Addendum to Design Consultant Agreement between the CMB and CES Consultants, Inc. Z.o2 S �33qd�]
Nr�V C� 4 201�
ADDENDUM TO DESIGN CONSULTANT AGREEMENT
The CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and
existing under the laws of the State of Florida (the "C�") and CES CONSULTANTS, INC., a
Florida corporation ("Consultant") hereby incorporate this Addendum to Design Consultant
Agreement (the "Addendum"), dated '�!�?��' b '� ;7(il�j 2025 (the "Effective
Date") into that certain Standard Form of Agreement Between Design-Builder and Design-
Consultant, by and between the City, as the assignee of RIC-MAN CONSTRUCTION FLORIDA,
INC., a Florida corporation ("Ric-Man"), and Consultant dated as of June 14, 2017 (the "Ori inal
Contract" and as modified by this Addendum, the "Contract"). Capitalized terms used but not
defined herein shali have the meanings set forth in the Original Contract. In the event of a conflict
between the terms of this Addendum and the terms of the Original Contract or the Design/Build
Agreement(as defined below, and to the extent referenced in the Original Contract), the terms of
this Addendum shall control.
WHEREAS, the City and Ric-Man entered into that certain Design/Build Agreement, dated
as of June 14, 2017 (the "Desiqn/Build Aqreement"), relating to the construction of the West
Avenue Phase III improvements south of 14ih Street (the '`Project");
WHEREAS, contemporaneously, Consultant and Ric-Man entered into the Original
Contract, a subcontract of the Design/Build Agreement, for the provision of engineering and other
services ("Services") related to the Project;
WHEREAS, on March 14, 2�25, the City terminated the Design/Build Agreement and,
pursuant to Section 3.24(c) thereof, exercised its contractual right to the assignment of the
Original Contract, at the City's election (the "Assiqnment");
WHEREAS, on July 9, 2025, Ric-Man delivered an executed letter to the City assigning
to the City all right, title and interest of Ric-Man in and to the work product produced to-date
pursuant to the Original Contract;
WHEREAS, subsequent to the City's election under Section 3.24(c) of the Design/Build
Agreement, Ric-Man purported to terminate the Original Contract;
WHEREAS, the City and Consultant desire to re-instate the Original Contract, with the
City assuming Ric-Man's rights and obligations under the Original Contract;
WHEREAS, the City and Consultant desire to modify the scope of the Services to include
construction management and inspection services for the Project(the"Revised Scope"), as more
particularly set forth in Exhibit 1 attached hereto and incorporated herein, in the not-to-exceed
amount of$3,396,680.55; and
WHEREAS, the City will enter into a new design/build agreement (the "Construction
Contract") pending selection of a new contractor(the "Contractor").
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Consultant agree as follows:
1. The above recitals are true and correct and are incorporated as part of this
Addendum.
2. Consultant acknowledges that, pursuant to Section 3.24(c) of the Design/Build
Agreement, Ric-Man conditionally assigned to the City all the rights, title and interest of Ric-Man
in the Original Contract, and the City has since effectuated the Assignment. Accordingly, the City
and Consultant hereby reinstate the Original Contract between Ric-Man and Consultant, as if
such Original Contract had not been terminated, with the City assuming all rights and obligations
of Ric-Man thereunder. Consultant hereby consents to the Assignment by the City. Consultant
hereby agrees that, notwithstanding that Consultant performed Services (as defined below) in
connection with the Project or any part thereof, the City shall only be liable to Consultant in
connection with such Services to the extent such obligations arise from and after the Effective
Date.All covenants, representations, guarantees and warranties of Consultant under the Contract
shall be deemed to be made for the benefit of the City and shall be enforceable by the City.
Consultant shall honor the Contract as if the Contract had been originally entered into with the
City.
Consultant represents and warrants the following to the City as of the Effective Date:
a. no payments, fees, costs, or other compensation are due or owing to Consultant
under the Original Contract, and Consultant has no claims against Ric-Man or the
City for Services performed prior to the Effective Date;
b. Total compensation to Consultant under the Original Contract was $1,275,000.00,
of which $1,019,201.00 has been paid as of the Effective Date;
c. there has been no breach or default under the Original Contract that would impair
the City's rights under the Assignment;
d. there are no pending claims, disputes or threatened actions between Consultant
and Ric-Man under the Original Contract;
e. it has complied with all applicable laws, codes, and regulations in the performance
of the Services to date;
f. it has full power and authority to enter into this Addendum and to perform its
obligations hereunder, and doing so does not violate any other agreement or
obligation of Consultant; and
g. no liens, claims or encumbrances exist or will arise in connection with Services
performed prior to the Effective Date.
3. Consultant hereby waives all rights of recovery, claims, actions or causes of action
against the City (and any successor to the City pursuant to the Contract), and their respective
elected and appointed officials (including, without limitation, the City's Mayor and City
Commissioners), directors, officials, officers, shareholders, members, employees, successors,
assigns, agents, contractors, subcontractors, experts, licensees, lessees, mortgagees, trustees,
partners, principals, invitees and affiliates, for any loss or damage to property of Consultant which
may occur at any time in connection with the Project.
4. Consultant agrees to comply with all federal, state and local laws, rules,
regulations, ordinances and building or zoning codes (collectively, "Laws") applicable to
Consultant in connection with Services.
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5. Nothing contained in the Contraci is in any way intended to be a waiver of the
prohibition on Consultant's ability to file liens against property of the City of Miami Beach, Florida,
or of any other constitutional, statutory, common law or other protections afforded to public bodies
or governments.
6. The City shall have the right to inspect and copy, at the City's expense, all books
and records and accounts of Consultant which relate in any way to the Project or to any claim for
additionai compensation made by Consultant, and to conduct an audit, either through its Internal
Audit Department, Office of Inspector General (as further described herein), or an independent
accounting firm selected by the City, of the financial and accounting records of Consultant which
relate to the Project. Consultant shall retain and make available to the City all such books and
records and accounts, financial or otherwise, which relate to the Project and to any claim for a
period of five(5)years following final completion of the Project. During the Project and the five(5}
year period following final completion of the Project, Consultant shall provide the City (or its
authorized representatives) access to its books and records upon seventy-two (72) hours written
notice.
7. To the extent permitted by any Laws, no claim for damages or any claim, other
than for an extension of time, shall be made or asserted against the City by reason of any delay
including, without limitation, unavoidable delays or any delays in the design, development and
construction of the Project which may arise as a result of the City's election not to proceed with
the Project. To the extent permitted by law, Consultant or its respective agents, employees,
contractors, consultants or professionals shall not be entitled to claim, nor shall the City have any
obligation to fund, any request(s) for an increase to the Project budget, or other payment or
compensation of any kind from the City, for direct, indirect, consequential, impact or other costs,
expenses or damages, arising because of delay, disruption, interference or hindrance from any
cause whatsoever, including but not limited to unavoidable delays and/or any delays in the design,
development and construction of the Project which may arise as a result of the City's election not
to proceed with the Project.
8. No action or omission by the City shall waive or excuse ConsultanYs obligat�ons
under the Contract andlor other Contract Documents (as defined herein). Consultant shall remain
fully liable for all work performed by Consultant including, without limitation, any design errors or
omissions. Written decisions and/or approvals issued by the City shall not constitute nor be
deemed a release of the responsibility and liability of the Consultant (or any subconsultants), for
the accuracy and competency of the Design Documents (as defined herein)or, as applicable, the
Construction Documents (as defined herein), nor shall any City approval and/or decisions be
deemed to be an assumption of such responsibility by the City for a defect, error or omission in
the Services. Moreover, neither the City's inspection, review, approval or acceptance of, nor
payment for, any Services required under the Contract shall be construed to relieve the
Consu�tant (or any subconsultant) of its obligations and responsibilities under the Contract, nor
constitute a waiver of any of the City's rights under the Contract, or of any cause of action arising
out of the performance of the Contract. The Consultant shall be and remain liable to the City in
accordance with applicable Laws for all damages to the City caused by any failure of the
Consultant or to comply with the terms and conditions of the Contract or by the ConsultanYs
misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Contract.
"Desiqn Documents" means all plans, drawings specifications, schematics and all other
documents which set forth in full the design of the Project 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 architectural and
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engineering e�ements as may be appropriate. "Construction Documents" shall mean the finai
(100% completed) pians, technical specifications, drawings, schematics, documents, and
diagrams prepared by the Consultant pursuant to the Contract, setting foRh in detail 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. "Contract Documents" means the Contract (together with all exhibits,
addenda, Consultant Service Orders and written amendments issued thereto), all Design
Documents and all Construction Documents; provided, however, Design Documents and
Construction Documents shall not be part of the Contract Documents, until (a)the Consultant has
submitted completed Design Documents or Construction Documents, as applicable, to the City
and (b) the proposed Design Documents or Construction Documents, as applicable, have been
reviewed and approved by the City and agencies having jurisdiction in accordance with the
procedures as provided by the Contract Documents. Approval by the City shall not in any way be
construed, interpreted and/or deemed to constitute a waiver or excuse ConsultanYs obligations
to ensure the Design Documents are constructible, in compliance with all applicable Laws and in
accordance with the Contract Documents. Contract Documents shall also include the
Construction Contract, all surety payment and performance bonds, conditions of the Construction
Contract (general, supplementary, and other conditions), technical specifications, approved
change order(s), approved construction change directive(s), and/or approved written order(s) for
a minor change in the Project scope
9. Time is of the essence in the completion of the Project.
10. Consultant shall use its best efforts to maintain a constructive, professional,
cooperative working relationship with, and throughout the Project shall coordinate with, the City's
designated project administrator("Proiect Administrator"), the Contractor, and any and all other
individuals and/or firms that have been contracted, or otherwise retained, to perform work on the
Project.
11. The Consultant is responsible for the professional quality, technical accuracy,
completeness, performance, and coordination of all Services required under the Contract
(including the services performed by subconsultants), within the specified time period and
specified cost. The Consultant shall pertorm the Services as expeditiousfy as is consistent with
the standard of professional skill and care required by the Contract and the orderly progress of
the Project and utilizing the skill, knowledge, and judgment ordinarily possessed and used by a
proficient consultant 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 the City that the
Services conform to the Contract Documents, and all applicable Laws. The Consultant shall be
and remain liable to "the City for all damages to the Sponsor and the City caused by the
Consultant's negligent acts or errors or omissions in the perFormance of the Services. In 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 non-conforming and/or insufficient
services which result from the ConsultanYs failure to perform in accordance with the above
standards. The Consultant shall be responsible for non-conforming and/or insufficient, defective
services and any resulting non-conforming, insufficient, and/or defective construction work re-
performed within twelve (12) months following final acceptance and shall be subject to further re-
performance, repair and replacement for twelve (12) months from the date of initial re-
performance, not to exceed twenty-four months (24) from final acceptance. The Project
Administrators may notify the Consultant, in writing, of any non-conforming and/or insufficient
services and shall approve the method and timing of the corrections.
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12. Consultant agrees that when any portion of the Services relates to a professional
service which, under Florida Statutes, requires a license, certificate of authorization, or other form
of legal entitlement to practice and/or perform such Service(s), Consultant shall employ and/or
retain only qualified duly ficensed certified personnel to provide same.
13. 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, unless such disclosure is incident to the proper performance of the
Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course
of judicial proceedings, where such information has been properly subpoenaed. Consultant shall
also require subconsultants to comply with this subsection.
14. 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. In addition, Consultant shall provide electronic document
files to the City upon completion of the Project.
15. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR
PERFORM IN ANY WAY THE CONSULTANT'S OBLIGATIONS UNDER THE CONTRACT OR
OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR
ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL
NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN
ASSUMPTION BY THE CITY OF C�NSULTANT'S OBLIGATIONS, A WAIVER OF
CONSULTANT'S OBLlGATIONS 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 PRECLUDE THE
C1TY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURE TO
PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY'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 PROCEEDING 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 THtS SECTION
AND/OR ANY OTHER PROVISION OF THIS CONTRACT OR OTHER CONTRACT
DOCUMENTS, THIS SECTION SHALL GOVERN.
16. If applicable, 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.
17. All services provided by subconsultants 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 the Contract.
Nothing contained in the Contract shall create any contractual relationship between the City and
the subconsultants.
18. 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
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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.
19. The Consultant shall be ultimately responsible for ensuring the ConsultanYs and
all of its subconsultants' compliance with the requirements of the Contract. 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 subServices.
20. The City has established a Construction Cost Budget (as defined below) for the
Project. Consultant shall design the Project so that the Construction Cost Budget for the Project
is not exceeded. As part of the Services, Consultant shall design and/or re-design the Project to
the Construction Cost Budget in accordance herewith, making 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 Design
Documents and Construction Documents ta address such items, as necessary, to meet the
established budget parameters set forth in the Construction Cost Budget. "Construction Cost
Budqet„ shall mean the amount budgeted and established by the City to provide for the cost of
the Work for the Project, as will be specified in a written directive of the Project Administrator.
"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, surveys, 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.
21. Consultant shall provide andlor update the Statement of Probable Construction
Cost (as defined below)at each stage of completion of the Design Documents and at completion
of the Construction Documents, unless otherwise specified in a written directive of the Project
Administrator:
(i) Consultant has previously delivered Statements of Probable
Construction Cost in connection with prior stages of completion. For purposes hereof,
"Statement of Probably Construction Cost" shall mean the detailed estimate prepared
by Gonsultant in Construction Standard Index (CSI) format or other format approved by
the Project Administrator, which includes the ConsultanYs 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 element of the Project 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.
(ii) At the 90°lo stage completion of the Design Documents and at
completion of the Construction Documents, Consultant shall update its Statement of
Probable Construction Cost, which must include an estimated Construction Cost for the
Project within a range of plus or minus five percent (+/-5%) of the Construction Cost
Budget. If the ConsultanYs Statement of Probable Construction Cost exceeds the City s
Construction Budget by more than five percent (5%), the Project Administrator shall
provide written notice thereof to the Consultant. Consultant shall then identify the cause{s)
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for the difference and recommend in writing for the City's approval any modification in the
Design Documents necessary to conform the Consultant's estimated total costs in the
Statement of Probable Construction Cost to within five percent (5%) of the City's
Construction Budget. Upon obtaining the City's approval, Consultant shall promptly modify
the Design Documents or Construction Documents within the time period specified by the
Project Administrator(which time period for completion shall not exceed ninety(90) days
from the date Consultant is notified to re-design), as part of the Services and at no
additional cost to the City.
(iii) To ensure that the Construction Cost shall not exceed the
Construction Cost Budget, each Statement of Probable Construction Cost shall be in
sufficient detail to identify the costs of each element of the Project and include a
breakdown of the fees, general conditions and a reasonable and appropriate construction
contingency for the Project.
(iv) The delivery of the Statement of Probable Cost and each update
thereto to the City shall constitute Consultant's certification and warranty to the City that
such Statement of Probable Construction Cost and update thereto represents
ConsultanYs best judgment of the Construction Cost for the Project as an experienced
design professional familiar with the construction industry; provided, however, that
Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary
from any estimates of Construction Cost or other cost evaluation(s)prepared (or othervuise
provided) by Consultant.
(v) If the lowest and best Base Bid exceeds the ConsultanYs final
updated Statement of Probable Cost by more than ten percent (10%), the Project
Administrator shall provide written notice thereof to the Consultant, and the Consultant
shall re-design the Project within the Project scope, construction schedule, sequence of
Work, or such other action, as deemed necessary, to reduce the Statement of Probable
Construction Cost, and Consultant shall provide any required revisions to the Contract
Documents (including, without limitation, the Construction Documents) within the time
period specified by the Project Administrator (which time period for completion shall not
exceed ninety (90} days from the date Consultant is notified to re-design), and shall
provide re-bidding services, as many times as may be reasonably requested by the City,
as part of the Services and at no additional cost to the City, in order to bring any
resulting, responsive and responsible bids within ten percent (10%) of the ConsultanYs
final updated Statement of Probable Cost. For purposes hereof, "Base Bid" shall mean
the elements contained in the Construction Documents recommended by the Consultant
(and approved by the City) as being the Construction Cost Budget. Base Bid shall not
include additive alternatives or deductive alternatives.
22. The Construction Cost Budget shalf not be exceeded without fully
justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are
beyond the control of the parties. Any expenditure above this amount shall ba subject to prior
written approval of the City Commission 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 the Contract (and the
remaining Services)without any further liability to the City. The City Gommission may, at its sole
and absolute discretion, and without relieving Consultant of its obligations under this Contract to
design the Project to the Construction Cost Budget as set forth above, separately elect any of the
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following options: (1)approve an increase to the Construction Cost Budget; (2) reject all bids, and
(at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the
remaining Services without any further liability to the City; (4) select as many deductive
alternatives as may be necessary to bring the lowest and best bid within the Construction Cost
Budget. For purposes hereof, a "Force Maieure" event is an event that (i) in fact causes a delay
in the performance of the ConsultanYs or the City's obligations under the Contract, and (ii} is
beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due
to an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the occurrence of
the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil
insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall
not include technological impossibility, inclement weather, or failure to secure any of the required
permits pursuant to this Contract.
23. Any additional services to be performed by Consultant or any change in the scope
of the Services shall only be performed by Consultant following receipt of written authorization by
the Project Administrator (which authorization must be obtained prior to commencement of any
such additional work by Consultant).
24. All notes, correspondence, documents, plans and specifications, designs,
drawings, renderings, calculations, specifications, models, photographs, reports, surveys,
investigations, and any other documents (whether completed or partially completed) and
copyrights thereto for Services performed or produced in the performance of the Contract, or
related 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 reproduction,
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 the Contract as the case may be).
However, the City may grant an exclusive license of the copyright to the Consultant for reusing
and reproducing copyrighted materials or portions thereof as authorized by the City Manager in
advance and in writing. In addition, the Consultant shall not disclose, release, or make available
any document to any third party without prior written approval from the City Manager. The
Consultant shall warrant to the City that it has been granted a license to use and reproduce any
standard details and designs owned by a third party and used or reproduced by the Consultant in
the pertormance of the Contract. Nothing contained herein shall be deemed to exclude any
document from Chapter 119, Florida Statutes. Notwithstanding the foregoing:
(i) The Consultant is permitted to reproduce copyrighted material
described above subject to prior written approval of the City Manager.
(ii} At the City's option, the Consultant may be authorized, as an
Additional Service, to adapt copyrighted material for additional or other work for the City;
however, payment to the Consultant for such adaptations will be limited to an amount not
greater than 50% of the original fee earned to adapt the original copyrighted material to a
new site.
(iii) The City shall have the right to modify the Project or any
companents thereof without permission from the Consultant or without any additional
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compensation to the Consultant. The Consultant shail be released from any liability
resulting from such modification.
(iv) The Consultant shall bind all subconsultants to the Contract
requirements for re-use of plans and specifications.
25. Termination for Cause. The City may terminate the Contract for cause, upon
written notice to Consuitant, in the event that the Consultant (1) violates any provision of the
Contract 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).
(i) In the event the Contract 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 otherwise. The Consultant shall be
liabie to the City for any additiona! cost(s) incurred by the City due to such termination.
"Additional CosY' is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Contract not been
term i nated.
(ii) In the event of termination for cause by the Gity, the City shall only
be obligated to pay Consultant for those Services satisfactorily performed and accepted
prior to the date of termination (as such date is set forth in, or can be calculated from, the
City's initial written default notice}. Upon payment of any amount which may be due to
Consultant pursuant to this subsection (ii), the City shall have no further liability to
Consultant.
(iii) As a condition precedent to release of any payment which may be
due to Consultant under(ii) above, 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 Section 23). 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.
26. Termination for Convenience. In addition to the City's right to terminate for cause,
the City, through the City Manager, may also terminate the Contract, 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. In the event the
City terminates the Contract for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set f�rth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Administrator of any
and all Project documents prepared (or caused to be prepared) by Consultant (including, without
limitation, those referenced in Section 23). Upon payment of any amount which may be due to
Consultant pursuant to this Section 25, the City shall have no further liability to Consultant.
27. Insurance. The Consultant shall maintain the below required insurance at all times
during the term of the Contract. The maintenance of proper insurance coverage is a material
element of the Contract and failure to maintain or renew coverage may be treated as a material
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breach of the Contract, which could result in withholding of payments or termination of the
Contract:
(i) Workers' Compensation Insurance for all employees of the
Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance
with a limit of no less than $1,00O,OOQ per accident for bodily injury or disease. Should the
Contractor be exempt from this Statute, the Contractor and each employee shall hold the
City harmless from any injury incurred during performance of the Contract. The exempt
contractor shall also submit(i) a written statement detailing the number of employees and
that they are not required to carry Workers'Compensation insurance and do not anticipate
hiring any additional employees during the term of the Contract or(ii)a copy of a Certificate
of Exemption.
(ii) Commercial General Liability Insurance on an occurrence basis,
including products and completed operations, property damage, bodily injury and personal
& advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000
general aggregate.
(iii) Automobile Liability Insurance covering any automobile, if vendor
has no owned automobiles, then coverage for hired and non-owned automobiles, with limit
no less than $1,000,000 combined per accident for bodily injury and property damage.
(iv) Professional Liability(Errors&Omissions) Insurance appropriate to
the Consultant's profession, with limit no less than $2,000,000.
28. Additional Insurance Terms:
(i) Additional Insured - City of Miami Beach must be included by
endorsement as an additional insured with respect to all liabiiity policies (except
Professional Liability and Workers' Compensation) arising out of work or operations
performed on behalf of the Consultant including materials, parts, or equipment furnished
in connection with such work or operations and automobiles owned, leased, hired or
borrowed in the form of an endorsement to the ConsultanYs insurance.
(ii) Notice of Cancellation—Each insurance policy required above shall
provide that coverage shall not be cancelled, except with notice to the City of Miami Beach
c/o EXIGIS Insurance Compliance Services.
(iii) Waiver of Subrogation — Consultant agrees to obtain any
endorsement that may be necessary to affect the waiver of subrogation on the coverages
required and shall indemnify the City, its officers, employees, contractors and agents from
and against any loss or expense (including reasonable attorneys' fees and costs of
litigation) resulting from the failure to obtain such waiver. However, this provision and the
Consultant's waiver of recovery against the City as further described herein applies
regardless of whether the City has received a waiver of subrogation endorsement from
the insurer.
(iv) Acceptability of Insurers — Insurance must be placed with insurers
with a current A.M. Best rating of A+ or higher. If not rated, exceptions may be made for
members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be
10
considered if they are licensed and authorized to do insurance business in the State of
Florida.
(v) Verification of Coverage — Consultant shall furnish the City with
original certificates and amendatory endorsements, or copies of the applicable insurance
language, effecting coverage required by the Contract. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to
obtain the required documents prior to the work beginning shall not waive the ConsultanYs
obligation to provide them. The City reserves the right to require complete, certified copies
of all required insurance policies, including endorsements, required by these
specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at: Certificates-miamibeach@riskworks.com
(vi) Special Risks or Circumstances — The City of Miami Beach
reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances.
(vii} Compliance with the foregoing requirements shall not relieve the
vendor of his liability and obligation under this section or under any other section of this
agreement.
29. Indemnification. 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 the Contract. The Consultant shall pay all claims and losses in connection
therewith and shall investigate all claims, suits, or actions of any kind or nature in the name of the
City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon. Consultant expressly understands and agrees that any
insurance protection required by the Contract or otherwise 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. Sums otherwise due to Consultant
by the City after any written assumption of the Contract by the City, may be retained by the City
until all of City's claims for indemnification under the Contract have been settled or otherwise
resolved. Any amount withheld pursuant to this subsection shall not be subject to payment of
interest by City. The indemnification obligations set forth in this Section 28 shall survive the
termination and/or expiration of the Contract.
30. Limitation of Liabilitv.
(i) Notwithstanding any other term or condition of the Contract,
Consultant hereby agrees that the City shall not be liable to Consultant for money
11
damages due to an alleged breach by the City of the Contract in an amount in excess of
the total amount of compensation/fees due to Consultant for all Services under this
Contract arising after the Effective Date, which amount shall be reduced by any amount(s)
actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or
elsewhere in the Contract, is in any way intended to be a waiver of the limitation placed
upon City's liability, as set forth in Section 768.28, Florida Statutes.
(ii) The Consultant agrees and recognizes that the City shall not be
held liable or responsible for any claims which may result from any negligent, reckless, or
intentionally wrongful actions, errors or omissions of the Consultant in which the City
participated either through review or concurrence of the Consultant's actions. In reviewing,
approving or rejecting any submissions by the Consultant, or other acts of the Consultant,
the City in no way assumes or shares any responsibility or liability of the Consultant
(including, without limitation any of ConsultanYs subconsultants and/or any other
registered professionals (architects and/or engineers) under the Contract).
31. Notices. Consultant shall deliver copies of all notices to the City in writing at the
following addresses:
Office of Capital Improvement Projects
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: David Gomez
With a copy to:
City Attorney's Office
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
With a copy to:
City Manager's Office
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
All written notices given to the Consultant from the City shail be addressed to:
CES Consultants, Inc.
880 SW 145th Avenue, Suite 106
Pembroke Pines, Florida 33027
Attn: Juan Alfonso, AIA, NCARB, RID, CCM
Email: ialfonso(a�cesconsult.com
With a copy to:
12
CES Consultants, Inc.
3150 SW 38th Ave, Suite 450
Miami, Florida 33146
Attn: Jose Caraballo, PE
Email: jcarabailoCc�cesconsult.com
With a copy to:
CES Consultants, Inc.
3150 SW 38th Ave, Suite 450
Miami, Florida 33146
Attn: Sergio Williams, PE
Email: swilliams(�cesconsult.com
32. Consultant's Compliance with Florida Public Records Law.
(i) Consultant shall comply with Florida Pubiic Records law under
Chapter 119, Florida Statutes, as may be amended from time to time.
(ii) The term "pubiic records" shall have the meaning set forth in
Section 119.011(12), which means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
(iii) Pursuant to Section 119.0701 of the Florida Statutes, if the
Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the
Consultant shall:
a. Keep and maintain public records required by the City to perform
the service;
b. Upon request from the City's custodian of public records, provide
the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes or as otherwise provided by law;
c. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract term and following completion of
the Contract if the Consultant does not transfer the records to the City;
d. Upon completion of the Contract, transfer, at no cost to the City, all
public records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Contract, the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Contract, the Consultant shall meet all applicable
13
requirements for retaining public records. All records stored electronicaliy must be
provided to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the City.
(iv) REQUEST FOR RECORDS; NONCOMPLIANCE.
a. A request to inspect or copy public records relating to the City's
contract for services must be made directly to the City. If the Ciry does not possess
the requested records, the City shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
b. Consultant's failure to comply with the City's request for records
shall constitute a breach of this Contract, and the City, at its sole discretion, may:
(1)unilaterally terminate the Contract; (2}avail itself of the remedies set forth under
the Contract; and/or(3)avail itself of any available remedies at law or in equity.
c. A Consultant who fails to provide the public records to the City
within a reasonable time may be subject to penalties under s. 119.10.
(v) CIVIL ACTION.
a. If a civil action is filed against a Consultant to compel production of
public records relating to the City's contract for services, the court shall assess and
award against the Consultant the reasonable costs of enforcernent, including
reasonable attorneys' fees, if:
1) The court determines that the Consultant unlawfully refused
to comply with the public records request within a reasonable time; and
2) At least 8 business days before fi(ing the action, the plaintiff
provided written notice of the public records request, including a statement that the
Consultant has not complied with the request, to the City and to the Consultant.
b. A notice complies with subparagraph (1)(b) if it is sent to the City's
custodian of public records and to the Consultant at the Consultant's address listed
on its contract with the City or to the ConsultanYs registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail,with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
c. A Consultant who complies with a public records request within 8
business days after the notice is sent is not liable for the reasonable costs of
enforcement.
(vi) IF THE CONSULTANT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, OR AS TO THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
14
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
33. Inspector General Audi# Rights.
(i) Pursuant to Section 2-256 of the Code of the City of Miami Beach,
the City has established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts, throughout
the duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
(ii) The Office of the Inspector General is authorized to investigate City
affairs and empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may include
a report concerning whether the project is on time, within budge#and in conformance with
the contract documents and applicable law. The Inspector General shall have the power
to audit, investigate, manitor, oversee, inspect and review operations, activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents
and employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract expenditures
to fund the activities and operations of the Office of Inspector General.
(iii) Upon ten (10) days written notice to the Consultant, the Consultant
shall make all requested records and documents available to the Inspector General for
inspection and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect and
review operations activities, performance and procurement process including but not
limited to project design, bid specifications, (bid/proposal) submittals, activities of the
Consultant its officers, agents and employees, lobbyists, City staff and elected officials to
ensure compliance with the contract documents and to detect fraud and corruption.
(iv) The Inspector General shall have the right to inspect and copy all
documents and records in the ConsultanYs possession, custody or control which in the
Inspector General's sole judgment, pertain to performance of the contract, including, but
not limited to original estimate files, change order estirnate files, worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction documents,
(bid/proposal) and contract documents, back-change documents, all documents and
records which involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personnel records and supporting documentation for the
aforesaid documents and records.
15
(v) The Consuitant shall make availabie at its office at all reasonable
times the records, materials, and other evidence regarding the acquisition (bid
preparation)and performance of this Contract,for examination, audit,or reproduction, until
three(3)years after final payment under this Contract or for any longer period required by
statute or by other clauses of this Contract. In addition:
a. If the Contract is completely or partially terminated, the Consultant
shall make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
b. The Consultant shall make available records relating to appeals or
to litigation or the settlement of claims arising under or relating to the Contract until
such appeals, litigation, or claims are finally resolved.
(vi) The provisions in this section shall apply to the Consultant, its
officers, agents, employees, subcontractors and suppliers. The Consultant shall
incorporate the provisions in this section in all subcontracts and all other agreements
executed by the Consultant in connection with the performance of the Contract.
(vii) Nothing in this section shall impair any independent right to the City
to conduct audits or investigative activities. The provisions of this section are neither
intended nor shall they be construed to impose any liability on the City by the Consultant
or third parties.
34. This Contract 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 Contract shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS CONTRACT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS CONTRACT.
35. Eaual Opportunitv Emplovment Goals. Consultant agrees that it will not �
discriminate against any employee or applicant for employment for work (including independent
contractors) under this Contract because of actual or perceived race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor
organization membership, familial situation, or political affiliation, and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment without
regard to actual or perceived race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
hair texture and/or hairstyle, domestic partner status, labor organization membership, familial
situation, or political affiliation.
36. Public Entitv Crimes Act. fn accordance with the Public Entity Crimes Act(Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not bid on leases of real
property to the City, may not be awarded or perfarm work as a contractor, supplier, subcontractor,
or subconsultant under a contract with the City, and may not transact business with the City in
16
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 this Contract without any
liability to City, and pursue debarment of Consultant.
37. No Continqent 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 Contract, 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 Contract. For the breach or violation of this subsection, City shall have the right
to terminate the Contract,without any liability or, at its discretion, to deduct from the contract price
(or otherwise recover)the full amount of such fee, commission, percentage, gift, or consideration.
38. Proiect Documents. In accordance with Section 119.071, Florida Statutes, 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 and s. 24(a),
Article I of the State Constitution. Information made exempt by Section 119.071, Florida Statutes,
with prior written approval frorn the City Manager, may be disclosed to another entity to perform
its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing
work on or related to the Project; or upon a showing of good cause before a court of competent
jurisdiction. The entities or persons receiving such information shall maintain the exempt status
of the information.
(i) In addition to the requirements in this Section 37, 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 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.
(ii) The Consultant and its subconsultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
(iii) Each set of the Project documents are to be numbered and the
tivhereabouts of the documents shall be tracked at all times.
(iv) A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
39. Corrections to Contract Documents. If applicable to the performance of the
Services, 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.
40. Assiqnment. The Consultant shall not assign, transfer or convey this Contract to
any other person, firm, association or corporation, in whole or in part, without the prior written
17
i
consent of the City Manager or his or her designee, which consent, if given at all, shall be at the
sole option and discretion of the City Manager.
41. E-Verify.
(i) To the extent that Consultant provides labor, supplies, or services
under this Contract, Consultant shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" ("E-Verify Statute"), as may be amended from time to
time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall
register with and use the E-Verify system to verify the work authorization status of all newly
hired employees during the term of the Contract. Additionally, Consultant shall expressly
require any subconsultant performing work or providing services pursuant to the Contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the subconsultant. If Consultant
enters into a contract with an approved subconsultant, the subconsultant must provide the
Consultant with an affidavit stating that the subconsultant does not employ, contract with,
or subcontract with an unauthorized alien. Consultant shall maintain a copy of such
affidavit for the duration of this Contract or such other extended period as may be required
under this Contract,
(ii) TERMINATION RIGHTS.
a. If the City has a good faith belief that Consultant has knowingly
violated Section 448.09(1), Florida Statutes, which prohibits any person from
knowingly employing, hiring, recruiting, or referring an alien who is not duly
authorized to work by the immigration laws or the Attorney General of the United
States, the City shall terminate this Contract with Consultant for cause, and the
City shall thereafter have or owe no further obligation or liability to Consultant.
b. If the City has a good faith belief that a subconsultant has knowingly
violated the foregoing Section (40)(ii)(a), but the Consultant otherwise complied
with such subsection, the City will promptly notify the Consultant and order the
Consultant to immediately terminate the contract with the
subconsultant. ConsultanYs failure to terminate a subconsultant shall be an event
of default under this Contract, entitling City to terminate this Contractfor cause.
c. A contract terminated under the foregoing Section 40(ii)(a)or(b) is
not in breach of contract and may not be considered as such.
d. The City or Consultant or a subconsultant may file an action with
the Circuit or County Court to challenge a termination under the foregoing Section
40(ii)(a)or(b) no later than 20 calendar days after the date on which the contract
was terminated.
e. If the City terminates this Contract with Consultant under the
foregoing Section 40{ii)(a), Consultant may not be awarded a public contract for at
least 1 year after the date of termination of this Contract.
f. Consultant is liable for any additional costs incurred by the City as
a result of the termination of this Contract under this Section 40.
18
42. Consultant's Compliance With Anti-Human Trafficking Laws. Consultant agrees to
comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has
executed the Anti-Human Trafficking Affidavit, containing the certification of compliance with anti-
human trafficking laws, as required by Sectian 787.06(13), Florida Statutes, a copy of which is
attached hereto as Exhibit 2.
43. Prohibition On Contracting With A Business Enqaqinq In A Bovcott. Consultant
warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as
defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City
Code, Consultant hereby certifies that Consultant is not currently engaged in, and for the duration
of this Contract, will not engage in a boycott of Israel.
44. Prohibition On Contractinq With An Individual Or Entitv Which Has Performed
Services For Compensation To A Candidate For Citv Elected Office. Consultant warrants and
represants that, within two (2) years prior to the Effective Date, Consultant has not received
compensation for services performed for a candidate for City elected office, as contemplated by
the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to
Section 2-379 of the City Code shall not applv to the following:
(i) Any individuat or entity that provides goods to a candidate for office.
(ii) Any individual or entity that provides services to a candidate for
office if those same services are regularly performed by the individual or entity in the
ordinary course of business for clients or customers other than candidates for office. This
includes, without limitation, banks, telephone or internet service providers, printing
companies, event venues, restaurants, caterers, transportation providers, and office
supply vendors.
(iii) Any individual or entity which performs licensed professional
services (including for example, legal or accounting services).
45. 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 Contract 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. It is further agreed that no modification, amendrnent 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.
19
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
• .,�;,-y,�: `� �;n�;� ! ` _ ,'1
t. �� '.�ia<.�1 • �.
ti q
��
Rafael E Grana , City Clerk Eric T. Carpente City Manager
�`��, j��-�'`i
_=�`� �s;��i
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Attest ; ��.tNCORP�ORAIED` � CES CONSULTANTS, INC.
:c�: ;
`�,�d..., .�.� :;��= 1
� ',;'��.�1..2�`_-_
�,,,,,,..,.. -�� - --
Signature/Secretary Sig t e/President
��// 'Q,/y� ' Juan Alfonso,AIA,NCARB, RID,CCM
Print me Print Name
APPROVED AS TO
FORM & LANGUAGE
8� FOR E UTION
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�� City Attomey �'�" Date
EXHIBIT 1
REVISED SCUPE
(to be attached)
EXHIBIT 1
City of Miami Beach
West Avenue Phase III
Scope of Services
August 28, 2025
Prepared By:
CONSULTANTS
3150 Southwest 38th Avenue, Suite 450
Miami, Florida 33146
Table of Contents
Project Understanding 3
Engineering Services/Disciplines 3
Engineering Design and Construction Tasks 6
Task 1. Project Coordination during Design 6
Task 2. Field Studies and Data Gathering 7
Task 3. Support to Stakeholder/Public involvement 8
Task 4. Restart/Redesign Submittal 8
Task 5. Harmonization 9
Task 6. Permit Set Submittal 11
Task 7. Permit applications 11
Task 8. Bid Services and Bid Set 12
Task 9. IFC Set 12
Task 10. Engineering Services during Construction 13
Task 11. Construction Management and Inspections 14
CONSULTAMTS
Project Understanding
At the request of the City of Miami Beach (City), CES Consultants (CES) is pleased to present this
proposal for the design and construction management of the West Ave Phase III project. This project
had previously been under design as a design build project through Ric-Man Construction Florida before
it was halted without being completed. At this time, the project is being restarted as a design bid build
project using those previously developed drawings as the base.
As this project is restarting after it was previously near completion, many of the design components
have already been approved in the drawings that have been submitted to the City. This set of drawings
and the associated approved design components will be referred to as the"Current Design".
In addition to taking the design to completion, CES will incorporate new design components outlined in
detail below.
CES shall be responsible for the design, permitting, and construction management of the West Avenue
Phase III Improvements South of 14th Street. CES will develop the following, Design Documents,
disciplines, studies, and reports to completion such that they are suitable for permitting and
construction. The scope for all design documents will include all necessary coordination with relevant
agencies and departments and acquisition of permits necessary for construction.
The general location of the work is as follows: West avenue from 8th Street to south of 14th Street; All
side streets west of Alton Road between 8th Street and 14th Street. Areas to be affected by the
proposed improvements include the entire area within the boundaries of Alton Road to the West
between the Collins Canal and 5th Street.
Engineering Services/Disciplines
All disciplines will be taken to completion from the Current Design. Any changes to the design are
outlined below. Unless otherwise stated below, any approved design components in the current design,
will be assumed to be approved in this stage of design and be carried over.
Utility Coordination
CES will complete utility research effort through the Submittal of Sunshine 811 design tickets and
obtaining all asbuilts and utility maps for the Project Area.This information will be compiled into a utility
conflict matrix to be used for conflict identification and relocation. This will include coordination and
conflict resolution with each utility owner which will then be incorporated into the design. This effort
was previously performed approximately 5 years ago up until the halt of the original contract. Any newly
installed utilities will be identified and relocations will be coordinated as necessary.
Roadway
The roadway design was brought to a "permit set" level of completion in the Current Design.This effort
will be aimed towards finalizing the drawings while incorporating the following design changes
requested by the City:
CONSU�TANTS
1. Intersections will be redesigned with split pedestrian ramps to be incorporated where feasible.
2. Medians will be raised where possible per request by Transportation department.
3. Reduce all lanes to 10 feet per request by Transportation department.
Stormwater Drainage
The Stormwater drainage plans were brought to a "permit set" level of completion in the Current
Design.This effort will be aimed towards finalizing the drawings while incorporating the following design
changes requested by the City:
1. As a result of the changes to the roadway layout, drainage structures will be relocated,
removed, or added as needed.
2. Since the project halt, DERM introduced new water quality requirements. CES will analyze the
current design and incorporate methods necessary to provide water quality to meet DERM
requirements if it is not already being met by the current design. Current methods will be
presented to DERM and documented that if they are suitable.
3. Water quality wells will be redesigned (structural) to a more universally performed construction
method. This will be identified during the Restart/Redesign submittal and approved by the City
before being finalized.
4. Plans will be revised as needed to accommodate changes in utilities discovered during the utility
coordination phase.
Sanitary Sewer
The Sanitary Sewer plans were permitted and brought to 100% level of completion in the Current
Design. This effort will be aimed towards finalizing the drawings while incorporating the following
revisions:
1. As a result of the changes to the roadway layout, structures will be reviewed for conflicts.
2. Plans will be revised as needed to accommodate changes in utilities discovered during the utility
coordination phase.
Water Main
The Water Main plans were permitted and brought to 100% level of completion in the Current Design.
This effort will be aimed towards finalizing the drawings while incorporating the following revisions:
1. Plans will be revised as needed to accommodate changes in utilities discovered during the utility
coordination phase.
Street Lighting
The Street lighting design was brought to a "permit set" level of completion in the Current Design. This
effort will be aimed towards finalizing the drawings while incorporating the following design changes
requested by the City:
1. Intersections will be redesigned with split pedestrian ramps incorporated where feasible. Any
modifications to street lighting will be modified as a result.
2. Modifications to cross walks, intersections, and signals per latest DTPW requirements will be
coordinated and street lighting will be modified as a result as necessary.
Pavement Marking and Signage
C�NSULT4NT5
The Pavement Marking design was brought to a "permit set" level of completion in the Current Design.
This effort will be aimed towards finalizing the drawings while incorporating the following design
changes requested by the City:
1. CES to implement latest Transportation & DTPW requirements and abide by the most recent
approved interlocal agency (ILA) agreement obtained during the West Ave Phase II design.
Should a variance request letter or operational analysis be required,then CES will be responsible
for generating, coordinating with city departments and obtaining the required
approval/execution.
2. Intersections will be redesigned with split pedestrian ramps incorporated where feasible. Any
modifications to crosswalks, stop bars, or other pavement markings and signage will be
modified as a result.
Landscaping and Irrigation
The Landscaping plans were brought to 100% level of completion in the Current Design. This effort will
be aimed towards finalizing the drawings while incorporating the following revisions:
1. Modifications to cross walks, intersections, and signals per latest DTPW requirements will be
coordinated and landscaping plans will be modified as a result as necessary.
2. Plans will be revised as needed to accommodate changes in utilities discovered during the utility
coordination phase.
A tree survey will be performed to identify changes in existing trees/landscaping since the original
project pause. Subsequently a disposition will be performed by an arborist to determine if the condition
of any trees has changed. Irrigation plans were not yet completed and will be fully designed and
finalized at this stage of design.
Signalization
The Signalization design was brought to a "permit set" level of completion in the Current Design. This
effort will be aimed towards finalizing the drawings while incorporating the following design changes
requested by the City:
1. Intersections will be redesigned with split pedestrian ramps incorporated where feasible. Any
modifications to signalization infrastructure will be modified as a result.
2. CES to implement latest Transportation & DTPW requirements and abide by the most recent
approved interlocal agency (ILA) agreement obtained during the West Ave Phase II design.
Should a variance request letter or operational analysis be required,then CES will be responsible
generating, coordinating with city departments and obtaining the required approval/execution.
3. LPI at intersections
4. Mast arms will no longer be black.They will be Grey.
Maintenance of Traffic& Pedestrian Maintenance of Traffic Criteria
The Maintenance of Traffic plans were brought to a "permit set" level of completion in the Current
Design. This effort will be aimed towards developing criteria for the maintenance of traffic and
pedestrian maintenance of traffic plans to be prepared by the contractor. CES will develop a write up of
the criteria based on meetings held during the design phase with various CMB agencies and staff. CES
will also hold a pre application meeting with all relevant permitting agencies including DTPW, FDOT, and
CMB Public Works ROW.
caNsoirnnrs
Harmonization
The Harmonization plans were approximately brought to a 60% level of completion in the Current
Design though it varied depending on individual property.This effort will be aimed towards finalizing the
drawings while incorporating the following design changes requested by the City:
1. As a result of the changes to the roadway layout, HA plans near intersections will be revised to
reflect the updated sidewalk and roadway conditions.
2. Meetings will be held with residents again (details of this effort is outlined below under task 5)
and comments will be incorporated into the design.
3. Due to the time that has passed since the previous meetings with residents, the coordination
effort associated with Harmonization agreements will be performed in full.
Narrative
CES will develop a narrative to be provided to bidders that will outline requirements during construction
as they relate to:
• Construction phasing
• Access requirements for property owners and residents
• Parking
• Outdoor seating by restaurants
OPCC and Construction Schedule
CES will develop a cost estimate of the project along with a construction schedule with each submittal.
Quantity take-offs for every discipline will be provided with the cost estimate. The cost estimate will
include contingencies based on design stage and allowances for escalation and contractor overhead and
profit.These cost estimates will follow standard AACE classifications.
Engineering Services during Construction
As the project never reached construction under the original contract,this effort in its entirety is needed
under this scope of work.
Engineering Design and Construction Tasks
Task 1. Project Coordination during Design
CES will provide project management and oversight for the duration of the project design, bid
phases, and engineering services during construction.This task includes project overall coordination
and oversight, development and review of project documents, maintenance of the project filling
systems for the project, execution and oversight of sub-CONSULTANT agreements, and update of
project schedule and deliverable list. CES will prepare project invoices and progress reports each
month.
Meetings
CONSULTANTS
Biweekly progress meetings will be held with the City's PM and additional City staff (optional) to
discuss project progress and open action items. At the request of the City, additional staff from the
CES TEAM will attend meetings on a case-by-case basis. Up to 18 progress meetings are expected
during the design phase and are to be attended by the CES TEAM project manager and up to two
additional CES TEAM members.
Deliverables
• Agenda and Meeting minutes of Biweekly progress meetings
• Project baseline schedule (MS Project) (electronic)
• Monthly updates to project schedule(electronic)
• Progress reports and invoice (electronic)
• Open action item list(biweekly updated) (electronic)
Task 2. Field Studies and Data Gathering
Task 2.1 Development of Topo�raphical and Location Survey
CES's Surveyor will complete the field work required to develop a site and topographic survey of the
project. The limits of the survey will be the entire PROJECT AREA from right-of-way to right-of-way and
into private properties for 50 feet from the ROW. This survey will include definition of project controls
and benchmarks (vertical and horizontal), location and elevation of above-ground elements (roads,
sidewalks, trees, fences, poles, manholes, vault and valve covers, on and above the ground (electrical
lines), and underground elements including integration of information obtained during the SUE
investigations. The trees identified in the right-of-way and adjacent private properties, will be surveyed
(location and chest-height diameter) and identified in a table. All trees greater than 3-inch diameter (at
chest height) or palms over 15-feet tall will be included in the survey. The survey will be submitted in a
georeferenced Civil 3D CADD drawing files.The survey will be signed and sealed by a Florida Professional
Land Surveyor, and will include:
• Above-ground features and structures
• All existing structures within the Right-of-Way(no legal boundary will be provided)
• Baseline control points and benchmarks
• finished floor elevation (FFE) of properties adjacent to the project area (to be
coordinated along with City to identify location of elevation)
• Elevations at entrances to residences and garages
. Trees(ID by number,then provide an electronic table with data)
• Existing gravity sanitary and storm inverts with ID numbers for each structure
• Integration of SUE information
• Location of geotechnical borings
• Survey into private properties 50 feet from the ROW line
Task 2.2 Tree Inventory and Arborist Report
CES will perform an assessment of the tree survey provided by the surveyor (correct identifications
and add descriptions, as needed) and then add a narrative and assessment on the health of the
surveyed trees as determined by a CES Certified Arborist. The deliverable would be a stand-alone
CONSL'ITAMTS
report that is typically required for the CITY. The goal is to understand the existing tree canopy
including species, health and size of individual trees, establish this baseline at the outset of the
project.
Deliverables
. Tree inventory and Arborist Report
• Coordination with the CITY Urban Forester regarding tree type and condition is
anticipated.
Task 3. Support to Stakeholder/Public involvement
Task 3.1 Support for the Development and implementation of the Public
Outreach Plan
CES will provide technical support to the CITY for and be involved in the development
and implementation of a public outreach plan and coordinate and facilitate project-
specific communication plan. CES will collaborate with the CITY and its Public
Information Team to identify communication touchpoints, tools, and methods, and
define a draft schedule for outreach activities. This plan will be used by the CITY to
implement the Public involvement and engagement. CES will attend meetings with
CITY's personnel, and key stakeholders, and develop informational materials for project
website (hosted by the CITY), postcards, newsletter(s) and/or fact sheet(s),
development of Frequently Asked Questions (FAQ), project overview video and
subsequent updates,and social media updates.
CES will support and be involved in up to 3 Public Meetings. These public will be held
during the design and pre-construction phases.
Task 3.2 Specialtv�roups
CES will provide technical support to the CITY for and be involved in the development
and implementation of a special outreach program with the goal of aligning and
communicating with the specialty groups within the area.
Task 4. Restart/Redesign Submittal
CES will revise the drawings as outlined in the revised design criteria above.
Meetings/Workshops
• One pre app meeting with each permitting agency and CMB department
• One technical workshop with CMB personnel
CONSUITANTS
• One pre application meeting with Design Review Board (DRB) and any follow up
presentation required by DRB order or comments
Deliverables
• Redesign/Restart Design Drawings and design reports
• Draft outline of technical specifications
• Engineer Opinion of Probable Cost (Class 4)
• Draft and Final Regulatory First Pre-Application Meeting Minutes
• All necessary materials for meetings with CMB personnel, public, and DRB
Task 4.1 Utilitv Coordination
Task 4.2 Roadway Restart/Redesign plans
Task 4.3 Stormwater Draina�e Restart/Redesi�n plans
Task 4.4 Water Quality Wells Restart/Redesi�n plans
Task 4.5 Sanitary Sewer Restart/Redesi�n plans
Task 4.6 Water Main Restart/Redesi�n plans
Task 4.7 Street li�htin� Restart/Redesi�n plans
Task 4.8 Pavement Markin�and Si�na�e Restart/Redesign plans
Task 4.9 Landscapin�and Irri�ation Restart/Redesign plans
Task 4.10 Si�nalization Restart/Redesi�n plans
Task 4.11 Maintenance of Traffic Restart/Redesi�n plans
Task 4.12 DRB materials and preapplication meeting
Task 4.13 Specifications
Task 4.14 Draft Narrative
Task 4.15 OPCC and Construction Schedule
Task 5. Harmonization
Task 5.1 Harmonization meetin�s and coordination
Following the reinitiation of the project, CES will begin attending HA meetings. CES
will attend up to 2 meetings (in person or virtual)with each property owner. Meetings
beyond those 2 are outlined in task 5.4. Meetings to be organized and scheduled by
CMB PIO. Meetings will be held every Tuesday and Thursday with one member from
the CES team being in attendance. CES will bring physical copies of the plans and
narrative for everyone in attendance. CES will develop and distribute notes following
the meeting document requests from the residents and any modifications to be made
to the plans. Additional staff will attend meetings on an as needed basis. Every Friday,
a virtual meeting will be held between CES and CMB PIO staff to review comments
received by property owners. Up to 3 CES members will be in attendance to these
COBSULT4NT5
meetings.
The general process to be followed is as follows
1. CES will complete the design and narrative for a property and submit it to
HML.
2. HML will develop the individual agreement including encroachment and
submit them to CES
3. CES will prepare the package including an encroachment package if necessary
and submit the complete package to HML
4. HML will send the package to the property owner and set up a meeting
5. CES and HML will attend the meeting
6. CES will document requests from the property owner or their intent to sign or
not and submit meeting minutes the following day to the team.
7. In the weekly meeting on Friday, the comments will be discussed and
incorporated as directed by the City.
8. CES will revise the plans and resubmit the package to HML
9. HML will send the package to the property owner and set up a second
meeting.
10. The property owner will sign the harmonization agreement and send it back
Outstanding circumstances
• 30-day letters: If at any stage, the property owner is unresponsive for one month, HML will
inform the City to gain consensus on whether a 30-day letter is warranted or not. Once agreed
upon between HML, CES, and the City, CES will prepare a 30-day letter and send it to the
property owner via certified mail. If the project has begun the bidding process, any unresponsive
residents will automatically receive a 30-day letter. In addition, if negotiations with a resident
extend such that the bidding process has begun and the resident is responsive, but a final
decision has not been made, they will automatically be sent a 30-day letter. If after the 30-day
period, the property owner has not signed the Harmonization Agreement, it will be treated as a
"Refusal to sign".
• Refusal to sign: If at any stage, the property owner has either indicated or through lack of
communication or commitment implied that they will not be signing the harmonization
agreement, CES will provide a proposal to redesign around the property. This redesign effort will
be covered by Contingency Funds.
• Contingency Funds: If any property requires a redesign, CES will propose Redesign for
properties that do not sign. Any effort performed that requires contingency funds will first be
agreed upon by both CES and the City. If both meetings with a property owner are held and
additional meetings are required, as agreed upon by the City and CES, additional meetings will
be covered by the contingency fee.This effort will be billed on a time and materials basis.
Harmonization meetings are expected to start after the completion of the design of the
first HA package.
Task 5.2 Harmonization Restart/Redesi�n plans
C�NS�lT4NT5
Task 6. Permit Set Submittal
CES will incorporate comments from CMB provided on the Restart/Redesign submittal and develop
a set of plans for each discipline suitable for permitting. The DRB presentation will be performed in
this stage.
Task 6.1 Roadway Permit Set Submittal
Task 6.2 Stormwater Permit Set Submittal
Task 6.3 Water Quality Wells Permit Set submittal
Task 6.4 Sanitary Sewer Permit Set Submitta)
Task 6.5 Water Main Permit Set Submittal
Task 6.6 Street Li�htin� Permit Set Submittal
Task 6.7 Pavement Markin�and Signa�e Permit Set Submittal
Task 6.8 Landscapin�and Irri�ation Permit Set Submittal
Task 6.9 Si�nalization Permit Set Submittal
Task 6.10 Maintenance of Traffic Permit Set Submittal
Task 6.11 DRB materials and presentation
Task 6.12 Harmonization Permit Set Submittal
Task 6.13 Narrative
Task 6.14 OPCC and Construction Schedule
Task 7. Permit applications
The approved permit set will be utilized for permit submittals. Drawings and specifications will be
re-issued as Permit Set and submitted to the Permit Agencies with corresponding applications
(submittal fees are not included in the scope). This effort includes meetings, RFI responses, and
comment responses and resubmitting as needed to secure the required permits. CES shall be
responsible for monitoring and tracking progress on the preparation and review of permits and
subsequent requests for information.This effort will include the following agencies or entities:
• City of Miami Beach
o Historic Preservation Board
o Design Review Board
o Building Department
o Right-of-Way
o Tree removal/relocation
• Florida Department of Transportation (FDOT)
• South Florida Water Management District(SFWMD) Environmental Resource Permit(ERP)
• Florida Department of Environmental Protection (FDEP), Miami-Dade County Department of
Regulatory and Economic Resources, Division of Environmental Resource Management
(RER-DERM)
o Class II Stormwater discharge Permit
o Water and Sewer Extensions
• Florida Department of Health (FDOH)
CUNSULTAMTS
• Miami-Dade County Department of Transportation and Public Works(DTPW)
o Traffic Signals and Signs Division (T55)
Note that this effort includes the procurement of permit extensions,whether existing or new.
Task 7.1 Roadway permit meetin�s/application/issuance
Task 7.2 Stormwater permit meetin�s/application/issuance
Task 7.3 Water Quality Wells permit meetings/application/issuance
Task 7.4 SanitarV Sewer permit meetin�s/application/issuance
Task 7.5 Water Main permit meetin�s/application/issuance
Task 7.6 Street Li�htin� permit meetings/application/issuance
Task 7.7 Pavement Markin�and Si�nage permit meetin�s/application/issuance
Task 7.8 Landscapin�and Irri�ation permit meetin�s/application/issuance
Task 7.9 Si�nalization permit meetings/application/issuance
Task 7.10 Maintenance of Traffic permit meetings/application/issuance
Task 8. Bid Services and Bid Set
CES will incorporate comments received from Agencies during the permitting process and develop a
Bid set. CES's project certification will be based on the Bid Set. CES will also provide the following bid
services during advertisement and bidding for this project:
• Assist the CITY with the preparation of a Request for Bid for the project
• Respond to Request for Information (RFI) submitted by bidders and assist with the
preparation of addenda during the advertisement period
• Prepare for and attend a Pre-Bid Conference with prospective bidders and present project
• Assist City during bid evaluation and certify bids
• Attend Pre-Bid site visit
• Attend Industry meetings
• Provide a recommendation of Award
Task 8.1 Bid Set
Task 8.2 Preparation of Request for Bid
Task 8.3 Respond to Request for Information (RF1)
Task 8.4 Pre-Bid Conference
Task 8.5 Bid evaluation
Task 8.6 Pre-Bid Site visit
Task 8.7 Provide recommendation of Award
Task 8.8 Narrative
Task 8.9 OPCC
Task 9. IFC Set
coNsuiranrs
CES will incorporate all comments and RFIs received during the Bid process and any new permitting
comments that may have arisen during that time.
Task 9.1 Roadway IFC Set
Task 9.2 Stormwater IFC Set
Task 9.3 Water Quality Wells IFC set
Task 9.4 Sanitary Sewer IFC Set
Task 9.5 Water Main IFC Set
Task 9.6 Street Lightin� IFC Set
Task 9.7 Pavement Markin�and Si�na�e IFC Set
Task 9.8 Landscapin�and Irri�ation IFC Set
Task 9.9 Si�nalization IFC Set
Task 9.10 Maintenance of Traffic IFC Set
Task 9.11 Harmonization IFC Set
Task 9.12 Narrative
Task 10. Engineering Services during Construction
Attend one (1) Meeting with awarded contractor to discuss scope of work, provide design plans, permits
and any additional documentation required for construction. Shop drawing review provides CES with the
opportunity to carefully review the essential elements of the works. The Contractor will ensure that the
shop drawings comply with the contract documents and are coordinated with associated items of work.
CES may ensure that each submission is received early enough to allow review and approval before the
work begins, and to accommodate construction progress.
If a change is needed, any member of the project team can initiate a Change Order Proposal (COP) and
submit it to CES. CES will review the COP upon receipt to evaluate and intelligently analyze the
Contractor's quotation, to keep the project on schedule, and to maintain relationships. CES will discuss
its evaluation with and receive guidance from the CITY to negotiate a fair and reasonable CO with the
Contractor. After CES and the Contractor reach an agreement, CES will submit the CO to the CITY for
approval. CES will never authorize the Contractor to proceed with any change without first obtaining
CITY approval. During the project,the Contractor may have questions about various technical issues.The
Contractor may use the Request for Information (RFI)form to formally submit such questions to the CITY
to then be routed to CES. CES will respond (usually within 5 days after RFI is received by CES), in writing,
to such formally submitted questions, depending on the urgency of the request. CES will send such
responses to the Contractor and the CITY. CES will track all RFIs in CMB E-builder
At the Contractor's request, CES may be required to:
• Interpret and render, sometimes in writing, recommendations, or opinions on the
requirements of the contract documents.
• Instruct the Contractor on behalf of the CITY and prepare supplementary drawings or
instructions needed to accomplish the work of the contract documents.
• Assist the Contractor with the preparation or development of Change Orders for
approval and execution.
CONSULTANTS
• Assist and/or support the CITY with resolution of any disputes and claims that occur
with the Contractor.
• CES will attend site visits as required, pressure and respond to a specific RFI's.
CES will review pressure tests and procedures and support the CITY on substantial completion, As-builts
and complete certification package.The CITY shall coordinate with the CES TEAM on pressure tests date,
provide testing report documents and certification package information. Coordination required for
certification (i.e site visits and meetings by the Discipline EOR) is included in this effort to be performed
by a combination of a project engineer under the EOR and the EOR directly. Assumption of effort is
based on an estimated 30 month construction duration.
Task 10.1 Pre-Construction Meetin�
Task 10.2 Review Shop Drawings
Task 10.3 Review and Recommend for Approval of Chan�e Order Requests
Task 10.4 Respond to Request for Information (RFI), Interpretation of the
Contract Documents, and Other Requirements Durin�Construction
Task 10.5 As-builts and Certifications
Task 11. Construction Management and Inspections
1. CES will administer the construction contract and monitor and inspect the work performed by
the contractor such that the project is constructed in a reasonable conformity with the plans,
specifications, and special provisions of the construction contract.
2. Resident Engineering Services - Coordinate the Construction Contract administration activities
of all parties other than the Contractor involved in completing the construction project.
Services shall include maintaining the required surveillance of Contractor activities, interpreting
plans, specifications, and special provisions for the Construction Contract. Maintain complete,
accurate records of all activities and events relating to the Project and properly document all
project changes.The following services shall be performed:
a) General Coordination:The Consultant shall communicate daily or periodically with the City,
the Design Consultant, and Contractor, as needed,They shall report on concerns related to
the construction effort and activities. In addition, the Consultant shall also coordinate with
the Public Information Offices (PIO) where notifications such as utility outages, road
closures, etc., may be required.The Consultant shall monitor and verify that the Contractor
has made the required notifications to the utility owners, residents, and businesses as may
be necessary.
b) Estimating Services: Provide accurate cost estimates and schedules to avoid cost overruns
and schedule slips. Prepare cost estimates and schedules by helping manage resources and
supporting assessment and decision-making. Services may encompass a wide range of cost-
related aspects of engineering and program management, particularly cost estimating, cost
analysis/cost assessment, design-to-cost, schedule analysis/planning, and risk assessment.
c) Value Engineering Meetings: CES shall be expected to attend, participate, and nrovide cost
estimating information at Value Engineering meetings between the City, and the
Contractor for the Project.
CUNSULTANTS
d) Resident's Information Meetings: The Consultant shall be expected to attend, address
residents' concerns, participate, produce meeting minutes, and take a lead role in Resident
information Meetings with the City for the Project.
e) Preconstruction Meetings:The Consultant shall be expected to attend, participate, produce
meeting minutes and take a lead role in Pre-Construction Meetings with the City, Design
Consultant, and Contractor for the Project. The Pre-construction Meeting shall be
scheduled once the City issues de first Notice-to-Proceed to the Contractor.
f) Weekly Construction Progress Meetings: The Consultant shall attend, participate and lake a
lead role in weekly construction project meetings with the City, PIO, Design Consultant, and
Contractor on the Project. These meetings shall serre as forums to review the status of
construction progress, discuss construction issues, schedule and/or cost concerns, and
potential changes or conflicts, review the status of shop drawing submittals and
Construction Document clarifications and interpretations and resolve problems before they
become critical. Consultant shall prepare weekly meeting minutes and distribute to all
meeting attendees, review the two- week look ahead provided by the Contractor and
provide comments or objections to written statements within the specified timeframe.The
Consultant shall prepare detailed weekly reports that describe the construction activities,
progress, incidents, and issues that have occurred on the construction site and distribute
them to the attendees in advance of the weekly construction progress Meetings.
g) Field Observations: CES shall conduct field observations daily throughout the duration of
construction. CES shall be present at the construction site daily during the Project's
construction phase and shall be expected to be available, as needed, throughout the
Contractors workday.
h) Environment and Sustainability:
• Stormwater Permit - Verify that the Contractor conduct inspections, prepares
reports, and monitors all stormwater pollution prevention measures associated
with the Project. For each project that requires the use of the National Pollutant
Discharge Elimination System (NPDES) General Permit, the inspector (at least
one) should have completed the *Florida Stormwater, Erosion, and
Sedimentation Control Training and Certification Program for Inspectors and
Contractors." The Consultant's inspector shall be familiar with the requirements
outlined in de FEDERAL REGISTER, Vol. 87, No. 15, Monday, January 24, 2022,
pages 3522 to 3532 'National Pollutant Discharge Elimination System (NPDES)
2022 issuance of General Permit for Stormwater Discharges From Construction
Activities" and 62-621.300 F.A.C. The City's regulations for sediment and erosion
control and pollution prevention must be followed regardless of NPDES General
Permit status(See Citv of Miami Beach Municioal Code. Chaoter 46. Article Xl.
• Construction and Demolition Debris Management - The consultant shall help
ensure proper construction and demolition (C&D)debris management.
i) Specialty Design Consultant Site Visits: The Consultant shall monitor the number of
specialty site visits requested by the Contractor or City and conducted by the Design
Consultant. When it becomes evident that a specialty site visit from the design Engineer of
Record (EOR) shall be required, the Consultant shall notify the EOR to discuss and schedule
a mutually acceptable time for meeting at the construction site.
j) Daily Reports: The Consultant shall prepare daily reports on the same date as construction
occurs to record the daily performance of the Contractor as well as other significant
caNsuttanrs
construction- related matters. The Consultant shall upload daily reports to e-Builder, the
City's document management system. At the end of each day or the beginning of the
following day, the Consultant shall forward the original daily reports to the City for review.
The Consultant shall maintain and electronically file of the daily reports for reference. The
daily reports shall include records of when the Contractor is on the job-site, general fielc�
observations, weather conditions, change orders, changed conditions, list of job site
visitors, daily drilling and testing activities, testing results,testing observations, and records
of the outcome of tests and inspections. At a minimum, the daily reports shall contain the
following information:
• weather and general site conditions and document weather delays
• Contractor's workforce counts by category and hours worked
• Description of Work performed, including location
• Equipment utilized
• Names of visitors to the jobsite and reason for the visit
• Tests made and results
• Construction difficulties encountered and remedial measures taken
• Significant delays encountered and apparent reasons why
• Description of(potential)disputes between the Contractor and City
• Description of(potential) disputes between the Contractor and residents
• Summary of additional directions that may have been given to the Contractor
• Detailed record of materials,equipment, and labor used in connection with extra
work, or where there is reason to suspect that the Contractor may submit a
claim or request for Change Order
• Summary of any substantive discussions held with the Contractor and/or City
• Summary of nonconforming work referenced to corresponding Non-Compliance
Notice
• A log of photographs taken
k) Photographic Record: Consultant shall provide a photographic record of the overall
construction progress, beginning with pre-construction conditions documentation,
following with ongoing construction documentation, and ending with post-construction
documentation. Photographs shall be digital snapshot type taken to define the progress of
the Project and shall be filed electronically by month in e-Builders, the City's document
management system, labeled by date, time, and location. The Consultant shall upload all
photos to the e-Builder" document management system on a weekly basis.
I) Adherence to Construction Documents: The Consultant shall review materials and
workmanship of the projects and report to the City any deviations from the Construction
Documents that may come to the Consultants attention. Consultant shall determine the
acceptability of the work and materials and, in concert with the Design Consultant (as
necessary), make recommendations to the City to reject items not meeting the
requirements of the Construction Documents.
m) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite,
the Consultant shall check the material's certifications and samples and verify that an
approved shop drawing was submitted for the material in question. If it is determined that
a submittal has not been approved, the Consultant shall immediately notify the City and
contractor and issue a Non-Compliance Notice. In conjunction with the Design Consultant
(as necessary), the Consultant shall direct and supervise the sampling and testing of
CONSULTANiS
materials performed by the City's independent testing laboratory. The Consultant shall
maintain test report logs which shall be submitted to the City for review and uploaded to e-
Builder, the City's document management system, on a weekly basis. Consultant shall also
review invoices submitted by the independent testing laboratories and recommend
payment by the City.
n) Shop Drawing Submittals:The Consultant shall have seven (7)days to review shop drawings
and product approvals throughout the construction period for familiarity prior to delivery
of materials. Consultant shall verify that the Contractor maintains a submittal log, conducts
timely submittals, and uploads approved shop drawings to e-Builder", the City's document
management system.
o) Issuance of Non-compliance Notices: The Consultant shall be responsible for notifying the
Contractor and copy the City when they become aware of a condition that is believed to be
in non-compliance with Construction Document. Anytime the Consultant notices a
potential construction problem or a condition that could result in non-complying materials,
equipment, or workmanship, the Consultant will need to determine whether the condition
poses an immediate threat to public health or safety.
• If a condition does not pose a threat to public health or safety, immediate
written notification or"Pre-Noncompliance Notice" of the potential non-
Compliance should be made to the Contractor and the City.This written notice
shall be documented in the Consultant's daily report, as well as an email to the
Contractor with a copy to the City's Project Coordinator advising the Contractor
of potential construction problems, errors,or deficiencies that can be promptly
resolved and do not warrant a Non-compliance Notice. If the Contractor fails to
respond to the written notification within a reasonable timeframe,the
Consultant shall notify the City and the City's Projects Coordinator and shall issue
a written Non-compliance Notice.
• If a condition poses an immediate threat to public health or safety,the
Consultant shall notify the Contractor and City immediately, and the City's
Projects Coordinator shall issue a Non-compliance Notice to the Contractor.
Non-compliance Notice shall include a description of the Work that does not
meet the construction contact requirements, along with a required timetable for
corrective work to be implemented by the Contractor. Other items that should
be included in the Notice include a reference to the provision of de Construction
Documents that have been violated.
p) Damage to Existing Facilities: The Consultant shall identify any existing facilities damaged
by be Contractor and verify that the Contractor has notified the respective owner(s). The
Consultant shall include a record of such occurrences in the daily reports.
q) Change Orders: Consultant shall perform an independent review of any Change Orders
submitted by the Contractor and provide a written statement noting recommendation for
approval or denial of the Change Order to the City. If recommended for approval, the
Consultant shall note if the requested cost and schedule impacts are fair and reasonable.
The Consultant shall be responsible for maintaining a Change Order log and uploading
approved Change Orders to e-Builder", the City's document management system. The
Consultant shall also participate in change request review meetings with City and
Contractor to resolve and/or negotiate the equitable resolution of request.
CONSUIiANTS
r) Requests for Information/Construction Document Clarification (RFIs/CDCs): When RFIs and
CDCs involve design issue interpretations, the Consultant shall coordinate with the Design
Consultant, as needed, to resolve the Contractor's Request for Information, Construction
Document Clarifications, Field Orders, and other related correspondence. The Consultant
shall also be responsible for verifying that the Design Consultant is providing a written
response to RFIs and CDCs in a timely manner and for processing, logging, and distributing
all RFis/CDCs. Consultant shall have seven (7) calendar days to review and upload all RFI
and CDC responses to e-Builder",the City's document management system.
s) Schedule: Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s),
updates, as-built, etc.) for compliance with the contract documents. Elements including,
but not limited to, completeness, logic, durations, activity, flow, milestone dates,
concurrency, resource allotment, and delays shall be reviewed. Verify the schedule
conforms with the construction phasing and MOT sequences, including all contract
modifications, Provide a written review of the schedule identifying significant omissions,
improbable or unreasonable activity durations, errors in logic, and any other concerns as
detailed in the contract documents.
t) Pay Requisitions: Consultant shall verify Contractor's pay requisition quantities and sign-off
on all pay requisition quantities in the field. Consultant shall be responsible for reviewing
with the Contractor the month payment requisition to confirm the status of completed and
uncompleted work and stored materials. The Consultant shall advise the City of quantities
being approved for subsequent concurrence for payment purposes.The review of payment
requisitions shall not exceed seven (7) calendar days,and only be approved by the City.
u) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating
various test for quality control on the projects; verifying that equipment tests and systems
start- up are conducted in the presence of appropriate personnel; and that the Contractor
is maintaining adequate records thereof. Consultant shall observe, record, and report
appropriate details relative to the test procedures and start-up.
v) Record Drawings: Consultant shall monitor that record drawing mark-ups are properly
maintained by the Contractor.The Consultant shall review the record drawing mark-ups as
deemed necessary by the City. Contractors failure to maintain the record drawings in up-
to-date condition may be deemed grounds for withholding Contractor's monthly payment
requisitions until the record drawings are brought up to date. The Consultant shall notify
the City if it considers the mark-up documents insufficient. The City shall make the final
determination of payment withholding.
w) Safety: Consultants shall be expected to recognize a hazard that any reasonable non-safety
professional might be expected to recognize. Consultant shall be OSHA certified. In
addition, those safety obligations extend only to recognizable hazards that the Consultant
may note while in the normal conduct of onsite business. If a situation presents itself, the
following procedures should be followed:
• Immediately direct personnel to remove themselves from the apparent danger.
• Notify the Contractor's superintendent of the apparent condition that caused
the concern and that the affected personnel was directed to remove themselves
accordingly.
• Notify the Contractor of the situation that arises concern, both in writing and
verbally.
CONSULTAHTS
• Issue a written Notice of Noncompliance stating that the Contractor should take
immediate action as it deems necessary to correct the deficiency/condition.
• Write a full report in the Daily Report on the condition found to be unsafe, all
actions taken, and correspondence written, including times and names.
• Take photographs of the concern.
• If the Contractor does not make corrections, the Consultant should notify the
City.
• The Consultant shall review the situation with the City for further direction,
• The condition and all conversations and correspondence shall be recorded in the
Consultant's Daily Report.
• In the case of a construction-related accident, Consultant shall notify the City of
the accident. Consultant shall direct the Contractor to prepare an accident report
with a copy forwarded to the City.
x) Quality Control: The Consultant shall review and monitor the Contractor's adherence to an
acceptable quality control program submitted by the Contractor prior to the issuance of
the second Notice-to-Proceed by the City. This program shall describe the Contractor's
quality control, organizational procedures, documentation controls, and processes for each
phase of the work. Quality control during construction shall be the Contractor's
responsibility; Power, oversight and ensuring the Contractor complies with applicable
jurisdictional construction standards shall be enforced on the City's behalf by the
Consultant.
y) Proceeding with Disputed Work: In the event that an agreement cannot be reached on a
Change Order, the Contractor must adhere to contract terms relating to schedule and
directive to proceed for disputed or forced work. The Consultant shall log all forced work
efforts elated to disputed change order on a Forced Work Daily Log Reports, which shall be
signed and dated by the Consultant and the Contractors representative at the completion
of each workday. The Consultant shall forward copies of this form to the City for record
purposes.
z) Maintenance of Traffic (MOT): The Contractor shall provide the Consultant, City, and
Design Consultant with approved copies of its MOT at the Pre-Construction Meeting for
general information purposes. It shall be the Consultant's responsibility to verify
compliance with MOT in the field.
aa) Contractor Request for Services: When the Contractor requires services from the City for
issues such as water main shutdowns, tie-ins to existing water mains, special regulatory
inspections, etc., a request shall be made in writing by the Contractor and forwarded by the
Consultant to the City, a minimum of three working days prior to when required.
bb) substantial Completion: When the Contractor considers that the Work has reached
Substantial Completion,the Contractor shall notify the Consultant,who shall verify that the
work has progressed to the Substantial Completion point in accordance with the
Construction Documents. If the Consultant agrees, the Consultant shall contact the City to
agree on a schedule for conducting a Substantial Completion "walk-through' inspection of
the Work. Consultant shall attend and participate in the Substantial Completion "walk-
through," perform a Substantial Completion inspection with the Contractor, Design
Consultant, and the City, and prepare a master punch list that describes items remaining to
be completed. This master punch list shall be attached to the certificate of Substantial
Completion.
caHsutrnNrs
cc) Final Completion and Project Closeout: When the Contractor consider that the Work has
reached Final Completion, the Contractor shall notify the Consultant, who shall verify that
the work has progressed to the Final Completion point in accordance with the Construction
Documents. If the Consultant agrees, the Consultant shall contact the City to agree on a
schedule for conducting a Final Completion Talk-through" inspection of the Work.
Consultant shall attend and participate in the Final Completion "walk-through' and perform
a Final Completion inspection with the Contractor, Design Consultant, and the City. If the
work is determined to be incomplete, the Consultant and other attendees shall each
develop a punch list of items requiring completion or correction prior to consideration of
final acceptance of each project which shall be forwarded to the Contractor by the
Consultant for the Project. Consultant shall complete all necessary close-out and
construction completion efforts and documentation in coordination with the City for the
Project. The Consultant shall work with the EOR and the Contractor, as necessary, to
ascertain materials required for the closeout binder, as required by the City,and review the
Operation and Maintenance manuals and, As-Built Drawings for each project for
completeness prior to providing documentation to the City. Once all parties determine the
work is complete and the Contractor has delivered all close-out documentation to the City,
the Consultant shall prepare a Final Certificate for Payment. The Consultant shall be
responsible for providing final certifications based on the entire scope of work for the
Project.
3. Provide qualified personnel necessary to carry out its responsibilities efficiently and effectively
under this Agreement.The personnel shall be qualified by experience and education.Submit in
writing to the City for review and approval the names of personnel proposed for assignment to
the Project, including a detailed resume for each.The City reserves the right to have
Consultant's personnel removed and substituted from the Project if the employee's conduct or
performance is detrimental to the Project.The City reserves the right to request periodic
rotation of field personnel.
4. The Consultant shall furnish the City with a Quality Assurance (QA) Plan within 15 calendar
days after the award of this agreement.The QA Plan shall detail the procedures,evaluation
criteria, and Instructions of the Consultant's organization for providing services pursuant to this
Agreement.Significant changes to the work requirements may require the Consultant to revise
the QA Plan.The consultant shall be responsible for keeping the plan current with the work
requirements.The Plan shall include, but not be limited to:
a) Consultant's QA Organization and its functional relationship to the part of the organization
performing the work under the Agreement. The authority, responsibility, and autonomy of
the 4A organization shall be detailed as well as the names and qualifications of personnel
in the quality control organization.
b) Methods used to monitor and achieve organization compliance with Agreement
requirements for services and products.
c) Outline the types of records which shall be generated and maintained during the execution
of the QA program.
d) Methods used to control subconsultant and vendor quality.
e) An officer of the Consultant firm shall certify that the inspection and documentation were
done according to specifications, plans,City standards,and City procedures.
f) Maintain adequate records of the quality assurance actions performed by the organization
(including subcontractors and vendors) in providing services and products under this
CONSULT4NTS
Agreement. All records shall indicate the nature and number of observations made, the
number and type of deficiencies found, and the corrective actions taken.
5. Provide assistance in preparing for arbitration hearings or litigation during the Agreement time
in connection with the construction project covered by this Agreement.
6. Provide qualified engineering witnesses and exhibit for arbitration hearings or litigation in
connection with the Agreement.
7. Provide services determined necessary for the successful completion and closure of the
Construction Contract.
8. Provide Post construction claims review — The Consultant shall analyze the claim, engage in
negotiations leading to settlement of the claim, and prepare and process the required
documentation to close out the claim.
9. The Consultant may be asked to provide all or some construction engineering and inspection
services, including inspectors, construction managers, and/or construction administration staff
for City Right-of-Way construction projects.
Assumptions
• The construction is estimated to take 30 months and all determinations of scope and fee
for this service use that duration.
• This effort will be billed on a monthly basis for the amount of $43,971.98 upon the
notice to proceed of construction which is based on the following three roles working
on this project for the associated times based on the tasks and effort outlined above
o Project Manager working 10 hours per week
o Project Engineer working 20 hours per week
o Inspector working 40 hours per week
• If the effort deviates from this assumption either through modification of tasks or over
time work,this fee may need to be revised.
Task 11.1 Inspections
CES will have a full-time inspector on site for the construction duration performing the
duties outlined in the scope of work above. Construction duration for this task is
estimated at 30 months.
Task 11.2 Construction Mana�ement
CES will have a Construction manager and administrative assistant performing the
duties outlined in the scope of work above. Construction duration for this task is
estimated at 30 months.
CONSUITANiS
Compensation
Total compensation for the scope of work in this proposal is $3,396,680.55. For a detailed breakdown,
see attached overall fee breakdown.
Overall Assumptions
• This scope of work includes only the elements defined in this document. Change or
modifications to the elements included will require a Change Order to the Work Order.
• Project will be designed based on standards, laws, and codes in effect at the time of
notice to proceed (NTP)
• Project will follow the 2016 CMB requirements per the date of the issuance of the
original contract. Any requirements from other agencies that override these
requirements may still need to be met.
• In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total
construction cost or schedule. These changes are not the responsibility of the CES
TEAM.
• It is assumed that there will be no wetland impacts requiring wetland ERP consideration
and a Class I permit from RER may be required. It is further assumed that the contractor
will obtain the needed NPDES construction general permit.
• The CES TEAM shall at no time take title, risk of loss or ownership of the hazardous
materials or wastes. Client recognizes that The CES TEAM assumes no risk and/or
liability for hazardous materials encountered while performing any services associated
with such hazardous waste.
• The City will be responsible for the payment of all Permit Fees for all Agencies
associated with the Permitting process of this project. The CES TEAM will define permit
fee and transmit to the City for payment by the City prior to submittal.
• No field archeology evaluations are included.
• All deliverables will be submitted in electronic format.
• RER will not require a tree permit or tree mitigation.
• The project will be bid as one project with all plans and specifications incorporated into
one set of contract documents.
• Any contingency fees not used will be returned to the City
OVERALL FEE BREAKDOWN
CESConsWtants Surveyor SavinoMiller GreenDatle Total
� ProJectCoortllnatlontluringDesign
1.1 Project Management antl progress meetings $ 39.839.88 $ - E � E -
Y
N
CO
� SubTalal S 39,839.88 E S S S 39,839.88
N FIeldStudlesandDataGathenng
2.1 Developmentof5uhsurfaceUtilityEngineering�SUE) $ 18,245.80 $SOfi,410.6fi $ 4,204.00
Y 2.2 Developmen[ofTopographicalantlLor.atinn5urvey $ 23,029.88 $145,220.00 E 2.000.00 E 4,200.00
N
(� 2.4 7reelnventoryantlArboristRepon $ 6,192.31 $
� Subtotal E 47,467.99 E 251,f
M SupporttoStakeholder/Pu611clnvolvement,InformationGathering,andConsensus-Bullding
y3.1 SupportforthedevelopmentantlimplementationofthePublicOutreachPlan $ 21,773.81 $ C ���
� 3.2 Supportthe0utreachandCoortlinationwith5peclalrygroups $ 30,253.d6 $
� TaskSubTotal E 52,027.26 S ±�e�,�.� {�
Restart/Redesign Submlttal \ \ ��,\ �J`��-�1.._.1,/�
4.1 UtiliryCoordlnatlon $ 39,377.74 $ �
4.2 RoadwayRes[art/Redesignplans $ 113,473.08 $
4.3 Stormwater Drainage ReStarVRedesign plans $ 31,260.82 $
4.4 WaterQualiryWellsReStarVRedesignplan5 $ 68,151.55 $
4.5 SanitarySewer Restart/Redesign plans $ 19,994.96 $
4.6 Wa[erMainPes�art/Retlesignplans 5 19,994.96 $
4.7 S[reetlightingRes[art/Retlesignplans $ 8.002.79 $
4.8 PaVemenlMarkingantl$ignageRes[art/0.etlesignplans $ 3B,669.53 $
4.9 LandscapingandlrrigationRes[art/Redesignplans $ 8,oa2.79 $
4.10 Signaliza[ion RestarVRedesign plans $ 8,002.79 a
4.11 MalntenanceofTrafflcRestart/Redesignplans $ 18,242.00 $
� 4.12 DRBma[erialsandpreappllcatlonmeeting $ 23,333.54 $
4.13 Specliicatlons $ 26,300.26 $
Y 4.14 Dratt Narrative $ 19,042.00 $ � �
H
� 4.15 OPCCandConStruction5chedule $ 14,943.79 $
� SubTatal E 456,591.59 S
Harmonizatfon
� 5.1 HarmonizalionRestan/Redeslgnplans y 106,891.01 $
y5.2 Harmonizaiion meeiings and coordlnation $ 104,554.95 $
(4 Sublotal 5 211,465.% S
�
Permit Set Suhmittal
6.1 Roadway Permi�Se�plans $ 30,490.16 $ - 5 - E -
6.2 Stormwater Drainage Permit Set plans $ 9,937.10 5 - 5 - $ -
6.3 WaterQuallryWellSPermitSetplans $ 19,583.82 $ - a - $ 3,000.00
6.4 Sanl[ary5ewerPermit5etplans $ 6,696.60 $ - $ - E -
6.5 Water Main Permit$et plans $ 6,696.60 $ - S - $ �
6.6 StreetlighlingPermit5etplan5 $ 3,698.55 $ - $ - a 8,000.00
6.7 PavementMarkingand5ignagePermltSetDlans $ 11,739.28 $ - $ - E -
6.8 LantlscapingantllrrigationPermrtSetplans $ 3,698.55 $ - ,� 16,000.00 S -
6.9 Signaliza[ion Permit Set plans $ 3,698.55 $ - $ - y 12,000.00
6.1 Main�enanceo�Traf�icPermitSetplans $ 6,682.39 $ - $ - $ -
6.11 DRBmaterialsantlPresentation $ 13,42fi.40 $ - $ - � -
� 6.12 Specilications $ 10,772.92 $ - $ - $ 2,ao0.o0
� 6.13 Drah Narrauve $ 6,882.39 $ - S - $ -
y 6.14 OPCC antl Cons[ructlon Schedule $ 8.471,89 $ - $ � $
R
� Subiotal E 162,d75.22 S - S I6,000.00 { 25,000.00 S 183,47512
PermitAppUcatlons
71 RoadwayPermi�meetings/appGcatioNissuance $ 11,719.04 $ - S - $ -
7.2 SrormwalerPermi[meetings/applicatlon/Issuance $ 11,719.04 $ - y - $ -
7.3 WaterQuallryWellsPermi[meetings/appUcatioNlssuance $ 11,719.04 $ � $ � $ 2,200.00
7.4 SanitarySewerPermitmeetings/applicatioNissuance $ 8,565.85 $ - E - S -
7.5 WaterMalnPermitmeetings/applica[ian/issuance $ 8,565.85 $ - $ - E -
7.6 StreetLightingPermitmeetings/application/issuance $ 9,202.12 $ - $ - $ 5,000.00
^ 7.7 PavementMarkingandSlgnagePermitmeetings/appllcation/issuance $ 11,719.64 $ - � - � -
7.8 LantlscapingandlrrigationPermitmeetings/appllcation/issuance S 11,719.64 $ - y s,00a.00 y -
y7.9 Signalization Permit meetings/applicatlon/issuance $ 9,902.12 $ - E - $ 13,000.00
� 7.10 main[enanceolTratticPermitmeetings $ 9,296.44 $ - $ - $ -
� SubTotal E 104,127.60 S - S 6,000.00 S �0,700.00 S 130,327.60
Bitl Services antl BIJ Set
e.l BidSet $ 25,698.94 $ - $ - $ -
8.2 PreparationofRequestforBid $ 6,388.02 $ - $ - $ -
8.3 Respona Io Repues�for Infanna[ion(RFI) $ 12,991.56 $ - $ - $ -
8.4 Pre-BidConference $ 3,247.63 $ - $ - $ -
8.5 BidEvaluation 3 8,291.87 $ - E - $ -
e.fi Pre-BidSitevlsit $ 3,247.63 $ - $ - $ -
� 8.7 Provitlerecommentla[ionofawartl $ 5,863.79 S - E � E -
Y 8.8 Narrative E 9,296.44 $ - $ - $ -
N
� 8.9 OPCC $ 10,243.79 $ - $ - $ -
� SubTotal 5 87,249.67 § _ - { - S 87,2d9.67
IFC Set
9.1 RoadwaylFCSe[ $ 4,070.fi8 $ - $ - $ -
9.2 S[ormwater Drainage IFC Set $ 4,070.68 $ - � - $ -
9.3 Wa[erQualiryWellslFCSet $ 4,U70.68 $ - $ - $ 1,700.00
9A Sanitary5ewer IFCSe[ a 4,070.68 $ - $ - $ -
9.5 WaterMalnlFCSet $ 2,253.76 $ - S � $ -
9.6 S[reetlighting IFCSet $ 4,D70.68 $ - $ - $ 3,000.00
9.7 PavementMarkingand5ignagelFCSet $ 2,253.76 $ - y � $ -
9.8 Landsca0ingandlrrigation IFCSet $ 2,253.76 $ - .� 6,000.�� $ -
9.9 Signalization IFCSet $ 4,070.68 $ - � - � 2,500.00
� 9.1 MaintenanceolTraffic IFCSet $ 4,070.68 $ - $ - $ -
Y s.n Harmonaa�ioniFcse� S a,o�o.se E - S - 5 -
N
(� 9.12 Narrative $ 4,070.68 $ - $ - $ -
� SubTotal S 43.397.39 E S 6,000.00 S 7.700.00 S 56,597.39
Engineering Services Auring Construction
10.1 Pre-Cons�ructionMeeting $ 3,247.63 $ - $ 1,000.00 � 1,000.00
30.2 ReviewShopDrawings $ 50,616.64 $ - $ 2,000.0� $ 2,500.00
� 10.3 Reviewantl Recommen0lor Approval of C�ange Ortler Pequesls $ 31,480.77 $ - S 2,500.00 $ 2,500.00
� ResponOtoRFl,ln[erpretationoftheContractDocuments,andOther
Y 10.4 RequlrementseuringConS[ruc[ion E 44,36527 $ - $ 3,000.00 S 2,978.69
N
� io.s As-bulltsandCer[ifications $ 57,06322 S - S i,000.00 S i,00a.00
H sutTocai f s3e,n2.sa S - f s,soo.00 f s,s�e.59 S �56,251.62
Conslruction Management and Inspectlons
� 11.1 Construction Management $ 623,545.00 $ - E - $ -
� 11.2 Inspections S 695,614.40 $ - $ - S
Y
N
�0
� SubTotal S 3,319,159.40 S S S S 1,319,159.40
CESConsultants Surveyor SavinaMiller GreenDade
Llnel Design-Su6lotalalllasks�Labor $ 1421,396.51 $251,630.66 S 97,50�.OD $ 193,778.69 $1,964,305.85
Line2 Conlingenty-546oItle5ignsubtotal�L�nel".OS) $ 71,069.83 $ 12,581.53 $ 4,875.00 $ 9,688.93 $ 98,21J.29
Line3 Reimbursibleexpenses 515,000 $ - y - $ - $ Ss,000.00
LIne4 Consultant5ubtotal�Unel+linex+Line3) E 1,507,4fi6.33 5264.312.19 S 102,375.00 f 203,467.62 5�,077,521.15
LineS Constructlon-Su6totalall[asks�Labor $ 1,319,159.40 $ - E - $ - $1,319,159.40
Line6 Consultanttotal E 1,319,159.40 E - S - 5 - S 1,319,159.60
LIne7 To1al�Line4+Line6) S 3,3%,680.55
Labor Cate o
En ineerin Desi n Construction Mana ement and Ins ections
West Ave Phase III Senior SeniorProject Project ProjectEngineer Project
Principal SeniorEngineer Engineer CADDManager CADDDrafter ProjectManager ProjectEngineer Inspector 7o7AL
CES Fee Breakdown Associate Manager Manager Senim Engineer
$a.00 $sso.00 Szas.as 5212.oz S2so.00 szoo.oa Sias.es S1z1.is $1s1.az S11ass $isa.�s S1ao.as $133J7
Task 1 Project Coordination during Design
�.� Projact Management and prograss meetings - Z,.; f� �) 12Fi 0 Il - 539,839.88
subtoGlhours= 0 :6 0 � 76 0 � J26 C 0 !1 P .. ., 21B
Subtotal Cnst 5 39,839.88
7ask 2 Field Studies and Data Gathering
2.1 Oevelopmento(SubsurtaceUtiliryEngineeringfSUE) J .1��,'� (? � 518.245.80
2.2 Development o/Topographical and Location Survey :'7 $23,029.88
Z.q 7ree inventory antl Arbonst Report i1 r; � g6.�92.31
subtotelhouis� 0 24 0 ti6 , 0 �. 0 56 120 D _ .. 280
Subfofal Cost Ed7,d67.99
Support to Stakeholder/Pu61ic Involvement,Information
Tasx 3 Gathering,and Consensus-Building Program
Suppoh tor the tlevelopment and�implementation o(the Publ�ic
3.1 Ou�reachPlan � ' �� ��� �� $21.�73.81
3 2 Suppon the Outreach antl Coordination with Speciaity groups 11 (7 12 il G i� $30.253.46
sub�otalhours 0 -03 „ _�. 0 18 �+ ,. 0 0 0 0 239
Subfofal Cost $ 52,027.16
resxe RestaNRedesign5ubmittal
q.1 U�7firyCooralnation 0 d 8 Z� 0 0 17E� U � $39,377.74
02 RoadwayRestart/Retlesignplans 0 G � 160 .4n ?gfl � f3 g1�3473.08
a.3 Srormwaler Drainage RastaNRedesign plans .1 - '��(i $31.260.82
a o Water�ualily Wells ReslaNRedasi9n pians �� .ir�. 1�Sil $88,151.55
a 5 Senitary Sewer Restart/Redes�gn plans �i ,� lo �� �� $19,994.96
46 WaterMainReStaNRedesiqnplans D 1 ��, $19,994.96
6� Sveet Ilghting RestaNRedesign plans U 4 G � g9,00279
4.8 Pavemem Marking and Signage ReStarURedesign plans 0 4 ^1 (1 � $3fl 469.53
a.s Lantlscapmg an�Irngation RestaNRedesign pians 4 �� ���
58.002 79
4.10 Signalization RestaNRetlesign plans f? � � 38.002.79
n_i i Maintenance of Tra(fic RestaNRedesign plans !) - fi �� $18.262.00
a_�p DRB matenals ana pre appllcatlon meeting i) q 2-9 .�I; .1C: ti � $23,333-54
a.i 3 Specif ca�ions �� $26,300.26
4_ia Draft Narrative � `-.y a�) � $19,042.00
4_is OPCC antl Consirtiction Schetlule 0 .7 4 12 JO tl 0 0 0 0 U 0 $14,943.79
subbtalhours' 0 60 716 . 308 80 284 504 � 260 34J 904 0 0 �J 2900
Subtotal Cosf�.� ��� � Sd56,59P.59
Task 5 HdfR1011lZdtlOfl
5.� HarmonlzationRestartlRedesignplans 0 d f, 7�1 0 �30 1t�0 q `��� 3t;0 G 5106.891.01
s.z Harmonlzatlon meelings and coordinalion 0 g 30 0 8i1 506 0 0 0 D 0 I� 5104,554.95
Subtotalhour.s 0 12 8 ]04 0 ISP 686 0 90 360 0 0 0 1470
Sub�otal Cost�� E111./d5.96
7asw 6 Permit Set Submi@al
5.� RoadwayPermitSetplans (1 4 12 0 .0 I�7 4'i �C', C� $30.490_16
6.2 Stormwater Dre�inage Pertnil Set plans C � 0 $9,937.10
8.3 Water Quallry Wells Permit Set plans p �`� h0 $19,583 82
s.a Santtary SevrerPermit Set plans (3 � �l �l 56,696-60
6 5 Water Main Permi�Set plans 'l � �� �' S6.fi96.60
6.8 Slrae�lighling Parmrf Sel plans � ' � � � 53.fi98 55
6.] Pavamenl MaAcing antl Signage Partn�rt Sel plans �I �� �� - S�1.]39.28
6.a Lantlsca0�n9 and Imgation Partnn Sat pians ��� � S'f.698.55
6,q Signal zat on Pertnl�Set plans � 0 5�.F99_55
e.i Maintenance of Traffic Pertn�t Set pians ii � �
55.FiR2-39
r,.ii DRB matenals antl Presentaean U ^�� � � � 5�:�.<25.40
e.t2 Speci(cations D � � �� ' � ' £10.��2.92
6.�3 Orek Narranve p - � � � 55.082.39
5.�a OPCC an0 Construction Scheauie 0 - :�i 0 �� �! � SBA��.89
subto(alhours 0 �30 �� 15.1 ,�. ,. ,�.. , f7(; 7yb . �. � E78
Subtofal Cosl Sid7,/75.12
r.�w� PermitApplications
�_i Roadwey7ermitmeetingslappli<ation�issuance �1 ' :F $�����9��
�.z SlortnwaterPertnitmeetings/application'issuance �1 � �' $�����9-�
l.3 Water�ualityWellsPertnitmeetings/application/ssuance ��1 � � - ' '� '� 5>>.719_04
�a SanitarySewerPermilmeelings/applicatioNissuance � � � SB.565.85
�.5 Water Main Permit meelings/application/issuance � � ' SB.565.85
�.6 SVeet Lig�ting Pertnit meelings/applicatlan:�ss n � � � 59.202.12
Pavement Marking antl Signage Permit
].] meetings/appllcation(ssuance � � � n 4 $t i�19.04
�8 Landscaping antl Irrigaeon Permit meetings/applicatioNissuance ., . . . ., - . ,
� � $t t 7t9.04
7,g Signalizabon Pertnil meat ngs/appbcati � 21 '� �I '�) ' S9 9�2.12
I,10 maintenante of Traffc Pertn�l e�i�q� ' �� 21 � 5q.29fi.44
subrolalhouis 0 IJ GD 112 � a.. 224 0 .?6 iGd . i. C 610
Subtofal Cosl 570/,777.E0
rasw e Bid Services and Bid Set
N� Bitl Set b �� � � � 525 fi98 94
g., Preparation of ReQuest�or B�4 �� � � � 58.388.02
g.3 Rnspona to Request for infnrmation�RF) � � Si2.991.58
qn P2-BiAGon(Pranre � � � 53.247.63
e.s BiOEvaluation � �� � � SP.291.87
g.5 Pre-Bid Siie visii �� � � ' $�.247.63
g.i Provide recommendelion of award U (1 R � � �� � SS.fl4:i.79
8.A Nar.at�rve 8 «l 0 $9.296.44
g.g OPGC 0 :i 0 0 0 0 0 0 � $��,243.79
subro(alhnurs 0 2N AF, 132 24 68 80 IO 16 24 0 � G I30
Sublotal Ca.s( f87,119.87
Taak 9 IFC$Bt
9_t RoeOway IFC Set 0 0 A 0 0 5a.070.68
9_p S�ormwa�er Dra�inage IFG Set 0 (� 54.070.68
9.3 WalarOualityWells IFCSet 0 ' �� � � '� � ' Sd.070.68
ga Sanitary5ewer IFCSe! `1 iG � SQ.��O.6B
9.5 Wate�Mal^IFCSet � " ..:.753.76
9.6 Slree�lighbng IFC Sel � il 54 070.68
9.� Pavement Marking anE Signage IFC Scl 'i i 52.253.76
9 e LanEscaping antl Imgal�ion IFC Sel � � �I S2 253 76
99 Signalizel�ion IFCSet � � n 1 � 1F � � S4,U7068
q_� MaintenancaofTraKr IFCSPt � � ',E� 54.070.68
g,>> Harmonlzation IFC$et � a 1F ' '� Sd.070 68
9.12 Narraliva 0 Ii 0 4 0 4 i6 � q4.n70.6fl
s�emra�no��s� o 0 o an o aa o o na iaa o zea
__ _ __ _ _ _ _ _ _ _ _
Subfofal Cosf: E4J,397.79
r,.k io Engineerinq Services during Construction
io.i Pre-CanstructianMeeting � tl � �� 53.247.63
io.2 ReviewShopDrawings � � �� � $50.616.04
io.3 Review and Recommend forApprovel of Change Oraer fteQuests � Sfl i`, �fi ��` � �'�. 0 -; � �� $31,48�.77
ReSpontl lo RFI,Inlerpretation of the Conhacl Oocuments.and Other
104 RequiremantstlunngCanslruclion !1 � 0 �� $94,365.27
t0.6 Asbuilts antl Cenifications � 20Q $57,063.22
subtofal hours� 0 �.s . 20R „ i:0 569 v ., 200 .. .. c 1366
SuMotal Cos( E236,77I.90
taek tt Construction Management and Inspedions
>>,i ConebuctionManagement 1300 2h�0 n 8623.54500
��,Z Inspecfions
"';� 5s95,81440
subtofalhours Q 0 ., !1 0 0 .- .i . 0 1300 25D9 52D0 9100
Subtotal Cnst f7,319,159.40
Dasign-Subtotal all tasks-Labor E1,421,196.51
Deslgn Contingency E71,069.83
Other Direct Costs Expenses(mileage,Incidenlals,etc) 515,000
Subtotal f7,507,/6fi.33
Conatfuttion-Subto�al al�tasks-Labor 57,779,759
subtatel f1.J79,759
Total 52,826,625.73
EXHIBIT 2
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Consultant hereby attests under penalty of perjury that Consultant does not use coercion for labor
or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
CES CONSULTA�T , INC., a Florida corporation.
� ,
�— - _
310 SW 38th AVE, Suite 450 Miami FL 33146
Name/ itle.. Juan Alfonso,President an CO (Address)
State of Florida
County of Broward
The foregoing instrument was acknowledged before me by means of I�I physical presence or ❑
online notarization, this 20th day of October 2025 by
Juan Alfonso as President and COO of CES
CONSULTANTS, INC., a Florida corporation, known to me to be the person described herein,
or who produced ____ _ as identification, and who did/did not take
an oath.
NOTARY PUBLIC:
,-� , J,'
�� . �� ,i /"lC,�t�u�,
�� -
(Signature) , ..
��' '-. TNALIAAMOREADUQUE
'� �` Notary Publk-State of Florid�
Thalia Duque % Commbfian f HH�66�19
..�. MY Comm.Expirp Nov t0,2017
(Print Name) eo�a.dcn�ou�,H��onaiHda,y,�,,,,
My cammission expires: Nov 20,2027
RESOLUTION NO.
2025-33907
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE AND FINALIZE AN ADDENDUM TO THAT CERTAIN AGREEMENT
DATED JUNE 14,2017(THE"DESIGN CONSULTANT AGREEMENT") BETWEEN
RIC-MAN CONSTRUCTION FLORIDA, INC. ("RIC-MAN") AND CES
CONSl1LTANTS, INC. ("CES") FOR THE PROVISION OF ALL ARCHITECTURAL,
DESIGN AND ENGINEERING SERVICES FOR THE WEST AVENUE PHASE 111
PROJECT(THE"PROJECT"),SAID ADDENDUM (I)RE-INSTATING THE DESIGN
CONSULTANT AGREEMENT, (II) PROVIDING FOR THE CITY'S ASSUMPTION
OF RIC-MAN'S RIGHTS AND OBLIGATIONS UNDER THE DESIGN
CONSULTANT AGREEMENT, PURSUANT TO SECTION 3.24(C) OF THAT
CERTAIN DESIGN/BUILD AGREEMENT DATED JULY 17, 2017 BETWEEN THE
CITY AND RIC-MAN, AND (III) MODIFYING THE SCOPE OF THE DESIGN WORK
TO INCLUDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE PROJECT IN THE NOT-TO-EXCEED AMOUNT OF $3,396,680.55,
UTILIZING PREVIOUSLY APPROPRIATED FUNDING; FURTHER,AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID ADDENDUM TO
THE DESIGN CONSULTANT AGREEMENT.
WHEREAS, the West Avenue project is designed to enhance quality of life with aesthetics
and infrastructure, and to reduce flood risk to this vulnerable neighborhood both now and in the
future; and
WHEREAS, this neighborhood is one of the lowest lying areas in the City, with elevations as
low as 1.7' NAVD; and
WHEREAS, the West Avenue project represents a comprehensively defined neighborhood
improvement program, focused on resolving challenges assoeiated with ciimate impacts and aged
infrastructure and upgrading the neighborhood to City standards of resilience; and
WHEREAS, the limits of the improvements are West Avenue between 8th Street and Lincoln
Road, including side streets, and Bay Road between 14th Street and Collins Canal; and
WHEREAS, on March 22. 2017, the City Commission adopted Resolutions No. 2017-29800
and 2017-29799, awarding two contracts to Ric- Man Construction Florida, Inc. ("Ric-Man") for the
design-build services for phase II of the West Avenue project: (i)one agreement (the "West Avenue
North AgreemenY') for the project areas north of 14th Street, and the other agreement (the "West
Avenue South AgreemenY')for the project areas south of 14th Street; and
WHEREAS, the West Avenue South Agreement was awarded with a guaranteed maximum
price of$12,809,754.00; and
WHEREAS, pursuant to the West Avenue South Agreement, Ric-Man entered into a
subcontract with CES Consultants, Inc. ("CES") for the design and permitting of the Project (the
"Design Consultant AgreemenY');
WHEREAS, on April 27, 2022, the Administration received a letter from Ric-Man indicating
that it had instructed its legal counsel to prepare a declaratory relief action seeking termination of
the West Avenue North Agreement and the West Avenue South Agreement; and
WHEREAS, after several unsuccessful meetings to discuss the declaratory relief action, a
mediation session was scheduled but, prior to the mediation session, Ric-Man delivered a re-start
proposal which would allow Ric-Man to continue performing under the West Avenue North
Agreement; and
WHEREAS,on October 26, 2022, the City Commission adopted Resolution No. 2022-32384,
approving Amendment No. 1 and deductive Change Order No. 7, modifying the terms and conditions
of the West Avenue South Agreement, in part, by pausing the project south of 14`h Street; and
WHEREAS, because the project south of 14�h Street would be constructed at a later date, it
was renamed the West Avenue Improvements Phase llf(the "Project"); and
WHEREAS, in anticipation of potential grant funding, said Amendment No. 1 established the
terms for a future termination for convenience of the West Avenue South Agreement; and
WHEREAS, subsequently, the City submitted a grant application to the Resilient Florida
Grant program, and the Project was awarded a $10 million grant; and
WHEREAS, the grant requires a new procurement process for the selection of a contractor;
and
WHEREAS, accordingly, on March 14, 2025, the City terminated the West Avenue South
Agreement and, pursuant to Section 3.24(c)thereof, exercised its contractual right to the assignment
of the Design Consultant Agreement, at the Gity's election; and
WHEREAS, on July 9, 2025, Ric-Man delivered an executed letter to the City assigning to
the City all right, title and interest of Ric-Man in and to the work product produced to-date pursuant
to the Design Consultant Agreement; and
WHEREAS, subsequent to the City's election under Section 3.24(c) of the West Avenue
South Agreement, Ric-Man purported to terminate the Design Consultant Agreement;
WHEREAS, the City and CES desire to re-instate the Design Consultant Agreement, with
the City assuming Ric-Man's rights and obligations under the Design Consultant Agreement; and
WHEREAS, additionally, contemporaneously with the West Avenue South Agreement, the
City had contracted with a third-party consultant for the construction engineering and inspection
services for the Project; and
WHEREAS, with the City contracting directly with CES, potential conflicts of interest are
eliminated and the Administration has elected to simplify the project management by making CES
the single source for engineering design and inspections; and
WHEREAS, by utilizing CES for construction management and inspection, the City ensures
continuity, preserves design intent, and enables faster issue resolution; and
WHEREAS, additionally, a single source centralizes accountability, improves quality
assurance, and streamlines communication, ultimately reducing risk, delays, and overall project
costs; and
WHEREAS, accordingiy, the City and CES desire to modify the scope of the services
provided by CES under the Design Consuitant Agreement to include construction management and
inspection services for the Project; and
WHEREAS, on August 28, 2025, the City received CES's revised negotiated proposal (the
"New Scope Propasal") for the design, permitting, construction, administration services and
inspection services for the Project in the not-to-exceed amount of $3,396,680.55, consisting of
$2,077,521.15 for surveys, design and bid services and $1,319,159.40 for construction management
and inspection services; and
WHEREAS, the reinstated Design Consultant Agreement, along with the New Scope
Proposal, will enable CES to complete the design, construction documents, permitting, bidding and
construction phase services previously advanced under the West Avenue South Agreement while
addressing changes implemented in Phase II; and
WHEREAS, for example, the following changes need to be addressed: (i} updating the
roadway plans to incorporate the redesigned split pedestrian ramps at the intersections, (ii) updating
the stormwater drainage plans to incorporate new regulatory water quality requirements, (iiij revising
the sanitary sewer plans as a result of the changes to the roadway layout, (iv) revising the water
main plans as needed to accommodate changes in utilities discovered during the utility coordination
phase, (v) updating the street lighting plans ta incorporate the redesigned split pedestrian ramps at
the intersections and address madifications to the crosswalks, intersections and signals required by
Miami-Dade County Department of Transportation Public Works ("DTPW"), (vi) updating the
pavement marking and signage plans to incorporate the latest requirements from DTPW and the
City of Miami Beach Transportation Department ("CMBTD"), and (vii) updating the landscaping and
irrigation plans to incorporate modifications to cross walks, intersections, and signals per the latest
DTPW requirements; and
WHEREAS, the New Scope Proposal also includes services not originally included in the
Design Consultant Agreement with Ric-Man, such as the preparation of Maintenance of Traffic plans
(M�T), inspection services during construction, expanded responsibility for the completion of the
private property harmonization plans, and updated sidewalk conditions; and
WHEREAS, pursuant to the New Scope Proposal, CES will be responsible for meeting with
residents to coordinate and negotiate harmonization agreements prior to completing the construction
and bid documents; and
WHEREAS, given the level of effort associated with drawing revisions, and more significantly
associated with the added responsibilities of surveys, permitting and completion of the harmonization
agreements, the negotiated proposal is deemed fair, reasonable and in the best interest of the City;
and
WHEREAS, assumption and reinstatement of the Design Consultant Agreement requires the
City to negotiate and execute an addendum (the"Addendum") to the Design Consultant Agreement
to incorporate the New Scope Proposal, in the not to exceed amount of $3,396,68�.55, and to
incorporate additional City contract provisions; and
WHEREAS, accordingly, the Administration recommends that the Mayor and City
Commission do the following: (i) authorize the Administration to negotiate and finalize the
Addendum, re-instating the Design Consultant Agreement, providing for the City's assumption of
Ric-Man's rights and obligations under the Design Consultant Agreement, and modifying the scope
of the design work to include construction management and inspection services for the Project in
the not-to-exceed amount of $3,396,680.55, and (ii) authorize the City Manager and City Clerk to
execute the Addendum.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FL�RIDA that the Mayor and City Commission hereby authorize
the Administration to negotiate and finalize an Addendum to that certain Agreement dated June 14,
2017 (the "Design Consultant AgreemenY') between Ric-Man Construction Florida, Inc. ("Ric-Man")
and CES Consultants, Inc. ("CES") for the provision of all architectural, design and engineering
services for the West Avenue Phase III Project (the "Project"), said Addendum (i) re-instating the
Design Consultant Agreement, (ii) providing for the City's assumption of Ric-Man's rights and
obligations under the Design Consultant Agreement, pursuant to Section 3.24(c) of that certain
DesignlBuild Agreement dated July 17, 2017 between the City And Ric-Man, and (iii) modifying the
scope of the design work to include construction management and inspection services for the Project
in the not-to-exceed amount of $3,396,680.55, utilizing previously appropriated funding; further,
authorize the City Manager and City Clerk to execute said Addendum to the Design Consultant
Agreement.
PASSED and ADOPTED this �1 day of sf 1 �jP✓ , 20 .
wt_._._
Steven Meiner, Mayor
ATTEST:
..___C� f .
��r' , � �r�`:
''ti.^.!.g.E:q"',,,
-�r� � '�'S-�'�,,�
e�e"`��'.:
Rafael . Granado, City Clerk .;�w., ; ;
�:G3?�ORATED�';
'j ��� ,,��_=
,n�.`_ 20.
APPROVED AS TO
FORM & LANGUAGE
8� FOR EXECUTION
%�„f-
,.,r� �`� ZO ZS
City Attomey Date
Resolutions -G7 A
�/11A1�/11 BEA�H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Gommission
FROM: Eric Carpenter, Ciry Manager
DATE: September 17, 2025
TITLE: A RESOLUTfON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND FINALIZE AN AQDENQUM TO THAT CERTAIN AGREEMENT DATED JUNE
14, 2Q17 (THE �'DESIGN GONSULTANT AGREEMENT") BETWEEN RIC-MAN
CONSTRUCTION FLQRIDA, WC. ("RIC-MAN") AND CES GONSULTANTS, INC.
("CES") FOR THE PROVISION OF ALL ARCHITECTURAL, DESIGN AND
ENGINEERING SERVICES FOR THE WEST AVENUE PHASE III PR�JECT (THE
"PROJECT"), SAI� ADDENDUM (I� RE-INSTATING THE DESIGN CONSULTANT
AGREEMENT, (Ilj PROVIDING FOR THE CITY'S ASSUMPTION QF RIGMAN'S
RIGHTS AND OBLIGATIONS UNDER THE DESIGN CONSULTANT AGREEMENT,
PURSUANT TO SECTION 3.24(G) OF THAT CERTAIN DESIGN/BUILD
AGREEMENT DATED JULY 17, 201'r BET1rVEEN THE CITY AND RIC-MAN. ANL
(III) MODIFYING THE SCOPE OF THE DESIGN WORK TQ INCLUDE
C�NSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE
PROJECT IN THE NQT-TQ-EXCEED AMOUNT OF $3,396,680.55, UTILIZING
PREVIOUSLY APPROPRIATED FUNDING; FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLEFch TO EXECUTE SAID ADDENDUM TO THE DESIGN
CONSULTANT AGREEMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission} adopt
the Resolution.
BACKGROUND/HISTORY
The West Avenue project is designed to enhance qijality of life with aesthetics and infrastructure,
and to red��ce flood risk to this vulnerable neighborhoad both now and in the future. This
neighborhood is one of the lowest lying areas in the City with elevations as low as 1.7' NAVD.
The Project represents a comprehensively defined neighborhood improvement program, focused
on resolving challenges associated with climate impacts and aged infrastructure. The scope of
this neighborhood improvement project includes replacement of the existing water
distribution/transmission systems and gravity sanitary sewers, installation of a new robusE storm
water drainage collection system including new bi-fuel auxiliary generators, raising of the paved
roadway with harmonization to the adjacent praperties, installation of new street lighting.
pedestrian lighting, replacement of existing and installation af new traffic and pedestrian signals
at intersections, new landscaping� and irrigation. The limits of the improvements are West Avenue
between 8th Street and Lincoln Road, including side streets, and Bay Road between 14th Street
and Collins Canal, and includes upgrading the project to city standards of resilience of the
neighborhood, as well as harmonizing between the twa phases.
7$ of 1214
Due to the size of the neighborhood, the project was divided inta two contracts, with 14th Street
being the dividing line. On March 22, 2017, the City Commission adopted Resalutions No. 2017-
29800 and 2017-29799, awarding two contracts for West Avenue Improvements Phase II design-
build services to Ric- Man Construction Florida, Inc. (Ric-Man): one contract for the project areas
north of 14th Street (the "Vltest Avenue North Agreement"), the other, for project areas south of
14th Street (the "West Avenue South Agreement," and together with the West Avenue North
Agreement, the "Agreements").
On April 27, 2022, the Administration received a letter from Ric-Man indicating that it had
instructed its legal counsel to prepare a declaratory relief action seeking termination of the
Agreements. After several unsuccessful meetings to discuss the claim a mediation session was
scheduled. Prior to the mediation session, Ric-Man delivered a re-start proposal which would
allaw them to continue with the West Avenue Ph II Neighborhood Improvement project, North of
14 Street, now known as West Avenue Ph II.
On October 26, 2022, the City Commission adopted Resolution No. 2022-32384, approving
Amendment No. 1 and deductive Change Order No. 7, pausing the West Avenue Improvements
South of 14 Street praject and modifying the terms and conditions of the West Avenue South
Agreement between the City and Ric-Man. In anticipation of potential grant funding, Amendment
No. 1 established the terms for a future termination for convenience of the West Avenue South
Agreement. As this portion of the project would be constructed at a later date, the improvements
south of 14 Stroet were renamed West Avenue Phase III Pr�ject (F'roject).
Subsequently, the City submitted a grant application to the Resilient Florida Grant program and
the Project was awarded a $10 million grant. The grant requires a new procurement process for
the selection of a contractor. As such, the City moved to terminate the Agreement with Ric-Man,
and, ir� order to expedite the design and pern�ittin� of the Rroject, the City is (1) reinstating the
Design Consultant Agreement, with CES Consultants, Inc. (GES), and (2) providing for the Citys
assumption of Ric-Man's rights and obligations under the Design Consultant Agreement pursuant
to Section 3.24(c} of the Design-Build Agreement between the City and Ric-Man dated June 14,
2017. Additionally, the City is expanding the design scope and services to include construction
management and inspection services for the Project.
The West Avenue Phase III Project was in the design phase when the project was paused. While
de�ign completion appraached 90%, owner directed design and applicable code changes have
resulted in the need to modify, update and re-do previously completed design documents,
reducing the level of completion to approximately 70%.
Under the design-build agreement with Ric-Man, the City utilized a third-party consultant for the
Gonstruction Engineering and Inspection Ser�ices. For the Project, since the consultant is
contract�d direc�ly by the City, eliminating any potential conflict of interest, the Administration has
elected to combine the responsibilities of the design and engineering consultant with that of the
construction engineering and inspection services censultant, making CES the single source for
engineering, design and inspections, thereby streamiining communications, issue resolution and
certification processes. By utilizing CES for construction management and inspectian, the City
ensures continuity, preserves design intent, and enables faster issue resolution. A single source
centralizes accountability, improves quality assurance, and streamlines communication,
ultimatefy reducing risk, delays, and overall project costs.
The West Ave�ue Phase II Project is currently under construction and was subdivided into 9
separate Segments. On December 11, 2023, the City issued Notice to Proceed 2 with Segment
1, for commencement of construction activities associated with the pump station, and on June 2,
79 of 1214
2025, the City issued Notice to Proceed 2, eommencing construction activities within Segments
2 and 3. These two segments are anticipated to be completed within the next twelve months.
allowing the contractor to praceed to the next Segment.
ANALYSIS
On March 14, 2025, the City terminated the West Avenue South Agreement. Pursuant to its
terms, upon termination of the West Avenue South Agreement, the Design Consultant Agreement
and atl work product produced thereunder was automaticaily assigned to the City. CES has
acknowledged the City's right to reinstate and assume the Design Consultant Agreement and has
pravided a proposal to cornplete additianal work related to the West Avenue Phase III Pro�ect(the
"New Scope Proposai"}.
The reinstated Design Consultant Agreement, along with the New Scope Proposal, will enable
CES to complete the design, construction documents, permitting, bidding and construction phase
services, advanced under the Agreement with Ric-Man, while addressing changes implemented
in Phase II.
For example, the Roadway Plans will need to be updated to incorporate the redesigned split
pedestrian ramps at the intersections; the stormwater drainage plans need to incorporate new
regulatory water quality requirements; sanitary sewer plans need to be reuised as a result of the
changes to the raadway layout; the water main plans wil� be revised as needed to accommodate
changes in utilities discovered during th� utility coordinaUon phase; the street lighting plans will
need to incorporate the redesigned split pedestrian ramps at the intersections and address
modifications to the crosswalks, intersections and signals required by Miami-Dade County
Department of Transportation Public Works (DTPW); the pavement marking and signage plans
will need to incorporate the latest requirements from DTPW and the City of Miami Beach
Trar�sportation Department (CMBTDj; and Lanc:scaping and Irrigation plans will incorpora,s
modifications to cross walks, intersections, and signals per latest DTPW requirements.
CES's proposaf also includes services not originally included in the Design Consultant Agreement
with Ric-man, such as the preparation of Maintenance of Traffic plans (MOT), inspection services
during construction, expanded responsibility for the completion of the private property
harmonization plans, and updated sidewalk conditions. Under this proposal, CES will be
responsible for meeting with residents to coordinate and negotiate Harmonizalion Agreements
prior to completing the construction and bid documents.
On July 10, 2025, the City received the standard Design Agreement (Exhibit A) from CES
Gonsultants for the Project.
On August 28, 2025. the City received CES's revised negotiated proposal (Exhibit B) for the
design, perm�tting, construction administration serv�ces anJ inspection services for the Project in
the not-to-exceed amount of $3.396,680.55, consisting of approximately $930,000 for design
revisions and permitting, $640,000 for resolution of harmonization agreements, public
engagement and private property surveys, $400,000 for bid, award and post design services.
$110,000 for design contingency and reimbursables and $1,320,000 fo� construction
management and inspection services Given the fevel of effort associated with drawing revisions,
and more significantly associated with the added responsibilities of private property surveys,
permitting and completion of the harmonization agreements, the negotiated proposal is deemed
fair, reasonable and in the best interest of the City.
80 of 1Z14
The Project's total budget is $49.8 million. The City was awarded a $10 million Resilient Florida
Grant in FY2022-2023. In August of 2025, the City was informed of the award of an additional
Resilient Fiorida grant in the amount of $8.2 million in FY2025-2026. The $8.2 million grant will
fund a portion of the currently projected $15.8 miliion water and sewer funding gap.
Assumption and reinstatement of the Design Consultant Agreement requires the City to negotiate
and execute an Addendum to such Agreement for the provision of the design, engineering and
construction management and inspection services, in the not to exceed amount of$3,396,680.55
(Exhibit C).
The Project schedule anticipates completion of design by the end of 2025, followed by permitting
and execution of harmonization agreements. Dependent on the time required to complete the
harmonization agreements, an Invitation to B�d (ITB) could be issued in the spring/summer with
the award of a construction contract and commencement of construction activities in the Fall of
2026.
FISCAL IMPACT STATEMENT
The Design Consultant Agreement with CES in the amo�nt of$3,396,680.55 will be funded with
previously appropriated funding.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.qov/city-halllcitv-clerk/meeting-notices/
FINANCIAL INFORMATION
112-0820-061357-26-410-530-00-00-00-20525 = $ 366.637.29
429-0820-061357-26-418-000-00-00-00-20525 = $ 3,030,043.26
Total= $ 3,396,680.55
CONC�USION
The Administration recommcnds that the City Commission adopt the Resolution.
Applicable Area
South Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
81 of 1214
Was this Aqenda Item initiallY requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Capital Improvement Projects
Sponsor(s)
Co-sponsor(s)
Condensed Title
Finalize Addendum Agreement w/ Ric-Man & CES, West Avenue Ph III Project. CIP
Previous Action (For City Clerk Use Only)
82 of 1214
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
OFFICE OF CAPITAL IMPROVEMENT PROJECTS
Tel:305.673.7071 Fax:305.673.7073
LETTER OF TRANSMITTAL
TO: Eric Carpenter, P.E.
City Manager
VIA: David Martinez, P.E. � ZG�/�
Assistant City Manager
FROM: David Gomez
/���CIP Director
DATE: October 27, 2025
SUBJECT: West Avenue Phase III- CES Design Agreement
We are submitting: Priority: , Submitted for: Action Taken:
❑ Permit Application ❑ RUSH � ❑ Review ❑ Reviewed
❑ Final Acceptance Letter � High Priority 0 Approval/Signature ❑ Approved
❑ Letter to Commission ❑ Low Priority � ❑ Comment ❑ Returned for
❑ Agenda Items ❑ For your use Corrections
� Other: ❑ As requested
❑ Returned due to revisions
Once read , please contact Raquel Plasencia, Ext. 26424
Notes:
Attached for your review and signature, please find the West Avenue Phase III, CES
design agreement. On September 17th, 2025, the Mayor and City Commission adopted
Resolution 2025-33907 approving the design agreement with CES in the not to exceed
amount of$3,396,680.55
Enclosures:
CES Agreement
CES Scope of work and Cost Breakdown
Resolution 2025-33907
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We are commitfed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,
historic community.