C2C-Issue RFQ Constructability Cost And Value Engineering Review ServicesCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALTF|CATIONS (RFQ) NO. 2015-160-
YG FOR CONSTRUCTABILITY, COST. AND VALUE ENGINEERING REVIEW SERVICES.
Clerk's Office lative Track
T:\AGENDA\201 EMENflRFQ 201 5-'160-YG Constructability, Cost, and Value Engineering - ISSUANCE
SUMMARY.docx
AGENDA ITEM
Build And Maintain lnfrastructure With Full Accountabi
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The City's Capital lmprovement Program has grown from approximately $400 million to over $1.8 billion. The
active projects are valued at approximately $500 million. Quality improvement opportunities can be found by
having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the
attendant impact on project costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control
initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry
professionals that would be pre-selected as a result of the Request for Qualifications (RFa) selection process.
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects
located throughout the City that are in various stages of design, bid, and construction. The probable cost
estimates and construction drawings are developed by the design consultants during the design phase of the
work and reviewed by the stakeholder City Departments prior to the issuance of the lnvitation to Bid, (lTB).
The proposed quality control enhancements would utilize construction industry professionals, as needed,
during various phases of a project to provide construction cost estimates; constructability reviews; identify
value engineering alternatives; review pricing on bid submittals and provide overall input on construction
quality control issues. This involvement of independent industry professionals during the design process to
properly address the residents' needs, review alternate construction means and methods, establish quality
assurance/quality control procedures, provide comprehensive peer review of construction documents to
identify design deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the
monetary requirements for construction allows the City to forecast the monies required prior to issuance of any
necessary construction bonds and/or capital budget requirements.
Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a pool of qualified
successful proposer(s) for the provision of Constructability, Cost, and Value Engineering Review Services.
After City Commission award approval, the City will negotiate and establish contracts with the successful
proposers for a term of three (3) years, with options to renew for two (2) additional one (1) year periods.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2015-160-YG
for Constructabilitv. Cost, and Value Enqi Review Services.
N/A
Financial lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
Cac* MIAAAIBTACH DAT€33
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members of City Co
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: REQUEST FOR APPROVAL TO uE REQUEST FOR QUALTFTCATTONS (RFO)
ABILITY, COST, AND VALUE ENGINEERINGNO. 2015.160-YG FOR CONSTRU
REVIEW SERVICES.
ADMI NISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
The City's Capital lmprovement Program has grown from approximately $400 million to over
$1.8 billion. The active projects are valued at approximately $500 million. Quality improvement
opportunities can be found by having the ability to identify constructability issues and minimize
unforeseen conditions which will mitigate the attendant impact on project costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous
quality control initiatives utilizing dedicated in-house resources, as well as outside expertise
from construction industry professionals that would be pre-selected as a result of the Request
for Qualifications (RFO) selection process.
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood
projects located throughout the City that are in various stages of design, bid, and construction.
The probable cost estimates and construction drawings are developed by the design
consultants during the design phase of the work and reviewed by the stakeholder City
Departments prior to the issuance of the lnvitation to Bid, (lTB).
The proposed quality control enhancements would utilize construction industry professionals, as
needed, during various phases of a project to provide construction cost estimates;
constructability reviews; identify value engineering alternatives; review pricing on bid submittals
and provide overall input on construction quality control issues. This involvement of independent
industry professionals during the design process to properly address the residents' needs,
review alternate construction means and methods, establish quality assurance/quality control
procedures, provide comprehensive peer review of construction documents to identify design
deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately
identifying the monetary requirements for construction allows the City to forecast the monies
required prior to issuance of any necessary construction bonds and/or capital budget
requirements.
34
City Commission Memorandum - RFQ for Constructability, Cost, and Value Engineering Review Servrces
May 6, 201 5
Page 2 of 2
Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a
pool of qualified successful proposer(s) for the provision of Constructability, Cost, and Value
Engineering Review Services. After City Commission award approval, the City will negotiate and
establish contracts with the successful proposers for a term of three (3) years, with options to
renew for two (2) additional one (1) year periods.
SCOPE OF SERVICES
Please Reference Appendix C, Sub-Section C2 of RFQ 2015-160-YG for Constructability, Cost,
and Value Engineering Review Services (attached).
MINIMUM QUALIFICATIONS
Please Reference Appendix C, Sub-Section C1 of RFQ 2015-160-YG for Constructability, Cost
and Value Engineering Review Services (attached).
MINIM UM DOCUMENTATION SUBMITTAL REQUI REM ENTS
Please Reference Section 0300 - Submittal lnstructions and Format of RFQ 2015-160-YG for
Constructability, Cost and Value Engineering Review Services (attached).
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference Section 0400 - Statements of Qualifications Evaluation of RFQ 2015-160-YG
for Constructability, Cost and Value Engineering Review Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services.
ATTACHMENTS
RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services.
JLM/MT/AD
T:\AGENDA\2015\May\PROCUREMENT\RFQ 2015-160-YG - RFQ 2015-160-YG Constructability, Cost, and Value Engineering
Services - ISSUANCE MEMO.docx
35
REQUEST FOR QUALTFTCATTONS (RFa)
CONSTRUCTABILITY, COST, AND VATUE ENGINEERING REVIEW SERVICES
RFQ No. 2015-160-YG
RFQ ISSUANCE DATE: MAY 8,2015
STATEMENTS OF QUALIFICATIONS DUE: JUNE 1,2015 @ 3:00 PM
ISSUED BY: YUSBEL GONZALEZ, CPPB
MIAMIBEACH
Yusbel Gonzolez, CPPB
Senior Procurement Speciolist
DEPARTMENT OF PROCUREMENT
17OO Convention Center Drive, Miomi Beoch, FL 33,l39
30 5 .67 3 .7 0OO Ext. 62 3 0 yusbelgonzo lez@m io m i beochfl. gov
www.miomibeochfl.gov
36
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTrLrzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ..........3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 EVALUATTON PROCESS ........... ..........12
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........14
APPENDIX B "NO BID" FORM .....21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..,,,,,...,......,,23
APPENDIX D SPECIAL CONDITIONS ........... ,,,,...,,,,,,..26
APPENDIX E INSURANCE REQUIREMENTS ,.............28
APPENDIX F SAMPLE CONTRACT..... ......30
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SECTION O2()() 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 prospective Proposer to submit their qualifications, 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 proposal submitted.
2. PURPOSE.
The City of Miami Beach is soliciting Statements of Qualifications to establish a pool of qualified successful
propose(s) for the provision of Constructability, Cost, and Value Engineering Review Services. After City
Commission award approval, the City will negotiate and establish contracts with the successful proposers for a term
of three (3) years, with options to renew for two (2) additional one (1) year periods.
The successful proposers will be assisting the City with: constructability reviews, value engineering analysis to
identify potential cost savings, technical specification reviews, identifying alternate construction means and methods,
establishing accurate project scheduling, establishing quality assurance/quality control guidelines, meeting with the
design team and City during the development of a project, and participating in the review of bids or proposals, These
review services will be for the various current and up-coming, Right of Way (ROW) neighborhood improvement
projects, underground utility and facilities projects under development by the City. When professional services are
required, a proposed project will be analyzed in terms of the predominant professional specialty required, and a firm
will be selected from the appropriate specialization list.
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued May 8, 2015
Pre-Submittal Meetinq May 15, 2015 at 10:00 AM
Deadline for Receipt of Questions May 19, 2015 at 5:00 PM
Resoonses Due June 1 ,2015 at 3:00 PM
Evaluation Committee Review & Proposer Presentations
(lf Required)
June 10,2015
Tentative Commission Aporoval June 20, 2015
Contract Neootiations Followinq Commission Aoproval
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4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement contact noted below:
Procurement Contact:
Yusbel Gonzalez, CPPB
Telephone: Email:
305-673-7490Ext.6230 yusbelqonzalez@miamibeachfl.qov
Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.qov;
or via 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 proposals 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.
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only 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 the Solicitation Timetable above at the following address:
City of Miami Beach
City Hall- 4ttt Floor
City Manager's Large 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) Dial the 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 Proposer 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
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF 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.asox?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 rafaelgranado@miamibeachfl,gov.
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8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http :l/web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE.... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371r DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES.. . CITY CODE SECTIONS 2481 THROUGH 2-406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
ISSUES.,..,.,.... CITY CODE SECTION 2488. REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-373. LIVING WAGE REQUIREMENT.,.,...... CITY CODE SECTIONS 2407 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 0RD|NANCE.... CITY CODE SECTION 70-300
r ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF 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, Statements of
Qualifications Evaluation, 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 relection of all Statement of
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, reject 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 reject all Statement of Qualifications. Upon
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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(s) is considered to be an independent contractor, and that neither the Propose(s), nor the
Proposer's employees, agents, and/or contractors, shall, under any clrcumstances, 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 Proposer'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.
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,
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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 contractor 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 contractor 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 contractor 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. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer'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 proposers 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 supplied to the City.
25. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her 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.
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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 CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. 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 propose/s proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor 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 contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor 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 contractor
expressly understands and agrees that any insurance protection required by this Agreement or othenrvise provided
by the contractor 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 Contractor 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 contractor.
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($, 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, Contractor agrees to be in full compliance with Florida Statute 1'19.0701 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
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 otherwise 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 contractor 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
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must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATION/WITHDRAWALS 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 writlng 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 clearly 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 reject 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 RFQ).
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.
Balance of Pase lntentionallv Left Blank
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sEcTtoN 0300 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, seven (7) 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 rejected,
2. LATE BIDS. Statement of Qualifications are to be received on or before the due date/time 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 othenarise.
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
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and propose/s primary contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire and 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 Specifications.
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history, relevant experience and
proven track record of providing the scope of services as identified in this solicitation to public sector clients (i,e.
municipal governments, agencies or levels of government). Proposer must submit relevant projects, performed in the
last five (5) years as evidence of experience; the following is required for each project: project name and description,
assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month
and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of
construction (estimated and actual).
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel, support personnel and sub-
consultants to be used, if awarded, and the role that each team member will play in providing the services detailed
herein. A resume of each individual, including education, experience, applicable licenses, and any other pertinent
information, shall be included for each respondent team member on the organizational chart who is assigned a role on
this contract.
Proposer shall also provide a list of a minimum of three (3) pro.lects, performed in the last flve (5) years, which
demonstrates the teams' experience in providing constructability, cost, and value engineering services for right-of-way
improvement projects, including but not limited to: stormwater improvements, water main improvements, enhanced
landscape/streetscape treatments, asphalt paving/resurfacing, street signage/striping, sidewalk construction/repair.
RFA 20 r s-r 6GYG t0
45
MIAMIBEACH
2,3 Qualifications of Project Manager. Provide a comprehensive summary that elaborates on the experience and
qualifications of the individual who will be selected to serve as the firm's project manager for this contract,
(recommended 1 to 2 pages)
2.4 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=11696
Proposers 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 submitta! 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 at800-424-2495.
&
Submit detailed information on the approach and methodology of how the proposer plans to accomplish the scope
of services outlined in the RFQ.
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).
RFA 2015-160-YG 1l
46
MIAMIBEACH
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 fonruarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. 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:. Review and score all Statement of Qualifications received, with or without conducting interview
sessions; or. 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 Qualifications
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 2015 t60YG toIL
47
MIAMIBEACH
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 1 and2 scores
will be converted to rankings in accordance with the example below:
. 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.
Committee
Member I
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Committee
Member 2
Step 1
Points 79 85 72
srep z
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 89 78
Rank 1 2 3
RFA 201 5-t 60 YG 'I .)
IJ
48
APPENDIX A
MIAMIBEACH
Response Certificotion,
auestionnoire &
Req uirements Affidovit
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
49
MIAMIBEACH
Solicitation No:
RFO No 2015-160-YG
Solicitation Title:
Constructabilitv, Cost, and Value Enoineerino Review Services
Procurement Contact:
YusbelGonzalez, CPPB
Tel:
305-673-7000 Ext.6230
Email:
vus belo onzalez(O miam i beachfl . oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective proposers of certain solicitation and contractual requirements, and to collect necessary information from
proposers in order to confirm 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 Proposer lnformation:
FIRM NAME:
No of Years in Business:No of Years in Business Locally: I No of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
L;I I Y:
STATE:ZIP UUUE:
TELEPHONE NO,:
I-OLL FREE NO.:
FAX NO,:
FIRM LOCAL ADDRESS:
IY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
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.
RFA 201 5-t 6GYG AppendixA-Poge 1
50
2.
MIAMIBEACH
Veteran Owned Business. ls proposer claiming a veteran owned business status?f--l vrs [--] tto
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 0f lnterest. All Proposals must disclose, in their Statement of Qualiflcations, 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. Fufter, 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 (10%) percent or more in the Proposer entity or any of
its affiliates
References and 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
individual name and 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-_--] vrs [__-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 of 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 conkolling
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.
The living wage rate and health eare henefits rate may, by Reselutien ef the eity eemmissien be indexed annually fer inflatien
us+ng the eensumeFPd
5.
6.
7.
RFQ 2015-r60-YG AppendixA-Poge2
51
8.
MIAMIBEACH
@
fines; as previded in the City's tiving Wage Ordinanee, as amended, Further infermatien en the tiving Wage requirement is
@
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 fulltime 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 t'to
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 l---l r,ro
C. Please check all benefits that apply to your answers above and list in the "other" 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(s)
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.
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. 287017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
9.
RFA 2015 r60YG AppendixA-Poge3
52
'10.
MIAMIBEACH
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 addendums may result in proposal disqualification.
lnitial to Confirm
Receiot
lnitial to Confirm
Receinl
lnitial to Confirm
Rcnpinl
Addendum 1 Addendum 6 Addendum 11
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.
RFA 2015-160-YG AppendixA-Poge4
53
MIAMIBEACH
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 warranty
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 submitted 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 Governmentin-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 construed in accordance with the laws of the State of Florida.
RFa 2015-t60YG AppendixA-Poge5
54
MIAMIBEACH
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 undenstand 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 pafty to any
other proposal; proposer acknowledges that all information contained herein is part 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 Authorized Representative:
Signature of Proposer's Authorized Representative:Date:
State of FLORIDA )
)
County of _)
On this _day of _, 20_, personally
appeared before me who
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:
RFA 2015 r60YG AppendixA-Poge6
55
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFQ No .20] 5-144-YG
Constructobility, Cost, ctnd Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
56
MIAMIBEACH
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS
TIME FOR REASON(S) CHECKED AND/OR INDICATED 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 producUservice
_OTHER (Please specify)
Wedo_do
type product
not _ want to be retained on your mailing list for future proposals of this
and/or service.
Signature:
Title:
Lega! Company 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
ATTN: Yusbel Gonzalez, CPPB
STATEMENTS OF QUALI FICATIONS #201 5.1 6O.YG
1700 Convention Center Drive, 3'd Floor
MIAMI BEACH, FL 33139
RFQ 20r5-r60-YG AppendixB-Poge 1
57
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
58
C1. Minimum Requirements: The Minimum Eligibility Requirements forthis 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 be a State of Florida Certified General Contractor, State of Florida Certified
Under Ground Utility Contractors or licensed engineering or architectural firm by the State of
Florida Department of Business and Professional Regulation, regularly engaged in the
business of providing the professional specialization services as described in this RFQ.
Submittal Requirement: Provide a copy of the required Iicense(s).
2. Proposer must have a minimum of five (5) years' experience providing the services outlined in
the RFQ and must have successfully completed at least three (3) projects for public sector
clients (i.e, municipal governments, agencies or other levels of government) demonstrating
experience in providing constructability, cost, and value engineering review services.
Submittal Requirement: for each project, submit project name and description,
assigned tasks and responsibilities, agency (client) name, agency (client) contact,
contact telephone and email, month and year the services were started and completed,
term of engagement, total cost and/or fees paid to your firm, total cost of construction
(estimated and actual).
3. Prolect Manager must have a minimum of five (5) years' experience providing the services
outlined in the RFQ and must have successfully completed at least three (3) prolects for public
sector clients (i.e. municipal governments, agencies or other levels of government)
demonstrating experience in providing constructability, cost, and value engineering review
services.
Submittal Requirement: for each project, submit project name and description, project
manager duties and responsibilities, agency (client) name, agency (client) contact,
contact telephone and email, month and year services were started and completed, and
the term of engagement.
C2. Statement of Work Required
I. BACKGROUND
The City's Capital lmprovement Program has grown from approximately $400 million to over $1.8 billion,
The active projects are valued at approximately $500 million. Quality improvement opportunities can be
found by having the ability to identify constructability issues and minimize unforeseen conditions which will
mitigate the attendant impact on pgect costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality
control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction
industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ)
selection process.
59
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood prolects
located throughout the City that are in various stages of design, bid, and construction. The probable cost
estimates and construction drawings are developed by the design consultants during the design phase of
the work and reviewed by the stakeholder City Departments prior to the issuance of the lnvitation to Bid,
(rTB)
The proposed quality control enhancements would utilize construction industry professionals, as needed,
during various phases of a project to provide construction cost estimates; constructability reviews; identify
value engineering alternatives; review pricing on bid submittals and provide overall input on construction
quality control issues. This involvement of independent industry professionals during the design process to
properly address the residents' needs, review alternate construction means and methods, establish quality
assurance/quality control procedures, provide comprehensive peer review of construction documents to
identify design deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying
the monetary requirements for construction allows the City to forecast the monies required prior to issuance
of any necessary construction bonds and/or capital budget requirements.
II, STATEMENT OF WORK REQUIRED.
The successful propose(s) will be required to provide the City with constructability reviews, value
engineering analysis to identify potential cost savings, technical specification reviews, identify alternate
construction means and methods, establish accurate project scheduling, and establishing quality
assurance/quality control guidelines. The successful proposers will meet with the design team and the City
during the development of a project and participate in the review of bids or proposals as needed.
Furthermore, the successful proposers will be required, but not limited to:. Provide detailed quantity take off of materials required to complete various projects in accordance
with Technical Specifications and design documents,o Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit
prices, based on past comparable unit costs specifically associated with the South Florida Marketo Provide detailed constructability review with recommendations for alternate means and methods of
construction activities, value engineering, scheduling and construction sequencing that will
potentially reduce costs of the project,o Provide a cost comparison to a recognized construction cost estimating servlce adjusted for South
Florida construction, (RS Means or equivalent). The estimates will be contained in a single
spreadsheet showing cost comparisons individually tabulated.o ldentify any comparable prolects, including completion dates that were used to develop the
construction cost estimate,. Support City Staff and participate in the value engineering reviews with contractor.. Support City Staff in the bidding and award phase of pqects.
60
APPENDIX D
MIAMIBEACH
Specio! Conditions
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
61
MIAMIBEACH
f . TERM OF CONTRAGT. Three (3) Years
2. OPTIONS TO RENEW. Two (2) additional one (1) year options
3. PRICES. Not applicable.
4. EXAMINATION OF FAGILITIES. Not applicable
5. INDEMNIFICATION. Not applicable
6. PERFORMANCE BOND. Not applicable
7. REQUIRED CERTIFICATIONS. Not applicable
8. SHIPPING TERMS. Not applicable
9. DELIVERY REQUIREMENTS. Not applicable
10. WARRANTY REQUIREMENTS. Not applicable
11. BACKGROUND CHECKS. Not Applicable
12. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Sample
Contract, contains all the terms and conditions applicable to any service being provided to the
City resulting from award of contract. By virtue of submitting a proposal, consultant agrees not
to require additional terms and conditions at the time services are requested, either through a
separate agreement, work order, letter of engagement or purchase order.
13. PRECLUSION. Successful Proposer and sub-consultants contracted to provide
constructability, cost, and value engineering services for a particular project are precluded from
bidding/responding to the competitive solicitation for the design and/or construction of the
project.
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APPENDIX E
MIAMIBEACH
I nsuro nce Req uirements
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCUREMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33'139
63
MIAMIBEACH
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.
XXX 1. Worker's Compensation lnsurance for all employees of the vendor as required by Florida
Statute 440,
XXX 2. 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,
XXX 3. 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.
XXX 4. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible per
claim, if any, not to exceed 10o/o of the limit of liability.
XXX 5, The City must be named as and additional insured on the liability policies; and it must be
stated on the certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_,00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_,00
XXX 7, Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating A-:Vll or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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,
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APPENDIX F
MIAMIBEACH
Somple Controct
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
65
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
ITNSERT CONSULTANT NAMEI
FOR
CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES
Resolution No.
AppendixE-Poge 1
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TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1. DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABLE EXPENSES
ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
ARTICLE 11. INSURANCE
PAGE
3
8
15
21
22
22
23
25
26
26
27
28
28
18
19
20
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
ARTICLE 16.
INDEMNIFICATION AND HOLD HARMLESS
ERRORS AND OMISSIONS
LIMITATION OF LIABILITY
NOTICE
MISCELLANEOUS PROVISIONS
SCOPE OF SERVICES
SPECIAL TAXING DISTRICT MAP
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
BEST VALUE AMENDMENT
SCHEDULES:
SCHEDULE A
SCHEDULE A-1
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
34
49
50
51
52
53
54
83
84
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
UNSERT CONSULTANT NAME]
FOR
CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES
This Agreement made and entered into this _ day of _, 2015, by and between the CITY OF MIAMI
BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida,33139, (hereinafter referred to as City), and [ENTER
CONSULTANT NAMEI, a [ENTER STATE OF INCORPORATION] corporation having its principal office at
IENTER ADDRESSI (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, fuE services for the Project,
at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
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
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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 Qualification No. 2015-
160-YG, entitled "Request for Qualification for Constructability, Cost, and Value Engineering Review Services,
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. 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 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:
1.6 PROJECT COORDINATOR: The "Project Coordinator" 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 otherurise in this Agreement or the Contract Documents).
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1.7 flntentionallyOmitted]
1.8 BASIG 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 Proiect Gost: 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 Prolect 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 actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from time to
time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the
construction cost for new construction, or twenty percent (20o/o) of the construction cost for rehabilitation of
historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive
bid received and accepted from a responsive and responsible bidder or proposer for such Work.
1 .10.1 Construction Cost Budqet: The "Construction Cost Budget" shall mean the amount budgeted
by the City for the Construction Cost, as set forth in Schedule "D" hereto.
1.10.2Statementof ProbableGonstructionCost:The "Statement of Probable Construction Cost"
shall mean the latest approved written estimate of Construction Cost submitted by the 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.
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1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force
occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes,
floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local
laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the
parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project,
or on the rights and obligations of the parties under this Agreement and which, by the exercise of due
diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except
as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor
conditions, construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the
Consultant shall request a time extension from the Project Coordinator within five (5) business days of said
force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim
by the Consultant for extra compensation, unless additional services are required, and approved pursuant to
Article 5 hereof.
1.12 CONTRACTOR: "Contractod' 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.
With regard to this Agreement, in particular, the term "Contractor" shall refer to the Design-Build firm
contracting with the City for performance of the design services and Work for the Project.
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 Conditionsl, Divisions 0-17, Design Criteria Package, an approved Change Order(s), approved
Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: ln this Agreement, the term "Contract for Construction" shall
mean the legally binding agreement between City and with Contractor, which is intended to be a Design-Build
contract for performance of the design services and Work for the Prolect.
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1.15 CONSTRUGTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical
specifications, drawings, documents, and diagrams prepared by the Contractor pursuant to its Contract for
Construction, which show the locations, characters, dimensions and details of the Work to be done, and
which are in compliance with 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 fifty thousand ($50,000.00), the City Manager reserves the right to seek and obtain
concurrence of the City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVIGES: "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 Project 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.
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72
1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any
Additional Services (as approved by the City), all as described in Schedule "A" hereto.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred
to as follows:
Schedule A
Schedule B
Schedule C -
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
Scope of Services.
Consultant Compensation.
Consultant Hourly Billing Rate Schedule.
Construction Cost Budget.
Project Schedule.
General Conditions of the Contract for Construction
lnsurance Requirements and Sworn Affidavits
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 Project 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
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Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the
Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services
with all of its sub-consultants, as well as other Consultants, including, without limitation, City provided
Consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement
shall be performed in accordance with the standard of care normally exercised in the design of comparable
projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified,
and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and
represents to City that it is responsible for the technical accuracy of the Services (including, without limitation,
the Contract Documents contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of Planning Services, Design
Services, Bidding and Award Services, Construction Administration - Contractor's Design Phase, and
Construction Administration - Construction Phase, 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 PlanningServices:
Consultant shall provide a Planning Services for the Project, as required by the Contract Documents
and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services").
2.5.2 Desiqn Services:
Consultant shall prepare design documents for the Project, as required by the Contract Documents and
as set forth in Task 2 of Schedule t'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 Gonstruction Administration - Contractor's Design Phase:
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 - Contractor's Design Phase").
2.5.5 Construction Administration - Construction Phase:
Consultant shall provide construction administration services for the Project, as required by the
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Contract Documents and as set forth in Task 5 of Schedule "A" hereto (entitled "Construction
Administration - Construction Phase").
2.5.6 Additional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in
Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by
the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of
any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of
its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall
such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect,
error or omission in designs, working drawings, plans, technical specifications, or other technical documents;
provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt is understood that time is of the essence in the completion of the Project and, in this respect,
the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties (subject to
approval of the Agreement by the Mayor and City Commission) (the Effective Date), and shall be in
effect until all Services are completed or until the work and/or services under the Notices to Proceed in
force at the end of the stated period of time have been completed and the Services accepted,
whichever may be later.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of
professional skill and care required by this Agreement, and the orderly progress of the Work.
2.7.3 The Services shall be performed in a manner that shall conform to 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
Appendix E - Poge
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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.
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 othenvise 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. fhe
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 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
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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, 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-four months (24) from final acceptance.
2.9.2 Gonsultant 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.
210 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
foruvarded 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.
2.1 1 [ntentionally Omitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under
Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice
and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to
provide same.
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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 Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant
with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project
Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his
designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an
approved Project Manager shall not be made without the prior written approval of the City Manager or his
designee (i.e. the Project Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City
Manager or his designee (which notice shall state the cause therefore), to promptly remove and replace
a Project Manager, or any other personnel employed or othenvise 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 its work on the Project. lf, during the course of
performing of the Services, Consultant determines that work should be performed to complete its work on the
Project, and which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in
the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the
Project Coordinator's written consent before proceeding with such work. lf Consultant proceeds with any such
additional work without obtaining the prior written consent of the Project Coordinator, said work shall be
deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Coordinator shall
not constitute authorization or approval by the City to perform such work. Performance of any such work by
Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's
sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records
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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.
218 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of
the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and
Environmental Design (LEED) compliance requirements.
2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those
commitments made by the Consultant in its Proposal and during the competitive solicitation selection process
and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements
between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the
rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and the sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the
City Manager, in response to a written request from the Consultant stating the reasons for any proposed
substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility
for the quality and acceptability by the City of the services performed by the sub-consultant from the
Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-
consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-
consultants responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized
representative to coordinate, direct, and review all matters related to this Agreement and the Project (except
unless othenvise expressly provided in this Agreement or the Contract Documents) during the design and
construction of same. 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
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instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying
changing, (in any way) the following:
the Scope of Services;
the time within which Consultant is obligated to commence and complete the Services; or
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 [ntentionally Omitted]
3.4 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).
3.5 lf the City observes or otherurise 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.
The City Commission shall be the final authority to do or to approve the following actions or conduct,
a)
b)
c)
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by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where othenruise expressly noted in the Agreement or the Contract Documents, the City
Commission shall be the body to consider, comment upon, or approve any amendments or
modifications to this Agreement.
3.7.2The City Commission shall be the bodyto consider, comment upon, orapprove anyassignment,
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
fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami
Beach Procurement Ordinance, as amended).
3.8 Except where otherurise 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 othenruise expressly noted in this Agreement or the
Contract Documents, the City Manager shall issue decisions and authorizations which may include, without
limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts,
and other documents submitted to the City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any
replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters
arising pursuant to this Agreement which are not othenvise 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.
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3.8.4 [ntentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of fifty
thousand dollars ($50,000.00) (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).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "D",
attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by the
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 othenivise
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 othenvise 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
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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;
(4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the
Construction Cost Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. ln
the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to
the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding
services, as many times as reasonably requested by the City, at no additional cost to the City, in order to
bring any resulting, responsive and responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by
the Project Coordinator (which authorization must be obtained prior to commencement of any such additional
work by Consultant). The written authorization shall contain a description of the Additional Services required;
an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount;
Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if
applicable); the time required to complete the Additional Services; and an amended Project Schedule (if
applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not
exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a
guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the
expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables,
expense reviews).
5.2 Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and
causes which do not currently exist, or which are not contemplated by the parties at the time of
execution of this Agreement (excluding circumstances and causes resulting from error, omission,
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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.
4 5.2.3 [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).
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures
made by the Consultant in the interest of the Prolect. The Reimbursable Expenses allowance, as specified in
Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by
City for Reimbursable Expenses shall remain with the City (i.e. unused portions will not be paid to
Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance,
in writing, by the 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."
6.2 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).
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ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be , including a
Reimbursable Expenses allowance of $
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 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 "G" 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 Consultant's compensation on account of sums withheld by the City
on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely
manner, but no more than once on a monthly basis. lnvoices shall identify the nature and extent of the work
performed; the total hours of work performed by employee category; and the respective hourly billing rate
associated therewith. ln the event sub-consultant work is used, the percentage of completion shall be
identified. lnvoices shall also itemize and summarize any Additional Services and/or Reimbursable
Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or
Reimbursable Expense(s) shall accompany the invoice.
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7 .7.1 lf requested, Consultant shall provide back-up for past and current invoices that records hours
for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of
an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written
approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or othenvise), 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
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owned by a third party and used or reproduced by the Consultant in the performance of this Agreement.
Nothing contained herein shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written
approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted
material for additional or other work for the City; however, payment to the Consultant for such adaptations will
be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted
material to a new site.
9.4 The City shall have the right to modify the Project or any components thereof without permission from
the Consultant or without any additional compensation to the Consultant. The Consultant shall be released
from any liability resulting from such modification.
9.5 The Consultant shall bind all 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 its sole option and
discretion, may take over the remaining Services and complete them by contracting with another
Consultant(s), or othenruise. 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
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cost of completion of the Services, and the cost of completion of such Services had the Agreement not
been terminated.
10.2.2 ln the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as
such date is set forth in, or can be calculated from, the City's initial written default notice). Upon
payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City
shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to Consultant under
subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any
and all Project documents prepared (or caused to be prepared) by Consultant(including, without
limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost
incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this
subsection.
10.3 TERMINATION FOR CONVENIENCE: ln addition to the City's right to terminate for cause, the City
through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to
Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such
termination to be in the best interest of the City. ln the event the City terminates the Agreement for
convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to
the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and
delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon
payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no
further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause,
upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of
this Agreement or unreasonably delays payment of the Services or any portion thereof. ln the event of a
termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed
and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30)
day cure period (commencing upon receipt of Consultant's initial written notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause or for
convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1)
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stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those
which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders
and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required
insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory
proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability lnsurance, in the amount of [ENTER AMOUNT], per claim, with a
maximum deductible of [ENTER AMOUNT] per claim, $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 I nsurance policy.
(b) Comprehensive General Liability lnsurance, in the amount of [ENTER AMOUNT], 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
Florida law.
under
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of
cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its equivalent,
according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the
State of Florida, and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance
policies. The City reserves the right to require a certified copy of such policies, upon written request to
Consultant.
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ARTICLE 12. !NDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the
City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant
in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant
expressly understands and agrees that any insurance protection required by this Agreement or otherurise
provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and
defend the City or its officers, employees, agents, and instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of
the Consultant in which the City participated either through review or concurrence of the Consultant's actions.
ln reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the
City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation
its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: lt is specifically agreed that any construction changes categorized by
the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were
prepared by the Consultant will constitute an additional cost to the City that would not have been incurred
without the error. The damages to the City for errors, omissions or any combinations thereof shall be
calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or
omissions by the Consultant.
Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the
Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination
thereof, the Consultant may appeal this determination, in writing, to the City's Capital lmprovement Projects
Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive
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and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. ln the
event that the Consultant does not agree with the decision of the Director, the Consultant shall present any
such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision
of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of
competent jurisdiction after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any
cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability
for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant under this
Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its
willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action
for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any
amount(s) actually paid by the City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees
that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this
Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees under this Agreement,
which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of
the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
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:City Manager
With a copy to:
Procu rement Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Alex Denis, Director
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All written notices given to the Consultant from the City shall be addressed to:
[ENTER CONSULTANT NAME AND ADDRESS]
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return
receipt requested.
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, in Federal Court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement because of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age,
and will take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation,
disability, marital or familial status, or age.
16.3 PUBLIC ENTITY CRIMES ACT: ln accordance with the Public Entity Crimes Act (Section287.133,
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 sub-consultant 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
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16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this subsection, City shall have the right to terminate the Agreement, without any
liability or, at its discretion, to deduct from the contract price (or 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 lof the State Constitution. lnformation made exempt bythis paragraph, with priorwritten
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.
16.5.2.2The Consultant and its sub-consultants agree in writing that the Prolect documents are to be
kept and maintained in a secure location.
16.5.2.3Each 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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16.5.2.4A 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.
16.6 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 these 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: The Consultant warrants that the Services furnished to the City under this Agreement
shall conform to the quality expected of and usually provided by the profession in the State of Florida
applicable to the design and construction of public and commercial facilities.
16.8 NON-EXCLUSIVIW: 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.
16.9 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.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her
partners, successors, legal representatives and assigns to the other party of the Agreement and to the
partners, successors, legal representatives, and assigns of such party in respect to all covenants of this
Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or
reject all proposed assignees, successors or other changes in the ownership structure and composition of the
Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: ln the performance of the
Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages,
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materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said
Services.
16,12 INTENT OF AGREEMENT:
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.
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.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions
hereof or of any power or right herein reserved to the City or of any rights to damages herein provided.
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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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
CONSULTANT: [ENTER CONSULTANT NAME]
Attest
Signature/Secretary Signature/President
Print Name Print Name
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SCHEDULE A
SCOPE OF SERVICES
AGREEMENT BETWEEN
THE C|TY OF MrAMr BEACH & [ENTER CONSULTANT NAME]
CONSTRUCTABILIry, COST, AND VALUE ENGINEERING REVIEW SEVICES
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SCHEDULE B
CONSULTANT COMPENSATION
AGREEMENT BETWEEN
THE CITY OF MtAMr BEACH & [ENTER CONSULTANT NAMEI
CONSTRUGTABILIW, COST, AND VALUE ENGINEERING REVIEW SEVICES
Project Name and No:
Scope of Services:
Fee for this Service Order:
Note: These services will be paid lump sum based on percentage of work complete as identified in the
Gonsultant Service Order.
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SCHEDULE C
HOURLY BILLING RATE SCHEDULE
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SCHEDULE D
COSTRUCTION COST BUDGET
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SCHEDULE E
PROJECT SCHEDULE
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SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
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SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
SEE ATTACHED
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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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