HomeMy WebLinkAboutSTA Architectural Group Agreement
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
STA ARCHITECTURAL GROUP
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E)
SERVICES
FOR THE
10TH STREET AUDITORIUM/BEACH PATROL HEADQUARTERS
PROJECT
MAY, 2006
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TABLE OF CONTENTS
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 Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
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ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
BASIC SERVICES
Planning Services
Design Services
Bidding and Award Services
Construction Administration Services
Additional Services
Responsibility for Claims and Liabilities
Time
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination for lack of Funds
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
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ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE 15. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULE B CONSULT ANT COMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULE D PROJECT SCHEDULE
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
ST A ARCHITECTURAL GROUP
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
FOR THE
10TH STREET AUDITORIUM/BEACH PATROL HEADQUARTERS PROJECT
This Agreement made and entered into this ~ day of May , 2006, 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 STA ARCHITECTURAL GROUP, a Florida
corporation having its principal office at 3526 North Miami Avenue, Miami, Florida
33127(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", and
wishes to engage the Consultant to provide architecture, landscape architecture, and/or
engineering services for the Proj ect 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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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 the REQUEST
FOR QUALIFICATIONS NO. RFQ No. 41-99/00 FOR ENGINEERING, URBAN
DESIGN, AND LANDSCAPE ARCHITECTURE SERVICES REQUIRED FOR THE
PLANNING, DESIGN, BID AND A WARD, AND CONSTRUCTION
ADMINISTRATION OF THE 10TH STREET AUDITORIUM/BEACH PATROL
HEADQUARTERS 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 CONSULTANT: The "Consultant" is herein defined as STA Architectural
Group, a Florida corporation having its principal offices at 3526 North Miami Avenue,
Miami Florida 33127. 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 sub consultants retained by Consultant pursuant
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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:
Survey Consultant: Coastal Systems International
Structural Engineer: Hector De Los Reyes, P.E.
Electrical Engineer: C& W Engineering
Mechanical Engineer: C& W Engineering
Landscape Architect: Savino Miller, Inc.
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 PROGRAM MANAGER: The City has contracted the services of Hazen and
Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure
Improvements Program (Program), of which this Project is a part. Hazen and Sawyer will
function as a representative of the City in performance of its Program Management role,
as detailed in Schedule "A" entitled "Scope of Services", attached hereto. (this section is
deleted from the Project)
1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, bidding/award, and construction
administration for the Project, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services" attached hereto.
1.9 PROJECT: The "Project" shall mean the City Capital Project that has been
approved by the City Commission and as described in Schedule "A" attached hereto.
1.9.1 PROJECT COST: The "Project Cost", as established by the City,
shall mean the total cost of the Project to the City including: Construction Cost,
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professional compensation, land cost, if any, financing cost, materials testing
services, surveys, contingencies and other miscellaneous costs.
1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description
of the Project contained in Schedule A attached hereto.
1.10 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 designed or specified by the Consultant and approved by the City, including, at
current market rates (with a reasonable allowance for overhead and profit), the cost of
labor 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. For Work not constructed, the Construction Cost shall be the
same as the lowest bona fide bid or competitive bid received and accepted from a
responsible bidder or proposer for any and all of such Work.
1.10.1 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" attached hereto.
1.10.2 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. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest
Statement of Probable Construction Cost. The City shall have the right to verify
the Statement of Probable Construction Cost or detailed cost estimate by the
Consultant.
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1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement 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.
1.12 CONTRACTOR / CONTRACTORS: "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
supplies and equipment identified in the bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Contract for Construction;
Conditions of the Contract for Construction (General, Supplementary, and other
Conditions); Construction Documents; and addenda issued prior to execution of the
Contract for Construction. A Modification is one of the following: (1) written
amendment to this Agreement or the Contract for Construction signed by both parties; (2)
an approved Change Order; (3) a Construction Change Directive; or (4) a written order
for a minor change in the Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a
legally binding agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2.2 and Schedule "A" attached hereto.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
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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 if they 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.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.18 WORK: "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Documents, whether completed or partially
completed, and includes labor and materials, equipment, and services provided, or to be
provided, by the Contractor to fulfill its obligations.
1.19 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.
1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this
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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
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 - Proj ect Schedule.
1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
described in Schedule "A", together with the Basic Services and any Additional Services
approved by the City, as described in Articles 2 and 5, 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 five Tasks (inclusive of planning, design,
bidding/award, construction administration and additional services) as described in
attached Schedule A "Scope of Services".
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The Consultant shall coordinate with subconsultants 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
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 shall insert the provisions of all required codes into the Contract
Documents.
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 it Contract Documents.
2.1 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" entitled
"Scope of Services".
2.2 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2.1, Consultant shall
prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of
Services" .
2.3 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A"
entitled "Scope of Services".
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2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted m attached
Schedule "A" entitled "Scope of Services".
2.5 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as
noted in attached Schedule "A" entitled "Scope of Services".
2.6 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.
2.7 TIME: It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
2.7.1 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.
2.7.2 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
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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.
2.7.3 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 Contractor(s), and others
that have been contracted to perform Services and / or Work pertaining to the
Project. While the Services to be provided by Consultant under this Agreement
will be provided under the general direction of the City's Program Coordinator, it
is the intent of this Agreement to allow the Consultant to coordinate the
performance of all design and construction administration to the extent such
coordination by the Consultant is permitted by the contracts for the design and
construction administration.
2.7.4 It is further the intent ofthis 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.
2.7.5 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 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 City's Program Coordinator. Consultant will
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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.
2.7.6 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.
2.7.7 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.
2.7.8 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 judgment 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.
2.7.9 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.
2.7.10 Consultant agrees to employ and designate in writing, within five (5)
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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 ofthe 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 waivable by the City at its discretion.
2.7.11 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 or without stating its cause.
2.7.12 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
judgment to advise City regarding resolution of each such conflict.
2.7.13 Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without City's prior written consent, or unless
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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-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.
2.7.14 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 1.16,
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.
2.7.15 Consultant shall establish and maintain files of documents, letters,
reports, 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.
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2.7.16 It is further the intent ofthis 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.
2.7.17 In the event Consultant is unable to timely complete the Project because
of delays resulting from untimely review by City or other governmental
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.
2.7.18 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 the 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
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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 1.16 requirements, including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
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
that the 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
City's Request for Qualifications 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. Additional Services 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 original level of effort and
deemed included as a Basic Service herein.
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3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A.
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.
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.
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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 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
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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 the
attached Schedule "A" entitled "Scope of Services".
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. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shall not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City Commission approval by
passage of an enabling resolution and amendments to the appropriate agreements relative
to the Project, prior to any modification of the Construction Cost. Provided further,
however, that even in the event of a Force Majeure, as defined in Article 1.11, the City
shall have no obligation to approve an increase in the Construction Cost Budget
limitations established herein, and, if such budget is exceeded, the City Commission may,
at its sole option and discretion, terminate this Agreement without any further liability to
the City.
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4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than
five percent (5%), the City Commission shall, at its sole discretion, have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the City, in order to
bring the bids within five percent (5%) ofthe Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 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, as provided in Schedule "C" with an "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.
5.2 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, subj ect to the City's right to previously
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approve any change in Consultants as set forth in this Agreement.
5.3 Additional Services may consist of the following:
5.3.1 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.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in the
Construction Documents, after commencement of the Construction Phase.
5.3.3 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.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as
otherwise expressly provided for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 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".
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6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the City Project Coordinator.
6.2.2 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.
6.2.3 Expenses for reproduction and the preparation of graphics for community
workshops
6.2.4 Fees for all necessary permits shall be paid directly by City.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed
in Schedule "B" for Basic Services, 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 City Project Coordinator:
Payments shall be made in proportion to the Services satisfactorily performed in each
Phase 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.
The City and the Consultant agree that the Consultant's fee will be $775,925, as detailed
in Schedule "B" and as approved by the City Commission on May 1 0, 2006 for the
provision of the services described in the Schedule "A" Scope of Services.
7.2 Additional Services authorized in accord w
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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 7.1 above.
All Additional Services must be approved by the Project Coordinator, in writing, prior to
commencement of same, as noted in Article 5. Under no circumstances shall the "Not to
Exceed" amount noted in Schedule "B" be exceeded without prior written approval from
the City Project Coordinator. No markup shall be allowed on subcontracted Additional
Services.
7.3 Reimbursable Expenses, as defined in Article 6, 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 7.
Proper backup must be submitted with all reimbursable requests. No markup or
administrative charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Proj ect or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 2006, 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%).
7.5 No retainage shall be made from the Consultant's compensation on account of sums
withheld from payments to Contractors.
7.6 Method of Billing and Pa)'TIlent. With respect to all Services, Consultant shall submit
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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. In the event subconsultant 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 of the City is
required for Reimbursable Expenses, a 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.
7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
7.8 Final payment of the Consultant upon Project completion must be approved by the
Mayor and City Commission.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 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, pursuant to Chapter
119, Florida Statutes, shall be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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9.1 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 of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services" for additional requirements).
9.2 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 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to
allow continuation of its performance in accordance with the terms and conditions of this
Agreement. 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.
10.2 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.
10.2.1 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
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termination. "Additional Cost" is defined as the difference between the actual
cost of completion 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.
10.2.2 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 7 herein and the City shall have no further
liability for compensation, expenses or fees to the Consultant, except as set forth
in Article 7.
10.2.3 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.
10.2.4 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.
10.3 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 7.
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10.4 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.
10.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
10.5 Implementation of Termination. In the event of termination, either for cause or
for convenience, the Consultant, upon receipt ofthe 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.
10.6 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.
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ARTICLE 11. INSURANCE
11.1 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) Professional 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 Insurance Policy.
(b) Comprehensive General Liability Insurance III 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.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the Project Coordinator.
11.3 The 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.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
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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 12. 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
by the Consultant in the performance of the Agreement. This Article 12, and
Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 13. VENUE
13.1 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.
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ARTICLE 14. LIMITATION OF LIABILITY
14.1 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
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 15. MISCELLANEOUS PROVISIONS
15.1 The laws ofthe State of Florida shall govern this Agreement.
15.2 Equal Opportunity Emplo)'TIlent 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
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employees are treated during emplo)'TIlent 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.
15.3 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 sub consultant under a contract
with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
debarment.
15.4 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
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
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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.
15.6 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 local, state and national boards, bureaus and agencies as they relate to
this Proj ect.
15.7 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.
15.8 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 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Tim Hemstreet
City of Miami Beach
1700 Convention Center Drive
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Miami Beach, Florida 33139
With a copy to:
Jorge Chartrand
Acting Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
1701 Meridian Avenue, Suite 201
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Todd B. Tragash, AlA
STA Architectural Group
3526 North Miami Avenue
Florida 33127
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Attest
CITY OF MIAMI BEACH
~t fClAck
CITY CLERK
Robert Parcher
. ~,
~'.n
Vice-Mayor Jerry Libbin
Attest
CONSULTANT
STA ARCHITECTURAL GROUP
Co. I~A66:.L- TJZAG-4.Shl
/~e.aeT~Q.~
c/H~
Signature, SCG~daJ..9
'P$Lit~ \ 0 c.~'"
Print Name
Print Name
APPROVED AS TO
FORM & LANGUAGE
& F EXECUTION
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SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING
ENGINEERS. INC
SCOPE OF SERVICES
Please refer to attached schedule.
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SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING
ENGINEERS. INC
CONSULTANT COMPENSATION
Please refer to attached schedule.
35
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10th Street AuditoriumlBeach Patrol Headquarters
May 10, 2006
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING
ENGINEERS INC.
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billinl! Rate (FY 2006/2007)
Principal $ 200.00 per hour
Proj ect Manager $ 150.00 per hour
Sr. Engineer / Architect $ 125.00 per hour
Engineer / Architect $ 100.00 per hour
CADD Operator/Drafter $ 75.00 per hour
Clerical $ 50.00 per hour
36
10th Street AuditoriumlBeach Patrol Headquarters
May 10,2006
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND STA ARCHITECTURAL GROUP
PROJECT SCHEDULE
Task
Description:
Working days after
Notice to Proceed
1 Planning Services 145 Days
2 Schematic Design Services 90 Days
3 Design Development Services 180 Days
4 Bidding and Award Services 90 Days
5 Construction Administration Services 270 Days
6 Additional Services Upon Request
7 Reimbursables N/ A
The above durations include, in working days, the response time of the City and the Contractor.
37
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
10TH STREET AUDITORIUM/BEACH PATROL HEADQUARTERS
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT:
STA Architectural GrouD
BACKGROUND
On May 16, 2001, the Mayor and City Commission authorized the Mayor and City Clerk to
execute a professional services agreement with the firm of STA Architectural Group (STA) in the
amount of $63,000, for a Master Plan and Project Study, in addition to the architectural and
engineering services for the rehabilitation and restoration of the 10th Street Auditorium/Beach
Patrol Headquarters. The Master Plan was completed in June 2002.
Subsequent to the completion of the Master Plan, replacement of the entire roofing system, and
miscellaneous repairs to the facility were completed. With the allocation of additional funding in
the Miami-Dade County 2004 General Obligation Bonds approved by the voters on November 2,
2004, the City wishes to undertake a full scale renovation of the facilities previously envisioned
but not completely funded.
The Project is located east of the intersection of 10th Street (Barbara Capitman Way) and Ocean
Drive, bounded on the east by Lummus Park and the Ocean, and on the west by Ocean Drive.
The 10th Street Auditorium/Beach Control Headquarters facility currently houses the offices of
the Miami Design Preservation League (MDPL), Exhibit Spaces, the Art Deco District Welcome
Center, and the Beach Patrol Headquarters office. The primary objective of the Master Plan
was to determine the extent to which the existing Beach Patrol Headquarters and 10th Street
Auditorium buildings would retain their Art Deco, and Miami Modern (MiMo) historic characters
respectively, while meeting the programmatic requirements.
The 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Project proposes to
improve both buildings while preserving their historic integrity, re establish the 10th Street axis
as the main entry to the park, and to add new spatial requirements to the Miami Design
Preservation League (MDPL), Beach Patrol Headquarters, and public restroom facilities. In
addition, landscape and irrigation, lighting improvements, pedestrian circulation in the
immediate vicinity of the buildings, and the serpentine walk from 5th Street to 14th Lane will be
addressed.
Page 1 of 28
Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
SCOPE OF SERVICES
The Consultant shall provide the Architectural, Engineering, Landscape Architectural, Planning,
Surveying, and Environmental Services necessary to construct the 10th Street Auditorium/Beach
Patrol Headquarters and Serpentine Walk (the Project), located east of Ocean Drive at 10th
Street. The CONSULTANT's level of effort contemplates the planning and design of the two (2)
facilities including site amenities that will satisfy the program requirements for the beach patrol
auditorium, welcome center, administrative offices, assembly/exhibit, archive/library, restrooms,
storage and support spaces. The Work will include the planning, design, permitting, bid and
award, and construction administration of the Project. The consultant will study the site to
determine its best use and develop a preliminary concept plan for the corresponding physical
improvements that are supported by the adjacent community. The CONSULTANT shall prepare
a Risk Assessment plan to evaluate the items that could potentially impact the Project
construction cost, schedule and quality. The work shall include but not be limited to conceptual
drawing(s), survey, geotechnical analysis, environmental/coastal analysis, and estimate of
probable cost for the design, construction documentation, permitting and construction
administration of the Project.
Permit processing and application fees shall be paid by the Consultant and Reimbursed by the
City.
The work effort shall include the following tasks:
TASK 1 - PLANNING SERVICES
The purpose of this Task is to review and revise the June 2002 Master Plan to finalize a concept
plan that meets the City's functional requirements, incorporates community input, and stays
within established schedule and cost parameters. The CITY has previously met with
neighborhood representatives to review improvements and has identified certain items that are
to be considered. These items were discussed in the previous sections of this scope of
services. The descriptions provided therein are not considered all encompassing, but are only
intended to provide the CONSULTANT with a starting point from which to base its conceptual
plan upon. For this purpose, a Community Design Workshop is specified in Task 1.5 to present
the CONSULTANTs plan and solicit input from the community. Solicited input shall be reviewed
by the CONSULTANT and incorporated, with the CITY approval, into the CONSULTANT's work
product. A Community Design Workshop (COW) shall be held to present the plan and its
subsequent revisions to gain the consensus of the community as necessary. Based on the
results of the COW, a draft Master Plan shall be developed as noted in Task 1.6. Subsequent
interdepartmental and Historic Preservation Board design reviews / presentations and approvals
shall be as noted in Task 2.3. A final Master Plan shall then be prepared summarizing the
Page 2 of 28
Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
accepted design concept, budget level cost estimate and implementation schedule as noted in
Task 1.8.
In addition, please note that to facilitate the implementation of the CITY's Public Information
Program, the CONSULTANT shall provide electronic files of all project documents upon request
by the CITY.
Task 1.1 - Proiect Kick-Off MeetinQ: The CONSULTANT shall meet with the CITY and
PROGRAM MANAGER to review existing planning documents, discuss the results of previous
scoping sessions held with affected neighborhood representatives and user groups, and receive
/ review copies of available reference documents. In addition, the CITY and PROGRAM
MANAGER will present general discussions as to Program procedures, timelines, and budgets.
The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review
and comments. The CONSULTANT shall finalize and distribute, accordingly. During this
meeting, the CONSULTANT shall schedule a reconnaissance visit of the Project site, to be
attended by critical CONSULTANT personnel, as well as key CITY and PROGRAM MANAGER
staff.
Deliverables:
- Attend Project kick-off meeting.
Schedule:
- Within 5 calendar days of Task 1 - Planning Phase Notice-to-
Proceed.
Task 1.2 - Proiect Site Reconnaissance Visit: The CONSULTANT shall attend a Site
Reconnaissance Visit. This site visit shall also be attended by applicable CITY and PROGRAM
MANAGER staff. The site visit is intended to facilitate the CONSULTANT's understanding of the
project area needs. The CONSULTANT shall prepare draft meeting minutes and forward them
to the CITY and or PROGRAM MANAGER for review and comments. The CONSULTANT shall
finalize and distribute, accordingly.
Based on the results of the site visit and materials presented at the Kickoff Meeting, the
CONSULTANT shall develop a project concept, initial testing and investigative work
recommendation, including treatments that they propose for the CITY's consideration.
Alternative treatments shall illustrate proposed improvements including, as a minimum,
enhanced administrative offices, assembly/exhibit, archive/library, restroom, storage, support,
and reception/gathering spaces, parking, lighting, landscaping, site furnishings and similar
features to allow the CITY a full understanding of proposed improvement alternatives. All such
alternative treatments shall also take into account adjacent programming and improvements as
applicable. The CONSULTANT is advised that the CITY's previous reference work products
Page 3 of 28
Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
may be utilized and these work products may require revisions by the CONSULTANT. In
addition, the CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, _
15% as defined by the American Association of Cost Engineers) for each work component /
alternative treatment, indicating opinions of probable cost. Estimates shall present costs by
category types (i.e. sitework, concrete, masonry, specialties, electrical, mechanical, plumbing,
lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format.
PROGRAM MANAGER will provide a template for the requisite cost estimate format to the
CONSULTANT.
Deliverables:
- Attend Site Reconnaissance Project Site Visit
- Develop Project concept as noted above
- Develop "budget" level cost estimates
Schedule:
- Within 35 calendar days of completion of Task 1.1 services.
Task 1.3 - Attend "ProQramminQ" Session: After conducting the Site Reconnaissance
Project Site Visit, developing project approach and cost estimates, the CONSULTANT shall
attend a "Programming" session to be scheduled with representatives of the CITY, the
CONSULTANT and PROGRAM MANAGER. The purpose of the "Programming" session shall
be to clarify project goals to with the user group(s) and to prepare for Community Design
Workshop. Issues to be discussed shall include the proposed project elements (administrative
offices, assembly/exhibit, archive/library, restroom, storage, support, and reception/gathering
spaces, ADA upgrades, parking, site lighting, landscaping and irrigation, budget, schedule etc.)
At this meeting, the CONSULTANT shall present its Project concepts and document input from
the various the CITY attendees. In this effort, the CONSULTANT shall make revisions to its
proposed concepti treatments, as necessary to develop a Recommended Approach as
approved by the CITY. This is the approach that will be presented at the Community Design
Workshops. The CONSULTANT shall prepare draft meeting minutes and forward them to the
CITY and PROGRAM MANAGER for review and comments. The CONSULTANT shall finalize
and distribute, accordingly.
Deliverables:
- Attend "Programming" session with representatives from the
CITY and PROGRAM MANAGER.
Revise proposed concept/treatments and develop final materials
for a Recommended Approach as approved by the CITY
Schedule
- Within 10 calendar days of Task 1.2 completion.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Task 1.4 - Review Meetino Prior to Community Desion Workshops: After conducting the
project site visit, developing reference images and cost estimates, attending the Programming
Session, addressing all the CITY comments and developing the Recommended Approach, the
CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER staff in a Pre-COW
meeting format to ensure that any and all concerns regarding project scope, schedule and cost
parameters are addressed prior to scheduling the Community Design Workshop(s). The
CONSULTANT and its key Sub-Consultants shall attend all meetings.
Deliverables:
- Meet with representatives of the CITY and PROGRAM
MANAGER during work performed for Task 1.1 through 1.3.
Schedule:
- Through completion of Task 1.1 through 1.3.
Task 1.5 - Community DesiQn Workshop: The intent of Community Design Workshop(s)
(CDWs) is to provide the CONSULTANT the opportunity to present the proposed improvements
to the community for the purpose of achieving general consensus with residents. The CITY will
schedule, find locations for, and notify residents of such meeting. The CONSULTANT shall
prepare all materials for presentation at the workshop. At a minimum, these shall include
presentation materials, "full size" specialty graphics which depict the proposed improvements, a
summary of cost estimates, workshop agendas, resident comment cards and requisite copies of
each. It is anticipated that the CONSULTANT will utilize a "PowerPoint" type format for its
presentation, with support from standalone graphics and handout materials. In addition, the
CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review
and comment. The CONSULTANT shall finalize and distribute the final minutes accordingly.
The workshop is intended to address specific design issues as discussed in the following:
Task 1.5.1 Community Design Workshop - This workshop is intended to provide
community residents with a review of the proposed project scope and budget. The
CONSULTANT shall also present the proposed schedule and create a consensus plan
with community concurrence. The CONSULTANT shall prepare full size presentation
graphics illustrating existing conditions proposed project components developed under
Tasks 1.2 and 1.3. 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, the CONSULTANT shall present the plan for proposed
improvements to attendees. Applicable CITY and PROGRAM MANAGER staff shall also
attend these meetings, and assist the CONSULTANT with responses to resident
questions, as they pertain to the CITY related issues. The CONSULTANT shall note
reasonable design / concept revision requests from residents for review and
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
incorporation into the proposed plan. Due to the fixed nature of funding on the Project,
budget limits must be adhered to. Hence, the CONSULTANT shall be prepared to
discuss budgets and the various impacts of resident requested revisions on such,
accordingly. The CONSULTANT shall prepare draft meeting minutes and forward them
to the CITY for review and comment. The CONSULTANT shall then finalize and
distribute the final minutes, accordingly.
Oeliverables:
- Prepare materials, attend and conduct Community
Design Workshop.
Schedule:
- Within 30 calendar days after completion of Task 1.4
Task 1.6 - Master Plan (DRAFT): The CONSULTANT shall prepare a draft Master Plan
presenting the results of the Community Design Workshop(s) and final consensus / funded
design plan. The Master Plan shall include a summary of findings and exhibit(s) illustrating all
proposed improvements under the current phase of the project, inclusive of the, MDPL
administrative offices, visitor center, exhibit spaces, Beach Patrol Headquarters, entry/axis,
lighting, landscaping, parking, serpentine walk, and other recreational site improvements. The
Master Plan shall also include by reference the Master Plan previously completed in 2002. The
information contained therein is to be utilized along with any existing planning documents to
implement as deemed appropriate the improvements to the facilities. In addition, the Master
Plan 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.
As a minimum, the draft Master Plan shall include discussions and graphics illustrating:
· Executive Summary summarizing the contents of the Master Plan
· A section reviewing the existing conditions to be improved.
· A section reviewing the planning process and development of the final
recommended funded improvement plan. This section shall included detailed
presentations of all proposed improvements.
· A project implementation plan, inclusive of preliminary engineering testing and
analysis.
· Proposed site improvements (including Serpentine walk)
· A preliminary concept plan
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
· A section discussing general concepts which are unfunded (if any), but were
byproducts from the planning process.
· A "budget" level cost estimate prepared in conformance with format provided by
CITY. Estimates shall be provided for both current (funded) and unfunded
improvements. Based upon the CONSULTANT's cost estimate, the CITY will
advise the CONSULTANT if portions of the project need to be deleted, phased
and/or bid as alternate bid items to satisfy existing fiscal constraints. The
CONSULTANT shall revise the draft Master Plan to reflect such issues
accordingly.
· A schedule for implementing the Project by phases (i.e. design, bid, award,
construction) including critical issues and the time period allowed for resolving
each issue.
· Discussion regarding permitting authorities having jurisdiction over Project and
provide a list of permits typically retained by the Owner and / or Contractor.
Unique and / or special permitting requirements shall be identified as well as
permitting fees.
Five copies of the draft Master Plan shall be provided to the CITY for initial review and
comments and shall contain the following sections, as a minimum: Executive Summary,
Purpose and Scope, Existing Conditions, Funded Improvements and Unfunded Plan, Permitting
and Implementation and Cost Estimates.
Deliverables:
- Prepare 35 copies of the draft Master Plan.
Schedule:
. Within 30 calendar days after completion of Community
Design Workshop.
Task 1.7 - Review of Master Plan with the CITY Departments: The CONSULTANT shall
present, and meet to review comments on the draft Master Plan with the following CITY
Departments / review entities:
· City of Miami Beach Parks and Recreation Department
· City of Miami Beach Police Department
· City of Miami Beach Planning Department
· City of Miami Beach Public Works Department
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
. City of Miami Beach Fire Department
. City of Miami Beach Parking Department
· City of Miami Beach Tourism and Cultural Development Department
The CITY will forward copies of the draft Master Plan to the above noted Departments.
Comments shall be solicited and forwarded to the CONSULTANT for review / comment /
response / incorporation into the draft Master Plan document. It is anticipated that the
CONSULTANT shall attend a total of up to two meetings with the various Department
representatives to review the various Department comments. The CITY and PROGRAM
MANAGER will attend the noted review meeting(s) and assist the CONSULTANT, as
practicable, in obtaining approvals from noted review agencies by participating in negotiations
with such authorities. However, the CONSULTANT retains final responsibility for procuring all
necessary approvals, and for implementing required revisions and resubmissions as necessary.
The CONSULTANT and its key Sub-Consultants shall attend all meetings as deemed
necessary. It is recognized by the CITY and PROGRAM MANAGER that the time period for
obtaining approvals from the various review agencies is beyond the control of the
CONSULTANT, except for issues concerning the acceptability of the proposed design concepts
and the CONSULTANT's ability to respond to review agency comments. Hence, the
CONSULTANT shall address and respond to comments received from the various reviews in
writing, and implement requested revisions into the draft Master Plan, as agreed with the CITY
and PROGRAM MANAGER, within ten (20) calendar days of receipt of comments, unless
agreed to otherwise with the CITY.
Upon incorporating the comments received from the various CITY Departments; the
CONSULTANT shall revise its draft Master Plan and then present the full Master Plan (with
requisite graphics and PowerPoint presentation materials) to the Historic Preservation Board.
This presentation is intended for informational purposes only, and is not to be confused with the
CONSULTANTs responsibilities regarding full / formal Historic Preservation Board presentation
requirements discussed under the Design Phase Task.
Deliverables:
- Attend Master Plan review meetings.
- Address comments and revise Master Plan accordingly.
- Present Master Plan to HPB
- Within 20 calendar days of draft Master Plan completion.
Schedule:
Task 1.8 - Final Master Plan: The CONSULTANT shall prepare a final Master Plan based on
comments and revisions implemented during the reviews with the various the CITY
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Departments / review entities as noted in Task 1.7. This final Master Plan serves as the basis
for development of schematic design documents as discussed in task 2, and the detailed design
documents as discussed in Task 3. It shall also be used as the basis for the CONSULTANT's
presentation of the Final Master Plan to the City Commission for approval. If the City
Commission directs revision to the Final Master Plan, the CONSULTANT shall prepare an
Addendum, in the CITY provided format, for distribution to all Final Master Plan holders.
Oeliverables:
- Prepare 35 copies of a final Master Plan and Addendum,
as necessary.
- Present the Master Plan to the City Commission for
approval
- Within 15 calendar days after completion Task 1.7.
Schedule:
Task 1.9 - Additional Review MeetinQs:
In addition, to all required efforts noted above, the CONSULTANT shall note that the CITY may
at its discretion substitute one of the meetings described in Task 1 for a meeting with a Board,
Committee or Agency, as deemed necessary.
TASK 2 -SCHEMATIC DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of contract documents
for the Project. Note that Task 2.1 requires that the CONSULTANT perform a variety of forensic
tasks to verify, to the extent practicable, existing conditions and the accuracy of any available
as-built drawings, surveys and maps to be used for development of the contract drawings. Task
2.2 discusses requirements for the coordination with the various design disciples for the
preparation of schematic drawings and preliminary technical specifications. Task 2.3 discusses
the presentation of the Project to the Design Review Board/Historic Preservation Board
(DRB/HPB), as practical, at this phase of the project to obtain approval, and to advance the
design development beyond the 50% level.
Task 2.1 - Verification of ExistinQ Conditions: The CONSULTANT shall obtain all available
As-Built drawings, perform surveys, coastal evaluations, perform schematic layouts and concept
plans, perform preliminary investigations of Code requirements, layout of site, floor plans and
elevations, prepare 3-D images, preliminary coordination with Mechanical, Electrical and
Plumbing, Structural, Civil, Coastal, and Landscape engineers, in order to arrive at a selected
option to pursue design development.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
· The CONSULTANT obtain and identify from all available records, (Building
Department, Public Works Department) as-built information, including but not
limited to the following:
· Architectural, Mechanical, Electrical, Plumbing, Landscape. and Civil
drawings for all existing structures located on the site.
The CONSULTANT shall submit 3 copies of the preliminary Schematic Design for CITY
and PROGRAM MANAGER review and comment. The CONSULTANT shall prepare a
final schematic design based on addressing any / all comments submitted through this
review process, to the satisfaction of the CITY.
Deliverables:
- Perform work as noted to develop schematic Design and
deliver three (3) draft copies and five (5) final copies to
CITY.
Schedule:
- Within 30 calendar days after Task 2 - Schematic Design
Phase Notice to Proceed.
Task 2.2 - Coordination with Various Disciplines: The CONSULTANT shall coordinate the
development of the Schematic Design with the various design disciplines in accordance with the
applicable architectural and engineering design standards, and in accordance with the
requirements of all applicable state, local and federal regulatory agencies having jurisdiction.
Also, this submittal shall include the CONSULTANT'S updated "Budget" level opinion of
probable cost as defined by the American Association of Cost Engineers, based on the finding
during the Schematic Design Phase. The CONSULTANT shall also conduct a review of the
Schematic Design with the various City Divisions, and update in accordance with the comments
as applicable.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Deliverables: - Furnish 2 copies of preliminary MEP findings/report.
- Furnish two signed and sealed (2) copies of the preliminary
Structural Engineer findings report.
- Furnish two (2) copies of the preliminary Civil Engineer
findings/ report.
- Furnish two (2) copies of the preliminary Coastal Engineers
findings report.
- Schematic Design Review Meeting with City Departments
- Updated Schematic Design Phase "Budget Level" Cost
Estimate
Schedule:
- Within 15 calendar days after Task 2 - Schematic Design
Phase Notice to Proceed.
Task 2.3 - Desian Review/Historic Preservation Board (DRB/HPB) Presentation: The
CONSULTANT shall schedule and attend a pre-application meeting with DRB/HPB staff as
necessary to provide information and obtain staff opinions and recommendations for the
preparation and submittal of the application package(s) for the ORB and/or HPB Board
application. The CONSULTANT shall prepare and submit all required information,
documentation required for the DRB/HPB application package, attend and present the
Schematic Design to the Board. The CONSULTANT shall make presentations to the Board(s)
as required until approval of the design is obtained.
Deliverables:
Attend meetings with the HPB/DRB staff to review and
discuss schematic design and obtain input.
Prepare and submit DRB/HPB Application Package as
necessary.
Attend the DRB/HPB meeting and present the project.
Schedule:
- Complete concurrently with 45 calendar day Schematic
Design Phase.
TASK 3- DESIGN DEVELOPMENT SERVICES
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
The purpose of this Task is to establish requirements for the preparation of contract documents
for the Project. Note that Task 3.1 requires that the CONSULTANT reconfirm, to the extent
practicable, existing conditions and the accuracy of any available as-built drawings, surveys and
maps to be used for development of the contract drawings. Task 3.2 discusses requirements for
the preparation of contract documents, inclusive of drawings, specifications and front-end
documents. Task 3.3 establishes requirements with regard to constructability and value
engineering reviews to be performed by others. Task 3.4 establishes requirements for the
preparation of opinions of total probable cost by the CONSULTANT. Task 3.5 establishes the
requirements for Community Design Review Meetings. Task 3.6 establishes requirements for
developing final (100%) contract documents. Task 3.7 specifies requirements for review of
contract documents with jurisdictional permitting agencies prior to finalization. To facilitate the
implementation of a Public Information Program, the CONSULTANT shall provide electronic
files of all project documents, as requested by the CITY and/or PROGRAM MANAGER for
posting on the program website. The CONSULTANT shall provide the electronic files for the
front-end documents, technical specifications, and construction drawings in MS-Word, AutoCAD
and Adobe Acrobat file format.
Task 3.1 - Verification of Existina Conditions: The CONSULTANT shall reconfirm the
accuracy of the As-Built drawings discussed in Task 2.1, and update information at the 50%
design development level based on improvements that may have been implemented since the
Schematic Design Phase, perform structural evaluation of the structures, perform a topographic
survey of the existing site under the scope of this project. The survey shall be performed by a
Professional 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 AutoCAD
Version 2000 or latest version format with a layering system as directed by the CITY. Baseline
of survey shall be tied into the right-of-way and sectionalized land monuments. Right-of-way
information shall be obtained from available records by the CONSULTANT.
· The CONSULTANT shall set benchmarks at convenient locations along the corridor
to be used during both the design and construction phases of the project.
· The CONSULTANT shall locate and identify existing surface improvements /
topographic features that are visible along the corridor, including but not limited to
the following:
· Existing valve boxes, water I electrical meter boxes, electrical pull boxes,
telephone I cable risers, fences, hydrants, etc.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
· 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, and
driveway construction materials. Landscaping materials with a trunk diameter
greater than 6 - inches in diameter shall be identified individually. Materials
with smaller diameters shall be illustrated in groupings.
· Topographic survey / base map shall be prepared in AutoCAD Version 2000
or latest, and submitted on recordable Compact Disk with three (3) signed
and sealed copy on 22-inch by 34-inch bond paper. Note that all standards
from the DSM shall apply to the development of the survey document. In
addition, the CONSULTANT shall submit 3 copies of a preliminary Draft
Survey for CITY and PROGRAM MANAGER review and comment. The
CONSULTANT shall prepare a final survey submittal package based on
addressing any / all comments submitted through this review process, to the
satisfaction of the CITY. All 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.
Upon completion and acceptance of the final survey, the CONSULTANT shall forward
same to the following agencies with a request to mark / identify respective utilities on the
survey base map. The CONSULTANT shall coordinate this effort with each agency in
an effort to identify the location of all existing underground utilities. The CONSULTANT
shall incorporate utility owner markups / edits into its survey base map file. The
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 Company
· BellSouth
· Miami-Dade Water and Sewer Authority
· Charter Communications (Atlantic Broadband)
· Natural Gas provider
· City of Miami Beach Public Works Department
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
· Others as deemed necessary by the CONSULTANT
The CONSULTANT shall also request information regarding any future proposed improvements
by each agency. To facilitate tracking of the progress made in this work effort, the
CONSULTANT shall copy the CITY on all correspondence with each agency. In addition, the
CONSULTANT shall keep a readily accessible and properly labeled / collated file of all
correspondence and markups provided to it by the various agencies for reference use by the
CITY, PROGRAM MANAGER and/or CONSULTANT, during construction.
Based on the collected data, the CONSULTANT shall develop detailed design base maps for
the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals
20 feet or a scale that better suits the project requirements.
Deliverables:
- Perform work as noted to develop final survey. Deliver
three (3) draft five (5) final signed and sealed surveys to
CITY.
Schedule:
- Within 80 calendar days after Task 1 - Planning Phase
Notice to Proceed.
Task 3.2 - Detailed DesiQn: The CONSULTANT shall prepare all contract documents in
accordance with the applicable architectural, and engineering design standards, and in
accordance with the requirements of all applicable state, local and federal regulatory agencies
having jurisdiction. Technical specifications shall be prepared in conformance with Construction
Specifications Institute (CSI) formats. The CITY, shall furnish the CONSULTANT with standard
CITY specification outlines for Divisions 1. The CONSULTANT shall refrain from amending
reference standard specifications (including FDOT), for inclusion in the detail design documents.
The CONSULTANT shall provide additional sections that may be required, and are not already
provided through the CITY standards, subject to review and comment by the CITY and/or
PROGRAM MANAGER. Any supplier listings required by specifications shall include a minimum
of two named supplier's and shall meet all applicable CITY and State of Florida procurement
codes. Specifications shall be provided to the CITY and or CONSULTANT in "Microsoft MS-
Word" format. In addition, the CONSULTANT shall use the same software in all project related
work. The CONSULTANT shall utilize base front-end documents provided by the CITY. The
CONSULTANT shall edit accordingly to result in a project specific document. Any requirements
for Supplementary General Conditions shall be subject to review and acceptance by the CITY.
The CONSULTANT shall attend monthly Design Progress Meetings with CITY and PROGRAM
MANAGER.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
The CONSULTANT shall submit monthly invoice requests for its services, accompanied by a
design progress schedule update form as provided by the CITY. Invoices shall be prepared in a
format as provided by the CITY. As a part of this effort, the CONSULTANT shall update and
submit the schedule update form.
Should the CITY determine that the CONSULTANT has fallen behind schedule; the
CONSULTANT shall provide a recovery schedule that shall accelerate work to get back on
schedule.
For purposes of this Scope of Services, the following will be considered the minimum effort to
be provided by the CONSULTANT for establishing detail design milestone submittals. Note that
CITY review procedures, and CONSULTANT responsibilities associated with such, are
discussed under Task 3.3:
The 50% design completion stage milestone shall consist of the completed
survey, work products of the previously outlined Tasks, with all proposed
improvements identified in approved Master Plan, illustrated in plan and elevation
views, at a scale of 1-inch equals 20 feet, and with applicable sections and
details. In addition, the CONSULTANT shall include draft technical specifications
and a draft schedule of prices bid (bid form) identifying the items to be bid by the
prospective contractors with the submittal. Also, this submittal shall include the
CONSULTANTs "Budget" level opinion of probable cost as defined by the
American Association of Cost Engineers.
Prior to the preparation of the 50% design completion stage drawings, the
CONSULTANT shall incorporate changes to its design based upon its existing
as-built/existing conditions verification efforts and review comments received, as
noted in Task 2.1, and 3.3 below.
The 90% design completion stage milestone shall consist of a near final
construction document set including the front-end documents (general and
supplemental conditions), technical specifications and construction drawings for
all work proposed to be completed. The CONSULTANT shall include detailed
construction sequencing restrictions and special conditions for the CITY's review
with this submittal. Prior to the preparation of the 90% design completion stage
drawings, the CONSULTANT shall incorporate changes to its design based upon
review comments received, as noted in Task 3.3 below In addition, the
CONSULTANT shall provide its "Definitive" level opinion of probable cost as
defined by the American Association of Cost Engineers with this submittal.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
The 100% design completion stage milestone shall consist of the 90%
documents updated to include all constructability and design review comments,
City of Miami Beach Building Department permitting pre-approval comments as
may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional
review agency. This set of documents will be used by the CONSULTANT to
implement the final City of Miami Beach Building Department Permitting Reviews
as noted in the PWP.
Deliverables: - Furnish eight (8) sets each of the 50, 90 and 100 percent
design completion stage documents to the CITY and or
MANAGER, as applicable (four full size and four half size sets
at 50 percent; six full size and two half size sets at 90 and 100
percent submittal)
- Prepare and update project invoices and schedule tracking
spreadsheets, on a monthly basis.
- Attend monthly design progress meetings with CITY and
PROGRAM MANAGER staff.
Schedule:
- Complete 50 percent document submittal within 60 calendar
days after the Task 3 - Design Phase Notice to Proceed.
-Complete 90 percent document submittal within 90 calendar
days after Task 3 - Design Phase Notice to Proceed.
-Complete 100 percent document submittal within 120 calendar
days after Task 3 - Design Phase Notice to Proceed.
Task 3.3 - DesiQn / Constructabilitv Review: To verify that the CONSULTANT is in
compliance with required Master Plan, City standards and PWP requirements, the CITY will
conduct a series of design submittal reviews on all design project documents, inclusive of cost
estimates at the 50 and 90 percent design completion stage submittals. Note that the 90 percent
completion stage submittal will be utilized to initiate the City of Miami Beach Building
Department permitting pre-approval reviews, and the 100 percent design completion stage
submittal will incorporate the review comments, will be used to procure permits from
jurisdictional review agency, and may be utilized to obtain pricing via the City's Job Order
Contracting (JOC) System.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
The purpose of these reviews shall be to verify that the documents are consistent with the
design intent, and that they are in compliance with applicable code. These documents shall be
furnished as bound 8-1/2-inch by 11-inch technical specifications and full-size (22-inch by 34-
inch) and half size (11-inch by 17-inch) drawings as noted in the Task 3.2 deliverables. The
PROGRAM MANAGER and applicable CITY Departments shall perform reviews on these
documents and provide written comments (in "Excel" spreadsheet format) back to the
CONSULTANT.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between
the CITY, the CONSULTANT and PROGRAM MANAGER, to discuss the intent and review of
the comments. Subsequently, the CONSULTANT shall address how each comment was
resolved, to the CITY, within 5 working days after the review session and/or receipt of the
comments. The responses shall be in the spreadsheet format provided to the CONSULTANT.
In addition, the CONSULTANT shall revise its documents to address all review comments
accordingly, to the satisfaction of the CITY.
In addition, the CITY will perform constructability reviews of the design documents relative to
value, construction sequencing and bid format. These reviews shall be based upon 50 and 90
percent design submittals received from the CONSULTANT and shall be conducted
concurrently but separately from the 50 and 90 percent design reviews noted above. These
constructability review meetings shall be held with the CONSULTANT and the CITY
representatives to discuss the CONSULTANT's proposed construction sequencing restrictions,
and bid formats, and shall be performed by the CITY.
The CONSULTANT shall note that the CITY's / PROGRAM MANAGER's review of the contract
documents does not relieve the CONSULTANT from its responsibility to the CITY with regard to
the quality and completeness of its contract documents.
Deliverables:
Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss design
constructability and value comments.
Prepare written responses to comments made during
reviews.
Schedule:
Complete concurrently with 120 calendar day Design
Phase schedule.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Task 3.4 - Cost Opinions: The CONSULTANT shall prepare opinions of probable construction
costs for the 50 and 90 percent design completion stage submittals, as well as the final (100
percent) completion stage submittal. The accuracy of the cost estimate associated with the 50
percent completion stage shall be +30% to -15% "Budget" Level as defined by the American
Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and
100 percent completion stage submittals shall be a +15% to -5% "Definitive" Level Estimates as
defined by the American Association of Cost Engineers. All estimates shall be submitted in
Microsoft "Excel" format in accordance with the template supplied by CITY. All estimates shall
be furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost
estimate, the CITY will advise the CONSULTANT if portions of the project need to be deleted,
phased and/or bid as alternate bid items to satisfy existing fiscal constraints. In this effort, the
CONSULTANT may be required to attend a series of meetings and develop alternative cost
savings options for CITY consideration, if the estimates show that the projected project cost will
exceed the target budget. The CONSULTANT shall revise the contract documents to reflect
necessary revisions to meet budget parameters at no additional cost accordingly.
Deliverables:
- Furnish eight (8) sets of 50, 90 and 100 percent
completion stage cost estimates to the CITY concurrently
with the design submittals noted in Task 3.2.
- Attend meetings with the CITY and PROGRAM
MANAGER staff to review and discuss cost estimates. This
Task includes development of any required cost savings
alternatives, and implementation / revision of documents to
address such items, as necessary to meet established
budget parameters.
Schedule:
- Complete concurrently with 120 calendar day Design
Phase schedule.
Task 3.5 - Community Desian Review Meetinas (this section is deleted from the contract)
The CONSULTANT shall attend and participate in Community Design Review Meetings
(CORMs) to review the design progress and concept at different progress levels during the
design. The CITY will schedule, find locations for, and notify residents of all such meetings.
The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who
shall review, provide comments and distribute, accordingly. The CONSULTANT shall prepare
for, attend and present its documents at up to two (2) CORMs. Meetings shall be scheduled at
the 50% and 90% design completion stages. Note that presentation format shall consist of a
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
brief Power Point presentation to review Project status, plus review of actual full size plans for
the project. The CONSULTANT shall provide sufficient staff at the meeting to address concerns
by residents at multiple plan stations. It is anticipated that the CONSULTANT will attend one
Pre-CORM meeting with CITY staffs to review the proposed format of the presentation for each
planned CORM.
Task 3.6 . Document Revisions: Based upon the input provided by the residents and/or user
groups at the CORM or other meeting(s), the CONSULTANT shall incorporate necessary
contract document revisions, as approved by the CITY.
Task 3.7 - Permittinq Reviews: The CONSULTANT shall prepare applications and such
documents and design data as may be required to procure approvals from all governmental
authorities that have jurisdiction over the Project. The CITY will pay all permit fees. The
CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with
such authorities. The CONSULTANT shall respond to comments by such authorities within ten
working days of receipt of comments unless a different time is agreed to by CITY. It is the intent
of this scope of services that the CONSULTANT be the responsible party for formally
transmitting and receiving permits to and from the respective jurisdictional authorities. However,
since the CITY will track and monitor progress on the preparation and review of permits and
subsequent requests for information, the CONSULTANT shall copy the CITY on all permit
related correspondence. This includes CONSULTANT generated minutes from meetings held
with related parties. It is recognized by CITY that the time period required for obtaining permits
is beyond the control of the CONSULTANT, except with regard to issues concerning the
permittability of the proposed design and the CONSULTANT's ability to respond to permitting
agency requests for information in a timely manner. At the time of scope preparation, the
following governmental authorities that have or may have jurisdiction over Project have been
identified:
· United States Environmental Protection Agency
· U.S. Army Corps of Engineers
· Florida Department of Transportation
· Florida Department of Environmental Protection
· South Florida Water Management District
· Miami-Dade Water and Sewer Authority
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
· Miami-Dade Department of Public Works
· Miami-Dade Department of Health and Rehabilitative Services
· Miami-Dade Department of Environmental Resource Management
· The City of Miami Beach Building Department
· The City of Miami Beach Planning Department
· The City of Miami Beach Historic Preservation Board
· The City of Miami Beach Public Works Department
Note that the CITY's failure to identify governmental authorities that have jurisdiction over
Project at this time does not relieve the CONSULTANT from the responsibility to procure all
requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may
be negotiated if deemed appropriate by the CITY.
Oeliverables:
Correspond with noted jurisdictional authorities to
establish permitting requirements.
Revise documents and respond to permitting inquiries
as required.
Attend meetings with the CITY and/or permitting
agency staff as required to review, discuss and finalize
permit procurement
Schedule:
Complete concurrently within 180 calendar day Design
Phase schedule.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Task 3.8 - The CONSULTANTS' QAlQC of Desian Documents: The CONSULTANT shall
establish and maintain an in-house Quality Assurance / Quality Control (QAlQC) program
designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of
its contract documents. To this end, the CONSULTANT shall provide the CITY with a written
narrative detailing its QAlQC program tasks and how it is to be implemented over the course of
this project. The CITY, at its discretion may require that the CONSULTANT attend meetings to
review the status and present results of its QAlQC efforts. Items to be addressed may include,
but shall not be limited to, review of specifications by respective technical experts and a "Redi-
check" type review of the documents to identify conflicts and inconsistencies between the
various project disciplines.
TASK 4 -BIDDING AND AWARD SERVICES
Please note that the Tasks below address the level of service required for a traditional Advertise
/ Bid / Award process. As an alternative to this traditional bidding process outlined herein, the
City may consider implementing the project via the Job Order Contract (JOC) system, or the
Best Value Procurement Method. If such decision is made, it is understood that the Consultant's
hours assigned to traditional bidding tasks would be re-distributed, on a not to exceed basis, to
complete tasks related to procurement of the job through the JOC system, including, but not
limited to the following:
. Preparation of a Risk Assessment and Quality Assurance (QA) Plan
. Participation at the Joint Scope Meeting
· Assistance in filling out JOC standard forms, including Brief Request for Proposal and
Notice to Proceed (Suggested Language only. City to input forms into system)
· Review of JOC unit cost proposal
· Participation in negotiation meetings with JOC Contractor
Note that all other duties of the CONSULTANT are not affected by the use of the JOC system.
Task 4.1 . Construction Contract Document Review: The CONSULTANT shall assist the
CITY in the bidding and award the construction contract. The contract documents prepared by
the CONSULTANT shall be transmitted to the CITY's Risk Management, Legal and
Procurement Departments for verification of appropriate insurance, form and bonding
requirements. The CONSULTANT shall assist the CITY in this effort by providing three copies
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
of each Construction Contract Document and participating in meetings, submissions,
resubmissions and discussions with these departments, as necessary. The CONSULTANT
shall address and re-submit corrections to any CITY comments within ten calendar days of
receipt of comments unless a different time schedule is agreed to by the CITY. The
CONSULTANT's compensation shall be based upon one meeting with these departments.
Task 4.2 - Bid Document Deliverv: The CONSULTANT shall provide the CITY with
reproducible, sets of contract documents, including digital plot files. These documents shall
include responses to all comments obtained during permit reviews and shall incorporate all
corrections required by the permitting agencies. The CITY Procurement Department shall
reproduce documents and handle the advertising, distribution, sale, maintenance of plan holder
lists and other aspects of bid document delivery to prospective Bidders.
Task 4.3 - Pre-Bid Conference and Bid OpeninQ: The CITY will conduct one pre-bid
conference and attend the bid opening for the Project
Task 4.4 - Addenda Issuance: The CONSULTANT shall provide timely responses to all
inquiries received by the CITY from prospective bidders. These responses shall be prepared as
written addenda, with the format for such addenda as provided to the CONSULTANT by CITY.
These queries and responses shall be documented and a record of each shall be transmitted to
the CITY on a same day basis. The CONSULTANT shall prepare necessary addenda as
requested by CITY. The CITY will distribute addenda to all plan holders of record accordingly.
Task 4.5 - Bid Evaluation: Within five calendar days of receipt of bids, the CITY will forward
Bids to the CONSULTANT, who in turn shall evaluate bids for completeness, full
responsiveness and price, including alternative prices and unit prices, and shall make a formal
written recommendation to the CITY regarding the award of the contract. Non-technical bid
requirements shall be evaluated by others.
This scope of services includes no allowance for the CONSULTANT's time to assist the CITY in
the event of a bid protest. To the proportionate extent the CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by the
CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the
CITY.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Task 4.6 - Contract Award: The CONSULTANT shall provide eight (8) sets of Construction
Contract Documents, inclusive of Addenda, for execution by the CITY and the successful bidder
within five calendar days of request by the CITY.
Task 4.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction
conference, the CONSULTANT shall prepare As-Bid construction contract documents, which
incorporate the following items into the construction contract documents:
· Contractor's bid submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
· Amend ! modify front-end documents and ! or technical specifications to
incorporate changes made via contract addenda.
· Revise construction contract drawings to include modifications ! revisions
incorporated via contract addenda as well as the previously incorporated permit
review comments.
The CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten
(10) sets for distribution to CITY within ten (10) calendar days after City Commission approval!
contract execution.
The following apply to Task 4.1 through 4.7:
Deliverables- - Attend and participate in Pre-bid conferences and bid openings.
- Respond to questions from prospective bidders and prepare Addenda
for distribution by others.
- Prepare recommendation of award letter
Provide eight (8) sets of contract documents for contract execution
- Prepare As-Bid contract documents and reproduce ten (10) sets and
forward to CITY.
Schedule:
- Upon receipt of Task 4 Bidding and Award Services Notice to Proceed
and within 90 calendar days
TASK 5 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration
of the Project(s). These tasks shall be performed for the duration of the Project. Due to the
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
extensive amount of detailed procedures required to properly manage construction projects, the
CITY has developed a Construction Management Manual (CMM) for the construction phase of
the Infrastructure Improvement Program. This CMM augments the general program guidelines
established in the Project Work Plan (PWP), as provided to the CONSULTANT by the CITY at
the commencement of the Project, and provides uniform procedures and guidelines for
managing the interface between the CITY, Contractor, PROGRAM MANAGER and
CONSULTANT staffs.
It is anticipated that the construction timeframes for the Project will be approximate twelve (12)
months.
Task 5.1 - Pre-Construction Conferences: The CONSULTANT shall attend one pre-
construction conference for the Project. The CONSULTANT will prepare and distribute meeting
minutes to all attendees and other appropriate parties. At this meeting, it is anticipated that the
CITY will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued upon
receipt and approval of a construction schedule, schedule of values, submittal schedule and
procurement of all applicable construction permits from the Contractor.
Deliverables:
Attend and participate in one pre-construction conference
for the project and prepare meeting minutes.
Schedule:
As scheduled by CITY after receipt of Task 4 Notice to
Proceed.
Task 5.2 - Weeklv Construction MeetinQs: The CONSULTANT shall attend weekly
construction meetings with the Contractor and applicable CITY representatives on the Project.
The purpose of these meetings shall be to review the status of construction progress, shop
drawing submittals and contract document clarifications and interpretations. In addition, the
Contractor shall furnish a two-week look ahead work schedule to allow for proper coordination
of necessary work efforts. These meetings shall also serve as a forum for discussion of
construction issues, potential changes / conflicts and any other applicable matters. The
meetings may include site visits to visually observe / address construction related concerns. The
site visits shall be separate and distinct from the "Specialty Site Visits" discussed under Task
4.6. The CONSULTANT will prepare and distribute meeting minutes to all attendees and other
appropriate parties.
Deliverables:
- Attend and participate in weekly construction progress
meetings and prepare meeting minutes.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Schedule:
- Weekly throughout the project duration.
Task 5.3 - Reauests for Information I Contract Document Clarification (RFls I CDCs): The
CONSULTANT will receive, log and process all RFls / COCs. Whenever an RFI involves the
interpretation of design issues or design intent, the CONSULTANT shall prepare a written
response within the timeframe specified in the construction contract and return it to the
contractor. In addition, the CONSULTANT may be requested by the CITY to prepare and
forward COCs should certain items within the contract documents require clarification.
Deliverables:
Respond to those RFl's that involve design interpretations
and return to PROGRAM MANAGER's office. Issue COCs
as required.
Schedule:
- Ongoing throughout project construction duration.
Task 5.4 - Reauests for ChanQes to Construction Cost and/or Schedule: The
CONSULTANT will receive, log and evaluate all requests for project cost and/or schedule
changes from the Contractor. Such requests may be the result of unforeseen conditions,
interferences identified by the Contractor during the routine progress of work, inadvertent
omissions (betterment) issues in the contract documents, permitting requirements that arise
after the contract award, and/or additional improvements requested by the CITY. Regardless of
the source, the CITY will evaluate the merit of the request, as well as a cursory review of the
potential impact of the change in terms of project cost and schedule. The CITY may also review
the request with the CONSULTANT, who shall provide a written opinion as to the merit / value,
upon request. It is understood that no legal claims assistance or support services are inferred by
the work effort noted under this Task.
Deliverables:-
- Perform independent review of request for cost increase
and/or time extension.
- Coordinate and participate in meetings, as required, with
the CITY and Contractor to resolve and/or negotiate the
equitable resolution of request. Provide written opinion and
/ or recommendation upon request.
- Prepare change order documentation in CITY directed
format
Schedule:
- Ongoing throughout project construction duration.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Task 5.5 - Processina of Shop Drawinas: The CONSULTANT will receive, log and distribute
shop drawings as appropriate for review. The CONSULTANT shall have 14 calendar days or
the number of calendar days specified in the construction contract, (whichever is lesser) from
the date of receipt in its office, to review and return shop drawings to the contractor, through the
CITY.
Deliverables:
- Review Shop Drawings and return them to CITY.
Schedule:
- Ongoing throughout project construction duration.
Task 5.6 - Field Observation Services: The CITY will provide field staff to observe the
construction of the work. The CONSULTANT shall provide specialty site visits by various design
disciplines (civil, mechanical, landscaping, etc...) on an as requested basis. For the purposes of
this scope of services, it is assumed that monthly specialty site visits are included. Specialty site
visits are assumed to include one or more of the CONSULTANTs Team attendance, as may be
requested by the CITY, to review, discuss, resolve field conditions and issues at the job site.
Attendance shall be as requested, although a minimum of 24 hour notice will be provided when
possible. In cases where conditions require immediate action, the CONSULTANT shall make
itself available in the field, as soon as possible, to review / respond to necessary issues.
Deliverables:
- Provide monthly specialty site visits for the Project.
Schedule:
- Ongoing throughout project construction duration.
Task 5.7 - Proiect Closeout: Upon receiving notice from the CONTRACTOR advising the
CONSULTANT that a Project is substantially complete, the CONSULTANT, in conjunction with
appropriate CITY staff, shall conduct an overview of the Project. The overview shall include
development of a "punch list" of items needing completion or correction prior to consideration of
final acceptance. The CONSULTANT along with the CITY will develop the list. The list shall be
forwarded to the Contractor for corrective action. For the purposes of this Task, please note that
substantial completion shall be deemed to be the stage in the construction of the Project where
the Project can be utilized for the purposes for which it was intended, and where minor items
may not be fully completed, but all items that affect the operational integrity and function of the
Project are capable of continuous use.
Upon notification from the CONTRACTOR that all remaining "punch list" items have been
resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final
review of the finished Project. Based on successful completion of all outstanding work items by
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
the Contractor, the CONSULTANT shall assist in closing out the construction contract. This
shall include a final punch list walk throughs for verification of completion
Deliverables:-
Attend field meetings to review substantial and final
completion and assist in development of "punch lists".
Schedule:
At the Substantial and Final completion of the project
TASK 6 - ADDITIONAL SERVICES
(This section will be used as needed during the Project)
TASK 7 - REIMBURSABLES
Task 7.1 _ Reproduction Services: The CONSULTANT shall be reimbursed at the usual and
customary rate for reproduction of reports, contract documents and miscellaneous items, as
may be requested by the CITY. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the project.
Task 7.2 _ Travel and Subsistence: The CONSULTANT shall be reimbursed at the United
States Internal Revenue Service established rate for travel and subsistence, up to the maximum
not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the project.
Task 7.3 _ Surveying: The CONSULTANT shall arrange for and coordinate the efforts of
licensed surveyors to prepare a topographical survey within the project limits to meet the intent
of the approved project Scope. This effort shall meet the requirements set forth in Task 3.1.
Unused amounts in this allowance shall be credited back to the CITY at the completion of the
project.
Task 7.4 _ Geotechnical Evaluation: The CONSULTANT shall contract the services of a
professionally licensed geotechnical firm to perform boring / test excavations as necessary to
ascertain soil conditions, in an effort to identify existing conditions for skate plaza location
considerations. The scope of such services shall be subject to review and acceptance by the
CITY. Costs shall be limited to a $15,000 not-to-exceed amount. Unused amounts shall be
credited back to the CITY at the completion of the project.
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk
Minimum Design Features to Be Shown On Drawings
The CONSULTANT shall note that the following criteria indicate the minimum design standards
to be shown on drawings and is not all encompassing. The CONSULTANT is encouraged to
review and recommend changes as it deems necessary, subject to the review and acceptance
of the CITY.
10th Street Auditorium, Beach Patrol Headquarters and Serpentine Walk
· Survey
· Site Layout
· Entry Feature/Proposed Driveway Section
· Demolition Plan for 10th Street Auditorium
· Demolition Plan for Beach Patrol Headquarters
· Life Safety Plan
· Roof Plan
· Elevations
· Building Section
· Partition Details
· Details
· Door Window & Finish Schedules
· Door Hardware Specifications
· Ceiling Plan
· Interior Elevations
· Restroom Plan & Elevations
· Structural Reinforcement & Repair Plan
· Structural Sections and Details
· Mechanical Plan
· Mechanical Piping Plan/Schedules/Notes & Details
· Electrical Site Plan
· Theater Lighting Plan
· Clubhouse Lighting Plan
· Power Plan
· Fire Alarm Plan
· Plumbing Plan & Isometric
· Fire Protection Plan
Site/ Landscape Improvements
.
Identify existing trees to remain/to be removed/to be relocated
.
Irrigation Plan
.
Site Furniture/Fixtures/Equipment (FF&E)
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Schedule A - 10th Street Auditorium/Beach Patrol Headquarters and Serpentine Walk