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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
HARGREAVES ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E)
SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 39-03/04.
FOR THE PLANNING PHASE OF
SOUTH POINTE PARK IMPROVEMENT PROJECT
FEBRUARY 2005
SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
TABLE OF CONTENTS
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DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1.7 Basic Services
1.8 The Project
1.8.1 The Project Cost
1.8.2 The Project Scope
1.9 Construction Cost
1.9.1 Construction Cost Budget
1.9.2 Statement of Probable Construction Cost
1.10 Force Majeure
1.11 Contract Documents
1.12 Contract Amendment
1.13 Additional Services
1.14 Basic Services
1.15 Schedules
1.16 Scope of Services
ARTICLE 2.
2.1
2.2
2.3
2.4
BASIC SERVICES
Basic Services
Additional Services
Responsibility for Claims and Liabilities
Time
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7
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ARTICLE 3. THE CITY'S RESPONSffiILITIES
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ARTICLE 4. ADDITIONAL SERVICES
16
ARTICLE 5. REIMBURSABLE EXPENSES
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ARTICLE 6. COMPENSATION FOR SERVICES
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ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
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ARTICLE 9. TERMINATION OF AGREEMENT
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ARTICLE 10. INSURANCE
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ARTICLE 11. INDEMNIFICATION
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
ARTICLE 12. VENUE
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ARTICLE 13. LIMITATION OF LIABILITY
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ARTICLE 14. MISCELLANEOUS PROVISIONS
26
ARTICLE 15. NOTICE
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ATTACHED SCHEDULES:
SCHEDULE "A" - SCOPE OF SERVICES
SCHEDULE"B" - CONSULT ANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AJE CONTRACT
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULT ANT
HARGREAVES ASSOCIATES, INC.
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. RFQ No. 39-03/04.
FOR THE PLANNING PHASE
OF THE SOUTH POINTE PARK IMPROVEMENT PROJECT
This Agreement made and entered into this ~ day of J M u /#-It '" ' 2005, by and between
the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and Hargreaves Associates, Inc. a California corporation,
having its principal office at 398 Kansas St, San Francisco, California, 94103 (hereinafter
referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in this Agreement and the attached Schedule "A" Scope of
Services, and wishes to engage the Consultant to provide architecture, landscape architecture,
and/or engineering services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, landscape architectural, and/or engineering and related professional services
relative to the Project, as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and
agreements herein contained, agree as follows:
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governmg and
legislative body of the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including the Project Coordinator, and shall serve as the City's representative
to whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean REQUEST
FOR QUALIFICATIONS No. RFQ No. 39-03/04. to provide architectural, engineering,
design, permitting assistance, and construction administration services needed to plan,
design, and construct for the South Pointe Park Improvement Project, issued by the City
in contemplation of this Agreement, together with all amendments thereto, if any, and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference
in this Agreement and made a part hereof; provided, however, that in the event of an
express conflict between the Proposal Documents and this Agreement, this Agreement
shall prevail.
1.5 CONSUL T ANT: The "Consultant" IS herein defined as Hargreaves
Associates, Inc., a California corporation, having its principal office at 398 Kansas St,
San Francisco, California, 94103. When the term "Consultant" is used in this Agreement
it shall be deemed to include any sub-consultants and any other person or entity acting
under the direction or control of Consultant. Any subconsultants retained by Consultant
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
pursuant to this Agreement and the Project shall be subject to prior written approval of
the City. The following subconsultants were included in the Consultant's Proposal and
are hereby approved by the City for the Project:
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all matters related
to the Project, except as otherwise provided herein.
1.7 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services required to complete
the planning phase of the Project, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services," attached hereto.
1.8 THE PROJECT: The "Project" shall mean the City Capital Project named
the "South Pointe Park Improvement Project" that has been approved by the City
Commission and as described in Schedule "A" entitled "Scope of Services", attached
hereto.
1.8.1 THE PROJECT COST: The "Project Cost", as established by the
City, shall mean the total cost of the Project to the City including: Construction
Cost, professional compensation, land cost, if any, financing costs, materials
testing services, surveys, contingencies and other miscellaneous costs.
1.8.2 THE PROJECT SCOPE: The "Project Scope" shall mean the
description ofthe Project contained in Schedule "A" entitled "Scope of Services",
attached hereto.
1.9 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean
the sum which is the total cost or estimated cost to the City of all elements of the Project
specified by the Consultant and approved by the City, including, at current market rates
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(with a reasonable allowance for overhead and profit), the cost oflabor and
materials and any equipment which has been designed, specified, selected or specifically
provided for by the Consultant and approved by the City, and including a contingency
allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction
cost for new construction, or twenty percent (20%) of construction cost for rehabilitation
of historic buildings, and not including the compensation of the Consultant and any
subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable
expenses.
1.9.1 CONSTRUCTION COST BUDGET: The "Construction Cost
Budget" shall mean an amount budgeted by the City for Construction Cost, as
specified in the Project Scope in Schedule "A" entitled "Scope of Services",
attached hereto.
1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The
"Statement of Probable Construction Cost" shall mean a forecast of Construction
Cost prepared by the Consultant, as defined in attached Schedule "A" entitled
"Scope of Services", for the guidance of the City. The City shall have the right to
verify the Statement of Probable Construction Cost or detailed cost estimate by
the Consultant.
1.10 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
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1.11 CONTRACT DOCUMENTS: "Contract Documents" shall mean this
Agreement. A Modification is defined as a written amendment to this Agreement signed
by both parties
1.12 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City
Manager ifthey are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.13 ADDITIONAL SERVICES: "Additional Services" shall mean those servIces
described in Article 4 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.14 BASIC SERVICES: "Services" shall mean the services to be performed on the
Project by the Consultant pursuant to this Agreement, whether completed or partially
completed, and includes other labor and materials, equipment and services provided, or to
be provided, by Consultant to fulfill its obligations herein.
1.15 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B _ Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
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Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation
Rates to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
1.16 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
described in Schedule "A" entitled "Scope of Services", attached hereto, together with
the Basic Services and any Additional Services approved by the City, as described in
Articles 2 and 4, respectively herein.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of a written
Notice to Proceed issued by the City Manager, or his designee, and Consultant shall
countersign the Notice to Proceed. A separate Notice to Proceed shall be required for
commencement of each Task, as discussed in attached Schedule "A" entitled "Scope of
Services."
The Consultant's Basic Services shall consist of the Services described in attached
Schedule "A" entitled "Scope of Services."
The Consultant shall coordinate with sub consultants and other consultants, and conform
to all applicable building codes and regulations. Consultant, as it relates to its Services,
represents and warrants to the City that it is knowledgeable of codes, rules and
regulations applicable in the jurisdictions in which the Project is located, including, local
ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes,
Administrative rules and regulations including, Federal laws, rules and regulations. The
Consultant agrees to comply with all such laws, codes, rules, and regulations now in
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effect, and as may be amended or adopted at any time, and shall further take into account
all known pending changes to the foregoing, of which it should reasonably be aware.
The Consultant expressly agrees that all of its duties, services and responsibilities under
this Agreement shall be performed in accordance with the standard of care normally
exercised in the design of projects of this nature in South Florida. In addition, Consultant
represents that it is experienced and fully qualified to perform the Services contemplated
by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules
and regulations to perform such Services. Consultant warrants that it shall be responsible
for the technical accuracy of its Contract Documents.
2.1 BASIC SERVICES:
Consultant shall perform all servIces described in Schedule "A" entitled Scope of
Services, attached hereto, which include all Planning Services Tasks and one Design
Services phase Task, Task 2.1, "Field Verification of Existing Conditions."
2.2 ADDITIONAL SERVICES:
Consultant shall provide Additional Services as noted in the attached Schedule "A"
entitled "Scope of Services."
2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.4
TIME:
It is understood that time is ofthe essence in the completion of
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this Project, and in this respect the parties agree as follows:
2.4.1 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement and the orderly
progress of the Work.
2.4.2 The parties agree that the Consultant's Services during all phases of this Project will
be performed in a manner that shall conform with the approved Project Schedule, which
is attached to this Agreement as Schedule "D". The Consultant may submit requests for
an adjustment to the Project Schedule, made necessary by undue time taken by the City to
approve the Consultant's submissions, and/or excessive time taken by the City to approve
the Services or parts of the Services. The City shall not unreasonably refuse to approve
such adjustment(s) to the Project Schedule if the request is made in a timely manner and
is fully justified.
2.4.3 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the Project Coordinator, and others that have been contracted
to perform Services and I or Work pertaining to the Project. The Services to be provided
by Consultant under this Agreement will be provided under the general direction of the
Project Coordinator.
2.4.4 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.4.5 Whenever during the term of this Agreement, others are required to verify, review,
or consider any work performed by Consultant, including but not limited to the design
professionals, Contractors, and other consultants retained by the City, the intent of such
requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with
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industry standards for design or construction of comparable public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the Project Coordinator.
Consultant will use reasonable care and skill in accordance with and consistent with
customary professional standards in responding to items identified as discrepancies,
errors and omissions by others. Consultant shall receive comments from reviewers via a
set of marked-up drawings and specifications. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon
as possible under the circumstances, taking into account the requirements of the Project
Schedule.
2.4.6. The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consulting engineers or consulting architects or other consultants,
engaged by the City at its own expense for that purpose, any or all parts of the services
performed by the Consultant, and the Consultant shall cooperate fully in such review at
the City's request.
2.4.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared
by Consultant. Said certifications shall be in a form approved by the City.
2.4.8 Consultant represents to City that all evaluations of the City's Project Budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgement as a design professional familiar with the
construction industry. Consultant cannot and does not guarantee that bids or negotiated
prices will not vary from any estimate of Construction Cost or evaluation prepared or
agreed to by Consultant.
2.4.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services.
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2.4.10 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shall not be made without
the prior written approval of the City. Consultant further agrees to obtain a binding
agreement with its Project Manager providing a minimum of six (6) months notice before
assuming a different position; said notice may be waived by the City at its discretion.
2.4.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with cause-,-
2.4.12 Consultant herein represents to City that it has expertise in the type of professional
services that will be performed and pursuant to this Agreement. Consultant agrees that all
Services to be provided by Consultant pursuant to this Agreement shall be subject to
City's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with
applicable published laws, statutes, ordinances, codes, rules, regulations and requirements
of any governmental agencies having jurisdiction over the Project or the Services to be
performed by Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional judgement to
advise City regarding resolution of each such conflict.
2.4.13 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, without City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
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public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, sub consultants and subcontractors to
comply with the provisions of this paragraph.
2.4.14 The City and Consultant acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services
contemplated in this Agreement, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's opinion, outside the level of effort
originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain
said Project Coordinator's written consent, before proceeding with the work. The Project
Coordinator must comply with Contract Amendment processing requirements as outlined
in Article 1.12, prior to issuance of any written authorization to proceed with Additional
Services to Consultant. If Consultant proceeds with additional Services without notifying
and obtaining the consent of the Project Coordinator, said work shall be deemed to be
within the original level of effort, and deemed included as a Basic Service herein,
whether or not specifically addressed in the Scope of Services. Notice to the Project
Coordinator does not constitute authorization or approval by the City to perform the
work. Performance of work by Consultant outside the originally anticipated level of
effort without the prior written consent of the City shall be at Consultant's sole risk.
2.4.15 Consultant shall establish, maintain and categorize in accordance with City CIP
central filing system, files of documents, letters, reports, prepare and take minutes of
every meeting, plans, etc. pertinent to the Project. Consultant shall provide City with a
copy of applicable Project correspondence for City to file in its filing system. In addition,
Consultant shall provide electronic Project document files to the City, at the completion
of the Project.
2.4.16 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
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omissions by the City or others make such performance impossible.
2.4.17 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other govemmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the Project and may provide
reasonable compensation, if appropriate.
2.4.18 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with applicable
construction, building and health codes and other applicable Federal, State and local
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the design and construction of the Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.12 requirements, including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
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b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City IS obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant is in no way certifying, representing and/or warranting as to the accuracy or
completeness of such data including, but not limited to, any information provided in the
Proposal and backup documentation thereto. Any conclusions or assumptions drawn
through examination thereof shall be the sole responsibility of the Consultant and subject
to whatever measure it deems necessary to final verification essential to its performance
under this Agreement. Work required due to inaccurate, incomplete or incorrect
information supplied by the City may be undertaken by the Consultant as an Additional
Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in
a timely manner and obtain said Project Coordinator's written consent, before proceeding
with the work. If Consultant proceeds with the Additional Services without notifying and
obtaining the consent of the Project Coordinator, said work shall be deemed to be within
the originallevel of effort and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A, attached hereto.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants or vendors working on this Project for which Consultant has received
payment from the City.
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3.5 If the City observes or otherwise becomes aware of any fault or defect in the
Project or non-conformance with the Contract Documents, the City shall give prompt
written notice thereofto the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the
following actions or conduct by passage of an enabling resolution or amendment to this
Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision
of the City Manager's appointed designee(s), upon the Consultant's written
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request, in which case the Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments
that exceed the sum of twenty five thousand dollars ($25,000.00) or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended.
3.8 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in Article 2 and
attached Schedule "A", entitled "Scope of Services."
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
3.8.4 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Purchasing
Ordinance, as amended) and which do not increase any of the budgets established
herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. ADDITIONAL SERVICES
4.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the Project Coordinator prior to
commencement of same. Such authorization shall contain a description of the Additional
Services required; an hourly fee and or lump sum, as provided in Schedule "c" with a
"Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project
(if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable,
which the Consultant shall not exceed without specific written authorization from the
City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services
requested by the City and all costs applied to such shall be verifiable through time sheet
and reimbursable expense reviews.
4.2 The term "Additional Services" includes services involving the Consultant or any
sub consultants whether previously retained for the Services or not or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in Consultants as set forth in this Agreement.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
4.3 Additional Services may consist ofthe following:
4.3.1 Serving as an expert witness In connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has arisen from
the failure of the Consultant to meet the Standard of Care set forth in Article 2.
4.3.2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in Schedule A,
Scope of Services.
4.3.3 Providing such other professional services to the City relative to the Project
which arises from subsequent circumstances and causes (excluding circumstances
and causes resulting from error, inadvertence or omission of the Consultant)
which do not currently exist or which are not contemplated by the parties at the
time of execution of this Agreement.
ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Consultant in the
interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of
$500, must be authorized in advance in writing by the Project Coordinator. Invoices or
vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City,
along with supporting receipts, and other back-up material reasonably requested by the
City, and Consultant shall certify as to each such invoice that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement".
5.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
5.2.1 The cost of testing or investigation of underground utilities, if authorized
by the Project Coordinator.
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5.2.2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the
Consultant and sub-consultants. Courier and postage between the Consultant and
its sub-consultants are not reimbursable.
5.2.3 Expenses for reproduction and the preparation of special graphics for
community workshops
5.2.4 Permit fees for all necessary City of Miami Beach agenCIes having
jurisdiction over this Project shall be waived by the City. Other permit fees shall
be paid by the City.
ARTICLE 6. COMPENSATION FOR SERVICES
6.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated
at a Lump Sum not to exceed fee as listed in Schedule "B" for Basic Services, which for
invoicing and tracking purposes, is based on the "Hourly Rate Schedule" presented in
Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar
days of receipt and approval of an acceptable invoice by the Project Coordinator. Note
that Payments shall be made in proportion to the Services satisfactorily performed so that
the payments for Basic Services for each Phase shall not exceed the progress percentage
noted in the Consultant's Progress Schedule, submitted with each invoice. No markup
shall be allowed on subcontracted Basic Services.
6.2 Additional Services authorized in accord with Article 4 will be compensated
using the hourly rates forth in Schedule "C". Request for payment of Additional Services
shall be included with the monthly Basic Services payment request noted in Article 6.1
above. All Additional Services must be approved by the Project Coordinator prior to
commencement of same, as noted in Article 4. Under no circumstances shall the "Not to
Exceed" amount noted in Schedule "B" be exceeded without prior written approval from
the Project Coordinator. No markup shall be allowed on subcontracted Additional
Services.
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6.3 Reimbursable Expenses, as defined in Article 5, shall be paid up to the "Not to
Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses
shall be included with the monthly Basic Services payment request noted in Article 6.
Proper backup must be submitted with all reimbursable requests. No markup or
administrative charges shall be allowed on Reimbursable Expenses.
6.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
6.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
6.4.2 Commencing on October 1, 2004, the Hourly Billing Rate Schedule
shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maximum increase
will be limited to three percent (3%).
6.5 No retainage shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
6.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit
billings on a monthly basis in a timely manner. These billings shall identify the nature of
the work performed; the total hours of work performed by employee category and the
respective hourly billing rate associated with the employee category from the Hourly
Rate Schedule as per Lump Sum Contract. In the event sub consultant work IS
accomplished utilizing the lump sum method, the percentage of completion shall be
identified. Billings shall also itemize and summarize Reimbursable Expenses by
category. Where written approval ofthe City is required for Reimbursable Expenses, a
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
copy of said approval shall accompany the billing for such Reimbursable. When
requested, Consultant shall provide backup for past and current invoices that records
hours for all Services by employee category and reimbursable by category.
6.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
6.8 Final payment of the Consultant upon Project completion must be approved by
the Mayor and City Commission.
ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS
7. Consultant shall keep such records and accounts and reqUIre any and all
Consultant and subconsultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project,
and any expenses for which Consultant expects to be reimbursed. All books and records
relative to the Project will be available at all reasonable times for examination and audit
by City and shall be kept for a period of three (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for City's disallowance of any fees or expenses based upon
such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS
8.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination ofthis
Agreement, or termination or abandonment ofthe Project.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
8.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
ARTICLE 9. TERMINATION OF AGREEMENT
9.1 Termination For Lack Of Funds. The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
9.2 Termination For Cause. The City may terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice from the City.
9.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise. In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
termination. "Additional Cost" is defined as the difference between the actual
cost of completion (per original contract) of such incomplete Services, and the
cost of completion of such Services which would have resulted from payments to
the Consultant hereunder had the Agreement not been terminated.
9.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 6 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 6.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
9.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
submittal of documents, as provided above.
9.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 6.
9.4 Termination By Consultant. The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
9.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
9.5 Implementation Of Termination. In the event of termination, either for cause
or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1)
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
for any that may be authorized, in writing, by the Project Coordinator, prior to their
occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the
performance of the Services terminated by the Notice of Termination; (4) promptly
assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, specifications, correspondence, and all other relevant
materials affected by the termination; and (5) complete performance of any Services as
shall not have been terminated by the Notice Of Termination, and as specifically set forth
therein.
9.6 Non Solicitation. The Consultant warrants that it has not employed or
retained any company or person, other than an employee working solely for the
Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay
any company or other person any fee, commission, gift or other consideration contingent
upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
ARTICLE 10 INSURANCE
10.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Pro fes sional Liability Insurance in the amount of One Million
($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000
per occurrence, $450,000 aggregate. Consultant shall notify City in writing within
thirty (30) days of any claims filed or made against the Professional Liability
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE NE CONTRACT
Insurance Policy.
(b) Comprehensive General Liability Insurance In the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
(c ) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida.
10.2 Consultant must give thirty (30) days prior written notice of cancellation or of
substantial modifications in the insurance coverage to the Project Coordinator.
10.3 Insurance must be furnished by an insurance company rated B+:VI or better, or its
equivalent, according to Bests' Guide Rating Book and must additionally be furnished by
insurance companies duly authorized to do business in the State of Florida and
countersigned by the company's Florida resident agent.
10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance
policies required above. City reserves the right to require a certified copy of such
policies upon request. All certificates and endorsements required herein shall state that
the City shall be given thirty (30) days notice prior to expiration or cancellation of the
policy.
ARTICLE 11. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and
employees, 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
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
by the Consultant in the performance of the Agreement. This Article 11, and Consultant's
indemnification contained herein, shall survive the termination and expiration of the
Agreement.
ARTICLE 12. VENUE
12. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
ARTICLE 13. LIMITATION OF LIABILITY
13.1 The City desires to enter into this Agreement only ifin so doing the City can place a
limit on City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount( s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768.28, Florida Statutes.
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1 The laws of the State of Florida shall govern this Agreement.
14.2 Equal Opportunity Emplovment Goals: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
14.3 Public Entity Crimes Act: In 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 bids or leases of real property to the City, may not be awarded or perform
work as a contractor, supplier, subcontractor, or subconsultant under a contract with the
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36
months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
debarment.
14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liabilityat its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
14.5 The Consultant represents that it has made and will make reasonable investigation
of all sub consultants to be utilized in the performance of work under this Agreement to
determine that they possess the skill, knowledge and experience necessary to enable them
to perform the services required. Nothing in this Agreement shall relieve the Consultant
of its prime and sole responsibility for the performance of the work under this
Agreement.
14.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by 10cal, state and national boards, bureaus and agencies as they reI ate to
this Project.
14.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE NE CONTRACT
14.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 15. NOTICE
15. All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Robert Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Jorge Chartrand
Capital Improvement Projects Director
Capital Improvement Projects Office
City of Miami Beach
1701 Meridian Avenue, Suite 201
Miami Beach, Florida 33139
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
All written notices given to the Consultant from the City shall be addressed to:
Gavin McMillan
Hargreaves Associates, Inc.
118 Magazine St
Cambridge, MA 02139
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorize officers and principals, attested by their
respective witnesses and City Clerk on the ear first hereinabove written.
Attest
t&J ~Md~
MAYOR
CITY CLERK
Attest
CONSULTANT
HARGREAVES ASSOCIATES, INC.
~
~:~~
APPROVED AS TO
FORM & LANGUAGI
& FOR EXECUTION
.~.. A .JlS
~(Y .....--
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SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE NE CONTRACT
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND
HARGREAVES ASSOCIATES
SCOPE OF AlE CONSULTANT SERVICES
30
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT:
HARGREAVES ASSOCIATES
Program Background
The City of Miami Beach (CITY) has developed its multi-million dollar, multi-year "Planned
Progress" Capital Improvement Program to rebuild the City's existing roads, infrastructure,
utilities, parks and facilities, and to build new capital projects where they are needed. The
Program will dramatically improve the quality of life of the City's residents and complement the
enormous amount of private reinvestment that has taken place in the City. One of the projects
included in the "Planned Progress" program is the South Pointe Park Improvement Project.
Project Background
Since the City's Parks Bond Master Plan was issued n 1995, there have been various efforts to
consider and plan improvements to South Pointe Park. Because of ongoing dramatic land use
and demographic changes in the immediate area around the Park, the planning of these
improvements has been delayed. The recent agreement between the City and the private
landowner adjacent to the park provides for a transfer of approximately two additional acres to
the Park. Now that the final configuration of the Park has been determined, and that the final
development of the land surrounding the Park has been determined, this is an optimal point to
begin designing the final South Pointe Park Improvement Project. In addition, the successful
2004 County G.O. Bond referendum added another $5 million dollars to the Park Project
resulting in a total Project budget of $10.2 million dollars. Of this, the Target Construction
Budget is approximately $8 million.
The City has undertaken a competitive consultant selection process that has resulted in the
selection of Hargreaves Associates as the CONSULTANT which will provide the necessary
services outlined in this Scope of Services.
At this time the Scope of Services for the Planning of the South Pointe Park Improvement
Project includes the following: Provide the planning, urban design, architecture, landscape
architecture, and engineering services required to identify and plan comprehensive
improvements to the City of Miami Beach's South Pointe Park. Anticipated improvements
include landscaping, irrigation, recreational areas, walkways, rest rooms, signage, support
structures, parking, lighting, seawall improvements, bay walk, water features,
natural/historic/maritime information interpretive features, and concession areas and appropriate
accessory park commercial uses and any other Park elements or public facilities determined to
be required or desired by the City during the planning process.
The CONSULTANT will collaborate with an artist to identify opportunities to place passive and
interactive art elements that will be a significant component of the Project.
In identifying optimal Park improvements, the CONSULTANT will consider improvements
described in the 1995 "City of Miami Beach Parks Master Plan" and those identified in
community workshops previously held by the City on the Project. The professional services
provider will also undertake original planning and design analysis and hold additional community
workshops to identify all potential improvements and determine those to be implemented. An
optimal master plan of improvements shall be identified in a Basis of Design Report (BOOR). It
is required that this BOOR will be completed by July 28, 2005 to enable the City to potentially
take advantage of the City's agreement with the adjacent property developer to design and
construct the planned improvements at the cost of said improvements with no mark up.
The Park boundary shall include any or all of a substantial portion of the adjacent "Alaska
parcel" property, consisting of approximately 2 .:t acres and the unifying Washington Avenue
Extension that connects the park to the Alaska Parcel that is being contemplated for addition to
the Park as will be ultimately determined by the City. The scope of the Park improvements may
include any of the above-identified improvements on this additional Park area. Required
professional services will include any urban design services needed to successfully integrate
this additional park area into the existing Park, to establish optimal pedestrian connections both
within the Park and between the Park and the surrounding area, and to design Park
improvements in a manner that creates an optimal relationship between said improvements and
the surrounding urban fabric including built structures, open space, view corridors, roadways,
and pedestrian ways.
At this time, the Scope of Services for the Project is limited to the Planning Phase (Task 1), one
sub-task of the Design Phase (Task 2.1), and Reimbursable Expenses (Task 6) as identified
below. However, the CITY may at it's option within 60 days of the completion of the Basis of
Design Report, accept the CONSULTANT'S fee to extend the Scope of Services to include the
following:
· detailed design services,
. bidding and award services
· construction administration services.
Refer to Schedule B.
TASK 1 -PLANNING SERVICES
The purpose of this Task is to develop a concept plan that meets the City's functional
requirements, addresses community input, and stays within established schedule and cost
parameters.
The planning phase of the Project will include the following major tasks: (1) Project Kick -Off
Meeting; (2) Visioning Session to clarify project goals and confirm Project Budget; (3) Site
Reconnaissance Visit and Development of Design Concept Alternatives; (4) two Community
Design Workshops to provide residents the opportunity to participate in the planning process;
and (5) the preparation and presentation of a Basis of Design Report (BODR) for approval by
the Mayor and City Commission.
A final Basis of Design Report shall then be prepared summarizing the accepted design
concept, budget level cost estimate and implementation schedule as noted in Task 1.8. To
facilitate the implementation of a Public Information Program, CONSULTANT shall provide
electronic files of all project documents, as requested by CITY.
Task 1.1 - Proiect Kick-Off Meetina: CONSULTANT shall meet with CITY to review existing
planning documents and receive copies of available reference documents. CITY shall provide
general specific information regarding procedures and direction. Based on this meeting
CONSULTANT will schedule a reconnaissance visit of the Project site(s).
Del iverables:
. Attend Project kick-off meeting.
Schedule:
. Within 7 calendar days of Task 1 - Planning Phase Notice-to-
Proceed.
Task 1.2 - Proiect Site Reconnaissance Visit: CONSULTANT shall attend a reconnaissance
site visit. The site visit will be attended by CONSULTANT and CITY staff. The intent of this
task is to facilitate CONSULTANT's understanding of the project needs.
Based on the results of the site visit, CONSULTANT shall prepare 3 possible design strategies
that are responsive to the project program, budget and schedule.
The CITY has performed certain planning efforts that identified potential locations and types of
improvements anticipated. These efforts are summarized in the RFQ.
Deliverables:
- Attend reconnaissance project site visit.
Schedule:
. Within 14 calendar days of completion of Task 1.1 services.
Task 1.3 - Attend "Visioning" Session and Development of Concept Alternatives: After
conducting the Project site visit and developing design concept alternatives and cost estimates,
CONSUL T ANT shall attend a half-day "Visioning" session to be scheduled with representatives
of the CITY. The purpose of the "Visioning" session shall be to clarify Project goals to prepare
for the Community Design Workshops. Issues to be discussed shall include the proposed
alternatives, budget and schedule.
The CITY may also arrange meetings with Collaborative working Groups and utility
companies/agencies and the CONSULTANT shall attend and minute the meetings.
The CONSULTANT shall assemble a minimum of three graphic images identifying alternative
Project design concepts. At least two of the images shall present proposed improvements
possible under current budget limitations. The other image shall reflect additional levels of
potential improvements that may be possible should additional funding become available. In
addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, -15% as
defined by the American Association of Cost Engineers) for each alternative treatment indicating
opinions of probable cost. Estimates shall present costs by category types (Le. paving, lighting,
landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format.
Deliverables:
- Attend "Visioning" session with representatives from CITY.
- Develop three alternative design concepts.
- Develop "budget" level cost estimates for each concept.
Schedule
- Within 30 calendar days of Task 1.2 completion.
Task 1.4 - Review Meetina Prior to Community Desian Workshops: CONSULTANT shall
meet with applicable CITY Staff to ensure that any and all concerns regarding Project scope,
schedule and cost parameters are addressed prior to scheduling the Community Design
Workshops. CONSULTANT shall prepare and distribute meeting minutes, accordingly.
Deliverables:
- Meet with representatives of CITY during Tasks 1.1 through 1.3
work.
Schedule
- Through completion of Task 1.1 through 1.3 work.
Task 1.5 - Community Desian Workshops: Design workshops provide an opportunity for City
residents to participate in the planning process for projects in their respective neighborhoods.
To this end, a series of two (2) community workshops shall be conducted. CITY will schedule,
find locations for, and notify residents of all such meetings. CONSULTANT shall prepare all
materials for presentation at each workshop. At a minimum these shall include "full size"
graphics, a summary of cost estimates, workshop agendas, and requisite handouts of each.
CONSULTANT shall prepare draft meeting minutes and forward them to the CITY who shall
finalize and distribute accordingly. Each workshop is intended to address specific design issues
as follows:
Task 1.5.1 Community Design Workshop No. 1 - The first workshop is intended to
provide community residents with a review of the proposed Project scope, budget and
schedule and create a consensus plan with community concurrence. CONSULTANT
shall prepare full size presentation graphics illustrating the Site Analysis Maps and
Design Concept Alternatives developed under Tasks 1.2 and 1.3. As previously noted,
the alternatives shall present proposed improvements possible under current budget
limitations. In addition, graphics shall be prepared presenting a summary of probable
costs for the various improvements and the workshop agenda. "Budget" level cost
estimates shall be +30%, -15% as defined by the American Association of Cost
Engineers. Based on this data, CONSULTANT shall present the preliminary planning
information to attendees. CITY Staff will also attend these meetings, and assist
CONSULTANT with responses to resident questions, as applicable. CONSULTANT
shall note reasonable design revision requests from residents for review and
incorporation into the proposed plan. Due to the fixed nature of Project funding, budget
limits must be adhered to. CONSULTANT shall be prepared to discuss budgets and the
various impacts of resident requested revisions on such, accordingly.
Deliverables:
- Prepare materials, attend and conduct Community
Design Workshop NO.1
Schedule:
- Within 30 calendar days after completion of Task 1.3
Task 1.5.2 Community Design Workshop No.2 - The second workshop is intended to
present community residents with the selected design concept, budget and schedule
based on the input received during Workshop No. 1. CONSULTANT shall prepare full
size presentation graphics illustrating the selected design concept, along with a
summary of probable costs for the improvements and the workshop agenda. The
selected design concept shall be presented and shall illustrate proposed improvements
possible under current budget limitations. "Budget" level cost estimates shall be +30%, -
15% as defined by the American Association of Cost Engineers. Based on this data,
CONSULTANT shall present the information to attendees. CITY Staff will also attend
these meetings, and assist CONSULTANT with responses to resident questions, as
applicable. CONSULTANT shall note that the design concepts presented during this
meeting are considered "near final" and CITY will consider only minor design revision
requests from residents for review and incorporation into the proposed plan.
Deliverables:
- Prepare materials, attend and conduct Community
Design Workshop NO.2
Schedule
- Within 30 calendar days of Community Design Workshop
No.1
Task 1.6 - Basis of Desio" Report (DRAFT): CONSULTANT shall prepare a draft Basis of
Design Report (BOOR) presenting the results of the Community Design Workshops and final
design concept plan. The BOOR will include a summary of findings and a Site Plan illustrating
all proposed improvements, inclusive of demolition, utilities, buildings, lighting and landscape.
Where required, CONSULTANT shall perform a study to determine the most desirable routing
for proposed underground improvements. The BOOR shall include sufficient detail in plans,
sections, notes and key descriptions to facilitate review by the various CITY permitting and
planning divisions discussed in Task 1.7.
The draft BOOR shall also include discussions and graphiCS illustrating:
· A Project implementation plan, inclusive of demolition, utilities, buildings,
landscape, lighting and landscape construction with a discussion of expected
impacts to the facility operations.
· A detailed description of all proposed improvements.
· A "budget" level cost estimate prepared in conformance with format approved by
CITY. Estimates shall be provided for both current phase and future (unfunded)
improvements. Based upon CONSULTANT's cost estimate, CITY shall advise
CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise
BOOR to reflect such issues accordingly.
· A schedule for implementing the Project itemized phase by phase (design, bid,
award, and construction) including critical issues and the time period allowed for
resolving each issue. The schedule shall be prepared in "Primavera Project
Planner, Version 3.0" format, SureTrak, or other format specified and provided to
the CITY.
. Discussion regarding permitting authorities having jurisdiction over Projects and
provide a list of permits typically retained by the City, as Owner, and/or the
Contractor. Unique and/or special permitting requirements shall be identified as
well as permitting fees.
Oeliverables:
- Prepare 25 copies of the draft BOOR.
Schedule:
. Within 45 calendar days from completion of Community
Design Workshop NO.2.
Task 1.7 - Review of BOOR with CITY Divisions: CONSULTANT shall meet to present and
review the draft BOOR with the following review agencies:
. City of Miami Beach Departments, to include representatives of the Fire, Police,
Planning, Parking, Building Department, Parks Department, Public Works.
. City of Miami Beach Planning Review Board if necessary
. City of Miami Beach Design Review Board
. City of Miami Beach City Commission
CITY shall attend review meetings and assist CONSULTANT, as practicable, in obtaining
approvals from noted review agencies by participating in negotiations with such authorities.
CONSULTANT retains final responsibility for obtaining approval of all required applications, and
for making agency required revisions to obtain necessary approvals. It is recognized by CITY
that the various agency's review time and assessments based on interpretation are beyond the
control of CONSULTANT, except for issues concerning the acceptability of the proposed design
concepts and Consultant's ability to respond to review agency comments. CONSULTANT shall
address and respond to comments received from the various reviews in writing, and implement
requested revisions into the draft BOOR, as directed by CITY, within fourteen (14) calendar
days of receipt of comments, unless agreed to otherwise with CITY. CONSULTANT shall draft
meeting minutes and forward them to CITY, who shall finalize and distribute accordingly.
Deliverables:
. Attend BOOR review meetings with noted committees.
- Prepare draft meeting notes.
- Address comments and revise BOOR accordingly.
Schedule:
- Within 30 calendar days of draft BODR completion.
Task 1.8 . Final Basis of Desion Report: CONSULTANT shall prepare a final BODR based on
comments and revisions implemented during the reviews with the various CITY Divisions. The
final BOOR will serve as the basis for development of detailed design documents as discussed
in Task 2.
Deliverables:
. Prepare 25 copies of a final BODR.
Schedule:
- Within 30 calendar days after completion of reviews
noted in Task 1.7.
TASK 2 -DESIGN SERVICES
The purpose of this Task is to prepare of contract documents for the Project. Only one sub.
task of this Task, Task 2.1 . Field Verification of Existing Conditions, is included in this
Scope of Services. Task 2.1 requires that CONSULTANT perform a variety of forensic tasks
to verify, to the extent practicable, existing conditions and the accuracy of base maps as
required to successfully complete the Planning Phase.
To facilitate the implementation of a Public Information Program, CONSULTANT shall provide
electronic files of all Project documents, as requested by CITY.
Task 2.1 . Field Verification of Existino Conditions: CONSULTANT shall perform a detailed
topographic survey of the existing Project areas to be impacted by construction activities under
the scope of this Project. The survey shall be performed by a Certified Land Surveyor in the
State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6,
FAC. All survey files shall be prepared in AutoCAO Version 14 format with a layering system as
approved by CITY. As a minimum, the survey shall address the following:
. Topographic survey shall consist of establishing a baseline with 100-foot stations,
and identify sectionalized land corners. Baseline of survey shall be tied into the
sectionalized land monuments.
. CONSULTANT shall set benchmarks at convenient locations within the Project site
to be used during both the design and construction phases of the Project. At a
minimum, permanent benchmarks shall be set at corners of the Project site.
CONSULTANT shall tie-in at least two existing County benchmarks. The
benchmarks shall be derived from existing government benchmarks and be carried
into the proposed system using Second Order, Class II procedures. A full listing of
benchmark locations shall accompany the survey data.
. CONSULTANT shall locate and identify all the existing surface improvements ;
topographic features that are visible within the Project site, such as the following:
~ Existing valve boxes, water; electrical meter boxes, electrical pull boxes,
telephone; cable risers, fences, hydrants, roof drains, etc.
~ Aboveground and underground utilities, invert elevations of accessible
underground utilities, wood ; concrete utility poles, culverts, guardrails,
pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways,
side streets, trees, landscaping, traffic signage and any other noted
improvements. Survey shall identify fence material; height, landscaping plant
materials and driveway construction materials. Landscaping materials with a
trunk diameter greater than 6 - inches in diameter shall be identified.
~ All buildings including overall dimensions and finished floor elevations.
. Survey limits shall include the entire Project site and an additional overlap of 10 feet
on either side of the property line.
. Topographic survey; base map shall be prepared in AutoCAD version 14.0 and
submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36-inch bond
paper to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World
Coordinate System. Text size shall be 100 leroy for a final product at 1=20 units.
. Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to the following agencies
with a request to mark ; identify their respective utilities on the survey base map.
CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of
all underground utilities. CONSULTANT shall incorporate utility owner markups; edits into its
survey base map file. CONSULTANT shall contact the following entities and request that they
each verify locations of their existing improvements in the affected areas:
. Florida Power and Light
. BellSouth
. Charter Communications
. Natural Gas Utility
. Miami-Dade Public Works Department
. Miami-Dade Water and Sewer Authority
. Others as deemed necessary by the City
Based on the collected data, CONSULTANT shall develop base plans showing the existing
conditions of the Project site which will be used both in the Planning Phase covered by this
Agreement and, if applicable, in the subsequent design phases of the Project (as may be
negotiated, if at all, in a future agreement between CITY and CONSULTANT for design and
construction phase services). The site plans shall include an overall key map and partial plans
scaled at 1-inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the
site plans based on available planning documents provided by CITY. A subsequent review shall
be scheduled with CITY staff to determine locations where additional field verifications, via
"Soft-Dig" underground identification services, may be implemented. As a minimum, a $5,000
underground improvements verification budget allowance shall be included under this Scope of
Services. Unused amounts in this allowance shall be credited back to the CITY upon completion
of the Services contemplated in this Agreement.
CONSULTANT shall prepare final site plans based on the information gathered herein. Copies
of base maps shall be distributed to CITY.
Deliverables:
. Perform forensic work as noted to develop final base
maps. Deliver five (5) sets of site plans to the CITY.
Schedule:
- Task shall be performed concurrently with Task 1and will
be completed within 90 working days of the issuance of
Notice to Proceed for Task 1 which will include
authorization to proceed with this Task.
TASK 6 - REIMBURSABLES
Task 6.1 - Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports,
contract documents and miscellaneous items, as may be requested by CITY. An allowance of
$6,150 has been allocated to this project. Unused amounts in this allowance shall be credited
back to the CITY at the completion of the project.
Task 6.2 - Travel and Subsistence:
Not Allowed.
Task 6.3 - Survevina:
CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a
topographical survey of the project limits which meets the requirements of sub-task 2.1.
CONSULTANT's compensation shall be a reimbursement of actual costs. CONSULTANT shall
solicit no fewer than 3 proposals from properly licensed and qualified surveyors, recommend the
desired firm, and receive approval from the CITY prior to engaging the surveyor. CITY will pay
for actual survey cost.
Task 6.4 - Geotechnical Evaluation
CONSULTANT and CITY shall jointly determine if any geotechnical evaluations need to be
undertaken to properly complete the Project Planning Phase. If such evaluations are required,
CONSULTANT will identify the kind and quantity of evaluations needed and assist the CITY in
obtaining said evaluations. No allowance for the cost of any said evaluations is included in the
CONSULTANT COMPENSATION portion of this AGREEMENT. If it is determined that the
best method of obtaining any required evaluations is to have the CONSULTANT procure them,
CITY and CONSULTANT will negotiate the required additional Reimburseable Expenses and
amend this AGREEMENT as required.
Task 6.5 - Underaround Utility Verification: CONSULTANT shall employ the services of an
underground utility location service in an effort to better identify existing underground conditions
where work is to be performed. Actual locations shall be as directed by CONSULTANT. Cost
shall be limited to a $5,000 not-to-exceed amount. Unused amounts in this allowance shall be
credited back to the CITY at the completion of the project.
Task 6.9 - Desian Sub Consultants:
CONSUL TANT shall arrange for and coordinate the efforts of design sub consultant expertise
as such expertise is needed and determined by the evolution of the project program
requirements and/or site conditions. A not-to-exceed fee amount of all such design sub
consultant costs is included in Schedule B to be drawn upon as needed. CONSULTANT's
compensation shall be a reimbursement of actual costs for design sub consultants.
Minimum Drawina Reauirements
The composite set of drawings to be produced shall contain sufficient information and detail to
clearly define all proposed improvements in terms of quantity, quality and location. All drawings
and details shall be to a scale sufficient to be legible. The CONSULTANT shall propose a
drawing list to be reviewed and approved by the CITY.
Site Plans
Existing Conditions - Site Survey - to include property lines, sidewalks, pavement, landscaping,
existing site improvements and buildings, fencing, lighting, overhead and underground utilities,
and dimensions of buildings, pavement areas, fencing, etc.
Demolition - Clearly depict existing conditions to be demolished or modified.
Proposed Improvements - Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting, utility
modifications, replacements, and additions, etc.
Enlarged Site plans - Where necessary to clearly define Project requirements, provide enlarged
site plans for specific areas of improvement.
Buildina Drawinas
All buildings to be renovated or constructed shall be detailed in the Project drawings in sufficient
detail to clearly and thoroughly depict the intended improvements or modifications.
SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND HARGREAVES ASSOCIATES
ITEMIZED SCHEDULE OF COMPENSATION
31
SCHEDULE B
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
ITEMIZED SCHEDULE OF COMPENSATION
I f L.\r,'W,C SeRVICeS
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TASK DESCRIPTION
J., P~9J~CT KICK-OFF MEETING
1.1.1 Attend kick off meeting with City
1.1.2 Review reference material from City
C9H. VISIT & DEVELOPMENT OF PLANNING
CIES
1.2.1 Visit site with City
Review with City possible planning strategies
Undertake site analysis - physical feature conditon
U.~de~ake user survey - 24hrweekday & 24hr we~kend day
13. MSJClNINC' SESSION Ilc. DEVElOPMENTOFCONC;EPTS
Research & review reference material unavailable from City
Prepare material for session
1.3.2 Attend half.day session with City
Attend meeting with Collaborative group
Minute agreed scope, schedule & cost goals
Facilitate design subconsultant charratte
Meet with Utility Companies/Agencies
1.3.3 Development of (3) three design concept alternatives
1.3.4 Develop budget level cost estimate for each alternative
K5:~~INCPRIORTOCO~~UNITY~E51(jN
Attend meetings with City and review (3) concept alternatives
& costs
Minute agreed scope, schedule & cost goals for workshops
Build working model to scale
Refi~e workshop presentation materials
J;$ COMMUNITYPES1GN WORKSHOPS
1.5.1 Conduct Workshop #1 - (3) options for discussion
Minute issues from workshop
Attend meeting with regulatory agencies
Refine design based on results
Modify working model to scale
Refine workshop presentation materials
1.5.2 Conduct Workshop #2. prefered option for discussion
Minute issues from workshop
R~~~edesign based ~n results
i.iH . eA$ISOF DESIGNREPQRT (draft)
Prepare analysis plans
Prepare concept plans
Show demolition, utilities
Show building/structures
Show landscape, lighting
Prepare phasing plans
Prepare text & graphics
Prepare schedule & estimate & phasing
Prepare permitting strategy
Facilitate design subconsultant review & input
.'~~~AI~A$I~eb):bESICN REPORT (Draft) \IIltl-l('l"("(
';:7 PIVISIQNS
(1) Mtg. W / Planning, Parking, Building. Parks, Works, Fire
Police
(1) Mtg. W / Design Review Board
(1) Mtg. W/ City Commission
Minute issues from meeting
Agree on changes to report and if additional meetings are
~~~~.ired
t...m: ;eA$tSOf'OESIGNREPdIlT (final)
Make changes to report
Final review of report
kaflreaves associates
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8 8 24 16 56 $6,880
8 8 16
8 8 16
8 24 32
8 8 16 24 56 $5,640
8 8 24 16 56 $5,800
4 4 8 $1,080
8 8 16 $2,160
1 1 $95
16 16 32 $4,320
4 4 8 $1,080
8 32 16 40 40 136 $16,840
16 8 16 16 56 $43,455
6 6 6 18 $3,570
1 1 $95
1 32 32 65 $5,615
4 40 40 40 124 $15,100 $24,380
4 8 8 8 28 $4,060
1 1 $95
4 4 8 $1,080
4 24 16 40 40 124 $14,140
1 8 16 25 $2,135
16 16 16 48 $5,520
4 8 8 20 $3,460
1 1 $95
4 24 16 24 24 92 $11 $42,005
1 16 16 33 $2,895
1 16 16 34 $3,220
1 16 16 33 $2,895
1 16 16 33 $2,895
1 16 16 33 $2,895
4 16 16 36 $3,420
32 16 40 40 50 178 $16,740
8 8 8 8 32 $3,680
4 4 8 $1,080
4 16 16 36 $5,620
8 16 16 40 $4,120 $49,460
4 4 8 $1,080
4 4 8 $1,080
4 4 4 12 $2,380
2 2 $190
2 2 $865 $5,595
8 32 32 72 $6,840
2 2 8 8 20 $2,360 $9,200
12/22/2004
SCHEDULE B
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
ITEMIZED SCHEDULE OF COMPENSATION
2 DESIGN SERVICES
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TASK DESCRIPTION
2.1 FIELD VERIFICATION OF EXISTINGCONDITlOJIIS
Set requirements & hire surveyor
Survey
Review draft survey
Revise draft survey with Utility Companies/Agencies input
Review with City need for "soft dig" subsurface investigation
"Soft dig" if necessary
Complete sealed survey
6 OTHER DIRECT COSTS
6.1 REPRODUCTION SERVICES
6.3 SURVEYING ALLOWANCE
6.5 UNDERGROUND UTILITY VERIFICATION ALLOWANCE
SUBCONSULTANT ALLOWANCE -local landscape architect
SUBCONSULTANT ALLOWANCE - architect
SUBCONSULTANT ALLOWANCE - civil engineer
SUBCONSULTANT ALLOWANCE. marine engineer
SUBCONSULTANT ALLOWANCE - environmental/ecologist
SUBCONSULTANT ALLOWANCE -lighting designer
SUBCONSULTANT ALLOWANCE - playground designer
TOTAL HOURS
TOTAL FEE ESTIMATE
Houriy Ratcs
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2 5 7 $825
1 1 $175
$175
0 $0
1 $175 $1,700
$6,150
$60,000
$5,000 $71,150
46 380 104 651 488
$14,950 $66,500 $11 ,960 $61,845 $36,600
$325 $175 $115 $95 $75
12/22/2004
$17,000
$15,000
$5,000
$5,000
$8,000
$8,000
$5,000 $63,000
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$2,500 $194,355
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SCHEDULE B
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
SCHEDULE OF COMPENSATION - FUTURE AMENDMENT OPTION
Project Budget
Construction Bid Cost
Construction Continguency
Escalation Contingency
Planning & Design Consultant Services
Topa survey
Soft Dig Allowance
Geotechnicalf Studies Allowance
Project Total Budget
Planning & Design Consultant Services
Planning for $8M to $12M budget
Design for $8.4M budget
Bidding & Award for $8.4M budget
Construction Administration for $8.4M budget
Total Consultant Planning & Design Services
Total Consultant Contract
Total
Consultant's Consultant's Design
Planning Contract Contract Amendment
Value as Option *
$8,000,000
$800,000 10%
$160,000 2%
$1,070,000 13%
$60,000
$5,000
$105,000
$10,200,000
$60,000
$5,000
$105,()()()
$263,505
$538,995
$21,400
$246,100-
25%
50%
2%
23%
$263,505
$538,995
___~___ $21,400
_~_~____$246,loo
$1,070,000 100%
$328,505
$911,495
Topo surveY~
. . Soft Dig Allowance- r Geotechnicall Studies
Planning & Design /' Allowance
Consultant Services --_______~~
Escalation Contingency________
Construction _____
Continguency
Construction Bid Cost
* Option is valid up until 60 days after completion of Basis of Design Report
harpaves associates
12/22/2004
SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE AlE CONTRACT
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND HARGREAVES ASSOCIATES
HOURLY BILLING RATE SCHEDULE
32
SCH EDU LE C
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
HOURLY BILLING RATE SCHEDULE
Classification Hourly Billing Rate
Principal I Design Director $325.00 per hour
Principal I Project Manager $175.00 per hour
Sr. Landscape Architect $115.00 per hour
Associate $95.00 per hour
Design Staff I $75.00 per hour
Design Staff II $60.00 per hour
Clerical $50.00 per hour
harare_yes associates
12/22/2004
SOUTH POINTE PARK IMPROVEMENT PROJECT PLANNING PHASE NE CONTRACT
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND HARGREAVES ASSOCIATES
PROJECT SCHEDULE
33
SCHEDULE D
CITY OF MIAMI BEACH, FLORIDA
SOUTH POINTE PARK IMPROVEMENT PROJECT
PROJECT SCHEDULE
1.1 PROJECT KICK.QFF MEETING
1.1.1 Attend kick off meeting with City
1.1.2 Review reference material from City
1.2 SITERECON. VISIT & DE\iElOPM.ENTOFPlANNINGSTRATEGIES
1.2.1 Visit site with City
Review with City possible planning strategies
Undertake site analysis - physical feature conditon
Undertake user survey - 24hr weekday & 24hr weekend day
1.3 "VISIONING" SESSION &OEVElOPMENTOFCONCEPTS
Research & review reference material unavailable from City
Prepare material for session
1.3.2 Attend half-day session with City
Attend meeting with Collaborative group
Minute agreed scope, schedule & cost goals
Facilitate design subconsultant charratte
Meet with Utility Companies/Agencies
1.3.3 Development of (3) three design concept alternatives
1.3.4 Develop budget level cost estimate for each alternative
1.4 REVIEW MEETING PRIOR TO COMMUNITY DESIGNWORK$HOP$
Attend meetings with City & review (3) concept alternatives & costs
Minute agreed scope, schedule & cost goals for workshops
Build working model to scale
Refine workshop presentation materials
COMMUNITY DESIGN WORKSHO",S
1.5.1 Conduct Workshop #1 - (3) options for
Minute issues from workshop
Attend meeting with regulatory agencies
Refine design based on results
Modify working model to scale
Refine workshop presentation materials
1.5.2 Conduct Workshop #2 - prefered option for discussion
Minute issues from workshop
Refine design based on results
1.6 BASIS OF DESIGN REPORT (draft)
Prepare analysis plans
Prepare concept plans
Show demolition, utilities
Show building/structures
Show landscape, lighting
Prepare phasing plans
Prepare text & graphics
Prepare schedule & estimate & phasing
Prepare permitting strategy
Facilitate design subconsultant review & input
Make changes to report
1.7 flE\llEWOFBA51S OF DESIC;NflEPOflT (Draft) WITH CITY
(1) Mtg. W / Planning, Parking, Building, Parks. Works, Fire & Police
(1) Mtg. W/ Design Review Board
(1) Mtg. W/ City Commission
Minute issues from meeting
Agree on changes to report and if additional are required
1.8 BAStS OF DESIGN REPOflT(final)
Make changes to report
Final review of report
I
2.1 FIELD VERIFICATION OF EXISTING CONDITIONS
Set requirements & hire surveyor
Survey
Review draft survey
Revise draft survey with Utility Companies/Agencies input
Review with City need for "50ft dig" subsurface investigation
"Soft dig" if necessary
Complete sealed survey
* Schedule assumes notice to proceed early January 2005
hargreaves associates
. trip 3
.
.~
. trip 6
. 21st June trip 7
. 28th June trip 8
12/22/2004