C2A-Issue RFQ A-E Design Services For The Lincoln Road District ImprovementsCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALTFTCATTONS (RFQ) NO. 2015-
245.K8 FOR ARCHITEGTURAL AND ENGINEERING DESIGN SERVICES FOR THE LINCOLN
ROAD DISTRICT IMPROVEMENTS
Maximize The Miami Beach Brand As A World Class Destination
N/A
Data Environmental Scan, etc.
Item Su mmary/Recommendation :
Board Recommendation:
Clerk's Office
AGENDA,T=* C
On September 10, 2014, pursuant to RFQ 2014-050-SR, City Commission approved James
Corner Field Operations, LLC, to complete the Master Plan for the Lincoln Road District. A
Master Plan is being finalized and is pending approval from City Commission. ln order to
implement the master plan, once approved by the City Commission, Architectural/Engineering-
services are needed, as well as related services.
As a result, the Administration is proposing to issue a Request for Qualifications (RFO) seeking
proposals from qualified Consultants for architectural and engineering design services for the
Lincoln Road District lmprovements ("the Project"). The project encompasses the Lincoln Road
pedestrian mall inclusive of Lincoln Lane North and Lincoln Lane South from Lennox Avenue to
Collins Avenue. The project extends to 16th Street along Drexel Avenue. The Consultant shall
provide as needed architectural, structural engineering, civil engineering, MEP engineering,
landscape architecture, traffic studies, construction cost estimating, surveying, and geotechnical
services for the Project. The work shall include, but not be limited to, conceptual drawings,
surveying, geotechnical, design development, estimates of probable construction cost,
construction documents, permitting, bidding/award, and construction administration services for
the Project.
The City seeks Proposals from professional consulting architecturaliengineering firms which
have proven experience in the preparation of construction contract documents for open air
pedestrian shopping districts and related infrastructure. The successful firm shall have the
expertise to conduct the design, bid and award, and construction administration services for
these Lincoln Road District lmprovements and prepare the associated construction contract
documents that allow the City of Miami Beach to advertise, bid and award a contract for the
construction services.
RECOMMENDATION
To seek proposals from interested parties, the City Manager recommends that the Mayor and
City Commission of the City of Miami Beach, Florida authorize the issuance of RFQ No.2015-
245-KB for Architectural and Engineering Design Services for the Lincoln Road District
lm
Financial lnformation:
Financial lmpact Summary: The design phase portion of this project will not utilize grant
Denis, David Martinez
(D MIAMIBEACH ctArF l0- I V- I27
MIAMIBEACH
City of Miomi Beoch, lZO0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
C
the City
SSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14th, 2015
REQUEST FOR APPROVAL TO rSFUE A REQUEST FOR QUALIF|CATIONS (RFO)
NO. 2015.245.K8 FOR ARCHITECruRAL AND ENGINEER!NG DESIGN SERVTCES
FOR THE LINCOLN ROAD DISTRICT IMPROVEMENTS
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
On September 10, 2014, pursuant to RFQ 2014-050-SR, City Commission approved James Corner
Field Operations, LLC, to complete the Master Plan for the Lincoln Road District. A Master Plan is
being finalized and is pending approval from City Commission. ln order to implement the master plan,
once approved by the City Commission, Architectural/Engineering services are needed, as well as
related services.
As a result, the Administration is proposing to issue a Request for Qualifications (RFO) seeking
proposals from qualified Consultants for architectural and engineering design services for the Lincoln
Road District ("the Project"). The project encompasses the Lincoln Road pedestrian mall inclusive of
Lincoln Lane North and Lincoln Lane South from Lennox Avenue to Collins Avenue. The project
extends to 16th Street along Drexel Avenue. The Consultant shall provide as needed architectural,
structural engineering, civil engineering, MEP engineering, landscape architecture, traffic studies,
construction cost estimating, surveying, and geotechnical services for the Project. The work shall
include, but not be limited to, conceptual drawings, surveying, geotechnical, design development,
estimates of probable construction cost, construction documents, permitting, bidding/award, and
construction administration services for the Project.
The City seeks Proposals from professional consulting architectural/engineering firms which have
proven experience in the preparation of construction contract documents for open air pedestrian
shopping districts and related infrastructure. The successful firm shall have the expertise to conduct
the design, bid and award, and construction administration services for these Lincoln Road District
lmprovements and prepare the associated construction contract documents that allow the City of
Miami Beach to advertise, bid and award a contract for the construction services.
M NIMUM QUALIFICATIONS. Please Reference, Appendix C, RFQ 2015-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFQ 2015-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
TO:
FROM:
DATE:
SUBJECT:
28
City Commissioner Memorandum - Architectural and Engineering Design Services for the Lincoln Road
September 2,2015
Page 2 of 2
CRITERIA FOR EVALUATION. Please Reference Section 0400, RFQ 201 5-245-KB for Architectural
and Engineering Design Services for the Lincoln Road District lmprovements (attached).
CONCLUSION
The City Manager recommends that the Mayor and Commission authorize the issuance of the RFQ for
Architectural and Engineering Design Services for the Lincoln Road District lmprovements is subject to
funds availability approved through the City's budgeting process
ATTACHMENTS
Attachment A: RFQ 2015-245-KB for Architectural and Engineering Design Services for the Lincoln
Road District lmprovements.
JLM/MT/EC/AD/DM
T:\AGENDA\201S\SeptembeAPROCUREMENT\RFQ 2015-245-KB A&E Lincoln Road - lssuance Memo.doc
29
REQUEST FOR QUALI F
For Architecturol ond Engineering Design
lmprovements
RFA 201s-2As-KB
cATroNS (RFe)
Services for the Lincoln Rood District
RFO r.::::,-?UAnCe DAtEliOicroBER 16rH, 2015
STATEMENTS OF QUALIFICATIONS DUE: DECEMBER 3RD, 2015
ISSUED BY::*RISTY BADA1 it
MIAAAIBEACH
Kristy Bodo
PROCUREMENT DEPARTMENT
1755 MERIDIAN AVENUE, 3RD FLOOR; MIAMI BEACH, FLORIDA 33139
305 .673 .7 490 | kbodo@miomibeochfl.gov
www.miomibeochfl.gov
30
SOLICITATION SECTIONS:
l.,4iAMiBTACLJ
TABLE OF CONTENTS
PAGE
0100 NoT uTtLlzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS .....,....3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .....,...,,,.12
0400 EVALUATION PROCESS ........... .......i.::r-.,,,,,,.. ..........14
AppENDICES: .r := PAGE
AppENDtX A RESPONSE CERT|FICATON, QUESTTONNA!,BEAND AFFIDAVITS .........16
APPENDIX B "NO BID'FORM ...............,rir -.- . ....... ..,,.-;-.... . 23
=== :::
i,.
APPENDIX C MINIMUM REQUIREMENTS & SPECIF.*.eATIONS,,;=............................;'.....25
APPENDIX D SPECIAL CONDITIONS ........... ::=:a .................30
--- '' ' '-^ .:= *,.*. . . .....'.."..33AppENDtX E TNSURANCE REQUTREMENTS :; ...........
RFG 2015 245 <B
31
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SECTION ()2()O 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, condltions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]') if this RFQ results in an award.
t:'''
The City utilizes PublicPurchase (www.publicpurchase ) for automatic notificatlon 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 ad.dendum issU,.ed to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted. .,,,,,,il ,.- ,,
=,.,.
2. PURPOSE. I' ,"'iM.
The Purpose of this Request for Qualifications (RFQ) is to qualify=*Prsposer for Architectural and Engineering
Design Services for the Lincoln Road District ("the Project") to piovide construction documents and related
services necessary to implement the Lincoln Road-Master Plan completed,rW,,James Corner Field Operations as
approved by the City Commission. Additionally, ttre terms "FIRM', "PROPOSER', "CONSULTANT' are used
interchangeably and shall refer to the firm that willtortract with the City for thJ44444444444+rformance consultant services
and work for the project. The Lincoln Road Distriet enhancernent project'Oncompasses the Lincoln Road
pedestrian mall and adjacent Linqoln Lane North andlincoln Lane S0uth between Lennox Avenue and Collins
Avenue. The enhancement projectffih[s to l6tt StreetEtOhg DrexelAvenue. A Master Plan is being finalized and
is pending approval from Gity Commis$io'n, The proposed Master Plan may include: Enhancement of pedestrian
walkways and caf6 zones, modifications to the existing planters and water features, landscape and irrigation, storm
and sewer drainage, lighting and signalization, multipurpose areas at specifically selected locations, outdoor
furniture and outdoor seating areas, milling and resqrfa,c.]ng,of pavement surfaces, striping and pavement markings
as required, crosswalk enhancements, gnd interactive visitor center with artistic gateway folly at Lincoln Road and
Washington Avenue.
THE'MASTER PLAN oF THE lrISg.L.L ["o.1.?^DJSJT!91y]L BE RELEASED To ALL PRoPoSERS vlA
ADDENDUM ONCE IT HAS BEEN FINALIZED.
Contract documents, as a result of this RFQ, will include details for the construction of the Master Plan for the
Lincoln Road District. Scope of Services is pursuant to Appendix C, Section C-2., of this RFQ.
i:
The City seeks Proposals -from professional consulting architectural/civil engineering firms which have proven
experience in the preparation of construction contract documents for Open Air Pedestrian Shopping Districts and
Related lnfrastructure. The successful firm will have the financial resources and technical expertise to conduct the
Design, Bid and Award, and Construction Administration Services for the Lincoln Road District lmprovements and
prepare the associated construction contract documents that allow the City of Miami Beach to advertise, bid and
award a contract for the construction services.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
RFG 20 ) 5-245-KB
32
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The tentative schedule for this solicitation is as follows:
Solicitation lssued OCTOBER 16TH,2015
Pre-Proposal Meeting OCTOBER 27rH,2015 AT 10:00AM
Deadline for Receipt of Questions OCTOBER 12TH,2015 AT5:00 PM
Responses Due DECEMBER 3RD, 20-X.5 T 3:00'PM
Evaluation Committee Review TBD
Proposer Presentations TBD .i
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Folfowing Commission Approval'ttii.tlr!;
4. PROCUREMENT CONTACT. Any questions or clarifications conCeming this solicitation shall be submitted to the
Procurement Contact named herein, in writing, witf a copy to the City Clerk's Office, Rafael E, Granado via e-mail:
RafaelGranado@miamibeachfl.qov or facsimile:17,8&394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarifrCdi!! rnust be received no later than ten (10) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent toall prospective O\,f:.rr lh''ffi
=tj-:.,..f.an
addendum.
t: it,.
Procurement Contact: Telephone: Email:
Kristy Bada
, I 05-673-7000 ext 6218 KristvBada@miamibeachfl.qov
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s)
'1,|...?=.-!.=..=9...!...9....
0 - "
,1A Pre-PROPOSAL confefehce will be held as scheduled in Anticipated RFQ Timetable section above at the
rorrowinsaddress '"'1'
s1l:r[rT,ip:::r---. ^^-.., Piocurement Department Conference Room
= = 1755 Meridian Avenue, 3nD Floor
.: : :t::: r,
Attendance (in person ofiV=i.a lephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers intdl.ESted in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: '1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 5804578
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.
RFQ 2015-245-KB
33
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6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation, Addendum will be released through
PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through
PublicPurchace 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. Written questions should be
received no later than the date outlined in the Anticipated RFQ Timetable section.
;::,
7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected.to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone ofiSilence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including renderingtheir responseloidable, in the event of
such non-compliance. 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 ':
8. SPECIAL NOTICES. You are hereby advised'"that this solic,I ti.on is subject to the following
ordinanceslresolutions, which may be found on tffi,r" SitV "'Of Miami Beach website:
http ://web.miamibeachfl . sov/procurement/scroll. aspx?id:23 5 1 0
:. CONE 0F SILENCE . . CITY CODE SE0ff;teN2486
. PROTEST PROCEDURES i.,...1;-n::. CITY CODE SECIIO.*}..2:!71
. DEBARMENT PROCEEDINGS ..... .......... CITY CODE SECTIONS:..3J97 THROUGH 2-485 3
. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES. .. CITY CODE SECTI0NS'241 THROUGH 2-406
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCURE[/ENT
lSSUES.'..,,'.,..''.,..,.,'l.:.*:..'.:-11:.:..,.'..',.,. REQUIREMENT FOR GITY GONTMCTORSTO PROVIDE EQUAT
CITY CODE SECTION 2 373
g[TY CODE SECTIONS 2 407 THROUGH 2 4,10
EITY EODE SEETION 2 372
CITY CODE SECTION 2-374
CITY CODE SECTION 7O.3OO
CITY CODE SECTION 2449
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to
be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,
without limitation, disqualification of their responses, in the event of such non-compliance.
11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar
'tt"
. IIVINGWAGE REQUIREME|IT.,:iI:- ,,,,,,,,,,,*ji, , ,,, ,,,,,,, ,,,,,,,,,,,r toe^t PREFERENGE FoR MIAM{#,f; H B,$HffiVEND0RS,,,,,,,,,. PREFERENCE FOR FLORIDA SMAII&EtiSl${ES$E$ OUVNfi0 AND -,
CONTROLLED BY VETEMNS NUO TO .TATT.CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRf$ES-. FALSE CLAIMS ORDINANCE..i ir,,:1,,..,.........::.';.,::' r :..... ACCEPIANCE 0F GIFTS, FAVORS'& SERVICES*I;,,. .-..
:,:i . ,", li'
RFa 201 5-245-KB
34
$.4lAA,rri &fAilfi
with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers 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. Proposers 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 responses, in the event of such non-compliance,
13. CODE OF BUSINESS ETHICS, Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its 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.
*!Pi,-
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-2490=i6+quest material in accessible format; sign
language interpreters (five (5) days in advance when possible), offuformation on access for persons with disabilities,
For more information on ADA compliance, please call the Public Works Department, at 305-673-,70!0, Extension
2984.E
$1,\q
15. POSTPONEMENT OF DUE DATE FOR RECEIPT 0F PROPOSAL$" The City reserves the right to postpone
the deadline for submittal of proposals and will make a reasonable effdEtagive at least three (3) calendar days
written notice of any such postponement to all pros@ve Proposers throu0h'P.U0... P_urchase.
16. PROTESTS, Proposers that are not selected *.V pilrt qqy recomr[ [rtion for selection of award in
accordance with eh proceedings established pursuant to the City's b:id protest piocedures, as codified in Sections 2-
370 and 2-371 of the City Col.,.'g1ftheJity's Bid Protest Ordinance). Protest not timely made pursuant to the
requirements of the City's Bid Protest Ordinance shall be barred.
17. Omitted lntentionally ;l'-,._ r;i
18. VETERAN LITSINES$ ENTERRfrISES'PREFEEENS*, Pursuant to City Code Section 2-374, the City shall give
a preference-@re5funsive and responsible Proposerwhich is a small business concern owned and controlled by a
veteran(s) or which is a service-disabled -uq[p,f.n business enterprise, and which is within five percent (5%) of the
lowestrc$p,onsive, responsibE-proposer,"$providing such proposer an opportunity of providing said goods or
contrdctual sryices for the lowe;g,! sponsiV,d"'proposal amount (or in this RFQ, the highest proposal amount).
Whenever, aS.airesutt of the fore'[& g preference, the adjusted prices of two (2) or more proposers which are a
small business Codbern owned and.:iontrolled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest$i,,oposal purSl-nt to an RFQ or oral or written request for quotation, and such proposals are
responsive, responsl6ie ind otherwise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran busineis enterprise.
19, DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals, The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Mlami
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
RFQ 2015-245-KB
35
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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 Proposal
or Proposals which it deems to be in the best interest of the City, or it may also retect,lll Proposals.
,
20. NEGOTIATIONS. Following selection, the City reserves the right to ente,r. ihto further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way oblrgated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate.ScohtiH0t, lt is also understood and
acknowledged by Proposers that no property, contract or legal rights of 'ary kind shdll bercreated at any time until
and unless an Agreement has been agreed to; approved by the City; ahd.exebuted by thefiffi.
21. PostponemenUcancellation/Acceptance/Reiection. The City may, at its sole and absd,lffi.discretion, reject
any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at dql]f.iltime, this RFQ
process; or waive any irregularities in this RFQ, or in any responsei received as a result of this,,RFQ. Reasonable
efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120)
calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred
twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the
Department of Procurement Management prior to adbrd3f tt=?,,til.,tr., by the CitirCommission.
'r il r:
22. PROPOSER'S RESPONSIBILITY. Before submitting a reE fui each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examina&ns, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the coritract. lgnorance of such conditions and requirements,
and/or failure to make suchlvaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with ev.ery detail and with all provisl0hs and requirements of the contract, and will not be
accepted as a basis for any subsequent.claim whatsoeveFfor any monetary consideration on the part of the
Proposer.
23. COSTE:rcURRED BY P,B9POSERS. All expenses involved with the preparation and submission of Proposals,
or any woik performed in coniEction 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.
24. RELATIONStiIE TO THE ClTYiIilt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Pieiffiher is consid#d to be an independent contractor, and that neither the Proposer, nor the
Proposer's employeesftgf;.nts, d/or contractors, shall, under any circumstances, be considered employees or
:S
24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must
be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer,
25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and
RFG 2015-245K8
36
r\,n'li\lv'\l ffitACF-l
dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the
Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it.
26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes,
27. MISTAKES. Proposers 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
beattheProposer'sriskandmayresultintheProposalbeingnon-responsive.
28. 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 prope'rly invoiced. lnvoices must be
consistent with Purchase Order format. i
29. COPYRIGHT, PATENTS & ROYALTIES. Proposer snatt intefiiiry anO save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or age.ntsfum liability-,,,0f any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented;-r @tented invention, process, or article manufactured
or used in the performance of the contract, including its use by tfi'ffiity$'Miami Beach, Florida. lf the Proposer
uses any design, device or materials covered by letters, patent, or c0 ht, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or'= arising from the use of such design,
device, or materials in any way involved in the worlr. .
=: " ''
ii.,, ,,,,,,,*,
,
30. DEFAULT: Failure or refusal of the selected Proposer to exeCutea contrac!,following approval of such contract
by the City Commission, or untimely withdrawal of a response befOre S-uch awaid is made and approved, may result
in a claim for damages by the Ci!.y.end may be grounds for removing the Proposer from the City's vendor list.
.:::i :.'
31. MANNER OF PERFOEEIANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with'all@pliqable 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 thattheseMce$p.iQgi$d shall be provided by employees that are educated, trained,
experienced, certified, and licensed'iiloall areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and al[ documdfitation, certification, authorization, license, permit, or registration currently
required bi, applicable laws, rules, and reguktie.ftS: Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizationS;'oi certifications required by applicable laws or regulations in full force
and effect during the term of this contract.'o 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.
32, SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
33. NON-DISCRIMINATION. The Proposer
contained in Section 202, Executive Order
certifies that it is in compliance with the non-discrimination clause
11246, as amended by Executive Order 11375, relative to equal
RFG 20 ) 5 245 K3
37
,\,1i4,\ inilAilH
employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause
hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of
the Hotel Prolect or any portion thereof.
34. DEMONSTRATION OF COMPETENCY. 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
awardthatisinthebestinterestoftheCity,including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals 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. Proposers must be able to demonstrate a good record of performance for a sonable 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 o.f 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 piactices in the industry, and as determined by the City
of Miami Beach. ,,
E. The City may consider any evidence available regarding thC finaneiaf, tedhnical, and other qualifications and
abilities of a Proposer, including past performance (experience), in m.q1<rng an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these lnstances, the City may also require
material information from the source of supply regarding the quality, pQckaging, and characteristics of the
products to be supply to the City ,.-
35. ASSIGNMENT. The succeS-iUt eropor.r shall not assign, transfer, convey, sublet or othenruise 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 co-nsent of the City.
36. LAWS, PERMITS AND REGULAflONS. The Proposer shall obtain and pay for all licenses, permits, and
inspectionlees*tji io
;.,,W,,:.:,"
the work and shall comply with all applicable laws.
37. OPT€NAL CONTRACT'USiqE. When the successful Proposer (s) is in agreement, other units of government
oi' non-pffit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
38. VOLUME OF WORK T0 BE BECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specificalfi.:.tis-ted=...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.
39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
Rr-Q 20 t5 245-KB
38
\'\iAMISHACi-{
40. INDEMNIFICATION. The Proposer 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 ineurred thereon. The Proposer
expressly understands and agrees that any insurance protection required by this$redrr,rent or otherwise 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. _ '
:,.,_
41. CONTRACT EXTENSTON. 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 cOfltract has notyet been
awarded. Additional extensions past the 120 days may occur as needed by,thr City and as mut*aflfi
,greeO
upon by
the City and the contractor. t' *
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s.24(a), Art.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30)'.dAls, afteL opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Ftorida Slatute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinEiifafiG,,ne..ce,ssarily would be required by the public
agency in order to perform the services; (b) provide the'p-.,ublii with acceffi public records on the same terms and
conditions that the public agency would provide the records and at a coS[ that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at nd cost, to the public agency all public records in
possession of t!.,,,coptr.actor upon:termination of-the contract and destroy any duplicate public records that are
exempt or ccnfitj iitiai-'e#=xempt from public records disclosure requirements. All records stored electronically
must be @ded to the IEEIq ggncy in a format that is compatible with the information technology systems of the
lf. OASEC$XNCE Of LIWS. Propqsers are expected to be familiar with, and comply with, all Federal, State,
@ceS,.codeS,rulesandregulations,andallordersanddecreesofbodiesortribunals
having jurisdiction or thority whi9.,.,.,.,.,.,-p, in any manner, may affect the scope of services and/or project contemplated
by this RFQ (includin$,,W,,i!.!9ut liffiitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the
EEOC Uniform Guidelineil:=aft all EEO regulations and guidelines). lgnorance of the law(s) on the part of the
Proposer will in no way relieilS it from responsibility for compliance.
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami
Beach. Further, all Proposers 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.
RFG 2015 245-KB t0
39
,\,\iAMISilACH
45. MODIFICATION^/VITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
47. EXCEPTIONS TO RFQ. Proposers 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 Proposal. 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 Gity 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=ondition waSlriginally set forth on the
RFQ).
Balance of Pase tntentioialli,,L,Cft Blank
48. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Propo#is shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the Citylif# tne purpo$e of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or"bmptoyee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the d'%rge of his official duties.
49. SUPPLEMENTAL INFORMATION. City reserves'the right to request supplemental information from Proposers
at any time during the RFQ solicitation process.
:4:;r-.,-,.
$,f*,
RFQ 2015-245-Kg il
40
sEcTloN 0300
,,ViAlvil&fAC!--{
SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals,
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of5tatement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to mar.?itain cpmparability, facifitate the review process
and assist the Evaluation Committee in review of Statemenl,pf Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in acc@nce with the. sections and manner s.pecified below.
Hard copy submittal should be tabbed as enumerated beldw fid tain a le of contents with page references.
Electronic copies should also be tabbed and contain a table'o.f ntofttS With page references. Statement of
Qualifications that do not include the required information will be deeffid non-responsive and will not be considered.
2.1 Standard-Fd$ffi S:10, fhe proposing firm shall submit a completed Standard From 330 (attached). No proposal will
be consid without this ierq,1Xffi form. ,[q.,tddition to experience and qualifications considerations, the City may use
this informglion to consider the'fififiig previoU$and current workload,
Z.Z duafifGiiions of Prime propasbr (Firm), Submit detailed information regarding the firm's history and relevant
experience aildiii$,"f.q.ven track reco@f providing the scope of services as identified in this solicitation, including
experience in prcivid} cope of servj@s to public sector agencies,
2.3 Qualifications
--'f+ir. eropoiefs Team (Architects and Engineers). Provide an organizational chart of all
personnel and consultariFt@ ubed for this project if awarded, the role that each team member will play in providing
the services detailed herein and each team members' qualifications. A resume of each individual, including education,
experience, and any other pertinent information, shall be included for each respondent team member to be assigned to
this contract.
2.3.1 Prime Proposer's shall identify the Project Lead Designer that shall be in compliance with the minimum
requirements on Appendix C, Section C1.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The covdr,il@ rnusl indicate Prime F,+poser'and Prime Proposer Primary
1.2 Response Certification, Questionnaire & Requfrements,:*ffidavit (Appendix A). Attach Appendix A fully
completed and executed. +i
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
& Qualifications
RFA 2C 15-245-KB 'la
IZ
41
.r,.il,\ [nimt-&/- LJi v \l,j+,i','rl LJLm\-l I
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/webaoo/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR, lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal processr contact Dun & Bradstreet at
800-424-2495. .-i'
and
3.1 Submit detailed information on the approach and methodology, how Proposer plans to accomplish the required
scope of services, including detailed information, as applicable, which addresses, '66' ed not be limited to:
impiementation plan, project timeline, phasing options, strategies for assuring project is impiemented on time and within
budget. i
3.2 Also, provide information on Proposer's current workload and how the potential project(s) witl'\$'fffi Proposeds
workload. Describe available facilities, technologicalcapabilities and otheravailable resources you offeiforthe potential
3.3 Submit evidence of Propose/s intent to utilize Disadvantaged Busih€ss,,Enterprise (DBE) Firms. Accepted DBE
certifications include the Small Business Administration , State of Florida, oi Miami-Dade
lii;i' "":";:'=":"'
.- '
Note: After proposal submittal, the City reserves the rightFrequire- a_dditional information from Proposer (or
proposer team members or sub-consultants) to deter'tmineilualificffins, (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).
RFQ 2015-245-Ks t3
42
i,il;rir,\i SfAtL{
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 fonryarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step will consist of @htitative criteria established below to be added to
the Evaluation Committee results by the PROCUREMENT DEPARTMENT. An Evaluation Committee, appointed by
the City Manager, shall meet to evaluate each Statemefil of.ffialificationsin accordance with th€ qualifications
criteria established below for Step 1, Qualitative Criteria. ln dorit$$, the'Evafuation Committee may review and
score all proposals received, with or without conducting interview t.rrio $ r,
Experience and Qualifi cations
Approach and Methodology
3. Step 2 Evaluation. FdtEwing the re of Step 'l Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria poinls to bedded by the Department of Procurement to those points earned in Step
Veterans Preference ='= :::'
The volume of work previously awarded to each firm by the City
within the last three (3) years from the due date for proposal. See
Section 4 below.
Volume of Work Points: Pointsrwarded to the proposer for volume of work awarded by the City in the last three (3) years
in accordance with the following table:
Less than $250,000 5
$250,000.01 - $2,000,000 3
Greater than $2,000,000 0
RFG 2015 245K8 14
43
,,"\^ i /\t\,.1 i B f ,&il $-l
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement, Step I and 2
scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented ffie,,=City Manager for further due diligence and
recommendation to the City Comffi.,, n..Final Ranking does not constitute
an award recommendation until:suCh'tiffiffithe City Manager has made his
recommendation to the City Comdssion, rrifiiih,may- be diffOrent than final
ranking results.
'' i+
:;,
,,qi
.:t aaa.t:a=:
ffi,
Committee
Melnher 1
Step 1
Points 82 76 80
Step 2
Points 10 5 5
Total 92 81 85
Rank 1 3 2
: :::=:
CorYlE$ttee
Member2
Step 1
Points 85 85 72
Step 2
Points 10 5 5
Total 95 90 77
Rani(1 2 J
Comrnifi e
rMembei2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 71
Rank 1 2 3
RFA 2015-245-K3 t5
44
APPENDIX A
AAIAfu\$ffiffiAffiM
Res po nse #rtific o tio n,
auesti6Fnoire &
Req uiremeAts Affid ovit
\.-il
..;",,', ' RFQ No'.201 5-245-KB
-;.*'il', I.h]tpturo| ond Engineering
DeSir a Sdivices for the Lincoln Rood
District
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33.l39
45
Solicitation No:
RFQ 2015-245-KB
Solicitation Title:
Architectural and Enqineerinq Desiqn Services for the Lincoln Road District
Procurement Contact:
Kristv Bada
Tel:
305-673-7000 Ext.6218
Email:
KristvBada@miamibeachfl .qov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be bmitted fully completed and
executed.
1. General Proooser lnformation. . =General Proposer lnformation.
FIRM NAME:No, of Employees: \:.
No of Years in Business:No ef Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER lN THE LAST 10 YEffi$l ,
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE: tr.r..,:,s
TELEPHONE NO,:
TOLL FREE tlCI
FAX NO,:
FIRM LOCAL ADDRESS: ii
CITY:
STATE: ';lLE ZIP CODE:
PRIMARY ACCOUNT REPRESENTATTVEfBB THIS ENGAGEMENf,SI'
ACCOUNT REP TELEPFTONE NO.:
:.:1,:
ACCOUIiT REF TOLL FREE NO,
ACGQUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the righfto seek addit[onal 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 conkact requirements.
RFA 2015-245-KB AppendixA-Poge 1
46
4.
5.
Veteran Owned Business. ls proposer claiming a veteran owned business status?[-] vrs f--l r,ro
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is ceilfied as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officedrector, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Be6Ch.r,F.timpsals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%[-.,iijercent Ei in the Proposer entity or any of
its affiliates
,F.
References & Past Performance. Proposer shall submit at least three (3) references for whom the'pgq,pgser has completed work
similar in size and nature as the work referenced in solicitation. \ ."
'.,
SUBMITTAL REQUIREMENT: For each reference submitted, the''f.o.ttowing information is required: 'l) Fimilame, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of ServicesProvided.
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," Piopog,eS,gql;all submit a statement detailing the reasons that led to
action(s). i-:
Vendor Campaign Contributions. Proposals .r. .*p..iid d O. or. become f.ritia 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 Campd$n Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statementof Qualifications, in the event of such non-compliance,
SUBMITTAL REQUIREMENT: Submit thenames of all individuals or entities (including your sub-consultants) with a controlling
financialinterest+defined in solicitation. For eact individual or entity with a controlling financial interest indicate whether or not
each ia:dividual oientily has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
"j*fl*
, Mayor or Citf Cadifiissioner for th6 City of Miami Beach.
''Cade olJusiness Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shalF&pt a Code of Busindss Ethics {'Code") and submit that Code to the Procurement Division with its proposal/response
or within:ft ) days upon receipfof request. The Code shall, at a minimum, require the Proposer, to comply wlth all applicable
governmentaf.:.rules and regulatiofi$ including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach ahd- mi Dade C-ounty.
'4'+-
SUBMITTAL REQUIREIIENI: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may $rnit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at ww.miamibeachfl .gov/procuremenV.
RFa 20)5245-KB AppendixA-Poge2
47
tiving Wage, Pursuant te Seetien 2 108 ef the Miami Beaeh eity eede' as same may be amended frem time te time; prepesers
bel€{E
. Gurrently; the heurly living wage rate is $11,28/hrwith health benefits ef atleast$1,M an heur;er a livi+g wage ef net
r eemmeneing t^^"^'1, I "nrq,- he heurly living wage rate will be $11,62/hr with health benefits ef at least
The living wage rate and health eare benefits rate may, by Reseldien ef the City Cemmissien be indexed annually fer inflatien
using the eensumer Priee lndex fer all Urban eensumers (ePl U) Miami/Ft, tauderdale; isrygd, by the U,S, Department ef taber's
Firm+r€videsj€r
Cmpteyees-w*n
SBeuses
Firm Prevides fer
gmpbyees-**n
D€mesti€+adn€rs
Firm dees net
Previde Beneflt
ruiml
Siek*eave
Famtlv-lcaedi€alfeave
Bereavemen+{eave
lf Prepeser eannet effer a benefit te demestie partners beeause ef reasens eutside yeu{ €enkel; (e'9,; there are ne insuranee
previders in yeur area willing te effer demestie partner eeverage) yeu mafbe eligible fer Reasenable Measures eemplianee, Te
SY+he€ttY
fines, as previded in the eity's tiving Wage Ordinanee, as amende*.FerfurtheFinfermatien iiHBUtLiving Wage requirements;
please eentaet the City's Cenkaets Cemplianee Administrater at 305 6'73 7 190,
:
SUBMITTAt REQUIREMENT: Ne additienal submittal-is required, By,virtue ei eieeuting this affidavit deeurneft[FPrepeser agrees
@
cqual-Benefits fer Empleyees with Speuses and Empleyees with Demestie Partners, When award+ng eempetitively selieited
eenkaets valued at ever $100,000 whese eenkq,e.fg.rs maintain 51 er mere futltime empleyee+en their payrells during 20 er mere
ealendar werk weeks, the Equal Benefitsfer Deft#tlg,Partners Ordinanee 2005 3 [9 [ requres eertain eentraeters deing business
with the Gity ef Miami Bea€h, whe are awarded a *tracl'pursuant te eempetitiverBiepesals; te previde "Equal Benefits" te their
empleyees with demestie partners, as they previd emFlelei With speuses, The Ordinanee applies te all employees ef a
Genkaeter whe werk within the eity limits ef the eity eiliami Beae,ti,, Frleridg and the Cgntraete/s empleyees leeated in the United
States, but eutside ef the Gity ef Miami Beaeh limits, e are-$dCtlf EQ-erlqlqg werk en the eentraet within the eity ef Miarni
Bee€h
: : t"tt ' 'r,.iir-
B, Dees yeur eernpany.pr*vide er effer aeeess te any benefits te efipleyees wr{h (same er eppesite sex) der€stie partners* er te
.,,,..'::.;;:::: :.,. [__-l VgS , F *
e-PEi6theEl4enefit#at appty{e yeur answers abeve and list in the "ethei' seetien any additienal
1{l,,benefits net alic#i'+Beeifie#Nete..: seme benefits are previded te ernpleyees beeause they have a speuse er
,lii,domes{ie*pafrner,- @benefit€,€refrovideddire€tly+o+he-speus+eFdemesti€
RFG 2015 245-<3 AppendixA-Poge3
48
'10.
Public Entity Crimes. Section 287,133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing thisddavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been pl@6n convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solrcitation
which may provide additional information to Proposer or alter solicitation requiremds. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, Publi.ePurchase.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 addendu+released by the City pEisuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in pro-pq-al disqualification
lnitial to Conflrm
Receiot
lnitial to Confirm
Reccint
lnitial to Conflrm
Receiot
Addendum 1 Addendut*.6 Addendum 1 1
Addendum 2 Addendur*.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.
RFQ 2015 245-KB AppendixA-Poge4
49
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. *. l
Following submission of Statement of Qualifications, the applicant agrees to deliver such fu r 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 th in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is ihe responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not pfoviOe any assuiances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with Citf i.,.,. shall be .t tn. r...lpi.'n
i**
Prpposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City='.*ffiut any wananty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consid€ration, 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'futl!'.,'5ih*nor,vledges all the provislons of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound'by,h€-telms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of he party submitting such Statement of Qualifications.
]ffi :?f':xXT.:,:;f,fi3ff'#;'ffili}:l'J;?::;f i"'i::: *'l
't
net ket without notice rnrormation is ror guidance
The City and all Proposals will be bouhd only as;' 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 solicitatiofi rnay be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to,fre. City. ". . .
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supportlng documents shall be
subject to disclosurd*requlre.. y such law. All Statement 0f Qualifications shall be submitted in sealed proposal form and shall remain
confidential to$e extent peffitted.:by Florida $tatutes, until the date and time selected for opening the responses. At that time, all
document ived by the City shalFbecome public records
Propos5fS'€E;Spected to make all di$$osures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications,@Ploposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or S'Up$fempnt information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in sUgngOuirV or investi$'Ation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complEto the best of $$knowledge, information, and belief.
Notwithstanding the foregoii$ or anylhjng contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent iurisdictiott:$ich imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City witti r€spect 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.
RFQ 2015-245-KB AppendixA-Poge5
50
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges
that all information contained herein is 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 Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Atrlhorized Representr&-e
Signafu re of Proposer's Authorized Representailve:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of
of
) 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
My Commission Expires:
RFA 2015 245 KB AppendixA-Poge6
51
APPENDIX B
ffir$'M$mm&ffiN
"No Bid"
.,=
=.
ir.li:_
ffim
RF$No.201 5-245-KBAr it iprol ond.Engineering
Design 54tviEGgfpr the Lincoln Rood- ,=,.-=- "..uffrla* District* *-7'
.: = PROCUREMENT DEPARTMENT',' ]700 Convention Center Drive''''' ' .. Miomi Beoch, Florido 33139
52
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
TH|S 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)
'l|#i,}].\,*,
",. .'.
l:)::.1::
We do * do not want to be retain6d on your mailing list for future proposals
of this type product an-d/or service. ti,. ..:=
Signature:
r:::::::::::::.i:::: .::::::r::::::=
Tifie::_,_=,-=.=
Legal Company{ame:
,iNote.*;ilure to rd$rbond, either by submitting a proposal or this completed form,
may ibsult.in y,,,urcompany being removed from our vendors list.
CITY OF MIAM]''BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Kristy Bada
STATEMENTS OF QUALI FICATIONS #201 5.245.K8
1755 Meridian Avenue, 3'd Floor
Miami Beach, Florida 33139
RFG 20 ) 5-245-KB AppendixB-Poge 1
53
APPENDIX C
ilil:':,t::,t"=
&&t&&e$ffiffi&ffih{
Minimum Re!uiiements
& SpeeiTi4ions
RFQ=-... .201 ,$-245-KB
Arc-hitettuidlru h d En gi n e eri n g
.::::=
Design Services for the Lincoln Rood.' , i District
PROCU REMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
54
C1. MINIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum requirement.
Proposals that fail to comply with minimum requirements will be deemed non-responsive and will not be
considered. Determination of compliance with the minimum eligibility requirements is strictly at the sole
discretion of the City of Miami Beach.
PRIME PROPOSER:
1, The Prime Proposer (Architectural/Engineering Firm) shall be certified as'Architect Business" or
hold a "Certificate of Authorization" by the State of Florida, Division of Business and Professional
Regulations, as applicable
, .::.
LEAD DESIGNER:
2. The lead designer shall be an Architect or a Civil Engineer,licensed by the State of, Florida, Division
of Business and Professional Regulations in their resp,$iVe professional fields.
REQUIRED SIMILAR EXPERIENCE: , iiii='.-
3. The Prime Proposer shall have completed construction documents,ior no less than three (3) similar
projects within the last ten (10) years. Similar projects sfi..q11il[i inteipreted to mean open air
pedestrian district prolects and pertaining infrastructure 'tttdit include a combination of retail,
restaurant, and entertainment and are no less than 25,000 square feet in size.
Submittal Requirement: For each qualifying project, submit pioject n-a.me, project contact
information (phone and email) and prime proposerls role in project. r',..
C2, STATEMENT OF WORK REQUIRED. :..
The City issued a Request for Qualifications (RFQ) under RFQ 2014-050-SR to develop a master plan
for the Lincoln Road, istrict on'..E 2,2014. The proposed area of development of this project under
the master plan enedmpasses LlFffi Road pedestrian retail area and adjacent Lincoln Lane North and
Lincoln Lane South',be_tween Lennox Avenue (1000'Block) to Collins Avenue (300 Block). The
proposed area of deveiop,ment extenOs to 16tt Street along Drexel Avenue.
The goaloffte RFQ was to confiffi with a quiifffieii consultant to develop an iconic Master Plan taking
into account the various uses of'tlii*,,1-incoln Road District. The Master Plan should create a blueprint
that will place the Lincoln Road distrieFon. par with other marquis pedestrian/walkable destinations in
maj{, metropolitan cities in the world. fhe City is undertaking a master planning process for Lincoln
Road,improvements so that it fs complete by FY 2014115 when funding becomes available to begin the
design and gonstruction phaie of the project. The key issues described in the Master Plan scope
included:. Vision for the future of Lincoln Road, including elements of historical importance; summary of
key challenges, opportunities, priorities, and objectives; and key design concepts and
elements.. Catalogue and conservation of all historical elements (designation to be provided by the City).
. Publicoutreach/stakeholderengagement.. Environmental/Sustainability Plan including storm water management, sea level rise and
flooding strategy to be addressed in a conceptual manner, sustainable and local material
selections, and greening strategies, in collaboration with City staff.. Conceptual Land Use Plan identifying (working in tandem with the new sidewalk caf6
ordinance):
RFa 2015-245-K3 AppendixC-Poge I
55
1. Open spaces.
2. Open seating elements.
3. Parking throughout the district including any valet alternatives.
4. Crossing Zones from north to south for pedestrians.
5. Minimum and maximum caf6 zones as relate to indoor seating and square footage.
6, Pedestrian Accessibility Plan, including bicycle, skateboard, and Segway uses.
7. Programming opportunities including performance areas and stages.
8. Public art.. Aesthetic Standards and Guidelines for:
1. Hardscape.
2. Landscape.
3. Lighting.
4. Way finding and signage.
5. Outdoor furniture and outdoor seating plans and associated equipment.'q *'
6. View corridors both North/South and EasUWest-.=. lmplementation/Phasing Strategy highlighting opportunities for: early implementatl0n p,roijRtfl,
. Conceptual plans, diagram, material guidelines, and,.illustrative details that incorporate $Bneral
Master Plan elements and design direction.. Visitor Center to be located on the Northeast portion of-' incoln Road and Washington Avenue.
The design of the project's proposed imprB$ements, subject of this RFQ, will be based on the approved
Master Plan and will include at a minimum the fotlow.,,1r-rg amenities:
o Enhancement of pedestrian walkways and caf6 zones.. Modifications to the existing planters and wa-teF,, atureSE. Landscape and lnigation.- ' .,l,.!.:r. Storm and sewer drainag, .
". Lighting and iignalizatio. Multipurposearets at speefied selected locaticni.. Outdoor furniturd and outdoor seating areas.. ,, M*fund resurfacing of pavemeni iurfaces, including striping and pavement markings as
. Crosswalkenhancements.
:::::!::'t'o , lnteractive visitoffinter with artistic gateway folly at Lincoln Road and Washington Avenue.
The fucied Consultant mriifOe an ArchitecUCivil Engineer and shall provide as needed Architectural,
Structural'F@eering, Civil Engineering, MEP Engineering, Landscape Architecture, Traffic Studies,
Construction::Cffi Estimati., , Surveying, and Geotechnical services for the Project. The work shall
include, but notibeJimited to, conceptual drawings, surveying, geotechnical, design development,
estimates of pro6'ffid. construction cost, construction documents, permitting, bidding/award, and
construction admini$ration services for the Pro1ect.
Plans shall include all necessary drawings and technical specifications needed to construct the
improvements and shall have defining documentation of what is authorized and approved. Documents
may be developed in multiple packages based on prolect phasing schedule.
Prepare utility coordination, permits, and advice of all fees associated with all site, utilities, etc. work,
Prepare presentation materials to illustrate the final design and participate in public outreach and
RFG 2015-245-K3 AppendixC-Poge2
56
regulatory agency review meetings.
Obtain all required building permits as well as any other permits necessary for the refurbishment of
Lincoln Road pedestrian mall from Washington Avenue to Lennox Avenue and attend public meetings
as required by the City.
The selected firm shall be tasked with, but not limited to, the following duties and responsibilities:. Design Services:
..::::::::::..::::
1. The purpose of this task is to establish requirements for tl1=e?Biffaration of contract
documents for the Prolect. . ,=
2. The Consultant will be required to prepare construction and$rmitfuuments for the design
and construction documents of the proposed amenities under the approved Master Plan for the
Lincoln Road District. '
3. The selected firm shall be required to perform a variety oitr.nri. Gifu.rify existing
conditions and the accuracy of any available as-built drawings, surveys, and mgp-s to be used
for development of the contract drawings, including: l]l1|2,_o Requirements for the preparation of contract documents, inclusive of d:fdriirings,
specifications, and front-end documents.o Establish requirements with regards to constmctability and value engineering reviews.
o Establish requirements for the preparation of Statements of Probable Construction
Costs by the Consultant as'defined by the American Association of Cost Engineers.
o Establish requirements for th*$esign Review Board (DRB) and Historic Preservation
Board (HPB).
o Discusses revisions to the conlract documents based updh input received during the
DRB and HPB meetings,
o Specifies requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization.
4. The GGN,SULTANT $hall establish and maintain an in-house Quality Assurance/Quality
Control (aA/Q. ) programdesigned to verify and ensure the quality, clarity, completeness, and
constructabilityfffls conkast documents. In addition, the selected firm shall follow City
standards for the' $repbration of,0ontra€}documents, inclusive of drawings, specifications,
front-end documents, and cost estimates. Presentation formats for review submittals shall be
prepared foi submittal to the. City's Design Review Board (DRB) and Historic Preservation
Board (HPB) during the Cb@pluel Phase, at 50% (Design Development Phase), and 90%
. (Construction Documents Pha5e) completion stages, Contract documents shall be subject to
ionstructability and Value Engineering reviews by City and/or others.
-.5. The selected firm,iwill work with the City to revise/adjust project scope as may be deemed
necessary to meet established budgets as design evolves through the design stages of
completion.
6, ln addition, the selected firm shall extend and participate in a community design review
meeting and a pre-construction/kickoff meeting to review the design, To facilitate the
implementation of a Public lnformation Program, the selected firm will provide electronic files of
all project documents, as directed by the City.
7. The selected firm shall be responsible for securing all required regulatory approvals of its
contract documents from all applicable jurisdictional agencies and boards prior to finalization,
and will be responsible for initiating submittals and reviews in a timely manner.
8. The selected firm shall establish and maintain an in-house Quality Assurance/Quality
Control (OA/OC) program designed to verify and ensure the quality, clarity, completeness, and
constructability of its Contract Documents.
RFA 2015 245-K3 AppendixC-Poge3
57
Bid and Award Services:
1. The selected firm shall assist the City in the bidding and award of the project. Such
assistance shall include attending pre-bid conference(s), assisting with the preparation of
necessary contract addenda, attending bid opening(s) where applicable, and assisting with bid
evaluations.
2. The selected firm shall provide "As-Bid" documents for use during construction.
Construction Administration Services:
1, The selected firm shall perform a variety of tasks associated with the administration of the
construction contract and construction management of the project. These shall include
attendance at preconstruction meeting(s), attendance to ueekly construction/progress
meetings, responding to contractor Request for lnformation (REl), clarification, responding to,
and evaluating contractor requests for Change Orders (RC0},iontrait*amendments, review of
shop drawings and submittals, review of record drawings, review ahd.recommendation of
contractor applications for payment, specialty site visits,,-project closeout reviews, including
substantial completion, final punch list, development and project certification of finalcompletion
and acceptance, and warranty administration.
1. No additional services are envisioned at this timg, However, ifrsuch services are required
during the performance of the work, they will be iequested by the City and negotiated in
Reimbursable Services:
1, The City may reimburse additiona.l expens€s- such as, but not Ii d to, reproduction costs,
e-Builderlicenses, materialtesting/abatement?sapplicable. =
i:.. lli ll!/A!!.:lrir." ::::'-:'.=
::at:::a;
: ij:.::ll'
',i
, ,
RFQ 2015245K3 AppendixC-Poge4
58
APPENDIX D
MIe,\e$mffi&ffiil{
Speciol Conditions
W
RFQ No .201 5-245-KB
Architecturol ond Engineering
#P",BeServiceilil,5"
Li ncol n Roo d
:;.j.
: l_
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
59
1. TERM 0F C0NTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable,
...,:......=
5. INDEMNIFICATION. Provider shall indemnify and hold harmless the City artJ,itS'Officers, employees,
agents and instrumentalities from any and all liability, losses or damages,li$oluding attorneys'fees and
costs of defense, which the City or its officers, employees, agents or iqstm&ntalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of,ahy kind or.pature arising out of,
relating to or resulting from the performance of this Agreement Si the Provider or its employees,
agents, servants, partners principals or subcontractors. Pr..-q..yider shall pay all cfaim$-and losses in
connection therewith and shall investigate and defend all cEiins, suits or actions of any'Eiqd or nature
in the name of the City, where applicable, including.,.anp'ellate proceedings, and shall Fil all costs,
judgments, and attorney's fees which may issue theldlfuvider exp,!,,.,g sly understands arliffirees
that any insurance protection required by this Agreement'odhqn iW piovided by Provider shall in no
way limit the responsibility to indemnify, keep and save harmhsgii,and defend the City or its officers,
employees, agents and instrumentalities as herein provided. il ,,.
6. PERFORMANCE BOND. Not Applicable. ,
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable,' : uu:::
9, DELIVERY REUENTS. Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
.1. .li
11. BACKGROUND CHECKS. Not Applicable.
t2- COMPETITIVE SPECIFICATlO[t tt,ptne goal of the City to maximize competition for the project
arnoftg suppliers & conlractors. Consriltant shall endeavor to prepare all documents, plans &
specifiCAtions that are in accordance With this goal. Under no condition shall Consultant include means
& metheds or product specifications that are considered "sole source" or restricted without prior written
approval of the City.
13. ADDITIONAL'T,5RMS OR CONDITIONS. This RFQ, including the attached Sample Contract,
contains all the term5: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.
14. PRECLUSION. Successful Proposer and sub-consultants contracted to provide architectural and
engineering design services for the project pursuant to this RFQ are precluded from bidding/responding
to the competitive solicitation for the construction phase of the pro.yect.
RFQ 2015-245-K3 AppendixD-Poge 1
60
15. CHANGE OF PROJECT MANAGER. A change in the 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 an Assistant City Manager). Replacement (including reassignment) of an approved
project manager or public information officer shall not be made without submitting a resume for the
replacement staff person and receiving prior written approval of the City Manager or his designee (i.e.
the City project manager).
16. 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-consultantsshall be the sole responsibility of
Consultant.
=
17. NEGOTIATIONS. Upon approval of selection Oy ity Commission, negotiations between the
City and the selected Proposer (s) will take place to anive at a mutually acceptable Agreement,
including final scope of services, deliverables and cost of Se$iees.
"llffi'
RFA 20I5-245-KB AppendixD*Poge2
61
APPENDIX E
r:it.r::lit,,
MiAfuTIffiffi&ilM..
Insuronce equifements
RFQ No.20+5-245-KB
Arc hifectural o no En gineerin g
=Design Services for the
'Efncoln Rood District
til PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
62
,\l\r&tu\rffiw&ffiN
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
The provider shall furnish to Department of Procurement, City of Miami Beach, 1755 Meridian Avenue, 3d Floor, Miami Beach,
Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as reguir:ed by,, Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than'.$l,000,000 combined
single limit per occurrence for bodily injury and property damage,,,$i,ty of Miami Beach must be shown as an
additional insured with respect to this coverage. .
,,tili,i.C. Automobile Liability lnsurance covering all owned, non-"Eitfied and hired vehicles used in connectio.G,.,nlith the
work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage.
,_ ,1,
D. Professional Liability lnsurance in an amount not less than $2,000,00ff 1 h the deductible per claim, if any, not
to exceed 10% of the limit of liability. ' ,.=,,,
.,,. .
A waiver of subrogation in favor of the City must be included tol:the pdicies required above. The insurance coverage required
shall include those classifications, as listed in standard liabitity insurance manuals, which most nearly reflect the operations of
thevendor...
All insurance policies required abbve snafi;$d issued by companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The company must be rate{ no lessrthan "B+l'as to management, and no less than "Class V" as to financial
strength, by ttre latest edition of Best'S lnsur:ance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its'equivalen[ subjedt'to,.the approvalof the City Risk Management Division.
or
.ornprny must hold a valid Florid,E*edrficate of Authority as shown in the latest "List of All lnsurance
''COm-[anies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
lnsUnalce and are membe@the Florida Guaranty Fund.
Certificates will indicate no modification'0r change in insurance shall be made without thirty (30) days in advance notice to the
certificate holder. €ERTIFICATE HOLDER MUST READ:. CIW OF MIAMI BEACH. 17OO CONVENTION CENTER DRIVE
3d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under
any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFA 2015245K3 AppendixE-Poge 1
63
APPENDIX F
ffi$&ffiiffiffi&ffiH
Stcndord Forffi*3O
R,FQilo. 201 5-245-KB
Archit5af,,Vl8l Ufi d Engineering
Desigffiervices for the
Lihcdrn Rood District
PROCU REMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
64
APPENDIX G
&,q!&&,\lmffi&trN
Sompl,e Cohtroct
.:ll:J
.:::la
,rffi,
':'r 1l'
:' r'\'i
RFQ No .201 5-245-KB
lt'::;:Architecturol ond Engineering
7#eaign SdrVices for the
Tincoln Rcod District
PROCU REMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33.l39
65
AND .. .:
:::::: l
^l
i
j:
j':l
,:,, ,:
FOR t:;t:::::i -.r:::.:::::=
ru'=,
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
FOR THE
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'Resdlution,No.
66
TABLE OF GONTENTS
DESCRIPTION
ARTICLE 1 DEFINII'ONS
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
BASIC SERVICES
THE CITY'S RESPONSIBILITIES
RESPONSIBILITY FOR CONSTRUCTION COST
ADDTIONAL SERVTCES
L il
REIMBURSABTE EXPEruSES
7. COMPENSATION FOR SERVICES N
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PAGE
2
7
13
16
17
18
:'{9
20
21
22
23
24
25
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zo
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8. CONSULTANT'S ACCOUNTING AND OTHER
9. OWNERSHIP OF PROJECT DOEUMENTS
10. TERMINATION OF AGREEMENT..
11' INSURANCE
"=""'ri '::';':12. |NDEMN|F CryAND.HOLD HARMLESS
13. ERRORS'AND ISSIONS :
l::,:,.
; . :,.]*l,' f, 1[
".:*t.ii
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{;"=LLANEous
PRovrsroNs
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SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE lflqnt'=
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34
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GENERAL CONDITIONS OF THE CONSTRUCTTON CONTRACT
INSURANCE AND SWORN AFFIDAVITS ']-IIi.
BEST VALIIE AMENDMENT
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TERMS AND COND/T'ONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXffi
FoR ,. ==
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
WXXXXXXXXX
WITNESSETH:
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This Agreement made and entered into this _ day of :*;,,. 20XX, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Ftorid.-a.,33139, (hereinafter referred to
asCity),andXXXXXXXXXXW,aFloridaXXXxxXXXXXXhavingitsprincipalofficeat(hereinafterreferredt6asConsu|tant)'
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Seryjces,.attach*grd as Schedule "A" hereto, and wishes to engage
the Consultant to provide spe@professionat serviCds including, without limitation, fuE services, for the
Project, at the agreed fees set forth in this Agreement; and
=,,-litEffiiiT
WHEREAS, the Consultant desir-Hi to contract with the City for performance of the aforestated
professional servic1,,,,,. lative 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:
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ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
331 39.
1.2 CITY COMMISSION: "City Commission" shall mean the goverpllrg 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 r.-9fi,,,,,,,,,,,,,,,1ude any duly authorized representatives
designated in writing (including the Project Coo ator) with respect to any specific matte(s)
concerning the Services and/or this Agreemeptrft-q*qgrive of those authorizations reserved to the
City Commission or regulatory or administrative OoOi"t having jurisdiction over any matte(s)
related to the Project, the Services, and/or this Agreementln
1.4 PROPOSAL DOCUMENTS: "Proposal Documents* sfiall mean Request for
" XXXXXXX" issued bY the CitY in
contemplation of this Agreement, together with all amendments thereto (if any), and the
Consultant's pr:oposal in respo,fise 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
betwre9. h*-0t,.:,,= OoCumenb and thi gr6ement, the Agreement shall prevail.
*+, CONSULTAN.f:'= The'' nal'ned entity on page 1 of this Agreement, the "Consultant"
:
sh'5#inean the archited.Uengineer who has entered into a contract with the City to provide the
i
ServiiU$rdescribed undel this Agreement. When the term "Consultant" is used in this Agreement
it shall atsol(. g Oeemedto include any officers, employees, sub-consultants, agents, and any
other person 6r enfltV a'bting under the supervision, direction, or control of Consultant. Any sub-
consultants retainbd by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this
Agreement shall create any contractual relationship between the City and sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
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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:
XXXXXXXXXX)fi XXXHXD(XX ;
ffiXXX.
1.6 PROJEGT COORDINATOR: The "Project Coor:dinatod' sha[[*{ pngsn the individual
designated in writing by the City Manager who shall be the City's authori 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 othenryise in thid Agreement or
the Contract Documents).
'1.8 BASIC SERVICES: "Basic Servic€s" stf€tl iniEde e 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 nereinjlfrall be considered Basic Services.
1.7 flntentionally Omitted]
,, ]::::
1.9..1 -PROJEGF=; The-Project" shall mean that certain City capital project that has been
a,S foved by the City:'e;-o missioh=nd is described in Schedule "A" hereto.
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tiect Cobt:The "Project Cost", shall mean the estimated total cost of the1.9.-+ Pr<
Projeet, A-q- prepared and established by the City, including the estimated Construction Cost
and Soft GgEtg, ,Ehe Project Cost may, from time to time, be revised or adjusted by the City,
in its sole di$retion, to accommodate approved modifications or changes to the Project or
scope of work.
1.9.2 ProiectScope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
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actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) o'f
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work.
1.10.1 ConstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construg$i6h,FSLst, The, "Statement "J Probable
Construction Cost" shall mean the latest appag
.writteh
estimate of Construction Cost
submitted by Consultant to the City, in a format apF,F+d by the Project Coordinator.
For Work which bids or proposals have not been let, the St rneht of Probable Construction
Cost shall be the same as the Construction Co'St.
1.11 FoRcE MAJiURH,==or." rrrrul"ji' shall mean any delay occasioned by superior or
;!? : ::::::::::::::
irresistible force cccasloned @olence in nature without the interference of human agency such
as hurricanes, tornad$efu.floods;loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, *fg local lq-W,:SrL,o1$inances, codes or regulations enacted after the date
of this Agreement-or other eauses beyond the parties' control which have, or may be reasonably
expected to have, a material ad-qe.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 beenable to avoid; provided, however, that inclement weather (except as noted above), the
acts or om.issions 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.
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1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered
in the Contract Documents.
1.13 CONTRACT DOGUMENTS: "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 Woik included in the documents).
The Contract Documents shall also include, without limitation'(togetheFwith all exhibits, addenda,
and written amendments issued thereto), the invitation to "bid (lTB), instructions to bidders, bid
form, bid bond, the Contract for Construction, surely@yment and performanie bonds, Conditions
iil =of the Contract for Construction [General, Supp]ei,.t*gl]"O, an-d other Conditionsl, Divisions 0-17,
Construction Documents, an approved Chang€ rder(s), approved Construction Change
Directive(s), and/or approved written orde(s) for a minor change in the Work.
;1,1.14 CONTRACT FOR CONSTRUG,,.I1 N: .,,,1,Contract for Construction" shall mean the legally
binding agreement between City and witft=Contra'Gto,f$[ performance of the Work covered in the
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawing_s, documents, andr:diagrams prepared by the Consultant pursuant
to this A.g.r.e.e..{.r9nt, which ihow the lo€tions, characters, dimensions and details of the Work to be
done,.*id Whidlii,5 part of the'eontract Documents.
:
1.16 COJ.ITRACT AMENEJVIENT: 'Contract Amendment" shall mean a written modification to the
Agreemffi,approved by thE City (as specified below) and executed between City and Consultant,
covering Cheng-es, additiohs, or reductions in the terms of this Agreement including, without
limitation, authotiizing a Change in the Project, or the method and manner of performance thereof,
or an adjustment inihe fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five
thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the
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City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option,
and which have been duly authorized, in writing, by the City Manager or his authorized designee,
prior to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, eduipment, services, methods,
procedures, etc. necessary or convenient to performance by-,,,,
obligations proposed by the Contract Documents 'i=
=
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1.19 SERVICES: "services" shall mean all services, work,
performed pursuant to or undertaken under this Agreement. -
' hdteto.
,{ontractor of all duties and
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and action$ by the Consultant
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1.20 SOFT GOSTS: "Soft Costs" shall mean cqts .related to the Project other than
Construction Cost including, without limitgtion, Consultant's Basic Services, Additional Services,
surveys, testing, general consultant, finanCing, and permitting fees, etc.
\' = ,i iir1.21 BASE
",r, .,._
"Base Bid" shall ,meanihe gi HUrts contained in the Construction
Documents recommended by the Consultdnt (and approved by the City) as being within the
Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive
':::::::::-:, :::::::::::.:',::r=i, :r:.l::l::=. :.-,.,?r?r,, 'SCOP F SERVIC,ES: "Scope of Services" shall include the Project Scope, Basic
-$Hrvices, and anyAddilional Sewjces (as approved by the City), all as described in Schedule "A"
,i1.23 SC.f[EDULES: :rii,',5.nedules" shall
Agreement afia d to as follows:
mean the various schedules attached to this
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
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Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent
by the Project Coordinator.
A separate Notice to Proceed shall be reqfiiteflgiir to gn,mmencement of eaCh Task (as
same are set forth in Schedute "A" hereto). =".,1
2.3 As it relates to the Services and the Project, Consun{q$-ggnts and represents to City
that it is knowledgeable of Federal, State, and local laws codeS),iffi and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State .9,,,!jlord,q codes, rules'and regulations, and local (City of Miami Beach and
Miami-Dad"
"_9y.!lrl
ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they rEfate to the Services and to the Project, the Consultant agrees to comply with all
such Applicable Laws, whether now in effecl or as may be amended or adopted from time to time,
and shall furth€r take into accouni ait i*Ow=EFending changes to the foregoing of which it should
reasonably be aware, =7,
= .,.. Ti.-:.:-
Recc$-nizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services
with the City (through the Project Coordinator) in order to provide for the safe, expeditious,
economical and efficient completion of the Project, without negatively impacting concurrent work
by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as
other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City
that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to
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perform the Services. Consultant warrants and represents to City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; and sh31l 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 Planning Services
Consultant shall provide planning services for
Documents and as set forth in Task 1 of
Services").
the Project, as reQui by the Contract
Schedule "A" hereto (entitled "Planning
2.5.2 Desion Services:
Consultant shall prepare Desi$n-Documents for the Projeet, as required by the Contract
Documents and as set forth in rjix z ;lilU[nA*le "A' rrereto (entitled "Design Services")
l ' ''ll
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2.5.3 Biddinq And Award Serviceg;
Consultant shall provide bidding and award sdrvices for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
=''i =-ti'i'''lli'
=
2.5.4 CohitfuclionAdm-inistrationServices:
",, , onsultant shall provide construction administration services for the Project, as required
l . the Contract [ocuments and as set forth in Task 4 of Schedule "A" hereto (entitled
" CoA=str.u cti o n Ad rii in i strati o n Se rvi ce s" ).
2.5.5 A,Sl$itional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set
forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability of
the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for
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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 compfetion of the Project and, in
t:::::::::::=
2.7.1 Term: The term of this Agreement shbll commence upon e tion by the parties
(subject to approval of the Agreement by the Mayor and City Commissionl 1tn" Effective
Date), and shall be in effect until all Services are'=corpleted or until the *orkilOlor services
u:
under the Notices to Proceed in force at the "ne of ,tf'" stated period of time have been
completed and the Services accepted, whichever may be later.
2.7.2 The Consultant shall perf tn tr=, as exfdditiously as is consistent with
the standard of pr-ofessional skill and, ca 'ieqij -bi,y-tnis Agreement, and the orderly
progress of the Work.
The Services shall be perfoimed in a manner that shall conform with the2.7.3
approvedfroject SCheduE attaehed to as Schedule "E" hereto. The Consultant may
Submit fdQu6$q,,.for ah adiustment to the Project Schedule, if made necessary because of
undue delays:'i ulting from untimely review taken by the City (or other governmental
ffiorities havin$'iuri.sdiction'over the Project) to approve the Consultant's submissions, or
anVffer portion oifthe Services requiring approval by the City (or other governmental
authdiities- having jurisdiction over the Project). Consultant shall immediately provide the
'rl with written notice stating the reason for the particular delay; theProject "effiiffirequested stment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of'completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator may grant a
reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
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27.4 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 othenryise retained, to perform work on the Project.
2.g The Consultant shall perform its duties under this Agreement ln 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 professro. qF'quality, technical acduracY, completeness,
performance and coordination of all work re.,e d under'the Agreement (including the work
performed by sub-consultants), within the spedified me''p6riod and specified cost. The
Consultant shall perform the work utilizing the sk o*ledge, and judgment ordinarily
possessed and used by a proficient consulting with t"iEb.t to the disciplines required for the
performance of the work in the State of FloridaJhe ConsUlEnt jssresponsible for, and shall
represent to City that the work conforms to Citf'-.'iequirement s set forth in the Agreement.
The Consultant shall be and remain liable to the City for all damages to the City caused by the
Consultant's negligent act$=6 rors or omissions in the performance of the work. ln addition to
all other rights . rernedie@icn the City may have, the Consultant shall, at its expense, re-
perform all or any,'F,,,.,-t on 9f'the Services to correct any deficiencies which result from the
Consultant's failure to p€d,Onn ih accoidang,,e with the above standards. The Consultant shall also
be -.tiabte for th=e-., replacement or repair of any defective materials and equipment and re-
t:::::::.:.
rmance of any non-confoimjhg,,,q, struction services resulting from such deficient Consultant
services for a period from the fffeCtive Date of this Agreement, until twelve ('t2) months following
final acCeptance of the Wgrk, and for the period of design liability required by applicable law. The
Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timing of the corrections. Neither the City's inspection, review, approval or
acceptance of, nor payment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any
cause of action arising out of the performance of the Agreement. The Consultant and its sub-
consultants shall be and remain liable to the City in accordance with Applicable Laws for all
damages to City caused by any failure of the Consultant or its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
78
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duly licensed certified personnel to provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project 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.,. nager (as well as any
replacement) shall be subject to the prior written approval of the;6ity Manager or his designee
(who in this case shall be the Project Coordinator). ReOlace,.146ht uding 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
!11:::\1.
l;EFyfitten 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
othenirrise retained Oy ConsJltn=q,,.,!.,,,,,, r the Project ( including, without limitation, any sub-
consultants).
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:
2"14 Consultant agre€s not to divulge, furnish or mak$[*$ailable 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 propef perfoimance of the SUrvices; or the disclosure is required pursuant to
Florida t.,*
li" $gcords faws; or, in the course of judicial proceedings, where such information has
beg.61, piopeily s$..$.i naed. Consultant shall also require its employees and sub-consultants to
ffi.,. ply with this sub*?clion. '.:'. :i
2.15 - Thqlity and Consultant acknowledge that the Services do not delineate every detail and
minor work k requireel.to be performed by Consultant to complete the Project. lf, during the
course of pedormlng- of the Services, Consultant determines that work should be performed to
complete the ProjeOt 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
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Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and
all such documents and/or records. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the?roject shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Laws.
2.18 GREEN BU!LDING STANDARDS:
,t.
The Consultant shall comply with the requirements of. ion 255.2575, Florida Statutes, and
Chapter 100 of the City Code, as both may be amended f ,..|.i to time, addressing applicable
Leadership in Energy and Environmental Destgn (LEED) compfi*. ce quirements.
2.19 SUB.CONSULTANTS:All services provided by sub-consultants shall be
consistent with those coffimitments made by the Consultant in its Proposal and during the
competitive solicit&n selectiolr process and interview. Such services shall be undertaken and
performed puisud'E to appropiiate written agreements between the Consultant and the sub-
consultants, which shEII contair,rprovisiong thpt preserve and protect the rights of the City under
. .rl !:.:i
this Agreement. Nothing='e ntained in"this'Agreement shall create any contractual relationship
betueen the City and:the su6:Efuultants.
The Consultant shall ho-t retainoidd, 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 forany proposed substitution. Any approval of a sub-consultant by the City Manager
shall not in a ay 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
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3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Project during the design and construction of same (except unless othenrvise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services a1C tn3 Project. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant isobligated to commence and complete Services;
or
c) the amount of compensation the City is oOti$aied or committed to pay Consultant.
3.2 The City shall make available to Consul]ant all inform'ation that the City has in its
possession pertinent to the Project. Cons,,,u-ltantiffiiihf, grees and acknowledges that, in making
iqr
any such information a.vailable to Consultlnt, tttC City"fia!$ho express or implied certification,
warranty, and/or representation as to the accuracy or c6mpleteness of such information. The
Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the
extent it deems necess€ry all information furnished by the City, and that it is solely responsible for
the ac9....9ra,,,=L-1ynd applicability of all Such intgrmation used by Consultant. Such verification shall
includ€i withdet limttation, visual examination of existing conditions in all locations encompassed
, $e Project, wh€-fe;,,,.q1ch exarnination can be made without using destructive measures (i.e.
"*nqffil,i:n
or demolitio'n},, Survey information shall be spot checked to the extent that Consultant
has satisfled itself as to the reliability of the information.
3.3 ltntentftimfiflyffitteol
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or otheruise becomes aware of any fault or defect in the Project, or
82
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 undel this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, howeve t.tne City shall at all times
have the right to approve or reject any such requests for any rea-.qoffie basis.
lN\T , ..3.7 The City Commission shall be the final authority to'do or to appffi the following actions
or conduct, by passage of an enabling resolution or am€hdment to this AgreBffient:
3.7.1 Except where otherwise expreSsly noted in the Agreement 'oi''"the Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendmente+r modifications to this Agreement.
't'i t'r
3.7 .2 The City Commission Shall y to consider, comment upon, or approve
any assignment, sale, transfer lr suUtettirg ;f this Agreement. Assignment and transfer
shall be defined
,,to
also in"rroB..#]L or tn" : *"iority of the stock of a corporate
consultant.
3.7.3 Upon Written @Uest 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
?,, .d the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenruise 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.
83
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 Manag€r,shall be authorized, but not
required, to reallocate monies already budgeted toward paynrent of the Consultant;
provided, however, that the Consultants ompensation (or other budgets established
by this Agreement) may not be increars;d witho_ut the prior approva! of the City
Commission, which approval (if granted',at all) shallie in its sole and reasonable
discretion.
3.8.4 flntentionally Omitted]
il{r,\$
3.8.5 The City Manager''may approve Contract Amendments which do not
,
exceed the Sum 6f-,!,ryent! five thousand dollars ($25,000.00) (or other such amount as
,ay b ecified By tne City of Miami Beach Purchasing Ordinance, as amended);
provided ,jlo 9,9 .rmendments
inCrease any of the budgets established by this
Agreement.
Ltiri:!=
3.8.6 The Citf=-@anager may, in his/her sole discretion, form a committee or
committees, or jnquir 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).
84
ARTICLE 4. RESPONSIBILITY FOR CONSTRUGTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
85
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 Consulta*1.,,$,rfo[f9r,ving receipt of written
authorization by the Project Coordinator (which authorizaliqfi:'must 'be obtained prior to
commencement of any such additional work by Consu ' written authorization shall
contain a description of the Additional Services required;'ah hourlyfee,,.(...!..|r accordance with the
rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbur Expenses (if any)
with a "Not to Exceed" amount; the amended ConStruction Cost Budget (if'Ep,,,p,ficaUe); the time
required to complete the Additional Services; and an amended Project Schedilb {ff 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 wri@uthorization of the Project Coordinator. The "Not to
Exceed" amount is not a guaranteed mumgsl;or the addili1 al work requested (or, in the
case of Reimbursables, for the expens@, ang.,4lI $Usts,applicable to same shall be verifiable
through time sheets (gng,,for: Reimbursablds, expense reViews).
.,,,,=.,,'.,,,, iiu ;
.;.'lll i lllil::::5.2 Additiohal,Services may include, but noi..be limited to, the following:
5.2.1 Protiiding addltfting,l ork relatiVe to the Project which arises from subsequent
, ciicumstances and causei wniCn do not currently exist, or which are not contemplated
by the B'arties at the:time of execution of this Agreement (excluding circumstances and
causes resulting from erftifomission, inadvertence, or negligence of Consultant).
5.2.3
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
ariseh from the error omission, inadvertence, or negligence of Consultant.
! ntentionally Omittedl
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).
86
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 Project. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant)..i...
Notwithstanding the above, any Reimbursable Expenses inexcess of $500 must be authorized,
in advance, in writing, by the Project Coordinator. lnffies or vouchers for Reimbursable.:::: :::
Expenses shall be submitted to the Project Coordina.tor (alohg with any porting receipts and
other back-up material requested by the Project Goordinator). Consultant shall certify as to each
such invoice and/or voucher that the amounts
.ftens
clfud as reimbursabE are "true and
correct and in accordance with the Agreement." ', ,E***
6.2 Reimbursable Expenses may include, but not Oe tiiliteO to, the following:
:
6.2.1 Cost of reproduction, courier, and postage anU handling of drawings, plans,
specificatio_1.$ and other Project doquments (exeluding reproductions for the office use
of the Coni'iiltan[idnd its sub-consultants, and courier, postage and handling costs
betw*n the Consultant and its sub4onsultants).
6.2.2 Cost5 r reproductidfi-and preparation of graphics for community workshops.
"
|', 6.2.3 Permit fees iequired by City of Miami Beach regulatory bodies having
::,::,j, ':::: :,
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
87
exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted
with each invoice). No mark-up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not).
..:,,. .:
7.4 Approved Reimbursable Expenses shall be paid in a=ffiaftce with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in $hedutd rBi hereto. Any request for
payment of Reimbursable Expenses shall also be included with ConsuJta-n"t's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESGALATION: During the Term ot tnis njreement, the City may, by *ri,t"n directive
approved and executed by the City.Ir/anager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, tOgr,p.,fkrct the change in'the Consumer Price lndex (CPl) on a
year to year basis. Such adjustment *ffi,E$a.r"l._on the cumulative change of the CPI for the
Miami urban area, provided that in no event shEll €y,,the annual:increase exceed three percent
(3"/").
7.6 No retainage shall be made from the''Crcnsultant's compensation on account of sums
withheld by the City'6n paymen-h to Contractor.
; !tt;',I. ,,,,,.
'' :t '
7.7 .==METH€D{F. BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in itimely manner, j,no mord than once on a monthly basis. lnvoices shall identify the nature
in*tent"nt of the *oiftip'U.rormed; ihe totat hours of work performed by employee category; and
tne re$ifi*et hourly nifffS rate associated therewith. ln the event sub-consultant work is used,
the percei{3$e of compldtion 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
rl:::i:l:
Coordinator for th6:iiequested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7 .7.1 lf requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
88
89
or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
s)
g) 9.2 The Consultant is permitted to reproduce copyrighted material described above
subject to prior written approval of the City Manager.
s)
g) 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to
adapt copyrighted material for additional or other work for the City; however, payment to the
Consultant for such adaptations will be limited to an amount not Or-gter than 50% of the original
fee earned to adapt the original copyrighted material to a new site. ::::
g) .: : t,.
g) 9.4 The City shall have the right to rndUify the Project or any components thereof
without permission from the Consultant or with,egf, ?,f y additioq...al compensation to the Consultant.
The Consultant shall be released from any liability resulting ftrcrngch modification.
s)
9.5 The Consultant shall bind all sub-consultants to tnEdifr*rent requirements for re-use of
plans and specifications.
ARTICLE 1 O. TERMINATION OF A-q.IREEMENT
10.1 TERMINATION-FOR,WCKg FU=-_!,...Dj:'The City is a governmental entity and is subject
to the=app@riation of funds by its legislativg body in an amount sufficient to allow continuation of
its,performance'ih accorOanCe with tne terms and conditions of this Agreement. ln the event there
i+a lack of adequate fundinS hei'-for the Services orthe Project (or both), the City may
terminate this Agreement withoutiurther liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for=eause, 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
90
10.2.2
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or otherurrise. The Consultant shall be liable to
the City for any additional cost(s) incurred by the City due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Agreement not been
terminated.
:.
ln the event of termination for cause by the City, the City s,Haili
lbnly be obligated to pay
...{\lrl I
Consultant for those Services satisfactorily performe -,..:' accepted prior to the date of
termination (as such date is set forth in, or ca e calculated from, the City's initial
written default notice). Upon payment of any amount which'may# due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liarblf,il1y to Consultant.
10.2.3 As a condition precedent to re[ease of any payment which inay be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
to the Project Coordinator a-By_-_-a.nd all Project documents prepared (or caused to be
prepared) by Consultant(incltidifi@$o.yt limitation, those referenced in subsection 9.1
hereof). The City shall not nyes0dniibl,,,g=|,'gl uny. cost incurred by Consultant for
assembly, copy,, and/or delivery otfl,ojebt 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 t ate this Agreement, upon fourteen (14) days
prior written.,.!p,,1,,., to Consultah['.;or conveniehce, without cause, and without penalty, when (in
its Sole diSCrE
i-]
deems such termination to be in the best interest of the City. ln the event the
City terminates the'A{rieement foi.,convenience, Consultant shall be compensated for all Services
sati#fi,p1orily performed,and accepted up to the termination date (as set forth in the City's written
noticdppd for Consultant's costs in assembly and delivery to the Project Coordinator of the
Project docUrnents (ref@ced in subsection 10.2.3 above). Upon payment of any amount which
may be due to So,ns-u. t 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;
91
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initial written notice).
10.4.1The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause
or for convenience), the Consultant shall immediately, upon receipt,,.q..,,,.lJ" City's written notice of
termination: (1)stop the performance of Services, (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontiacts; andr.(4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
l:,)
ARTICLE 11. INSURANCE
11 .1
"1.q1,-\i-..,1;:iii,1l'
At all times during the Term of this Agreement=.,,,, nsultant shall maintain the following
required insurance coverage in fuli"force and effect. riElcon.rltant shall not commence any
work until satisfactory proof of all required insurance coverage een furnished to the Project
Coordinator'. ,=
(a) Prof,esSional*bility lnsurance, in the amount of one million dollars
($1,000,0.$$;QOJ, per rrence, with a m_aximum deductible of $150,000 per occurrence,
$450,000 ag$FEgate
".tr_1,! 1...3$hall notffi the Project Coordinator, in writing, within thirty
(30) days of any Clairng filed of' ffiFgainst its Professional Liability lnsurance policy.
'.w:
Lr (b) Comprehensive Ce@t Liability lnsurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
il:ffi
The Crty of Miami Beach, Florida must be named as an additional insured on
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
iiii;;:*
92
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,
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florid8 $tatutes, the Consultant shall indemnify and
12.2 ,.The Consultant agrees and recognizes that the City shall not be held liable or
responsible for'any el-ims which may result from any negligent, reckless, or intentionally wrongful
actions, errors or omissions of the Consultant in which the City participated either through review
or concurrence of the Consultant's actions. ln reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
hold harmless the City and its officers, employees, agentsa and instrumentalities, from liabilities,
damages, losses, and costs, including, but not limited to, ieasonable attorneys'fees, to the extent
caused by the negligence, recklessness, or intentionally wroh$fficot-tduct 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
:; "'::::::::::l::1'...:::aaaa_|.
defend all claims;',suits, or adtidns of any kind or nature in the name of the City, where applicable,
including appellate q{,fi-fhr.,.O' ,,,rnd
.n",' pay all 'costs, judgments, and attorney's fees which
may issue thereon. Co=-astrltafit=+Xpr*:,9
. ?$"rstands
and agrees that any insurance protection
required by this Agreeme*t.-oL othenrrriSd-'provided by Consultant shall in no way limit its
responsibility to indemnify, k and save harmless and defend the City or its officers,
employees, agents, and lnstrumenta]ities as herein provided.
93
Damages shall include delay damages caused by the error, ornission, or A, , ombination thereof.
Should the Consultant disagree that all or p-art of such damages are'4fifi#r', of errors,
omissions, or any combination thereof, the Consultant may al.peal this deterrifiiiiiton, in writing,
to the City's Capital lmprovement Projects Director (the Director). The Director's decision on all
claims, questions and disputes shall be final, conclusive and binding upon the parties hereto
unless such determination is clearly agbitrary or unreasonable. ln the event that the Consultant
does not agree with the decision of the Diieq! ,the€onsultantshall present any such objections,
in writing, to the City Manager. The Dn*&',.-tor and-&-.$qtrltant shall abide by the decision of the
City Manager. This paragraph does not @nstittite a waiffilof any party's right to proceed in a
court of competent jurisdiction'after the aboVdladministratiVe remedies have been exhausted.
ARTICLE 14. LIMITATION OF'LIABII.ITY i
:::::::jt I
,,,,,,ffii,9.city
desires to' r into this Agreement only if in so doing the city can place a limit on its
tiffity for any cause of action foi honey damages due to an alleged breach by the City of this
nSredit o that its liability for any such breach never exceeds the "not to exceed" amount of
the fee Oai€,,to onsultanf under this Agreement, less any amount(s) actually paid to Consultant
hereunder. "'eon1,,,y,,,, nt'hereby expresses its willingness to enter into this Agreement, with
Consultant's recoVEU 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.
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS:It is specifically agreed that any construction
changes categorized by the City as caused by an error, an omission, or any combination thereof
in the Contract Documents that were prepared by the Consultant will constitute an additional cost
to the City that would not have been incurred without the error. The damages to the City for
errors, omissions or any combinations thereof shall be calculate,,(.Sg! the total cost of any
damages or incremental costs to the City resulting out of thr#erroiS or omissions by the
Consultant.
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
94
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. NOTIGE
All written notices given to City by Consultant shall be addressed to:
"
ri,.,,::. :City Manager's Office ,u.,:r'..,.t'
City of Miami Beach '-
",=,.,,j='
'1 700 Convention Center Drive .-.:.::.:.::..::
.
Attn: XXXXXXXXXXXXX "i:;'
-,, :,r. , ..,.....,.,,. .*fr.
With a copy to: .,i,: :- , i:. ':ri':'
Ca pita I I m prove m e"q-.t P ec-ts_,OJf ice
City of Miami B*d$.t!.;u" ,#
1 700 Convention c8fri8r. oriv #!i,t.,,.
=-..*.==,..=..=...r,-=::S =: ':":=
"'\
'l*::: :'
Miami Beach, Florida 33139 "':;=
Attn: XXXXXXXXXXXXXX=,,
.. - . r :ii:.!:i.ii:7/;1!:t:,ri\.\s
,t :r::
tt,:-=t=
All written notices given to the ConSultant from the City shall be addressed to:
ry
XXXXXXXXXXXXXXX
XXXXXXXXXXYffi
XXXXXXXXXXXXXXX
Attn: XXXXXXXXXXX
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
95
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Cottrt, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNIW EMPL.O,,,,Y ENT GOALS: Consultant agrees that it will
not discriminate against any employee ot""'rpdfut for employment for work under this
" ;::
Agreement because of race, color, national or'i(if$i!ion,"" sex, gender identity, sexual
orientation, disability, marital or familial status, or age, aEry take affirmative steps to ensure
that applicants are employed and emplqyees are treated dufri.ilg
,,,1*3.p1oy*"nt
without regard to
race, color, national origin, religion, sex, gendel identity, sexual o'rjdntation, disability, marital or
familial status,
.::=
16.3 PUBLTC e*;tlW inf#ES AGT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florldd $tatutes), a $erson or affiliate who is a consultant, who has been placed on the
convicted vendor list fOllowin$!a,'.oo.nv;,9J1o,,,,,.L.. a public entity crime may not submit a bid on a
, ::t:t::_r -
contract to Fi.o.ni any g'oq$p or seniiedS io the City, may not submit a bid on a contract with the
C,tty for tfre conStiu&n or r5p&of a public building or public work, may not bid on leases of real
pioDerty to the City, may not be ded or perform work as a contractor, supplier, subcorttractor,
or subconsultant under a contract with the City, and may not transact business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 months from the date of being placed on the convicted vendor list. For violation
of this subsection by Consultant, City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
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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 otheruyise recover) the full amount of such fee, commission, percentage, gift, or
consideration.
16.5 LAWS AND REGULATIONS:
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16.5.1 The Consultant shall, during the Term of this Agreemert, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and: coOes which may have a
bearing on the Services involved in the Project. 'i',,,, ===
16.5.2ProiectDocuments. ln accordance with Section 119.07 (3) (ee), ifffib Statutes,
entitled "lnspection, Examination, and Duplication of Records; Exempti0ns," all building
plans, blueprints, schematic drawings, and diagiams, including draft, preliminary, and final
formats, are exempt from therlpr,ovisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), a,?9=r 24(a), Articl€, I of the State Constitution.
lnformation made exempt by this paragiaph, with prior written approval from the City
Manager, may be disclosed to another efiy to rc*orm its duties and responsibilities; to a
licensed architect, engineer, or contractor who is'performing work on or related to the
Project; or upon a showiny of good..:*"-*or1 a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of the
=
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= t6.5i2,,ilt ln ddition to the requirements in this subsection 16.5.2, the
Consul@ agrees,:to abide by all applicable Federal, State, and City procedures,
i:..., as may h? amended from time to time, by which the documents are handled,
: Oied, aEd distributed which may include, but is not limited to, each employee of
'@sultant and sub-consultants that will be involved in the Project being required
tot-ign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
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16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare,
without added compensation, all necessary supplemental documents to correct errors, omissions,
and/or ambiguities which may exist in the Contract Documents prepqred 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.oifier doiuments or Services related thereto.
16.6
16.7
.e.
WARRANTY: The Consultant *j?l'.-E}ts that ihe Services furnished to the
under this Agreement shall conform to the quality eipected of and usually provided by
profession in the State of Florida, applicable to the design and construction of public ,
com mercial facilities.
City
the
and
Agreement, tfre C-$V i5 no cluded from retaining or utilizing any other architect, engineer,
design professi0-na.f,,or otherynsultant to perform any incidental Basic Services, Additional
Services, or other Orffiion4l59_ril5 within the contract limits defined in the Agreement. The
Consultant shall have -o'e]r aii4 the City as a result of the City electing to retain or utilize
sucb othdi architect, engmeE esign professional, or other consultant to perform any such
indidental Services.
16.8 NON-EXCLUSIVITY: Notwithstanding :any provision of this non-exclusive
s) ' 16.e ASSIGNMENT: The Consultant shall not assign, transfer or convey this
Agreement to any other person, firm, association or corporation, in whole or in part, without the
prior written consent of the City Commission, which consent, if given at all, shall be at the
Commission's sole option and discretion. However, the Consultant will be permitted to cause
portions of the Services to be performed by sub-consultants, subject to the prior written approval
of the City Manager.
s)
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
98
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: In the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
16,12 !NTENT OF AGREEMENT:
s) 16.12.1 The intent of the Agreemenfriiii$rfor the Consultant to provide design
services, and to include all necessary items fdf the prop,,.9r completion of suchservices for a
fully functional Project which, when construCted in 3ccordpe with the design, will be able to
be used by the City for its intended purpose. The Coasultant shall perform, as Basic Services,
such incidental work which may not be specifically iEfdrenced, as necessary to complete the
This Agreement is for the benefit of the p5rties only and it does not grant
Project.
s) 16.12.2
rights to a third O-?.,,..+,,,y 1.!+iary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain' for personal injuries, professional liability, or property damage
pursuant to tn e1 or. Orys of the Agreement.
.-.,]1f,.t;. -gNo acceptance, order, payment, or certificate of or by the City, or its employees or
;;':''' agents, Sh*I[+ner stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of a or right herein reserved to the City or of any rights to
,,.:.i ,
,:, ..16.13 Tfik, document incorporates and includes all prior negotiations, correspondence,
conver s, 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.
99
F:\atto\AGUR\AGREEMENT FORMS\A & E AGREEMENTS\A & E Agreement - NEW BOILER PLATE (Clean Version 8-2-1O).doc
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
.dtiilir 4
witnesses and City Clerk on the day and year first hereinabove wEtt{en.
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CITY OF MIAMI BEACH:Attest
CITY CLERK
Attest
rifiAYOR
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il ft?*'.,.,|
,**xxxxxxx
Signature/Secretary Signature/President
Pr:idt Name .:...4::!;::Print Name
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SCHEDULE A
SCOPE OF SERVICES
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SGHEDULE B
CONSULTANT COM PENSATION
Planning Services
Design Services*
Bidding and Award Services
Construction Administration *
Rei m bu rsable Al lowance***
Schedule of Payments
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I .'t$.. 0'00
Ll,, ' ',,,..",, $xxofixxx
$xxxxxxxx=
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$xxxxxxxx
Note*: These services will be paid Iump sum based oil FB\eentage:.complete of each phase as
Historic Preservation Board / Design Review Board (if required) $0.00
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
construction.
ln the event that, through no.f.aq,|tof the Gonsultant, Construction Administration services are
required to be extended, whiCh"*ension shatl be subject to prior City approval, and what shall
be at the Gity'S sole-iii5cretion,'=ft Consultant agrees to extend said services for $XXXXXX, per
month, foi'the duratioh rCeyi;eO to eomplete the Project.
Note**:'The Reimbursable Allowance belongs to the Gity and must be approved in writing, in
advance, by:,thg Project Go:ordinator. Unused portions will not be paid to the Consultant.
,FL
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SCHEDULE C
HOURLY BILLING RATE SGHEDULE
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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.
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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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