95-21648 Reso RESOLUTION No. 9 5-216 4 8
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH BERMELLO,AJAMIL& PARTNERS, INC.,
IN THE AMOUNT OF $417,000, FOR PROFESSIONAL ARCHITECTURAL
SERVICES AND OTHER RELATED PROFESSIONAL SERVICES,AS REQUIRED
FOR THE MASTER PLANNING OF MISCELLANEOUS IMPROVEMENTS AT
VARIOUS PARKS AND RECREATION BOND PROGRAM SITES.
WHEREAS,the City of Miami Beach issued a Request for Letters of Interest(RFLI No. 62-94/96)
on March 3, 1995 seeking professional services for Master Planning of Miscellaneous Improvements
at Various Parks and Recreation Bond Program Sites; and
WHEREAS, Bermello, Ajamil & Partners, Inc. submitted a proposal in response to the City's
Request for Letters of Interest; and
WHEREAS,a ten(10) member selection committee comprised of residents, related professionals
and City staff interviewed five (5) firms on May 8, 1995 and unanimously selected Bermello,
Ajamil and Partners, Inc. as the recommended firm for the Parks Master Planning Project; and
WHEREAS, funds for the Agreement are included in the $15 million Parks General Obligation
Bond program.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk are authorized to execute the attached Agreement with Bermello, Ajamil & Partners, Inc., in
the amount of$417,000,for professional architectural services and other related services,as required
for the Master Planning of Miscellaneous Improveme !at Various Parks and Recreation Bond
Program Sites.
PASSED AND ADOPTED this 12th day of J 1995. /
AN
6
MAYOR
ATTEST: •
FORM APPROVED
ITY CL LEGAL DEPT.
By
Date 1 - �°=S'_ .
Miami Beach Master Planning for Various Parks Improvements
Fee Schedule
TASK FEE
Programming:
B&A/C&R $61,440
Survey $84,985
Signage $2,500
MEP $5,000
Expenses $700
Total Programming: $154,625 37%
Design Concepts:
B&A/C&R $66,280
Survey $0
Signage $2,500
MEP $5,000
Expenses $700
Total Design Concepts: $74,480 18%
Development Plan
B&A/C&R $66,900
Survey $0
Signage $2,500
MEP $5,000
Expenses $700
Illustrative Vignettes $10,000
Total Development Plan: $85,100 20%
Design Guidelines
B&A/ C&R $61,225
Survey $0
Signage $2,500
MEP $5,000
Expenses $700
Total Design Guidelines: $69,425 17%
Phasing
B&A/ C&R $32,670
Survey $0
Signage $0
MEP $0
Expenses $700
Total Phasing: $33,370 8%
TOTAL $417,000 100%
Exhibit "A"
B&A °unese•o. .
Sorrnalb.Ajamil&Partners.Inc. 2601 South Bayshore Drive.10th Floor,Mlaml.FL 33133 (305)650-2050 Fax(305)060-9638
MEMORANDUM
via fax
TO: Kevin Smith, Parks Director :-
City of Miami Beach
FROM: Willy A. BermeBo
DATE: July 7, 1995
RE: City of Miami Beach, Master Planning for Various Parks
and Recreation Facilities
As a follow-up to our conversation yesterday afternoon, I am pleased to enclose our final fee
breakdown. Please note that the breakdown between the various components are as follows:
Total labor dollars for master plutning, architecture and landscape architectural
services (B&A Curtis & Rogers) $288,515
Direct expenses (printing & other) $3,500
Rendering allowance (up to 10 rendering vignettes) $10,000
Signage & graphics (Bugdal or B&A) $10,000
MEP (HNGS) $20,000
Surveying (Post Buckley Schuh&Jernigan) S84.985
Grand Total $417,000
If you have any comments or questions concerning the above or the attached breakdown, please
call me immediately.
END OF MEMORANDUM
WAB:mk
cc: Fernando Alonso, B&A
Rob Curtis, B&A
Cnumo Z1aD1199S oxno1.MN
Willy A. Bennollo,AlA AICA Mtccau
Lute A)amll.P.E. Es00°6�D'
Nelson C.Martinet.NA «'
Agustin J. Barters
Samara N.Horovitz.AIA
Bonnie S. Muxo,ASID
Exhibit A
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RU NO:
PRINT OUT DATEfTIME: 07/07/95
PROJ
TASK DESCRIPTION PRINC ARCH/LA PLANNER ENGIN ARCH/LA TECH CLERICAL
PROGRAMMING
1 Establish Assessment Crtterta
a Devabp Criteria 10 6 6 6 4
b City Staff Meeting 2 4 2 4 4
2 Site&Facility Survey
a Obtain Existing Conditions 4 16 16 16 20
b Review Items 2 10 10 40 60 20
c Conduct Field Vida 6 40 40 40 40 20
d Graphic Illustrations 2 20 20 20 60 60 12
3 User Needs Assessment
a Coordinate with City 4 8
b Pacilitste Meetings 10 40 40 0 0 40
c Review Findings 4 8 8 8 8
4 Des19n Concepts
a Building Programming 8 40 40 10 40 40 8
b Concept Plan 12 80 80 40 60 100 10
c Praliminary Coat Estimates 2 40 6 40 40 40 10
5 Community Prssarttrtions 20 40 40 0 0 40
DEVELOPMENT PLAN
1 Ste Plans 8 40 20 20 160 200
2 Bullding Schematics 10 60 10 20 160 160
3 Cost Estlmataa 2 20 20 20 20 60 10
DEVELOPMENT GUIDEUNEB
1 Buildings 3 40 6 12 60 60 16
2 Lighting 2 8 8 20 20 12
3 Fumishings 3 40 4 4 40 40 12
4 Playground 2 40 4 4 40 40 12
5 FleldafCoutts 3 30 8 8 40 40 12
6 Signage 2 20 6 12 10 12
7 Parting 10 10 8 40 20 8 12
PHASING&SCHEDULING
1 Development Packages 4 40 20 40 60 80 16
2 Project Schsduis 4 40 20 60 60 30 16
TOTAL HOURS 137 726 448 484 1082 1118 170
$/HOUR $175 $8S $78 Se8 Sas $85 $35
SUS-TOTAL LABOR DOLLARS 523,97E $61,710 $33,600 $31,460 370,330 $51,420 $5,950
TOTAL LABOR DOLLARS S285,515
DIRECT EXPENSE
PRINTING r 52.500
OTHER $1,000
SUB-TOTAL $3,500
TOTAL 1282,01a
ALLOWANCE FOR OTHER CONSULTANTS
RENDERING $10.000(10 x$1000 for vignettes)
NONAGE 510.000 BSA or Bugdal
MEP S20.000 HNGS
SURVEY $84,985 PBSJ/Aerlal Digitized Pius Boundary
.r... GRAND TOTAL 5417,000
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1 APPROACH TO SCOPE OF SERVICES
1
1 INTRODUCTION
1
The approach proposed in this Scope of Services details the steps that we propose be taken to
complete the items presented in the Request for Letters of Interest including: programming;
development plan; development guidelines; and, phasing and scheduling. A community meeting
facilitation program is included to strengthen the key findings at certain stages of the process, and
to provide for a more successful implementation of the Master Plan.
PHASE I - PROGRAMMING
Field visit to the facilities outlined in the Request for Letters of Interest revealed that the parks
vary in function and area served. Determining the programmatic needs for each facility requires
$ definition of existing and future demographic user groups. The smaller neighborhood parks appear
to provide recreational needs for the population in the immediate vicinity of the facility. The
larger community parks are recreational settings for a larger perhaps more diverse population.
The bicycle path serves a citywide amenity for a diverse user group.
The tasks and the steps to be taken to complete the programming portion of the project are
11 discussed below.
•
$ Task 1 - Establish criteria for assessment of users and facilities
The condition of elements within the facilities vary. Some buildings, courts and fields
! are in better shape than others. Establishing criteria for assessment will aid in the
1 relative comparison of each facility and in establishing priorities for improvements.
• Criteria for assessment of buildings might include: building condition, appropriateness
• of materials, functionality, compliance with existing codes, and ADA requirements.
• Criteria for park areas might include: condition of elements, use of existing site
• resources, appropriateness of plant material, ease of maintenance, ease of supervision,
circulation and safety considerations. Criteria for bike path might include right-of-way
• width, surfacing, continuity of travel and safety.
1
Steps in Task:
1. Consultant team will develop preliminary criteria for review by city staff.
•
P 2. City staff and consultant team meeting to discuss and refine criteria.
•
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3. Finalize criteria.
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) Task 2 - Site and Facility Survey •
In this task the team will visit each of the sites and, utilizing the assessment criteria
established in Task 1, assemble existing information about each park and its components.
Steps in Task:
1. The consultant team will meet with appropriate City staff to obtain existing site
and boundary surveys, as-built drawings.
)
2. Review items obtained in Step 1., above, and determine additional base
information needs.
3. Conduct field visits to each site to verify, correct or add base information.
Elements to be surveyed include but are not limited to the following:
)
Natural elements - land, water, plants
Major structures - buildings, pools
• Use areas - courts, fields, playgrounds, totlots, walks, parking lots •
• • Minor structures - fences, drinking fountains, play equipment
• Utilities and services - electrical, drainage, potable water, etc.
• Furnishings - benches, trash receptacles, etc
• Signage
4. Graphically illustrate and document existing base information
)
0
Task 3 - User Needs Assessment
)
This task will be completed simultaneously with Task 2., above. In order to accomplish this task
in a effective manner, more than one park will be discussed in each meeting. The parks will be
grouped by geographic area and population served. Initial analysis indicates that each of the three
planning areas - north, central and south - could be subdivided into functional areas resulting in
) at least six park planning sub-areas.
The meetings will be facilitated to secure the proactive involvement of participants; to develop,
coordinate, and disseminate information; create the conditions necessary to elicit the concerns of
all participants; and, define and prioritize goals and issues.
)
Steps in Task:
1. The consultant will coordinate with City staff to schedule the time and place of
the meeting. City staff will notice the meeting.
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) 2. The consultant will facilitate the meeting and record findings.
) 3. The team will meet with City staff to review the findings of Step 2., above.
1
Task 4 - Alternative Design Concepts
)
The findings of the user needs assessment, review of agency regulations and policies and
goals of the City will be compiled with physical site conditions survey to develop
opportunities and constraints for each site.
Several alternative concepts for each site will be explored and presented to determine the
best use for each park program. Items such as function, circulation, flexibility and cost
are some factors that will be considered to determine the best and most appropriate
solution. Advantages and disadvantages of each concept and its relationship to other
concepts will be discussed. The preferred alternative for each site will be further refined
) in next phase of the project, "Development Plan".
I
! Steps in Task:
9 1. Develop concept plans addressing land uses and layout of desired program
• elements and relationships.
2. Develop building programming including new buildings, renovations and/or
additions.
• •
3. Develop preliminary cost estimates.
4. Review alternative concept plans, building program and preliminary order of
•
magnitude cost estimates with City staff.
• • 5. Preliminary development of preferred concept plans and review plans with City
t staff.
1
! Task 5 - Facilitated Community Meetings
The consultant will facilitate a community meetings designed to present the alternative
concept plans and engage the participants in a discussion of the advantages and
disadvantages of each concept. The preliminary preferred concept plan may also be
discussed. At the discretion of the City, the consultant will present alternative concept
plans to the City Commission.
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PHASE HA - DEVELOPMENT PLAN
The preferred alternative plan will refined in this phase. The alternative plan will be fitted into
the overall recreation plan for the City and a comprehensive overview of recreational elements
outlined in the Programming Phase will be developed. This phase will occur simultaneously with
) Phase IIB - Development Guidelines.
! Task 1 - Site Plans
)
Prepare specific site development plans addressing the desired program elements and
! related components such as lighting, signage, furnishings, landscaping.
Task 2 - Building Schematics
Develop conceptual building plans, addressing spatial relationships, overall character,
materials and finishes.
Task 3 - Cost Estimates
Prepare cost estimates for the development of each facility.
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PHASE IIB - DEVELOPMENT GUIDELINES
•
This phase will occur simultaneously with Development Plan phase, above. The purpose of this;
phase will be to provide guidance in the design and implementation of site components for each
p park and for the bikepath. The intent will be to provide unity and order throughout the City while
allowing for design creativity and innovation.
1
It should be noted that design guidelines should be specific enough to assure basic harmony and
coordination of the elements yet flexible enough to promote variety and visual interest. In
preparing the guidelines it will be very important not to restrict design creativity but to direct it
in such a way as to create overall continuity.
The purpose of the guidelines will be twofold: (1) to serve as design criteria for designers under
contract to prepare design plans for new or renovated facilities, (2) to serve as evaluation criteria
for staff overseeing the designs. A checklist will be prepared and included in the final document
to be used for reviewing the design of each of the park components.
P
A preliminary outline of suggested objectives and design considerations for the various
recreational components guidelines is included below.
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Building Guidelines
•
The major objectives of the guidelines for the buildings may include the following:
1
1 • Ensure good site planning which incorporates existing facilities and uses while
1 accommodating future recreational components;
• Encourage excellence in design incorporating the use of the latest materials and technology
to depict permanence and strength;
1
) • Utilize passive solar designs responsive to the south Florida climate;
• Maintain flexibility to accommodate changing needs as well as expand in an orderly
manner;
•
Provide ease of maintenance of all the recreational components; and,
• Ensure cost effective construction and maintenance.
The guidelines will cover major design consideration including but not limited to adjacent land
uses, architectural style and character, structure, materials, entrances, service areas, circulation,
security, expansion capabilities, roofs, windows,, finishes, energy efficiency, mechanical
equipment, specifications, etc.
•
$ Landscape and Irrigation Guidelines
The existing trees within the parks are important amenities and key elements in the establishment
of an overall planting plan. Implementing new planting schemes should consider the objectives
as follows:
• • Preserve and enhance existing trees
•
• • Utilize plant material indigenous to South Florida and requiring minimal maintenance.
•
• • Plant material will be used to define spaces, provide shade and screen uses where
• appropriate.
•
• • Where possible use plant material to reduce energy requirements.
•
• Utilize new developments in technology to provide water efficient irrigation systems.
Equipment to likely to be considered would be water/wind sensors, rain switches, and
drip irrigation systems.
•
• - Utilize xeriscape concepts for planting and irrigation.
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) A list of plant material which may be utilized for planting designs will be included in the
1 landscape guidelines. It will include a variety of trees, palms, shrubs, groundcover and
1 turfgrasses that are either indigenous or have acclimated to the area. In addition, detailed
1 guidelines for planting and irrigation procedures and specifications will be included in the
guidelines.
Playground Guidelines
) Playground design guidelines will establish general layout of play components. The type and
variety of play components will be based on an analysis of the users - age and interest. The
specifications for the equipment will take into consideration aspects such as safety, durability, ease
of maintenance and long term cost benefit. The overall playground designs will provide barrier
free access for handicap users. •
Field and Court Guidelines
The guidelines will establish the parameters for the design and construction, and renovation of
fields and courts. Consideration will be given to develop a system of fields and courts serving
multi-purpose uses. The layout, materials, grading and equipment standards will be included in
the guidelines.
1
Signage Guidelines
•
The signage design guidelines will establish a concept and theme for the total design of a signage- _
j system. It is important that the system first be designed as a whole and then implemented as
needed or as funding becomes available. After the system is designed there will be no need for
each firm to redesign a set of graphics for each facility.
)
) The overall objective is create a clear concise, well designed signage system. In addition, other
) objectives to be considered are:
• Signage hierarchy which means that as one moves closer to a destination, the scale of the
signage will become progressively smaller and the level of information more detailed.
• The system should be flexible so that it can be phased and altered as new signs are
) required.
• Materials should be strong and require minimum maintenance.
• The signage style chosen should enhance the image and create an identity for the facility.
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Lighting Guidelines
l
The primary function of lighting is to provide nighttime orientation, safety and security.
1 Therefore, careful consideration must be given not only to technically efficient but also to visually
acceptable standards and fixtures.
Lighting systems should be orderly and logical with consistent use of fixtures posts and
mounting techniques.
• Fixtures should be durable to withstand wear and tear, vandalism and the elements.
Site Furnishing Guidelines
Most important in resolving problems related to site furnishing is proper placement. Placement
) of furnishing should be carefully thought out so they are located according to need and function
with other elements. Site furniture should be designed and placed to be responsive to the South
) Florida climate and specific characteristics of the site. Furnishings selected should require low
) maintenance and provide barrier free design for handicapped access.
Bikeway Guidelines •
Bikeways should be sited according to need and in pleasant environments. The bikeway should
be planned to connect major use areas. Elements to consider for bikepath designs would include
surface materials and widths. - •
Utility Guidelines
)
) Utility systems should be consolidated into a few well planned corridors. Transformers should
) be screened with walls or plantings.
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PHASE III - PHASING & SCHEDULING
This section will list the projects (descriptions and preliminary cost estimates) required to
implement the improvement programs at the parks and recreation sites. Projects will be listed
in order of priority for each site. The analysis developed in Phase I - Programming will serve
) as a basis for establishing these priorities.
) It is important to note that project descriptions and costs will be based upon general guidelines and
not specific plans. Therefore the descriptions and costs should be revised at the time specific
plans are produced. The costs will be established as order of magnitude only. Large projects may
1 "
also be phased so that they can be implemented over time. However, if projects are phased they
should be designed in total to assure a coordinated effort.
Task 1 - Development Packages
Prepare implementation packages
, grouping elements for subsequential development,
while coordinating with City regarding financial and time constraints.
Task 2 - Scheduling
•
Prepare timeline schedule including design and construction schedules.
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RR A
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAtvil BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
(oS'9S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION OF r MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH,FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH BERMELLO,AJAMIL&PARTNERS,INC.,IN THE AMOUNT OF
$417,000,FOR PROFESSIONAL ARCHITECTURAL SERVICES AND OTHER RELATED
PROFESSIONAL SERVICES, AS REQUIRED FOR THE MASTER PLANNING OF
MISCELLANEOUS IMPROVEMENTS AT VARIOUS PARKS AND RECREATION BOND
PROGRAM SITES.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the Mayor and the City Commission approve the attached resolution
authorizing the Mayor and the City Clerk to execute the attached agreement with Bermello,Ajamil&Partners,Inc.,
in the amount of S417,000,for professional architectural services and other related professional services,as required
for the Master Planning of Miscellaneous Improvements at Various Parks and Recreation Bond Program Sites.
BACKGROUND:
The City of Miami Beach issued RFLI No. 62-94/96 seeking professional services for the Master Planning of
Miscellaneous Improvements at Various Sites included in the City of Miami Beach Parks and Recreation Bond program.
It is the intent of the Master Plan to provide a comprehensive overview and specific guidelines in implementing
subsequent design and construction phases. The Master Plan shall include,but will not necessarily be limited to the
following components:Programming,Schematics,Standards,Phasing and Scheduling and Community Meetings.
The completed and approved Master Plan shall detail not only the proposed improvements at each site, but also
standards for construction and equipment,phasing,project groupings and scheduling for implementation of subsequent
architectural and development activities,as well as all usual and customary features contained in a parks and recreation
master plan.
A notice of Request for Letters of Interest(RFLI)was issued to 101 architectural firms on March 3, 1995. As a result,
39 specifications were mailed,resulting in five(5)responses at the bid opening of March 30, 1995.
Responses were received from the following firms: Architectural Design Collaborative, Inc./The SWA Group;
Bermello, Ajamil&Partners,Inc.;Design Studios West;The Smith Korach Hayet Haynie Partnership,and Wallace
Roberts&Todd.
Continued...
AGENDA ITEM R .r7- (-
DATE 7-( Z 06
•
COMMISSION MEMORANDUM No.
Page Two
All five firms were invited for an oral presentation on May 8, 1995 before the selection committee which ultimately
selected Bermello,Ajamil&Partners,Inc.as the recommended firm.
On May 17, 1995 the City Commission authorized the Administration to enter into negotiations for award of contract
with Bermello,Ajamil&Partners,Inc.
ANALYSIS:
Negotiations were conducted with Bermello,Ajamil&Partners, Inc. The original estimate submitted by Bermello,
Ajamil&Partners,Inc.in their response to the RFLI requested a total fee of$523,045 for direct expenses and additional
allowances for other required consultants. This total of$523,045 represents approximately 3.4%of the$15 million
budget. Through diligent negotiations the Administration and Bermello, Ajamil & Partners, Inc. reduced the total
project contract to$417,000,an overall reduction of$111,045. The agreed upon contract amount represents 2.8%of
$15 million bond program. The total contract will not exceed$417,000 without obtaining additional authority from the
City Commission.
CONCLUSION:
The City Administration recommends the Mayor and City Commission authorize the Mayor and City Clerk to execute
the attached agreement with Bermello,Ajamil&Partners,Inc.,in the amount of$417,000,for professional architectural
services and other related professional services,as required for the Master Planning of Miscellaneous Improvements
at Various Parks and Recreation Bond Program Sites.
KS/ls
Attachment
C:\...\COMMISION.MEM\BERMELLO.AGR
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND BERMELLO, AJAMIL & PARTNERS, INC.
FOR PROFESSIONAL SERVICES FOR MASTER PLANNING
OF MISCELLANEOUS IMPROVEMENTS AT VARIOUS
PARKS AND RECREATION BOND PROGRAM SITES
THIS AGREEMENT made this 23rd day of August , 1995 by and between
the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and BERMELLO, AJAMIL & PARTNERS, INC. •
(Consultant).
SECTION 1
DEFINITIONS
Agreement: This written Agreement between the City and the Consultant.
City Manager: "City Manager" means the Chief Administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete as provided in Section 2 of this
Agreement.
Fixed Fee: Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project
Coordinator: An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Scope of Work and Services.
Proposal
Documents: Proposal Documents shall mean the a) Request for Letters of Interest
No. 62-94/96 (RFLI No. 62-94/96) for Professional Services for Master
Planning of Miscellaneous Improvements at Various Parks & Recreation
Bond Program Sites, issued by the City, in contemplation of this
Agreement, together with all amendments, and b) the Consultant's
proposal and response (Proposal) which is incorporated by reference in
this Agreement and made a part hereof.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
-2-
Services: All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination: Termination of Consultant Services as provided in Section 4.9 of this
Agreement.
Task: A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work for this project to be performed by the Consultant is set forth in Exhibit
"A," entitled "Scope of Services". (Services)
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services performed herein on a fixed fee basis
not to exceed Four Hundred Seventeen Thousand and 00/100 Dollars ($417,000), for
providing the Services as set forth in Exhibit "A" hereto.
-3-
3.2 METHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices or other
submissions by the Consultant which detail or represent the completion of those phases of the
Project, as set forth in Exhibit "A".
Specific milestones shall include the submission of an invoice documenting the
completion of the proportion of the Services performed in each phase of the Project. All
submissions shall contain a statement that the items set forth therein are true and correct and
in accordance with the Agreement. Payments shall be made within 30 days of submission of
the invoice or report to the City.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services,
the Consultant shall comply with all applicable laws and ordinances, including but not limited
to applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
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4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
4.4 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of six (6) months from the date of this
Agreement. Provided, however, that as to any Additional Services requested by the City,
within such six (6) month period, such services may be completed beyond such six (6) month
period, and as mutually agreed to in writing by the parties, prior to their
commencement.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a
written Notice to Proceed from the City subsequent to the execution of this Agreement, and
Consultant shall adhere to the completion schedule as referenced by Exhibit "B" hereto.
A reasonable extension of time shall be granted in the event the work of the Consultant
is delayed or prevented by the City or by any circumstances beyond the reasonable control
of the Consultant, including weather conditions or acts of God which render performance of
the Consultant's duties impracticable.
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4.6 . NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with the work only
upon issuance of a Notice to Proceed by the City.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse shall be approved by the City.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct
of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting
under Consultant's control, in connection with the Consultant's performance of the Services
pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgements which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys fees expended by the City
in the defense of such claims and losses, including appeals. The parties agree that one percent
(1 %) of the total Compensation to the Consultant for performance of this Agreement is the
specific consideration from the City to the Consultant for the Consultant's Indemnity
Agreement.
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The Consultant's obligation under this article shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of this project the following
insurance:
1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the
Consultant's (and any sub-consultants') Insurance Policy must be filed and approved
by the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to Florida statute.
3. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and his
insurance company.
4. The insurance must be furnished by insurance companies authorized to do business
in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These certificates will
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be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
6. The Consultant is responsible for obtaining and submitting all insurance certificates for
their consultants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B+" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement, and the City
shall have the right to obtain from the Consultant specimen copies of the insurance policies
in the event that submitted certificates of insurance are inadequate to ascertain compliance
with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates
of insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
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4.10 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall so advise
the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any
rights to remedies available to the City under any other Section of this Agreement.
4.11 TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven days notice to Consultant, may
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and
its subcontractors shall be properly delivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services performed by the Consultant prior to
Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set off
until such time as the exact amount of damages due the City from the Consultant is
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determined.
4.11.2 Termination for Convenience of City
The City may, for its convenience, terminate the Services then remaining to be
performed at any time by giving written notice to Consultant of such termination, which shall
become effective seven (7) days following receipt by Consultant of the written termination
notice. In that event, all finished or unfinished documents and other materials as described
in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City
as provided in this Section, the City shall compensate the Consultant for all Services actually
performed by the Consultant and reasonable direct costs of Consultant for assembling and
delivering to City all documents. Such payments shall be the total extent of the City's liability
to the Consultant upon a Termination as provided for in this Section.
4.11.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.10.2.
4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services, in whole or in part. In the event the City cancels or
terminates the Services pursuant to this Section the rights and obligations of the parties shall
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be the same as provided in Section 4.11.2.
4.11.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
4.12 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this
Agreement.
4.13 SUB-CONSULTANTS
The City hereby consents to and approves the subcontracting of certain services to be
performed by Consultant to, as set forth in Exhibit "A."
The Consultant shall be liable for the Consultant's services, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of sub-
consultants, and any other person or entity acting under the direction or control of the
Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to
include any sub-consultants and any other person or entity acting under the direction or
control of Consultant.
4.14 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
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religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
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No reports, other documents, articles or devices produced in whole or in part under
this Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: Bermello, Ajamil & Partners, Inc.
Attn: Willy Bermello
2601 South Bayshore Drive, 10th Floor
Miami, Florida 33133
(305) 859-2050
TO CITY: Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
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WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.18 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement,
shall be initiated in the court system of the State of Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or
written with reference to the subject matter hereof that are not merged herein and superseded
hereby. The Scope of Services are hereby incorporated by reference into this Agreement to
the extent that the terms and conditions contained in the Scope of Services are consistent with
the Agreement. To the extent that any term in the Scope of Services is inconsistent with this
Agreement, this Agreement shall prevail.
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No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of$417,000. Consultant hereby expresses its willingness to enter into this Agreement
with Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $417,000 less the amount of all funds actually paid by the
City to Consultant pursuant to this agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $417,000 which amount shall be reduced by the amount actually paid
by the City to Consultant pursuant to this agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
the City by this Agreement. Nothing contained in this paragraph 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.
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4.21 ARBITRATION
Any controversy or claim for money damages arising out of or relating to this
Agreement, or the breach hereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, and the arbitration
award shall be final and binding upon the parties hereto and subject to no appeal, and shall
deal with the question of the costs of arbitration and all matters related thereto. In that regard,
the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon
the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon
the award rendered may be entered into any court having jurisdiction, or application may be
made to such court for an order of enforcement. Any controversy or claim other than a
controversy or claim for money damages arising out of or relating to this Agreement, or the
breach hereof, including any controversy or claim relating to the right to specific performance
shall be settled by litigation and not arbitration.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
/
By: By:
City er or
FOR CONSULTANT: BERMELLO, AJAMIL & PARTNERS, INC.
ATTEST:
Y: 1,1) ,
Secretary President
Corporate Seal
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