OIG No. 24-17 Summary of Risk Assessment ActivityTO:
FROM:
DATE:
PROJECT:
Joseph M.Centorino,Inspector General
Honorable Mayor and Members of the City Commission
Joseph Centorino,Inspector General
August 21,2024
Summary of Risk Assessment Activity and High-Risk Contracts
Summary Period:January 1,2024,through July 31,2024
OIG No.:24-17
The Office of the Inspector General has a Contract Oversight function that may result in an
audit,investigation or review of any procurement or resulting City contract.In connection with
this oversight the OIG engages a certified Public Purchasing Officer (CPPO),Jill Klaskin Press,
as a part-time Contract Oversight Specialist.
The Contract Oversight Specialist monitors the City's procurement process with the
cooperation of the Procurement Department.The position provides general observation,
oversight,and analysis of various aspects of the governmental contracting process,including
bid process,evaluation,negotiations,and contract implementation.The primary objectives are
to promote transparency and efficiency in the City's procurement process and to ensure that
decisions are fair,objective,and without bias or prejudice toward any participant.
The OIG has developed a Risk Assessment Worksheet (RAW)tool to be initiated by a using
department,whenever a solicitation is requested.This form is sent to the City's Procurement
Department,and provides pertinent information related to nine risk factors about the nature and
conditions of the project or program in question and the projected cost of the goods or services
to be procured.For each contract with a dollar amount in excess of $1,000,000 or that involves
a project likely to be publicly debated or to result in publicity,the OIG calculates and applies
assessment scores to rate the contract as having a high,medium or low risk level.
This Risk Assessment tool has assisted the OIG in determining where to focus its procurement
and contract oversight.
When it is determined by the RAW that the solicitation indicates a "High Risk"score of 23 points
or higher,the Contract Oversight Specialist notifies the Inspector General,the Procurement
Director,Contracting Officer,and Supervisor of the findings.A high-risk score does not
necessarily indicate that a solicitation will raise any issues but serves to indicate a solicitation
that the OIG intends to follow.It also alerts the City Administration to high-risk contracts that may
merit special managerial oversight.
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After a contract has been identified as high risk,the City's Procurement Specialist retains the
score sheet in the solicitation folder and notifies the OIG Contract Oversight Specialist of any
addenda,meetings,protests,award,etc.,regarding the solicitation.The OIG Contract Specialist
may then follow the item through the procurement process by attending evaluation meetings and
reviewing procurement documents.In the event of a bid protest or other complaint received by
the OIG,the same scrutiny may be applied to medium or low risk procurements.
During the period of January 1,2024,through July 31,2024,the Procurement Department issued
approximately 266 solicitations of which 26 were determined to have a value in excess of
$1,000,000.Of the 26 solicitations,11 indicated a low-risk score,3 indicated a medium risk
score,and 12 indicated a high-risk score.
The solicitations identified as high-risk during the six-month period of the 2024 calendar year
and their current status include the following:
1)(PW)2024-044-ND -17th Street Right of Way
Status:In negotiation stage
2)(PW)2024-212-JP -30"Subaqueous Water Main Replacement,under Collins Canal at
22%8 23 Street
Status:The project was initiated and then postponed in February due to funding.The
project was initiated again in June and the draft is under review for release in collaboration
with the Public Works Department
3)(PW)2024-234-ND -Engineering Services for Seawalls and Living Shorelines
Status:Pending award.
4)(PW)2024-238-LB -Sewer Pump Station 28 Rehabilitation
Status:Solicitation being drafted
5)(PD)2024-274-KB -Speed Detection Systems for School Zones
Status:Evaluation Committee August 2,2024
6)(CIP)2024-381-ND -Flamingo Park Master Plan-Softball Field
Status:Solicitation being drafted
7)(CIP)2024-435-ND -Miami New Drama Project.
Status:Solicitation being drafted.
8)(PW)2024-458-ND -Citywide LED Lighting Upgrade Project
Status:Current bid opening date July 26,2024.
9)(PW)2024-481-JP-Sunset Island Main Water Main
Status:Solicitation draft is under review to be released pending additional information
from the Public Works Department
10)(PW)2024-511-JP -Water Main Replacement Project -Fire Flow Package 1
Status:Solicitation being drafted.
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11)(PW)2024-512-DF -Flamingo and City Center Main Fire Pkg.#2
Status:Solicitation is being drafted
12)(PW)2024-524-DF -Engineering Design Services for Right of Way N.Beach Town Center
Status:Solicitation is being drafted
The worksheets for all risk assessments are public record and are available to anyone upon
request.
/Respectfully submitted,
1 %
{'y Mady'
eral
Jill Klaskin Press,CPPO
Contract Oversight Specialist
cc:Eric Carpenter,City Manager
David Martinez,Assistant City Manager
Kristy Sada,Interim Chief Procurement Officer
OFFICE OF THE INSPECTOR GENERAL,City of Miami Beach
1130 Washington Avenue,6"Floor,Miami Beach,FL 33139
Tel:305.673.7020 •Hotline:786.897.1111
Email:CityofMiamiBeachOIG@miamibeachfl.gov
Website:www.mbinspectorgeneral.com
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Docusign Envelope ID: DD7C6EFB-A823-48D4-9771-DC71F30C50C5
8/22/2024 | 8:35 AM EDT
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(CIP) 2024-035-ND CMAR-Miami New Drama Project.docx
PROCUREMENT DEPARTMENT
Request for
Issuance Approval
Solicitation No.:
2024-435-ND
Solicitation Title: Miami Beach New Drama
(CMAR)
Requesting Department:
Capital Improvement Projects (CIP)
Department Lead for the Solicitation:
Mohsen Shaban
MINIMUM ELIGIBILITY CRITERIA:
(Must be limited to objective considerations, such as licenses, certifications, etc.)
The CMAR must be licensed as a Certified General Contractor in the State of Florida, Division of Business and
Professional Regulations. The CMAR must have completed construction for no less than six (6) similar projects,
of which 3 (three) projects with similar procurement model (CMAR) and one (1) project with LEED Gold certification.
INTRODUCTION & BACKGROUND:
The City of Miami Beach (the Landlord) and the Miami New Drama (the Tenant) enter into a Lease Agreement for
the ground floor of “Collins Park Parking Garage”, including the interior space, exterior terrace areas, and the to-
be-constructed Buildout Improvement (approximately 16,000 square feet). The Buildout Improvements shall
consist of a theater, including all applicable theatrical equipment, a cultural lobby/ lounge/ gallery, general use
areas, rehearsal space, costume studio, office space, and a Café.
The City will be responsible for the funding of the construction, permitting, and the oversight of construction
activities. The City will utilize “GMP” delivery method for the construction. This is a turnkey project that includes all
furniture, fixtures, and equipment (FF&E).
The Miami New Drama is responsible for the selection and funding of the design, including the architect and
engineer, and all architectural and engineering fees related in connection with the project.
SCOPE OF SERVICES & SPECIFICATIONS:
(Attach additional pages as necessary)
The services to be provided by the CMAR shall be performed essentially in two phases. Those two phases are the
Pre-Construction Phase Services and Construction Phase Services, as follows:
Pre-Construction Phase Services:
The CMAR shall work with the Consultant in reviewing and developing the design and construction documents,
taking into account the quality of the materials and equipment to ensure the most efficient design and minimum
lifecycle cost. The CMAR shall provide information, estimates, and make recommendations regarding construction
materials, equipment, methods, systems, phasing, and costs, and shall participate in design decisions to provide
the highest quality within the budget and Project Schedule.
Construction Phase Services:
Construction Manager shall provide all management, supervision, manpower, equipment, tools, and all other
necessary goods and services for the construction of the Project.
The Buildout Improvements shall consist of a 200-seat black box theater, including all applicable theatrical
equipment to be utilized in connection with the use of the Premises, a cultural lobby/lounge/gallery, general use
areas, rehearsal space, costume studio, office space, a stand-alone Cafe that may be operated independently and
securely from the rest of the Facility, whether or not the rest of the Facility is open for business, and general
purpose studio (collectively, the "Buildout Improvements").
The design/construction for the buildout improvements shall contain, as a minimum, the following elements:
Approx. 3,300 sq. ft. 200-seat Studio theater
Approx. 2,000 sq. ft. Multifunctional Lounge /Bookstore activation space
Approx. 2,000 sq. ft. Cafe/Restaurant
Approx. 3,000 sq. ft. Community Education and Rehearsal Studio
Approx. 1,500 sq. ft. Costume Design Studio
Approx. 1,500 sq. ft. Office Space
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(CIP) 2024-035-ND CMAR-Miami New Drama Project.docx
GMP_Agreement:
The Guaranteed Maximum Price construction contract and the schedule of values attached thereto or contained
therein (collectively, the "GMP Agreement") shall: (i) contain a contingency line item equal to ten percent (10%) of
the overall costs of the Buildout Improvements, and (ii) not exceed the amount of the allocated construction cost
of $4,750,000.00. In no event shall the use of the contingency cause the guaranteed maximum price ("GMP") to
be exceeded, and the Contractor shall be solely responsible for all costs that exceed the GMP, without any
reimbursement from the City.
Prior to the commencement of the Buildout improvements, the City shall cause the CMAR to buy-out, at a minimum,
(i) each line item of the schedule of values which exceeds $200,000.00 (and to the extend not exceeding
$200,000.00, each major trade within the schedule of values) and (ii) eighty percent (80%) of the overall project
costs (schedule of values), with the cost of such bought-out line items being consistent with the approved project
Budget.
SUSTAINABILITY/RESILIENCY REQUIREMENTS:
(Must be approved by the Chief Resiliency Officer)
The Parking Garage project was designed and constructed to meet the standards and requirements for
sustainability and resilience codified in Chapter 133, City of Miami Beach Code of Ordinances, entitled
"Sustainability and Resiliency', as may be amended from time to time. In addition, the Project building has been
designed and constructed in accordance with the standards outlined in LEED Certification for Core and Shell
version 4. The City pursued LEED Certification for Core & Shell version 4 at the Gold Level and Parksmart
Certification 2.0 at the Gold Level. As such, all design criteria related to the Buildout Improvements identified herein
must, comply in all material respects with the high performance and construction criteria outlined in attached Exhibit
during space build-out, provided in all cases that such LEED Certification for the Project is maintained.
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(CIP) 2024-035-ND CMAR-Miami New Drama Project.docx
EVALUATION CRITERIA (Not applicable for ITBs)
Criteria Sections Points*
Proposer Qualifications 30
Scope of Services Proposed 20
Approach & Methodology 20
Financial Proposal 30
Total 100*
*After Evaluation Committee has completed its review of proposals, the Procurement Division will add for veteran’s preference in accordance
with the applicable ordinance.
EVALUATION COMMITTEE MEMBERS
(Not applicable for ITBs)
Members* Alternates*
1. 1.
2. 2.
3. 3.
4.
5.
* Include name, title, organization and contact email of the individual
TENTATIVE CALENDAR:
Release
Proposer Conference
Proposals Due
Evaluation Committee
Presentations
Award
TERM:
Original: X Renewals:
BUDGET:
Budget Code: N/A Amount: N/A
395-6901-069357-26-410-549-00-00-00-24124
$4,750,000.00
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
NO
If Yes,
Account Code:
N/A
If Yes, what is the funding agency:
COST PROPOSAL, If applicable:
OIG – RISK ASSESSMENT:
Question: Department Response: Possible
Risk Points:
(To be completed
by OIG)
Points
Assigned:
(To be completed
by OIG)
This is a new program or service or has
revised changes to a previous
contract/solicitation.
New project (3) 3
Statement of Work is complex – there are
multiple components to the service to be
provided.
This is for the CMR service for Miami
Beach New Drama
(3) 3
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Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Performance Based
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive Procurement
2
(2)
(3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
Licensure requirements
(2) 2
Project has been or will be publicly debated
and may generated negative opinions in the
community and poses possible negative
publicity.
N/A
(6) 3
This project represents a significant portion of
the City’s comprehensive plan and poses a
financial or environmental risk.
N/A (5) 0
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
Above $1,000,000.00
5
(5)
(4)
(3)
(2)
(1)
Vendor will be allowed to subcontract key
activities of this project.
Yes (2) 2
Jill Klaskin Press, CPPO 6/26/2024 TOTAL POINTS 21
PROCUREMENT DEPARTMENT
CONSTRUCTION ITB
REQUEST FOR ISSUANCE
Solicitation No.: (To be Assigned by Procurement)
2024-381-ND
Solicitation Title:
Flamingo Park Master Plan- Softball Field
Requesting Department: CIP
Project Manager: Orlando Maffei
MINIMUM ELIGIBILITY CRITERIA:
Licensing Requirements: Bidder shall be licensed in the State of Florida as a General Contractor to
be considered for award and submit evidence of licensing with their bid.
Previous Experience of Bidder (Firm and/or its principal): Bidder and/or its principal must have
successfully completed a minimum of two (2) projects of similar scope and budget within the last Ten
(10) years. A project of similar scope and budget shall be defined as the construction of an artificial turf
sport field with drainage, concrete, sports lighting and park lighting with a minimum construction cost of
no less than $2,500,000.00
Previous Experience of Bidder (Firm) Project Manager: Bidder’s Lead Project Manager must have a
minimum of eight (8) years of experience in projects of similar scope and budget.
Previous Experience of Bidder (Firm) Superintendent: Bidder’s Superintendent must have a
minimum of eight (8) years of experience in projects of similar scope and budget.
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: 240 Days (8 Months)
Final Completion: 270 Days (9 Months)
BONDING INFORMATION:
5% Bid Bond: x YES ☐ NO
100% Payment Bond: x YES ☐ NO
100% Performance Bond: x YES ☐ NO
BACKGROUND NARRATIVE:
Flamingo Park is a 36.53-acre park located within the boundaries of the Historic Flamingo Park
neighborhood in South Beach. Inside the park there is an old softball field that needs renovations to
maximize its use. This Softball Field is part of Flamingo Park Master Plan GOB Project and will be
improved for the use of the community.
SCOPE OF SERVICES:
The scope of work consists in improvements to an existing softball field, including, but not limited to,
upgraded drainage and regrading of field, new artificial turf, improvements to dugouts and bleachers,
replacing existing fence with taller fences and netting, new sports lighting and park lighting, new
landscaping, replacing concrete sidewalks for people & vehicles and placement of bollards.
TENTATIVE ITB CALENDAR:
ITB Issued (6 weeks out from receipt of scope issuance
form)
Pre-Bid Conference (7-14 days from issue date)
Last Day for Receipt of Questions (10 days from bid due
date)
Bid Due (30-45 days from issue date)
Projected Recommendation to City Commission
(refer to commission deadlines)
LIQUIDATED DAMAGES:
x YES ☐ NO Amount: $1,000.00/calendar day to Substantial Completion
$1,000.00/calendar day to Final Completion
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
No
If Yes,
Account Code:
N/A
MAJOR CONSTRUCTION PROJECT APPROVAL
(MANAGEMENT POLICY FOR INTERNAL CONTROLS SECTION 2.2)
DEPARTMENT PROJECT NUMBER(S):
(IF APPLICABLE)
ARCHITECT/ENGINEER CONSTRUCTION
COST ESTIMATE:
$5,483,318.00
ESTIMATED BUDGET AMOUNT:
$5,483,318.00
CONSTRUCTION (ONLY) FUNDS AVAILABLE:
FUNDS AVAILABLE ACCOUNT NO.
1 12,375,021 391-0820-069357-26-410-546-00-00-00-21518
2
3
4
5
6
7
TOTAL:
APPROVALS:
OIG – RISK ASSESSMENT:
QUESTION DEPARTMENT RESPONSE
Possible Risk
Points:
(To be completed by
OIG)
Points
Assigned:
(To be completed by
OIG)
This is a new program or service or has revised
changes to a previous contract/solicitation.
New Contract (3) 3
Statement of Work is complex – there are multiple
components to the service to be provided.
This is a softball field renovation with
drainage, landscaping, site lighting and
sidewalk improvements.
(3) 3
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Performance Based
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive Procurement 2
(2)
(3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
Florida General Contractor’s License (2) 2
Project has been or will be publicly debated and may
generated negative opinions in the community and
poses possible negative publicity.
Project has been debated and generated
positive opinions in the Community.
(6) 5
This project represents a significant portion of the
City’s comprehensive plan and poses a financial or
environmental risk.
Project is part of the Flamingo Park
Master Plan.
(5) 3
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
$1,000,000 and above
5
(5)
(4)
(3)
(2)
(1)
Vendor will be allowed to subcontract key activities of
this project.
Yes (2) 2
Jill Klaskin Press, CPPO 6/4/2024 TOTAL POINTS 26
I. Construction documents have been completed and
submitted to the Procurement Department for inclusion
in the solicitation. Required for all construction projects.
Department Director:
II. The Budget Department has confirmed the availability
of funding for the construction phase. Required for all
construction projects.
Budget:
III. For projects with an estimated construction cost
greater than $5 million, an independent cost estimate
has been completed and submitted to the Procurement
Department.
Procurement:
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PD) 2024-274-KB Speed Detection System for School Zones.docx
PROCUREMENT DEPARTMENT
Request for
Issuance Approval
Solicitation No.:
TBD by Procurement Dept. 2024-274-DF
Solicitation Title: Speed Detection Systems for
School Zones
Requesting Department:
Police Department
Department Lead for the Solicitation:
MINIMUM ELIGIBILITY CRITERIA:
(Must be limited to objective considerations, such as licenses, certifications, etc.)
INTRODUCTION & BACKGROUND:
The City of Miami Beach is seeking proposals to implement school zone speed detection systems in accordance
with Florida State Statute 316.0776, 316.008(9)(a) and City of Miami Beach Ordinance XXXX and all applicable
other laws, ordinances, and administrative orders.
SCOPE OF SERVICES & SPECIFICATIONS:
(Attach additional pages as necessary)
The vendor will supply a school zone detection system (SDS) for an initial six (6) locations identified through the
city’s traffic consultant with a potential additional locations at a later date. The system must be exclusively funded.
All installation, maintenance, calibration, administration, and regulatory compliance costs are the responsibility of
the vendor. The program must be fully operational by XXXXXXX. The vendor is responsible for ensuring the
program meets and maintains compliance with all local, state, and federal laws.
Specifications:
• Vendor performs all necessary needs testing.
• Vendor provides and installs all signage and equipment related to the program.
• Vendor maintains all equipment, documentation, certifications, and permissions related to the program.
• Vendor provides system training to the police department at no cost.
• Vendor provides the police department with the ability to review stored footage (minimum 45 days).
• Vendor provides the police department with the ability to live stream video from the ONVIF camera feeds into
the City’s Video Management System.
• Vendor provides software for the approval and management of citations, review of video, and input of “hot list”
data.
• Vendor provides software for accessing automated license plate readers features.
• Speed detection camera system must be a high-definition motion picture camera system that uses only infrared
for lighting.
• Automated license plate readers for each location.
• Ability to merge automated license plate readers data with Motorola Vigilant/Axon/Flock/Genetec database
systems.
• System must provide traffic data for speed and volume based on time of day.
• System must be programmable for school calendar, specific enforcement times, and variable speed thresholds.
• System must be fixed location in nature.
• System must manage multi-lane roads with high volumes of traffic.
• Vendor provides all necessary documentation of certifications, citations, and evidence needed for court
hearings.
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PD) 2024-274-KB Speed Detection System for School Zones.docx
• The service contract with the City of Alpharetta must be reviewable with an option to terminate after one year of
implementation.
• Automated license plate readers and video system capabilities must be maintained at all times without regard to
school calendar or the volume of citations generated at any location.
• Vendor is responsible for the cost of returning physical locations to their previous state if any equipment is
removed or uninstalled for any reason.
SUSTAINABILITY/RESILIENCY REQUIREMENTS:
(Must be approved by the Chief Resiliency Officer)
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PD) 2024-274-KB Speed Detection System for School Zones.docx
EVALUATION CRITERIA (Not applicable for ITBs)
Criteria Sections Points*
Proposer Qualifications
Scope of Services Proposed
Approach & Methodology
Financial Proposal
Total 100*
*After Evaluation Committee has completed its review of proposals, the Procurement Division will add for veteran’s preference in accordance
with the applicable ordinance.
EVALUATION COMMITTEE MEMBERS
(Not applicable for ITBs)
Members* Alternates*
1. Police Lieutenant Joaquin Rodriguez 1. Officer Alan Chin
2. Budget Officer Richard Ajami 2. Sgt. Anthony Loperfido
3. Detective Alejandro Mouro 3. Lieutenant Grant Reid
4. Asst. Director Otniel Rodriguez
5. Chief Technology Officer Ozzie Macias
* Include name, title, organization and contact email of the individual
TENTATIVE CALENDAR:
Release
Proposer Conference
Proposals Due
Evaluation Committee
Presentations
Award
TERM:
Original: Renewals:
BUDGET:
Budget Code: N/A Amount: N/A
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
If Yes,
Account Code:
If Yes, what is the funding agency:
COST PROPOSAL, If applicable:
OIG – RISK ASSESSMENT:
Question: Department Response: Possible
Risk Points:
(To be completed by OIG)
Points
Assigned:
(To be completed by OIG)
This is a new program or service or has
revised changes to a previous
contract/solicitation.
This is a new program based on new
state legislation.
(3) 3
Statement of Work is complex – there are
multiple components to the service to be
provided.
The program is to install, maintain,
and administer a school speed zone
program in accordance with state law
and local ordinances.
(3) 3
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24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PD) 2024-274-KB Speed Detection System for School Zones.docx
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Revenue generating.
(1)
(2)
(3)
(4)
4
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive Procurement 2
(2)
(3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
No. (2) 0
Project has been or will be publicly debated
and may generated negative opinions in the
community and poses possible negative
publicity.
The project may be publicly debated. (6) 5
This project represents a significant portion of
the City’s comprehensive plan and poses a
financial or environmental risk.
No. (5) 0
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
Unknown amount. 5
(5)
(4)
(3)
(2)
(1)
Vendor will be allowed to subcontract key
activities of this project.
Unknown. (2) 1
Jill Klaskin Press, CPPO 2/21/2024 Total Points 23
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PROCUREMENT DEPARTMENT
Solicitation No.: (To be Assigned by Procurement)
2024-458-ND
Solicitation Title: CITYWIDE LED LIGHTING UPGRADE
PROJECT
SMART LIGHTING PHASE 1C
Requesting Department:
Public Work Department
Project Manager:
Arturo Carrocera (Construction)
MINIMUM ELIGIBILITY CRITERIA:
A. Prime Contractor must be a State of Florida Licensed and Certified General Contractor with a minimum of five (5) years’
experience in FDOT construction and repair of lighting and roadway projects. Contractor shall be certified under FDOT Class
“Electrical Work”.
B. Bidder must have completed a total of three (3) projects of similar scope (construction, repair, or replacement of Lighting
fixtures). and budget within the last five (5) years, two (2) of which must be successfully completed, the third of which may
be ongoing. City of Miami Beach experience is preferred.
C. Bidder’s Project Manager and Superintendent for this Project must have completed at least two (2) projects with hard
construction costs of at least $1.5 Million.
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: 365 Days
Final Completion: 40 Days
BONDING INFORMATION:
5% Bid Bond: ☐ YES ☐ NO
100% Payment Bond: X YES ☐ NO
100% Performance Bond: X YES ☐ NO
BACKGROUND NARRATIVE:
Phase 1C, the current stage of the project, has the specific objective to upgrade approximate 1000’s luminaires throughout
Miami Beach, constrained by the project budget allocated for this phase's construction. This phase aims to maximize the
city's budget to achieve the largest number of lighting improvements possible without the addition of new light poles
infrastructure. A significant feature of this phase is the inclusion of city approved Lighting Management System control
nodes, enabling offsite monitoring and control of the lighting assets to improve city operations and maintenance. This
phase builds upon continuous improvements across the city, where multiple fixtures, including those in city parks, parking
lots, and neighborhoods, have already been upgraded to LED to address known deficiencies and enhance safety and
operations. The current phase focuses on areas not yet updated to LED, with prioritization given to locations identified by
the city based on the preliminary citywide study conducted (Citelum Report), which pinpointed the lighting compliance
and deficient areas throughout the city. For better understanding and organization, the city has been divided this project
into different neighborhoods, each with varying degrees of priority for lighting upgrades (see Appendix E “Prioritization
Map”). The identified neighborhoods and sub- neighborhoods for this project include:
• Flamingo Lumus
• Bayshore (Palm View & Central Bayshore S.)
• City Center
• La Gorce (Upper N. Bay Rd & Alison Island)
SCOPE OF SERVICES:
CONSTRUCTION ITB
REQUEST FOR ISSUANCE
DocuSign Envelope ID: 99FB844E-D0E5-481C-AB46-0A7F4F54F42B
TENTATIVE ITB CALENDAR:
ITB Issued (6 weeks out from receipt of scope issuance
form)
Pre-Bid Conference (7-14 days from issue date)
Last Day for Receipt of Questions (10 days from bid due
date)
Bid Due (30-45 days from issue date)
Projected Recommendation to City Commission
(refer to commission deadlines)
LIQUIDATED DAMAGES:
X YES ☐ NO
Amount:
$2,397.26 / Per Day
The Liquidated Damages was calculated based on 25% of 3.5
million construction cost divided by the contract substantial
completion (365 Days)
GRANT FUNDING:
Is any portion of the project grant-funded? Yes/No: If Yes,
Account Code:
RIGHT TO KNOW:
Is this a “Residents’ Right to Know”
project?
X YES ☐ NO
Continued on the following page.
MAJOR CONSTRUCTION PROJECT APPROVAL
(MANAGEMENT POLICY FOR INTERNAL CONTROLS SECTION 2.2)
This project work primarily consists of replacement of existing approximate 1000’s luminaires with new LED Luminaires
and existing LED luminaires to remain and some electrical components. Part of the scope of work will include repairs at
existing light pole locations and replacement or installation of various load centers. The Smart Lighting Component will be
provided by the contractor.
• CMB R/W Permit
• CMB Electrical Building Permit.
DEPARTMENT PROJECT NUMBER(S):
(IF APPLICABLE)
64918 /67319 / 27800
ARCHITECT/ENGINEER CONSTRUCTION COST
ESTIMATE:
3.5 million
ESTIMATED BUDGET AMOUNT:
3.6 million
CONSTRUCTION (ONLY) FUNDS AVAILABLE:
ACCOUNT NO. FUNDS AVAILABLE
DocuSign Envelope ID: 99FB844E-D0E5-481C-AB46-0A7F4F54F42B
1 $401,000.00 64918- CONST, SVCS-LIGHTING – 307 / 307-0810-000342-29-400-
592-00-00-00-64918
2 $1,000.00 64918 – CONST, SVCS-LIGHTING – 306 / 306-1720-000342-00-400-
592-00-00-00-64918
3 $1,000.00 64918- CONST, SVCS-LIGHTING - - 305/ 305-0810-000342-29-400-
592-00-00-00-64918
4 $2,815,846.82 67319 – CONT, SVCS-LIGHTING –392 / 392-0840-000342-29-401-
521-00-00-00-67319
5 $423,613.98 27800 -CONSTRUCT -LIGHTING -306 / 306-0840-069357-00-410-000-
00-00-00-27800
TOTAL: $3,642,460.80
APPROVALS:
I. Construction documents have been completed and
submitted to the Procurement Department for inclusion
in the solicitation. Required for all construction projects.
Department Director:
II. The Budget Department has confirmed the availability
of funding for the construction phase. Required for all
construction projects.
Budget:
III. For projects with an estimated construction cost
greater than $5 million, an independent cost estimate
has been completed and submitted to the Procurement
Department.
Procurement:
N/A Estimate Construction Cost is
less than $5 million.
Continued on the following page.
OIG – RISK ASSESSMENT:
QUESTION
DEPARTMENT RESPONSE
Possible Risk
Points:
(To be completed by
OIG)
Points
Assigned:
(To be completed by
OIG)
This is a new program or service or has revised
changes to a previous contract/solicitation.
Yes, this is a new program (3) 3
Statement of Work is complex – there are multiple
components to the service to be provided.
The work can be complex, depend on
existing utilities and unforeseen conditions.
(3) 3
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Performance Based
(1)
(2)
(3)
(4)
3
Contract will be awarded for this project utilizing:
1. Competitive Procurement
Competitive Procurement
(2)
3
DocuSign Envelope ID: 99FB844E-D0E5-481C-AB46-0A7F4F54F42B
2. Non-competitive or Sole Source (3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
Yes, Vendor for this/these services must
maintain accreditation or licensure
requirements.
(2) 3
Project has been or will be publicly debated and may
generated negative opinions in the community and
poses possible negative publicity.
(6) 3
This project represents a significant portion of the
City’s comprehensive plan and poses a financial or
environmental risk.
(5) 3
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
The project cost amount will be $3.5 Million
(5)
(4)
(3)
(2)
(1)
5
Vendor will be allowed to subcontract key activities of
this project.
Yes, the Vendor will be allowed to
Subcontract 30 % of the activities of this
project.
(2) 2
Jill Klaskin Press, CPPO 6/17/2024 TOTAL POINTS 28
End of form.
PROCUREMENT DEPARTMENT
Construction ITB
Request for Issuance
Solicitation No.: (To be Assigned by Procurement)
2024-212-JP
Solicitation Title:
Subaqueous Water Main Replacement, under
Collins Canal at 22nd & 23rd Street
Requesting Department:
Public Works
Project Manager:
Raul Cabrera
MINIMUM ELIGIBILITY CRITERIA:
Licensed General Contractor OR
Licensed Underground Utility Contractor
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: TBD - Ask Ardurra
Final Completion: Substantial + 60 days
BONDING INFORMATION:
5% Bid Bond: X YES ☐ NO
100% Payment Bond: X YES ☐ NO
100% Performance Bond: X YES ☐ NO
BACKGROUND NARRATIVE:
The City of Miami Beach approved the implementation of capital improvements in accordance with the City’s
Water Master Plan (2019).
In accordance with recommendations in the City’s Water Master Plan, the scope of this project is to install new
potable water pipelines across Collins Canal at 22nd Street and 23rd Street, and associated improvements. The
project includes pipelines of varying diameter (4” to 24”) and material types (ductile iron and HDPE), and the
construction method inclues both horizontal direction drill (HDD) and open cut.
SCOPE OF SERVICES:
The Work set forth within these Contract Documents includes the furnishing of all labor, materials, equipment,
services, and incidentals necessary to complete the required work.
TENTATIVE ITB CALENDAR:
ITB Issued
Pre-Bid Conference
Last Day for Receipt of Questions
Bid Due
Projected Recommendation to City Commission
LIQUIDATED DAMAGES
X YES ☐ NO Amount: $2,650/day
BUDGET:
Budget Code: Estimated Amount: $ 2,922,057
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
No
If Yes,
Account Code:
28520 -CONSTRUCT -UTILITIES -
418 / 418-0815-069357-29-
418-561-00-00-00-28520
OIG – RISK ASSESSMENT:
Question: Department Response:
Possible
Risk Points:
(To be completed by OIG)
Points
Assigned:
(To be completed by OIG)
This is a new program or service or has
revised changes to a previous
contract/solicitation.
This is a new service. (3) 3
Statement of Work is complex – there are
multiple components to the service to be
provided.
Yes. See background narrative. (3) 3
Payment method to be used:
1. Performance-Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
1. Performance-Based
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
1. Competitive Procurement 1
(2)
(3)
Vendors for this/these services must
maintain accreditation or licensure
requirements.
Licensed General Contractor OR
Licensed Underground Utility
Contractor
(2) 2
Project has been or will be publicly
debated and may generated negative
opinions in the community and poses
possible negative publicity.
No (6) 0
This project represents a significant portion
of the City’s comprehensive plan and
poses a financial or environmental risk.
This project was included in the City’s
Water Master Plan. There are inherent
financial risks in any construction
project. There are environmental risks
due to work taking place underneath
Collins Canal.
(5) 5
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
1. $1,000,000 and above. 5
(5)
(4)
(3)
(2)
(1) Vendor will be allowed to subcontract key
activities of this project.
Yes. (2) 2
Jill Klaskin Press, CPPO 1/5/2024
TOTAL POINTS 22
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-234-ND Eng. Serv. for Seawalls and Living Shorelines.docx
PROCUREMENT DEPARTMENT
Request for
Issuance Approval
Solicitation No.:
2024-234-ND
Solicitation Title: Engineering Services for
Seawalls and Living Shorelines
Requesting Department:
Department Lead for the Solicitation:
MINIMUM ELIGIBILITY CRITERIA:
(Must be limited to objective considerations, such as licenses, certifications, etc.)
INTRODUCTION & BACKGROUND/PURPOSE:
SCOPE OF SERVICES & SPECIFICATIONS:
(Attach additional pages as necessary)
SUSTAINABILITY/RESILIENCY REQUIREMENTS:
(Must be approved by the Chief Resiliency Officer)
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-234-ND Eng. Serv. for Seawalls and Living Shorelines.docx
EVALUATION CRITERIA (Not applicable for ITBs)
Criteria Sections Points*
Proposer Qualifications
Scope of Services Proposed
Approach & Methodology
Financial Proposal
Total 100*
*After Evaluation Committee has completed its review of proposals, the Procurement Division will add for veteran’s preference in accordance
with the applicable ordinance.
EVALUATION COMMITTEE MEMBERS
(Not applicable for ITBs)
Members* Alternates*
1. Building (Ana to provide member) 1.Nestor Navarro
2. Teresa Kaimrajh (PW) 2.Eugene Egemba
3. Precht, Lindsey 3.Environemental to provide
4. Matthew LePera
5. CIP to provide
* Include name, title, organization and contact email of the individual
TENTATIVE CALENDAR:
Release
Proposer Conference
Proposals Due
Evaluation Committee
Presentations
Award
TERM:
Original: Renewals:
BUDGET:
Budget Code: 433-0815-061357-29-418-
564-00-00-00-29020
Amount: TBD
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
If Yes,
Account Code:
If Yes, what is the funding agency: We have not identified grants at this time, but we may
obtain grants in the future
COST PROPOSAL, If applicable:
OIG – RISK ASSESSMENT:
Question: Department Response: Possible
Risk Points:
(To be completed
by OIG)
Points
Assigned:
(To be completed
by OIG)
This is a new program or service or has
revised changes to a previous
contract/solicitation.
This is a new solicitation (3) 3
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-234-ND Eng. Serv. for Seawalls and Living Shorelines.docx
Statement of Work is complex – there are
multiple components to the service to be
provided.
This RFQ is related to design, permitting
and limited construction inspections
for Seawalls and Living shorelines
(3) 3
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Fee for services
(1)
(2)
(3)
(4)
2
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive Procurement
2
(2)
(3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
License is required (2) 2
Project has been or will be publicly debated
and may generated negative opinions in the
community and poses possible negative
publicity.
Some of the upcoming project will be
presented to the public for input.
(6) 6
This project represents a significant portion of
the City’s comprehensive plan and poses a
financial or environmental risk.
This project is part of City’s resiliency
efforts to combat sea level rise and
protecting public welfare
(5) 4
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
We may have different amounts,
including project above $1 million
dollars
5
(5)
(4)
(3)
(2)
(1)
Vendor will be allowed to subcontract key
activities of this project.
Yes. (2) 2
Jill Klaskin Press, CPPO 2/6/2024 TOTALL POINTS 29
PROCUREMENT DEPARTMENT
Construction ITB
Request for Issuance
Solicitation No.: (To be Assigned by Procurement)
2024-238-LB
Solicitation Title:
Sewer Pump Station 28 Rehabilitation
Requesting Department:
City of Miami Beach Public Works Department
Project Manager:
Omar Mendoza, PE, CGC
MINIMUM ELIGIBILITY CRITERIA:
Florida Licensed General Contractor
Florida Licensed Underground Utility Contractor
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: 654
Final Completion: 90
BONDING INFORMATION:
5% Bid Bond: ☐ YES ☐ NO
100% Payment Bond: ☐ YES ☐ NO
100% Performance Bond: ☐ YES ☐ NO
BACKGROUND NARRATIVE:
The scope of work for this project is outlined in the City’s Sewer Master Plan dated October 2019, project S-28.
Sewer Pump Station (PS) 28 is owned and operated by the City of Miami Beach (CITY). The station is
located at 300 West 28th Street, Miami Beach, Florida. The PS 28 lift station collects flow from its own
collection basin as well as two upstream pump stations, PS 13 and 14. Wastewater entering the station
from the gravity collection system must past through the influent screening structure, which is located on
the east side of the station. The gravity influent to the structure comes from 30-inch and 24-inch lines that
enter the structure on its east side from the north and south, respectively. Flow channels divert the entering
flow through a comminutor (channel grinder) prior to enter the station’s wet well via a 30-inch influent line.
Once in the wet well, a triplex lift station consisting of three 200 horsepower (HP) (two in operation, one
standby unit) pumps, pump the gravity influent into the 36-inch discharge header associated with the
booster pumps.
Additionally, PS 28 is equipped with booster pumps that boost the flows generated by PS 15, 18, 27, and
29. The 42-inch influent force main feeding the booster pumps enters the station on the east side of the dry
well. Similar to the lift station, the booster station is a triplex configuration. The 350 HP booster pumps
discharge into the 36-inch header to which the lift station is manifolded. Wastewater from the booster/lift
station is pumped southward via a 30-inch force main to the south end of the island, where it exits the City
though Miami-Dade Water and Sewer Department (MDWASD) Meter No. M-29 discharging to the Central
District Wastewater Treatment Plant (CDWWTP) for treatment and disposal.
The work includes the complete rehabilitation of the pump station building and demolition and construction of a
new electrical building, including but not limited to the demolition of the existing electrical building, interior
demolition of the pump station building, complete replacement of all pumps piping and appurtenances, install
new generator and fuel tank, new odor control, new ventilation / AC (HVAC) system, improve site accessibility,
electrical, plumbing, instrumentation and site work, storm proof and rehabilitate the pump station by installing
watertight hatches and hurricane proof windows and doors, perform all structural and ancillary work as
necessary to maintain the structural integrity and prevent water intrusion to the buildings, and the complete
replacement of about 445 LF 30” DIP discharge force main via open cut.
SCOPE OF SERVICES:
The Work set forth within these Contract Documents includes the furnishing of all labor, materials, equipment,
services, and incidentals necessary to complete the required work described here including all appurtenant work,
complete, tested, and ready for operation, including temporary utilities and facilities as required, all surveying
work for layout construction and as-builts, all in conformance with these Contract Documents and City of Miami
Beach Public Works Standards.
TENTATIVE ITB CALENDAR:
ITB Issued 2/1/2024
Pre-Bid Conference 2/8/2024
Last Day for Receipt of Questions 2/16/2024
Bid Due 3/1/2024
Projected Recommendation to City Commission 3/13/2024
LIQUIDATED DAMAGES
☐ YES ☐ NO Amount: $7,742.00
BUDGET:
Budget Code:
419-0815-069357-29-
418-000-00-00-00-
20619
418-0815-069357-00-
418-561-00-00-00-
20619
Estimated Amount: $ 26,300,000.00
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
Yes
If Yes,
Account Code: 146-0816-069357-00-410-
561-00-00-00-51322
OIG – RISK ASSESSMENT:
Question: Department Response:
Possible
Risk Points:
(To be completed
by OIG)
Points
Assigned:
(To be completed
by OIG)
This is a new program or service or has
revised changes to a previous
contract/solicitation.
This is a new service.
(3) 3
Statement of Work is complex – there are
multiple components to the service to be
provided.
Project consists in the complete
rehabilitation of the Pump Station and
full demolition and construction of a
new Electrical Building.
(3) 3
Payment method to be used:
1. Performance-Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
1. Performance-Based.
(1)
(2)
(3)
(4)
3
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
1. Competitive Procurement. 2
(2)
(3)
Vendors for this/these services must
maintain accreditation or licensure
requirements.
Yes – Licensed Underground Utility
Contractor
(2) 2
Project has been or will be publicly
debated and may generated negative
opinions in the community and poses
possible negative publicity.
The community was already notified
of the construction activities that are
expected as part of this project.
(6) 3
This project represents a significant portion
of the City’s comprehensive plan and
poses a financial or environmental risk.
Project was included in the 5-year
Capital Sewer Master Plan S-28.
(5) 5
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
1. The project estimated amount is
$ 26,300,000.00
5
(5)
(4)
(3)
(2)
(1) Vendor will be allowed to subcontract key
activities of this project.
Yes. (2) 2
Jill Klaskin Press, CPPO 1/23/2024 TOTAL POINTS 28
OIG - RISK ASSESSMENT:
QUESTION
DEPARTMENT RESPONSE
Possible Risk
Points:
Points
Assigned:
This is a new program or service or has revised
changes to a previous contract/solicitation.
This is a new program. {3) 3
Statement of Work is complex - there are multiple
components to the service to be provided.
Medium complexity water and sewer
"Infrastructure project.
(3) 2
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Performance based contract
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive procurement
(2)
{3)
2
Vendors for this/these services must maintain
accreditation or licensure requirements.
Yes, they must hold contractor licensor. We
will allow both General. Contractors and underground Contractors.
(2) 2
Project has been or will be publicly debated and may
generated negative opinions in the community and
poses possible negative publicity.
This requires protection of the
. waterway/water quality. Pollution control
measures must be in place.
{6) 0
This project represents a significant portion of the
City's comprehensive plan and poses a financial or
environmental risk.
This is a Capital Improvement project. It
does not pose a financial or environmental
risk.
(S) 0
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
Project Cost $3,400,000.00
(5)
(4)
{3)
(2)
(1)
5
Vendor will be allowed to subcontract key activities o1
•his project.
Yes, Vendor will be allowed to subcontract
30% of the work. (2) 2
Jill Klaskin Press, CPPO 6/24/2024 TOTAL POINTS 17
Docusign Envelope ID: DD1AD5FC-B357-4735-8316-9142D5143E0F
PROCUREMENT DEPARTMENT
Solicitation No.: (To be Assigned by Procurement)
2024-511-JP
Solicitation Title:
Water Main Replacement Project – Fire Flow Package 1
Requesting Department:
Public Works
Project Manager:
Arturo Carrocera
MINIMUM ELIGIBILITY CRITERIA:
Licensed General Contractor OR
Licensed Underground Utility Contractor
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: 290
Final Completion: 355
BONDING INFORMATION:
5% Bid Bond: X YES ☐ NO
100% Payment Bond: X YES ☐ NO
100% Performance Bond: X YES ☐ NO
BACKGROUND NARRATIVE:
The scope of work for this project is identified in the City’s Water System Master Plan (2019) as projects W-14,
W-15, and W-26. The work includes installation of approximately 7,650 linear feet of water main, up to 16-inch
diameter.
SCOPE OF SERVICES:
The Work set forth within these Contract Documents includes the furnishing of all labor, materials, equipment,
services, and incidentals necessary to complete the required work.
TENTATIVE ITB CALENDAR:
ITB Issued (6 weeks out from receipt of scope issuance
form)
Pre-Bid Conference (7-14 days from issue date)
Last Day for Receipt of Questions (10 days from bid due
date)
Bid Due (30-45 days from issue date)
Projected Recommendation to City Commission
(refer to commission deadlines)
LIQUIDATED DAMAGES:
X YES ☐ NO Amount:
GRANT FUNDING:
Is any portion of the project grant-funded? Yes/No:
No
If Yes,
Account Code:
RIGHT TO KNOW:
Is this a “Residents’ Right to Know”
project?
X YES ☐ NO
Continued on the following page.
CONSTRUCTION ITB
REQUEST FOR ISSUANCE
Docusign Envelope ID: DD1AD5FC-B357-4735-8316-9142D5143E0F
DEPARTMENT PROJECT NUMBER(S):
(IF APPLICABLE)
51-002
ARCHITECT/ENGINEER CONSTRUCTION COST
ESTIMATE:
$4,795,698
ESTIMATED BUDGET AMOUNT:
$4,795,698
MAJOR CONSTRUCTION PROJECT APPROVAL
(MANAGEMENT POLICY FOR INTERNAL CONTROLS SECTION 2.2)
CONSTRUCTION (ONLY) FUNDS AVAILABLE:
FUNDS AVAILABLE ACCOUNT NO.
1 $4,795,698 Subject to approval of the 8th Capital Budget Amendment
2
TOTAL: $4,795,698
APPROVALS:
I. Construction documents have been completed and
submitted to the Procurement Department for inclusion
in the solicitation. Required for all construction projects.
Department Director:
II. The Budget Department has confirmed the availability
of funding for the construction phase. Required for all
construction projects.
Budget:
III. For projects with an estimated construction cost
greater than $5 million, an independent cost estimate
has been completed and submitted to the Procurement
Department.
Procurement:
Continued on the following page.
Docusign Envelope ID: DD1AD5FC-B357-4735-8316-9142D5143E0F
OIG – RISK ASSESSMENT:
QUESTION
DEPARTMENT RESPONSE
Possible Risk
Points:
(To be completed by
OIG)
Points
Assigned:
(To be completed by
OIG)
This is a new program or service or has revised
changes to a previous contract/solicitation.
This project was previously bid as ITB 2023-
063-LB. The engineer has revised the plans
and specifications to address questions
received as part of the RFI from contractors.
(3) 3
Statement of Work is complex – there are multiple
components to the service to be provided.
Replacement of water mains to meet desired
fire flow pressures.
(3) 2
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
1. Performance-based
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
1. Competitive Procurement
(2)
(3)
2
Vendors for this/these services must maintain
accreditation or licensure requirements.
Yes (2) 2
Project has been or will be publicly debated and
may generated negative opinions in the
community and poses possible negative publicity.
The community will be notified of the
construction activities that are expected as
part of this project.
(6) 5
This project represents a significant portion of the
City’s comprehensive plan and poses a financial or
environmental risk.
Project is to ensure proper fire flow pressures
within the areas being improved in the City
Center neighborhood, as recommended in the
City’s Water System Master Plan.
(5) 2
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
1. $1,000,000 and above.
(5)
(4)
(3)
(2)
(1)
5
Vendor will be allowed to subcontract key
activities of this project.
Yes (2) 2
Jill Klaskin Press, CPPO 7/18/2024 Total Points 24
End of form.
Docusign Envelope ID: 7CB729DC-BAC5-494E-9B03-F5D0521285B7
PROCUREMENT DEPARTMENT
Solicitation No.: (To be Assigned by Procurement)
2024-512-DF
Solicitation Title:
Water Main Replacement Project – Fire Flow Package 2
Requesting Department:
Public Works
Project Manager:
Arturo Carrocera
MINIMUM ELIGIBILITY CRITERIA:
Licensed General Contractor OR
Licensed Underground Utility Contractor
CONSTRUCTION SCHEDULE (Calendar Days):
Substantial Completion: 290
Final Completion: 355
BONDING INFORMATION:
5% Bid Bond: X YES ☐ NO
100% Payment Bond: X YES ☐ NO
100% Performance Bond: X YES ☐ NO
BACKGROUND NARRATIVE:
The scope of work for this project is identified in the City’s Water System Master Plan (2019) as projects W-16,
W-17, W-19, W-21, W-23, W-24, W-25, and W-28. The work includes installation of approximately 6,020 linear
feet of water main, up to 16-inch diameter.
SCOPE OF SERVICES:
The Work set forth within these Contract Documents includes the furnishing of all labor, materials, equipment,
services, and incidentals necessary to complete the required work.
TENTATIVE ITB CALENDAR:
ITB Issued (6 weeks out from receipt of scope issuance
form)
Pre-Bid Conference (7-14 days from issue date)
Last Day for Receipt of Questions (10 days from bid due
date)
Bid Due (30-45 days from issue date)
Projected Recommendation to City Commission
(refer to commission deadlines)
LIQUIDATED DAMAGES:
X YES ☐ NO Amount:
GRANT FUNDING:
Is any portion of the project grant-funded? Yes/No:
No
If Yes,
Account Code:
RIGHT TO KNOW:
Is this a “Residents’ Right to Know”
project?
X YES ☐ NO
Continued on the following page.
CONSTRUCTION ITB
REQUEST FOR ISSUANCE
Docusign Envelope ID: 7CB729DC-BAC5-494E-9B03-F5D0521285B7
DEPARTMENT PROJECT NUMBER(S):
(IF APPLICABLE)
51-003
ARCHITECT/ENGINEER CONSTRUCTION COST
ESTIMATE:
$3,872,693
ESTIMATED BUDGET AMOUNT:
$3,872,693
MAJOR CONSTRUCTION PROJECT APPROVAL
(MANAGEMENT POLICY FOR INTERNAL CONTROLS SECTION 2.2)
CONSTRUCTION (ONLY) FUNDS AVAILABLE:
FUNDS AVAILABLE ACCOUNT NO.
1 $3,872,693 Subject to approval of the 8th Capital Budget Amendment
2
TOTAL: $3,872,693
APPROVALS:
I. Construction documents have been completed and
submitted to the Procurement Department for inclusion
in the solicitation. Required for all construction projects.
Department Director:
II. The Budget Department has confirmed the availability
of funding for the construction phase. Required for all
construction projects.
Budget:
III. For projects with an estimated construction cost
greater than $5 million, an independent cost estimate
has been completed and submitted to the Procurement
Department.
Procurement:
Continued on the following page.
Docusign Envelope ID: 7CB729DC-BAC5-494E-9B03-F5D0521285B7
OIG – RISK ASSESSMENT:
QUESTION
DEPARTMENT RESPONSE
Possible Risk
Points:
(To be completed by
OIG)
Points
Assigned:
(To be completed by
OIG)
This is a new program or service or has revised
changes to a previous contract/solicitation.
This project was previously bid as ITB 2023-
059-DF. The engineer has revised the plans
and specifications to address questions
received as part of the RFI from contractors.
(3) 3
Statement of Work is complex – there are multiple
components to the service to be provided.
Replacement of water mains to meet desired
fire flow pressures.
(3) 1
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
1. Performance-based
(1)
(2)
(3)
(4)
1
Contract will be awarded for this project utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
1. Competitive Procurement
(2)
(3)
2
Vendors for this/these services must maintain
accreditation or licensure requirements.
Yes (2) 2
Project has been or will be publicly debated and
may generated negative opinions in the
community and poses possible negative publicity.
The community will be notified of the
construction activities that are expected as
part of this project.
(6) 5
This project represents a significant portion of the
City’s comprehensive plan and poses a financial or
environmental risk.
Project is to ensure proper fire flow pressures
within the areas being improved in the City
Center neighborhood, as recommended in the
City’s Water System Master Plan.
(5) 1
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
1. $1,000,000 and above.
(5)
(4)
(3)
(2)
(1)
5
Vendor will be allowed to subcontract key
activities of this project.
Yes (2) 2
Jill Klaskin Press, CPPO 7/22/2024 Total Points 22
End of form.
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-524-DF Eng. Des. Serv. for ROW N. Beach Town Center.docx
PROCUREMENT DEPARTMENT
Request for
Issuance Approval
Solicitation No.:
2024-524-DF
Solicitation Title:
ENGINEERING DESIGN SERVICES FOR RIGHT OF
WAY IMPROVEMENTS IN THE NORTH BEACH TOWN
CENTER
Requesting Department:
Public Works
Department Lead for the Solicitation:
Giancarlo Pena
MINIMUM ELIGIBILITY CRITERIA:
(Must be limited to objective considerations, such as licenses, certifications, etc.)
Refer to RFP 2022-307-ND for information.
INTRODUCTION & BACKGROUND/PURPOSE:
Refer to RFP 2022-307-ND for information.
SCOPE OF SERVICES & SPECIFICATIONS:
(Attach additional pages as necessary)
Refer to RFP 2022-307-ND for information.
SUSTAINABILITY/RESILIENCY REQUIREMENTS:
(Must be approved by the Chief Resiliency Officer)
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-524-DF Eng. Des. Serv. for ROW N. Beach Town Center.docx
EVALUATION CRITERIA (Not applicable for ITBs)
Criteria Sections Points*
Proposer Qualifications
Scope of Services Proposed
Approach & Methodology
Financial Proposal
Total 100*
*After Evaluation Committee has completed its review of proposals, the Procurement Division will add for veteran’s preference in accordance
with the applicable ordinance.
EVALUATION COMMITTEE MEMBERS
(Not applicable for ITBs)
Members* Alternates*
1. Giancarlo Pena 1. Cristina Ortega
2. Ghassan Choueiry 2. Maria Cerna
3. David Gomez 3.Lindsey Precht
4. Amy Knowles
5.
* Include name, title, organization and contact email of the individual
TENTATIVE CALENDAR:
Release
Proposer Conference
Proposals Due
Evaluation Committee
Presentations
Award
TERM:
Original: Renewals:
BUDGET:
Budget Code: Amount:
303-0815-061357-29-410-
561-00-00-00-50323
$7,346,180.54
GRANT FUNDING:
Is any portion of the project grant funded? Yes/No:
If Yes,
Account Code:
303-0815-061357-29-410-561-
00-00-00-50323
If Yes, what is the funding agency: Federal DEP grant
COST PROPOSAL, If applicable:
OIG – RISK ASSESSMENT:
Question: Department Response: Possible
Risk Points:
(To be completed by OIG)
Points
Assigned:
(To be completed by OIG)
https://miamibeach-my.sharepoint.com/personal/elisaalonso_miamibeachfl_gov/Documents/OIG REPORTS - TRACKING/OIG REPORTS/ISSUED REPORTS/FY23-24/OIG No.
24-17 Summary of Risk Assessment Activity/FINAL/worksheet/(PW) 2024-524-DF Eng. Des. Serv. for ROW N. Beach Town Center.docx
This is a new program or service or has
revised changes to a previous
contract/solicitation.
New Solicitation (3) 3
Statement of Work is complex – there are
multiple components to the service to be
provided.
Yes. Multiple components (3) 3
Payment method to be used:
1. Performance Based
2. Fee for Service
3. Cost Reimbursement
4. Revenue Generating
Fee For Service
(1)
(2)
(3)
(4)
2
Contract will be awarded for this project
utilizing:
1. Competitive Procurement
2. Non-competitive or Sole Source
Competitive Procurement
2
(2)
(3)
Vendors for this/these services must maintain
accreditation or licensure requirements.
License required (2) 2
Project has been or will be publicly debated
and may generated negative opinions in the
community and poses possible negative
publicity.
Project will be presented to the
community and may generate
negative opinions
(6) 6
This project represents a significant portion of
the City’s comprehensive plan and poses a
financial or environmental risk.
This project represents a significant
portion of the City’s comprehensive
plan
(5) 5
Project Maximum Amount:
1. $1,000,000 and above
2. $500,000 to $999,999
3. $250,000 to $499,999
4. $50,000 to $249,999
5. Below $50,000
$1,000,000 and above
5
(5)
(4)
(3)
(2)
(1)
Vendor will be allowed to subcontract key
activities of this project.
Yes (2) 2
Jill Klaskin Press, CPPO 7/6/2024 TOTAL POINTS 30
Contract No. 24-044-01
1
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CES CONSULTANTS, INC.
FOR
ENGINEERING DESIGN SERVICES FOR RIGHT OF WAY IMPROVEMENTS ALONG 17TH
STREET FROM WASHINGTON AVENUE TO ALTON ROAD.
RESOLUTION NO. 2024-33081
Contract No. 24-044-01
2
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 .................................................. 244
ARTICLE 13. ERRORS AND OMISSIONS ............................................................................ 244
ARTICLE 14. LIMITATION OF LIABILITY .............................................................................. 255
ARTICLE 15. NOTICE ........................................................................................................... 255
ARTICLE 16. FLORIDA PUBLIC RECORDS LAW ...................Error! Bookmark not defined.6
ARTICLE 17. INSPECTOR GENERAL RIGHTS ………………………………………………..…28
ARTICLE 18. MISCELLANEUS PROVISIONS ………..…………………………………………..29
SCHEDULES:
SCHEDULE A – SCOPE OF SERVICES ...................................Error! Bookmark not defined.4
SCHEDULE A-1 ........................................................................................................................64
SCHEDULE B ...........................................................................................................................66
SCHEDULE C ...........................................................................................................................72
SCHEDULE D …………………………………………………………………………………………. 73
SCHEDULE E …………………………………………………………………………………………. 74
ATTACHED SEPARATELY:
ATTACHMENT A: Resolution and Commission Award Memorandum
ATTACHMENT B: Addenda and Request for Qualifications (RFQ) Solicitation
ATTACHMENT C: Consultant Proposal Response to RFQ and Sunbiz
Contract No. 24-044-01
3
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CES CONSULTANTS, INC.
FOR
ENGINEERING DESIGN SERVICES FOR RIGHT OF WAY IMPROVEMENTS ALONG 17TH
STREET FROM WASHINGTON AVENUE TO ALTON ROAD.
This Agreement made and entered into this ___________, (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), CES CONSULTANTS, INC., a Florida profit
corporation having its local office at 3150 Southwest 38th Avenue, suite 450, Miami FL 33146
(hereinafter referred to as Consultant).
W I T N E S S E T H:
WHEREAS, the RFQ No. 2024-044-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 June 26, 2024, the City Commission approved Resolution No. 2024-
33081, authorizing the City to enter into negotiations with CES Consultants, 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.
Contract No. 24-044-01
4
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
Contract No. 24-044-01
5
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 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:
1. Chen Moore and Associates, Inc.
2. HML Public Outreach LLC
3. Assurance Consulting Engineers, LLC
4. Delta Consultants, LLC
5. Green Dade, Inc.
6. Langan Engineering and Environmental Services, Inc.
7. Longitude Surveyors, LLC.
8. Terracon Consultants, Inc.
9. V&A Consulting Engineers, Inc.
10. CALTRAN Engineering Group, Inc.
CONSULTANT SERVICE ORDER: Consultant Service Order (CSO) shall mean any work order
issued in writing 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. CSOs must be approved pursuant to Contract Approval Authority
Procedures 03.02 and 03.03. CSOs for Major Construction Projects shall be approved by City
Commission.
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. Changes to a CSO
shall not be considered a contract amendment.
Contract Amendments shall be approved in accordance with Section 2-369 of the City Code and
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 No. 24-044-01
6
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.
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.
MAJOR CONSTRUCTION PROJECT: “Major Construction Project” means any building
construction, improvement, or demolition with a value of $5 million or greater, or as amended.
PROJECT: The “Project” shall mean that certain City capital project described in the Scope of
Services set forth in Schedule A hereto.
Contract No. 24-044-01
7
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 & Payment 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.
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
Contract No. 24-044-01
8
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.
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
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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
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
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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
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
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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
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,
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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.
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.
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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
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
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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 Contract Amendments shall be approved in accordance with Contract Approval
Authority Procedure 03.02 or as amended.
3.7.5 The City Manager may, in his/her sole discretion, form a committee or
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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.
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
Contract No. 24-044-01
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(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
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
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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 “C”
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
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
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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
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).
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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 $XXXXXX, as more fully delineated in
Schedule B hereto. The City has set a reimbursable allowance in an amount no to exceed
$XXXXX, for a total Contract Value of $XXXXX (Base bid of $XXXXX plus Contingency of
$XXXXX).
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 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: The initial hourly rates set forth in Schedule C shall remain constant for
the Initial Term of the agreement. Cost adjustments should be limited to changes in the
applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of
price increases. The Consultant's adjustment request must substantiate the requested increase.
The City of Miami Beach, through its city manager, reserves the right to approve a requested
adjustment or may terminate the agreement and readvertise for bids for the goods or services.
7.6 No retainage shall be made from the Consultant’s compensation on account of sums
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withheld by the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the City 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. Invoices shall be submitted to the City at the following address:
Accounts Payable: payables@miamibeachfl.gov
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
advance and in writing, In addition, the Consultant shall not disclose, release, or make available
any document to any third party without prior written approval from the City Manager. The
Consultant shall warrant to the City that it has been granted a license to use and reproduce any
standard details and designs owned by a third party and used or reproduced by the Consultant
in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any
document from Chapter 119, Florida Statutes.
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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.
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.
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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 Contractor 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 Contractor
be exempt from this Statute, the Contractor and each employee shall hold the City
harmless from any injury incurred during performance of the Contract. The exempt
contractor shall also submit (i) a written statement 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.
Contract No. 24-044-01
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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 $2,000,000.
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 c/o 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+ 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.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-miamibeach@riskworks.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.
Contract No. 24-044-01
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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.
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
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 Project Administrator. 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.
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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:
Public Works Department
City of Miami Beach
Attn: Cristina Ortega Castineiras, PE, ENV SP
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Cristina Ortega
Email: cristinaortega@miamibeachfl.gov
With a copy to:
City Manager’s Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter
Email: ericcarpenter@miamibeachfl.gov
All written notices given to the Consultant from the City shall be addressed to:
CES Consultants, Inc.
Att: Juan Alfonso, AIA, NCARB, CCM, President
3150 SW 38th Avenue, Suite 450
Miami Beach FL, 33146
Ph: 305-827-2220
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Email: cesinfo@cesconsult.com
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
ARTICLE 16. CONSULTANT’S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
16.1 Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
16.2 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.
16.3 Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition
of “Consultant” 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
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.
16.4 REQUEST FOR RECORDS; NONCOMPLIANCE.
16.4.1 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.
16.4.2 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
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in equity.
16.4.3 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.
16.5 CIVIL ACTION.
16.5.1 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.
16.5.2 A notice complies with subparagraph (16.5.1)(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.
16.5.3 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.
16.6 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@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
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
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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.
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
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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. MISCELLANEOUS PROVISIONS
18.1 VENUE AND WAIVER OF JURY TRIAL: 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.
18.2 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.
18.3 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 Consultant,
supplier, subconsultant, 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
18.4 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
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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.
18.5 LAWS AND REGULATIONS:
18.5.1 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.
18.5.2 Project Documents. In accordance with Section 119.071 (3) (b)(2), Florida
Statutes, entitled “General exemptions from inspecting or copying public
records,” 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 Consultant 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.
18.5.2.1 In addition to the requirements in this subsection 18.5.2, 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.
18.5.2.4 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.
18.5.3 E-Verify
18.5.3.1 Consultant shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" (“E-Verify Statute”), as may be amended from
time to time. Pursuant to the E-Verify Statute, commencing on
January 1, 2021, Consultant shall register with and use the E-Verify
system to verify the work authorization status of all newly hired
employees during the Term of the Agreement. Additionally,
Consultant shall expressly require any subconsultant performing work
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or providing services pursuant to the Agreement to likewise utilize the
U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant
during the contract Term. If Consultant enters into a contract with an
approved subconsultant, the subconsultant must provide the
Consultant with an affidavit stating that the subconsultant does not
employ, contract with, or subcontract with an unauthorized alien.
Consultant shall maintain a copy of such affidavit for the duration of
the Agreement or such other extended period as may be required
under this Agreement.
18.5.3.2 TERMINATION RIGHTS.
18.5.3.2.1 If the City has a good faith belief that Consultant has
knowingly violated Section 448.09(1), Florida Statutes, the City shall
terminate this Agreement with Consultant for cause, and the City shall
thereafter have or owe no further obligation or liability to Consultant.
18.5.3.2.2 If the City has a good faith belief that a subconsultant
has knowingly violated the foregoing Subsection 18.5.3.1 but the
Consultant otherwise complied with such subsection, the City will
promptly notify the Consultant and order the Consultant to
immediately terminate the Agreement with the subconsultant.
Consultant’s failure to terminate a subconsultant shall be an event of
default under this Agreement, entitling City to terminate the
Consultant’s contract for cause.
18.5.3.2.3 A contract terminated under the foregoing Subsection
18.5.3.2.1 or 18.5.3.2.2 is not in breach of contract and may not be
considered as such.
18.5.3.2.4 The City or Consultant or a subconsultant may file an
action with the Circuit or County Court to challenge a termination
underthe foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 no later than
20 calendar days after the date on which the contract was
terminated.
18.5.3.2.5 If the City terminates the Agreement with Consultant under
the foregoing Subsection 18.5.3.2.1 Consultant may not be awarded a
public contract for at least 1 year after the date of termination of this
Agreement.
18.5.3.2.6 Consultant is liable for any additional costs incurred by the
City as a result of the termination of this Agreement under this Section
18.5.3.
18.6 FORCE MAJEURE:
18.6.1 A “Force Majeure” event is an event that (i) in fact causes a delay in the
performance of the Consultant or the City’s obligations under the Agreement, and (ii) is
beyond the reasonable control of such party unable to perform the obligation, and (iii) is
not due to an intentional act, error, omission, or negligence of such party, and (iv) could
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not have reasonably been foreseen and prepared for by such party at any time prior to
the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
18.6.2 If the City or Consultant’s performance of its contractual obligations is prevented
or delayed by an event believed by to be Force Majeure, such party shall immediately
upon learning of the occurrence of the event or of the commencement of any such delay,
but in no case within fifteen (15) business days thereof, provide notice of (i) of the
occurrence of event of Force Majeure, (ii) of the nature of the event and the cause
thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of
the delay, and (v) of what course of action such party plans to take in order to mitigate
the detrimental effects of the event. The timely delivery of the notice of the occurrence of
a Force Majeure event is a condition precedent to allowance of any relief pursuant to this
section; however, receipt of such notice shall not constitute acceptance that the event
claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
18.6.3 No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
18.6.4 Obligations pursuant to the Agreement that arose before the occurrence of a
Force Majeure event causing the suspension of performance shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations and
liabilities which matured prior to the occurrence of a Force Majeure event shall not be
subject to the Force Majeure provisions.
18.6.5 Notwithstanding any other provision to the contrary herein, in the event of a
Force Majeure occurrence, the City may, at the sole discretion of the City Manager,
suspend the City’s payment obligations under the Agreement, and may take such action
without regard to the notice requirements herein. Additionally, in the event that an event
of Force Majeure delays a party’s performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to this Section, Consultant shall be
paid for any Services satisfactorily performed up to the date of termination; following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure
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extend this Agreement beyond its stated term. Any time extension shall be subject to
mutual agreement and shall not be cause for any claim by the Consultant for extra
compensation, unless Additional Services are required and approved pursuant to Article
5 hereof.
18.7 CORRECTIONS TO CONTRACT DOCUMENTS: If applicable to the performance of
Consultant’s Services, the Consultant shall prepare, without 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.
18.8 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.
18.9 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.
18.10 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.
18.11 INTENT OF AGREEMENT:
18.11.1 The intent of the Agreement is for the Consultant to provide all necessary items
for the proper completion of the Services. The Consultant shall perform, as Basic
Services, such incidental work which may not be specifically referenced, as necessary to
complete the Project.
18.11.2 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.
18.11.3 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.
18.11.4 This document incorporates and includes all prior negotiations,
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correspondence, conversations, agreements, or understandings applicable to the
matters contained herein; and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of
equal dignity herewith.
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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:
Rafael E. Granado, City Clerk Eric Carpenter, City Manager
Date. Date.
CONSULTTANT:
CES CONSULTANTS, INC.
Signature/President
Print Name
Date.
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SCHEDULE A SCOPE OF SERVICES
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SCHEDULE A-1
CONSULTANT SERVICE ORDER (CSO)
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SCHEDULE A-1
CONSULTANT COMPENSATION
Schedule of Payments
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): $
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SCHEDULE B
CONSULTANT COMPENSATION SCHEDULE
(TASKS & FEES)
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SCHEDULE C HOURLY BILLING SCHEDULE
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SCHEDULE D CONSTRUCTION COST BUDGET
$XXXXXXX
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SCHEDULE E PROJECT SCHEDULE (TIMELINE)