C2A - Altos Del Mar RFQ 2015-106-YGAPPENDIX F
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Altos del Mor Pork Moster
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RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering Design
Services for the AItos del Mor Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
RFQ 20I5 OI6YG Agenda ltem
Date
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@ Benches (33) with LitterReceptacle (17)
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The City of Miami Beach (City) setected AECOM to provide professiona[ services to develop a Master
Ptan for Attos De[ Mar Park. Altos DeI Mar Park located on Cottins Avenue between 76th and 77th
Street is one of the last undevetoped beach front parcets with in the City of Miami Beach. The
undevetoped 2.5 acre park currentty offers a wide variety of passive pubtic space and open space
uses located atong 76th Street. Atong the southern edge of the park there is a Miami-Dade County
Pubtic Library and a municipal surface parking area. The park atso offers an undefined pedestrian
connection to the beachwatk and beach. The principte design goatfor Attos De[ Mar Park is to provide
for passive and accessibte recreational needs of area residents through a neighborhood master plan
development involving a process that inctuded the assistance and input of community residents and
the approva[ of City's key stakeholders. A preferred atternative for Altos Del Mar Park was setected
involving the community residents and the City's key stakehotders that wit[ aim to provide for the
needs of area residents.
K*y Frcfcrred Ait*vn*tive psrk *{**'s*nt isxprnvem*nts f*r <os $e{ *,t*r F*vk $vrctuS*s:. Vehicutar and Pedestrian Circulation. Define pedestrian entry points. Widen perimeter sidewatks and introduce crosswatks at key intersections. Vacate 76th Street Right of Way for pedestrian use. lntroduce a network of internaI mutti-use watkways. Reconfigured municipal parking and entry points. Appty crime prevention through environmental design (CPTED) practices
. Mutti-Purpose Entry Ptaza. Proposed a 2,600 square feet two [eve[ multi-purpose beach observation facitity. Located on the southeast corner within the City's municipatsurface parking
. To contain storage, mechanica[ room, and accessibte restrooms and second [eve[
observation area. Architectural styte of the Biscayne Bay House of Refuge circa 1921. Outdoor showers. lnteractive water feature (36'-0" diameter). Shaded sitting areas. Recreation. Beach side botanical garden experience with interpretive signage. Proposed bocce court. lnctusive ptayground equipment and swings on poured-in-place safety surface. Potentia[ for two sand votteybat[ courts. Center lawn ptatform with water views. Art in public ptaces opportunities. Furnishings. Park and pedestrian tighting. Park benches and shaded sitting areas with natural stone pavers. Provide chitl.ed water drinking fountains. Litter receptacles. Bike Racks. Landscape. lntroduction of rain gardens as aesthetic enhancements to retention areas. Perimeter native buffer ptanting. Promote the use of indigenous ptant material. Relocated historic coratstone sitting wa[[s. Accentuate viewing corridors. lntroduction of perimeter detineation
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Circutation is often the major driver in planning efforts in setting the f ramework for park etements
and overall design intent. The vehicutar and pedestrian circutation recommendation forAttos De[
Mar Park reflects the need to estabtish an efficient, functionat, and safe circutation system that
can serve both the current and future surrounding community needs. The preferred alternative
recommends estab[ishing a wett-defined hierarchy of accessibte mutti-use walkways with multi-
purpose use and materiats options with wetl defined pedestrian entry points along 77th, 76th and
75th Street, and Cottins Avenue. The ptan introduces pedestrian crosswalks access on Coltins
Avenue for safe connections to adjacent neighborhoods. Atso, the partiatty vacated 76th Street
right-of-way is reconfigured to only attow vehicular access to adjacent municipaI parking area and
promoteapedestrianpromenadetotheBeachwatk. Theparkingareaisreconfiguredfortheentry
ptaza at 75th Street and Ocean Terrace. Att paved surface shou[d utitize sustainabte or "green"
construction principtes utitizing both recycled and recyclable materiats, inctuding pervious pavingto
reduce stormwater runoff. The net result wit[ be an interconnected pubtic space system featuring an
intuitive and visuatly ctear circutation pattern that stream[ines movement, offers varied experiences
for people of a[[ ages and abitities, and minimizes vehicutar conflicts.
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The preferred atternative ittustrates an entry ptaza located on the southeast corner at Ocean
Terrace and 75th Street that provides a mutti-purpose beach observation faci[ity, outdoor showers,
sitting areas, and interactive water feature. Through the master ptanning process, community
residents and the City's key stakehotders expressed the need to provide a multi-purpose facitity
that woutd house storage and accessible restrooms for pubtic use. The discussion atso resutted in
the possibitities of a covered area that woutd attow the residents to view the water from a high point
andintegratedaspartofthemulti-usefacitity. lnaddition,aninteractivewaterfeaturewasadded
as part of the entry ptaza with mechanical equipment located within the mutti-purpose facitity.
At[ proposed amenities are to be futty accessibte and are to have energy-efficient etements that
emptoy sustainabte technique to reduce the impact of devetopment and decrease energy demands
through environmental control strategies. The plan seeks to implement the use of natural tighting,
or daytight, providing adequate ittumination, significantly decreasing the need for supptemental
artificia[ tighting, reducing tighting costs as wettas decreasing residua[ heat given off by electric
tighting. The interior spaces of the facitities shoutd be designed with ftexibitity and durabitity to
accommodate growing and changing community needs. The mutti-purpose facitity shoutd be defined
and recognized as a point of entry to the park and aesthetics and architecturat characteristics
features might incorporate the Biscayne Bay House of Refuge as it appeared circa 1921.
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During the visioning process the ptanning team, community residents and the City's key stakehotders
discussed various ideas for meeting the community's current and future needs inctuding reenergizing
Attos De[ Mar Park. The first step was to estabtish Attos DeI Mar Park as a passive recreation
park. The most active function of the passive recreational component of the park inctudes two
sand vo[teybatl courts and a bocce court with shaded sitting areas for game viewing. The park witt
atso inctude inctusive playground equipment with a modern design styte with vibrant color and on
a poured-in-ptace safety surface. Atso, ptay area includes safe space for swings and other active
accessibte ptay equipment. Through the community efforts, ptayground adjacency to facitity
bathrooms was an essential aspect of placement. The existing tranquitity offered by the park
witt be continued through estabtishing passive recreation area that inctudes the center lawn, and
interpretive signage botanical garden experience. Ftexibte seating shoutd be provided with shade,
through vegetation measures to ensure a tolerabte environment during hot months. Att designated
areas are an essential element in designing outdoor spaces and defining the park's identity as a
passive neighborhood park.
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Attos DeI Mar Park wittcontinue the City's palette of street furnishings as it provides continuity
throughout the City. Amongst the furniture standards, pedestrian tighting locations are identified
throughout the park with a design styte that is in keeping with the architectural styte of the City's
Beachwalk. Simitar to street tighting, pedestrian tighting is criticaIto safety, productivity, and
aestheticsofthepark. Thepedestriantightingshoutdconsiderthemosttraveledpathwaysand
be ptaces at the human scate. Outdoor areas with comfortable light levets are more active and
populated with users. Care shoutd be taken to minimize tight pottution and meet City's adopted
Turtte Nesting Protection Ordinance to minimize impact of artificial tighting on hatchtings and nesting
sea turtles. As a secondary form of transportation, bicycling is an efficient form of transportation
and the park witt inctude bike parking at the entrance of the park for easy access and safety. Sitting
areas witt be atlocated at key areas of the park and shoutd be ptaced in [ocations that witt capture the
natural shade provided by the mature vegetation. The sitting areas wi[[ inctude pedestrian lighting,
park benches, and litter receptacles. Sitting areas witl atso be created of smatl retaining watls and
naturaI stones.
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Landscape has an important ptace in definingspaces and enhancingthefunction of those spaces.
Low-maintenance landscape that is native or adaptabte to the South Ftorida environment may be
ptaced to provide shade to watkways and other park amenities and create a similar experience as
fond at Fairchitd Tropical Botanical Gardens. The landscape is key to the aesthetics of the park
by unifying etements of the natura[ and built environment. Landscape shou[d be incorporated for
separating pedestrian from vehicutar traffic as wetl as creating natural buffers to visualty protect
neighboring residents from park users. Trees and patms shoutd be ptaced to create shaded groves
with punctures of suntight creating visual focal points. ln addition to the protection of existing
ecosystem, stormwater management strategy inadequatety graded can have significant effects on
the park's use. The proposed strategy is to imptement a stormwater treatment sequence consisting
of infittration and bioswates as pretreatment. These areas shoutd be treated as rain gardens and
ptanted with natives or native cultivars with either herbaceous perenniats, woody shrubs or trees. lt
is essential for the longevity and effectiveness of the natural component strategies at Altos De[ Mar
Park that a proper connection to beach dune ptanting is conducted and imptemented.
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Altos Del Mar Park Master Plan Preferred Alternative
Prefeffed AltehativeTakeoffquantities & Opinion of Probable Cosl
May 30, 2014
Summary of Program Elements
Clearing and Grubbing
MROSqPE
city sidewalk (5')
Park sidewalk (8')
Park Sidewalk Uo')
Park Sidewalk {14')
cravel€d walkways (4')
Perimeter Fencing Delineation
Park sitn
Tratric siflate allowance
OoliteStone boulder4' - 5'
New Ston€ Seatwall 18" H8t
Relocated Htstoric Seaeall
Wide Con.rete Steps
SteppingStones
Sand vol eyba I coun
Bike Sack
SculptureStone Plinth
A,ea Lighting
Low Level Bollard/Path LightinC
UpliShting
BNDSAPE
Trees Pa m Feature
Bufier Planting
Beach oune Plantlng
Sod
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EARTHWOR(
5ite Grading
Fine Grading hardscape areas
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int€8ral color "Miami B€ach Red"
int€8r.I color "Miami Eeach ned"
integral colo. "Miami Be.ch Red"
integral color "Miami Eeach Red', 14'wide
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dud,.rushed coral rock, stabil[er solution
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76th st bricl parern to match 77th 5t
and post alonS Park peimeters
Lsed as randscape features / perimeter de jneatio- /
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concrete borderand bumper board system
aluminum w/arms and back - Landscape Forms
*one wall with smooth seatins top
12'or 14'po es, LED Acorn fi(ures
Trees / sculptures / ad retaining wall
r hi*oric seatwall relocation to New Plaza
ad retaining wall {ad installation possibi itiesl
Coated - Landscape Forms
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and 1 gal naterial
wilh Pl!8s and 1 gal material west of Beachwa k
\ative buffer Planti.g adjacentto single family homes
3,&Tgalmaterial
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- Water,sanitary, storm. Elec
suruey req!ked for acc!rate frll requtemen6
FacilityTotal 2,160 sr
StoraSe 1,Oao st
Restrooms 1,oao sf
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FacilityTotal 4,320 st
Storage 1,080 5t
Restrooms 1,0a0 St
Bay Bouse ofRefug€ as it appeared ckca 1921
open at second level beach obseryation area
Bay Nouse ofRefuge as it appeared ckca 1921
2nd Level Covered Open ar
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in place safety sudace- Landscape St!ct!res
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,ECONA
Memorandum
3O5 444 4691 tel
800 Douglas Entrance 305 447 3580 fax
North Tower,2nd Floor
Coral Gables FL 33134
w.aecom.com
To City of Miami Beach
AECOM
Subject Altos Del Mar Park Master Plan Kick-Off Meeting
AECOM
Meetins Date October 22nd,2013
October 22,2013
1Oam - 11am
21=t Street Community Center
2100 Washington Avenue
Attendees:
John Rebar i*hnr"*.$-et$.piq.m.ib-qq"_c_hlj..S.V_v 305-673-7300
JohnOldenburg John*lde.r-rb-ur$i&.$iamib""*"$chfl.$Ar, 786-415-6708
P.R. Knowles PhiliiU[n*Wles.&.']i*ryi.*sg 786-229-1462
Brenda Carbonell .Stpnli.q$.**g*el]",,-$-mi.$.mibcaqh$.itu_v 305-673-7730
Julio Magrisso l-L$*$.4nqrlsstQmlaLr.jb*-achfj.S*,"t 305-673-6960
Greg Ault Qrcq.quliG"gstg_m,"c.g.n 703-980-0775
Brook Dannemiller hrock.iann*$l-il-e_rrQ$Sco.*:..{*m 305-447-3575
Gustavo Santana g.#.$_!A-v."!".F""s]].1$.ijR&**$affL$$-r-I 305-447-3545
Attachments:
. Kck-Off Meeting Agenda
. Kck-Off Sign-in Sheet
Kick-Off Meetinq
Introduction and Sefting the Stage
. City of Miami Beach Team Members lntroduction
o P.R. Knowles to be prime contact for data request
o Stakeholders to be identified.
r AECOM Team Members introductions
o Greg Ault is the PIC
o Gustavo Santana is the PM and main contact for all requests and data distribution.
. PO Modifications discussed between Brenda Carbonell and Gustavo Santana at the end of
the meeting
AgCOnl
o PO technical name not the same as signed continuing service agreement with the
City
o PO doesn't reflect direct expenses as per the signed Scope and Services agreement
with the City.
Envisioning the Future
. Understanding the Present Condition
o Last open space parcel on the beach that has not been developed
o Existing pedestrian access to the beach from Collins Avenue
o Beachwalk section is heavily used by the surrounding community
o Miami-Dade Public Library to remain
o Single Family home within the park area
o Existing vegetation used for shelter by the homeless
o Surrounded by a heavily involved world class community
. Setting parameters
o Developing a program that is consistent with the surrounding community
o Understanding proposed and future surrounding development
o Defining parameters of the park as management practice for community suggestions
o CMB+AECOM strategy and consensus on park efforts
. Data request
o Area demographics/stakeholders
o Planned park facilities
o Altos Del Mar Park
o RegionalOpen Space
o Altos Del Mar Park site survey as a working electronic file (GlS or CAD) with the
""":""
iiili#ffi:*;',J*;:*,.i an wa, kways, parki n s area, structu res,
and any other built areas. Trees and large vegetated area locations. Topographical survey with contours
. :i;B";:ffitilTruHlnitecturaropen space). Future improvements/development within the district boundaries
Schedule
. Site Visit (Task 2):
o Monday, November 18,2013 from 8 - 1Oam
o Location: Altos Del Mar Park
o Expected attendees: AECOM+CMB Staff and Key Stakeholders (as identified by
City)'
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o lnternal Workshop (Task 3):
o Friday, December L3,2OL3 from 9am - 1pm
o Location: TBD (City to be responsible for location)
o Expected attendees: AECOM+CMB Staff/Key Stakeholderso rnternalworkshilr?",1i;r".",.,
. Park program development. Develop opportunities and constraints
r Commun,,, *",.?lliff 'rt?l;:'ror the communitv workshop
o Second weekofJanuary 2OL4
o Location: TBD
o Expected attendees: AECOM+CMB Staff/Key Stakeholders
" to1"l:Iffi:5:,:"0"i,,""
ror the park
. Define park's goals and limitations. Produce potential ideas that are both financially feasible and
environ mentally sustaina ble
o City to be responsible for the logistics relative to the workshop, including
advertisement and providing meeting space
Action ltems
o AECOM to commence the inventory and analysis process
o City to provided requested background data
. Determine location of internal workshop during Site Visit
. Develop potential schedule for the remainder of the project and determine a probable date for
final deliverable
. Establish park budget
Attachments:
. Kick-Off Meeting Agenda
. Kck-Off Slgn-ln Sheef
^fu-coi,l
Memorandum
Meeting Location:
Date:
Time:
Agenda:
10:00 am
10:15 am
10:45 am
11:00 pm
AECOM
800 Douglas Entrance
North Tower, 2nd Floor
Coral Gables FL 33134
M.aecom.com
21"t Street Gommunity Center
2100 Washington Avenue
October 22,2013
10:00 am - 11:00 am
Introduction & Setting the Stageo City of Miami Beach Team Memberso AECOM Team Memberso PO modifications
Envisioning the Futureo City of Miami Beach Goals & Objectives
' City vision. development program
o park entryo amenitieso open recreational fieldso park edges and community interface. requirementsr p?rk issues, functionalrelationships
o Project Schedule
Recap & Take Away
Adjourn
305 444 4691
305 447 3580
tel
fax
City of Miami Beach Altos Del Mar Park Master Plan Kick-off Meeting
Data Request:
. Area demographics/stakeholders. Planned park facilities
o Altos Del Mar Parko Regional Open Space. Altos Del Mar Park site survey as a working electronic file (GlS or CAD)
with the location of the following items:
o Site boundaries
ASCOn-l
o Above and underground utilitieso existing facilities including pedestrian walkways, parking area,
structures and any other built areaso trees and large vegetated area locations
o topographical survey with contoursr proposed park programming. CMB Design Guidelines (architectural/open space). Future improvements/development within the district boundaries
Agco/tl
February 27th,2014
6:30 - 8:30pm
Meeting Place:
North Shore Park Youth Center
501 72"d Street
Attendees:
See Attachment
Gommunitv Meeting
. Welcome & lntroductions
o AECOM Team Members introductions
o City of Miami Beach (CMB) introductions
o AECOM Scope of work
o Collect, review, and inventory the site conditions for assessment of impacted site and
feasibility.
o Develop an understanding of the site's opportunities and constraints.
o Develop an image of the project based on established development programs and
themes.
o Development of two preliminary site plan concepts with an appropriate range of
spaces for general and passive recreational use.
o Prepare a final preferred concept plan based on consensus from the City,
Community, and Stakeholders.
. General plan process
"'"': ""mfiff*t{r*,lffim:'.:*"
s anda ds
. Create and engaging and attractive open space
. Goals and Purposes of the Community workshop
o Collect and share diverse inputs from the community.
o Establish planning priorities.
o Take into consideration lessons learned from previous community efforts and studies.
o Align functional relationships and needs.
o Look at three scenarios of possible frameworks for the future.
Park Programming
o Defining park program based on comparison of parks within a lz mile radius.
o Neighborhood
o Community
o Regional
. Altos del Mar Park (ADMP)will be based on a neighborhood park program
. Programming: Previous Meetings with CMB resulted in the potential programming of a
passive neighborhood park component for ADMP. The following is a list of potential
programs selected by AECOM and CMB from passive to most active component of AMDP:
o Extension of the Beach
o Shade Irees
o Florida Friendly Landscape Planting
o Native Flora with lnterpretive Signage
o Formal Area
o Park Delineation
o Multi-Use Open Lawns
o Lighting
o Sitting Areas
o Walking Path
o Open Pavilion / Rain Shelter
o Beach Observation Element
o Sand Volleyball Courts
o Enclosed Pavilion
o Tot-Lot
o Splash Pad
o Resfrooms
o Skafe Pocket Park
o Framework: Potential User Zones
o Passive / Passive (Western Side)
o Passive / Active (Park Core)
o Active / Active (Beach Side)
Programming and Framework Analysis with Gommunity Reactions
Participating community members were divided into three teams and were provided with one
alternative framework per team and the list of park programming. Each team had the opportunity to
eliminate or add programming to the list and based on the team's final program list, the alternative
framework was modified and developed as a team effort. The following is the team's comments and
results for each alternative.
ASCOII'I
. Alternative 1:
o Alternative 1 Park Programming: (strikethrough programs by community members). Extension of the Beach (the park is not the destination - the beach is)
. Shade Irees. Florida Friendly Landscape Planting. Native Flora with lnterpretive Signage. Formal Area. Park Delineation (minimal). Multi-Use Open Lawns
' Lighting. Sfffin9 Areas. Walking Pathr epen Pavilien / Rait Eeaeh ebeervatien EIMt Sand Velleybeil eo
t-fp6lsss4lpsyjtisp
L---{sl+el
' S?lash Pad. Restrooms (controlled facilities)
r---$,tqg[g-Pg6ftgl-Pgstq
. Addition Community Programming and Comments:
o Naturalized Turf
o Vita Gourse
o Low impact
o Low maintenance
o Partnered with CMB
. Electrical !ines underground
. Traffic calming on Gollins Ave at 77th Street (bus stop)
r Lighting: ground lighting vs lighting standards
. Minimal perimeter fencing
. Not a tourist attraction
o Botanical gardens
o Tree lined walks - shade
. Restroom on the side
. Neighborhood Park for 363 days and Community Park for 2
days (special holiday celebrations)
o Alternative 1 Park Framework:. Do not locate a centralized architectural element. Vacate existing ROW on south side (76th Street). Buffer adjacent properties from park. Create a safe crossing at 77th street. Provide pedestrian path shaded by trees. Provide more park connections to the beach walk
^fu-coi,l
r Alternative 2:
o Alternative 2 Park Programming: (strikethrough programs by community members)t Exteneien ef the Peaeh
. Shade Irees. Florida Friendly Landscape Planting. Native Flora with lnterpretive Signage. Formal Area. Park Delineation (No fence). Multi-Use Open Lawns. Lighting. Sitting Areas. Walking Path. Open Pavilion / Rain Shelter. Beach Observation Element. Sand Volleyball Courts (towards the Beach Side), Enclosed Pavilion. Tot-Lot. Splash Pad. Resfroorns
t---$,ftslp-Psstqsl-Psp ft. Addition Gommunity Programming and Comments:. No fence
. Open lawn for Frisbee
. "Hammock Orchard" - poles for hanging hammocks. Domino / chess / board games concrete tables. Better connection from Ocean Terrace (remove/move parking)
. Picnicking
. Sculpture park
. Restroom
. Splash pad
. Showers
. Running path
. Rental eppertunities (i,e- birthday parties)
. Special event location (4th of Juty)
. Observation deck - House of Refuge Style
. No concessions
o Alternative 2 Park Framework:. Sand volleyball courts towards center Beach Side. Splash pad at north Beach Side. lncorporate restrooms as part of the observation deck. Large open lawn at Park Core. Enhance Atlantic Way historic corridor. Provide "Hammock Orchards" adjacent to historic corridor
' Passive shaded area along Western Side. Buffer planting at Western Side. Landscape mood lighting at Western Side
&-corll
. Alternative 3:
o Alternative 3 Park Programming: (strikethrough programs by community members). Extension of the Beach. Shade Irees. Florida Friendly Landscape Planting. Native Flora with lnterpretive Signage. Formal Area. Park Delineation. Multi-Use Open Lawns (not to promote soccer). Lighting. Sitting Areas (No benches). Walking Path. Open Pavilion / Rain Shelter (mixed emotions - % yes and % no). Beach Observation Element (mixed emotions - % yes and % no)r Sand Velleybail eo
t-,Qp6tsssglpsryjt jsp
+-{sp-Lel
+---€P+a€#+€€r
. Restrooms (mixed emotions - % yes and % no)
+----$,tqsls-Psekel+a*
. Addition Community Programming and Comments:
o Bike racks
. "sand in your shoe" urban legend
o Buried FPL lines
. Vacate ROW (76th Street)
o Park furnishings should be sculptural (sculpture park without
actual sculptures)
o Observation deck with no roofs - ramps?
o Bocce courts
. Groquet courts
o Alternative 3 Park Framework:. Vacate ROW on 76th Street. Relocate architectural element from southern edge of Beach Side to outside
park's boundaries (eastern edge of adjacent parking area) or at north end of
Beach Side. Locate Bocce / Croquet courts at north end of Western Side. Minimal open space at Park Core (not to promote soccer field)
Alternative Programming and Framework Results:
Based on community members participation the following is a compilation of the three team's
comments and results for programming and framework.. Park Programming:
o Extension of the Beach
o Shade lrees
o Florida Friendly Landscape Planting - botanicalgarden experience
o Native Flora with lnterpretive Signage
o Formal Area
o Park Delineation - low / minimal perimeter delineation
o Multi-Use Open Lawns
o Lighting
o Slffing Areas - benches as sculptural elements
o Walking Path - with vita course
o Open Pavilion / Rain She/fer
o Beach Observation Element
o Sand Volleyball Courts
o Enclosed Pavilion
o Tot-Lot
o Sp/ash Pad
o Resfrooms
o '' oloo'T;rino
/ chess / board games concrete tabres. Art in Public Places opportunity. Picnicking areas
,,r*x"::,:{*,
. "Hammock Orchard"o Park Frameworks:
o Native landscape throughout with interpretive signage in a botanical garden like
experience
o Lighting throughout the park with key areas in the Western Side providing mood
lighting
o Open lawns areas at Park Core with no soccer playing opportunities
o Defined park delineation but with minimal visual impact
o An open air pavilion to be located at the southeast corner of the park along Beach
''i""ii{:fug*lin
eemen,. design with similar characteristics to the historic House of Refuge
o Tot-lot / splash-pad opportunity at Beach Side's southeastern corner.
^fu-coi,l
Schedule
o March 18th,2014:
o Conceptual Design Alternatives AECOM internalworkshop (two alternatives)
. April 8'^,2014: electronic submittals
o Conceptual Design Alternatives for Client's review (two alternatives)
o Conceptual Statement of Probable Cost for Client's review (two alternatives)
. April 15h,2014:
o Client's review comments due to AECOM
r Thursday, May 1't,2014'.
o Second Community Meeting
o Concept plan presentation (two alternatives)
Attachments:
. Workshoppresentation
. Sign-in Sheet
. Comment Cards
. Community Workshop Pictures
. Community Workshop Alternative Results
City of Miami Beach AItos Del Mar Park Master Plan Community Workshop
Meeting Location:
North Shore Park Youth Center
501 72"d StreetDate: February 27,2014Time: 6:30 - 8:30 pm
Community Workshop Pictures:
ASCOllI
MEETING TITLE: Altos llel Mar Master Plan Communitv Meetinq
Thursday, F ebruary 27, 201 4
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MEETING TITLE: Altos Del Mar Master Plan Communatv Meetino
Thursday, May 1st,2014
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OCCUPATION NAME STREET ADDRESS
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SECTION AA
!+6 srcrtorunn
ALTOS DEL MAR PARK MASTER PLAN ALTERNATIVE 1
\*\:o I;;M
F
F
IF
COLLINS AVENUE
LEGEND
Q PedestrianEntance :
@ MultrPurpose Beach ObservaiionFac lity
O N,luhi-Purpose Entry Plaza
O Enhrnced Exisrting Parking Area and Publlc Lrbrary
O sandVolleyballcouil
O Pedestrian Beach Access in theVacated Right Of
O HistorlcAtlanticWay
O Mulriuse Walkways
O Palm 6rde wlth Boc(e Courts
@ Retainiflg/SttingWall
O Native Buffer/ Canopy elan-fin9i..,,.
(D 8€adDunePlaoting -----'
@ Existing Eea.hwalk
(E The Great Sculpture Lawn
02550 r00 ft
SECTION AA
SECTION BB
11x]7
a
SECTION AA
SECTION AA
ALTOS DEL MAR PARK MASTER PLAN ALTERNATIVE 2
COLLINS AVENUE
LEGEND
@ Pedestrian Entrance
@ MultiPurpose Seach Observatjon 6aciliiy
O [4uhi-Purpose Entry Plaza
O EnhancedExisiting Parking Area and Publ c Library
O Dune/o<eanoverlook
O Pedestrian Bea(h AccessintheVacated RightOt
wav
O H,storicAtlanti(Way
O Mukiusewalkways
G) Palm Grove with Eocce / Croquet Courts
@ Ihe Great sculpture Lawn
(D Native Buffer / canopy Plantings
@ reu.h Dun"'elrnting
(D Existing Beachwalk
--
t"i010'@I | | rr.rz
o 25 50 100ft
F
F
F
N
SECTION AA
SECTION BB
!@@ M,|liili,,$$ffi8#ffi::'irffi
SECTION AA
ALTOS DEL MAR PARK MASTER PLAN ALTERNATIVE 3
SECTION AA
SECTION BB
F
ts
EF
N
O Pedestrian Entrance
@ Multi-Purpose Beach observation F;<llity
O Enhanced Exisiting Parking Area and P!bllc Lrbrary
@ Tenaced Lawn
O Pedestrian Bea(h Access in rhevacated RightOf
way l
O Hisrorlc ArlaniicWay .
O MulttsUse Walkways
O odlm 6rovew th Bo(.e/ Croquet (oJr\
@ ihe Gr;;i iiutpture Lawn
O Native Buffgr / canopy Planting
O geaih D;ne ptantinq
(9 Existing Eeachwalk
(E Pedestrian Bridgeto Bea(h Observation Platfo.m
(D Retaining/siftingWall
-----l
t..0'{'6I t I r.r7
02550 100 ft
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c.78.800f5
AGENDA
. WELCOIi.IE & INTRODUCTION
_ GOALS & PURPOSES
_ SCOPE & MILESTONES
_ SETTHE STAGE
. P{k L@atiils & Programs
. Ailos Del Mst Pilk Potential Proqan Ranga
. Potential Prcgram Elements
- SITE ANALYSIS
. Sita Cdtaxt
. Figue Ground
. ftalfic &Ac@ss
. Oppdunities and Cn*aints
. Potential Us Zon6s
- FRAMEWORK ANALYSIS
. Alternatives
- Recap Vision Th€ms, Driverc, Wr.p Up, Take Awrys
_ CITY OF MIAMI BEACH
- KEY STAKEHOLDERS
_ AECOM
7 l2e /201.4
. Over 1 00 years of local combined experience
. Fomerly: Spillis Candela & Partners, Metcalf & Eddy, Earth Tech,
Glatting Jackson, and EDAW
. Depth of Experience
o Parks / Recreational Facilities / Lands€pes
o New Construction / Renovation / Historic Restoration
o Sustainable Oesign / LEED
. Local Experts with National Experience
. Park PlanneB, LandscapeArchitects, Urban Designers, Architects,
Engineers, lnterior Designers, and Environmental Engineers
Cityol Mi8mi B6ach, FLI
TheAtlantic Greenway N€Mrk B€achwalk ll
CityofSunny lsl6s Beach, FL
Sunny lslesBeach H6ibge Patr and Garag6
caesena Plaa lC@oplum Ctcle)
ffi
7 l2e /201.4
The Goal of this Community Workshop is to
develop creative, yet realistic proposals for
Altos Del Mar Park that will provide a beautiful
new community focal point while at the same
time be financially and environmentally
The Purpose of this community workshop is to develop a
preliminary vision and guiding principles for future planning of
Altos Del Mar Park
. Collect and share diverse inputs from the community. This is an
opportunity to share ideas and creative thoughts in an open environment
' Establish planning priorities.
. Take into consideration lessons learned from previous community efforts
and studies.. Align functional relationships and needs.. Look at three scenarios of possible frameworks for the future.
AECOM Scope
. Collect, review and inventory the site conditions for assessment of
impacted site and feasibility.
. Develop an understanding ofthe site's opportunities and
constraints.
. Develop an image of the project based on established development
programs and themes.
. Development of two preliminary site plan concepts with an
appropriate range of spaces for general and passive recreational
use.
' Prepare a fnal prefered concept plan based on consensus from
the City, Community, and Stakeholders.
MILESTONES: Process
ryryryryry@w
7 /2e /201.4
A,
:
re
StillWater Park
(Noighbqh@d)
1.5 acrs
one tEsketLEll coun
pavilion
playground
renEl opportunity
@T*1.sry"rl,t isc{"};-'
B. Crespi Park C. Fairuay Park
(Nelghbqh@d) (Cmnunity)
' l.4acres .3.8acres
. one tEsketball coud . one basketball @ud
. openphyspace . tuotenniscouds
. Evilion . open play space
. playg.ound . pavilion
. renbloppodunity . playground
. after school prog€ms
D. North Shore Park E. North Shore Park G. North Shore
& Youth Center Bandshell / Open Space Park
(Regionat) Amphitheater (Resbnat)
. 9.6acres (Regional) . 24.5acres
. onebasketballcoud '5.6acres 'barkpark
. fuelve tennis @uds ' restroom . oddoor vib 6uBe
. openplayspace . renbloppodunity ' Fvilbn
. playground F. Tatum Park ' playground
.renEloprcdunity Ueighbdho<d). after school progEms . 1.0 acre
. aduh &senbr . onebasketballcoud
' open play sPace
. pavilion
'playground
7 12912014
ALTOS OEL MAR PARK POTENTIAL PROGRAM ELEMENTS
. Enensionofthe . Mufti.Useopen . Sandvolleyball
Beach Lawns Courts
. Shade lrees . Lightlng . Enclosed Pavilion
. FloridaFtiendly . SrftDgrreas . Tot-Lot
Landscape . Watking path . Sptash pad
Plantlng . openPavltton/ . Restr@ds. Native FIM Raio Shetter . state p@tetlnterpretive . Beach parkSrgrage Obs*ailon. FqilalArea Hement. Pa* Delinealion
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TRAFFIC & ACCESS
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7 129 /2OL4
7/2e/20L4
AECOM f.dnial Sdk.' ln
A@ Dufus Ehtunc.
Ndh@*, *FM
6at @blcs, FL @19
f 95.411691
Polntolconlet:
Gros Aufr
o 305.44?.3*2
AGENDA
M- INTRODUCTION & OPENING STATEMENT W
- RE-CAP oF PREvrous woRKsHOP ffi- oVERARCHTNG DESTGN PRTNCTPLES ffi
- ALTERNAIVE ovERVtEw :"it. Alternative 1 !,a-
- Q&A
. STAKEHOLDER VOTING
. WRAP UP
- NEXT STEPS
- MJOURN
- CITY OF MIAMI BEACH
_ KEY STAKEHOLDERS
- AECOM
7/2e/20L4
MILESTONES: Process
ryryIFryry@tffi
Th6 GOAL ofth€ communily workshop was to develop. creative, yet realistic
proposal forAtos Oel M.r Park thil will provide a bcadiful now community focal
polnlwhile at the same lim b€ financially and envi.onmentally foasibl€-
The PURPOSE o,rhe Community Work3hop wasto develop a preliminary vision
rnd guiding p.inciples for futur€ planning ofAhos Del Mar Ptrk
. Collected and shared diveEe inpds from the @mmunity.
. Esbblished planning priorities-
. Discussed lessons leamed from provious @mmunity effofrs aM studies.
. Aligned functioml relationships and needs.
. Looked at three scenarios of possible frameworks for he fdure.
. EfransionoftheBeach . Sandyollayballcourts
. Shade lres . Enclo*d Pavilion
. FldidaFriendlyLand*apePlanting- . Tot-Lot
bobnicalgardenexperiehce . Splashpad. Nalivo Flora wilh lhlqrctiye Signage . Red.@as. FomalArca . hAddftbn:
. Pilk Dalinealion - low / minhal o Domino/ chess/ b@rd games
pailmel*dalineation bbts-s
. Multi.Use OFn Lams o Art in public placesoppdunity
. Lighling o picnicking arees
. SlfllngAreas-benchesas*ulptunl o Bikeracksalffionts o vacate Row on 766 steet. WalkingPath-wiahvibcourse oBme/Crcquet)ourts. OpenPavilion/Rainshefter o BuriedFpLtines. Beechob*ruationElement o"Hamm@korchild"
. Native landscap€ throughouiwith intepretive signag€ ln a botanical
garden like 6xpeaienco
. Lighting throughod th€ park with key areas in the Western Side providing
mood lighring
. Open lawns areas rt Park Cors with no soccer playing oppodunilios
. Oetined park delineation but wilh minimal visual ihpad
' An open air pavilion to b€ located .t the edheast com6r of tho park
along Beach Side and should include:
o r6trcom facilities
o beach ob*ryation element
o design wilh similar charaderistiG
to the historic House of Refuge
Tot-lot / splash-pad oppodunily.t
Beach Side's southeaslern corhor.
ALTERNATIVE 1 PROGRAM & FRAMEWORK WORKSHOP RESULTS
46@Ut*BE.rAM!I:cM^,tl':i
.- A!!tsHt*ffi.**i:' .a.r * i5w fie e(9nMl{dN I EFY1IW
.rE rroa 4 :1d
'p€"
"nee.E,rt ! 'lrtj tsr,l6f aa,q:
,B& tLt'i '}lsisp#.;;;;;;;. '
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:5offilfff%*o*ros rruor
7 /2e/2014
ALTERNATIVE 2 PROGRAM & FRAMEWORK WORKSHOP RESULTS
i,,,.{*-**-*.**'o.M. 1
ALTERNATIVE 3 PROGRAM & FRAMEWORK WORKSHOP RESULTS
. *.+wruru?{"*.-.--"1*
7/2912014
. Passive Park Elements Only (Not Active)
. Strong Framework Elements but Flexible Program
. Park is not the Destination - The Beach is
. Beautiful but Functional
. Accessible to Everyone
. lmprove Lighting and Security (SEPTD)
. Sustainable, Low Maintenance, Native Plantings
. Budget Conscious / Cost Effective
ffir
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7 /2s/201.4
7/2e/201.4
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Steps
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MILESTONES: Next
7 /29/2014
7 l2e /20L4
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E
F,
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ALTOS DEL MAR PARK POTENTIAL PROGRAM ELEMENTS
lu
ott
G
. Ertensionofthe . Mufti-Useopen . Sandvoileybail
B@ch Lawns Coutts
. Srrade I/ees . Lighting . Enclosed Pavllion
. Floilda Friendly . Silting Areas . Tot-Lot
Landscape . watking path . Sptash pad
Planting . openPavilion/ . Resfooms. Nalive Fl@ Rain Shefter . Sr(are p@te,lntqPrelive . Beach parksig'[age obsqation. Foffral Area Hemeot. Park Delinealion
. EnansionoftheBeach . Sandvolleyballcouds
. Shade ,res . encb*d Pavilion
. FldidaFriendlyLand*apePlanting- . Tot.Lol
botanical gilden expeilenco Sprash pad
. Native Flota wilh lntarpretive Signage . Re*eas. FormalArea . hAddition:
. Pilk Delineation - low/ minimal
perimeter derineation
o Ddno / chess / boild ganes
. MuhLUse Open Lan Ad in pubtic pta@s opp&unity
. LlghtiDg a picnbking areas
. SiftingAreas-benchesas*ulptural a Bikerackselements a vacate Row on T6u steet. Walking Path- with vitacour* a B@ce / Crquet Couds. OpenPavilionlRainsheller aBuriedFpLtines. Beach Obwatbn Element a "Hamm@k Orchild"
. Native landscape throughout wlih intepr€tive signage in . bot.nical
garden like experience
. Lighting throughout the park wilh key areas in th€ Weslern Sid€ providing
mood llghring
. Open lawns areas d Park Corc with no 3occer playing oppodunitios
. Defined park delineation but with minimal visual impact
. An opeh air pavilion to b€ locded d the sodh€a3t comer ot th€ park
along Beach Side and should include:
o restrcom faciliti$
o beachobservationelement
o design with similarcharacteristG
to the historic House of Refuge
Tot-lot / splash-pad oppodunity il
Beach Sido's southeastem corner
7 1291201.4
. Park is not the Destination - The Beach is
. Accessible to Everyone
. Passive Park Elements Only (Not Active)
. Strong Framework Elements but Flexible Program
. CPTED: lmprove Lighting and Security
. Sustainable, Low Maintenance, Native Plantings
. Budget Conscious / Cost Effective
. Beautiful but Functional
7 l2e l201.4
AECOII
ABOIJT'AECQM , ::. , ,.r,=i .,,
L
AECOM is a gtobal provider of professionat
technical and management support Cervices to a
broad range of markets, inctuding transportation,
facilities, environmentat, energy, water and
Eov6rnment. With approximatety 45-000 :
employees around the world, AECOM is a teader in
provides a blend of gtobat reach, locaI knowtedge,
innovation and technical excellence in detivering
solutions that create, enhance and sustain the :
world's built, naturaI and social environments. A
Fortune 5OO company, AECOM serves ctients in
more than 'l30 countries.
CORPORATE OFFICES
Los Angetes {.W6.rldwide Headquarteis)
555 South Ftowei Street
Los Angeles, CA 9007i -r300
United States
T +1 213 593 8000
F +1 213 593 8730
NewYork
605 Third Avenue
New York, NY 10158
United States
T +1212g732.900
LOCAL OFFICE CONTACT
Greg Autt
Pri nc i pte- I n-Charge
703 980 0775
greg.au lt@aecom.com
Gustavo Santana
Project l\4anager
305 447 3545
gustavo:santana@aecom.com
North Tower,2Bd Fjoor :'
Corat Gables, FL 33134
United States
T +1 305 444 4691
F +'1 305 447 3580::: :.
info@aecom.com
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APPENDIX G
l\i\,*,/*,ry*AC*
Somple Controct
RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering
Design Services for the Altos del Mor
Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
xxxxxxxxxxxxxxxxxxxxxxxx
FOR
PROFESSIONAL ARGHITECTURE AND ENGI N EERING SERVICES
FOR THE
xxxxxx
Resolution No.
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINIT'OIVS
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
ARTICLE 16.
BASIC SERVICES
THE CITY'S RESPONSIBILITIES
RESPONSIBILITY FOR CONSTRUCTION COST
ADDITIONAL SERVICES
REI M B U RSAB LE EXPEA'SES
COMPENSATION FOR SERVICES
CONSULTANT'S ACCOUNTING AND OTHER RECORDS
OWNERSHIP OF PROJECT DOCUMENTS
TERMINATION OF AGREEMENT
INSURANCE
INDEMNIFICATION AND HOLD HARMLESS
ERRORS AND OMISSIONS
LIMITATION OF LIABILITY
NOTICE
M ISCELLANEOUS PROVISIONS
PAGE
2
7
13
16
17
18
22
23
24
25
26
19
20
2',\
26
27
SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
BEST VALUE AMENDMENT
33
34
35
36
37
38
39
40
TERMS AND COND'T'ONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXXXXXXXXXXXXXXXXXX
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
XXX XX
This Agreement made and entered into this _ day of ,20XX, 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
asCity),andXXXWXXXxXXxxXxX,aFloridaXxXXXXXxxxXhavingitsprincipalofficeatXXXXXXX(hereinafterreferredtoasConsultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage
the Consultant to provide specific professional services including, without limitation, A/E services, for the
Project, at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 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,
331 39.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of
the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the
City Commission or regulatory or administrative bodies having jurisdiction over any matte(s)
related to the Project, the Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for
entitledXXXXXXXXXXX,
"XXXXXX XXXXXXXXXXXXXXXX" issued by the City in
contemplation of this Agreement, together with all amendments thereto (if any), and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference 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.
1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant"
shall mean the architecUengineer who has entered into a contract with the City to provide the
Services described under this Agreement. When the term "Consultant" is used in this Agreement
it shall also be deemed to include any officers, employees, sub-consultants, agents, and any
other person or entity acting under the supervision, direction, or control of Consultant. Any sub-
consultants retained by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts 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 sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
XXXXXXXXXXXXX No.
1.7
Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and
shall not be cause for any increase in compensation to the Consultant for payment of the Basic
Services. The quality of services and acceptability to the City of the services performed by such
sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
XXXXXXXXXXXXXXXXXXXXXX ;
XXXW.
1.6 PROJECT COORDINATOR: The "Project Coordinatod' shall mean the individual
designated in writing by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review (on behalf of the City) all matters related to the Project during the
design and construction of the Project (unless expressly provided otherwise in this Agreement or
the Contract Documents).
Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall
perform in accordance with the terms of the Agreement (and as required to complete the Project),
as further described in Article 2 and Schedule "A" hereto. ln addition any Services not specifically
addressed as Additional Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been
approved by the City Commission and is described in Schedule "A" hereto.
1.9.1 ProiectCost: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 Pro.lect 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.
1.9.2 Proiect Scope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20o/o) of
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work.
1.10.1 ConstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1 .10.2 Statement Of Probable Construction Cost: The "Statement of Probable
Construction Cost" shall mean the latest approved written estimate of Construction Cost
submitted by Consultant to the City, in a format approved by the Prolect Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction
Cost shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such
as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date
of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably
expected to have, a material adverse effect on the Project, or on the rights and obligations of the
parties under this Agreement and which, by the exercise of due diligence, such parties shall not
have been able to avoid; provided, however, that inclement weather (except as noted above), the
acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions,
construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force
majeure, the Consultant shall request a time extension from the Project Coordinator within five (5)
business days of said force majeure. 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.
1.12 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.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together
with all exhibits, addenda, and written amendments issued thereto), and the documents prepared
by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto
(that form the basis for which the City can receive bids for the Work included in the documents).
The Contract Documents shall also include, without limitation (together with all exhibits, addenda,
and written amendments issued thereto), the invitation to bid (lTB), instructions to bidders, bid
form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions
of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17,
Construction Documents, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written orde(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUGTION: "Contract for Construction" shall mean the legally
binding agreement between City and with Contractor for performance of the Work covered in the
Contract Documents.
1.15 CONSTRUCTION DOGUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant
to this Agreement, which show the locations, characters, dimensions and details of the Work to be
done, and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, without
limitation, authorizing a change in the Project, or the method and manner of performance thereof,
or an adjustment in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five
thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the
City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option,
and which have been duly authorized, in writing, by the City Manager or his authorized designee,
prior to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and
obligations proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT GOSTS: "Soft Costs" shall mean costs related to the Project other than
Construction Cost including, without limitation, Consultant's Basic Services, Additional Seryices,
suryeys, testing, general consultant, financing, and permitting fees, etc.
1.21 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.
1.22 SCOPE OF SERVIGES: "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.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent
Notices to Proceed shall also be issued by the Prolect Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as
same are set forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City
that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and
Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all
such 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.
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 Coordinator) 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 sub-consultants, as well as
other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to 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 City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; and shall also include any and all of
Consultant's responsibilities and obligations with respect to the Project, as set forth in the General
Conditions of the Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planninq Services:
Consultant shall provide planning services for the Project, as required by the Contract
Documents and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning
Services").
2.5.2 Desiqn Services:
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services")
2.5.3 Biddinq And Award Services:
Consultant shall provide bidding and award services for the Project, as requlred by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
Services").
2.5.4 Gonstruction Administration Services:
Consultant shall provide construction administration services for the Project, as required
by the Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled
"Construction Administration Services").
2.5.5 Additional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set
forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: 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 of any of its officers, employees, sub-consultants, agents, and/or servants), for
the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be deemed
to be an assumption of such responsibility by the City for a defect, error or omission in designs,
working drawings, plans, technical specifications, or other technical documents; provided,
however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt 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 parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective
Date), and shall be in effect until all Services are completed or until the work and/or services
under the Notices to Proceed in force at the end of the stated period of time have been
completed and the Services accepted, whichever may be later.
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 The Services shall be performed in a manner that shall conform with the
approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may
submit requests for an adjustment to the Project Schedule, if made necessary because of
undue delays resulting from untimely review taken by the City (or other governmental
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 Coordinator with written notice stating the reason for the particular delay; the
requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Prolect Coordinator 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 Coordinator's
approval (if granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights
to terminate the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals
and/or firms that have been contracted, or othenrrrise 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.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work
performed by sub-consultants), within the specified time period and specified cost. The
Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily
possessed and used by a proficient consulting with respect to the disciplines required for the
performance of the work in the State of Florida. The Consultant is responsible for, and shall
represent to City that the work conforms to City's requirements, as set forth in the Agreement.
The Consultant shall be and remain liable to the City for all damages to the City caused by the
Consultant's negligent acts or errors or omissions in the performance of the work. ln 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 deficiencies which result from the
Consultant's failure to perform in accordance with the above standards. The Consultant shall also
be liable for the replacement or repair of any defective materials and equipment and re-
performance of any non-conforming construction services resulting from such deficient Consultant
services for a period from the Effective Date of this Agreement, until twelve (12) months following
final acceptance of the Work, and for the period of design liability required by applicable law. The
Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timing of the corrections. Neither the City's inspection, review, approval or
acceptance of, nor payment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) 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 and its sub-
consultants 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 its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With
respect to the performance of work by sub-consultants, the Consultant shall, in approving and
accepting such work, ensure the professional quality, completeness, and coordination of the sub-
consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any
resulting deficient, defective construction services 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-fo ur mo nths (24) f rom f i na I accepta nce.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a
performance evaluation of the work rendered throughout this Agreement will be completed
by the City and kept in the City's files for evaluation of future solicitations.
2.10 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 work performed by Consultant (including, without limitation,
contractors, other design professionals, and/or other consultants retained by the City), the intent
of such requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with industry
standards for design or construction of comparable projects; or which are inconsistent with
Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the
City under this Agreement. Consultant will use reasonable care and skill, in accordance and
consistent with customary professional standards, in responding to items identified by other
reviewers in accordance with this subsection. Consultant shall receive comments from reviewers,
in writing, including, without limitation (and where applicable), via a set of marked-up drawings
and specifications. Consultant shall address comments fonrvarded 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 [ntentionallyOmitted]
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 issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Manage/'). 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 his designee
(who in this case shall be the Project Coordinator). 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 Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
from the City Manager or his designee (which notice shall state the cause therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or
othenruise retained by Consultant for the Project ( including, without limitation, any sub-
consultants).
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 his designee (who shall be the Project Coordinator), 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 its employees and sub-consultants to
comply with this subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and
minor work task required to be performed by Consultant to complete the Project. lf, during the
course of performing of the Services, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort
originally anticipated in the Scope of Services, Consultant shall promptly notify the Project
Coordinator, in writing, and shall obtain the Project Coordinator's written consent before
proceeding with such work. lf Consultant proceeds with any such additional work without
obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be
within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator 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. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Laws.
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 SUB-CONSULTANTS: All services provided by sub-consultants 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 sub-
consultants, 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 sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written
approval of the City Manager, in response to a written request from the Consultant stating the
reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager
shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services
and acceptability to the City of the services performed by sub-consultants shall be the sole
responsibility of Consultant. The Consultant shall cause the names of sub-consultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Project during the design and construction of same (except unless othenrvise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator 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. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services;
or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all 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. 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 I ntentionally Omitted]
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or othenivise becomes aware of any fault or defect in the Project, or
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.6 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. No City
administrative (proprietary) approvals and/or decisions required under this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times
have the right to approve or reject any such requests for any reasonable basis.
3.7 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:
3.7.1 Except where othenruise 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.
3.7.2 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.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals
from administrative decisions of the City Manager or the Project Coordinator. ln such
cases, the Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenryise 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 othenryise 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.
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary)
decisions on matters arising pursuant to this Agreement which are not othenruise
expressly provided for in this Agreement. ln his/her discretion, the City Manager may
also consult with the City Commission on such matters.
3.8.3 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.
I ntentionally Omitted]
The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Purchasing Ordinance, as amended);
provided that no such amendments increase any of the budgets established by this
Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice
and recommendations relating to the exercise of the City's powers, duties, and
responsibilities under this Agreement or the Contract Documents.
3.8.7 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).
3.8.4
3.8.5
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared
by Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost
estimates prepared (or othenrvise provided) by Consultant for the Project, represent Consultant's
best judgment 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 othenrvise provided) by Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be
exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force
Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission approval which, if granted at all, shall be at the sole and
reasonable discretion of the City Commission. The City Commission shall have no obligation to
approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City
Commission may, at its sole and reasonable discretion, terminate this Agreement (and the
remaining Services) without any further liability to the City.
4.5 lf the lowest and best base bid exceeds the Construction Cost Budget by more than five
percent (5%), the City Commission may, at its sole option and discretion, 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 Prolect and terminate the
remaining Services without any further liability to the City; ( ) select as many Deductive
Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost
Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost
Budget. ln the event the City elects to reduce the Project Scope, the Consultant shall provide any
required revisions to the Contract Documents (including, without limitation, the Construction
Documents), and provide re-bidding services, as many times as reasonably requested by the
City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of 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 Coordinator (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; 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 Coordinator. 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 may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated
by the parties at the time of execution of this Agreement (excluding circumstances and
causes resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing,
arbitration proceeding, or legal proceeding, unless the subject matter at issue has
arisen from the error omission, inadvertence, or negligence of Consultant.
I ntentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under
Section 4.5 hereof, which shall be provided at no additional cost to City).
5.2.3
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Prolect. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized,
in advance, in writing, by the Prolect Coordinator. lnvoices or vouchers for Reimbursable
Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and
other back-up material requested by the Project Coordinator). 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:
6.2.1 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 sub-consultants, and courier, postage and handling costs
between the Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having
jurisdiction over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
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 Coordinator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
6.2
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.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for
payment of Reimbursable Expenses shall also be included with Consultant's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive
approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price lndex (CPl) on a
year to year basis. Such adjustment will be based on the cumulative change of the CPI for the
Miami urban area, provided that in no event shall any the annual increase exceed three percent
(3o/o).
7.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in a timely manner, but no more than once on a monthly basis. lnvoices 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. ln the event sub-consultant work is used,
the percentage of completion shall be identified. lnvoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7.7.1 lf 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).
7.7 .2 The City shall pay Consultant within forty-five (45) calendar days from
receipt and approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written
approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or othenuise), 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. lncomplete 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 sub-consultants 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 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 Coordinator 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, ln 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 1 19, Florida Statutes.
s)
g) 9.2 The Consultant is permitted to reproduce copyrighted material described above
subject to prior written approval of the City Manager.
s)
g) 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.
s)
g) 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.
s)
9.5 The Consultant shall bind all sub-consultants 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. ln 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. ln 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 ln the event this Agreement is terminated for cause by the City, the City, at
10.2.2
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or othenrrrise. 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.
ln 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 Coordinator any and all Project documents prepared (or caused to be
prepared) by Consultant(including, without limitation, those referenced in subsection 9.1
hereof). The City shall not be responsible for any cost incurred by Consultant for
assembly, copy, and/or delivery of Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: ln 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. ln 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 Coordinator 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. ln 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: ln 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
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the Project
Coordinator:
(a) Professional Liability lnsurance, in the amount of one million dollars
($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty
(30) days of any claims filed or made against its Professional Liability lnsurance policy.
(b) Comprehensive General Liability lnsurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on
this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized
to do business in the State of Florida, and countersigned by the company's Florida resident
agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all
required insurance policies. The City reserves the right to require a certified copy of such policies,
upon written request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to 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 and
defend 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 othenivise 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. ln reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: lt 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.
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 City's Capital lmprovement Projects Director (the Director). The Director'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. ln the event that the Consultant
does not agree with the decision of the Director, the Consultant shall present any such objections,
in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the
City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a
court of competent jurisdiction after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of
the fee paid to Consultant under this Agreement, less any amount(s) actually paid to 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 Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the
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 "not to exceed
amount" of Consultant's fees 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.
ARTIGLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXX
With a copy to:
Capital lmprovement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXXX
All written notices given to the Consultant from the City shall be addressed to:
ffi
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
ffi
Attn: XXXXXXXXXXX
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 1 6. MlSCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will
not discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure
that applicants are employed and employees are treated during employment without regard to
race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or
familial status, or age.
16.3 PUBLIC ENTIW CRIMES ACT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not bid on leases of real
property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor,
or subconsultant under a contract with the City, and may not transact business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 months from the date of being placed on the convicted vendor list. For violation
of this subsection by Consultant, City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this subsection, City shall have
the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the
contract price (or othenrvise recover) the full amount of such fee, commission, percentage, gift, or
consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and codes which may have a
bearing on the Services involved in the Project.
16.5.2ProiectDocuments. ln accordance with Section 119.07 (3) (ee), Florida Statutes,
entitled "lnspection, Examination, and Duplication of Records; Exemptions," all building
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution.
lnformation made exempt by this paragraph, with prior written approval from the City
Manager, may be disclosed to another entity to perform its duties and responsibilities; to a
licensed architect, engineer, or contractor who is performing work on or related to the
Project; or upon a showing of good cause before a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of the
information.
16.5.2.1 ln addition to the requirements in this subsection 16.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City procedures,
as may be amended from time to time, by which the documents are handled,
copied, and distributed which may include, but is not limited to, each employee of
Consultant and sub-consultants 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 sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
CORRECTIONS TO CONTRACT DOCUMENTS: 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 sub-consultants. 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.
WARRANTY:
16.6
16.7
under this Agreement shall
profession in the State of
commercial facilities.
The Consultant warrants that the Services furnished to the City
conform to the quality expected of and usually provided by the
Florida applicable to the design and construction of public and
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive
Agreement, the City is not precluded from retaining or utilizing any other architect, engineer,
design professional or other consultant to perform any incidental Basic Services, Additional
Services, or other professional services within the contract limits defined in the Agreement. The
Consultant shall have no claim against the City as a result of the City electing to retain or utilize
such other architect, engineer, design professional, or other consultant to perform any such
incidental Services.
s) 16.e 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 sub-consultants, subject to the prior written approval
of the City Manager.
s)
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
16.12 INTENT OF AGREEMENT:
s) 16.12.1 The intent of the Agreement is for the Consultant to provide design
services, and to include all necessary items for the proper completion of such services for a
fully functional Project which, when constructed in accordance with the design, will be able to
be used by the City for its intended purpose. The Consultant shall perform, as Basic Services,
such incidental work which may not be specifically referenced, as necessary to complete the
Project.
s) 16.12.2 This Agreement is for the benefit of the parties only and it does not grant
rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein; and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements whether oral
or written. lt 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.
F:\atto\AGUR\AGREEMENT FORMS\A & E AGREEMENTS\A & E Agreement - NEW BOILER PLATE (Clean Version 8-2-10).doc
!N WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
CITY CLERK MAYOR
CONSU LTANT: XXXXXXXXXXXXXXX
Attest
Signature/Secretary Signature/President
Print Name Print Name
SCHEDULE A
SCOPE OF SERVICES