R2B-Issue RFQ Master Planner Of The North Beach DistrictCOMMISSION ITEM SUMMARY
Intended Outcome Su
Item Su mmary/Recommendation :
Revitalize Key Neiqhborhoods, Startinq With North Beach And Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Condensed Title:
REQUEST FOR AUTHORTZATTON TO TSSUE REQUEST FOR QUALIFICATIONS (RFO) NO.
2015.086.YG FOR A MASTER PLANNER OF THE NORTH BEACH DISTRICT.
The City has been studying ways to encourage and promote appropriate, redevelopment activity for
the 71st Street Corridor and Ocean Terrace, as well as encourage the preservation and restoration
of contributing buildings in the North Shore and Normandy lsles National Register Districts. ln
addition the City will be looking at appropriate ways to develop the City-owned "West Lots".
At the request of the Mayor's Blue Ribbon Panel on North Beach the City seeks a qualified world
class consultant to establish a North Beach Master Plan. Once a qualified consultant is selected,
the City expects to work with the consultant to determine the scope of services for and refined study
area for the North Beach Master Plan.
The study area will be the North Beach section of the City, which is located north of 63rd Street to
the northern city limit at 87th Terrace. Major developments have been built and historic structures
have been restored in all parts of the City in the recent past with the exception of the North Beach
area, where investment has been lagging.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of RFQ
2015-086-YG for a Master Planner of the North Beach District.
N/A
Financial I nformation:
Financial !mpact Summary: N/A
Alex Denis, Director Ext # 6641
AGENDA ITEM AABE MIAMIBEACH orre I-27-lS60
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offlthe City
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2015
SUBJECT: REQUEST FOR AUTHORIZATION
(RFO) NO. 2015-086-YG FOR A
DISTRICT.
MASTER PLANNER OF THE NORTH BEAGH
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
The City has been studying ways to encourage and promote appropriate, redevelopment activity
for the 71st Street Corridor and Ocean Terrace, as well as encourage the preservation and
restoration of contributing buildings in the North Shore and Normandy lsles National Register
Districts. ln addition the City will be looking at appropriate ways to develop the City-owned
"West Lots".
At the request of the Mayor's Blue Ribbon Panel on North Beach the City seeks a qualified
world class consultant to establish a North Beach Master Plan. Once a qualified consultant is
selected, the City expects to work with the consultant to determine the scope of services for and
refined study area for the North Beach Master Plan.
The study area will be the North Beach section of the City, which is located north of 63rd Street
to the northern city limit at 87th Terrace. Major developments have been built and historic
structures have been restored in all parts of the City in the recent past with the exception of the
North Beach area, where investment has been lagging.
SGOPE OF SERVICES
Please Reference RFQ 2015-086-YG for Master Planner of the North Beach District (attached).
MI N!MUM QUALIFICATIONS
Please Reference RFQ 2015-086-YG for a Master Planner of the North Beach District
(attached).
MIN!MUM DOCUM ENTATION SUBMITTAL REQUI REMENTS
Please Reference RFQ 2015-086-YG for a Master Planner of the North Beach District
(attached).
61
City Commission Memorandum - RFQ for a Master Planner of the Norlh Beach District
January 27, 201 5
Page 2 of 2
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference RFQ 2015-086-YG for a Master Planner of the North Beach District
(attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2015-086-YG for a Master Planner of the North Beach District.
ATTACHMENTS
RFQ 2015-086-YG for a Master Planner of the North Beach District.
JLM/JJ/MT/TM/AD
T:\AGENDA\2015\January\PROCUREMENT\January 27th\RFQ 2015-086-YG - Master Planner of the North Beach District
ISSUANCE MEMO.docx
62
REQUEST FOR QUAL|F|CAT|ONS (RFa)
Moster Plonner of the North Beoch District
RFQ 201 5-086-YG
RFQ ISSUANCE DATE: TBD
STATEMENTS OF QUALIFICATIONS DUE: TBD
ISSUED BY: YUSBEL GONZALEZ, CPPB
MIAMIBEACH
Alex Denis, Director
DEPARTMENT OF PROCUREMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l39
30 5 .67 3 .7 490 | oden is@m iomibeochfl.gov
www. miomibeochfl.gov
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLtzED ......... .. .......N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS .........,3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 EVALUATTON PROCESS ........... ..........13
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS .........15
APPENDIX B "NO BID" FORM ......22
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ....................,24
APPENDTX D SPEC|AL CONDTTTONS ........... .................26
APPENDIX E INSURANCE REQUIREMENTS ................28
APPENDTX F SAMPLE CONTRACT............... .................30
RFQ 2015-086YG
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INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL, This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospectlve Proposer to submit their qualificatlons, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein, All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposalsubmitted.
2. PURPOSE.
The City of Miami Beach is soliciting "Statements of Qualifications" that the City may utilize to select a Master
Planner for the North Beach District. The North Beach District Master Plan will be focused on the area of the City
that is north of 63rd Street. The City is seeking services from a consulting firm or team with master planning,
revitalization, redevelopment, design, development, and implementation experience to assist the City in: 1)
developing the scope and deliverables of the desired master plan and 2) completing a master plan of the district
within the agreed to scope and deliverables. For the purposes of this RFQ, the selection process will be based on
qualifications. No proposal for specifics to the master plan is being requested, nor will be considered, at this time.
The City of Miami Beach, Florida is located on a barrier island between the Biscayne Bay and the Atlantic Ocean,
just east of the City of Miami, Florida. lt is connected to the City of Miami on the mainland via four causeways. The
City is the predominant tourist destination of South Florida. The City has a population of approximately 87,779,in
addition to the thousands of tourist that visit each year.
The study area will be the North Beach section of the City, which is located north of 63rd Street to the northern city
limit at 87th Terrace. Major developments have been built and historic structures have been restored in all parts of
the City in the recent past with the exception of the North Beach area, where investment has been lagging.
The City has been studying ways to encourage and promote appropriate, redevelopment activity for the 71st Street
Corridor and Ocean Terrace, as well as encourage the preservation and restoration of contributing buildings in the
North Shore and Normandy lsles National Register Districts. ln addition the City will be looking at appropriate ways
to develop the City-owned "West Lots".
At the request of the Mayor's Blue Ribbon Panel on North Beach the City seeks a qualified world class consultant to
establish a North Beach Master Plan. Once a qualified consultant is selected, the City expects to work with the
consultant to determine the scope of services for and refined study area for the North Beach Master Plan.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
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3. SOLIC|T The tentative schedule for this solicitation is as follows:
Solicitation lssued TBD
Pre-Submittal Meeting TBD
Deadline for Receipt of Questions TBD
Responses Due TBD
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.oov or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
YusbelGonzalez, CPPB
Telephone:
305-673-7000 ext. 6230
Email:
vusbeloonzalez@miamibeachfl .qov
5. PRE.STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). 0nly if deemed necessary by the City,
a pre-proposal meeting or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hal! - 4tt' FIoor
City Manager's Small Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER'. 4142489
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. PRE-STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions
received by prospective Proposers are not binding on the City and will be without legal effect, including any
information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be
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binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at:
http://library. municode.com/index.aspx?clientlD= 13097&statelD=9&statename=Florida
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly
prohibited with the of exception communications with the Procurement Director, or his/her administrative staff
responsible for administering the procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelg ranado@miamibeachfl. gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City 0f Miami Beach website:
http ://web. miam ibeachfl.qov/procu remenUscroll. asox?id=235 1 0
. CONE 0F SILENCE......... PROTESTPROCEDURES...,.....,....,.,.........,,....................,.....,.,,..
r DEBARMENT PROCEEDINGS. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES....
o CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
tssuEs...... . ... REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS......
CITY CODE SECTION 2486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2-397 THROUGH 2.485,3
CITY CODE SECTIONS 2481 THROUGH 2-406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2.373
. LIVING WAGE REQUIREMENT .. .. CITY CODE SECTIONS 2-407 THROUGH2-410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
o FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300r ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2-449
9. POSTPONEMENT 0F DUE DATE FOR RECEIPT 0F QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
the propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
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Qualifications. The City Manager's recommendation need not be consistent with the scoring results identified herein
and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, relect the City Manager's recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also re1ect all Statement of Qualifications. Upon
approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take
place to arrive at a mutually acceptable Agreement, including cost of services.
13. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part
of the Proposer.
15. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility (and shall
be at the sole cost and expense) of the Proposer , and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Propose/s risk and may result in the Statement of Qualifications being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
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20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
21. MANNER OF PERFORMANCE, Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where consultant is required to enter or go on to City of Miami Beach property to deliver materials or perform work
or services as a result of any contract resulting from this solicitation, the consultant will assume the full duty,
obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies
with all applicable laws. The consultant shall be liable for any damages or loss to the City occasioned by negligence
of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTMTION OF COMPETENCY.
A, Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this solicitation.
C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City,
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25. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or hisiher or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
26. LAWS. PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
27. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
28. VOLUME OF WORK TO BE RECEIVED BY CONSULTANT. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the consultant, However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions,
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The proposer's proposal in response to the solicitation.
30. INDEMNIFICATION. The consultant shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the consultant or its employees, agents, servants, partners, principals or
subcontractors. 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 be incurred thereon. The consultant
expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided
by the consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Consultant to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the consultant.
32. FLORIDA PUBLIC RECORDS LAW, Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Consultant agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
RFQ 2U I5.U8O.YG
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conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATIONMITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
award will not be considered.
34, EXCEPTIONS TO RFQ. Proposals must cleady indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or relect any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFO).
35. ACCEPTANCE OF GIFTS. FAVORS. SERVICES. Proposals shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Statement of Qualifications. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
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SECTION ()3OO SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be relected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or othenrise,
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references, Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in Appendix C, Minimum Requirements and Soecifications.
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services as identified in this solicitation, including experience in
providing scope of services to public sector agencies. Proposer must submit five (5) relevant projects, performed in the
last five (5) years as evidence of experience; the following is required: project description, agency name, agency
contact, contact telephone & email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all personnel
and consultants to be used for this proyect if awarded, the role that each team member will play in providing the services
detailed herein and each team members' qualifications, A resume of each individual, including education, experience,
and any other pertinent informatlon, shall be included for each respondent team member to be assigned to this contract.
2.3 Similar Experience. Provide detailed responses to the following similar experience factors:
2.3.1 Experience with large-scale (100,000 SF) projects that incorporated commercial, residentialand/or
institutional uses in a complex and dense urban setting.
2.3.2 Experience with pedestrian and bike-friendly Transit Oriented projects and examples of past successes in
public/private partnerships.
2.3.3 Experience in establishing development programs for public-private partnerships that have been
successfully implemented.
2.3.4 Familiarity and experience with the localand reqi climate and realestate markets.
RFQ 20 I 5.OB6.YG t0
72
/'liAI/IBEACH
2.3.5 Past successes in dealing with elected officials, community advisory committees and/or neighborhood
businesses and residents.
2.3.6 Experience with adaptive reuse and historic preservation.
2,3,7 Skill and experience in designing public open spaces that contribute to the sense of community and place.
2.3.8 Skill and experience designing structured parking that does not detract from urban vitality and design
context.
2.3.9 Urban design and master planning skills, along with the proven ability to create a sense of community and
place, as well as embracing the existing eclectic elements that helps to define an area,
2.3.10 Experience conducting public charrettes as a component of public/private engagement,
2.3.11 Demonstrated success in embracing and implementing the highest standards of sustainability and
environmental sensitivity.
2.3.12 Urban design and master planning skills, along with the proven ability to create a sense of community and
place, as well as embracing the existing eclectic elements that helps to define an area.
2.3.13 Skill and experience in the development of land development regulations that implement a community
vision.
2.3.14 Ability to work cooperatively and constructively with City staff.
2.4 Standard Form 330. The proposing firm shall submit a completed Standard From 330 (attached). No proposal will
be considered without this required form. ln addition to experience and qualifications considerations, the City may use
this information to consider the firm's previous and current workload.
2.5 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR, lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
800-424-2495.
RFG 2015-086-YG I l
73
and
Proposal shalldescribe its approach and methodology in accomplishing the goals of this RFQ as outlined below:
1. Develop the scope and deliverables of the desired master plan in conjunction with City officials and other
stakeholders as assigned by the City;
2. Complete a master plan of the district within the agreed to scope and deliverables.
ln describing its approach and methodology, proposer shall provide detailed responses on how it will accomplish the
desired scopes of the project, by including (but not limited to) the following important elements:1. Data collection.2. Public input.3, Cataloging of historical elements.4. Environmental, storm water, sea level rise and flooding concerns.5. Land use considerations.6. Vision development.7. Aestheticstandards.
Proposer shall also address how it plans to incorporate Small or Disadvantaged Firms in its delivery of services.
1i,,1, . /i,;\r,n, f BEAC H
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
Rt-Q 2O t5-086-YG 12
74
tt,'n,lAinrr'rl BEACH
SECTION O4OO STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below, lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager, The results of Step 1 & Step 2 Evaluations will be fonrrrarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to
the Evaluation Committee results by the Department of Procurement. An Evaluation Committee, appointed by the
City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
o review and score all Statement of Qualifications received, with or without conducting interview sessions; oro review all Statement of Qualifications received and short-list one or more Proposer to be further considered
during subsequent interview session(s) (using the same criteria).
Experience and Qualifi cations
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step
1, as follows.
Veterans Preference
RFA 20]5 086YG t3
75
lvn lA,n",n,, BEACH
4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement. Step I and 2
scores will be converted to rankings in accordance with the example below:
Committee
Member 1
Step 1
Points 82 /o 80
Step 2
Points 10 5 5
Total 92 81 85
Rank 1 3 2
Committee
Member 2
Step 1
Points 85 85 72
Step 2
Points 10 5 5
Total 95 90 77
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 71
Rank 1 2 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
Rro 2u r5-080-YG 14
76
APPENDIX A
MIAMIBTACH
Response Certificotion,
auestionnoire &
Req uirements Affid ovit
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
77
Solicitation No:
RFQ 2015-086-YG
Solicitation Title:
Master Planner of the North Beach District
Procurement Contact:
YusbelGonzalez, CPPB
Tel:
305-673-7000 Ext 6230
Email:
vusbeloonzaleztOmiamibeachfl .oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proooser lnformation.General Proposer lnformation.
FIRM NAME:No, of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST ,10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:lIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO,:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMIARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EIVAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
RFQ 20r5-086 YG AppendixA-Poge 1
78
4
5.
Veteran Owned Business. ls proposer claiming a veteran owned business status?I--l vrs f--l uo
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten ('1 0%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3)Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?[-l ves 'f--l
ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 ol the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statement of Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
RFQ 20 r 5-086-YG AppendixA-Poge2
79
8.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers
shall be required to pay all covered employees who provide services pursuant to this Agreement, the hourly living wage rates listed
below:
o Currently, the hourly living wage rate is $11.28/hr with health benefits of at least $1.64 an hour, or a living wage of not
less than $1232 an hour without health benefits.. Commencing January 1. 2015, the hourly living wage rate will be $11.62/hr with health benefits of at least
$1.69 an hour, or a living wage of not less than $13.31/hr without health benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-U) MiamiiFt. Lauderdale, issued by the U.S. Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its
sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and
fines, as provided in the City's Living Wage Ordinance, as amended. For further information about Living Wage requirements,
please contact the City's Contracts Compliance Administrator at 305-673-7490.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
l---l vrs [__-l ruo
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
l--_l vrs f--l ruo
C. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
RFa 20 r 5-086-YG AppendixA-Poge3
80
o Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY fWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees
with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receiot
Initial to Confirm
Remint
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
10.
RFa 201 5-086-YG AppendixA-Poge4
81
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any wananty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submrtted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmenlin-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and conskued in accordance with the laws of the State of Florida.
RFa 201 5-086-YG AppendixA-Poge5
82
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement, proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal, proposer acknowledges
that all information contained herein is pail of the public domain as defined by the State of Florida Sunshine and Public
Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications
Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Authonzed Representative:
Signature of Proposer's Aufionzed Representative:Date:
State of FLORIDA )
)
On this
-day
of
-,
20-, personally
appeared before me who
of
Countyof _) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
RFG 20I5.OB6-YG AppendixA-Poge6
83
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCUREMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
84
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TIME FOR REASON(S) CHECKED AND/OR IND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producVservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Gompany Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Yusbel Gonzalez
STATEMENTS OF QUALI FICATIONS #201 5.086.YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFG 201 5-086-YG Appendix B - p"ga i
85
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCU REMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
86
C1. MINIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum
requirement. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
1. Proposer must have a minimum of five (5) years' experience and have completed at least
five (5) projects similar in scope and volume demonstrating the Proposer's experience
providing services for the design of park facilities.
2. Architects and engineers must be licensed by the Florida Department of Business and
Professional Regulation.
C2. SCOPE OF WORK REQUIRED. The City of Miami Beach is soliciting "statements of
Qualifications" that the City may utilize to select a Master Planner for the North Beach District. The
North Beach District Master Plan will be focused on the area of the City that is north of 63rd Street,
The City is seeking services from a consulting firm or team with master planning, revitalization,
redevelopment, design, development, and implementation experience to assist the City in the
following:
1. develop the scope and deliverables of the desired master plan in conjunction with City
officials and other stakeholders as assigned by the City;
2. complete a master plan of the district within the agreed to scope and deliverables.
The study area will be the North Beach section of the City, which is located north of 63rd Street to
the northern city limit at 87th Terrace. Major developments have been built and historic structures
have been restored in all parts of the City in the recent past with the exception of the North Beach
area, where investment has been lagging.
The City has been studying ways to encourage and promote appropriate, redevelopment activity
for the 71st Street Corridor and Ocean Terrace, as well as encourage the preservation and
restoration of contributing buildings in the North Shore and Normandy lsles National Register
Districts. ln addition the City will be looking at appropriate ways to develop the City-owned "West
Lots".
At the request of the Mayor's Blue Ribbon Panel on North Beach the City seeks a qualified world
class consultant to establish a North Beach Master Plan. Once a qualified consultant is selected,
the City expects to work with the consultant to determine the scope of services for and refined
study area for the North Beach Master Plan,
RFG 20 I 5.086-YG AppendixC-Poge 1
87
APPENDIX D
MIAMIBEACH
Speciol Conditions
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCUREMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
88
1. TERM OF CONTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable,
5. INDEMNIFICATION. Not Applicable.
6. PERFORMANCE BOND. Not Applicable.
7. REQUlRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable.
9. DELIVERY REQUIREMENTS. Not Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
11. BACKGROUND CHECKS. Not Applicable.
12. PRECLUSIONS. The selected Propose(s) will not be precluded from providing
architectural/engineering services to the City for a subsequent phase of this project.
13. COMPETITIVE SPECIFICATIONS. lt is the goal of the City to maximize competition for the
project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans
& specifications that are in accordance with this goal. Under no condition shall Consultant include
means & methods or product specifications that are considered "sole source" or restricted without
prior written approval of the City.
RFQ 20I5.OB6-YG AppendixD-Poge I
89
APPENDIX E
MIAMIBEACH
I nsuro nce Requirements
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
90
MIAMIBTACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
The provider shall furnish to Department of Procurement, City of Miami Beach, '1700 Convention Center Drive, 3d Floor, Miami
Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined
single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage. .
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in connection with the
work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage.
D. Professional Liability lnsurance in an amount not less than $2,000,000 with the deductible per claim, if any, not
to exceed 10% of the limit of liability.
A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required
shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of
the vendor.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The company must be rated no less than "B+" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
The company must hold a valid Florida Certificate otornutnority as shown in the latest "List of All lnsurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
lnsurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modiflcation or change in insurance shall be made without thirty (30) days in advance notice to the
certificate holder. CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3d FLoOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under
any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFa 20r5-086-YG AppendixE-Poge I
91
APPEN DIX F
MIAMIBEACH
Somple Controct
RFQ No.20l 5-086-YG
Moster Plonner of the North Beoch
District
DEPARTMENT OF PROCUREMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33.l39
92
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
ffixxxxxxxxxxxxxxxx
Resolution No.
93
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINIT'OruS
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
R EI M B U RS A B L E 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
MISCELLANEOUS PROVISIONS
PAGE
2
7
13
16
17
18
19
20
21
22
23
24
25
26
26
27
94
SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSULTANT 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
95
TERMS AND COND'T'ONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXffi
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
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),andXXXffiXXXxXXXXXXX,aFloridaXxrc0fi)OqXXhavingitsprincipal
office at XXXXXXXXXXXXXXXXXXXXXXXXXXXX (hereinafter referred to as Consultant).
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:
96
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 matte(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
XXXXXXXXXXXXX No.XXXXXXXXXXX, entitled
"XXXXXXXXXXXXXXXXXXXffiXXXXXXX" 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
97
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 ;
XXXXXXXXXXXXXXXXXXXXXX.
1.6 PROJECT COORDINATOR: The "Project Coordinato/' 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 othenivise 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 Project Cost may, from time to time, be revised or adjusted by the City,
in its sole discretion, to accommodate approved modifications or changes to the Project or
scope of work.
1.9.2 ProiectScope: 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
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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 (20%) ot
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.
l.l0.l ConstructionCostBudget: 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 Project 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.
99
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 CONSTRUCTION: "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 DOCUMENTS: "Constructibn 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 fifty thousand
dollars ($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) 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
100
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 COSTS: "Soft Costs" shall mean costs related to the Prolect other than
Construction Cost including, without limitation, Consultant's Basic Services, Additional Services,
surveys, 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 SERVICES: "Scope of Services" shall include the Project Scope, Basic
Seryices, 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 - Prolect Schedule.
Schedule F - General Conditions of the Contract for Construction
101
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 Pro1ect 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
102
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
Documents and as set forth in Task 1 of
Services").
the Project, as required by the Contract
Schedule "A" hereto (entitled "Planning
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 required by the
Contract Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding
and Award Services").
2.5.4 Construction 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 Additiona! 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
103
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 Project 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.
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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 othenrvise 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,
105
unlaMul 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-fou r months (24) tr om f i na I accepta n ce.
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 fonivarded 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
106
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 Managed'). 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 Prolect 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 Prolect 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
107
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.
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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 othenryise 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
3.4
I ntentionally Omitted]
At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Prolect (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).
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3.5 lf the City observes or othenrvise 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 otherwise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement.
3.7.2 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
110
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 othenarise
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.
3.8.4 Intentionally Omitted]
3.8.5 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).
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ARTICLE 4. RESPONSIBILIW 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 othenruise 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 otherurise 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 Project and terminate the
remaining Services without any further liability to the City; (a) 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
112
City, at no additional cost to the Gity, 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 Pro1ect 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
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6.2
ARTICLE 6. RE!MBURSABLE 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 Project. 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 Project 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
114
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
(3%).
7.6 No retainage shall be made from the Consuliant'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).
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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 othenrvise), 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
116
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
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10.2.2
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or othenvise. 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.
In the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial
written default notice). Upon payment of any amount which may be due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
to the Project 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;
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provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initial written notice).
10.4.1The 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 Pro.lect 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.
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12.1
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
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 otheruvise 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).
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13.1
ARTICLE 13. ERRORS AND OMISSIONS
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
121
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.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
AttN: XXXXXXXXXXXXX
With a copy to:
Capital lmprovement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: ffi
All written notices given to the Consultant from the City shall be addressed to:
ffi
ffi
ffi
XXXXXXXXXXXXXXX
Attn: XXXXXXXXXXX
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
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16.1
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
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
FIOrida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CIry
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
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the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the
contract price (or othenvise 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.
16.5.2 Proiect Documents. 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.
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16.6
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.
16.7 WARRANTY:
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 SUCGESSORS 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.
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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.
g) 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.
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F:\atto\AGURIAGREEMENT FORMS\A & E AGREEMENTS\A & E Agreement - NEW BOILER PLATE (Clean Version 8-2-10).doc
lN 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
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SCHEDULE A
SCOPE OF SERVICES
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SCHEDULE B
CONSULTANT COMPENSATION
:
Schedule of Payments
PlanningServices* $ 0.00
Design Services* $XXXXXXXX
Bidding and Award Services $XXXXXXXX
Construction Administration * $XXXXXXXX
Reimbursable Allowance* $XXXXXXXX
Historic Preservation Board / Design Review Board (if required) $ 0.00
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note*: Construction Administration will be paid on a monthly basis upon commencement of
construction.
ln the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, and what shall
be at the City's sole discretion, the Consultant agrees to extend said services for $XXXXXX, per
month, for the duration required to complete the Project.
Note**: The Reimbursable Allowance belongs to the Gity and must be approved in writing, in
advance, by the Project Coordinator. Unused portions will not be paid to the Consultant.
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SCHEDULE C
HOURLY BILLING RATE SCHEDULE
130
SCHEDULE D
COSTRUCTION COST BUDGET
131
SCHEDULE E
PROJECT SCHEDULE
132
SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
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SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
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SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
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