20170426 SM1MIAMIBEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 1 (4t21 t2017)
City Hatl, Commission Chambers, 3'd Floor,1.TOO Convention Center Drive
April26,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Com missioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Gode of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are availabte in the City Glerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5 X AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 42OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"EMERGENCY SERVICES," OF ARTICLE II, ENTITLED "ALARM SYSTEMS," BY AMENDING
DIVISION 3, ENTITLED "BURGLAR ALARMS," BY CREATING SECTION 42-92, THEREOF TO BE
ENTITLED -SECURITY CAMERA VOLUNTARY REGISTRATION PROGRAM," BY PROVIDING
INCENTIVES TO PRIVATE PROPERTY OWNERS THAT INSTALL AND REGISTER SECURITY
CAMERAS WITH THE CITY, AND FURTHER INCENTIVIZING THOSE PRIVATE PROPERTY
OWNERS THAT DIRECTS A SECURITY CAMERA TOWARDS THE PUBLIC RIGHT-OF-WAY;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Readinq Office of the City Attorney
Commissioner Micky Steinberg
Supplemental updated on 412112017
(Memorandum & Ordinance)
1
Supplemental 1, April 26,2017
R7 - Resolutions
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL
YEAR 2016117.
11:05 a.m. Public Hearinq Budget and Performance lmprovement
Supplemental updated on 412112017
(Memorandum)
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE FINDINGS AND WRITTEN RECOMMENDATION OF THE CITY
MANAGER WITH RESPECT TO THE INDIAN CREEK DRIVE/STATE ROAD (SR)A1A, 26 STREET
TO 41 STREET - FLOODTNG MtTtGATtON PROJECT (THE "PROJECT"), AND CERTIFYING A
VALID PUBLIC EMERGENCY PURSUANT TO SUBSECTIONS 287.055(3)(a)(1) AND (9)(c)(6),
FLORIDA STATUTES; AND, AS PERMITTED PURSUANT TO SUBSECTION 2-367(e) OF THE
CITYCODE, WAIVING, BY5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING
FURTHER THAT THE BEST INTEREST OF THE CITY WOULD BE SERVED BY SUCH WAIVER;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK ENGINEERING, APPROVED
PURSUANT TO RESOLUTION NO. 2016-29456, FOR THE PROJECT; SAID AMENDMENT lN THE
AMOUNT OF $863,171.92 PLUS A $86,317.19 CONTINGENCY, FOR A TOTAL AMOUNT OF
$949,489.11, TO PROVIDE FOR THE PREPARATION OF A SET OF CONSTRUCTION PLANS
FROM 25TH TO 26TH STREET, AND 26TH TO 41ST STREET, INCLUDING SIDE STREETS
ALONG THE ENTIRE PROJECT LIMITS, WITH THE CONSTRUCTION PLANS TO INCLUDE
ROADWAY, TRAFFIC CONTROL PLANS, SEAWALL, DRAINAGE, SIGNING AND PAVEMENT
MARKINGS, LIGHTING AND SIGNALIZATION COMPONENTS, AND RELATED IMPROVEMENTS.
Public Works
Supplemental updated on 412112017
(Memorandum)
2
Ordinances - R5 X
COMMISSION MEMORANDUM
Honorable Mayorand Members of the City Commission
Raul J. Aguila, CityAttorney
April 26,2017
MIAAAI BEACH
TO:
FROM:
DATE:
First Reading
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "EMERGENCY SERVICES," OF
ARTICLE II, ENTITLED -ALARM SYSTEMS,' BY AMENDING DIVISION 3,
ENTITLED 'BURGLAR ALARMS," BY CREATING SECTION 42-92,
THEREOF TO BE ENTITLED "SECURITY CAMERA VOLUNTARY
REGISTRATION PROGRAM," BY PROVIDING INCENTIVES TO PRIVATE
PROPERTY OWNERS THAT INSTALL AND REGISTER SECURITY
CAMERAS WITH THE CITY AND FURTHER INCENTIVIZING THOSE
PRIVATE PROPERTY OWNERS THAT DIRECTS A SECURITY CAMERA
TOWARDS THE PUBLTC RTGHT-OF-WAY PROVIDtNG FOR REPEALER,
SEVERABILITY CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
Commissioner Micky Steinberg has proposed an Ordinance anrendnent to Chapter 42, by creating
Section 42-92 that will be titled "Security Camera Voluntary Registration Program." The proposed
Ordinance is intended to provide incentives to private property owners to install and register security
caneras with the City.
Legislative Tracking
Office of the CityAttorney
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
o Ordinance
Page 1140 of 1808
3
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA. AMENDING CHAPTER 42 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "EMERGENCY
SERVICES," OF ARTICLE II, ENTITLED "ALARM SYSTEMS," BY
AMENDING DIVISION 3, ENTITLED "BURGLAR ALARMS," BY
CREATING SECTION 42.92, THEREOF TO BE ENTITLED ..SECURITY
CAMERA VOLUNTARY REGISTRATION FROGRAM,'' BY PROVIDING
INCENTIVES TO PRIVATE PROPERTY OWNERS THAT INSTALL AND
REGISTER SECURITY CAMERAS WITH THE CITY, AND FURTHER
INCENTIVIZING THCI$E PRIVATE PROPERW OWNERS THAT
DIRECTS A SECUBITY CAMERA TOWARDS THE PUBLIC RIGHT.OF.
WAY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, security or surveillance cameras serve to deter individuals from committing
crimes, and further provide assistance to law enforcement in the apprehension of those persons
that commit these criminal offenses; and
WHEREAS, the Miami Beach Police Department believes that access to recorded video
footage and images, which are captured by these security or surveillance cameras, would result
in the securing of essential evidence that would be likely utilized in solving criminal cases; and
WHEREAS, the Mayor and City Commission seek to encourage private property owners
to point at least one (1) security or surveillance camera, which are located on their property,
toward the City's right-of-way in order to support the Miami Beach Police Department with their
criminal investigations; and
WHEREAS, the Mayor and City Commission believe that a voluntary registry for private
security or surveillance cameras will encourage those individuals, who have these security or
surveillance cameras on their property, to directly point these camera(s) toward the City's right-
of-way; and
WHEREAS, the Mayor and City Commission seeks to provide direct incentives to
encourage the registration, and the future installation of security or surveillance cameras by
private property owners.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA A$ FOLLOWS:
SECTION 1. That Chapler 42 entitled "Emergency Services," of Article ll entitled "Alarm
System$," of Division 3 entitled "Burglar Alarms," of the Code of the City Miami Beach is hereby
amended to create Section 42-92 to be entitled "Security Camera Permit," as follows:
CHAPTER 42
EMERGENCY SERVICES
Page 1141 of 1808
4
Article ll. l\larm Systerns
**:h
Division 3. Burglar Alarms
Sec. 42-92. Resenred, $ecuritv Camera Voluntarv Reqistration Program.
(g) Req,sfry. The Citv is hereby establishinq a voluntary securifu or surueillancg camera
reoistrv. and encouraqes orivate propertv owners (commercial and residential) to point at
least one ('l) security or surveillance camera. which is directlv located upon their
propertv, toward the Citv's riqht-of-way gnd. reqjEter the location of that securitv or
surveillance camera with the Citv.
(E) /ncenfives. Private prooertv owners that voluntarilv reoister their orivate securitv or
surveillance cameras with the Citv. which are currentlv installed upon the propertv or that
will be installed upon the propertv and reqistered with the Citv. will receive the following
incentives:
(!) Waiver of those permit fee(s) and exoedited oermit approval process for the
installation of a neu/ alqtrE svstem that inclu$.gs security or surveillance cameras. or
the uporade of a current alarm svstem that will include the installation of new or
additional cameras: and
(!l Waiver of those oermit fee{s} and expedited permit approval process for the
installation of anv new securitv or surveillance cameras systern (without an alarm
svstem). or the uporade of an existing securitv and surveillance system that will
include the install?tigrl.o{-rlew or additional securitv or surveillance cameras:
13) Private oropertv owners who reqister. or install and feoister their securitv or
surveillance cameras. and who ooint at least ong I.1) sg.q$fitv or surveillance camera
toward the Citv's riqht-of-wav. will be permitted three {3) false alarms waivers for
every calendar vear.
SECTION 2- REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page '1142 of 1808
5
sEcTtoN 4. coDlFtcATtoN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or re-leftered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word,
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this day ol 2017.
I\TTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponscred by Commissioner Micky Steinberg)
APPROVEDASTO
FONM &UNGUAGE
Page 1143 of 1808
6
Resolutions - R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Jinmy L. Morales, City Manager
DATE: April 26,2017
11:05 a.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO
THE CAPITAL BUDGET FOR FISCAL YEAR 2016117.
RECOMMENDATION
See Memorandum attached.
Legislative Tracking
Budget and Performance I mprovement
ATTACHMENTS:
Description
u FY17 4th Capital BudgetAmendrnentr
Page 1171 of 1808
7
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIty OF
MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2016117.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROTIND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital lmprovement Plan ('Ctp') serves
as the primary planning tool for systematically identifying, prioritizing and assigning iunds io
cnitical city capital development, improvements and associated needs.-
The City's capital improvement plan process begins in the spring when all departments are Easked to prepare capital improvement updates and requests on thL department's ongoing and ;proposed capital projects. lndividual departments prepare submittals identifying poGntial N
fr"rnding sources and requesting commitment of funds for their respective projects. :
o
The CIP is updated annually and submitted to the City Commission for adoption. The Fy F2016fi7 '2020121 Capital lmprovement Plan and FY 2016fi7 Capitat Budget was adopted on
September 27,2016 by Resolution No. 2016-295g2.
The First Amendment to the FY 2016117 Capital Budget was approved on November g, 2016 by
Resolution No. 201 6-29637.
The Second Amendment to the FY 2016t17 Capilal Budget was approved on January 11, 2O1T
by Resolution No. 2017-29717.
The Third Amendment to the FY 2016t17 Capital Budget will also be heard at the April26, 2017
Commission Meeting before review of this proposed amendment.
8
Resolution Adopting the Fourth Amendment to the Capital Budget for FY 2016117
April26,2Q17
Page2 of7
Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must
be adopted in the same manner as the original budget. Administration recommends adopting
the resolution for the fourth amendment to the FY 2016117 Capital Budget.
FOURTH AMENDMENT TO THE FY 2016/17 GAPITAL BUDGET
The Fourth Amendment to the FY 2016/17 Capital Budget totals an increase of $58,430,667.31
and re-appropriates $4,541 ,143.47 in order to provide additional funding to the following capital
projects.
1. Belle lsle Park Playground: On March 17th,2017, the Neighborhood/Community Affairs
Committee voted in favor of building the Belle lsle Park Playground. An amount totaling
$230,000 is needed to construct the playground at Belte lsle Park which will also serve as a
nearby temporary play space during the Maurice Gibb Park closure. Funding for this
amendment would come from a transfer from the Maurice Gibb Park Redesign project which
is currently funded from the Parks and Recreation Beautification Fund- 366.
Prior Years' Appropriations $0
April 26, 2017 Budqet Amendment 230,000
Proposed Total Aporopriations $2s0"000
2. Office of Gommunications Remodel: Originally funded at $150,000, additional funding in
the amount of $59,954 is currently needed for replacement of duct work, electrical wiring,
structural reinforcement of beams, and construction of new floors. Funding for this
amendment would come from lhe 777 Buitding Elastomeric Coating ($34,954) and the
South Shore Community Center Exterior Coating ($25,000) projects. The 777 Building
Elastomeric Coating and the South Shore Community Center Exterior Coating projects are
both complete. Both of these projects are currently funded from the Capital Renewal and
Replacement Fund - 125.
Prior Years' Aporooriations $1s0.000
April 26, 2017 Budqet Amendment 59,954
P roposed Tota! Appropriations $209,954
3. Gonvention Center Additional Improvements: Art Basel Miami Beach (ABMB) has
requested additional improvements to the Convention Center Renovation Project which
constitute a change in scope, and will result in cost increases to the project. These include a
direct connection from the exhibit space to the ballroom through additional escalators and
an elevator ($2,875,000). The City's agreement to construct these improvements shall be
subject to City Commission's approval of a long term agreement with Art Basel. Approval to
proceed with the design portion in the amount of $124,240 is being requested via separate
Commission item. ln addition, upgrades to the existing kitchen, not contemplated in the
original project scope, were necessary in order create a second full service kitchen in the
location of the existing east kitchen ($1,100,000). This amendment also inctudes the 1.5%
allocation for Arts in Public Places in the amount of g59,625. Any amounts authorized herein
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Resolution Adopting the Fourth Amendment to the capital Budget for FY 2016t17
April26, 2017
Page 3 of 7
shall be added to the Owner's Contingency for the project, for use by the City Manager in
the same manner as provided in Resolution No. 2015-29188. Funding forthis amendment
would come from the Convention Center Operations Fund - MO ($1,557,173.68),
Convention Center CDT lnterlocal Funds 441 (919,920.70) and M2 ($2,457,S30.62).
Prior Years' Aopropriations $602.435.381
April 26, 2017 Budqet Amendment 4.034.625
Proposed Tota! Appropriations $606,470.006
4. City Center RDA - Convention Genter: Funding in the amount of $3,381 ,241 is requested
for the construction of the stormwater culvert along Convention Center Drive and to raise the
roads on 18h and 19n Street and Convention Center Drive to 3.7 NAVD. Funding for this
amendment would come from South Pointe Capital Fund - 389.
Prior Years' Aoprooriations $21,933.002
April 26, 20'17 Budqet Amendment 3.381.241
Proposed Total Appropriations $25.314.243
5. Fire Station #4 Roof: An amount totating $73,757 is cunently needed in order to replace
the roof at Fire Station #4. Funding for this amendment would come from the closure of the
Ocean Rescue Lifeguard Station Replacement project which was completed under budget.
This project was funded from the Capital Renewal and Replacement Fund -125.
Prior Years' Aooropriations $0
April 26, 2017 Budget Amendment 73.757
Proposed Total Aoprooriations $73,757
6. lndian Creek Park Seawall: This amendment appropriates an additional $40O,OOO for the
construction of a sheet pile seawall and retaining wall along the park seaward side. The
funding is for permitting, mitigation, and to complete the construction in order to qualify for
the matching grant of $700,000. Funding for this amendment would come from the South
Pointe Capital Fund - 389.
Prior Years' Appropriations $1.561.502
April 26, 2017 Budoet Amendment 400.000
Proposed Total Appropriations $1,961,502
7. Fire Station #3 Mold Remediation: An amount totaling 9240,500 is needed to perform a
mold remediation on Fire Station #3. Funding for this amendment would come from the
following sources:
. $'17,600 from the Fire Station #3 Carpet Replacement project. $6,900 from the Fire station #3 Main Restroom Renovation projecto $32,000 from the Fire Station #3 parking Lot Resurface project
. $52,000 from the Fire Station #3 Bathroom Renovation project. $7,000 from Fire Station #1 Carpet Replacement project
. $125,000 from CapitalRenewal & Reptacement Fund Balance -125
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Resolution Adopting the Fourth Amendment to the Capital Budget for FY za16l1z
April26,2O17
Page 4 of 7
Prior Years' Aoprooriations $0
April 26, 2017 Budoet Amendment 240.500
Proposed Total Appropriations $240,500
8. Muss Park Seawall: An amount totaling $340,423 is needed due to construciion cost
estimates being higher than anticipated. Additionally, increased landscape scope is required
for the protection of existing mangroves and trees. Funding for this amendment would come
from the following funds:
o $319,000 from Pay-As-You Go Fund Batance - 802. $21 ,432from Capital Reserve Fund Balance - 304
Prior Years' Appropriations $842,000
April 26, 2017 Budoet Amendment 340.423
Proposed Total Appropriations $1,182,423
9. De-appropriation of Surface Lot Projects: This amendment de-appropriates funding from
the following surface lot projects:
r Lot BH 4001 Prairie Avenue - $922,044.07. Lot 10D Jefferson Avenue and Lincoln Lane South , $S57,OOOo Lot 10F Lincoln Lane South and Meridian Avenue - $302,000r Lot 10G 1620 Michigan Avenue - $175,000r Lot 22x North Shore Youth Center - $922,077.62
A,s a result, $2,878,121.69 will be remitted to Parking Fund- 480 fund balance.
10.North Shore Park Tennis Center Fence Reptacement: This amendment would
appropriate $130,000 in order to replace the fence at the North Shore Park Tennis Center.
The current fence is hazardous as portions fall during heavy winds and has to be
continuously repaired. The replacement will provide a safer and visually appealing fence forall customers to enjoy, Funding for this amendment would come from
Pay-As-You-Go Fund - 302.
Prior Years' Appropriations $0
April 26, 201 7 Budqet Amendment 130,000
Proposed Total Appropriations ${30.000
11. Palm lsland Park Playground Surface Reptacement The Palm lsland Park playground is
heavily used by the neighborhood, primarily by toddlers, and playgrounds must have
protective sudacing under playground equipment to absorb shock of jumps or falls. The
current surfacing at the playground is deteriorated and is lifting in some areas, has holes in
the material and there are cracks throughout. An amount totaling g58,0OO is needed in order
to replace the existing rubber tites at the Palm lsland Park Playground with pour-in-place, a
rubberized playground safety surface that dries seamless and smooth, which is currenfly
being used at almost all City playgrounds. Funding for this amendment would come from
Pay-As-You-Go Fund - 302.
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Resolution Adopting the Fourth Amendment to the Capital Budget for FY 2016117
April26,2017
Page 5 of 7
Prior Years' Appropriations $0
April 26, 2017 Budoet Amendment 58.000
Proposed Total Appropriations $58,000
12.1"1 Street-Alton Road to Washington Avenue South Pointe: An amount totaling
$1,800,000 is needed for the design and construction of a new stormwater pumping station,
new drainage lines, and to reconstruct the roadway along 1tt Street between Alton Road and
Washington Avenue. Funding forthis amendrnent would come from the following sources:. $1,200,000 transfer from the Flamingo 10G- 6th Street Right of Way project within RDA
South Pointe Capital Fund - 379
. $241,799 transfer from the South Pointe Park Remediation Projed within South Pointe
Capital Fund - 389
. $358,201 from- the Stormwater Line of Gredit, pending the issuance of Stormwater
Bonds - 429. trr{
Prior Years' Appropriations $0
April 26, 2017 Budqet Amendment 1.800.000
Proposed Total Appropriations $.|.800,000
13. West Avenue Phase ll lmprovements: At the March 1, 2017 Commission meeting the
West Avenue Phase ll project was awarded per Resolution No. 2017-29772 and 2Q17-
29773 totaling $62,220,071 for design, permitting, construction management and
construction of the West Avenue Phase II improvements. Funding in the amount of
$56,1 08,748.47 for this amendment would come from the following sources:. $577,735.47 from the Baywalk Phase I project
. $530,000 from the West Avenue Protected Bike Lanes project
. $36,667,342 frpm the Stormwater Line of Credit, pending the issuance of Stormwater
Bonds - 429 ffrl
$18,333,671 from the Watpr and Sewer Line of Credit, pending the issuance of Water
and Sewer Bonds - 419 i1i
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Prior Years' Appropriations $0
April 26, 2017 Budqet Amendment 56j08.748.47
Proposed Total Appropriations s56_108.748.47
14. sanitation lnterior Replacement: Additional funding in the amount of $11s,000 is needed
in order to renovate this deteriorated building due to leakage in the roof going into the walls
and ceiling. Work will include removal of deteriorated drywall, replacement of ceiling tiles
where needed, replacement of men's and women's restroom sinks, lockers, benches, and
restroom partitions. Furthermore, this renovation will fund the office build out including
flooring and office cubicles, partitions and the construction of a conference room. Funding
for this amendment would come from the Sanitation Fund - 435.
12
Resolution Adopting the Foulrh Amendment to the Capital Budget for FY 2016117
April26,2017
Page 6 of 7
Prior Years' Appropriations $360.000
April 26. 20'17 Budqet Amendment 115.000
Proposed Total Appropriations $475,000
15. Seawall Repair - Fleet Management: An additional amount totaling $688,549 is needed to
construct a deep water seawall which will include sheet piling and coordination with the
federal, state, and local environmental regulatory agencies. Funding for this amendment
would come from Capital Reserve Fund - 304.
Prior Years' Aoorooriations $1.877,082
April26, 2017 Budqet Amendment 688.549
Proposed Total Aonronriations s2.565"631
16.Southgate Bayralk Fence: On January 20,2017, the Finance and Gity Wide Projects
Committee recornmended the $195,000 being requested by the propefty owner to the full
City Commission for consideration as a budget amendment.
It should also be noied that, pursuant to condition 4.f of the Design Review Board Order, the
owner of Southgate Towers is not obligated to provide public access to the baywalk until
such time as a bayrualk associated with the property to the immediate south (South Bay
CIub at 800 West Avenue) has been fully constructed and made operational. Pursuant to a
separate DRB Order, the South Bay Club has granted permission for the City to design,
permit and construct a baywalk connecting to both Southgate Towers and the Floridian
Condominium baywalk; the Floridian baywalk has been open to the public for some time.
However, there is no current funding for the proposed baywalk at the South Bay Glub. If this
particular baywalk connection at South Bay Club were to be funded, it is estimated that
design, permitting and construction would take up to 3 years. Funding for this project would
come from the South Beach Quality of Life Fund - 305.
Prior Years' Appropriations $0
April 26, 2017 Budqet Amendment 195,000
Proposed Total Appropriations $195.000
17. De-appropriation of Parking Garage Lot P13: This amendment de-appropriates funding in
the amount of $8,509,177 for this project which wilt remit funds to the following funds:. $4,724,177 to the Parking Impact Fees Fund - 155. $3,785,000 to the Parking Fund - 480
18. tlth street Flamingo Neighborhood tmprovements: An amount iotaling $6,503,312 is
needed for design, permitting, and construction services to reconstruct 11m Street from Alton
to Jefferson Avenue and from Euclid Avenue to Washington Avenue. This includes replacing
existing water, sewer, and stormwater infrastructure, street improvements relating to
elevating final grade, upgrading of lighting, new paving, and landscaping. Funding for this
project would come from the following sources:
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Resolution Adopting the Fourth Amendment to the Capital Budget for FY 2016117
April26,2017
PageT of7
. $1,387,905 transferred from the Flamingo Park Neighborhood - West Project within the
2003 GO Neighborhood Bond Fund - 384o $123,443 transferred from the Normandy lsle Neighborhood Right of Way Phase ll
project within 2003 GO Neighborhood Bond Fund - 384. $1,050 transfened from the Normandy lsle Neighborhood Right of Way Phase ll project
within Pay-As-You Go Fund - 302. $552,777 from South Pointe Capital Fund - 389. $2,495,457 lrom the Water & Sewer Line of Credit, pending the issuance of Water &
Sewer Bonds - 419 t}l. $1,942,680 from the Stormwater Line of Credit, pending the issuance of Stormwater
Bonds - 429 {bl
Prior Years' Aoorooriaiions $0
April 26, 2017 Budqet Amendment 6,503,312
Proposed Total Appropriations $6.503.312
LM/CGR
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Resolutions - R7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 26,2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND WRITTEN
RECOMMENDATION OF THE CITY MANAGER WITH RESPECT TO THE
TNDTAN CREEK DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41
STREET - FLOODING MtTtcATtON PROJECT (THE ',pROJECT"), AND
CERTIFYING A VALID PUBLIC EMERGENCY PURSUANT TO
SUBSECTIONS 287.055(3)(aX1) AND (9)(cxo), FLORIDA STATUTES; AND,
AS PERMITTED PURSUANT TO SUBSECTION 2-367(e) OF THE CITY
CODE, WAIVING, BY SNTH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING FURTHER THAT THE BEST lNTEREST OF THE
CITY WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 1 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK
ENGINEERING, APPROVED PURSUANT TO RESOLUTION NO.2016-
29456, FOR THE PROJECT; SAID AMENDMENT lN THE AMOUNT OF
$863,171.92 PLUS A $86,317.19 CONTTNGENCY FOR A TOTAL AMOUNT OF
$949,489.11, TO PROVIDE FOR THE PREPARATION OF A SET OF
CONSTRUCTION PLANS FROM 25TH TO 26TH STREET, AND 26TH TO
41ST STREET, INCLUDING SIDE STREETS ALONG THE ENTIRE
PROJECT LIMITS, WITH THE CONSTRUCTION PLANS TO INCLUDE
ROADWAY TRAFFIC CONTROL PLANS, SEAWALL, DRAINAGE, SIGNING
AND PAVEMENT MARKINGS, LIGHTING AND SIGNALIZATION
COMPONENTS, AND RELATED I MPROVEMENTS.
RECOMMENDATION
The Administration recomnends adopting the Resolution
ANALYSIS
At its March 9, 2016 meeting, the City commission approved Resolution 2016-29332 approving
an agreement between the City and Florida Department of Transportation (FDOT) for the cost
sharing of a construction project on lndian Creek Drive from 26th to 41st Streets. The
infrastructure improvements will include a new stonn water drainage system, pump station and
seawall. The existing roadway, curbs, gutters and sidewalks will be elevated to meet new flood
Page 1330 of 1808
15
elevation requirements. Driveways, light poles, signals, signage and pavement markings will be
replaced to match the new roaduay alignment and configuration.
At the June 8, 2016 meeting, the City Commission authorized the award of a professional
service agreement with Ribbeck Engineering, lnc. The total sum of the contract for this
engineering firm and subcontractor was $407,851 which consists of developing a Design
Criteria Package (DCP) and conceptual plans for approimately 0.85 miles of lndian Creek
Drive. The conceptual plans are required as reference to the DCP and will be performed in
accordance with FDOT design requirements. The DCP will include FDOT design criteria as
well as City of Miami Beach contract requirements necessary by the Design-Build Firm to
properlysubmit.
Continuing with the initiative to protect residents from tidal flooding within the City of Miami
Beach, the Public Woks Department is requesting an additional scope of work from Ribbeck
Engineering, lnc., forthe preparation of a set of lnterim construction plans from 25th to 26th
street and 26th to 41st street including side streets along the entire project limits. The
approximate length of roadway for this expanded project scope is 1.7 miles. The construction
plans will include detailed roadway, traffic control plans and analysis, seawall plans, drainage
analysis and plans, signing, pavement markings and signalization components. ln addition,
Ribbeck engineering lnc. will provide Design Variations memorandum and reports including
crash data analysis and benefit cost ratios which are required with Florida Department of
Trans portation p rojects.
The interim construction plans are required in order to construcl a72" main trunk along lndian
Creek Drive as well as to provide drainage improvements along the aforementioned side
streets by upsizing the existing drainage lines to 24 inches. The design of pump station
structure will be part of the interim plans as well. The interim construction plans willfollow FDOT
design criteria as well as City of Miami Beach contract requirements.
The work is required to protect lndian Creek Drive a hurricane evacuation route from tidal
flooding where the road has needed to be closed in the past twice daily for up to 2 hours
coinciding with the tide cycle. Ribbeck engineering is uniquely qualified to perform this wcrk
based upon their involvement in the creation of the Design Criteria Package. ln addition, FDOT
has agreed that the use of this consultant for these services is consistent with our
reimbursement agreement.
A scope of work been provided and is attached as Exhibit 1 along with the proposed hours of
effort for the uork. Ribbeck Engineering lnc. and their subcontractors will perform the work
under the same hourly rates and percentages for overhead and profit as their contract with
FDOT.
Ribbeck Engineering lnc. has submitted a cost proposal in the amount of 863,171.92
(ATTACHMENT) for the preparation of construction plans for lndian Creek Drive from 25th
Street to 41st Street. A base project contingency of 10o/o in the amount of $86,317 .19 has been
added, totaling a cost of $949,489.11.
This cost proposal has been submitted to the City/s Public Woks Department for further review
and recommendation. City staff reviewed the proposal and found that the amount was fair and
reasonable.
Page 1331 of 1808
16
CONCLUSION
The Administration recommends adopting the Resolution.
Amountl $949,489.11 Accountl 303-0815-069357-29-410-517-00-00-00-
21220
Legislative Tracking
Public Works
ATTACHMENTS:
Description
n Ribbeck executed contract
o Scope of work
o Scope of work2
n Scope of work3
Page 1332 of 1808
17
AGREEMENT BETWEEN
CIry OF MIAMI BEACH
AND
RIBBECK ENGINEERING, INC.
FOR
ENGINEERING DESIGN SERVICES FOR THE tNDtAN CREEK DRTVE/STATE ROAD (SR)
A1A, 26 STREET TO 41STREET. FLOODING MITIGATION PROJECT
RESOLUTTON NO, 2016-29456
1
Page 1333 of 1808
18
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTTCLE 1. DEFlNlTtoNS......... ....................4
ARTICLE 2. BASIC SERVICES .....................9
ARTICLE 3. THE CIry'S RESPONSIBILITIES ,.,,.,,....14
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST... .................. 16
ARTICLE 5. ADDITIONAL SERVICES ,.,.,,17
ARTTCLE 6. RETMBURSABLE EXPENSES................ .................... i8
ARTICLE 7. COMPENSATION FOR SERVICES......... ..........,....... 18
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS .....19
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS............. ..................20
ARTICLE 10. TERMINATION OF AGREEMENT ........20
ARTTCLE 11. INSUMNCE.......... ............,.,22
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS............... ...........22
ARTTCLE 13. ERRORS AND OMISS|ONS............... ......,..............23
ARTICLE 14. L|MITAT|ON OF 1rA8r1try............ .......23
ARTICLE 15. NOT1CE................ ...,..............24
ARTTCLE 16. MTSCELLANEOUS pROVtSloNS.,....... ...................24
SCHEDULE A _ SCOPE OF SERVICES ..,.....,. .,,....,..,29
SCHEDULE A.1 CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVICES...32
SCHEDULE B -COMPENSAT|ON............... .................33
SCHEDULE C _ HOURLY RATE SCHEDULE ............... ...............34
2
Page 1334 of 1808
19
ATTACHMENT A - RESOLUTION, COMMISSION ITEM, COMMISION
MEMORANDUM....... ................... 38
3
Page 1335 of 1808
20
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
RIBBECK ENGINEERING, INC.
FOR
ENGINEERING DESIGN SERVTCES FOR THE TNDIAN CREEK DRTVE/STATE ROAD (SR)
A1A, 26 STREET TO 41 STREET. FLOODING MITIGATION PROJECT
This Agreement made and entered into this 26th day of July, 2016 (Effective Date), by
and between the CITY OF MIAMI BEACH, a municipal corporation existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, (hereinafter referred to as City), and Ribbeck
Engineering lnc, a Florida corporation having its principal office at '14335 SW 120 St.
#205, Miami, Florida 33186 (hereinafter referred to as Consultant).
WITN ESS ETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which
is more particularly described in the Scope of Services attached as Schedule "A" hereto, and
wishes to engage the Consultant to provide specific professional services including, without
limitation, engineering services for the Project, at the agreed fees set forth in this Agreement;
and
WHEREAS, the Consultant desires to contract with the City for performance of the
aforestated professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions
used in this Agreement. Additional terms may be defined in other Contract Documents. The
following terms shall have the meanings specified herein unless othenvise stated herein:
ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the
Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order,
which the Consultant shall perform, at the City's option, and which must be duly authorized, in
writing, by the City Manager or his authorized designee, prior to commencement of same.
4
Page 1336 of 1808
21
APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not
limited to, building codes), ordinances, rules, regulations, laMul orders and decrees of
governmental authorities having jurisdiction over the Project, the Project Site or the Parties.
BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction
Cost Budget. "Base Bid" shall not include additive alternates or deductive alternates.
BASIC SERVICES: "Basic Services" shall include those services which Consultant shall
perform in accordance with the terms of the Agreement, as described in Article 2 and the Scopeof Services set forth in Schedule A hereto. Any Services not specifically enumerated as
Additional Services (as defined herein) shall also be considered Basic Servicei.
CITY (OR OWNER): The "City'' shall rnean the City of Miami Beach, a Florida municipat
corporation having its principal ofiices at 1700 Convenlion Center Drive, Miami Beach, Florida,33139. ln all respects hereunder, City's obligations and performance is pursuant to City's
position as the owner of the Project acting in its proprietary capacity. ln the event City exercisesits regulatory authority as a governmental body including, but not limited to, its regulatory
authority for code inspections and issuance of Building Departrnent permits, PubliC Works
Department permits, or other applicable permits within its jurisdiction, the exercise of such
regulatory authority and the enforcement of any Applicable Laws shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shalt not be
attributable in any manner to City as a party to this Agreement
Clry COMMISSION: "City Commission' shall mean the governing and legislative body of the
City.
Clry MANAGER: The "City Manager" shall rnean the chief administrative officer of the City.
The City Manager shall also be construed to inctude any duly authorized representatives
designated by the City Manager in writing, including the Project Administrator, with respect to
any specific matter(s) concerning the Services and/or this Agreement (exclusive of those
authorizations reseryed to the City Commission under this Agreement, or to regulatory or
administrative bodies having jurisdiction over the project).
CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean the amount
budgeted and established by the City to provide for the cost of construction of the Work for the
Project ("Construction Cost"), as set forth in Schedule D.
CONSTRUGTION DOCUMENTS: "Construction Documents" shall mean the final (100%
completed) plans, technical specifications, drawings, schematics, documents, and diagramsprepared by the Design/Builder pursuant to this Agreement, setting forlh in detall the
requirements for the construction of the Project. The Construction Documents shall set forth in
full all details necessary to complete the construction of the Project in accordance with the
Contract Documents. Construction Documents shall not be part of the Contract Documents,
until (a) the Design/Builder has submitted completed Construction Documents to the City and
(b) they have been reviewed and approved by the City and any agencies having jurisdiction in
accordance with the procedures as othenrvise provided by the Contract Documents. However,
approval by the City shall not in any way be construed, interpreted and/or deemed to constitutea waiver or excuse Design/Builder's obligations to ensure the Construction Documents are
constructible, in compliance with all Applicable Laws and in accordance with the Contract
Documents.
A!f
Page 1337 of 1808
22
CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall
mean the qualified and properly professionallf licensed design professional in the State of
Florida and as otherurise required by any entities, agencies, boards, governmental authorities
and/or any other professional organizations with jurisdiction governing ihe professional practice
area for which the design professional has been engaged by City and who will perform (or
cause to be performed through Subconsultants acceptable to the City) all architectural, design
and engineering services required under this Agreement and/or Consultant Service Order.
Consultant will serve as the "Design Criteria Professional" for the Project, and as such, shall be
responsible for perfonning, or causing to be performed, all Services in connection with the
preparation of the Design Criteria Package for the Project. When the term "Consultant" is used
in this Agreement it shall also be deerned to include any oflicers, employees, or agents of
Consultants, and any other person or entity acting under the supervision, direction, or control of
Consultant to provide any architectural, design, engineering or similar professional services with
respect to the Project ("Subconsultants"). The Consultant shall not be replaced by any other
entity, except as othenruise permitted in this Agreement. Further, any Subconsultant that rnay
perform services on behalf of the Consultant shall be a qualified and properly professionally
licensed design professional in the State of Florida and as otheru,yise required by any entities,
agencies, boards, governmental authorities and/or any other professional organizations withjurisdiction governing the professional practice area for which the Subconsultant has been
gngaged by Consultant to perform professional dasign services in connection with the Project.
The following Subconsultants are hereby approved by the City Manager for the Project:
BOLTON PEREZ & ASSOCIATES, INC
CONSULTANT SERVTCE ORDER: Consultant Service Order shall mean any work order issued
by the City to Consultant (in substantial form as in Schedule A-1 attached hereto), that
specifically describes and delineates the particutar Additional Services which may be required of
Consultant that is the subject of such Consultant Service Order, and which may inctude studies
or study activity, and/or professional services as defined in Section 287.055 of the Florida
Statutes.
CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and
Consultant, covering changes, additions, or reductions in the terms of this Agreement including,
without limitation, authorizing a change in the Project, or the method and manner of
performance thereof, or an adjustment in the fee and/or completion dates.
Contract Arnendments shall be approved by the City Commission if they exceed fifty thousand
dollars ($50,000.00). Even for Contract Amendments of fifty thousand dollars ($5O,OOO.OO) or
less (or other such threshold contract amount as may be specified by the City of Miami Beach
Procurement Ordinance), the City Manager reserves the right to seek and obtain concurrence of
the City Commission for approval of any such Contract Amendment.
CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreernent (together with
all exhibits, addenda, Consultant Servlce Orders and written amendments issued thereto), andall Design Documents and Conslruction Documents- The Contract Docurnents shall also
include, without limitation (together with all exhibits, addenda, and written amendments issued
thereto), the lnvitation to Bid (1TB), instructions to bidders, bid form, bid bond, Design Criteria
Package (if any), the Contract for Construction, surety payrnent and performance bonds,
Conditions of the Contract for Construction (General, Supplementary, and other Conditions),
6
Page 1338 of 1808
23
Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written order(s) for a minor change in the work.
GONTRACT FOR CONSTRUGTION: "Contract for Construction" shall mean the legally binding
agreement between City and Design/Builder for perforrnance of the Work covered in the
Contract Documents, including, without Iimitation, a general Design/Builder, construction
manager, design-builder or any other duly licensed construction Design/Builder selected
pursuant to any other procurement methodology available under Florida law.
DESIGN/BUILDER: "Design/Builder" shall mean the individual or individuals, firm, company,
gorporation, joint venture, or other entity contracting with City pursuant to Florida Statuie
287.055, to complete the design for the Project as the architect/engineer of record and construct
the Project pursuant to the Contract Documents.
DESIGN CRITERIA PAGKAGE or DCP: "Design Criteria Package" means concise,
performance-oriented drawings or specifications of a design-build Prolect, prepared for the
purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a
response to a City request for proposal, or to permit the City to enter into a negotiated design-
build contract, pursuantto Florida Statute 287.A55. The Design Criteria packale must specify
performance-based criteria for the design-build Project, including the legal description of thesite, survey information concerning the site, interior space requirements, material quality
standards, schematic layouts and conceptual design criteria of the project, cost or budget
estimates, design and construction schedules, site development requirements, provisions ior
utilities, stormwater retention and disposal, and parking requirements applicable to the project.
DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications,
schematics and all other documents which set forth in full the design of the Pioject and fix and
describe in detail the size, configuration and character of the Project concerning all items of the
Project necessary for the final preparation of the 100% completed, permitted Construction
Documents in accordance with the requirements of the Contract Documents including, without
limitation, all architecturaland engineering elements as may be appropriate. Design Documents
shall not be part of the Contract Documents, until (a) the Design/Builder has submitted
c,ompleted Design Documents to the City and (b) they have been reviewed and approved by the
City and agencies having jurisdiction in accordance with the procedures as piovided Oy tne
Contract Documents. However, approval by the City shall not in any way be constiued,
interpreted and/or deemed lo constitute a waiver or excuse Design/Buildels obligations to
ensure the Design Documents are constructible, in compliance with all Appticable Laws and in
accordance with the Contract Documents.
FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency
such as a hurricane, tornado, flood, Ioss caused by fire and other similar unavoidable
casualties; or other causes beyond the City's or Consultant's control that are not due to any act,
omission or negligence of either City or Consultant and, which have, or may be reasonably
expected to have, a material adverse effect on the Project, or on the rights and obligations of
City or Consultant under this Agreement and which, by the exercise of due diligence, such
parties shall not have been able to avoid; provided, however, that inclement weathel (except as
noted above), the acts or omissions of Subconsultants, the Design/Builder and its sub-
Design/Builders, 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.
7
Page 1339 of 1808
24
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 Administrator 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.
PROJECT: The "Project" shall mean that certain City capital project described in the Scope
of Services set forth in Schedule A hereto.
Proiect Cost: The "Project Cost", shail mean the estimated total cost of the
Project, as prepared and established by the City, including the estimated
Construction Cost and Soft Costs. The Project Cost may, from time to time, be
revised or adjusted by the City, in its sole discretion, to accommodate approved
modifications or changes to the project or scope of work.
Proiect Scope: The "Project Scope" shall mean the description of the Project, as
described in Schedule A hereto,
PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual
designated by the City Manager who shall be the City's authorized representative to issue
directives and notices on behalf of the City with respect to all matters concerning the Services of
this Agreement (exclusive of those authorizations reserved to the City Manager or City
Commission under this Agreement, or to regutatory or administrative bodies having jurisdiction
over the Project).
PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all
amendments or addenda thereto (if any), which is incorporated by reference to this Agreement
and made a part hereof; provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the Agreement shall prevail. Consultant's proposal in
response to the RFQ is included for reference purposes only and shall not be incorporated as
part of this Agreement, except with respect to Consultant's representations regarding the
qualifications and experience of Consultant and its key personnel, its commitment to provide the
key personnel listed therein, and its capability to perform and deliver the Services in accordance
with this Agreement and consistent with the all representations made therein.
SGHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and
referred to as follows:
Schedule A - Scope of Services
Schedule A-1 - Consultant Service Order
Schedule B - Consultant Compensation
Schedule G - Hourly Billing Rate Schedule
Schedule D - Construction Cost Budget
Schedule E - Project Schedule
SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services,
and anyAdditional Services (as approved by the City), all as described in Schedule.A" hereto.
SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed
pursuant to or undertaken under this Agreement.
8
Page 1340 of 1808
25
SOFT GOSTS: "Soft Costs" shall mean costs related to the Project other than Construction
Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys,
testing, general consultant, financing, permitting fees and other similar costs, as determined by
the City, that are not considered as direct costs for the construction of the Project.
STATEMENT OF PROBABLE CONSTRUCTION COST: The "statement of Probable
Construction Cost" shall mean the detailed estimate prepared by Design/Builder in Construction
Standard lndex (CSl) format or other format approved by the Project Administrator, which
includes the Design/Builder's estimated total construction cost to the City of the Work for the
Project (as established in the Contract Documents, as they may be amended from time to time).
The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of
each elernent of the Pro.lect and include a breakdown of the fees, general conditions and
construction contingency for the Project. Costs shall be adjusted to the projected bid date to
take into account anticipated price escalation.
WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities,
fabrication, transportation, insurance, bonds, permits and conditions thereof, building code
changes and government approvals, licenses, tests, quality assurance and/or quality control
inspections and related certifications, suryeys, studies, and other items, work and services that
are necessary or appropriate for the total construction, installation, and functioning of the
Project, together with all additional, collateral and incidental items, and work and services
required for delivery of a completed, fully functional and functioning Project as set forth in the
Contract Documents.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as more particularly
described in Schedule A.
2.2 The Services will be commenced by the Consultant upon receipt of a written notice to
proceed with any of the specific tasks identified in Schedule A ("Task") signed by the City
Manager or the Project Administrator ("Notice to Proceed"). Consultant shall countersign the
Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to
Proceed issued by the Project Administrator shall be required prior to commencement of
each task (as same are set forth in Schedule "A" hereto). Consultant shall have no
entitlement to perform (or be compensated for) the Services corresponding with any task under
this Agreernent, unless such task is authorized by a Notice to Proceed.
2.3 As it relates to the Services and the Project, Consultant warrants and represents to the
City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant
agrees to comply with all Applicable Laws, whether now in effect or as may be amended or
adopted from time to time, and shall further take into account all known pending changes to the
foregoing of which it should reasonably be aware,
2.4 The Consultant warrants and represents to the City that all of the Services required
under this Agreement shall be performed in accordance with the standard of care normally
exercised in the design of comparable projects in South Florida. Consultant warrants and
represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to
Applicable Laws) to perform the Services. Consultant warrants and represents to the City that it
oJ
Page 1341 of 1808
26
is responsible for the technical accuracy of the Services (including, without limitation, the DCP
contemplated in Schedule "A" hereto). Consultant further warrants and represents that the DCP
shall constitute a representation by Consultant to City that the Project, if the design is further
developed and constructed as conternplated by the DCP, witl be fully functional, iuitable and
sufficient for its intended purposes.
2.5 The Consultant's Basic Services may consist of various tasks, including planning,
design, bidding/award, studies, construction administration, and Additional Services (as may be
approved), all as further described in the Scope of Services. As part of the Basic Services,
Consultant shall review any value engineering proposals submitted by the Design/Builder, and
shall provide recommendations regarding the Construction Documents prepared by the
Design/Builder to ensure, among other things, that the Construction Documents are consistent
with the DCP. Consultant shall also, as part of the Basic Services, evaluate and provide the
City with recommendations concerning Design/Builder's progress wiih Project construction
consistent with the DCP.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City
shall waive or excuse Consultant's obligations under the Agreement and/or other Contract
Documents and that Consultant shall remain fully liable for all work and Services performed by
Consultant including, without limitation, any design errors or omissions. Written decisions
andlor approvals issued by the City shall not constitute nor be deemed a release of the
responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and
competency of the DCP or other Services provided by Consultant, nor shall any City approval
andlor decisions be deemed to be an assumption of such responsibility by the City for a defect,
error or omission in the DCP or other Services provided by Consultant. Moreover, neither the
City's inspection, review, approval or acceptance of, nor payment for, any Services required
under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) 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 shall be and remain liable to the City in accordance with Applicable
Laws for all damages to Gity caused by any failure of the Consultant or to comply with the terms
and conditions of the Agreement or by the Consultant's misconduct, unlaMul acts, negligent
acts, errors or omissions in the performance of the Agreement.
2.7 TIME: lt is understood that time is of the essence in the completion of the Project and, in
this respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the City
and Consultant, which shall be the Effective Date referred to on page t hereof, and shall
be in effect until all Services are completed or all Services authorized under Notices to
Proceed are completed and accepted, whichever is later. Notwithstanding the preceding
Term, Consultant shall adhere to any and all timelines andlar deadlines, as set forth in
the Scope of Services, including the time for comptetion of the work and/or services for
the Project.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with
the standard of professional skill and care required by this Agreement, and the orderly
progress of the Work.
2.7.3 Recognizing that the construction of other projects within the City may affect
scheduling of the construction for the Project, the Consultant shall diligently coordinate
10
Page 1342 of 1808
27
performance of the Services with the City (through the Project Administrator) 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 Subconsultants, as well as other consultants, including,
without limitation, City provided consultants (if any).
2.7.4 The Services shall be performed in a manner that shall conform to the Scope of
Services. The Consultant may submit requests for an adjustment to the completion time
for the Scope of Services, if made necessary because of undue delays resulting from
untimely review taken by the City (or authorities having jurisdiction over the Project) to
approve the Consultant's submissions, or any other portion of the Services requiring
approval by the City (or other governmental authorities having jurisdiction over the
Project). Consultant shall immediately provide the Project Administrator with written
notice stating the reason for the particular delay; the requested adjustment (i.e.
extension) to the Project Schedule; and a revised anticipated schedule of completion.
Upon receipt and review of Consultant's request (and such other documentation as the
Project Administrator may require), the Project Administrator 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 Administrator's
approval (if granted) shall be in writing,
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Administrator, Design/Builder, and any and all other
individuals and/or firms that have been contracted, or othenvise retained, to perform work on the
Project.
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance,
except to the extent that acts or omissions by the City make such performance impossible.
2.10 The Consultant is responsible for the professional quality, technical accuracy,
completeness, performance and coordination of all Services required under the Agreement any
Consultant Service Orders (including the services performed by Subconsultants), within the
specified time period and specified cost. The Consultant shall perform the Services utilizing the
skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with
respect to the disciplines required for the performance of such Services in the State of Florida.
The Consultant is responsible for, and shall represent to City that the Services conform to the
City's requirernents, the Contract Documents and all Applicable Laws. The Consultant shall be
and remain liable to the City for all damages to the City caused by the Consultant's deficient
Services, breaches of this Agreement, or negligent acts, errors or omissions in the perlormance
of the Services, which damages may include the costs incurred by the City with respect to
replacement or repair of any defective or non-conforming construction Work until (i) twelve (12)
months following final acceptance of the Work, or (ii) the applicable statute of limitations period,
whichever is later. ln addition to all other rights and remedies which the City may have, the
Consultant shall, at its expense, re-perform all or any portion of the Services to correct any
deficiencies which result from the Consultant's failure to perform in accordance with the above
standards. The Project Administrator shall notify the Consultant, in writing, of any deficiencies
and shall approve the method and timing of the corrections.
210,1 The Consultant shall be responsible for deficient, defective Services and any
resulting deficient, defective construction work re-performed within twelve (12) months
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following final acceptance and shall be subject to further re-performance, repair and
replacement for twelve (12) months from the date of initial re-performance, not to exceed
twenty-fo u r month s (24)'from f i na I acceptance.
2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services
and the Consultant shall fully cooperate in such review(s). Whenever others are required to
verify, review, or consider any Services performed by Consultant (including, without limitation,
Design/Builder, other design professionals, and/or other consultants relained by the City), the
intent of such requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with industry
standards for design or construction of comparable projects; or which are inconsistent with
Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by
the City under this Agreement. Consultant will use reasonable care and skill, in accordance and
consistent with customary professional standards, in responding to items identified by other
reviewers in accordance with this subsection. Consultant shall receive comments from
reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up
drawings and specifications. Consultant shall address comments forwarded to it in a timely
manner. The term "timely'' shall be defined to mean as soon as possible under the
circumstances, taking into account the timelines of the Project schedule.
2.11.1 The Consultant is advised that a performance evaluation of the Services
rendered throughout this Agreement will be conrpleted by the City and kept in the City's
files for evaluation of future solicitations.
2.12 Consultant agrees that when any portion of the Services relates to a professionalservice
which, under Florida Statutes, requires a license, certificate of authorization, or other form of
legal entitlement to practice and/or perlorm such Service(s), it shall employ and/or retain only
qualified duly licensed certified personnelto provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a
signed Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Managed'). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of the Services. Consultant's Project Manager (as well as any
replacement) shall be subject to the prior written approval of the City Manager or the Project
Administrator. Replacement (including reassignment) of an approved Project Manager shall not
be made without the prior written approval of the City Manager or his designee (i.e. the Project
Administrator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
from the City Manager or the Project Administrator (which notice shall state the cause
therefore), to promptly remove and replace a Project Manager, or any other personnel
employed or othenarise retained by Consultant for the Project ( including, without
limitation, any Subconsultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any
non-public information concerning the Services or the Project, without the prior written consent
of the City Manager or the Project Administrator, unless such disclosure is incident to the proper
performance of the Services; or the disclosure is required pursuant to Florida Public Records
laws; or, in the course of judicial proceedings, where such information has been properly
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subpoenaed. Consultant shall also require Subconsultants to comply with this subsection.
2.15 The City and Consultant acknowledge that the Services, as described in the Agreement
and any Consultant Service Orders, do not delineate every detail and minor work task required
to be performed by Consultant to complete the work and/or seMces described and delineated
under Schedule A and any Consultant Service Orders issued to Consultant by the City. If,
during the course of performing work, services and/or tasks, Consultant determines that work
and/or services should be performed which is, in the Consultant's reasonable opinion, outside
the level of effort originally anticipated, then Consultant shall promptly notify the Project
Administrator, in writing, and shall obtain the Project Administrator's written consent before
proceeding with such work and/or services. lf Consultant proceeds with any such additional
work and/or services without obtaining the prior written consent of the Project Administrator,
said work and/or services shall be deemed to be a Basic Service under this Agreement and
shall also be deemed to be within the scope of services delineated in Schedule A (whether or
not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
Administrator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work and/or services by Consultant without the prior written consent of
the Project Administrator 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 GITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN
ANY WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER
CONTRACT DOCUMENTS, THE CITY'S PARTICIPATION, FACILITATION AND/OR
ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISGRETION AND SHALL
NOT, IN ANY WAY, BE GONSTRUED, INTERPRETED AND/OR CONSTITUTE AN
ASSUMPIION BY THE Ctry OF CONSULTANT'S OBLIGATIONS, A WAIVER OF
CONSULTANT'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONSULTANT OF
ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE
PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS SHALL NOT PREGLUDE
THE CITY FROM DECLARING GONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURETO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CIry'S
RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY
ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY
CLAIM, ACTION, SUIT AND/OR OTHER PROGEEDING OF A SIMILAR NATURE, THE
CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE
OF CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING
WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER
MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN
THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER
CONTRACT DOCUMENTS, THIS SECTION SHALL GOVERN.
218 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements
of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be
amended from time to time, addressing applicable Leadership in Energy and Environmental
Design (LEED) compliance requirements.
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30
2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent wiih
those commitments rnade by the Consultant in its Proposal and during the competitive
solicitation selection process and interview. Such services shall be undertaken and performed
pursuant to appropriate written agreements between the Consultant and the Subconsultants,
which shall contain provisions that preserve and protect the rights of the City under this
Agreement. Nothing contained in this Agreement shall create any contractual relationship
between.the City and the Subconsultants.
The Consultant shall not retain, add, or replace any Subconsultant 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. The Consultant shall cause the names of
Subconsultants responsible for significant portions of the Services to be inserted on the plans
and specifications.
The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its
Subconsultants' compliance with the requirements of this Section and any other provision of the
Agreement and/or Consultant Service Order. With respect to the performance of work by
Subconsultants, the Consultant shall, in approving and accepting such work, ensure the
professional quality, completeness, and coordination of the Subconsultant's work.
The Consultant shall, upon the request of the City, submit to the City such documentation and
information as the City reasonably requesls to evidence the creation, standing, ownership and
professlonal licensure of the Consultant (and Subconsultants), including organizational
documents, operating agreements and professional licensure documentation, and copies of the
Consultant's contracts with the Subconsultant with respect to the Project. However, the City's
failure to request such documentation or evidence and/or failure to enforce in any way the terms
and provisions of this Section, the Agreement and/or any other Consultant Service Order during
the Project does not excuse, waive and/or condone in any way any noncompliance of the
requirements set forth therein including, without limitation, the professional licensure
requirements. Any approval of a Subconsultant by the City shall in no way shift from the
Consultant to City the responsibility for the quality and acceptability of the services performed by
the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the
Consultant, and shall not be cause for any increase in compensation to the Consultant for
payrnent of the Services.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Administrator, who shall be the City's
authorized representative to act on City's behalf with respect to the City's responsibilities or
matters requiring City's approval under the Contract Documents. The Project Administrator
shall be authorized (without limitation) to transmit instructions, receive information, and interpret
and define City policies and decisions with respect to the Services and the Project. The Project
Administrator shall have full authority to require the Consuttant to comply with the Contract
Documents, provided, however, that any failure of the Project Administrator to identify any
noncompliance, or to specifically direct or require compliance, shall in no way constitute a
waiver of, or excuse, the Consultant's obligation to comply with the requirements of the Contract
Documents
3.2 The City shall make available to Consuttant, for the convenience of the Consultant only,
information that the City has in its possession pertinent to the Project. Consultant hereby
agrees and acknowledges that, in making any such information available to Consultant, the City
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31
makes no express or implied certification, warranty, and/or representation as to the accuracy or
completeness of such information and assumes no responsibility whatsoever with respect to,
the sufficiency, completeness or accuracy of such information. The Consultant undeistands,
and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems
necessary all information furnished by the City, and that it is solely responsible for the accuracy
and applicability of all such information used by Consultant. Such verification shall include,
without limitation, visual examination of existing conditions in all locations encompassed by the
Project, where such examination can be made without using destructive measures (i.e.
excavation or demolition). Survey inforrnation shall be spot checked to the extent that
Consultant has satisfied itself as to the reliability of the information.
3.3 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 servites to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its Subconsultants or vendors).
3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project, or
non-conformance r,vith the Contract Documents, the City, through the Project Administrator,
shall give prompt written notice thereof to the Consultant.
3,5 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 Agriement, in
writing, as reasonably expeditious for the orderly progress of the Services and of the Work.
3.6 The City Commission shall be the final authority to do or to approve the following
actions or conduct, by passage of an enabling resolution or amendment to this Agreement:
3,6,1 Except where othenrvise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement.
3.6.2 The City Commission shall be the body to consider, comment upon, or approve
any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer
shall be defined to also include sale of the majority of the stock of a corporate
consultant.
3.6.3 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be
specified by the City of Miami Beach Procurement Ordinance, as amended),
3.7 Except where othenvise expressly noted in this Agreement, the City Manager shall serve
as the Ciiy's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where otherwise expressly
noted in this Agreement or the Contract Documents, the City Manager shall issue decisionsand authorizations which may include, without limitation, proprietary review, approval, or
cornment upon the schedules, plans, reports, estimates, contracts, and other documents
submitted to the City by Consultant,
3.7,1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any Subconsultants (and any replacements).
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32
3.7.2 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.
3.7.3 At the request of Consultant, the City Manager shall be authorized, but not
required, to reallocate monies already budgeted toward payment of the Consultant;
provided, however, that the Consultant's compensation (or other budgets established by
this Agreement) may not be increased without the prior approval of the City Commission,
which approval (if granted at all) shall be in its sole and reasonable discretion.
3-7.4 The City Manager may approve Contract Amendments which do not exceed the
sum of fifty thousand dollars ($50,000,00) (or other such amount as may be specifled by
the City of Miami Beach Purchasing Ordinance, as amended); provided that no such
amendments increase any of the budgets established by this Agreement.
3.7.5 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice
and recommendations relating to the exercise of the City's powers, duties, and
responsibilities under this Agreement or the contract Documents.
3.7.6 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 defauit notice(s) under
this Agreement, and, should such default remain uncured, in terminating the Agreement
(pursuant to and in accordance with Article 10 hereof).
3 B The City's review, evaluation, or comment as to any documents prepared by or on behalf
of the Consultant shall be solely for the purpose of the City's determining for its own satisfaction
the suitability of the Project, or portions thereof, detailed in such documents for the purposes
intended therefor by the City, and may not be relied upon in any way by the Consultant or any
other third party as a substantive review thereof.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City shall establish a Construction Cost Budget for the Project, set forth in ScheduleD. Consultant shall prepare the DCP for the Project so that the Construction Cost Budget for
the Project is not exceeded. As part of the Basic Services, Consultant shall prepare or modify
the DCP for the Project to the Construction Cost Budget in accordance with this Article 4,
rnaking all revisions necessary to maintain the Construction Cost Budget. Consultant shall
attend meetings with the City to review and discuss cost estimates, cost-saving alternatives,
and implementation or revision of the DCP, as necessary to meet the estabiished budget
parameters set forth in the City Construction Budget.
4.2. The Construction Cost Budget shall not be exceeded without fully justifiable,
extraordinary, and unforeseen circumstances (such as Force Majeure) which are bbyond the
control of the parties. Any expenditure above this amount shall be subject to prior City
Commission approval which, if granted at all, shall be at the sole and reasonable discretion of
the City Commission. The City Commission shall have no obligation to approve an increase in
the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City
Commission may, at its sole and absolute discretion, terminate this Agreement (and thi:
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33
remaining Services) without any further liability to the City.
4'3. The City Commission may, at its sote and absolute discretion, and without relieving
Consultant of its obligations under this Agreement to design the Project to the Construction Cost
Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following
options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at itioption) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining
Services without any further liability to the City; (4) select as many deductive alternatives ai
may be necessary to bring the lowest and best bid within the Construction Cost Budget.
ARTICLE 5, ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of writtenauthorization by the Project Administrator (which authorization must bJ obtained prior to
commencement of any such additional work by Consultant). The written authorization shall
contain a description of the Additional Services required; a lump sum to be negotiated at the
lme of the request for additional services or an hourly fee (in accordance wii'h the rates in
Schedule "8" hereto), with a "Not to Exceed' amount; Reimbursable Expenses (if any) with a"Not to Exceed" amount; the amended Construction Cosi Budget (if'applicable); ifre time
required_to complete the Additional SeMces; and an amended Prolect'schedule (if ipplicable)."Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant
shall not exceed without further written authorization of the Project Administrator. The "Not to
Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the
case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable
through time sheets (and, for Reimbursables, expense reviews).
5,2 Additional Services include the following:
5-2.1 Aopraisals: lnvestigation and creation of detailed appraisals and valuations of
existing facilities, and surveys or inventories in connection with construction performed
by City.
5.2.2. Unforeseen Conditions. Providing additional work relative to the project which
arises from subsequent circumstances and causes which could not reasonably havebeen foreseen at the time of execution of this Agreement (excluding conditions
determined by all prior studies available to Consultant and excluding circumstances and
causes resulting from error, omission, inadvertence, or negligence of Consultant).
5_.2.3. Citv-R-eouested Revisions to Construction Documents; Making revisions toConstructionDocumentsresultinginorfromcitymgesin5copeofWork
involving new program elements, when such revisions are inconsistent with written
approvals or instructions previously given by City and/or are due to causes beyond the
control of Consultant.
5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or
subpoena to appear and give testimony, preparing to serve or servingis an expert
witness in connection with any state or federal court action to which the Consultant is nota party in its own name, that is not instituted by the Consultant or in which the
performance of the Consultant is not in issue.
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5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re-
negotiating contracts (except for Contract Document revisions and re-bidding seMces
required under Section 4.4 hereof , whlch shall be provided at no additional cost to City).
5.2.6. Models: Preparing professional perspectives, models or renderings in addition to
those provided for in this Agreement except insofar as these are othenruise useful or
necessary to the Consultant in the provision of Basic Services.
5.2.7. Threshold lnspection/Material Testinq and lnspection: Providing threshold
inspection services and material testing/special inspection services, provided that
Consultant, as part of the Basic Services, shall report on the progress the Work,
including any defects and deficiencies that may be observed in the Work.
5.2.8 Pre-Deslon Survevs & Testino: Environmental investigations and site
evaluations, provided, however, that surveys of the existing structure required to
complete as-built documentation are not additional services.
5.2.9 Geotechnical enoineering. Providing geotechnical engineering services or site
surveys.
Except as specified herein, services that are required for completion of the Construction
Documents shalt be part of Consultant's Basic Services.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project
Administrator. lnvoices or vouchers for Reimbursable Expenses shalt be submitted to the
Project Administrator (along with any supporting receipts and other back-up material requested
by the Project Administrator). Consultant shall certify as to each such invoice and/or voucher
that the amounts and items claimed as reimbursable are "true and correct and in accordance
with the Agreement." Reimbursable Expenses may include, but not be limited to, the following:
Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use
of the Consultant and its Subconsultants, and courier, postage and handling costs
between the Consultant and its Subconsultants).
Costs for reproduction and preparation of graphics for community workshops.
Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over
the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Lump Sum" fee for provision of the Services, including reimbursable
expenses, for the Project shall be $407,851, as more fully delineated in Schedule B hereto.
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 Administrator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
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35
exceed the progress percentage noted in the Consultant's Progress Schedule (to be subrnitted
with each invoice). No mark-up shall be allowed on subcontracted work. ln addition to the
invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the
percentage of completion of the Project and the total estimated fee to completion.
7.3 Approved Additional Services shall be compensated in accordance with the hourly billing
rates set forth in Schedule uC," attached hereto. Any request for payment of Additional Services
shall be included with a Consultant payment request. No mark-up shall be allowed on
Additional Services (whether sub-contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up
to the "Not to Exceed" Reimbursable allowance amount set forth in Schedule B or in the
applicable Consultant Service Order. Any request for payment of Reimbursable Expenses shall
also be included with Consultant's payment request. No mark-up shall be allowed on
Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City Manager, at his sole
discretion, may consider an adjustment to the hourly rales set forth in Schedule C. Any such
adjustments, if any, shall be based on a corresponding increase in the Consumer Price Index
for All Urban Consumers; U.S. City average (1982-84=100), as established by the United States
Bureau of Labor Statistics ("CPl'), or material adjustments to the scope or requirements of the
RFQ by the City, including (but not limited to) living wage increases, provided, hor,vever, that in
no event shall any annual increase exceed three percent (3%). ln the event that the City
determines that the requested increase is unsubstantiated, the Consultant agrees to perform all
duties at the current cost terms.
7.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Design/Builder,
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project
Administrator in a timely manner, but no more than once on a monthly basis. lnvoices shall
identify the nature and extent of the work performed; the total hours of work performed by
employee category; and the respective hourly billing rate associated therewith. ln the event
Subconsultant work is used, the percentage of completion shall be identified. lnvoices shall
also itemize and summarize any Additional Services andlor Reimbursable Expenses. A copy of
the written approval of the Project Administrator for the requested Additional Service(s) or
Reimbursable Expense(s) shall accompany the invoice.
7.7.1 lf requested, Consultant shalt provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for
Reirnbursable Expenses (by category).
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.'1 All books, records (whether financial or otheruvise), correspondence, technical
documents, and any other records or documents related to the Services and/or Project will be
available for examination and audit by the City Manager, or his/her authorized representatives,
at Consultant's otfice (at the address designated in Article 15 "Notices"), during custornary
business hours. All such records shall be kept at least for a period of three (3) years after
Consultant's completion of the Services, Incomplete or incorrect entries in such records and
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36
acco-unts relating personnel services and expenses may be grounds for City's disallowance of
any fees or expenses based upon such entries. Consultant shall also bind itj Subconsultants to
the requirements of this Article and ensure compliance therewith
ARTIGLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partiatly completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or relaied to the project,
whether in its native electronic form, paper or other hard copy medium or in electronic medium,
except with respect to copyrighted standard details and designs owned by the Consultant or
owned by a third party and licensed to the Consultant for use and reproduttion, shall become
the property of the City. Consultant shall deliver all such documents to the Project Administrator
in their native electronic form within thirty (30) days of completion of the Services (or within thirty
(30) days of expiration or earlier termination of this Agreement as the case may be). Howevei,the City may grant an exclusive license of the copyright to the Consultant for'reusing and
reproducing copyrighted materials or portions thereof as authorized by the City Manager in
advance and in writing, ln addition, the Consultant shall not disclose, release, or make avjilableany document to any third party without prior written approval from the City Manager. The
Consultant shall warrant to the City that it has been granted a license to use ahd reproduce any
standard details and designs owned by a third party and used or reproduced by the Consultant
in the performance of this Agreement. Nothing contained herein shail be deemed to exclude any
document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject
to prior written approval of the City Manager.
9,3 At the City's option, the Consultant may be authorized, as an Additional Service, to
adapt copyrighted material for additional or other work for the City; holvever, payment to the
Consultant for such adaptations will be limited to an amount not greater than 50% of the original
fee earned to adapt the original copyrighted material to a new site,
9.4 The City shall have the right to modify the Project or any components thereof without
permission from the Consultant or without any additional compensation to the Consultant. The
Consultant shall be released from any liability resulting from such modification.
9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use
of plans and specifications.
ARTICLE 10, TERMINATION OF AGREEMENT
10'1 TERMINATION FOR LACK OF FUNDS: The City is a governmentat entity and is
subject to the appropriation of funds by its legislative body in an amount sutficient to allow
continuation of its performance in accordance with the terms and conditions of this Agreement.
ln the event there is a lack of adequate funding either for the Services or the Projectlor both),
the city may terminate this Agreement without further liabitity to the city.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event ihat the Consultant (1)
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37
violates any provision of this Agreernent 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. In the case of termination for cause by
the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
10.2.1 ln the event this Agreement is terminated for cause by the City, the City, at its
sole option and discretion, may take over the remaining Services and complete them by
contracting with another consultant(s), or otheruvise. 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.
10.2.2 ln the event of termination for cause by the City, the City shall only be obligated
to pay Consultant for those Services salisfactorily performed and accepted prior to the
date of termination (as such date is set forth in, or can be calculated from, the City's
initial written default notice). Upon payment of any amount which may be due to
Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to
Consultant.
10.2,3 As a condition precedent to release of any payment which may be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
to the Project Administrator any and all Project documents prepared (or caused to be
prepared) by Consultant(including, without limitation, those referenced in subsection 9.1
hereof). The City shall not be responsible for any cost incurred by Consultant for
assembly, copy, and/or delivery of Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: ln addition to the City's right to terminate for
cause, the City through the City Manager, may also terminate this Agreement, upon fourteen
(14) days prior written notice to Consultant, for convenience, without cause, and without penalty,
when (in its sole discretion) it deems such termination to be in the best interest of the City. ln
the event the City terminates the Agreement for convenience, Consultant shall be compensated
for all Services satisfactorily performed and accepted up to the terminalion date (as set forth in
the City's written notice), and for Consultant's costs in assembly and delivery to the Project
Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment
of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall
have no further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or
any portion thereof. ln the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination;
provided, however, that the City shalt 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 IMPLEMENTATIONOFTERMINATION: In the event of termination (whether for
cause or for convenience), the Consultant shall immediatety, upon receipt of the City's written
notice of termination: (1)stop the performance of Services; (2) place no furtherorders or issue
21
Page 1353 of 1808
38
any other subcontracts, except for those which may have already been approved, in writing, by
the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly
assemble all Project documents (for delivery to the project Administrator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the project
Administrator:
(a) Workers' Compensation and Employer's Liability per the Statutory limits of the
State of Florida.
(b) Commercial General Liability on a comprehensive basis in an amount not less
than $1,000,000 combined single limit per occurrence for bodily injury and
property damage,
(c) Automobile Liability lnsurance covering all owned, non-owned and hired vehicles
used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.(d) Professional Liability lnsurance in an amount not less than $2,OOO,OOO with the
deductible per claim. Consultant shall notify the Project Administrator, in writing,
within thirty (30) days of any claims filed or made against its Professional Liability
policy.
11.2 The Citymust be named as and additional insured on the liabilitypolicies; and it must be
stated on the certificate.
11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. AII
certificates and endorsements shall contain this requirement.
11.4 The insurance must be furnished by an insurance company rated A:V or better, or its
equlvalent, 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.
11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all
required insurance policies. The City reserves the right to require a certified copy of such
policies, upon written request to Consultant.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall
indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the Consultant and other persons employed or utilized by the Consultant in the performance of
this Agreernent.
The Consultant shall pay all claims and losses in connection therewith and shall investigate all
22
Page 1354 of 1808
39
claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Consultant expressly understands and agrees that any insurance protection
required by this Agreement or othenruise provided by Consultant shall in no way limit its
responsibility to indemnify, keep, and save harmless and defend the City or its officers,
employees, agents, and instrumentalities as herein provided.
12.2 The Consuliant agrees and recognizes that the City shall not be held liable or
responsible for any claims which may result from any negligent, reckless, or intentionally
wrongful actions, errors or omissions of the Consultant in which the City participated either
through review or concurrence of the Consultant's actions. ln reviewing, approving or rejecting
any submissions by the Design/Builder, 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
Subconsultants and/or any registered professionals (architects and/or engineers) under this
Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONST lt is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof in the
Contract Documents that were prepared by the Consultant will constitute an additional cost to
the City that would not have been incurred without the error. The damages to the City for
errors, omissions or any combinations thereof shall be calculated as the total cost of any
damages or incremental costs to the City resulting out of the errors or omissions by the
Consultant, including, without limitation, the direct, indirect and/or consequential damages
resulting from the Consultant's errors and/or omissions or any combination thereof.
Damages shall include delay damages caused by the error, omission, or any combination
thereof. Should the Consultant disagree that all or part of such damages are the result of
errors, omissions, or any combination thereof, the Consultant may appeal this determination, in
writing, to the applicable Assistant City Manager. The Project Administratofs decision on all
claims, questions and disputes shall be final, conclusive and binding upon the parties hereto
unless such determination is clearly arbitrary or unreasonable. ln the event that the Consultant
does not agree with the decision of the Project Administrator, the Consultant shall present any
such objections, in writing, to the City Manager. The Project Administrator and the Consultant
shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of
any party's right to proceed in a court of competent jurisdiction after the above administrative
remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the total amount of
compensation/fees due to Consultant for all Services under this Agreement, less any amount(s)
actually paid by City to the Consultant hereunder. Consultant hereby expresses its willingness
to enter into this Agreement, with Consultant's recovery from the City for any damages for
action for breach of contract to be limited to the total amount of compensation/fees due to
Consultant for all Services under this Agreement, less any arnount(s) actually paid by City to the
Consultant hereunder.
23
Page 1355 of 1808
40
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 total amount of
compensationifees due to Consultant for all Services under this Agreement, which amount shall
be reduced by any amount(s) actually paid by the City to Consuttant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to
be a waiver of the limitatlon placed upon City's tiability, as set forth in Section 768.28, Florida
Statutes.
ARTICLE 15. NOTICE
AII written notices given to city by consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jimmy L. Morales, City Manager
With a copy to:
City Manager's Otfice
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric T. Carpenter, Assistant City Manager
All written notices given to the Consultant from the City shall be addressed to:
Ribbeck Engineering, Inc.
14335 SW 120 St. #205
Miami, Florida 33186
Attn; Carlos Ribbeck
AII notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16'1 VENUE: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
FIOTidA, iN fcderal 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, THtS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consuttant agrees that it will not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, national origin, religion, sex, gender identity, sexual or'rentation,
disability, marital or familial status, or age, and will take affirmative steps to ensure that
24
Page 1356 of 1808
41
applicants are employed and employees are treated during employment without regard to race,
color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or
familial status, or age.
16.3 PUBLIG ENTITY CRIMES ACT: ln accordance with the Public Entity Crimes Act
(Section 287,133, Florida Statutes), a person or affiliate who is a consultant, who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a bid on
a contract with the Clty for the construction or repair of a public building or public work, may not
bid on leases of real property to the City, may not be awarded or perform work as a
Design/Builder, supplier, subconsultant, or subcontractor under a contract with the City, and
may not transact business with the City in excess of the threshold amount provided in Section
287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list. For violation of this subsection by Consultant, City shall
have the right to terminate the Agreement without any liability to City, and pursue debarment of
Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this subsection, City shall
have the right to terminate the Agreement, without any liability or, at its discretion, to deduct
from the contract price (or othenvise recover) the full amount of such fee, commission,
percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during
Applicable Laws which may
Project.
the Term of this Agreement, be governed by all
have a bearing on the Services involved in the
16.5.2 Proiect Documents. ln accordance with section 119.01 (3) (ee), Florida
Statutes, entitled "lnspection, Examination, and Duplication of Records;
Exemptions," all building plans, blueprints, schematic drawings, and diagrams,
including draft, preliminary, and final formats, are exempt from the provisions of
Section 119.07(1), Florida Statutes (inspection and copying of public records),
and s. 24(a), Article I of the State Constitution. lnformation made exempt by this
paragraph, with prior written approval from the City Manager, may be disclosed
to another entity to perform its duties and responsibilities; to a licensed architect,
engineer, or Design/Builder who is performing work on or related to the Project;
or upon a showing of good cause before a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of
the information.
16.5.2.1 In addition to the requirements in this subsection 10.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City
procedures, as may be amended from time to time, by which the
documents are handled, copied, and distributed which may include,
but is not limited to, each employee of Consultant and Subconsultants
25
Page 1357 of i808
42
that will be involved in the Project being required to sign an
agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its Subconsultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the docurnents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents togging in the date,
time, and name of the individual(s) that work on or view the
documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without
added compensation, all necessary supplemental documents to correct errors, omissions,
and/or ambiguities which may exist in the Contract Documents prepared by Consultant,
including documents prepared by its Subconsultants. Compliance with this subsection shall not
be construed to relieve the Consultant from any liability resulting from any such errors,
omissions, and/or ambiguities in the Contract Documents and other documents or Services
related thereto.
16.7 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 Subconsultants, subject to the prior written approval of the City
Manager.
16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds
himself/herself, his/her partners, successors, legal representatives and assigns to the other
party of the Agreement and to the partners, successors, legal representatives, and assigns of
such party in respect to all covenants of this Agreement. The Consultant shall afford the City
(through the City Commission) the opportunity to approve or reject all proposed assignees,
successors or other changes in the ownership structure and composition of the Consultant.
Failure to do so constitutes a breach of this Agreement by the Consultant.
16.9 PROVISION OF ITEMS NECESSARY TO GOMPLETE SERVICES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, Subconsultants, and other purchased services, etc., as
necessary to complete said Services.
16.10 INTENT OF AGREEMENT:
16.10.1 The intent of the Agreement is for the Consultant to provide design and
other services, and to include all necessary items for the proper completion of such
services for a fully functional Project which, when constructed in accordance with the
design, will be able to be used by the City for its intended purpose. The Consultant shall
perforrn, as Basic Services, such incidental work which may not be specifically
referenced, as necessary to complete the Project.
26
Page 1358 of 1808
43
16.10.2 This Agreement is for the benefit of the parties only and it does not grant
rights to a third party beneficiary, to any person, nor does it authorize anyone not a party
to the Agreement to maintain a suit for personal injuries, professional liability, or property
damage pursuant to the terms or provisions of the Agreement.
16.10.3 No acceptance, order, payment, or certificate of or by the City, or its
employees or agents, shall either stop the City from asserting any rights or operate as a
waiver of any provisions hereof or of any power or right herein reserved to the City or of
any rights to damages herein provided.
16.11 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein; and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. lt is furlher 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.
27
Page 1359 of 1808
44
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed
in their narnes by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITYOF MIAMI B
LLo ?A5
CITY CLERK
Attest NGINEERING,INC.
't ,t tt
FGA ucr 1 strtc{-l15L\lc P.t
Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR S(ECUTION
28
Page 1360 of 1808
;
-f
$nature/Secretary
"ffi,
45
SCHEDULE A- SCOPE OF SERVICES
The Scope of Services consists of developing a Design Criteria Package (DCP) and Conceptual
plans for approximately 0.85 miles of lndian Creek Drive. The conceplual plans include
roadway, drainage, signing & pavement markings, and signalization. ln addition, coordination
with key stakeholders is included. The conceptual plans are required as reference to the Design
Build criteria package and will be performed in accordance with FDOT design requirements.
The RFP will include FDOT design criteria as well as City of Miami Beach contract requirements
required by the Design-Build Firm to properly submit a response to the RFP
The Civil Scope of SeMces includes the following:
Project General Tasko Progress and Coordination Meetings with City of Miami Beacho Coordination Meetings with Florida Department of Transportation (FDOT). Coordination meetings with required discipline reviewers. Coordination meetings with key stakeholders.r Coordination with Geotechnical, Surveyor, Structure and Environmental Consultants
providing services to the City of Miami Beach.. Plans review meetings and field review meetings.
Roadway Analysis and PIans:r Typical Section and Pavement Design Package for FDOT approval. Prepare RFP Design Criteria and requirements. Line and Grade analysis including transitions into side streets. Prepare Roll Plots. Includes horizontal, profile, utilities, and drainage.. Prepare plan details: typical section, back of sidewalk profile and cross sections (11"x17"
sheets). Traffic Control Analysis and Roll Plots (including 3 phases). Schedule of Valueso Quantities: roadway and drainage. Engineers Probable Construction Estimate
Drainage Analysis:r Drainage analysis and master layout design file
Utility Analysis:. Utility master layout design file
Signing and Pavement Marking Analysis and Plan:r Develop SAPM master plan (pavement markings only, no single post signs). Analysis of one (1) cantilever overhead sign. Coordination with FDOT for cantilever overhead signo Quantities. Prepare roll plot
Signalization Analysis and Plan:. Develop Signalization master plan for 3 signalized intersections (conceptual: mast arrn,
control cabinet, pedestrian signals, and loops)
29
Page 1361 of 1808
46
. As-built review and Field review.o Coordination with maintaining agency. Quantities. Prepare roll plot
BOLTON PEREZAND ASSOCIATES SCOPE OF WORK
PHASE I
The work consists of developing contract documents for approximately l soO LF of bulkhead
retaining wall. The contract drawings will consist of wall controt drawingi, notes and typical wall
section depicting the City of Miami Beach pile and panel standard bulkhead wall details and do
not include the actual wall design. The proposed new bulkhead wall will be located along the
front face of the existing bulkhead wall within the city owned parcels.
The work will be performed in accordance with ncior design requirements, and includes the
following tasks:
' Develop horizontal and vertical wall layout geometry based on survey cross sections
depicting the location of the existing wall and baseline geometryo DeveloP plan and elevation views of approximately 1500 LF of retaining walls.
' Develop typical wall section of City of Miami Beach standard bulkhead wall,
provisions for drainage and utility pipe crossings.. Develop quantities and cost estimate.
including
o Coordinate the work with the City of Miami Beach Engineer, Geotechnical Engineer,
Drainage Engineer, and Utility Engineer,
Construction will be in accordance with FDOT Specifications.
PHASE II
The work consists of developing 30% preliminary documents and design build criteria for
approximately 3000 LF of bulkhead retaining wall. The preliminary drawings will consist of wall
control drawings, notes and typical wall section depicting the City of Miami Beach pile and panel
standard bulkhead wall details and do not include the actual wall design. The proposed' new
bulkhead wall will be located along the front face of the existing bulk[ead wait within futureparcels anticipated to be purchased by or deeded over to the City.
ln addition, we will develop 30% plans and details for the concrete drainage pump structure,
including the design criteria for the Design Build criteria package.
The work witl be performed in accordance with FDOT design requirements, and includes the
following tasks:
Develop horizontal and vertical wall layout geometry based on survey cross sections
depicting the location of the existing wall and baseline geometry
Develop 30% plan and elevation view drawings and design criteria of approximately 3000 LF
of retaining walls.
Develop 30% typical wall section of City of Miami Beach standard bulkhead wall, including
provisions for drainage and utility pipe crossings.
Develop quantities and cost estimate.
30
Page 1362 of 1808
47
. Develop 30% design details, drawings, and design criteria for the future pump structure.. Coordinate the work with the City of Miami Beach Engineer, Geotechnical Engineer,
Drainage Engineer, and Utility Engineer.
Construction will be in accordance with FDOT Specifications.
31
Page 1363 of 1808
48
SCHEDULE A.f
CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVTGES
Service Order No. _ for Additional Services.
TO:
PROJECT NAME: Proiect Name
DATE:
SCOPE OF ADDITIONAL SERVICES:
Per attached proposal dated to be considered part of this Agreement.
Estimated calendar days to complete this work:
Original Service Order Amount:
Total From Previous Additional Service Orders:
Fee for this Service Order is Lump Sum/Not to Exceed amount
of:
Total .Agreement to Date:
City's Project Administrator Date
Assistant Director Date Consultant.
Assistant City Manager/Public Date
Works Director
32
Page 1364 of 1808
Davs
$
$
$
Date
49
SCHEDULE B
CONSU LTANT GOMPENSATION
Schedule of Payments
Planning Services *
Design Services*
Bidding and Award Services
Construction Administration *
Reirnbursable Allowance**
$xxxxxxxx
$407,851.00
$xxxxxxxx
$xxxxxxxx
$xxxxxxxx
Note*: These services will be paid lump sum based on percentage complete of each
phase as identified in the individuattasks.
Note*: Construction Administration witl be paid on a monthly basis upon
commencement of construction.
ln the event that, through no fault of the Consultant, Construction Administration
services are required to be extended, which extension shall be subject to prior Gity
approval, and what shaJ!b,9 at the City's sole discretion, the Gonsuttant agrees to extend
said services for $, , per month, for the duration required to comple-te the Project.
Note**: The Reimbursable Allowance belongs to the City and must be approved in
writing, in advance, by the Project Administrator. Unused portions will not be paid to the
Consultant.
33
Page 1365 of 1808
50
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
fiR ig,#J} EIfi
unrel Encmeenno,::::::
Network Engineeiing Serviceq,
Assoqiat
.j:::: ] i- l
n,':tl;tj:",.*;*.{i':.9,"Li;"i;il;*, ;*. :'' ,t.i,.:,, i r,iiit-:: .$27.25,.,.
aw 4,rr@:1*:$.si? it$l4f
',.$ r ;::::::,$41.5& ,:,,.
Projeat Mahager
SenioiEngineer/ Basirr Sgqvices, Lump Sum .,:
a-t: ::::a:a-: . :.:!1r.. :.r..,.1:r:.::
Senior Engineer / QC - Limiting Amount.,,,,:,
:\:liii- .-\:,1:.!:,:::i:r...r::..:::=.' '$78.00 i..
I '
-,$,,9,"!.t09 ..
i , ,",,$9.9:90 .,
Ribbeck Engineerin$, lnc.
34
Page 1366 of 1808
51
35
Page 1367 of 1808
52
SCHEDULE D
CONSTRUCTION COST BUDGET
The City's Construction Cost Budget is $2S million.
36
Page 1368 of 1808
53
SCHEDULE E
PROJECT SCHEDULE
37
Page 1369 of 1808
54
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ATTAGHMENT A
RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMOMNDUM
3B
Page 1371 of 1808
56
RESOLUTION NO. 2ot6-2s4s6
A RESOLUTION OF THE MAYOR AND CITY COMIVTiSSiOT.T OF THE
GITY OF MIAMI BEACH, FLORIDA, AS IT PERTAINS TO THE CITY
CONSTRUCTION PROJECT REFERRED TO AS THE ..INDIAN CREEK
DR|VE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET
FLOODING M|TIGATION PROJECT" [HERETNAFTER',PROJECT"I,AND, WITH RESPECT TO THE PROJECT, ACCEPTING THE
FINDINGS AND RECOMMENDATION OF THE CITY MANAGER
CERTIFYING A VALID PUBLIC EMERGENCY PURSUANT TO
SUBSECTIONS 287.055(3)(aX1) AND (9)(cX6), FLORIDA STATUTES;
AND, AS PERMITTED PURSUANT TO SUBSECTION 2-357(e) OF THE
CITY CODE, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT RELATING TO THIS PROCUREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK
ENGINEERING, IN AN AMOUNT NOT TO EXCEED $407,851, FOR THE
PREPARATTON OF A DESTGN GRITERIA PACKAGE (DCp) AND
CONCEPTUAL PLANS WHICH COMPLIES WTH THE
SPECIFICATTONS SET FORTH UNDER SECTTON 287.055(2Xi),
,
FLORIDA STATUTES.
WHEREAS, on September 27, 2015, the City experienced severe tidal flooding
caused by King Tides o'f 1.12 feet above mean high water, in the area of lndian Creek
Drive, from 26th to 41't Streets, which severely impacted both pedestrian and vehicular
traffic for severaldays; and
WHEREAS, at its March 9, 2016 meeling, the City Comrnission approved
Resolution No. 20'16-29332, approving and authorizing the City to negotiate and enter
into an agreement with the Florida Department of Transportation (FDOT) for the cost
sharing of a construction project on lndian Creek Drive, from 26th lo 41st Streets, to
increase ihe height of the seawall along lndian Creek Drive, and to increase the
elevation of the rbad to "future crown of the road;" and
WHEREAS, to avoid continued tidal flooding and severe flooding caused by high
intensity rainfall events, the City, in conjunction with FDOT, niust implement
infrastructure improvements which will include a new storm water drainage system,
pump station, and seawall; and
WHEREAS, the existing roadway, curbs, gutters and sidewalks will be elevated
to meet new flood elevation requirements, and existing driveways, light poles, signals,
signage and pavement markings will be replaced to match new road-way alignment and
configuration; and
WHEREAS, the City and FDOT are finalizing the cost sharing agreement, and
the City desires to immediately begin the scope of work relative to constructing all the
improvements that would protect lndian Creek Drive from flooding; and
Page 1372 of 1808
57
WHEREAS, over the past year the City has been provided ovenrrhelming
supporting documents relating to of the extreme flooding emergency conditioni
projecled !V NOnn for King Tides in the Fall of 2016 and the e?ective-of tfre King Tides
on lndian Creek Drive; and
WHEREAS, the Administration believes that given the current condition of lndian
Creek Drive, and the periodic flooding and closure of the road due to said flooding
issues, there are extensive existing and potentialfuture community hardships, including
serious impacts to quality of life issues, to justify the necessity of beginning construction
on lndian Creek Drive immediately; and
WHEREAS, the conditions in the area are so drastic and will only worsen if the
work is postponed in order to go through a three (3) to six (6) montn cornpetitive
procurernent process; and
WHEREAS, due to the foregoing, and due to the fact that Ribbeck Engineering is
already performing work in the area for FDOT, the City Manager, in assessing ine
totality of factors giving rise to this situation, believes there is ample support to find and
certify to the City Commission that a public emergency exists and that it is in the best
interest of the City to waive competitive bidding; and
WHEREAS, to avoid coordination problems and construction delays, the City
would benefit from using Ribbeck Engineering, which has an existing contract with
FDOT lo provide right-of-way design services; and
WHEREAS, Ribbeck has the knowledge and expertise to address the flooding
related concerns for lndian Creek Drive, the City Administration seeks to enter inlo an
agreement with Ribbeck for preparation of a design criteria package (DCp); and
WHEREAS, the DCP for lndian Creek Drive shall include roadway, drainage,
signing & pavement markings, and signatization and shall include all FDOT Oesign
requirements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THEClry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, as it pertains to the City construction project referred to as the ''lndian
Creek Drive/State Road (SR) A1A,26 Street to 41 Street - Flooding Mitigation Project"
[hereinafler "Project"J, and, with respect to the Project, accepting the tindings and
recommendation of the City Manager certifying a valid public emergency pursuant to
Subsections 287.055(3)(a)(1) and (9)(c)(6), Florida Statute; and, as [ermitted pursuant
to Subsection 2-367(e) of the City Code, waiving, by 5/7ths vote, Competitive Bidding
Requirements relating to this procurement of the services of Ribbeck Engineering
[Ribbeck], finding such waiver to be in the best interest of the City; and authorizing the
City Manager to negotiate a Professional Services Agreernent with Ribbeck, in an
amount not to exceed $407,8s1, for the preparation of a Design Criteria package (DCp)
and conceptual plans which complies with the specifications set forth under Section
287 .055(2)O, Florida Statute.
Page 1373 of 1808
58
PASSED AND ADOPTED this 8th day of June, 2016.
ATTEST:
Mayor Phi
OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ll&\{b
Date
T;\AGENDA\20f6Uune\PubticWorks\lndian Creek lmprovements Resoultion revised 6.2.2016.docx
Page 1374 of 1808
59
Condensed Title:
A Resolution Of The Ma-yor And Crty
C-onstruction Project Refened To As The "lndian Creek Drive/State Road (Sr) Aia, 26 Stieet To 41 Street - Floodin6Mitigation ProJect" [Hereinafter "Project"], And, With Respect To The Project, Accepting The Findings AnI
Recommendation Of The City Manager CJrtifying A Valid Public Emergency Pursuant'To Subseciions 2g7.0SS(5XAX1)
And (9XCX6), Florida Statutes; And, As Permitted Pursuant To Subslcuon 2-367(E) Of The City Code, Waiviiig,'bi
5/7ths Vote, TheCompetitive Bidding Requirement Relating To This Procurement,'Finding Such il/aiver To Be tn rn6Best lnterest Of The City, And Authorizilg Ttre City fi4anaglr To Negotiate A ProfessionJl Services Agreement WithRibbeck Engineering, ln An Amount Not Tb Exceed $407,8t1, For Th! preparation of A Desid criteriaFackage (Dcp)
And Conceptual Plans Which Complies With The Spebifications Set Fbrth Under Sectio-n 2g7.0s5(2XJ), fforiai
St'atutes.
COMMISSION ITEM SUMMARY
lntended Outcome Su
Item Summa
Build and maintain with full
At its March 09, 2016 meeting, the City comm
Transportation (FDOT) for the cost sharing of a construction project-on lndian Creek Drivefrom Z6* to +i'ttreets. ih;i-J.-^r-.,^r..-- :----..--infrastructure improvements will include Jnew storrn water drainage system, pump station and seawall. The existingroadway, curbs, gutters and sidewalks will be elevated to meet new fiooO ei6vatiix requirements. Driveways, ligh-tpoles' signals, signage and pavement markings will be replaced to match new roadway alignment and configurati6n.
Due to complexity and urgency of this project, the administration recommends engaging Ribbeck Engineering, lnc. as
the engineering firm responsible in. developing the Design Criteria Package 1OCF1 5nO- Conceptual ptans tnlt wi1 Oe
used for this project. Curently, Ribbeck Engineering, lnc. is not part of the approved city's engineering firm rotational
list, howevel due to this firm experience working with FDOT and their current'and previous worf within i-he project area;
it is in the City's best interest to utilize them.
The Public Works Department has reviewed the proposal and finds the cost reasonable.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation :
Financial lnformation :
Source of
Funds:
Amount Account Approved
1 $407,8s1 429-081 5-06 1 357-00-48-s 1 7-
00-00-00-cl 601z/l 2
iallmpr
3
'oBl
Finan
Total I
rct Summ;ryi
Eric x6012
Sion-Offs:
Assistant Department
Directou/)
Assistant City Manager /
DPJ{TI
Gity l$pnager
JJF--}{J<-l ETC ?I'JLM/Y\
WorksVndian .docx
,l
a'd Agenda ltem
Date
R'70{-m-TAN IAAAIBEAC H Page 1375 of 1808
60
g MIAMIBEACH
Amount
$407,851
Ciiy of Miomi Beoth, I200 Convenlion Center Drive, Miomi Beoch. Floridq 33 139, wr,ra,v.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member. fr,n" City /ommission
FRoM: Jimmy L. Morales, City Manage, #-a V
DATE: June 8, 2016
SUBJECT: A RESOLUTION OF THE MAIfOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AS IT PERTAINS TO THE CIry
CONSTRUCTION PROJECT REFERRED TO AS THE "INDIAN CREEK
DRIVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET - FLOODTNG
MtTtGATION PROJECT" [HERETNAFTER ',PROJECT'I, AND, WITH
RESPECT TO THE PROJECT, ACCEPTING THE FINDINGS AND
RECOMMENDATION OF THE CITY MANAGER CERTIFYING A VALIO
PUBLIC EMERGENCY PURSUANT TO SUBSEGTIONS 287.055(3)(a)(1)
AND (9)(c)(6), FLORIDA STATUTES; AND, AS PERMITTED PURSUANT To
SUBSECTION 2-367(e) OF THE CITY CODE, WAIVING, BY 5/7THS VOTE,
THE COMPETITIVE BIDDING REQUIREMENT RELATING TO THIS
PROCUREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK ENGINEERING,
IN AN AMOUNT NOT TO EXCEED $407,851, FOR THE PREPARATION OF
A DESTGN CRITER|A PACKAGE (DCp) AND CONCEPTUAL PLANS WHICH
COMPLIES WITH THE SPECIFICATIONS SET FORTH UNDER SECTION
287 .0s5(21(i), FLORTDA STATUTES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
Funding is subject to the FY 14l15 being approved by City Commission,
Account Number
429-08 I 5-061 35 7-00-48-5 1 7-00-00-00-C 1 60'l
'Page 1376 of 1808
61
Commission Memorandum - tndian Creek Drive - 26th to 47'f Street - Ftooding Mitigation project
Page 2 of 3
BACKGROUND
At its March 9, 2016 meeting_, the City commission approved Resolution 2016-29A32 approving
an agreement between the City and Florida Department of Transportation (FDOT) ior the cost
sharing of a construction project on lndian Creek Drive from 26h to 41't btreets. The
infrastructure improvements will include a new storm water drainage system, pump station
and seawall. The existing roadway, curbs, gutters and sidewatks witt be elevated to meet
new flood elevation requirements. Driveways, light poles, signals, signage and pavement
markings will be replaced to match the new roadway alignment anO contiguration.
Pyg tq complexity and urgency of this project, the administration recommends engaging
Ribbeck Engineering, lnc. as the engineering firm responsible in developing the Design Criterii
Package (DCP) and conceptual plans that will be used for this projbct. Currenly] Ribbeck
Engineering, lnc. is notpart of the approved City's engineering firm rotaiionallist. However, due
to this firm's experience working with FDOT, along with lheir current and previous work within
the project area, it is in the City's best interest to utiiize them.
The majority of the construction improvements will happen within FDOT's right of way. Ribbeck
Engineering will play an important role making sure the DCP package complies witn fOOT ana
City design criteria requirements. A scope of work has been provided and is attached as Exhibit
1 along with the proposed hours of effort for lhe work. Ribbeck Engineering will perform the
work under the same hourly rates and percentages for overhead and [rofit as iheir contract with
FDOT.
Authorization to enter inlo an agreement is being proposed under Section 287.ASS, Florida
Statutes (also known as the "Consultants Competitive Negotiation Act" or CCNA). While the
CCNA requires municipalities to publicly bid certain professional services, including architecture
and engineering services, this requirement can be waived in cases of valid public emergencies.
ln this case, the Administration believes that given: 1) current conditions, both at the project site
and within the neighborhood; 2) the potential community hardships, quality of life issues,
potentially aggravated due to a postponement of the current work in ordei to undertake a
procurement process; and 3) the fact that this firm is performing work in the area; the City
Administration, in assessing the totality of factors giving rise to this situalion, believes there ii
ample support to find that a public emergency, necessitating a CCNA waiver of the bidding
requirements, exists here,
Given that the faots do indeed support the existence of a public emergency, to the extent lhat a
waiver of the bidding requiremenls under the CCNA is justified, the Administration recommends
the following course of action:
1. That the competitive bidding requirements be waived by 5ffths vote as permitted pursuant to
Section 2'367(e) of the City Code, flnding such waiver to be in the best interest of the City,
and that the City Manager be authorized to take further actions to procure the necessary
emergency design and construction services for the project, via a design-build contract,
including authorizing the preparation of a Design Criteria Package (DCP) which complies
with the specifications set forth under F.S. 2B7.0SS(2)0);
2. That the total sum of the contract for this engineering firm and subcontractor is $407,851
which consists of developing a Design Criteria Package (DCP) and conceptual plans for
approximately 0.85 miles of lndian Creek Drive. The conceptual plans inctude roadway,
drainage, signing & pavement markings, and signalization. ln addition, coordination with key
Page 1377 of 1808
62
Commission Memorandum - lndian Creek Dive - 26th to 41't Street - Flooding Mitigation project
Page 3 of 3
stakeholders is included. The conceptual plans are required as reference to the bCp anO
will be performed in accordance with FDOT design requirements. The DCP will include
|DOT design criteria as well as City of Miami Beach contract requirements necessary by the
Design-Build Firm to properly submit.
CONCLUSION
The Administration recommends adopting the Resolution
Attachment - Ribbeck Engineering proposal dated 5tZ6l2A16
Attachment - Subcontractor Bolton Perez & Associates Proposal daled 3t2812016
rLMtW@IBAMMRB/GP
T:\AGENDA\2016Uune\Public Works\lndian Creek lmprovements Memo.doc
Page 1378 of 1808
63
lndian Creek Drive from 25th Street to 41st Street
Scope of Work - Ribbeck Engineerins
Mav 31. 2016 .
The Scope ofServices consists of developing a Design Criteria Package (DCP) and Conceptual plansfor
approxirnately O.85 miles of lndian Creek Drive. The conceptual plans include roadway, drainage,
signing & pavement markings, and signalization. ln addition, coordination with keystakeholders is
included. The conceptual plans are required as reference to the Design Build criteria package and wilt be
perforrned in accordance with FDOT design requirements. The RFP will include FDOT design criteria as
well as Cityof Miarni Beach contract requirernents required bythe Design-Build Firmto properlysubmit
a response to the RFP.
The Scope of-Services task's include the following:
Project General Task
Progress and Coordination Meetings with City of Miami Beach
Coordination Meetings with Florida Department of Transportation (FDOT)
Coordination meetings with required discipline reviewers
Coordination meetings with key stakeholders.
Coordination with Geotechnical, 5urveyor, Structure and Environmental Consultants providing
services to the City of Miarni Beach.
r Plans review meetings and field review rnEetings.
Roadway Analysis and Plans:
a
a
c
a
a
a
a
,
O
a
o
a
a
a
Typical Section and Pavement Design Package for FDOT approval
Prepare RFP Design Criteria and requirements
Line and Grade analysis including transitions into side streets
Prepare Roll Plots. lncludes horizontal, profile, utilities, and drainage.
Prepare plan details: typical section, back of sidewalk profile and cross sections (17"xL7" sheets)
Traffic Control Analysis and Roll Plots (including 3 phases)
Schedule of Values
Quantities: roadway and drainage
Engineers Probable Construction Estimate
Drainage Analysis & Plan Production:
Pre-DCP Design Component: Activities under this task include coordination with City & City's
Contractor forT2" trunk-line & manholes construction. Also, includes providing design & plan
production support for main trunk-line plan layout (horizontal/verticalcontrol)and incidental
miscellaneous drainage details.
Page 1379 of 1808
64
. RFP Design Component: Activities under this task includes providing drainage analysis and
master layout design file for proposed pump station and incidental roadway drainage (inlets,
manholes, storm drain Iaterals & connection to trunk-line),
Utility Analysis:
. . Utility master layout design file
Signing and Pavement Marking Analysis and Plan:
o Develop SAPM master plan (pavement markings only, no single post signs)
e Analysis of one (1) cantilever overhead sign
. Coordination with FDOT for cantilever overhead sign
o Quantities
r
. Prepare roll plot
Signalization Analysis and Plan:
. Develop Signalization master plan for 3 signalized lntersections (conceptual: mast arm, control
cabinet, pedestrian signals, and loops)
r As-built review and Field review.
o Coordination with maintaining atency
. Quantities
. Prepare roll plot
Page 1380 of 1808
65
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Page 1381 of 1808
66
lndian Creek Drive from 25rh Street to 415t Street - Temporarv Steel Sheet Pile Wall
Scope of Work - Structural
Revised March 28, 2015
The work consists of developing contract documents for approximately 1500 LF of bulkhead retaining
wall. The contract drawings will consist of wall control drawings, notes and typical wall section depicting
the City of Miami Beach pile and panel standard bulkhead wall details and do not include the actual wall
design. Theproposednewbulkheadwall will belocatedalongthefrontfaceoftheexistingbulkhead
wall within the City owned parcels.
The work will be performed in accordance with FDOT design requirements, and includes the following
tasks:
t. Develop horizontal and vertical wall layout geometry based on survey cross sections depicting
the location of the existingwall and baseline geometry,
2. Develop plan and elevation views of approximately 1500 LF of retaining walls.
3, Develop typical wall seqtion of City of Miami Beach standard bulkhead wall, including provisions
for drainage and utility pipe crossings,
4, Develop quantities and cost estimate,
5. Coordinate the work with the City of Miami Beach Engineer, Geotechnical Engineer, Drainage
Engineer, and Utility Engineer.
Construction will be in accordance with FDOT Specifications.
Page 1382 of 1808
67
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68
lndian Creek Drive from 25ft Street to 41't Street - Temporary Steel Sheet Pile Wall
Scope of Work - 5tructu ral
Revised March ,28, 2016
The work consists of developing 30% preliminary documents and design build criteria for approximately
3000 LF of bulkhead retaining wall. The prelim inary drawings will consist of wall control drawings, notes
and typical wall section depicting the City of Miami Beach pile and panel standard bulkhead wall detaits
and do not include the actual wall design. The proposed new bulkhead wall will be located along the
front face of the existing bulkhead wall within future parcels anticipated to be purchased by or deeded
over to the City.
ln addition, we will develop 30% pldns and details for the concrete drainage pump structure, including
the design criteria for the Design Build criteria package.
The work will be performed in accordance with FDOT design requirements, and includes the following
tas ks:
1. Develop horizontal and verticalwall layout geometry based on survey cross sections depicting
the location of the existing wall and baseline geometry.
2, Develop 30% plan and elevation view drawings and design criteria of approximately 3000 LF of
retaining walls.
3. Develop 30% typicalwallsection of City of Miami Beach standard bulkhead wall, including
provisions for drainage and utility pipe crossings.
4. Develop quantities and cost estimate.
5. Develop 30% design details, drawings, and design criteria for the future pump structure.
6. Coordinate the work with the City of Miami Beach Engineer, Geotechnical Engineer, Drainage
Engineer, and Utility Engineer,
Construction will be in accordance with FDOT Specifications.
Page 1384 of 1808
69
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Page 1385 of 1808
70
42 Certlflcato of Completion
A certiffcat-e of Completion wll be prapared for exEcution by both parlies stagng ho total
compensalion due the Consullant thE amount previously piia, and the difference.
Upon executt-on of tha Certification of Completion, the ConsulEnt will eilher submit a
terminalion involce for an amount due or reftJnd to the Departnenl for the overpayrnent,
provlded the net difference ls notzem.
5.0 COHPENSANON RATES
The following tables are provided for definhion of conhactrnl rales. Table ntrnbers not listed are
not included in thls document
Table 5 - Unleded Houfi Rates
Table 6 - Loaded Billlng Rates
Table 5A
Multipliers forRates
Gonsuttanl Overhead FCCf!C OI'DS
DIus CDAF
Direct
EloenBe
Ribbeck Engineeriftg, lnc.'165.56%O.7330/"38.50%0.000,6
A.O.A. Enginearin.q, lnc.181,4V/o 0.037%33.50%4.23ot
A&P Consu ttin g Tra nsportalion Enqineers. Coro.164.09%0.034%3{1.509o 2-36elo
Atkins North America. lnc.157.800A O.047olo 34,50"6 14.9%
HR Ensinaerins Servlceg, fnc.169-35%0,249%33.50%14.33%
H. W, Lochner, lnc.1U.32%0.300%30.5#i 29.OO%(ailh and Schnaro, P-A,174.60%0.4380/l 28.Wo 9_14 l"
Klmley-Hom and Associaiss. lnc.193.50o/o 0.648%34.50%6-58o/o
Marlin Enqineerinq. lnc.134,95%0.016%&.50%2-19%
e-bove retes for overhead, FCCM, Opentirg Margin, and ar€end a@ rol suhiecl to auditadJuatmenf durlngttre tenn of l,1b agreemen!
stlhi€cj
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TaDIE5E
Unlodal llcurly Rataa
ContzctRsE!
Consultant Job Classfllame Unft Rats
Rlbbeck Engineerlng, lnc.
Engineerlnq lnlem Hour s31.00
Projeot Engineer Hour $56.00
ProjeclManaEer Hour s65.00
Senlor Dasigner Hour $32.20
Senior Engineer Hour $6o.oo
Senior Proiect Enslneer Hour s68.00
Senior Sclentist Hour s31.00
Page 1386 of 1808
Project Gost RedisFlbudon
71
PROJECT NAME :
AD NUMBER:
CONTMCT NO.:
EXHIBIT B
sR 94iKendall Orive from sw 7500 Blocusw 73 Place to US llsouth Dixie Hwy and
SR 94/Kendall Drive from SW 77 Ave to US 1
16641
CONSULTANT OMDS EXP MULTIPLIEROH
Network En gineering Services,
lnc. / dba Bolton Perez &
Associates
CLASSIFICATION
Chief Engineedng
Engineer
Engineering lntern
Proj,ect Engineer
Project Manager
Senior Engineer / Basic Services - Lump Sunr
Senior Engineer / QC - Limiting Amount
FIRM RATE
$78,00
$3e.00
$27.25
$42,50
$7E.00
$66,00
$66.00
Page 1387 of 1808
72
Indir" Cr""t Orir.
Scope of Work- Ribbeck Engineerine
December 2Oth, 2016
The Scope of services of this consists of developing a set of construction plans for approximately 1.47
miles of roadway which includes 0,75 miles along lndian creek Drive from 26th street to 41,t street and0'72 miles along side streets including the fotlowing: 0.09miles along 2gs street, 0.0g miles along 29rhstreet, 0'09 miles along 30th Street, 0.05 miles along 32nd Street, 0.05 miles along 34th street, 0.05
miles along 35th street, 0.08 miles along 38th street, 0.05 miles along 4L't Street, 0.06 miles along collins
Avenue from 31't street to 32nd Street, 0.11 miles along collins Avenue from 36th street to 3g,h street,
and collins Avenue from 26th street to 27th street. The construction plans include roadway restoration,
traffic control plans, drainage, signing& pavement markings, and signalization components, ln addition,coordinationwithl<eystakeholdersisincluded. Theinterimconstructionplansarerequiredinorderto
construct aT2" maintrunkalong lndian creek Drive as well as to provide drainage improvements alongthe aforementioned side streets by upsizing the drainage line to 24". The interim construction plans willfollow FDor design criteria as well as city of Miami Beach contract requirements.
The Scope of Services for this task includes the following:
Project General Task
o None under this Task. Hours have been included under RFp and Management
SupplementalTask.
Roadway Analysis and plans:
o
o
o
o
Roadway restoration analysis and plans
Drainage Plan and profile Sheets
Traffic Control analysis and plans
Roadway Quantity take off and summary of pay items in compliance with FDor Basis of
Estimates
Field Reviews
Roadway analysis coordination with FDOT
Roadway coordination with Contractor.
o
o
o
Drainage Analysis and plans:
o Design of strom Drains including the evaluation and analysis of 100 new drainage
structures within lndian creek Drive mainline to be build (to meet interim condition and
to later transition into ultimate condition) for the new 72" trunk-llne and 50 additional
new drainage structures within side streets from Collins Avenue to lrldian Creek Drive
for the 24" pipe upsize working under gravity flow conditions.
Page 1388 of 1808
73
o Temporary Drainage Analysis including the evaluation to maintain drainage during
construction as well the drainage interim phase between the newly constructed 72,,
trunk-line and the existing slde-street drainage.
o Drainage coordination with Contractor during construction and field reviews,o Drainage Map
o Drainage Quantity take off and summary of drainage structures ln compliance w1h
FDOT Basis of Estimates,
o Drainagecalculations
o Permit Set for SFWMD and DERM
o Miscellaneous Drainage Details
o OptionalpipeMaterial
o Drainage Structure Sheets
Utility Coordination:
o Utility Coordination with UAO,s
Signing and Pavement Markings Analysis and plans:
o Signing and pavement markings analysis and plans for roadway restoration after
drainage improvement construction as per MUTCD and FDor criteria.
Signalization Analysis and plans:
o signalization analysis and plans for roadway restoration after drainage improvement
construction as per MDCTS&S Division and FDoT requirements including pedestrian
signal features restoratiorl pull boxes, conduits, loops, etc.
I
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I
Page 1389 of 1808
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December 20th, 2016
The Scope ofServices ofthis consists of developing a Request for proposal package (RFp) and
Conceptual plans for approximately 0.85 miles of lndian Creek Drive, The conceptuaI plans include
roadway, drainage, signing & pavement markings, and signalization, ln addition, coordination w1h key
stakeholders is included' The conceptual plans are required as reference tothe Design Build criteria
package and will be performed in accordance with FDOT design requirements. The RFp will include
FDOT design criteria as well as City of M iami Beach contract requirements required by the Design-Build
Firm to properly submit a response to the RFp
The scope of Services for this supplemental task includes the following:
Project General Task
Additional hours for:
o Progress and Coordination Meetings with City of Miami Beach
o coordination Meetings with Florida Department of Transportation (FDor)
o Coordination meetings with required discipline reviewers
o Coordination meetings with key stakeholders.
o Coordination with Geotechnical, Surveyor, Structure and Environmental Consultants
providing services to the City of Miami Beach.
o Plans review meetings and field review meetings.
Roadway Analysis and plans:
Design Variations memorandum and reports including crash data analysis and benefit cost ratios
as requested by the Department for the following Design Elements:
o Border Width Design Variation
o HorizontalAlignmentDesignVariation
o Superelevation Design Variation
o Spacing between VPI's Design Variation
o Sight Distance at lntersections (lndex 546) Design Variation
o Stopping Sight Distance Design Variation
o Minimum Parking Restrictions Design Variation
o Bicycle Lane Width Design Variation
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lnterim Construction phase
Scope of Work- Ribbeck Eneineerine
December 2oth, 2016
The Scope of Services of this consists of developing a set of construction plans for approximately 0.18G
rniles of roadway which includes lndian Creek Drive from 25th Street to north of 26th Street and Collins
Avenuefrom26thStreetto2Tthstreetfortheconstruction of a72" maintrunkalonglndianCreekDrive,
drainage improvements along Collins Avenue and roadway restoration. The construction plans include
roadway, traffic control plans, drainage, signing & pavement markings, and signalization components. ln
addition, coordination with key stakeholders is included. The interim construction plans are required in
order to construct a72" maintrunk along lndian Creek Drive, provide drainage improvements along
Collins Avenue from 26th Street to 27th Street. The interim construction plans will follow FDOT design
criteria as well as City of Miami Beach contract requirements.
The Scope of Services for this task Includes the following:
Project General Task
o None under this Task. Hours have been included under RFP and Management
SupplementalTask.
Roadway Analysis and Plans:
o Roadway restoration analysis and plans
o Drainage plan and profile Sheets
o Traffic Control analysis and plans
o RoadwayQuantitytake off and summaryof pay items in compliancewith FDOTBasis of
Estimates
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o Roadway analysis coordination with FDOT
o Roadway coordination with Contractor.
Drainage Analysis and plans:
o Design of Strom Drains including the evaluation and analysis fo22 new drainage
structures within Collins Avenue from 25th Street to 26th Street, lt also inclucles Collins
Avenue at 26th Street intersection drainage improvements, as well as Collins Avenue
from 25th Streetto 26th Street 72" trunl<line construction to be built to meet interim
condition and to later transition into ultimate condition working under gravity flow
conditions.
Page 1418 of 1808
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o femporary Drainage Analysis including the evaluation to maintain drainage during
construction as wellthe drainage interim phase between the newly constructed 72"
trunk-line and the existing side-street drainage.
o Drainage coordination with Contractor during construction and field reviews.o Drainage Map
o Drainage Quantity take off and summary of drainage structures in cornpliance with
FDOT Basis of Estimates.
o Drainagecalculations
o Permit Set for SFWMD and DERM
o Miscellaneous Drainage Details
o Optional pipe Material
o Drainage Structure Sheets
Utility Coordination:
o Utility Coordination with UAO,s
Signing and Pavement Markings Analysis and plans:
o Signing and pavement markings analysis and plans for roadway restoration after
drainage improvement construction as per MUTCD and FDOT criteria,
Signalization Analysis and plans:
o Signalization analysis and plans for roadway restoration after drainage improvement
construction as per MDCTS&S Division and FDOT requirements including pedestrian
signal features restoration, pull boxes, conduits, loops, etc.
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Page 1438 of 1808
123
Steel Sheet Pile Cofferdam - Structural
Revised Januarv L3, 2017
The work consists of developing contract documents for approximately 4500 LF of bulkhead retaining
walls from 25th street to 4L't street, The contract drawings will consist of wall control drawings, notes
and typica.lwall sections depicting the City of Miami Beach pile and panel standard bulkhead wall details
and do not include the actual wall design. The proposed new bulkhead wall will be located along the
front face of the existing bulkhead wallwithin the City and private owned parcels. Return walls
consisting of FDOTStandard gravity walls will be used to contain the grade differential between the city
owned and non-owed parcels during phased construction.
The work will be performed in accordance with City of Miami Beach and FDoT design requirements, and
includes the following tasks:
1. Develop horizontal and vertical wall layout geometry based on survey cross sections depicting
the location of the existing wall and baseline geometry.
2. Develop plan views of approximately 4500 LF of retaining walls with gravity wall returns.3, Develop typical wall section of City of Miami Beach standard bulkhead wall, including provisions
fordrainage and utility pipe crossings depicting elevations at top of wall and existing grade at
face of wall,
4. Design and develop final plans and details forthe concrete drainage pump structure, including
the temporary steel sheet pile cofferdam for construction of the pump structure. The
geotechnicaI engineer shall provide recommendations and criteria for the foundation design.5. Coordinate the work with the City of Miami Beach Engineer, Geotechnical Engineer, Drainage
Engineer, Environmental Engineer, and Utility Engineer.
6. Develop permit drawings for South Florida Water Management District (SFWMD) and DERM,
The permit drawings will be split into two packages. The first between 25th Street to 26th Street
(includes both SFWMD and DERM) and the second from 26th Street to 4L't Street (in two
submittals, one for SFWMD and another for DERM),
7. Develop preliminary design of Temporary Critical Walls (TCW) for construction of the main
drainage pipe running parallel to SR AIA (lndian Creek) and preliminary design of permanent
steel sheet pile walls along FDoT RW. Design the wallto support the excavation required to
install the proposed drainage pipe along SR AlA. Evaluate the feasibility for the use of the TCW
or contractor proposed trench box based on proposed traffic control plans.
B. Review contractor shop drawings for the bull<head walls and pump structure.
Construction will be in accordance with City of Miami Beach and FDOT Specifications.
Page 1439 of 1808
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141
lndian Creek Drive from 26th Street to 41't Street
Scope of Work - TRACE Consultants, lnc.
Lighting Analysis and Plans:
r Develop full lighting design analysis report to submit to City of Miami Beach, FDOT and Miami-
Dade County
o Perform voltage drop calculations
r Develop lighting design following FDOT's latest criteria requirements which will divide the
corridor into 16 different analysis zones with different horizontal and vertical illumination
requirements
o Develop proposed temporary lighting to be utilized during construction
r Attend design meetings with City staff, FDOT and maintaining agency
o Prepare construction plans following FDOT requirements for plans production, specifications
and pay items
o Quantities
r Engineers Probable Construction Estimate
r Provide required post design services including attending field reviews, progress meetings,
reviewing shop drawings and making plan revisions
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