HomeMy WebLinkAbout2006-26415 Reso
RESOLUTION NO. 2006-26415
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT TO BROWN & BROWN ARCHITECTS INC., IN AN AMOUNT
NOT TO EXCEED $661,140, FOR ARCHITECTURAL, ENGINEERING, AND
LANDSCAPE ARCHITECTURAL SERVICES FOR THE DESIGN, BID AND
AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE
RENOVATION AND CONSTRUCTION OF THE SCOTT RAKOW YOUTH
CENTER, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 26-05/06;
WITH FUNDING FROM PREVIOUSLY APPROPRIATED PAY-AS-YOU-GO
FUNDS AND MIAMI-DADE COUNTY BOND.
WHEREAS, the Scott Rakow Youth Center (SRYC) Renovation Project was initiated by
the Mayor and City Commission in 1994 and was a part of the original $15-Million Parks Bond
issue; and
WHEREAS, the original scope called for the expansion and renovation of the ice rink and
other improvements to the SRYC; and
WHEREAS, on October 17, 2005, the City retained Brown and Brown Architects, Inc.{an
AlE firm on the City's rotational list), with developing a schematic conceptual master plan which
would evaluate Code concerns (including ADA and Fire Safety) validate the program and the
budget, and propose a phasing plan for construction; and
WHEREAS, Brown and Brown has participated in various site meetings to evaluate the
existing conditions of the facility and met with the users to review the scope of work which would be
necessary to bring the facility into compliance and fulfill the operational and programmatic
requirements that the City presented to the community; and
WHEREAS, after various meetings with the Parks and Recreation Department, the SRYC
Advisory Board, the facility managers, the Property Management Division, the Fire Department, and
the Building Department, Brown and Brown proposed an acceptable schematic conceptual master
plan and budget which would be phased over an estimated one year of design, and 18 months of
construction, while the facility would remain in operation; and
WHEREAS, on May 10, 2006, the Mayor and City Commission approved the issuance of
Request for Qualifications (RFQ) No. 26-05/06 for Architectural, Engineering, and Landscape
Architecture Services for the Planning, Design, Bid and Award, and Construction Administration
Services for the Renovation and Construction of the Scott Rakow Youth Center (Project); and
WHEREAS, RFQ No. 26-05/06 was issued on May 12, 2006, and the submittals opened on
June 27, 2006; and
WHEREAS, on July 10,2006, and on July 20,2006, an Evaluation Committee convened to
review submittals and interview and rank the submitting AlE firms; and
WHEREAS, Brown and Brown Architects was unanimously ranked No.1; followed by MC
Harry Associates, Inc. at No.2; and BEA International at No.3; and
WHEREAS, on September 6, 2006, the City Commission authorized the Administration to
enter into negotiations with the top-ranked firm of Brown and Brown Architects; and
WHEREAS, the estimated Project construction cost is $4,290,000; and
WHEREAS, the fee negotiated with Brown & Brown Architects, Inc. includes the following
services: architectural/engineering and design-construction administration (18 months) fee of
$571,140; reimbursable expenses fee of $25,000; boundary and topographic and underground
survey of $50,000; and geotechnical testing services fee of $15,000; for a total fee of $661,140.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and City Clerk to execute a Professional Services Agreement with Brown &
Brown Architects, Inc., in an amount not to exceed $661,140, for architectural, engineering, and
landscape architectural services for the design, bid and award, and construction administration
services for the renovation and construction of the Scott Rakow Youth Center, pursuant to RFQ No.
26-05/06; with funding from previously appropriated Pay-As-You-Go funds and Miami-Dade County
Bond.
PASSED AND ADOPTED this 6th
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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T :\AG EN DA \2006\dec0606\Regu la r\S RYC-AE-Brown Resolution Dec0606 .doc
.-......----
BROWN
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7100 $w '" Ave. Sullo 2111 ~.:: _ ''':~,~''
IIIoml A 33173
Doowt "Ph_ I
T.... Prine: Rev. Jt An:h. CIortc. , I.JIl>or
, T_ - An:h Ardl CAD i , Coot($)
,
A CoMItue1Ion Docu......... 3O'Jr.~
24 24 S 4,440.00
Dr....... Oocumerts 8 40 120 40 S 17,00000
k:a1~"'. 2' 8 40 S 6,880.00
.mh . Fire 0MlI. 8 8 $ 1,880.00
. "''''Ina 4 4 S 9-40.00
Board - 4 S 940.00
4 8 4 S 1,30000
COfnmeot. 4 8 4 S 1.30000
COmments 4 8 4 1.30000
""'"'" 4 8 4 $ 1 300.00
40 24 8 S 8.04000
Ardt-~"I ubot' .. 0 Lsbor Cool as 128 118 56 48 0 0 0 0 0 0 0 0 0 0 , ".320 00
Civil S 25,000.00
end............ , 4 000.00
st_ , 6,000.00
IlEPIiIoc_1caI FIra P_. E $ 40,000.00
I To'" AE 30% OOCUMiONT S 118,320.00
--
$ <<r% Dr.lrWlrg OoelMMnla 8 40 120 80 , 18,300.00
lcatlon& Oocumencs 24 8 16 S <4,690.00
I~~~- 8 .0 40 $ 8 400.00
4 4 $ 9-40.00
4 4 S 940.00
4 8 4 $ 1,300.00
It~B 4 8 . $ 1.300.00
. . . 8 4 S 1 300.00
. 4 8 4 $ II
CoNtructloo Budost E_Ol. 40 24 6 S
An:__ Lsborlloun "TOUI LlIbor C_ 88 136 192 76 24 0 0 0 0 0 Q 0 0 0 0 $
CIYtI S
. S 4, .
$ 6,000.00
_....E! S .0.000.00
T_I AE 60% DOCUMENTS S 111.500.00
C . 100% OocUtnrlntl
8 80 12ll 40 S 19.200.00
=onI. 24 6 24 S I
6 40 40 $
4 4 $
4 4 $
. Comment. 4 8 4 S
COOvnonl. 4 8 4 , 1.300.00
iiIV Crol....... 4 8 - $ 1 300.00
Comme<t. . 8 . $ 1,300.00
.0 2' 8 $ .
'af 16 40 24 S
.. r urs . Total labor eo.. ,,,. 198 216 66 32 0 0 0 0 0 0 0 0 0 0 $
$
end. $ '.000.00
$ 8 000.00
IlEP -F1"_~1 , 40,000.00
Toto! AE 100% DOCUMENTS , 121,00000
0 Bidd'..._ _Old
Pre-61d ea.""""", - 4 4 $ 1.240.00
_BiddmR_""""". 8 .0 S 5.400.00
A_ RSCClIl1mOI'kllIlOn 8 4 $ '_.00
-- '-- Hours" T.... '--Coot 20 48 4 0 0 0 0 0 0 0 0 0 0 0 0 $ 8 000.00
eMt $ 5,000.00
_ Inla.tlDft $ II
- $
IIEP _FI.._ $
Toto! AE Illddi _.....or<l$
E 1..._IoI....ionm_
E .. 4 $ ill
Ion MniOiW'8tiOn 156 312 $
40 160 S
60 320 $
. 4 Pl1a 16 16 S 3,760.00
16 16 $ 3.760.00
-- 16 16 $ 3 760.00
.- 16 16 S 3,760.00
8 24 $ 3.64000
_u..1aor Hours & TOUI '-- COol 35:.! 8801 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 141,2.0,00
CIoII $ 10.000.00
and $ 2.ooo.0Q
~ $ 10.000.00
UEP Flra_ EIact_ $ 250,000.00
I T_AECon____ $ 168,240.00
1WnMn~ Ex....._ t..bof Rat.. Pet Hour ""'.- SubtoCal Labor(T_A,B,C,D U) , 2M,14O.oo
OlUI-pock.. "-- $25.000.00 .. ChI! 5 10,000.00
<A<11il_ "'_Iflgll.nd Pr_'liOns' c . - , 30,000.00
. _act 00 IlEP and............ S 150,000.00
5 15.000.00
- _T_AE-. $ 571140,00
Aalmb Eapan-.(P__... and _...~) 5 25.000,00
$125.00 BoUnd.., To~ tJnctMgroundSUrwey 5 SO.OOO,OI)
S90,OO _..IcaIT';"';'" $ 115 OClO.OO
Prin. A1ch. at Reo<> $110.00
lMdtlca $75.00
Talal 525.000.00 Clarical $SO.OO l'oUfF.. $ 881 1>10.00
BROWN
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Brown + Brown Archftectt: ~ ..Addition. Md AenoVlll'lton.
7100 Sw " Ave. Sun_ 201 ~_''':~1~-
II""" F1, :13113
IDoowt &P'-:
T_ Pnnc Reg. Jr An:'" Clorlc. ~
, T.... Ard! Arch An:h CAD Coot(S)
A eo.otrudlon Docu_. 30% Doc_
Al-SuiJI Verification 24 24 $ .,44000
. ~ Dtawtnat. Documents 8 .00 120 40 $ 11,00000
83O'lr. fic8Uons Ooctmenta 24 8 40 $ 5,88000
ISlAnd-Uo R.vktw wUh BuiId.lrn'Zonino Fire 8 8 $ 1,88000
Crolm M8OIi~ 4 . $ 9.00 00
Desion Roylaw Iloatt1 4 4 $ 94000
I 8 Crolmunlv Desion MI . Common, . 8 . $ , ,300 00
I 8 'Zonina Fire DeDI. Commenls . 8 . $ 1,30000
I 8 CM 0 RisI< Conolruclatlll comrnoro. 4 8 4 $ 1 300 00
I 0 ROYlowlloortl~ . 8 4 $ 1,30000
COnItNction BlduII Estimate .00 24 8 $ 8,040.00
"""'__~r 110... a T_ ~Cool 88 128 118 58 ... 0 0 0 0 0 0 0 0 0 0 $ ",320 00
Chil $ 25,000 00
~lna_I"""""n S 4,000 00
-... S 8,000.00
IIEPI_....FI.._E_ S 40,00000
I T_AE_DOCUIlENT$ $ 119,32000
B I~ Docu_. 8O'll.1loc:umonts
~o 80% Dr Doc........ 8 40 120 60 S 1830000
. 60% Soeaficalionl Oc:xu1'lenll 24 8 16 $ .,68000
B 'Z"""", Rra ~ Revlow p~ 8 40 40 $ 8,400.00
lComm ...-.. 4 . $ 940.00
IDeslon Ravi_ Boord . . $ 9-40.00
I t. Comm MI . Common. . 8 . S 1,300.00
Ilnoorncrate Bkb'ZoNno Fire Oed, Commenll . 8 . S 1,30000
I 8 CM 0 Rillll Conoln.<:IIIIllI Common. . 8 4 $ 1,300.00
I 8 R....... eo.d Cor'rwnens 4 8 4 $ 1,30000
Constnxtion BudoM Elfimale 40 24 8 8,04000
"""'_ LHor 110..." TOUI Lobo< eoot 88 136 '92 18 2. 0 0 0 0 0 0 Q 0 0 0 $ 46,500 00
CMI $ 26,000 00
and S .,000.00
StNctural $ 8,000 00
IIEP Fire __ EIodrtcoI $ 40,000.00
T_ AE _ DOCUIlENTS $ '21 500.00
C c:.on.tNcUon OocUfMrQ.. 100% Documents
l~eI. 100% DocumenI. 8 80 '20 .00 S 19,20000
IComdeIe tClO% SoeciIlC81tona Oocumenla 2. 8 24 $ 5,080 00
BIdQIZoni~ Fire ""'" Revlow_ 8 40 40 $ 8 400 00
Communitv OMan Meeclno 4 . $ 9.00 00
Revlow Board 4 . $ 9.00 00
I to 0-. MIa. Comm..... . 8 4 $ 1 300 00
IncomoraI8 Bkb'Zonino FIf. 08d. CornrntfU . 8 4 $ 1,300 00
I to CM 0 R.... Conoln.<:IIIIllty Com..-. 4 8 4 $ 1 300.00
I 0 Revlow Boord COmm.... 4 8 4 $ 1,30000
ConoIndion B_ E"_. 40 24 8 $ 8,040.00
Final __ Aooroval 18 40 2. S 6.20000
-"~_"T_~CooI 11M 198 216 58 32 0 0 0 0 0 0 0 0 0 0 S 58,000.00
CI"n S 15,000.00
Lond-=-a _1rrioaIlaft $ 4,000.00
-... $ 8,000 00
IIEP'_FII9_~1 S .00,000 00
ToUI AE lOO!1. DOCUIIENTS S 121,00000
0 B_na__
~ Cod.ence 4 4 4 $ 1240.00
- ......... 8 40 $ 5,400.00
A__ion 8 4 $ 1,440.00
_.... ~ 110... a T.... ~CooI 20 ... 4 0 0 0 0 0 0 0 0 0 0 0 0 S 8.080 00
Chit $ 5,00000
Lend......... _1-...... $ 1,00000
-- S 2,00000
IIEP _FI.._ $ 5,00000
T_AE B___ S 21 oeo 00
E eon___nl7ll_
Pre-ConIIn.JCtion CorIerence . 4 S 9.0000
GononlI Conolruction ___ 158 312 S 53 820.00
Conolruction M..._ 40 180 $ 22,800 00
51. v.... 80 320 $ 45.200 00
St.tlo!Unial t ion 4_ 18 18 $ 3,16000
PI.ncI1Iist._ 18 16 $ 3,780.00
Punc:I1IislVoril_t_ionl4_1 16 18 $ 3,780.00
FtnoI Aoorovo/ -ion ._ 16 18 S 3,76000
........ CIooaouI 8 2. S 3,640.00
-"~Houra" ToloI ~CooI 362 884 0 0 0 0 0 0 0 0 Q 0 0 0 0 S 1412.00.00
Ci"y S 10000.00
-- $ 2,000.00
-... $ 10,00000
IIEP _.... FI.. _ EIodrtcoI S 25,000.00
TOUI AE ConotnIc:aorl Ad__ $ 188,24000
_E_ lAbor RIf.. Per How """'--... a_ ~(T- A,B,C,DK) S -,14O.1lO
O\A""-pacl<sl E__ 125.000 00 PmcJAI<h. "'_ $125.00 eM! S eo,OOOJlO
(AddiI__i_and Pr_....1 II - S ",000.00
I~Jr._oeI S7500 IIEP $ 11O,llOO.00
CAOO 000raI0t 86500 --- S I5.QOQ,1IO
Pm. MEP [~ "'_ $125.00 SubT_AE_ S I71t4O.1lO
BeciMocIl .- $11000 RoI....~(P__ondAdcl_~) $ 21,000.00
CtvIVStn.ld. E .- $125.00 Iloundooy T__ Undorv......""......., $ 1O,llOO,00
Jr.E AI $80.00 __ T-.... S 15,llOO.1lO
Pm. M:I1. '" Rae<> $110.00
$76.00
TOlaI $25,000.00 CIoricaJ $50.00 T_ Foe S ..114O.1lO
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, awarding a professional
services agreement to Brown & Brown Architects Inc., in an amount not to exceed $661,140, for architectural,
engineering, and landscape architectural services for the, design, bid and award, and construction
administration services for the renovation and construction of the Scott Rakow Youth Center, from the
reviousl a ro riated Pa -as-You-Go fund and Miami-Dade Coun Bond.
Ke Intended Outcome Su orted:
Ensure well designed quality capital projects.
Issue:
Should the City Commission accept the City Manager's recommendation to award a contract for architectural,
engineering, and landscape architecture services for the design, bid and award, and construction
administration services for the renovation and construction of the Scott Rakow Youth Center in a not to exceed
amount of $661,140, to the firm of Brown & Brown Architects Inc.?
Item Summa IRecommendation:
The Scott Rakow Youth Center (SRYC) Renovation Project (the "Project") was initiated by the Mayor and
City Commission in 1994 and was a part of the original $15 Million Parks Bond issue. The original scope called
for the expansion and renovation of the ice rink and other improvements to the SRYC. After the default of IBLA
Contractors from the Project, the City subsequently finished the new Ice Rink and achieved a Certificate of
Occupancy under F&L Construction on 4-4-2006. On October 17, 2005, the City of Miami Beach tasked Brown
and Brown Architects (an NE firm on the City's rotational list) with developing a schematic conceptual master
plan which would evaluate code concerns, including ADA and Fire Safety, validate the program and the budget
and propose a phasing plan for construction. Brown and Brown participated in various site meetings to
evaluate the existing conditions of the facility and met with the users to review the scope of work which would
be necessary to bring the facility into compliance and fulfill the operational and programmatic requirements that
the City presented to the community. After various meetings with the Parks and Recreation Department, the
SRYC Advisory Board, the Facility Managers, the Property Management Division, the Fire Department, and the
Building Department, Brown and Brown proposed an acceptable schematic conceptual master plan and budget
which would be phased over an estimated one year of design and eighteen months of construction, while the
facility would remain in operation. On May 10, 2006, the Mayor and City Commission approved the issuance of
Request for Qualifications (RFQ) 26-05/06 Architectural, Engineering, and Landscape Architecture Services for
the Planning, Design, Bid and Award, and Construction Administration Services for the Renovation and
Construction of the Scott Rakow Youth Center Project. On September 6, 2006, the City Commission
authorized the Administration to enter into negotiations with the top-ranked firm of Brown and Brown Architects.
The City Administration negotiated an agreement and recommends approval of the attached Resolution
awarding a professional services agreement to Brown & Brown Architects Inc., in an amount not to exceed
$661,140, for architectural, engineering, and landscape architectural services for the design, bid and award,
and construction administration services for the renovation and construction of the Scott Rakow Youth Center,
with reviousl a ro riated fundin .
Advisory Board Recommendation:
IN/A
Financial Information:
08
1
2
Total
Amount
$581,140
$80,000
$661,140
Account
Pay-as Y ou-Go-Fund 302-2513.
Miami-Dade County Bond mdc-2513
Approved
Financial 1m act Summa
Ci Clerk's Office Le islative Trackin
Graciela Escalante R.A., Senior Capital Projects Coordinator
Sign-Offs: Department Assistant City Manager
Director
JECh T
T:\AGENDA\2006\dec0606\Regular\SRYC-AE-Services r wn-Summary Dec0606,doc
City Manager
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MIAMIBEACH
AGENDA ITEM
DATE
~7B
/ ,).-v, -tl b
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager '\ ~
December 6, 2006. ~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AWARDING A PROFESSIONAL SERVICES
AGREEMENT TO BROWN & BROWN ARCHITECTS INC., IN AN AMOUNT
NOT TO EXCEED $661,140, FOR ARCHITECTURAL, ENGINEERING, AND
LANDSCAPE ARCHITECTURAL SERVICES FOR THE DESIGN, BID AND
AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE
RENOVATION AND CONSTRUCTION OF THE SCOTT RAKOW YOUTH
CENTER, FROM THE PREVIOUSLY APPROPRIATED PAY-AS-YOU-GO-
FUND AND MIAMI-DADE COUNTY BOND.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the previously appropriated funding for the Scott Rakow Youth
Center Project in the Pay-as-You-Go Capital Fund 302-2513 and Miami-Dade County
Bond.
ANAL YSIS
The Scott Rakow Youth Center (SRYC) Renovation Project (the "Project") was initiated by
the Mayor and City Commission in 1994 and was a part of the original $15-Million Parks
Bond issue. The original scope called for the expansion and renovation of the ice rink and
other improvements to the SRYC.
The following is a chronology of the work at the Scott Rakow Youth Center:
· On June 19, 1996, the Mayor and City Commission approved the Master Plan for the
improvements to the City's Parks and Recreation facilities of which the Scott Rakow
Youth Center (Project) was a component.
· On July 16, 1996, an Agreement was executed with The Corradino Group for design,
bidding and construction administration for the Project.
· On April 9, 2001, a Notice to proceed was given to International Builders.
· On April 24, 2001, construction began on Phase I of the project.
· On July 21, 2003, International Builders was certified in default of the contract.
Commission Memorandum-SRYC AE Resolution
December 6, 2006
Page 2 0'5
· On October 10, 2003, the permit was changed to F&L Construction, who was tasked to
complete Phase I and achieve a Temporary Certificate of Occupancy (TCO) for the
project.
· On January 9, 2004, a TCO was achieved on the project.
· On April 4, 2006, a Certificate of Occupancy was achieved on the Project for Phase I.
· On October 17, 2005, the City of Miami Beach tasked Brown and Brown Architects (an
AlE firm on the City's rotational list), with developing a schematic conceptual master plan
for which they would evaluate code concerns, including ADA and Fire Safety, validate
the program and the budget and propose a phasing plan for construction,
Brown and Brown have participated in various site meetings to evaluate the existing
conditions of the facility and met with the users to review the scope of work which would
be necessary to bring the facility into compliance and fulfill the operational and
programmatic requirements that the City presented to the community. After various
meetings with the Parks and Recreation Department, the SRYC Advisory Board, the
Facility Managers, the Property Management Division, the Fire Department, and the
Building Department, Brown and Brown proposed an acceptable schematic conceptual
master plan and budget which would be phased over an estimated one year of design
and 18 months of construction, while the facility would remain in operation.
· On May 10, 2006, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) 26-05/06 Architectural, Engineering, and Landscape Architecture
Services for the Planning, Design, Bid and Award, and Construction Administration
Services for the Renovation and Construction of the Scott Rakow Youth Center Phase II
Project. The purpose of this RFQ was to obtain qualifications from professional
consulting firms to provide Architectural and Engineering Services for the planning,
design, bid and award and construction administration services for the renovation and
construction of the Scott Rakow Youth Center Phase II Project.
· RFQ No. 26-05/06 was issued on May 12, 2006 and the submittals opened on June 27,
2006. A pre-RFQ proposal meeting was held on June 1, 2006.
· On July 10, 2006, and on July 20, 2006, an evaluation committee convened to review
submittals and interview and rank the candidate AlE firms, Brown and Brown Architects
was unanimously ranked No.1, followed by MC Harry Associates, Inc, at No.2, and BEA
International at No, 3.
· On September 6, 2006, the City Commission authorized the Administration to enter
into negotiations with the top-ranked firm of Brown and Brown Architects.
SCOPE OF SERVICES
The scope of work for the renovation of the existing facility consists of the following
components: expand the existing parking lot by 44 parking spaces and provide a bus drop-
off area which separates vehicular and pedestrian traffic; provide ADA accessible walkways
from the handicapped parking to the main entrance and to the new outdoor playground area;
convert the old ice rink into a multi-purpose room; renovate the existing entry plaza;
construct a new entry addition with security counter and lobby and a new handicapped
accessible elevator; provide first floor renovations, including a new snack bar, new ADA
accessible bathrooms; new fitness center; new lighting, flooring and ceiling treatments;
second floor renovations including new classrooms, new music room, new reading room,
storage room, and renovated Parks Department staff office areas, The renovations will
Commission Memorandum-SRYC AE Resolution
December 6, 2006
Page 3 of 6
include a new fire sprinkler system, and central fire alarm system for the entire facility, as
well as upgrading existing HVAC systems for the new design loads, In addition, new offices
for the pool manager and the golf starter, a new trash collection area, and a new Zamboni
drainage pit for the new ice rink will be provided.
The City has received a proposal from Arthur Hills, Steve Forest and Associates (AHSFA) to
provide a conceptual design of the Par 3 Golf Course. This proposal includes the
preparation of an overall schematic plan of the golf course and improvements for each hole
including tee shape and orientation, fairway and green bunker design in plan, green design
improvements in plan, fairway patterns and such items as ponds to provide strategic and
aesthetic qualities and other related improvements. AHSFA will also evaluate the drainage
requirements of the site and make the appropriate recommendations, This study will provide
the City with a cost for the renovation of the Par 3 Golf Course. The conceptual design will
be presented to the residents as part of an on-going dialogue regarding the use of the golf
course and its relation to the Youth Center. In addition, AHSFA will coordinate their work with
the planned improvements for the SRYC included in Brown & Brown's scope of work.
The City has met with the residents of the SRYC community and is attempting to reach an
appropriate compromise that could satisfy both stakeholder groups' concerns regarding the
location of on-site parking and the playfield and the impact these improvements may have
on the Par 3 golf course and the neighborhood.
A Tentative Phasing Schedule and Estimated construction costs were developed as follows:
Phase 1-A:
Entry Addition, Entry Renovations, Elevator & Entry Plaza:
$1,400,000
Phase 1-8:
Convert Old Ice Rink into Multi-Purpose Room, and
First and Second Floor Restrooms:
$800,000
Phase 2:
Second Floor Renovations:
$900,000
Phase 3:
First Floor Renovations:
$280,000
Phase 4:
New Parking, Accessible walks and Repaving existing Parking:
$300,000
Phase 5:
New Play area and Golf Starter Office:
$150,000
Phase 6:
New Pool Manager's Office, Zamboni Pit & Trash Collection Area:
$70,000
$390,000
$4,290,000
Construction Contingency:
Estimated Construction Costs:
Commission Memorandum-SRYC AE Resolution
December 6, 2006
Page 4 of 5
The architectural fee negotiated with Brown & Brown Architects Inc. includes the following
services:
Architectural/Engineering Fee: Design-Construction Administration (18 months): $571,140
Reimbursable Expenses: $25,000
Boundary and Topographic and Underground Survey: $50,000
Geotechnical Testing Services: $15,000
Total Fee:
CONSULTANT TASKS
$661,140
Brown & Brown will be tasked with the following duties and responsibilities:
Task 1 - Design Services
Task 2 - Bid and Award Services
Task 3 - Construction Administration Services
Task 4 - Additional Services
Task 5 - Reimbursable Services
Task 1 - Desion Services: The Purpose of this Task is to establish requirements for preparation of
the contract documents for the Project based on the approved master plan for the renovations to the
Scott Rakow Youth Center. The Project will be phased in 5 or more phases to be better defined after
a thorough review of the existing conditions and the parameters established by the Fire Department
and Building Department. The City's intent is for Brown & Brown and its Sub-Consultant's is to
phase the project based on practical construction limitations as well as integrate the Structural,
Mechanical and Life Safety systems which comprise each phase to achieve Completion on a phase
by phase basis and Final Certification upon the successful completion of all phases. It will be the
responsibility of the AlE firm to work out these issues with the Agencies having Jurisdiction, since
the facility will be in operation while under construction.
Note that the selected firm will be required to perform a variety of forensic tasks to verify, to the
extent practicable, existing conditions and the accuracy of base maps to be used for development of
the contract drawings. These tasks include, but may not be limited to, surveying, utility verification,
and listing encroachments in the Right of Way using formats established for the City's Right of Way
Infrastructure Improvement Program. In addition, Brown & Brown will follow the City standards for
the preparation of contract documents, inclusive of drawings, specifications and front end
documents, and cost estimates. Review submittals will be prepared at the 60% and 100% for City
staff review and permitting completion stages.
Contract documents will be subject to constructability and value engineering reviews to be
performed by others. The selected firm will attend and participate in Community and/or user groups
Design Review Meetings (CDRM) to present and discuss the design progress and concept at
different stages during the design; and will work with the City to adjust 1 revise project scope as may
be deemed necessary to meet established budgets as the design evolves through the stages of
completion. The selected firm will also be responsible for reviewing and receiving approvals of its
construction documents from all jurisdictional permitting agencies and boards prior to finalization. To
facilitate the implementation of a Public Information Program, the selected firm will provide electronic
files of all project documents, as directed by the City. City in-house Departments shall be required
to respond, in writing, to all review comments. Presentation formats will be as directed by the City.
Note that the selected firm 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 potential of its contract documents.
Commission Memorandum-SRYC AE Resolution
December 6, 2006
Page 5 of 5
Task 2 - Bid and Award Services: The City is contracting with a CM for pre-construction services
for this Project. The CONSULTANT shall assist, advise and evaluate bids and the GMP
Amendment(s) as required in the Pre-Construction Services Agreement, attached as Schedule E
incorporated herein by reference. City shall transmit permit approved contract documents prepared
by the CONSULTANT to the City's Risk Management and Procurement Departments for verification
of appropriate insurance and bonding capacity requirements for each Project prior to bid. Various
departments within City (Risk Management, Procurement and the City Attorney's Office) have non-
technical review responsibility for the Construction Contract Documents. CONSULTANT shall assist
City in this process by providing three copies of Construction Documents, participating in meetings,
submissions, resubmissions and discussions with these departments. CONSULTANT shall respond
to City comments within ten calendar days of receipt of comments unless a different time schedule
is agreed to by City. CONSULTANT's compensation includes meeting with these departments as
requested by the City's Representative.
CONSULTANT shall provide City and CM with reproducible, camera ready, sets of permit approved
Construction Documents.
The CM shall conduct one or more pre-bid conferences. CONSULTANT shall attend the pre-bid
conference and bid opening for each phase of this Project and review, and advise the City
accordingly. The Consultant shall review the GMP proposals submitted by the CM and advise the
City and make recommendation for award.
Task 3 - Construction Administration Services: Brown & Brown shall perform a variety of tasks
associated with the administration of the construction contract and construction management of the
project. These shall include attendance at the pre-construction conference, attendance at weekly
construction meetings for a period of 18 months, responding to Contractor requests for information 1
clarification, responding and evaluating Contractor requests for change orders I contract
amendments, review of shop drawings, review of record drawings, review and processing of
contractor applications for payment, specialty site visits, project closeout reviews including
substantial and final punch list development and project certification, warranty administration. The
City will provide day-to-day construction administration and observation service on the Project.
Task 4 - Additional Services: No additional services are envisioned at this time. However, if such
services are required during the performance of the Work, they will be requested by the City and
negotiated in accordance with contract requirements, and awarded according to the City's
procurement process.
Task 5 - Reimbursable Services: The City may reimburse additional expenses such as reproduction
costs.
CONCLUSION
The Administration recommends approval of the attached Resolution awarding a professional
services agreement to Brown & Brown Architects Inc., in an amount not to exceed $661,140, for
architectural, engineering, and landscape architectural services for the, design, bid and award, and
construction administration services for the renovation and construction of the Scott Rakow Youth
Center, from the previously appropriated Pay-As-You-Go fund and Miami-Dade County Bond.
Attachments: AlE Agreement.
AlE Proposal Spreadsheet.
Schematic Master Plan Documents
T:\AGENDA \2006\dec0606\ReguJar\SRYC-AE-Services Brown -Memo-Dec-0606.doc
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
BROWN & BROWN ARCHITECTS INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
RENOVATION OF THE SCOTT RAKOW YOUTH CENTER
DECEMBER 2006
Scott Rakow Youth Center Phase 2
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
1,8 Basic Services
1 .9 The Project
1.9,1 The Project Cost
1.9.2 The Project Scope
1 . 1 0 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
ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
BASIC SERVICES
Design Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
ARTICLE 3.
THE CITY'S RESPONSIBILITIES
ARTICLE 4.
RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5.
ADDITIONAL SERVICES
ARTICLE 6.
REIMBURSABLE EXPENSES
11
Novembe r 8, 2006
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
5
5
5
5
6
6
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8
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14
15
16
Scott Rakow Youth Center Phase 2 Novembe r 8, 2006
ARTICLE 7. COMPENSATION FOR SERVICES 16
ARTICLE 8. CONSUL TANT'S ACCOUNTING RECORDS 18
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 18
ARTICLE 10. TERMINATION OF AGREEMENT 19
10.1 Termination for lack of Funds 19
10.2 . Termination for Cause 19
10.3 Termination for Convenience 20
10.4 Termination by Consultant 20
10.5 Implementation of Termination 20
10.6 Non-Solicitation 21
ARTICLE 11. INSURANCE 21
ARTICLE 12. INDEMNIFICATION 22
ARTICLE 13. VENUE 22
ARTICLE 14. LIMITATION OF LIABILITY 23
ARTICLE 15. MISCELLANEOUS PROVISIONS 23
ARTICLE 16. NOTICE 25
SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSULTANT COMPENSATION
HOURLY BILLING RATE
PROJECT SCHEDULE
PRE-CONSTRUCTION SERVICES AGREEMENT
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
BEST VALUE AMENDMENT
27
28
29
30
31
32
33
34
1lI
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
BROWN & BROWN ARCHITECTS INC.
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
FOR THE
RENOVATION OF THE SCOTT RAKOW YOUTH CENTER
This Agreement made and entered into this _ day of _December_, 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
BROWN AND BROWN ARCHITECTS., a Florida corporation having its principal office at 7100 SW 99
Avenue, Miami, Florida 33173 (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 and landscape architecture, engineering services for the Project at the agreed fees as
set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of architectural and interior
design, landscape architectural, engineering and related professional services relative to the Project, as
hereinafter set forth; and
WHEREAS, the City intends to contract with KVC Contractors, Inc., (CM) for construction management
at risk services to provide pre-construction services for the Project (Pre-Construction Services Agreement),
ending up in the execution of a Guaranteed Maximum Price Contract for Construction for each phase of the
Project (the Contract for Construction may also be referred to herein as the GMP Amendment).
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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 governing 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: (Intentionally Omitted)
1.5 CONSULTANT: The "Consultant" is herein defined as Brown and Brown Architects, a Florida
corporation having its principal offices at 7100 SW 99 Avenue, Miami, Florida, 33173. When the term
"Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant. Any subconsultants retained
by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of
the City. The following subconsultants are hereby approved by the City for the Project:
Electrical Engineer: CSA Group
Mechanical Engineer: Hufsey-Nicolaides-Garcia-Suarez Associates Inc.
Structural Engineer: CSA Group
Civil Engineer: CSA Group
Landscape Architect: Laura Llerena & Associates
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.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural and interior design, 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, professional compensation, land cost, if any,
2
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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.
1.1 0.2 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.
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 1 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 Pre-
Construction Services Agreement between the City and KVC Construction Company (Contractor),
3
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
dated December_ ,2006; the Contractor may also be referenced herein, or in the contract
documents as "the Construction Manager (CM)", as defined in Section 1.23 ; 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 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
4
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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 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 - Project Schedule.
Schedule E - Pre-Construction Services Agreement with KVC Contractors, Inc.
Schedule F - General Conditions of the Construction Contract.
Schedule G -Insurance and Sworn Affidavits.
Schedule H - Best Value Amendment.
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.
1.23 Construction Manager (CM): "Construction Manager" or "CM" is herein defined as KVC
Contractors Inc., a Florida Corporation whose address is 9499 NE 2ND Avenue, Suite 205, Miami
Florida, 33126, The City has contracted with the CM pursuant to that certain Pre-Construction
Services Agreement, dated December 2006, and attached as Schedule "E" hereto to provide
construction management at risk services to the City, culminating in the execution, of a Guaranteed
Maximum Price(GMP) Contract for Construction.
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 reauired for commencement of each Task. as defined in
attached Schedule "A" entitled "Scope of Services".
The Consultant's Basic Services shall consist of five Tasks (inclusive of design, bidding/award,
construction administration and additional services) as described in attached Schedule A "Scope of
Services, and including, without limitation, any and all of CONSULTANT's responsibilities and
5
Scott Rakow Youth Center Phase 2
Novembe r 8. 2006
obligations, as set forth in the attached Pre-Construction Services Agreement (Schedule E) and the
General Conditions of the Construction Contract (Schedule F).
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 laws, codes rules and regulations 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 its work, including without
limitation the Design Documents contemplated in section 2.1 below and the attached Schedule "A".
2.1 DESIGN SERVICES:
Consultant shall prepare Design Documents, as noted in attached Schedule "A" (Task 1) entitled
"Scope of Services".
2.2 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A" (Task 2)
entitled "Scope of Services".
2.3 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted in attached Schedule "A"
(Task 3) entitled "Scope of Services".
2.4 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as noted in
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Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
attached Schedule "A" (Task 4) entitled "Scope of Services".
2.5 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.
2.6 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:
2.6.1 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.
2.6.2 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 liD". The Consultant may submit requests for an adjustment to the
Project Schedule, made necessary by undue time taken by the City to approve the Consultant's
submissions, andlor 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.
2.6.3 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
CM and/or 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.
2.6.4 It is further the intent of this Agreement that the Consultant shall perform its duties under
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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.
2.6.5 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 Project Coordinator.
Consultant will use reasonable care and skill in accordance with and consistent with customary
professional standards in responding to items identified as discrepancies, errors and omissions by
others. Consultant shall receive comments from reviewers via a set of marked-up drawings and
specifications. Consultant shall address comments forwarded to it in a timely manner. The term
"timely" shall be construed to mean as soon as possible under the circumstances, taking into account
the requirements of the Project Schedule.
2.6.6 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.
2.6.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by
Consultant. Said certifications shall be in a form and manner as approved by the City's Project
Coordinator.
2.6.8 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.
2.6.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of authorization, or
other form of legal entitlement to practice such services, it shall employ and/or retain only qualified
personnel to provide such services,
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2.6.10 Consultant agrees to employ and designate in writing, within five (5) calendar days after
receiving its initial Notice to Proceed, a qualified licensed professional to serve as the Consultant's
project manager (herein after referred to as "Project Manager"). The Project Manager shall be
authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of Services to be provided and performed under this Agreement. The person
selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by
City. Replacement (including reassignment) of said Project Manager shall not be made without the
prior written approval of the City,
2.6.11 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.
2.6.12 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.
2.6.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or
organization, without City's prior written consent, or unless incident to the proper performance of
Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information concerning Services to be
rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants
and subcontractors to comply with the provisions of this paragraph.
2.6.14 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
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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.
2.6.15 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.
2.6.16 It is further the intent of this Agreement that the Consultant shall perform its duties under
this Agreement in a competent, timely and professional manner and that it shall be responsible to the
City for any failure in its performance except to the extent that acts or omissions by the City or others
make such performance impossible.
2.6.17 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.
2.6.18 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
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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 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. 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.
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
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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 thereof to 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 (Le., where delegated
to the City Manager or his designee) in this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment,
sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made
pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of
the stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an
appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment
to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager's
appointed designee(s), upon the Consultant's written 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).
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3.8 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations (exclusive of
those authorizations reserved to the City Commission) to the Consultant. These authorizations shall
include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans,
reports, estimates, contracts and other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to
this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to
render administrative decisions promptly to avoid unreasonable delay in the progress of the
Consultant's Services. The City Manager, in his administrative discretion, may consult with the City
Commission concerning disputes or matters arising under this Agreement regardless of whether such
matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to
reallocate monies already budgeted toward payment of the Consultant, provided, however, that the
Consultant's compensation or other budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to
issue a Notice to Proceed, as referenced in Article 2 and 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
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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.
4.2 The City shall contract with Construction Manager(CM) to provide Pre-Construction Services for
the Project (Schedule E), leading up to the execution of a Guaranteed Maximum Price (GMP) Contract
for Construction (also referred to as the GMP Amendment) for each phase of the Project.
4.3 The City shall have the option of accepting or rejecting the GMP, as presented by the CM. Should
the GMP be accepted, an agreement reflecting that acceptance (GMP Amendment) will be executed,
and the Construction Cost increased by the GMP amount. Should the GMP not be accepted, the City
may at its option:
i) Reject the GMP and direct the Consultant, in coordination with the CM, to investigate,
redesign, and develop, for City approval, value engineering possibilities, and other cost
savings, and to re-submit a new, lesser, proposed GMP. This may, at the City's option,
include reduction in the Project scope. All services of Consultant in connection with
same shall be performed by Consultant at no additional cost to be City; or
ii) Reject the GMP, take possession of the plans and specifications, and bid the work to a
general contractor or otherwise complete with other forces or take such action, if any,
that the City may determine is in its best interest.
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 subconsultants
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whether previously retained for the Services or not or whether participating as members with
Consultant or not, subject to the City's right to previously approve any change in Consultants as set
forth in this Agreement.
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 an allowance set aside by the City and are not in addition to the
compensation for Basic and Additional Services but include actual expenditures made by the
Consultant in the interest of the Project. The Reimbursable Expenses allowance as specified in
Schedule "B", belongs to the City and must be approved in advance by the City's Project Coordinator.
Unused portions will not be paid to the Consultant.
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 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.
6.2.2 Expenses for reproduction and the preparation of graphics for community workshops
6.2.3 Expenses for fees for all necessary permits.
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 thirty (30) working 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 $661,140, and a reimbursable
expense allowance of $25,000 as detailed in Schedule "B", for the provision of Basic Services as
described in this Agreement and the Schedule "A", Scope of Services.
7.2 Additional Services authorized in accordance with Article 5 will be compensated using the hourly
rates forth in Schedule "C". Request for payment of Additional Services shall be included with the
monthly Basic Services payment request noted in Article 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
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noted in Schedule "B" " (approved at $25,000). 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 Project or the Consultant's Services is changed substantially and materially,
the amount of compensation may be equitably adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1,2007, 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 Billinq and Payment. With respect to all Services, Consultant shall submit billings on a
monthly basis in a timely manner. These billings shall identify the nature of the work performed; the
total hours of work performed by employee category and the respective hourly billing rate associated
with the employee category from the Hourly Rate Schedule. 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 thirty (30) working 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.
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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 shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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
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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 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 of the Notice of Termination, shall (1) stop the performance
of Services under this Agreement on the date and to the extent specified in the Notice of Termination;
(2) place no further orders or subcontracts except for any that may be authorized, in writing, by the
Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent
that they relate to the performance of the Services terminated by the Notice of Termination; (4)
promptly assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, specifications, correspondence, and all other relevant materials
affected by the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, and as specifically set forth therein.
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.
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:
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(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 in the amount of $1,000,000.00 Single Limit Bodily
Injury and Property Damage coverage for each occurrence, which will include products, completed
operations, and contractual liability coverage. The City must be named as an additional insured on
this policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida,
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 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.
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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.
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in 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.
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ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Equal Opportunity Employment Goals: Consultant agrees that it will not discriminate against
any employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to
ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race, color, religion,
sex, age, national origin, or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and
selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its
Affirmative Action Policy.
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 subconsultant under a
contract with the City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in
cancellation and may result in Consultants debarment.
15.4 No Continqent Fee: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
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 sub-
consultants to be utilized in the performance of work under this Agreement to determine that they
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possess the skill, knowledge and experience necessary to enable them to perform the services
required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for
the performance of the work under this Agreement.
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 Project.
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
Miami Beach, Florida 33139
With a copy to:
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Scott Rakow Youth Center Phase 2
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Jorge E. Chartrand
Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
777 17 Street, Suite 200
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
William F. Brown Jr., AlA
Brown and Brown Architects
7100 SW 99 Avenue
Suite 201
Miami, Florida, 33173
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
CITY CLERK
MAYOR
Attest
CONSULTANT
Brown & Brown Architects Inc.
Sig natu re/Secreta ry
SignaturelPresident
Print Name
Print Name
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SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
SCOPE OF SERVICES
Please refer to attached Schedule.
27
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
RENOVATION OF THE SCOTT RAKOW YOUTH CENTER
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT: BROWN & BROWN ARCHITECTS INC.
BACKGROUND
The City of Miami Beach (City) has developed its multi-million dollar, multi-year "Planned
Progress" Capital Improvement Program to rebuild the City's existing roads,
infrastructure, utilities, parks and facilities, and to build new capital Projects where they
are needed. The Program will dramatically improve the quality of life of the City's
residents and complement the enormous amount of private reinvestment that has taken
place in the City. For the park and facilities projects included in the Planned Progress
Program (including the Project described herein), the City will assign a Senior Capital
Project Coordinator, who will function as the City, and act as the City's agent with regard
to all aspects of this scope of services.
The City will contract with a Construction Manager at Risk firm (CM) to provide Pre-
Construction Services for this Project, leading up to the execution of a Guaranteed
Maximum Price (GMP) Contract for Construction (also referred to as the GMP
Amendment(s)} for each phase of the Project. The Consultant is required to coordinate
all aspects of the design, schedule, bid and award phase, negotiation of the GMP and
construction activities with the CM. The Consultant will be required to work with the CM
as a team in order to evaluate the best approach to the design and construction of this
Project in regards to time, cost and quality of the Project given the parameters
established by the City. The Pre-Construction Services Agreement is attached as
Schedule "E", and by executing this Agreement the Consultant acknowledges said Pre-
Construction Services Agreement, and the anticipated level of coordination required by
the Consultant. The Scott Rakow Renovation Project (the "Project") was initiated by
the Mayor and City Commission in 1994 and was a part of the original $15-million Parks
Bond issue. The original scope called for the expansion and renovation of the ice rink
and other improvements to the Center.
The following is a chronology of the work at the Scott Rakow Youth Center:
· On June 19, 1996, the Mayor and City Commission approved the Master Plan for the
improvements to the City's Parks and Recreation facilities of which the Scott Rakow
1
Youth Center (Project) was a component.
· On July 16, 1996, an Agreement was executed with The Corradino Group for design,
bidding and construction administration for the Project.
· On April 9, 2001, a Notice to proceed was given to International Builders.
· On April 24, 2001, construction began on Phase I of the project.
· On July 21, 2003, International Builders was certified in default of the contract.
· On October 10, 2003, the permit was changed to F&L Construction, who was tasked
to complete Phase I and achieve a Temporary Certificate of Occupancy (TCO) for the
project.
· On January 9, 2004, a TCO was achieved on the project.
· On April 4, 2006, a Certificate of Occupancy was achieved on the Project for Phase I.
On October 17, 2005, the City of Miami Beach tasked Brown and Brown Architects (an
AlE firm on the City's rotational list), with developing a schematic conceptual master plan
for the Scott Rakow Youth Center which would evaluate code concerns, including ADA
and Fire Safety, validate the program and the budget and propose a phasing plan for
construction.
Brown and Brown participated in various site meetings to evaluate the existing
conditions of the facility and meet with the users to review the scope of work which
would be necessary to bring the facility into compliance and fulfill the operational and
programmatic requirements the City has promised to offer to the community. After
various meetings with the Parks and Recreation Department, the SRYC Advisory Board,
the users, the Managers of the Facility, Property Management, the Fire Department and
the Building Department, Brown and Brown proposed an acceptable schematic
conceptual master plan and budget which would be phased over an estimated one to
two years while the facility would remain in operation.
PROJECT SCOPE
The scope of work for the renovation of the existing facility consists of but is not limited
to the following components: validate and acquire community approval of the master
plan, expand the existing parking lot by 44 parking spaces and provide a bus drop off
which separates vehicular and pedestrian traffic, provide ADA accessible walkways from
the handi-cap parking to the main entrance and to the new outdoor playground area,
convert the old ice rink into a Multi-Purpose Room, renovate the existing entry plaza,
provide a new entry addition with security counter and lobby, a new handicap accessible
2
elevator located at the entry addition, first floor renovations including new snack bar,
new ADA accessible bathrooms, new fitness center, new lighting, flooring and ceiling
treatments, second floor renovations include new classrooms, new music room, new
reading room, storage, renovated Park staff office areas, and new lighting, flooring and
ceiling treatments through-out the facility. The renovated facility will require a fire
sprinkler system, a new central fire alarm system for the entire facility as well as an
upgrade of the existing HVAC systems for the new design loads. In addition a new Pool
Manager's office, a Golf Starter Office, a new trash collection area, and new Zamboni
drainage pit (for the New Ice Rink) will be provided.
The projected estimated construction cost is $3,900,000.
TASK 1 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of Construction
Documents for the Project. Note that Task 1.1 requires that CONSULTANT perform a
variety of forensic tasks to verify, to the extent practicable, existing conditions and the
accuracy of base maps to be used for development of the contract drawings, Task 1.2
discusses requirements for the preparation of contract documents, inclusive of drawings,
specifications and front-end documents. Task 1.3 establishes requirements with regard
to constructability and value engineering reviews to be performed by others. Task 1.4
establishes requirements for the preparation of opinions of total probable cost by the
CONSULTANT. Task 1.5 specifies requirements for review of contract documents with
jurisdictional permitting agencies prior to finalization. Task 1.6 establishes requirements
for developing final (100%) contract documents. To facilitate the implementation of a
Public Information Program, CONSULTANT shall provide electronic files of all Project
documents, as requested by City. CONSULTANT shall provide the electronic files for
the front end documents, technical specifications, and construction drawings.
Task 1.1 - Field Verification of Existina Conditions:
The CONSULTANT shall perform a detailed topographic survey of the existing Scott
Rakow Youth Center site and the Par 3 golf Course.The survey shall be bounded by
West 28th Street on the north, Praire Avenue on the west, Miami Beach Senior High
SCHOOL, City of Miami Beach Public Works Yard, the Hebrew Academy, on the south
and Sheridan Avenue on the east. 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 format with a layering system as directed by the CITY. References herein
3
to an average 5-foot offset anticipate that the CONSULTANT shall strive to include a 25-
foot offset perpendicular to the public right-of-way along all project limits where existing
site conditions permit. The intent of the 25-foot offset is to identify existing above ground
information to illustrate hard objects 1 structures adjacent to or abutting the right-of-way
so that the Contractor is aware of the urban nature of the neighborhood and to obtain
spot elevations to verify drainage patterns. It is recognized that some corridors have
structures abutting or adjacent to the right-of-way and that a 25-foot offset may not be
realistic. As a minimum, the survey shall address the following:
-A boundary survey with specific topograghic features as follows; marking of all
property corners, the location and details of the existing building and parking
area near the northeast corner of Sheridan and West 28th Street, the location of
the perimeter improvements and any encroachments, the location of the parking
area near West 28th Street and Prairie Avenue, and the location, size and type
of trees on the parcel and the survey will supply a 50-foot topographic elevation
grid on the entire boundary as described above. (The survey area includes the
SRYC property as well as the Par 3 golf course property and perimeter roads).
-An Elevation Certificate of the existing buildings comprising the Scott Rakow Youth
Center.
-Area calculations of the external fillet of the existing right-of-way of Prairie Avenue
and West Avenue to the straightened (old) right-of-way of Prairie Avenue and
West 28th Avenue.
-CONSULTANT shall locate and identify all the existing surface improvements 1
topographic features that are visible within the project site, such as the following:
~ Existing valve boxes, water I electrical meter boxes, electrical pull
boxes, telephone 1 cable risers, fences, hydrants, roof drains, etc.
~ Above ground and underground utilities, invert elevations of accessible
underground utilities, wood 1 concrete utility poles, culverts, guardrails,
pavement limits, headwalls, end walls, manholes, vaults, mailboxes,
driveways, side streets, trees, landscaping, traffic signage and any other
noted improvements. Survey shall identify fence material 1 height,
landscaping plant materials and driveway construction materials,
Landscaping materials with a trunk diameter greater than 6-inches in
diameter shall be identified.
~ All buildings including overall dimensions and finished floor elevations.
- Survey limits shall include the entire project site and an additional overlap to
encompass all adjoining areas potentially impacted by the project.l
4
· Topographic survey 1 base map shall be prepared in AutoCAD version 14.0
and submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36-
inch bond paper to the City. CAD mapping shall be performed to a scale of
1: 1 in the World Coordinate System. Text size shall be 100 leroy for a final
product at 1 =20 units.
· Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to the following
agencies with a request to mark I identify their respective utilities on the survey base
map. CONSULTANT shall coordinate this effort with each agency in an effort to identify
the location of all underground utilities, CONSULTANT shall incorporate utility owner
markups 1 edits into its survey base map file. CONSULTANT shall contact the following
entities and request that they each verify locations of their existing improvements in the
affected areas:
· Florida Power and Light
· BellSouth
· Charter Communications
· Natural Gas Utility
· Miami-Dade Public Works Department
· Miami-Dade Water and Sewer Authority
· Others as deemed necessary
The CONSULTANT shall become familiar with the Project sites through frequent site
visits, research, and examination of any record drawings, as applicable, and shall notify
the City of any field, onsite, or off-site conditions not shown or incorrectly shown on
record drawings, as may have been reasonably discovered. At the CONSULTANT's
request, the City will facilitate the CONSULTANT's access to the Project site(s) and or
facilities for investigative purposes. Frequent site visits and meetings shall continue
through all design phases of this Agreement until the Consultant is thouroughly familiar
with the existing conditions, any problem areas, and lor existing hazardous conditions or
materials. These site visits are part of the CONSULTANT's Basic Services, are
considered due diligence, and the CONSULTANT shall receive no additional
compensation for such design phase site visits and meetings. Provided that the
CONSULTANT has conducted a good faith investigation, the CONSULTANT and
5
CONSULTANT's sub-consultants shall not be responsible or held liable for undiscovered
hazardous conditions or materials.
Based on the collected data, CONSULTANT shall develop detailed design site plans for
the Project. The site plans shall include an overall key map and partial plans scaled at 1-
inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site
plans and shall prepare final site plans based on the information gathered herein. Copies
of base maps shall be distributed to City.
Deliverables:
. Perform forensic work as noted to develop final
base maps. Deliver five (5) sets of site plans to
City.
Schedule:
. See Exhibit D,
Task 1.2 - Detailed Desian:
CONSULTANT shall prepare detailed design documents consisting of architectural,
structural, civil, mechanical, electrical, landscaping and irrigation and drawings, as
applicable. CONSULTANT shall use City standard details as provided by City, and as
deemed appropriate by CONSULTANT. CONSULTANT shall supplement design
documents with its own additional details, as it deems necessary, to provide City with a
complete work product. All drawings shall be prepared using AutoCAD Version 14
software with a layering system as approved by City,
The CONSULTANT shall provide technical specifications for the Project and they shall
be prepared in conformance with Construction Specifications Institute (CSI) format. City
shall furnish CONSULTANT with standard City specification outlines for Division 1.
CONSULTANT shall refrain from amending FDOT standard specifications and including
same in the detail design documents. Any supplier listings required by specifications
shall include a minimum of two named suppliers, City standard specifications for
Division 1 shall be provided to CONSULTANT in "Microsoft MS-Word" format.
CONSULTANT shall use the same software in all Project related work,
CONSULTANT shall utilize base front-end documents provided by City. CONSULTANT
shall edit accordingly to result in a Project specific document.
Any changes 1 modifications to the General and Supplemental Conditions shall be
subject to review and acceptance by City.
6
CONSULTANT shall attend nine (9) progress meetings with City, Planning and Parks
and Recreation staff during the design task. CONSULTANT shall prepare and maintain a
design progress schedule in Microsoft Project Planner. CONSULTANT shall update the
schedule and review Project status at each progress meeting. Should City determine
that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a
recovery schedule that will 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 CONSULTANT for establishing the detail design milestones:
. 30% design completion shall consist of the completed survey 1 base map
work as identified in Task 2,1 with the proposed improvements identified in
plan view at a scale of 1-inch equals 20 feet. A key map shall also be
provided which illustrates the relationship between the drawings and its
respective location within the neighborhood. An outline identifying the
anticipated technical specifications to be incorporated into the work shall also
be submitted. CONSULTANT shall provide its "Budget" level opinion of
probable cost, as defined by the American Association of Cost Engineers with
the submittal.
. 60% design completion shall consist of the plan and profile view of all
improvements, applicable sections and construction details. Prior to the
preparation of the 60% design drawings the CONSULTANT shall incorporate
changes to its design based upon its underground utility verification efforts,
Plan and profile sheets shall be provided for water and sewer improvements.
CONSULTANT shall include the technical specifications and a draft schedule
of prices bid (bid form) identifying the items to be bid by the prospective
contractors with the submittal. CONSULTANT shall provide its "Budget" level
opinion of probable cost, as defined by the American Association of Cost
Engineers with the submittal. The Consultant shall submit the 60% design to
the DRB andl or the Planning Department for review and comments. Said
comments from the DRB andl or the Planning Department shall be
incorporated into the 100% design submittal.
· 100% design completion shall consist of the entire Construction Document
set including the front end documents (General and Supplemental
Conditions), technical specifications and construction drawings for all the
work proposed to be completed. CONSULTANT shall provide the detailed
7
construction sequencing restrictions for the City's review. CONSULTANT
shall provide its "Definitive" level opinion of probable cost, as defined by the
American Association of Cost Engineers with the submittal.
Deliverables:
· Furnish sets of design documents as requested
by the City pursuant to Article Six(6) of the
Agreement.
· Prepare and update Project Schedule, on a
monthly basis.
· Attend progress meetings with City, DRB andl
or the Planning Department and CMR firm.
Schedule:
. See Exhibit D,
· Note: The above 30%, 60%, and 100% design
documents completions shown in calendar days
are contingent upon City's reviews occurring
within the time frame allowed for final
completions of each task.
Task 1.2.1 - Geotechnical Evaluation
See Task 5.4.
Task 1.3 - Desian 1 Constructabilitv Review:
To verify that all Design Review meeting comments have been incorporated and design
standards have been followed, City and CM shall perform reviews of all Project design
documents at the preliminary (30 percent completion), intermediate (60 percent
completion) and near final (100 percent completion) design stages. The purpose of
these reviews shall be to verify that the documents are consistent with the design intent.
The City and CM shall also review CONSULTANT's prepared cost estimates for the
Project at the 30, 60 and 100 percent submittal stages. Sets of construction drawings
and specifications shall be submitted to the City and to the CM at the 30 percent design
level completion and at the 60 and 100-percent design level completion. The number of
sets are to be determined at a later date and pursuant to Article 6 of the Agreement.
These documents will be furnished as bound 8-1/2-inch by 11-inch specifications, full
sets will consist of 24-inch by 36-inch blue line drawings, or 11" X 17" drawing(s) as
requested by the City. City and CM and applicable City departments shall perform
reviews on these documents and provide written comments (in the form of markups of
submitted documents) back to CONSULTANT within the timeframes specified in
8
Schedule D of this Agreement. Following receipt of comments, a meeting shall be
scheduled between City, CONSULTANT and CM to discuss the requirements, intent and
review of comments. CONSULTANT shall prepare a written memorandum to address
how each comment was resolved. Such written response shall be prepared and
submitted to City for acceptance, within 7 calendar days after the review session,
CONSULTANT shall revise documents to include review comments accordingly.
In addition, City and CM shall perform constructability reviews of the design documents
relative to value, construction sequencing and schedule and bid format. The
constructability reviews shall be based upon the 60 and 100 percent design submittals
received from the CONSULTANT and shall be conducted concurrently with the 60 and
100 percent design reviews. Meetings shall be held with CONSULTANT and City
representatives and CM to discuss review comments, as required. A detailed review of
CONSULTANT's proposed construction sequencing restrictions will be performed by
City and CM at the 30-60-100-percent completion stages, The CONSULTANT shall
note that the City and CM's review of the Construction Documents does. not relieve
CONSULTANT from its responsibility to the City with regard to the quality of its contract
documents,
Deliverables:
· Furnish sets of design documents as requested by the City pursuant to
Article 6 of the Agreement.
· Attend meetings with City and City and CM to review and discuss design,
constructability and value comments.
· Prepare written responses to comments made during review sessions.
Schedule:
,
· Complete concurrently with Design schedule.
Task 1.4 - Cost Opinions:
CONSULTANT shall prepare opinions of probable construction costs for each design
submittal (30, 60) as well as the final (100 percent) completion stage, The accuracy of
the cost estimate associated with the 30 and 60 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 100 percent completion stage shall be
a +15% to -5% "Definitive" Level Estimate as defined by the American Association of
Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in
accordance with the template approved by City. All estimates shall be furnished bound in
9
8-1/2-inch by 11-inch size. Based upon CONSULTANT's cost estimate, City shall advise
CONSULTANT if portions of the Project need to be deleted, phased andlor bid as
alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise
documents to reflect such issues accordingly. In addition, the Consultant shall advise the
City immediately when the Project cost estimate exceeds the budget established by the
City.
Deliverables:
· Prepare opinions of probable costs at the 30, 60, and 100 percent
completion stages.
· Attend meetings with City and CM to review and discuss cost estimates.
Schedule:
· Complete concurrently with Design schedule,
Task 1.5 - Community Desian Review Meetina
CONSULTANT shall attend and participate in three (3) community design review
meetings to review the design progress and concept at 60% design completion status.
The City will schedule, find location for, and notify residents of said meeting.
CONSULTANT shall prepare draft meeting minutes and forward them to City and CM,
who shall review, provide comments and distribute, accordingly. CONSULTANT base
fee proposal shall include participation and attendance of three (3) meetings.
CONSULTANT shall identify in the fee proposal, the cost to participate in one (1)
additional such meeting should it be necessary based on Community Input.
Task 1.6 - Document Revisions
Based upon the input provided by the residents, CONSULTANT shall incorporate the
necessary contract document as approved by the City.
Task 1.7 - Permittina Reviews:
CONSULTANT shall prepare applications and such documents and design data as may
be required to procure approvals from all such governmental authorities that have
jurisdiction over Project. City shall pay all permit fees. CONSULTANT shall participate in
meetings, submissions, resubmissions and negotiations with such authorities.
CONSULTANT shall respond to comments by such authorities through City within 10
. calendar days of receipt of comments unless a different time is agreed to by City, It is
10
the intent of this Scope of Services that CONSULTANT shall be the responsible party for
formally transmitting and receiving permits to and from the respective authorities. City
shall track and monitor progress on the preparation and review of permits and
subsequent requests for information. It is recognized by City that the time period for
obtaining permits is beyond the control of CONSULTANT except for issues concerning
the permitability of the design and CONSULTANT's ability to respond to permitting
agency requests for information, It is the CONSULTANT's responsibility to determine
and coordinate with the all agencies which have jurisdiction over the Project. The
following governmental authorities that have or may have jurisdiction over Project have
been identified, this list is not all inclusive:
. Miami Dade Water and Sewer Authority
. South Florida Water Management District
. Miami-Dade Department of Health
. Florida Department of Environmental Protection
. Miami-Dade Department of Environmental Resource Management
. City of Miami Beach Building Department
. Department of Environmental Protection
. City of Miami Beach Public Works Department
· City of Miami Beach Planning Department
· City of Miami Beach Fire Department
Failure to identify governmental authorities that have jurisdiction over Project at the time
of permitting scope preparation does not relieve CONSULTANT from responsibility to
pursue the permit as described above.
Deliverables:
· Correspond with jurisdictional authorities to establish permitting
requirements.
· Revise documents and respond to permitting inquiries as required.
· Attend meetings with City and CM to review and discuss permitting
status.
Schedule:
· Complete concurrently with the design schedule.
11
TASK 2 -BIDDING AND AWARD SERVICES
Task 2.1 - Construction Contract Document Review
The City is contracting with a CM for pre-construction services for this Project. The
CONSULTANT shall assist, advise and evaluate bids and the GMP Amendment(s) as
required in the Pre-Construction Services Agreement, attached as Schedule E
incorporated herein by reference.
City shall transmit permit approved contract documents prepared by the CONSULTANT
to the City's Risk Management and Procurement Departments for verification of
appropriate insurance and bonding capacity requirements for each Project prior to bid.
Various departments within City (Risk Management, Procurement and the City
Attorney's Office) have non-technical review responsibility for the Construction Contract
Documents. CONSULTANT shall assist City in this process by providing three copies of
Construction Documents, participating in meetings, submissions, resubmissions and
discussions with these departments. CONSULTANT shall respond to City comments
within ten calendar days of receipt of comments unless a different time schedule is
agreed to by City. CONSULTANT's compensation includes meeting with these
departments as requested by the City's Representative.
Task 2.2 -Subcontract Bid Document Delivery
CONSULTANT shall provide City and CM with reproducible, camera ready, sets of
permit approved Construction Documents.
Task 2.3 - Pre-Bid Conference
The CM shall conduct one or more pre-bid conferences. CONSULTANT shall attend the
pre-bid conference and bid opening for each phase of this Project and review, and
advise the City accordingly.
Task 2.4 - Addenda Issuance
CONSULTANT shall provide, through City, timely responses to the inquiries of
prospective bidders by preparing written addenda. Format for addenda shall be as
provided to CONSULTANT by City. These queries and responses shall be documented
and a record of each shall be transmitted to City on a same day basis. CONSULTANT
shall prepare and distribute necessary addenda as approved by City.
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Task 2.5 - Subcontract Biddina and Evaluation
CONSULTANT shall coordinate with the eM the pr~cess for evaluation, review and
acceptance of the subcontract bidding. The Consultant shall be present with the City
and CM when the bids are opened and shall be evaluated by the CONSULTANT who
shall make a recommendation to the City regarding the acceptance and award of bids to
qualified responsive and responsible subcontractors.
CONSULTANT shall evaluate the bids for completeness, full responsiveness and price,
including alternative prices and unit prices, and shall make a formal recommendation to
City with regard to the award of contract. Non-technical bid requirements shall be
evaluated by others.
This Scope of Services includes no allowance for CONSULTANT's time to assist City in
the event of a bid protest. To the proportionate extent CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by
CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to
City.
Task 2.6 - Guaranteed Maximum Price (GMP) Construction Contract Award
CONSULTANT shall provide sets of construction contract documents for execution by
City and the CM within five calendar days of request by City pursuant to Article 6 of the
Agreement.
Task 2.7 - As- Bid Contract Documents
After GMP contract award and prior to the pre-construction conference, CONSULTANT
shall prepare As-Bid construction contract documents, which incorporate the following
items:
· CM's submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
· Amend 1 modify front end documents and 1 or technical specifications to
incorporate changes made via contract addenda.
· Revise Construction Documents to include modifications 1 revisions
incorporated via contract addenda.
CONSULTANT shall prepare As-Bid Construction Documents and reproduce sets as
requested, for distribution to City within ten (10) calendar days after the City Commission
approval! contract execution.
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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
· Prepare As-Bid contract documents, reproduce sets and forward to City,
Schedule:
· See Schedule Exhibit D.
TASK 3 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks associated with office
administration activities related to the construction of the Project. These tasks shall be
performed during the duration of the construction Project. CONSUL TANT's
compensation is based upon a construction period of 18 calendar months.
Task 3.1 - Pre-Construction Conferences:
CONSULTANT shall attend a pre-construction conference for the Project. The
CONSUL TANT shall be responsible for preparation and distribution of meeting minutes
to all attendees and other appropriate parties. City shall issue a Limited Notice to
Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued
upon receipt of a final schedule and procurement of all applicable construction permits
from the CM.
Deliverables:
· Attend and participate in pre-construction conferences.
Schedule:
· As scheduled by City after receipt of Task 3 Construction Administration
Notice to Proceed.
Task 3.2 - Weeklv Construction Meetinas: CONSULTANT shall attend weekly
meetings with the Contractor, City 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 CONSULTANT shall review the CM furnished 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 CONSULTANT shall be responsible for
14
the preparation and distribution of meeting minutes to all attendees and other
appropriate parties within four (4) working days after the progress meeting.
Deliverables:
· Attend and participate in weekly progress meetings with CM and prepare
weekly meeting minutes and distribute.
Schedule:
· Weekly throughout the Project duration.
Task 3.3 - Reauests for IRFls):
The CONSULTANT will receive, log and process all RFI's. The CONSULTANT shall
distribute and update the RFI log at each progress meeting. The CONSULTANT shall
prepare a response in seven (7) calendar days and return it to City.
Deliverables:
· Respond to all RFI's and return to CM and City's office. Prepare RFI log
and distribute at the bi-weekly progress meetings.
Schedule:
· Ongoing throughout Project construction duration.
Task 3.4 - Reauests for Chanaes to Construction Cost andlor Schedule:
The CONSULTANT will receive, log and evaluate all requests for Project cost andlor
schedule changes from the CM and report such to the City at the weekly progress
meetings at a minimum. The CONSULTANT shall distribute and update the Change
Order log at each progress meeting. Changes may be the result of unforeseen
conditions or interferences identified by the Contractor during the routine progress of
work, inadvertent omissions (betterment) issues in the contract documents, or additional
improvements requested by the City or CONSULTANT after approval of the GMP
Amendment(s) by the City Commission. Regardless of the source, CONSULTANT will
evaluate the merit of the claim as well as the impact of the potential change in terms of
Project cost and the schedule. CONSULTANT will review claims and 1 or change order
requests with City. No claims assistance services are included under this task.
Deliverables:
· Perform independent review of request for cost increase andlor time
extension.
· Coordinate and participate in meetings, as required, with City and CM to
resolve andlor negotiate the equitable resolution of request.
· Prepare and execute change order documentation.
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. Prepare and update change order log and distribute at the weekly
progress meetings,
Schedule:
. Ongoing throughout Project construction duration.
Task 3.5 - Processina of Shop Drawinas:
The CONSULTANT will receive, log and distribute shop drawings to its Sub-
CONSULTANT's for its review. CONSULTANT shall have 14 calendar days from the
time of receipt in its office, to review and return shop drawings to CM and City's office.
Deliverables:-
. Review Shop Drawings and return them to City's office.
Schedule:
. Prepare and update change order log and distribute at the weekly
progress meetings.
. On going throughout Project construction duration.
Task 3.6 - 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,
structural, mechanical, plumbing, electrical, and landscaping) on an as requested basis,
For the purposes of this Scope of Services, it is assumed that specialty site visits are
included in the Scope of Services and will be provided by the CONSULTANT as required
by the Project.
Deliverables:
. Provide specialty site visits as required.
Schedule:
· Ongoing throughout Project construction duration.
Task 3.7 - Proiect Closeout: Upon receiving notice from the CM advising the
CONSULTANT that the Project is substantially complete, CONSULTANT, 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.
CONSULTANT shall develop the Substantial Completion Punch list. The Substantial
Completion Punch list shall be forwarded to the CM. For the purposes of this provision,
substantial completion shall be deemed to be the stage in construction of the Project
. . . .
where the Project can be utilized for the purposes for which it was intended, and where
16
minor items not be fully completed, but all items that affect the operational integrity and
function of the Project are capable of continuous use and the CM has achieved a
Certificate of Occupancy (CO) or Certificate of Completion(CC). The CONSULTANT
shall assist the City with the review of the City's Building Departments comments in
anticipation of CO or CC and shall enforce the contract documents with respect to the
CM's responsibilities to obtain said CO or CC.
The CONSULTANT upon notification from the CM 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 the Contractor, CONSULTANT shall assist in closing out the
construction contract. This shall include, but not limited be to, preparation of record
drawings (based on markups forwarded by Contractor through City), and certifying
record drawings to the various affected permitting authorities. This certification shall be
based on the CONSULTANT having received and reviewed all applicable test data, daily
observation reports, record drawing markups, submittals, change orders and performed
final walk through of the completed work during substantial and final completion punch
list walk thru,
Deliverables:
· Attend field meetings to review substantial
completion and develop "Substantial
Completion punch lists".
Schedule:
· Certify Project completion to appropriate
agencies at the Substantial Completion of
Project and at Final Completion CO or CC.
· In compliance with the General Conditions
of the Construction Contract.
TASK 4 - ADDITIONAL SERVICES
No additional services are envisioned at this time. However, if such services are required
during the performance of the Work, they shall be requested by City and negotiated in
accordance with contract requirements. Note that a separate Notice to Proceed is
required prior to performance of any Work not expressly required by this Scope of
Services. If CONSULTANT, proceeds with out of scope of work without proper
authorization, it does so at its own risk.
17
TASK 5 - REIMBURSABLE EXPENSES
Task 5.1 - Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of
reports, contract documents and miscellaneous items, as may be requested by City.
Unused amounts in this allowance shall be credited back to the City at the completion of
the Project.
Task 5.2 - Travel and Subsistence:
Not Allowed.
Task 5.3 - Survevina:
CONSULTANT shall arrange for and coordinate the efforts of a licensed surveyor to
prepare a survey of the project limits which meets the requirements of Task 1.1. Cost
shall be limited to the noted not-to-exceed amount.
Task 5.4 - Geotechnical Evaluation
CONSULTANT shall arrange for and coordinate the efforts of a geotechnical
professional, who shall conduct a field exploration program to identify typical
geotechnical conditions throughout the project site to ascertain the sub surface
conditions with respect to its drainage design and structural characteristics. The program
will consist of sufficient quantity, depth and type of borings to adequately define the soil
characteristics for the purposes of design. Asphalt pavement depth will be determined to
establish the existing thickness of asphalt. Actual locations shall be as directed by
CONSULTANT. Cost shall be limited to the noted not-to-exceed amount.
Minimum Drawina Reauirement
The composite set of drawings to be produced shall contain sufficient information and
detail to clearly define all proposed improvements in terms of quantity, quality and
location. All drawings and details shall be to a scale sufficient to be legible. The
CONSULTANT shall propose a drawing list to be reviewed and approved by the City.
Site Plans
Existing Conditions - Site Survey - to include property lines, sidewalks, pavement,
landscaping, existing site improvements and buildings, fencing, lighting, overhead and
underground utilities, and dimensions of buildings, pavement areas, fencing, etc.
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Demolition - Clearly depict existing conditions to be demolished or modified.
Proposed Improvements - Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting,
utility modifications, replacements, and additions, etc.
Enlarged Site plans - Where necessary to clearly define Project requirements, provide
enlarged site plans for specific areas of improvement.
Buildina Drawinas
All buildings to be demolished, renovated or constructed shall be detailed in the Project
drawings in sufficient detail to clearly and thoroughly depict the intended improvements
or modifications and shall at a minimum include drawings from all involved disciplines:
Architectural, Civil, Landscape Architecture, Structural, Mechanical, Plumbing, and
Electrical. Drawings shall be organized by building and by discipline.
F:\CAPI\$all\GRACE\General Project Info\Scotl Rakow Phase II-BB-KVC\Brown & Brown Contract\Brown & Brown
Schedule A-SRYC PH2 11-7-06.doc
19
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE B:
SCOTT RAKOW YOUTH CENTER RENOVATION
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & BROWN ARCHITECTS INC.
CONSULTANT COMPENSATION
Please refer to attached schedule and see below Schedule of Payments:
Schedule of Payments
Phase I: 30% Design Documents *
$119,320
$121,500
$121,000
$21,080
$188,240
$50,000
$15,000
$25,000
$661,140
Phase II: 60% Design Documents *
Phase III: 100% Permit Approved *
Bidding
Construction Administration **
Boundary 1 Topographical 1 Underground Survey
Geotechnical Testing(PSI)
Reimbursable Allowance***
Total Contract
Note*: These services will be paid lump sum based on percentage complete of each phase.
Note**: Construction Administration will be paid on a monthly basis. It is anticipated that Construction
will be 18 months, therefore, once construction starts Consultant will be paid $10,458 for 18 months.
In the event that, through no fault of the Consultant, construction administration services are required
to be extended, the Consultant agrees to extent said services for $10,458 per month for the duration
required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City of Miami Beach and must be approved in
advance by the Project Coordinator. Unused portions will not be paid to the Consultant.
28
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
HOURLY BILLING RATE SCHEDULE
Classification Hourlv BillinQ Rate (FY 2006)
Principal/Architect of Record $125 per hour
Registered Architect $110 per hour
Designer / Junior Architect $75 per hour
CADD Operator $65 per hour
Principal MEP Engineer of Record $125 per hour
Electrical/Mechanical Engineer $110 per hour
Civil/Structural Engineer of Record $125 per hour
Civil/Structural Engineer $110 per hour
Junior Engineer All Disciplines $90 per hour
Principal Landscape Architect of Record $110 per hour
Landscape Designer $75 per hour
Clerical $50 per hour
29
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
SEE ATTACHED PROJECT SCHEDULE
30
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC.
See Attached Pre-Construction Services Agreement with KVC Contractors, Inc.
31
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE F
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
See attached General Conditions of the Construction Contract
32
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE G
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & BROWN AND BROWN ARCHITECTS INC
See Attached Insurance and other Sworn Affidavits.
33
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE H
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & BROWN AND BROWN ARCHITECTS INC.
Best Value Amendment
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
F:\CAPI\$all\GRACE\General Project Info\Scott Rakow Phase II-BB-KVC\Brown & Brown Contract\Brown & Brown A & E Agreement
(Long Form)-SRYC PH2.doc
34