HomeMy WebLinkAboutAgreement for Pre-Construction Services with KVC Constructors, Inc.
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AGREEMENT FOR PRE.CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND KVC CONSTRUCTORS INC., FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT
TO RESOLUTION NO. 2006-26416 ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE-
CONSTRUCTION SERVICES FOR THE RENOVATION OF THE SCOTT RAKOW YOUTH CENTER PHASE II
PROJECT.
THIS AGREEMENT, made and entered into this Ji!i1day of P-eofJ1l jf Yo 2006, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, FI.
33139 (hereinafter City), and KVC CONSTRUCTORS, a Florida corporation whose address is 9499 NE 2ND Avenue,
Suite 205, Miami Shores, Fl., 33138 (hereinafter Construction Manager or CM).
WITNESSED:
WHEREAS, the City intends to renovate the existing Scott Rakow Youth Center and desires to engage the
services of CM; and
WHEREAS, the CM desires to act as Construction Manager At-Risk to the City to provide the services as set
forth in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as follows:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings specified below; any capitalized terms referred to herein and not
defined shall have the meanings set forth in the Agreement between City and Construction Manager:
1.1 Architect/Engineer or AlE: The "ArchitecUEngineer" or "AlE" shall mean that person or firm
designated as the architecUengineer for the Project, or any portion thereof. Also referred to as the Consultant,
this entity has entered into a separate agreement with the City for design services for the Project, said
Agreement attached and incorporated as Exhibit VII hereto (also referred to as the AlE Agreement). For
purposes of this Agreement, the ArchitecUEngineer of record for the Project is Brown and Brown Architects Inc,
whose principal address is 7100 SW 99 Avenue, Suite 201, Miami Florida, 33173.
1.2 Bonds: The "Bonds" shall mean the Public Construction Payment Bond and the Public Construction
Performance and Guarantee Bond furnished by the Construction Manager as required by this Agreement.
1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the
Bond (s).
1.4 Budget: The minimum amount established by the City for this Project. Construction Manager herein
acknowledges that, prior to execution of this Agreement; it has received the City's written Budget for the
Project.
1.5 City or Owner: The "City" or "Owner" shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
may also be referred to as the "Owner" in this Agreement. The City, as a governmental entity, is subject to the
availability of funds and annual appropriation of funds by its legislative body and other governmental authorities
or sources of revenue, in an amount to allow continuation of its performance under this Agreement. In the
event of lack of funding for this Agreement, or the Project subject to this Agreement, this Agreement may be
terminated by the City pursuant to the procedures set forth in Subsection 6.2.
1.6 City Commission: "City Commission" shall mean the governing and legislative body of the City. 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.
1.6.1 The City Commission shall be the body to consider, comment upon, or approve of any amendments or
modifications to this Agreement.
1.6.2 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, or any subcontracts made pursuant to this
Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a
corporation.
1.6.3 All City Commission approvals and authorizations shall be expressed by passage of an appropriate
enabling resolution and, as determined by the City if applicable or required, by the execution of an appropriate
amendment to this Agreement.
1.6.4 The City Commission shall approve or consider all contract amendments which exceed the sum of
Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City
of Miami Beach Code in its Procurement Ordinance, as same may be amended from time to time.
1.7 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, a Program Coordinator, and
shall serve as the City's representative to whom administrative requests for approval shall be made and who
shall issue authorizations exclusive of those authorizations reserved to the City Commission, to the CM. 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 CM pursuant
to the Scope of Services set forth in this Agreement, as same may be amended from time to time.
1.7.1 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 he shall attempt to render
administrative decisions promptly to avoid unreasonable delay in the progress of the CM's work.
1.7.2 The City Manager shall additionally be authorized, but not required, upon written request of the CM, to
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reallocate monies already budgeted toward payment of the CM; provided, however, that he cannot increase the
CM's compensation or other budgets established by this Agreement.
1.7.3 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.
1.7.4 The City Manager or his designee shall be the representative, on behalf of the City authorized to issue
a Notice to Proceed.
1.7.5 The City Manager may approve contract amendments which shall not exceed the sum of Twenty-Five
Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami
Beach Code, in its Procurement Ordinance, as same may be amended from time to time.
1.7.6 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.
1.8 CM Principal: The "CM Principal" shall be the person designated by the Construction Manager as its
senior representative to the City. The CM Principal shall perform those duties required in this Agreement and
shall have the authority to commit and obligate the CM, and to fully act for the CM in all maters.
1.9 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties hereto
arising out of or based upon the terms and conditions of the Contract Documents.
1.10 Contract Amendment or Change Orders: "A Contract Amendment" or "Change Order" shall
mean a written order to the Construction Manager 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 or completion dates, as applicable, and executed
by the City, CM and the AlE. Contract Amendments and/or Change Orders affecting changes to the Work shall
be countersigned by the CM and the AlE. Contract Amendments and/or Change Orders shall be approved by
the City Commission if they exceed Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or by the City
Manager if they are Twenty-Five Thousand Dollars and 00/100 ($25,000.00) or less in amount (or such other
amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be
amended from time to time). Even for Contract Amendments and/or Change Orders for less than Twenty-Five
Thousand Dollars and 00/100 ($25,000.00) the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for approval of any such Contract Amendments and/or Change Orders
1.11 Construction Change Directive: The term "Construction Change Directive" shall mean a written
directive to effect changes to the Work, prepared by the AlE and executed by the City.
1.12 Construction Estimate: The term "Construction Estimate" shall mean a cost estimate for the
completion of the entire Scope of Work for the Project, which estimate shall include all components of the Cost
of the Work, as well as the Construction Fee for the Project. This estimate is initially established as $3,900,000
which is the sum budgeted by the City for the construction cost for the Project.
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1.13 Construction Manager (CM): The firm of KVC Constructors Inc." whose principal address is, 9499
NE 2ND Avenue, Suite 205, Miami Shores, Fl., 33138, as selected by the City pursuant to Resolution No.
2006-xxxxx, to provide services of Construction Management At-Risk for this Project. Acceptance of the GMP
by the City shall result in the CM functioning from that point forward as a General Contractor under the terms
and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of
GMP acceptance.
1.14.1 (Intentionally Omitted)
1.14.2 The Construction Manager shall be liable for its services, responsibilities and liabilities under this
Agreement, as well as the services, responsibilities and liabilities of any subconsultants, and any other person
or entity acting under the direction or control of the Construction Manager. When the term "Construction
Manager" or "CM" is used in this Agreement, it shall be deemed to include any subconsultants and any other
person or entity acting under the direction or control of CM. Any subconsultants retained by Construction
Manager pursuant to this Agreement and the Project, must receive the prior written approval of the City.
1.15 Construction Manager's Fee: The term "Construction Manager's Fee" or "Fee" shall mean, for
purposes of this Agreement only, a fixed fee, in the amount of $75,000, representing the Fee negotiated for
eM's Preconstruction Services, as contemplated herein. Notwithstanding anything to the contrary, if the GMP is
not accepted by the City and the Agreement is terminated, the Construction Manager shall be entitled to receive
only that portion of the Fee herein, representing all work performed to date relating to the Project.
1.16 Construction Phase Services: The term "Construction Phase Services" shall mean and anticipates,
in a subsequent amendment to this Agreement, and further, in the event the City approves the GMP, the
services to be performed by or through the Construction Manager during the Construction Phase of the Project,
including, without limitation, the Work for the Project, and such other services as called for by this Agreement
and any amendments hereto, or reasonably inferred there from.
1.17 Construction Schedule: The term "Construction Schedule" shall mean a critical path schedule or
other construction schedule, as defined and required by the Contract Documents.
1.18 Construction Team: The term "Construction Team" shall mean the construction team consisting of
representatives of the Construction Manager, the City, and the AlE.
1.19 Contingency: The term "Contingency" shall mean a line item contingency amount contained in the
Schedule of Values for the Project, which contingency amount, if accepted by the City, shall be included within
the GMP for the Project, and shall accordingly be referenced in the [GMP] Amendment to this Agreement.
Pursuant to said Amendment, the Contingency shall be used as a source of funds for the costs reasonably and
necessarily incurred and paid by the Construction Manager, which costs shall be at rates not higher than the
standard paid in the locality of the Work, as follows: (i) in connection with the proper performance of Work
required hereunder which Work was unforeseeable by the Construction Manager, the AlE and the City at the
time of execution of the GMP Amendment pertaining thereto, notwithstanding the Construction Manager's
exercise of due diligence in connection therewith; and (ii) to the extent that any portion of the Contingency
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remains unallocated on the date of Final Completion and after the issuance of final payment for the Project,
which remaining portion of the Contingency shall accrue to the benefit of the City. The Contingency amount, if
any, shall be set forth in the GMP Amendment for the Project, on its face and within the Schedule of Values
attached thereto. The Contingency amount shall be used at the discretion of the City and must be approved
prior to the CM using it.
1 .20 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including
this Agreement and any amendments hereto.
1.21 Contract Documents: The "Contract Documents" include Resolution No. 2006-xxxxx; this
Agreement, and all attachments, exhibits, and amendments thereto; the AlE Agreement, attached as Exhibit VII
hereto; and such other documentation as may be listed as an attachment and/or an exhibit to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be expanded to include, in addition to
those items listed above, those documents identified by the GMP Amendment and the attachments and
exhibits thereto.
1.22 Contract Time: The time period defined within this Agreement for the Construction Manager to submit
the GMP.
1.23 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work identified as
the Drawings in the GMP Amendment; Change Order, or Construction Change Directive issued and executed
in accordance with the Agreement, including without limitation, all notes schedule and legends on such
Drawings.
1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents, words which
have well-known technical meanings or otherwise have accepted construction industry meanings are used in
the Contract Documents in accordance with such well-known or accepted meanings.
1.25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance by the City
of the GMP Amendment. The CM shall be duly licensed as a General Contractor pursuant to Chapter 489,
Florida Statutes.
1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum
certain set forth in the GMP Amendment as the Project price that the Construction Manager guarantees not to
exceed for the Project for all services within the Agreement, as same shall be amended upon acceptance of the
GMP by the City not to include the Preconstruction Services Fee.
1.27 GMP Amendment: The term "GMP Amendment" shall mean the GMP Proposal for the Project, if any,
accepted by the City, in its sole discretion, in substantially the same form as attached as Exhibit "I", (or a
phased portion thereof) hereto, which Amendment shall automatically become a part hereof upon the City's and
Construction Manager's execution of the same and shall establish, among other things, the GMP, the names of
the Construction Manager's on site-management and supervisory personnel for the Project; and the Contract
Time for the Project. The City anticipates that the Project will be phased and that each phase will require a
separate GMP Amendment.
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1.28 GMP Proposal:The term "GMP Proposal" shall mean a proposal for completing the Project, which
proposal shall include the proposed Guaranteed Maximum Price for the construction of the Project, as provided
by the Construction Manager and accepted by the City based upon the Drawings and Specifications; the
Contract Documents; and the Memorandum of Changes. The City has no obligation to accept the GMP
Proposal regardless of the amount or its relationship to estimates provided.
1.29 Laws: The term "Laws" shall include all Federal, State, County and local laws, statutes, regulations,
ordinances, rules and building codes applicable to the Project, including, without limitation, orders of any public
authority having jurisdiction over the Project, building, labor, safety, licensing or environmental laws and local
building codes, building standards and trade practices affecting the Project, as same may be amended from
time to time.
1.30 Memorandum of Changes: The term "Memorandum of Changes" shall mean a written summary of
the Construction Manager's recommended modifications to the Drawings and Specifications relating to the
Project based on an evaluation of the Project requirements; on and off-site development; survey requirements;
and Project budget requirements; and a review of the design documents; and the Drawings and Specifications;
and the Contract Documents.
1.31 Phase 1- (30%) Schematic Design Documents: The term "Phase I - Schematic Design
Documents" shall mean Drawings and other documents illustrating the scale and relationship of the Project
components, and as further defined by the AlE Agreement. CM's knowledge of and coordination with said
Agreement is incorporated herein.
1.32 Phase 1I-{60%) Design Development Documents: The term "Phase 11- Design Development
Documents" shall mean the Drawings and Specifications and other documents which fix and describe the size
and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials
and such other elements, as may be appropriate, and as further defined by the AlE Agreement. CM's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 Phase III (100%): Construction Documents: The term "Phase 111- Construction Documents" shall
mean the Drawings and Specifications setting forth in detail the requirements of the construction of the Project,
and as further defined by the AlE Agreement. CM's knowledge of and coordination with said Agreement is
specifically required of the Construction Manager.
1.34 Preconstruction Services Fee: The term "Preconstruction Services Fee" shall mean the fixed fee for
the services contemplated in this Agreement,. in the amount of $75,000, for CM's services performed during the
Design Phase related to the Project, which fee includes all direct and indirect costs incurred by the Construction
Manager in the proper performance of the Pre-Construction Phase Services contemplated under this
Agreement.
1.35 Preconstruction Phase Services: The term "Preconstruction Phase Services" shall mean the
services which the Construction Manager shall perform in reviewing the design and for the Bid and Award
Phases of the Agreement, and culminate with exercise by the City of one of the City's options regarding the
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GMP Proposal.
1 .36 Project: The term "Project", in its entirety shall mean that certain portion of the City construction project
referenced in Resolution No. 2006-xxxxx, involving the renovation of the Scott Rakow Youth Center. The
City anticipates that the Project will be phased and that each phase as set forth below, will require a separate
GMP Amendment. The final phasing of the Project will be determined by the CM, CONSULTANT and City
jointly. The phasing plan outlined below may be different from the plan agreed upon by the CONSULTANT, CM
and the City. The total GMP Amendments will comprise the entire Project. The City anticipates the following
Phases for the Project:
Phase 1 A: Entry Addition, Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parkinq Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manaqer's Office
1.37 Schedule of Values: The term "Schedule of Values" shall mean the schedule of values, setting forth
the detailed cost breakdown, including labor, materials and taxes, of the GMP set forth in the applicable GMP
Proposal, the sum of which shall not exceed the GMP.
1.38 Scope of the Work: The term "Scope of the Work" shall mean all services, labor, materials equipment,
operations and construction management services that are indicated in, or reasonably inferable from the
Contract Documents.
1.39 Specifications: The "Specifications" consist of any and all written requirements for materials,
equipment, construction systems, standards and workmanship for the Work which are identified as the
Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change Directive(s) issued
and executed in accordance with the Agreement.
1.40 Subconsultants:
1.40.1 A "Subconsultant" is a person or entity which has a direct contract with the Construction Manager to
perform or supply a portion of the Work and the term includes such Subconsultant's authorized representatives.
Construction Manager shall obtain prior written approval of the City prior to changing or modifying the
subconsultants and other professional associates. Any such services performed by any Subconsultants shall
be passed through to City without additional charge by the CM. All such work shall be itemized on invoices
from such Subconsultants, showing work performed and charges incurred.
1.40.2 The Construction Manager represents that it has made and will make reasonable investigation of all
Subconsultants to be utilized in the performance of work under this Agreement to determine that they possess
the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this
Agreement shall relieve the Construction Manager of its prime and sole responsibility for the performance of the
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Work under this Agreement.
1.40.3 All rates, multipliers and any other fees charged by any Subconsultants shall be not more than those
rates, multipliers and other fees in any contracts that any such Subconsultants may have either with the City
directly or as a Subconsultant under some other City agreement or more than what is typically charged in the
industry.
1.40.4. Construction Manager shall bind each and every approved Subconsultant to the terms stated in this
Section and shall require the proper licensing of such Subconsultants.
1.40.5 If any of the services outlined in this Agreement are furnished by Construction Manager by obtaining
the services of Subconsultants, Construction Manager shall provide City with proposals and contracts between
the Subconsultants and Construction Manager outlining the services to be performed and the charges for
same, together with any other documentation required by City.
1.41 Substantial Completion: The term "Substantial Completion" is as defined in the Contract Documents,
as same may be amended.
1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the AlE certifies
to the City by means of a certificate of Substantial Completion as the date when the Construction Manager has
achieved completion of the Project or any phase thereof in accordance with the General Conditions of the
Contract Documents and applicable laws and the City of Miami Beach Building Department issues a
Certificate of Occupancy (CO) or (Certificate of Completion(CC) for Renovation Proiects.)
Notwithstanding the preceding, if a situation arises beyond the control of the CM, and the issuance of a
Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at
its sole and reasonable discretion, that the Project or any phase thereof has been Substantially Completed.
1.43 Taxes: The term 'Taxes" shall mean all taxes related to the performance of the Work or any portion thereof,
including but not limited to, all sales, consumer, use, occupational, excise, social security, unemployment
compensation and similar taxes.
1.44 Work: The term "Work" means all supervision, labor materials and equipment required by the Contract
Documents to be provided by or through the Construction Manager for the entire Project and all other services
necessary to fulfill the Construction Manager's obligations hereunder to perform the Scope of the Work,
including, as the context may require, any portion of the Work with respect to the Project. The uncapitalized
term work is used in its ordinary sense.
1.45 Proposal Documents: (Intentionally Omitted).
1.46 Force Majeure: "Force Majeure" shall mean any delay occasioned by superior or irresistible force(s)
occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood
and loss caused by fire and other similar unavoidable casualties; changes in federal law, 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 City and the
Construction Manager decide in writing justify the delay. Provided, however, that market conditions, labor
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conditions, construction industry price trends, and similar matters which normally impact on the bidding process
shall not be considered a Force Majeure.
ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2.1 The Construction Manager accepts the relationship of trust and confidence established between it and the City
by this Agreement. The Construction Manager represents that it will furnish its best skill and judgment in
performing the CM's services and the Work, and shall always act to further the interest of the City in the
expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with
the Contract Documents and prudent and customary construction practices.
2.2 By signing this Agreement, the Construction Manager accepts a fiduciary duty with the City and warrants and
represents to the City that the Construction Manager:
a) has all licenses and certifications required by applicable law to perform the CM's services and the
Work;
b) is experienced in all aspects of preconstruction and construction planning for projects similar to the
Project;
c) will act in the City's highest and best interest in performing the CM's services and the Work; and
d) that no employee or affiliate of the Construction Manager, including all subconsultants, subcontractors
and suppliers, at any tier, has been convicted of a public entity crime, fraud, theft, and/or property
damage crime within the preceding thirty-six (36) months from the date of execution of this Agreement,
pursuant to Section 287.133, Florida Statutes.
The Construction Manager acknowledges and agrees that the City is relying on these representations and covenants as
a material inducement to enter into this Agreement.
ARTICLE III
THE CONSTRUCTION MANAGER SERVICES
3.1 GMP Amendment
The parties are entering into this Agreement before Contract Documents are sufficiently complete to establish the GMP;
therefore, it is anticipated that one or more GMP Amendments will be executed to establish the GMP and incorporate
subsequent documents that fully describe the scope of the Work included in the GMP. Each such Contract Amendment
and additional Contract Documents shall become a part of this Agreement as if fully set forth herein. The GMP for the
Project must be established no later than, ,2007, (See Attached Schedule in Exhibit II) after issuance
of an initial Notice to Proceed by the City pursuant to this Agreement; otherwise this Agreement shall terminate pursuant
to Article VI herein.
The City anticipates that the Project will be phased and that each phase, as set forth below, will require a separate GMP
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Amendment. The total GMP Amendments will comprise the entire Project.
Phase 1A: Entry Addition, Elevator and Plaza
Phase 1 B: Convert Old Ice Rink to Multi Purpose Room
Phase Two: First Floor Renovations
Phase Three: Second Floor Renovations
Phase Four: New Parkinq Other Site Work
Phase Five: New Play Area and Golf Course Starter
Phase Six: New Pool Manaqer's Office
3.2 The Services of the Construction Manager shall include, but are not limited to, those described or specified
herein. The Services described herein shall not be deemed to constitute a comprehensive specification having the
effect of excluding services not specifically mentioned. The Construction Manager's Services shall include, without
limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval by the City of the GMP, and
as contemplated in the GMP Amendment (or Amendments), and such other amendment(s) as necessary to fix and
describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the
Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver
the Project to the City at or below the GMP, when established, and within the Contract time.
3.3 Pre-Construction Services.
3.3.1. Generally - The Construction Manager shall review Project requirements, existing on-site and off-site
development, surveys and preliminary budget, and make recommendations to the City for revisions. The
Construction Manager shall prepare a preliminary Project Schedule in accordance with the Contract
Documents and in coordination with the City and the ArchitecUEngineer, identifying all phases, critical path
activities, and critical duties of each of the Project team members. The Construction Manager shall, at each
remaining design phase (i.e. design development; 30%; 60% and 100% construction document), review the
plans and advise the City and the ArchitecUEngineer regarding the constructability of the design and of any
errors, omissions, or conflicts it discovers. The Construction Manager shall prepare an outline of proposed bid
packages and detailed cost estimates, and advise the City regarding trends in the construction and labor
markets that may affect the price or schedule of the Project. The Construction Manager shall attend all Project
related meetings. The Construction Manager's Preconstruction Services shall be provided, and the City shall
compensate Construction Manager for such services, based upon a fixed fee, in the amount of $75,000
representing the Construction Manager's Fee. At the conclusion of the Preconstruction Services, the
Construction Manager shall, without assuming the duties of the ArchitecUEngineer, warrant to the City, that the
plans, specifications and other Contract Documents are consistent, practical, feasible and constructible, and
that the Project is constructible within the contract time.
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ARTICLE IV
DUTIES AND RESPONSIBILITIES
The CM shall perform the following responsibilities and duties:
4.1 All CM procedures, recommendations, documentation, record retention, etc. must conform to the Project
requirements including applicable sections of the City's procedures, Architect and Engineer's procedural
manual; master specifications; general conditions of the Construction Agreement; (and other) applicable codes,
regulations and procedures that may be required at the State, County, City or any agency, utility or similar
governmental entity.
4.1.1. Develop, for City approval and for full compliance by CM, of a Project specific procedures manual detailing the
entire Project process, including at minimum the following:
a) Exhibit I (GMP Amendment); Exhibit II (Schedule); Exhibit III (Declaration); Exhibit IV
(Sworn Statement Section 287.133(3)(a)FS on Public Entity Crimes; Exhibit V
(Questionnaire); Exhibit VI (Insurance Checklist); Exhibit VII (AlE Agreement); Exhibit
VIII (General Conditions of the Construction Contract); Exhibit IX (Best Value
Amendment); Exhibit X (Qualification Submittal Documents);and this Agreement.
b) Construction coordination, scheduling, communication and documentation procedures
among the CM, the ArchitecUEngineer, subcontractor(s), subconsultant(s), and other
departments or organizations who require coordination with and/or input into the
Work.
c) Project reports (monthly).
d) Request for Information.
e) Contract Amendment(s) process.
f) Shop Drawing submittal.
g) Project closeout.
Said procedures manual to be presented no later than with first application for payment.
4.2 Coordination and Scheduling
4.2.1 Coordination with AlE - In providing the Construction Manager's services described in this Agreement, the CM
shall maintain a working relationship with the ArchitecUEngineer. However, nothing in this Agreement shall be
construed to mean that the CM assumes any of the responsibilities or duties of the AlE. The CM shall be solely
responsible for construction means, methods, techniques, sequence and procedures used in the construction
of the Project and for the safety of its personnel, property, and its operations for performing in accordance with
the CM's Agreement with the City. The AlE is responsible for the requirements of the Project, as indicated in
the Agreement between the City and the AlE. The CM's services shall be rendered compatibly and in
cooperation with the AlE's services to the City. It is not intended that the services of the AlE and the CM be
competitive or duplicative, but rather be complimentary.
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4.2.2
4.3
4.3.1
4.3.2
4.3.3
4.3.4
SchedulinQ - The CM shall meet immediately upon execution of this Agreement with the ArchitecUEngineer and
City representatives to review the AlE Agreement (final) and the Project as referenced in Schedule D of the AlE
Agreement. The CM shall ensure that the parties jointly review, modify as necessary, and agree to a single
design schedule, to be called the revised most current Schedule to the AlE Agreement. This schedule shall be
submitted to the City within fourteen (14) days of execution of this Agreement. Should the parties not be able to
reach final agreement on a revised schedule for purposes of the Project, which include(s) a schedule for all CM
services, which the CM believes to be fair, reasonable, and in the best interest of the Project. The City shall
then determine what schedule is to be utilized, and the City's decision with regard to same shall be final, and
binding upon the parties.
Design Phase
Review of Design Documents - The CM shall review the design documents and make recommendations to
the City and to the AlE as to constructability, cost, sequencing, scheduling, and the time of construction, as to
clarity, consistency and coordination of documentation. The recommendations resulting from such review will
be provided to the City and AlE in writing and as notations on the design documents. This review and the
accompanying writing notations shall be submitted with the documents for review by the City at each Phase of
design review as noted in the AlE Agreement (Exhibit VII).
Responsibilitv - The CM, as a result of the above-noted review of the design documents and
recommendations provided to the City, shall utilize its best efforts to assure the coordination of drawings with
the written specifications. This includes but is not limited to, the CM's review of the construction documents in
coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure
proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CM
shall, during this phase, be responsible for the proper identification and location of all utilities, services, and
other underground facilities which may impact the Project. The CM specifically agrees that no Contract
Amendments shall be requested by the CM or considered by the City for reasons involving conflicts in the
documents, questions of clarity with regard to documents, incompatibility, or conflicts between the documents
and laws, the existing conditions, utilities, and unforeseen underground conditions.
Preliminary Scheduling - The CM will submit to the ArchitecUEngineer for comment and to the City for
approval a proposed schedule for the Project at the time the 60% design documents are to be submitted to the
City for review. That schedule shall include such bid and construction activities as well as reasonably outline
the approach the CM intends to take for the Project. This requirement is in addition to any other scheduling
requirements which may be contained in the contract documents and shall be compatible with same. The CM
shall include in the above-noted schedule a proposed construction sequencing plan for the Work.
Estimating and Cost Control - The CM shall prepare detailed cost estimates and updates throughout the
Design Phase leading up to the bidding phase of the Project. The CM shall submit same with the submittal of
each Phase of design review in accordance with the most current AlE Agreement and at such other times as it
may be requested by the City. The estimates by the CM shall show the estimated amount of the GMP. They
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shall be in such detail as the City may require, ,and shall not exceed the construction budget of $3,900,000.
a) Should the CM's estimated GMP exceed the Budget, the CM shall include with said
estimate written suggestions for bringing the Project within Budget. The City, at its
sole option, may adjust the Budget or it may direct the CM to coordinate with the
ArchitecUEngineer to reduce the estimated cost of the Project through Value
Engineering, re-design by the ArchitecUEngineer, re-estimating, obtaining additional
pricing, scope reduction and/or other at no cost to the City; or it may choose to
continue under subparagraph (b) below.
b) The City shall determine, after receipt and review of each estimate, whether the CM
shall continue to perform the services of the Agreement without requiring adjustment
of the most current CM estimated GMP. The City may, at its sole option, determine to
proceed with the Project without Budget adjustment or any other change to the
Project. This shall in no way obligate the City to accept the CM's GMP Proposal
whether or not it is within the estimate or whether or not it is within the Budget. The
City in this and all cases may reject the GMP at its sole discretion and proceed to
exercise its options as identified in this Agreement.
c) The CM and AlE shall advise the City immediately when the AlE or CM estimate
exceeds the construction budget.
4.3.5 General Coordination - The CM shall coordinate with and include activities in both the schedule referred to in
this Section and other schedules required in the Contract Documents the work of consultants, testing labs, and
other consultants employed by the City as well as the reviews required by the City and other agencies and the
Arch itecUEngineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the Architect/Engineer the submittal of all
required documents for permits. CM shall be responsible for obtaining any and all permits and paying any and
all related fees for the Work. The City shall not pay the CM any additional sums beyond the Preconstruction
Services Fee and the GMP for these services. Fees for building permits issued by the City of Miami Beach
shall be waived. Fees for other permits shall be the responsibility of the CM.
4.3.7 Desian Services - N/A.
4.3.8 Memorandum of Chanaes -The CM shall submit to the Owner the CM's Memorandum of Changes in
sufficient time and as scheduled so it may be reviewed by the AlE and the City against the Contract Documents
and any corrections, modifications, additions, or changes be incorporated prior to commencing the Bid and
Award Phase. The Memorandum of Changes shall include a summary of all recommendations made by the
CM in fulfilling the CM's duties with regard to the Contract Documents. The CM shall identify any
recommendations not incorporated into the documents. The City shall either direct that same be incorporated
or explain in writing why the recommendation is rejected.
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4.4 Bid and Award Phase
4.4.1 PreQualification - The CM shall prepare a subcontractor's prequalification plan in compliance with the
requirements currently determined by the City. The CM shall submit to the City the CM's list of pre approved
Subcontractors for each element of the Work to be subcontracted by the CM. This list shall be developed by
the execution by the CM of the subcontractor's prequalification plan noted above. The City reserves the right to
reject any subcontractor proposed for any bid to be considered by the CM. Any claims, objections or disputes
arising out of the prequalification plan or list are the responsibility of the CM. The CM shall hold harmless,
indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the
prequalification plan and/or the subcontractor's list, except where the sole cause of the matter is a City directed
decision.
4.4.2 Scope of Work - The CM shall receive subcontract proposals which, when combined with the work the CM
intends to do with its own forces, shall represent the entirety of the Scope of Work required of this Agreement.
4.4.3 Pre-Bid Conferences - The CM shall schedule and conduct pre-bid conferences for subcontractors and the
City to ensure the availability of such subcontractors, material suppliers, etc. for this pre-bid conference. The
CM shall be solely responsible for the content of the pre-bid conference.
4.4.4 Subcontract Bidding - The CM shall schedule, in coordination with the ArchitecUEngineer and the City, the
acceptance, review and award of the bids to qualified responsive and responsible Subcontractors. Said bids
from subcontractors shall be in writing and shall be opened and reviewed with the ArchitecUEngineer and the
City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5.1 Calculation/Negotiation of the Guaranteed Maximum Price- After taking, reviewing and identifying the
lowest acceptable bids from responsive and responsible subcontractors, the CM shall propose to the City, a
Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CM's General
Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency. The
Guaranteed Maximum Price shall be the full and complete amount for which the CM agrees to go forward from
the receipt of subcontract bids to the full completion of the Project.
4.5.2 Acceptance of GMP - Upon acceptance and execution of the GMP Proposal, by the City, the CM shall enter
into subcontract agreements with the subcontractors selected for the amounts included in the GMP Proposal
for that subcontract work, and shall function as a General Contractor and comply with the Contract Documents
accordingly with regard to the Project as well as a Construction Manager with regard to other services required
by the Contract Documents.
4.6 Time of Performance
4.6.1 Conformance with Approved Schedule- The CM shall perform all the duties required by this Agreement in
such a way and time as to conform to the most current Schedule "D" of the AlE Agreement.
4.6.2 Review and Acceptance of Schedule-In executing the Agreement, the CM acknowledges specifically that the
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CM has reviewed the most current Schedule "D" of the AlE Agreement, has given any necessary input to the
City regarding any need to modify that schedule to accommodate the CM at Risk process, and shall not be
entitled to additional time or money in order to conform the CM services to that schedule.
4.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of the effective date of this
Agreement the CM shall present to the City a schedule for the CM's duties, deliverables, and requirements
showing the start and completion of design phase activities to be performed by the CM. This schedule shall be
in conformance with the most current Schedule "D" of the AlE Agreement.
4.7 PAYMENT BREAKDOWN
PRE-CONSTRUCTION SERVICES
1. Design Review, Constructability & Value Engineering $10,200
2. Review of On-site & Off-site Conditions $3,300
3. Cost Estimating & Cost Controls $25,500
4. Scheduling $2,500
$32,500
5. Bidding (GMP Submittal & Negotiations)
$1,000
6. e-Builder License
$0
7. Contingency
$75,000
8. TOTAL PRE-CONSTRUCTION SERVICES FEE
4.7.1 Application for Payment Submittal- The CM shall submit monthly an application for payment for the
proportional amount of the Preconstruction Services Fee which shall be determined by dividing the
Preconstruction Services Fee by the number of months from the effective date of this Agreement until the
scheduled submittal of the GMP proposal by the CM. Delays to the schedule shall result in re-calculation of the
monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of
months currently remaining until the first submittal of GMP Proposal.
4.7.2 Time Extensions-In the event the performance of the CM is delayed by reasons outside the CM's control, the
CM shall request in writing an extension of time for the contract requirements of this Agreement. Said request
for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. The
15
CM's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension.
No damages for delay shall accrue to the benefit of the CM as a result of any delays to the performance of this
Agreement. Specifically, the CM agrees that the failure of the ArchitecUEngineer to maintain the design
schedule shall be non-compensable to the CM and CM's sole remedy shall be an extension of time.
4.7.3 Extra Services- Should the CM be requested or required by the City to provide services which the CM believes
are outside and/or in addition to the scope of this Agreement, the CM shall within five (5) days of being
requested to perform such services, notify the City in writing of the CM's opinion that they are extra services to
this Agreement, the reason the CM believes they are outside the scope of this Agreement, and the proposed
costs, and time impact, if any, for the performance of same. The City may direct the CM to proceed with such
services pending a final determination as to the compensation. In such case, the CM's right to consideration
shall not be waived by proceeding as directed.
4.8 City's Right to Require Documentation and Audit
The City may, as deemed necessary, require from the CM support and/or documentation for any submission.
Upon execution of the Agreement, the CM agrees that the City shall have unrestricted access during normal
working hours to all CM's records relating to this Project including hard copy as well as electronic records for a
period of three years after final completion.
ARTICLE V
GMP PROPOSAL AND ACCEPTANCE/REJECTION
5.1 Subcontract Bids
The CM shall open subcontract bids from the pre-approved list of potential subcontractors at a time and place
scheduled with the City's Project Coordinator and such other City Representatives in attendance.
a) The CM shall provide a summation and analysis of the apparent low subcontract bids including the identity
of any apparent low subcontract bidders which the CM does not wish to employ. Such identification and
proposal of non-utilization by the CM shall require specific written reason for same.
5.2 CM Fee. Profit. General Conditions. Contingency
The CM shall propose the amount to be included in the GMP for the Construction Manager's General
Conditions costs and the Contingency as defined herein.
5.3 The sum of the totals of the two above paragraphs shall comprise the proposed GMP for the Project and shall
form the basis of negotiations between the CM and the City.
a) The City shall have the option of accepting or rejecting the GMP as presented by the CM. Should the
GMP be accepted, the GMP Amendment reflecting that acceptance will be executed, and the Contract
Price increased by the GMP amount. Should the GMP not be accepted, the City may at its option:
i) Reject the GMP and direct the ArchitecUEngineer and CM to investigate, redesign, 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 scope. All to be
done at no additional cost to be City.
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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. In this event, the CM shall not perform nor be
compensated for, any services on the Project beyond the agreed Construction Manager's Fee
herein. In the event any option under this subparagraph is chosen by the City, the CM is
obligated to immediately turnover to the City all plans, specifications and other project related
documentation.
iii) If and when accepted by the City, the GMP shall be formalized by the execution of the GMP
Amendment (Exhibit I).
iv) The City shall determine, after each negotiation session, unless agreement is reached, if
further negotiations are warranted. If not, the negotiations shall be declared not to be
successful and the City shall take possession and ownership of all documents produced for
the Design and Bid Phase, pay the CM any remaining undisputed Construction Manager's
Fee, and proceed under the requirements noted under this paragraph, and the City and CM
shall be mutually released from any further obligation each to the other.
v) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that
Proposals' relationship to the Budget or the most current estimate or for any other reason.
ARTICLE VI
TERMINATION
6.1 Termination for Cause
The City may terminate this Agreement for cause in the event that the CM (1) violates any provisions of this
Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and CM
fails to cure same within thirty (30) days following written notice to CM. In that event, such termination shall
become effective upon seven (7) days written notice to CM.
6.1.1 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 CM or otherwise. In such
event, the CM 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 CM
hereunder had the Agreement not been terminated
6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to receipt
of a Notice of Termination for Cause, shall be made in accordance with this Article 6 herein and the City shall
have no further liability for compensation, expenses or fees to the CM.
6.1.3 Upon receipt of a written Notice of Termination, the CM 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.
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6.1.4 In the event of a termination for cause, no payments to the CM shall be made (1) for Services not
satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly
of submittal of documents, as provided above.
6.2 Termination for Convenience
The City, in addition to the rights and options to Terminate for Cause, as set forth above, 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 CM, in writing, fourteen (14) days prior to termination.
6.2.1 In the event the City terminates the CM's services for its convenience, as provided herein, the CM 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 6
herein, and the City shall have no further liability for compensation, expenses or fees to the CM, except as set
forth in this Article 6.
6.3 Termination bv CM
The CM 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, and has failed to cure same within thirty
(30) days following written notice from the CM. In that event, CM may terminate this Agreement upon written
notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that
event, payment for Services satisfactorily performed prior to the date of termination shall be made in
accordance with this Article 6.
6.3.1 The CM shall have no right to terminate this Agreement for convenience of the CM.
6.4 Implementation of Termination
In the event of termination, either for cause or for convenience, the CM, 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 City, 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.
6.5 Non-solicitation
The CM warrants that it has not employed or retained any company or person, other than an employee working
solely for the CM, 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
18
liability to the CM for any reason whatsoever.
ARTICLE VII
INDEMNIFICATION
7.1 CM shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and
employees from and against any claim, demand or cause of action of any kind or nature arising out of the
negligent act, error, or omission of CM, its agents, servants or employees in the performance of services under
this Agreement.
7.2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall
indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining
to such termination.
7.3 CM hereby affirms that it shall be responsible for the acts, errors and omissions of its Subcontractors
and it shall indemnify, defend and save harmless the City, its agents, servants and employees from any and all
claims by third parties which may arise on account of services rendered by CM's Subcontractors.
7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement.
ARTICLE VIII
MISCELLANEOUS
8.1 Ownership of Documents
All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared or provided by CM in connection with this Agreement shall become the property of the City, and shall
be delivered by CM within ten (10) days after receipt of written notice. Any re-use of documents by City without
written verification or adaptation by CM for the specific purpose intended will be without liability to CM.
8.2 Records
CM shall keep such records and accounts and require any and all CM and Subcontractors 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 CM 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 CM in accordance with such statutes.
8.3 Equal Opportunity Emplovment
8.3.1 CM agrees that it will not discriminate against any employee or applicant for employment for work
19
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. CM
agrees to furnish City with a copy of its Affirmative Action Policy.
8.4 Public Entitv Crimes Act
In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is
a CM, who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with
the City for the construction or repair of a public building or public work, may not bid on leases of real property
to the City, may not be awarded or perform work as a CM, supplier, subcontractor, or subcontractor under a
contract with the City, and may not transact business with the City in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's
debarment.
8.5 No Continaent Fee
CM warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for CM, 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 CM 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.
8.6 Assianment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM,
under any circumstances, without the prior written consent of City.
8.7 Insurance
The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein.
It is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of
the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the
following insurance coverage:
(a) 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.
20
(b) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida.
(c) Business Automobile Liability Insurance with minimum limits of one million dollars($1 ,000,000) per
occurrence combined single limit for bodily injury liability and one million dollars($1 ,000,000) per occurrence for
property damage liability. Coverage must include owned vehicles and hired non-owned vehicles. The City must
be named an additional insured in this policy.
8.7.1 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
modifications in the insurance coverage, to the Project Coordinator.
8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this
Section. City reserves the right to require a certified copy of such policies upon request. All certificates and
endorsements required herein shall state that City shall be given thirty (30) days written notice prior to
expiration or cancellation of the policy. Should CM fail to obtain, maintain, or renew the policies of insurance
referred to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any
sums expended by the City in obtaining same shall be repaid by CM to City, plus ten percent (10%) of the
amount of premiums paid to compensate City for its administrative costs. If CM does not repay City's
expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve
percent (12%) per year until paid and such failure shall be deemed an event of default hereunder.
8.8 All Prior AQreements Superseded/Amendments
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 concernin~ 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.
8.9 Notices
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered
United States mail, return receipt requested, addressed to the party for whom it is intended at the place last
specified; and the place for giving of notice shall remain such until it shall have been changed by written notice
in compliance with the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
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FOR CITY OF MIAMI BEACH:
Jorge E. Chartrand
Director Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
Vick S. Crespin, Vice President
KVC Constructors Inc.
9499 NE 2nd Avenue, Suite 205
Miami Shores, Florida, 33138
With Copy To:
Stephen H. Reisman
Pecker & Abramson
1 Southeast 3rd Avenue, Suite 3050
Miami, Florida 33131
8.10 Interpretation
The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule
of strict construction shall be applied against either party hereto. The headings contained in this Agreement are
for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole
and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the
Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a
particular subsection or subparagraph of such Section or Article.
8.11 Protection of Records
CM shall protect from harm and damage all data, drawings, specifications, designs, models, photographs,
reports, surveys and other data created or provided in connection with this Agreement (collectively, City
Property), while such data and materials are in CM's possession. Such duty may include, but is not limited to,
making back-up copies of all data stored by electronic device on any media, taking reasonable actions to
22
prevent damage by impending flood or storm (including, but not limited to, removing the City Property to a safe
location), and establishing and enforcing such security measures as are reasonably available, considering the
customary practice within CM's trade or possession.
8.12 Exhibits and Attachments
In the event of conflict between the terms contains in this Agreement and the terms contained in any of the
documents attached or incorporated herein, the terms of this Agreement shall control and shall be given full
effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CM shall keep fully informed of all federal, state and local laws,
ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction
or authority which, in any manner, affect work authorized under the terms of this Agreement, and shall further
take into account all known pending changes to the foregoing of which it should be reasonably aware.. The CM
shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees.
8.14 Agreement Severable: No Waiver
In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,
term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the
same by the other party.
8.15 City's Own Forces
The City reserves the right to perform construction and operations related to the Project with the City's own
forces, and to award contracts in connection with the Project which are not part of the CM's responsibilities
under this Agreement.
8.16 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both
substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM 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.
8.17 Limitation of Liability
8.17.1 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 Fee paid to CM herein, less any sums paid by the City.
CM hereby expresses its willingness to enter into this Agreement with CM's recovery from the City for any
damage action for breach of contract to be limited to a maximum the Fee paid to CM herein, less any sums
23
paid by the City.
8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby agrees that
the City shall not be liable to CM for damages in an amount in excess the Fee paid to the CM herein, less any
sums paid by the City, 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.
(Remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties have set ir hands and seals the day and year first above written.
ATTEST: AMI BEACH
~ff rCU~
Robert Parcher, City Clerk
ATTEST:
KVC Constructors, Inc.
By:
C
-C022994, QB-0013609
I~
~\~
a~$fl'j
Print Name
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
25
EXHIBIT I
"EXHIBIT I" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this_day of , ("GMP Amendment")
amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction
Manager, KVC CONSTRUCTORS INC., (hereinafter Construction Manager or CM), made as of the day
of , for the following described Project:
Renovation of the Scott Rakow Youth Center: 2700 Sheridan Avenue, Miami Beach, Florida
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement in the manner set
forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Owner and the Construction Manager do hereby agree as follows:
1. This GMP Amendment is executed in connection with, and is deemed to be part of the Agreement and the
Contract Documents. Wherever the terms of this GMP Amendment and the terms of the Contract Documents are in
conflict, the terms of this GMP Amendment shall govern and control. The terms used herein, unless otherwise defined
in this GMP Amendment, shall have the meanings ascribed to them in the Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a. The drawings listed on Attachment I, attached hereto, which drawings are made a part of the
Contract Documents by this reference (the "Drawings"); and
b. The specifications listed on Attachment II, attached hereto, which specifications are made a
part of the Contract Documents by this reference (the "Specifications"); and
c. Those documents listed on Attachment III, Additional Contract Documents, attached hereto,
are made a part of the Contract Documents by this reference.
d. Those documents listed on Attachment IV, Construction Manager's Wage Schedule,
attached hereto, are made a part of the Contract Documents by this reference.
e. The Scope of the Work for the Project, is hereby incorporated into the Work.
f. The date of Commencement for the construction of Project shall be
(the "Date of Commencement").
g. The Construction Manager shall achieve Substantial Completion of the Work for this Project
no later than _ days from the Date of Commencement (the "Contract Time", and final
26
completion not later than _ days from the date of Substantial Completion. Failure to meet
either the Substantial Completion or Final Completion dates shall be a material breach of this
Agreement.
h. The City and the Construction Manager acknowledge and agree that the City will suffer
damages if the Construction Manager fails to achieve Substantial Completion of the Work for
this Project, on or before the expiration of the Contract Time, which damages are difficult, if
not impossible, to ascertain with any degree of certainty. Accordingly, if the Construction
Manager fails to achieve Substantial Completion of the Work for this Project on or before the
expiration of the Contract Time, liquidated damages (which are not intended as penalty) shall
be assessed against the Construction Manager in an amount to be calculated in accordance
with the Contract Documents, using the GMP agreed for this Work in this Exhibit as the basis
for calculation. This will occur by virtue of the Construction Manager's failure to achieve
Substantial Completion of the Project within the Contract Time.
i. The Guaranteed Maximum Price for the Project, is hereby guaranteed by the Construction
Manager not to exceed the sum of (the "Project GMP"), based upon the
entire Scope of the Work as described in the Contract Documents, including, but not limited
to, the Drawings and the Specifications, subject only to additions and deductions by Contract
Amendment(s) or Construction Change Directive, as provided in the Contract Documents.
The GMP is more particularly itemized in the Schedule of Values prepared in accordance with
the terms of the Agreement, which Schedule of Values is attached hereto and made a part of
the Contract Documents by this reference. Included in the Schedule of Values and specifically
identified herein, the Contingency included in the Guaranteed Maximum Price is the amount of
j. The Construction Manager shall provide Commercial General Liability Insurance, Automobile
Liability Insurance, Worker's Compensation Insurance, and Builder's Risk Insurance, in
compliance with the provisions of Article II, Insurance and Bonds of the General Conditions of
the Contract for Construction.
k. The Construction Manager shall provide the Public Construction Payment Bond and the Public
Construction Performance and Guarantee Bond, in compliance with the provisions of Article II,
Insurance and Bonds of the General Conditions of the Contract for Construction.
I. By executing this GMP Amendment, the Construction Manager acknowledges that it has
ascertained all correct locations for points of connection for all utilities, if any, required for this
Project: and has identified all clarifications and qualifications for this Project, if any.
m. The Constructi.on Manager's on site management and supervisory personnel for this Project
shall be set forth herein, and incorporated as an exhibit to this Agreement.
n. To the extent that the Owner has authorized the Construction Manager, in writing, to perform
27
the Work for this Project with the Construction Manager's own forces, the salary and wage
schedule for the Construction Manager's personnel performing such portion of the Work,
agreed upon by the City and the Construction Manager, shall be as set forth on Attachment
IV, attached hereto, and is made a part of the Contract Documents by this reference. The
Construction Manager warrants and represents that the salary and wage schedule includes
the lowest comparable market rates (including any and all benefits, contributions and
insurance) charged by the Construction Manager for comparable contracts to other business
and individuals for similar services, and that such rates are not higher than the standard paid
for this Project.
o. The Construction schedule for this Project is set forth on Attachment V, attached hereto, are
made a part hereof by this reference.
p. Except as expressly provided herein above all of the terms, conditions, covenants,
agreements and understandings contained in the Contract Documents shall remain
unchanged and in full force and effect, and the same hereby expressly ratified and confirmed
by the Owner and Construction Manager.
q. This Amendment may be executed in several counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
28
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above.
FOR CITY:
CITY OF MIAMI BEACH
ATTEST:
By:
By:
City Clerk
Mayor
FOR CONSTRUCTION
MANAGER AT-RISK:
ATTEST:
KVC Constructors, Inc
Florida Contractor License: CG-C022994,QB-0013609
By:
By:
Katherine Crepin, Secretary
Vick Crespin, Vice-President
Print Name
Print Name
29
ATTACHMENT I
ATTACHMENT II
ATTACHMENT III
ATTACHMENT IV
ATTACHMENT V
CONTRACT DOCUMENTS:
THE DRAWINGS
CONTRACT DOCUMENTS:
THE SPECIFICATIONS
CONTRACT DOCUMENTS:
GENERAL AND SUPPLEMENTARY CONDITIONS
CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
30
EXHIBIT II
SCHEDULE
31
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EXHIBIT III
DECLARATION
32
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REQUEST FOR QUALIFICATION NO. 27-05/06
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part lor Part II, whichever applies.
Part I: listed below are the dates of issue for each Addendum received in connection with this
RFQ: 27-05/06
Addendum No.1, Dated May 25. 2006
Addendum No.2, Dated June 6. 2006
Addendum No.3, Dated June 16. 2006
Addendum No.4, Dated June 22. 2006
Addendum NO.5, Dated
Part II: N/A No addendum was received in connection with this RFQ.
Verified with Procurement staff
Name of staff
Date
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June 27. 2006
(Date)
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DECLARA TION
TO: City of Miami Beach
City Hall
1700 Convention Center Drive
Procurement Division
Miami Beach, Florida 33139
Submitted this 27 day of June, 2006.
The undersigned, as consultant, declares that the only persons interested in this proposal are
named herein; that no other person has any interest in this responses or in the Contract to
which this response pertains; that this response is made without connection or arrangement with
any other person; and that this response is in every respect fair and made in good faith, without
collusion or fraud.
The consultant agrees if this response is accepted, to execute an appropriate City of Miami
Beach document for the purpose of establishing a formal contractual relationship between the
consultant and the City of Miami Beach, Florida, for the performance of all requirements to
which the response pertains.
The consultant states that the response is based upon the documents identified by the following
number: RFQ No.27 -05/06 .
. ~Jf
Vick Crespin
PRINTED NAME
Vice President
TITLE (IF CORPORATION)
EXHIBIT IV
Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes
33
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SWORN STATEMENT UNDER SECTION
287.133(3)(a), FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES
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THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Miami Beach
[print name of public entity]
.
,
By VickCresoin - Vice President
[print individual's name and title]
,
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For KVC Constructors. Inc.
[print name of entity submitting sworn statement]
whose business address is 9499 N.E. 2nd Avenue. Ste #205. Miami Shores. FI. 33138
and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0547228 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287. 133(1)(g), FlorIda Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery,collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b), FlorIda
Statutes. means a finding of guitt or a conviction of a public entity crime, wnh or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined In Paragraph 287.133 (l)(a), Florida Statutes. means:
1) A predecessor or successor of a person convicted of a public entity crime; or
2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowin91y enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
_5) understand that a "person" as defined in Paragraph 287. 133(1)(e), Florida Statutes means
~
anynatural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6) Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [indicate which statement applies.]
x Neither the entity submitting this sworn statement, nor any officers, directors,
executives,partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
.
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The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the hearing Officer determined that it was not in
the public interest to place the entity submitting this sworn statement on the convicted
vendor list. [attach a copy of the final order] .
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR.CATEGOrtY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FO.RM )
Personally known
Sworn to and subscribed before me this 27
/
day of June
,2006
OR Produced identification
Notary Public - State of --.f.1ori do..
My commission expires
Wa ~. tmk-6
(Type
of Identification)
'IOTARYPUBlIC Lisa R. Kimbrew
~ Commission # 00483269
~ Expires October 1e, 2009
STATf OF FlORIOA !lond.cl Tro, Fa.. .'n'ur.net '"" ~38S.7lI'9
(Printed typed or stamped Commissioned name of Notary Public)
EXHIBIT V
QUESTION NAIRE
34
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QUESTIONNAIRE
Consultant's Contractor's Name: KVC Constructors Inc.
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Principal Office Address:
9499 N.E. 2nd Ave., Suite 205, Miami Shores, FI. 33138
-----
Official Representative: Mr. Vick Crespin, Vice President
-----
Individual
Partnership (Circle One)
---
Corporation ---.",
_/
If a Corporation, answer this:
When Incorporated: July 27, 1994
In What State: _Florida
If a Foreian Corporation:
L/ Date of Registration with Florida Secretary of State:
N/A
Name of Resident Agent:
Address of Resident Agent:
President's Name:
-----
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors
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Questionnaire (continued)
If a Partnership:
Date of organization: N/A
General or Limited Partnership*:
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Name and Address of Each Partner:
NAME ADDRESS
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* Designate general partners in a Limited Partnership
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1. Number of years of relevant experience in operating your business: 5YRS
a. Are you a General Contractor? X Yes No
b. If yes, please provide the following information.
License/Certification#lRegistration# #Years
CG C022994 24
.ec;t that you
c. What is the last Construction Management at Risk or other related proJ
have completed? West Perrine Park
2. Have any agreements held by Consultant for a project ever been canceled?
Yes ( ) No (X)
If yes, give details on a separate sheet.
sa
3. Has the Consultant or any principals of the applicant organization failed to qualifY ~siled to
responsible Bidder, refused to enter into a contract after an award has been mad~t i'" any
complete a contract during the past five (5) years, or been declared to be in defalJ
contract in the last 5 years? NO
If yes, please explain:
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Questionnaire (continued)
4.
Has the Consultant or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership? Yes () No ( x)
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary on a separate sheet.
5.
Person or persons interested in this bid and Qualification Form have ( ) have not ( X) been
convicted by a Federal, State, County, or Municipal Court of any violation of law, other
than traffic violations. To include stockholders over ten percent (10%). (Strike out
inappropriate words)
Explain any convictions:
NONE
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
NONE
B. List all judgments from lawsuits in the last five (5) years:
NONE
C. List any criminal violations and/or convictions of the Consultant and/or any of its
principals:
NONE
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal: (If none, state same.)
NONE
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Questionnaire (continued)
If a Partnership:
Date of organization: N/A
General or Limited Partnership*:
Name and Address of Each Partner:
NAME ADDRESS
* Designate general partners in a Limited Partnership
1. Number of years of relevant experience in operating your business: 5YRS
a. Are you a General Contractor? X Yes No
b. If yes, please provide the following information.
License/Certification#lRegistration# #Years
CG C022994 24
c. What is the last Construction Management at Risk or other related project that you
have completed? West Perrine Park
2. Have any agreements held by Consultant for a project ever been canceled?
Yes () No (X )
If yes, give details on a separate sheet.
3. Has the Consultant or any principals of the applicant organization failed to qualify as a
responsible Bidder, refused to enter into a contract after an award has been made, failed to
complete a contract during the past five (5) years, or been declared to be in default in any
contract in the last 5 years? NO
If yes, please explain:
Questionnaire (continued)
8. Public Disclosure. In order to determine whether the members of the ~valuati~~
Committee for this Request for Proposals have any association or relationships 'fthIC: w~~
constitute a conflict of interest, either actual or perceived, with any consu an an t ~r
individuals and entities comprising or representing such Consultant, and in an atte~Pd to
ensure full and complete disclosure regarding this contract, all Consultants a~~.re~.u~e h ~
disclose all persons and entities who may be involved with this Proposa~.. . IS I~ ~ :
include public relation firms, lawyers and lobbyists. The Procurement DIVISion s a e
notified in writing if any person or entity is added to this list after receipt of proposalS.
Katherine Crespin. Vick Crespin. Frank Dykes. Diogenes Felipe. AI Ziri. Fr~ V~ne9as.
Andres Del Toro. Juan Meiia. Steven Naiman. Orestes Orozco. Robert JohlJ3,QD. on
Nunnally. David Shaver. Lisa Kimbrew. Richard Formoso and Ben Vidella
May 11.2005 RFQ No:27-05/06
City of Miami Beach 34 of 38
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Questionnaire (continued)
'of1naire will be relied upon
The Consultant understands that information contained in this Quest. atian is warranted by the
by the City in awarding the proposed Agreement and such infO""" uGh additional information,
Consultant to be true. The undersigned Consultant agrees to furniSh 5tf1e Consultant, as may be
prior to acceptance of any proposal relating to the qualifications of t ttle information contained
required by the City Manager. The Consultant further understands ttl8 tigation conducted by the
in this questionnaire may be confirmed through a background in~e5 ttle Consultant agrees to
Miami Beach Police Department. By submitting this questionnal~B ited to fingerprinting and
cooperate with this investigation, including but not necessarily l.r1I
providing information for credit check.
WITNESS:
Signature
Print Name
WITNESS:
Signature
Print Name
WITNESS:
~-.... -------f/?--
. ./--- /--1~ _".""
;(' ... --.. .-r.-
Signa reo '--> .-
v- 6.--Lf;~ ~-0(rG
Print Name
(CORPORATE SEAL)
IF INDIVIDUAL:
IF PARTNERSHIP:
IF CORPORATION:
May 11, 2005 RFQ No:27-05/06
City of Miami Beach 35 of 36
By:
Sfsinature
print Name
print Name of Firm
Address
C;;-neral Partner
print Name
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CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
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Section 1. Vendor Information
Name of Company: KVC Constructors. Inc. Name of Company Contact Person: Vick Crespin
Phone Number: 305-757-7707 Fax Number: 307-757-7701 E-mail:kvcvick@bellsouth.net
Vendor Number (if known):
FederallD or Social Security Number: 65-0547228
Approximate Number of Employees in the U.S.:~
Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes 2tNo
Union name(s):
N/A
,
Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for
employment, employees of the City, or members of the public on the 'basis of the fact or
perception of a person's membership in the categories listed below? Please note: a "YES.
answer means your company agrees it will not discriminate; a "NO. answer means your
company refuses to agree that it will not discriminate. Please answer yes or no to each
category .
DRace
o Color
o Creed
o Religion
o National origin
o Ancestry
o Age
o Height
.lL Yes
.lL Yes
.lL Yes
.lL Yes
.lL Yes
.lL Yes
.lL Yes
.lL Yes
No
No
No
No
No
No
No
No
o Sex
o Sexual orientation
o Gender identity (transgender status)
o Domestic partner status
o Marital status
o Disability
o AIDS/HIV status
o Weight
-A.. Yes _ No
.lL Yes_No
-A.. Yes No
-A.. Yes No
-A.. Yes No
-A.. Yes_No
-A.. Yes _ No
-A.. Yes_No
B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for
the performance of a substantial portion of the contract you have with the City? Please note: you must answer
this question, even if you do not intend to enter into any subcontracts.
L Yes No
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Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
.
Questions 2A and 2B should be answered YES even if your employees must
pay some or all of the cost of spousal or domestic partner benefits.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
,
-1l. Yes
No
.
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B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners* or to domestic partners of employees? _ Yes -2LNo
.
*The term Domestic Partner shall mean any two (2) adults of the same or different
sex, who have registered as domestic partners with a government body pursuant to
state or local law authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to
employees with domestic partner who do not register their partnerships pursuant to
a governmental body authorizing such registration, or who are located in a
jurisdiction where no such governmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
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If you answered "NO. to both Questions 2A and 2B, go to Section 4 (at the bottom of
this page), complete and sign the form, filling in all items requested.
If vou answered "YES. to either or both Questions 2A and 2B, please continue to
Question 2C below.
Question 2. (continued)
C. Please check all benefits that apply to your answers above and list in the "other" section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a
spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the
spouse or domestic partner, such as medical insurance.
BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this
Employees with with Domestic is Not Offered Benefit is Submitted
Spouses Partners with this Form
Health X 0 0 X
Dental 0 0 X 0
Vision 0 0 X 0
Retirement (Pension, 0 0 X 0
40~, etc]
Bereavement 0 0 X 0
Family Leave 0 0 X 0
Parental Leave 0 0 X 0
Employee Assistance 0 0 X 0
Program
Relocation & Travel 0 0 X 0
Company Discount, 0 0 X 0
Facilities & Events
Credit Union 0 0 X 0
Child Care 0 0 X 0
Other 0 0 X 0
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Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control, (e.g., there are no insurance providers in your area willing to offer
domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent, submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the City Manager, or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.
Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits
Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement
from your insurance provider or a copy of the eligibility section of your plan document; to document leave
programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist, attach an explanation.
Have you submitted supporting documentation for each benefit offered? 2L Yes _ No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
correct, and that I authorized to bind this entity contractually.
I
,at Miami Shores
City
,EL
State
(j> 9499 NE 2nd Avenue. Suite 205
Mailing Address
------J
Vick Cresoin
Name of Signatory (please print)
Miami Shores. FL 33138
City, State, Zip Code
Vice President
Title
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NHP
N \,;.tghborhood Health Pal c:nership
January 24, 2005
KVC CONSTRUCTORS, INC
KATHERINE CRESPIN
9499 NE 2 A VENUE
205
MIAMI SHORES, FL 33138
RECEIvr:[~
JAN J 1 2005
t rs Inc.
KVC Construe 0 '
Group Number: B05334
Waiting Period: 90 days
Anniversary Date: August / 1
Dear Katherine Crespin;
Neighborhood Health Partnership ('NHP") wishes to remind you of how effective dates are
determined for new persons enrolling in your group plan, and the deadlines for applications to
be considered.
Waitiol! Period
Your group health plan with NHP has the Waiting Period shown above. You may change you!
group health plan's Waiting Period once every six months. Waiting Periods may be 0,30,60,
90, or 180 days. If you change your Waiting Period, the new Waiting Period will be effective.
only for employees who are hired (or become full-time) after the date on which the Waiting
Period was changed. To change your Waiting Period, submit a written request to NHP at the
following address: Neighborhood Health Partnership, Attention Underwriting, PO Box 52676'3,
Miami, FL 33152-6763. You may also fax your request to us at 305-715-4558.
New Emplovee Enrollment
A new employee (or a part-time employee who becomes full-time) becomes eligible to enroll iJ1
your group health plan with NHP after working full-time the number of days in the Waiting
Period. The new employee (or newly full-time employee) becomes eligible on the fIrst day of
the next Premium Month (either the 1st or 15th of the month depending on your bill cycle) after
the affected employee completed the Waiting Period.
In order to enroll an employee that becomes eligible (along with eligible dependents), you IllUst
send NHP an enrollment application filled out and executed by the newly eligible employee
within 30 days after the date on which the employee became eligible. Emplovees (and elig~
dependents) for whom NHP does not timely receive an enrollment aoplication will not be
eligible to enroll until the next open enrollment period or special enrollment period. whiche~
may Occur first.
7600 Corporate Center Drive' Miami' Florida' 33126-1216
nA T'l_.r I""'.C"LO/'\ _ "A..r:...._~ _ t:l__~....I", _ ')") 1(\" ceo/'\
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, . . be application. If the
If an eligible employee timely applies to enroll, NHP Wlll co.n~lder t endents ') coverage under
application is approved by NHP, the employee's (and any ehglble de~I'
I. 'bllty.
your group health plan will become effective on the first day of e 19l
Open Enrollment
Ian with NHP as the
Employees may also become eligible and enroll in your group healtb p Every year you have an
result of two other events: Open Enrollment and Special Enrollme~t. d the Waiting Period
Open Enrollment during which any full-time employee who has satlsfie S' '1 t b '
. Ian. lml ar 0 a ove, an
and/or an employee's eligible dependent(s), may enroll m the grou~ P Open Enrollment. NHP
employee must timely apply to enroll in your group health plan durt~g sary date shown above.
must receive the application within 30 days before or after your. annlv;;ceive an enrollment
Employees (and eligible dependents) for whom NHP does not tIme~ . d . I
~no or speCla
application will not be elhdble to enroll until the next open enrollmell eS and eligible dependents
enrollment period. whichever may occur first. Coverage ~or employe ollment will be effective
who are enrolled in your group health plan with NHP dunng Open Et1f
on the same day as your anniversary date.
Special Enrollment
. cial enrollment periods.
In addition, eligible employees and dependents may enroll dunng spe '[y' E t.
. Q ah mg ven.
Special enrollment periods occur when an employee expenences a U h Ith (
ther ea coverage as
Qualifying Events include, but are not limited to, involuntary loss of 0 G S'
. ee your roup ervlce
when changing jobs), marriage, newborn birth, and adoptlOn. Please s. . I
I dunng a specla
Agreement for further details on Qualifying Events. In order to enrol d t NHP
t sen 0 an
enrollment period, an employee experiencing a Qualifying Event mUS licable) within 30 days
enrollment application (to enroll the employee and/or dependents, as apP t) ~ h NHP
. . den s lor w om
after the Qualifying Event. Once again, employees (and ehglble de~ II t'l th t
. . I to eIlI"O un I e nex
does not timely receive an enrollment application will not be ehglb ~ * C ~
first. overage lor an
open enrollment lJeriod or special enrollment period. whichever com~ th d t fth
ffectlve on e a e 0 e
individual enrolling during a special enrollment period will become e
Qualifying Event.
ices Department at
If you have any questions, please feel free to contact our Member SerV
305-715-2500 (outside Miami-Dade call 800-354-0222).
. bin 60 days of birth. If a
* An exception applies to newborn children, who may be enrolled WIt r. th fi t 30 d f
. rn lor e ITS ays 0
newborn child is enrolled within 30 days of birth no additional preml1J fi h d f
' dayS a ter t e ate 0
coverage will be charged. If a newborn child is enrolled more than 30
birth, but within 60 days, premium will be charged from the date ofbirtb.
. 'da. 33126-1216
7600 Corporate Center Drive. Miaml.. Flort 02-5680
nA rl__. (\''\~rn^_ "'K:___~ . 1:'1 "....,rlt]! . ~~l
: ~ Neighborhood Health
~ 11..[ Partnership ^r~MENT
. BILLING sf,..
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MAY 2 5 2006
KVC Constructors, Inc:-
FlpftlNATIONS ALONG WITH YOUR PAYMENT
PLEASE DO NOT SEND CORRESPONDENCE OR 1~e"t. please ~ote any address changes or terminations
The return envelope should only include your coupon and payrTl "g85 Form and fax to 305-715-4518.
from group coverage on the attached "Guidelines for Making Cha
KATHERINE CRESPIN
KVC CONSTRUCTORS, INC
9499 NE 2 AVENUE
205
MIAMI SHORES, FL 33138
For:
Overnight payments should be sent to NHP at:
7600 Corporate Center Drive
Attn: PremIum Servlces- 3-d Floor
Miami, FL 33126-1216
BOS334
06/30/2006
06/01/2006-
F elLLING
SUMMARY 0
16
28
,.i.......,'..,.;<:.j,}'.......:..
TOTAL coNtRACt$
~~'1fl,::;~~tr~7A#~$.
TOTAL MEM$Ef{S:'"
o[f9MPORTION WITH PAYMFNT
PLEASE DETACH HERE AND RETlJB~.~ .
t.R Neighborhood Healtl1
. W Partnership
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I U"G STATEMENT
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For:
KATHERINE CRESPIN
KVC CONSTRUCTORS, INC
9499 NE 2 AVENUE
205
MIAMI SHORES, FL 33138
B05334
~~lSNT PREMIUM
CUr-
ID NUMBER NAME
DAWSON, THOMAS
DELTORO, ANDRES
FELIPE, DIOGENES
FORMOSO, RICHARD
JOHNSON, ROBERT
KIMBREW, LISA
NAIMAN, STEVEN LEE
OROZCO, ORESTE
SHAVER, DAVID W
VANEGAS, FREDDY G
VIDIELLA, WINSTON B
TOTAL CURRENT PREMItJt"!5
CRESPIN, KATHERINE
CRESPIN, VICK S
DYKES, FRANKLIN D
NUNNALLY, RONNIE
ZIRI, AL
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EFFECTIVE
DATE
01/01/05
10/01/03
OS/01/02
11/01/04
01/01/05
05/01/05
OS/01/02
02/01/04
12/01/05
07/01/04
OS/01/05
D!VISION B05334H001
OS/01/02
OS/01/02
OS/01/02
02/01/06
05/01/05
D!VISION B05334P001
TOTAL CURRENT PREMItJl'1S
G~OUP NUMBER B05334
TOTAL CURRENT PREMItJl'1S
CONTRACT FAMILY
TYPE SIZE
SC 1-
SC 1
SC 1
SC 1
se 1
ES 2
se 1
ES 2
SC 1
F1 4
se 1
AMOUNT
$373.87
$192.52
$245.52
1c$245.52
$306.90
$555.22
$245.52
$633.33
$306.90
$931.86
$192.52
SC
E2
ES
se
Fl
1
4
2
1
4.
$4,229.68
$430.64
$544.88
$1,212.81
$322.25
$1,163.01
$3,673.59
$7,903.27
f' ;..t1'S :
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CITY OF MIAMI BEACH
REASONABLE MEASURES APPLlCA liON
Declaration: Nondiscrimination in Contracts and Benefits
rm and supporting documentation to the City's Procurement Division ONLY IF
a. Have taken all easonable measures to end discrimination in benefits; and
b. Are unable to d 0; and
c. Intend to offer a c h equivalent to employees for whom equal benefits are not available.
1.
You must submit the fol wing information with this form:
elephone numbers of benefits providers contacted for
2.
3.
4.
I declare (or certify) under penalty of perju under the laws of the State of Florida that the
foregoing is true and correct, and that I am thorized to bind this entity contractually.
KVC Constructors. Inc.
Name of Company (please print)
499 NE 2nd Avenue Suite 205
i1ing Address of Company
Signature
Miami hares FL 33138
City, St e, Zip
Vick Crespin
Name of Signatory (please print)
Vice President
Title
6/27/2006
Date
Definition of Terms
A. REASONABLE MEASURES
or has taken all reasonable
The City of Miami Beach will determine whether a City contrac\ is not possible for the City
measures rovided by the City Contractor that demonstrates that :t is ~ot p~ssible for the City
Contractor end discrimination in benefits. A determination that consideration of such factors
Contractor to nd discrimination in benefits shall be based upon a
as:
.ting, by the City Contractor,
(1) The number 0 enefits providers identified and contacted, in Wr~"ide equal benefits;
and written docume tation from these providers that they will not pr to the City Contractor; and
(2) The existence of befits providers willing to offer equal benefitS ntractor from ending
(3) The existence of fed al or state laws which preclude the City CO
discrimination in benefits.
B. CASH EQUIVALENT
ee with a Domestic Partner
"Cash Equivalent" means the a unt of money paid to an e",pIO~yees' Domestic partner (or
(or spouse, if applicable) in lieu 0 roviding Benefits to the emP~plOyer's direct expense of
spouse, if applicable). The Cash uivalent is equal to the e
providing Benefits to an employee for hi or her spouse.
Cash Equivalent. The cash equivalent of th following benefits applY:
t would be allowed as paid
~. For bereavement leave, cash payment for th number of days tt'1~f wages of the domestic
time off for death of a spouse. Cash payment wo Id be in the form
partner employee for the number of days allowed. l1are of the single monthly
b. For health benefits, the cost to the Contractor of tli Contractor'S StJe paid on ~ regular basis
premiums that are being paid for the domestic partner ployee, to'(1 force for himself or
while the domestic partner employee maintains the sucli 'nsurance I
herself. at would be allowed as
~. For family medical leave, cash payments for the number 0 daYs ;itl1 condition. Cash payment
time off for an employee to care for a spouse that has a seriou l1e tl1e number of days
would be in the form of wages of the domestic partner employee or
allowed.
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CITY OF MIAMI BEACH
BST ANTIAL COMPLIANCE AUTHORIZATION FORM
Declaration: Nondiscrimination in Contracts and Benefits
This form, an supporting documentation, must be submitted to the Procurement Division by
entities seekin to contract with the City of Miami Beach that wish to delay ending their
discrimination in enefits pursuant to the Rules of Procedure, as set out below.
Fill out all sections at apply. Attach additional sheets as necessary.
A. ODen Enrollment
Ending discrimination in befits may be delayed until the first effective date after the first
open enrollment process folio ing the date the contract with the City begins, provided that the
City Contractor submits to th Procurement Division evidence that reasonable efforts are
being undertaken to end discrimi tion in benefits. This delay may not exceed two years from
the date the contract with the City 's entered into, and only applies to benefits for which an
open enrollment process is applicabl
Date next benefits plan year begins:
Date nondiscriminatory benefits will be availabl
Reason for Delay:
f',l
Description of efforts being undertaken to end discrimination in benefits: B. Administrative
Actions and Reauest for Extension
Ending discrimination in benefits may be delayed to allow administrative steps to be taken to
incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted
for these administrative steps shall apply only to those benefits for which administrative steps
are necessary and may not exceed three months. An extension of this time ma~ be granted at
the discretion of the Procurement Director, upon the written request of the City Contractor.
Administrative steps may include, but are not limited to, such actions as computer systems
modifications, personnel pOlicy revisions, and the development and distribution of employee
communications.
Description of administrative steps and dates to be achieved:
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If requesting extension beyond three months, please explain basis:
1 The pro' ion of benefits is governed by one or more collective ba aining agreement(s);
2 The City ntractor takes all reasonable measures to end discri ination in benefits
either by requestin hat the Unions involved agree to reopen the agr ments in order for the
City Contractor to tak whatever steps necessary to end discrimina' n in benefits or by ending
discrimination in bene I without reopening the collective bargaini g agreements; and
3 In the event that t e City Contractor cannot end discrimi tion in benefits despite taking
all reasonable measures t 0 so, the City Contractor provide a cash equivalent to eligible
employees for whom benefit are not available. Unless othe ise authorized in writing by the
Procurement Director, this cas equivalent payment must egin at the time the Unions refuse to
allow the collective bargaining a eements to be reope d, or in any case no longer than three
(3) months from the date the cont ct with the City is tered into.
For a delay to be granted under this
that:
The benefits for which the delay is r uested are governed by a collective bargaining
agreement;
All reasonable measures have b n ta n to end discrimination in benefits (see Section
C.2, above); and
A cash equivalent payment w' be provide to eligible employees for whom benefits are
not available. /
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I declare (or certify) under p~nalty of perjury under t laws of the State of Florida that the
foregoing is true and correct, ,and that I am authorized to 'nd this entity
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contractually. /
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KVC Constructors. Inc.
Name of Company (please print)
9499 NE 2nd p. e Ste#205
Mailing Address Company
Miami Shores
City. State, Zip
Signature
Vick Crespin
Name o(.Signatory (please print)
/
Vice President
Title
305-757 -7707
Telephone Number
June 27. 2006
Date
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl,goV
PROCUREMENT Division
Tel: 305-673-7490, Fax: 305-673-7851
NOWLEDGEMENT
DRUG AND CRIMINAL RECORD BACKGROUNDS CHECK AC~ 7 2006
June 2 .
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Date
.Bf.G: No. 27-05/06
KVC Constructors, Inc.
CompanY.,Name
9499 N.E.2nd Avenue. Ste 205
Address
Miami Shores. Florida 33138
City Florida Zip Code
wledges and attests
By signing this document the "Bidder" (the entity providing the bid) acknO;rninal Record check
that it will abide by all requirements in providing Drug and Backgroun~ cr any subcontractor's
(including convictions a sexual offenders) for all employees including (lstruction site. It is
employee that will be working at the Scott Rakow Youth Center CO procurement Office
understood that if this form is not submitted with the bidder's proposal, th~ date, this form is not
will have ten (10) days to request this form from the bidder. If and after tha sponsive.
submitted by the bidder, the bidder's RFQ proposal may be deemed non-re
PROPOSER
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Print Name
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. t tropical, historic community.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibran '
EXHIBIT VI
INSURANCE CHECKLIST
35
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INSURANCE CHECK LIST
1.
Workers' Compensation and Employer's Liability per the statutory limits of the state
of Florida.
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2.
Comprehensive General Liability (occurrence form), limits of liability S 1.000.000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications). .
3.
Automobile liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
. 00 per occurrence to follow the primary coverages.
5. The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
- Builders Risk completed value $
- Liquor Liability _ Fire Legal $
Liability _ Protection and Indemnity $
- Employee Dishonesty Bond
.00 $
.00 $
.00
.00
.00
xxx Professional Liability
$1,000,000 .00
7. Thirty (30) days written cancellation notice required.
8. Best's guide rating B+:VI or better, latest edition.
9. The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications
insurance may be required within five (5) days after Proposal opepj .
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KVC Constructors. Inc.
Vendor
EXHIBIT VII
AlE AGREEMENT
36
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
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Novembe r 8, 2006
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Scott Rakow Youth Center Phase 2 Novembe r 8, 2006
ARTICLE 7. COMPENSATION FOR SERVICES 16
ARTICLE 8. CONSULTANT'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
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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,
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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 I 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),
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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
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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 reQuired 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
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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
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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 "D". The Consultant may submit requests for an adjustment to the
Project Schedule, made necessary by undue time taken by the City to approve the Consultant's
submissions, and/or excessive time taken by the City to approve the Services or parts of the Services.
The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the
request is made in a timely manner and is fully justified.
2.6.3 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 (i.e., where delegated
to the City Manager or his designee) in this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment,
sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made
pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of
the stock of a corporate Consultant.
I
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 Bv 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
23
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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:
24
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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.
25
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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.
Signature/Secretary
Signature/President
Print Name
Print Name
p. Jrz- ~~
ome~ ate
26
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
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 ExistinQ 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 / 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 /
topographic features that are visible within the project site, such as the following:
~ Existing valve boxes, water / electrical meter boxes, electrical pull
boxes, telephone / cable risers, fences, hydrants, roof drains, etc.
~ Above ground and underground utilities, invert elevations of accessible
underground utilities, wood / 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/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.
4
. Topographic survey / base map shall be prepared in AutoCAD version 14.0
and submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36-
inch bond paper to the City. CAD mapping shall be performed to a scale of
1: 1 in the World Coordinate System. Text size shall be 100 leroy for a final
product at 1 =20 units.
· Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to the following
agencies with a request to mark 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 I 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 FOOT 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 / 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 / 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 ORB and/ or the Planning Department for review and comments. Said
comments from the ORB and/ 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, ORB and/
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 - Desion I 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 0 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
CONSUL T ANT's proposed construction sequencing restrictions will be performed by
City and eM 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 and/or 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
req uirements.
· 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 eM 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
CONSUL TANT 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. CONSUL TANT
shall prepare and distribute necessary addenda as approved by City.
12
Task 2.5 - Subcontract Biddina and Evaluation
CONSULTANT shall coordinate with the CM the process 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
CONSUL T ANT 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 / modify front end documents and / or technical specifications to
incorporate changes made via contract addenda.
· Revise Construction Documents to include modifications / 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.
13
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. CONSULTANT'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
CONSULTANT 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 - Weekly 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 (RFls):
The CONSULTANT will receive, log and process all RFl'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 RFl'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 and/or Schedule:
The CONSULTANT will receive, log and evaluate all requests for Project cost and/or
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 / or change order
requests with City. No claims assistance services are included under this task.
Deliverables:
· Perform independent review of request for cost increase and/or time
extension.
· Coordinate and participate in meetings, as required, with City and CM to
resolve and/or negotiate the equitable resolution of request.
· Prepare and execute change order documentation.
15
· 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 - Surveyina:
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
CONSUL TANT. Cost shall be limited to the noted not-to-exceed amount.
Minimum Drawina Requirement
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.
18
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\Scott 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 I Topographical I 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, which extension shall be at the sole discretion of the City, 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 Hourly Billina 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 $50 per hour
29
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
SEE ATTACHED PROJECT SCHEDULE
30
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Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC.
See Attached Pre-Construction Services Agreement with KVC Contractors, Inc.
31
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE F
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND BROWN & BROWN ARCHITECTS INC
See attached General Conditions of the Construction Contract
32
Scott Rakow Youth Center Phase 2
Novembe r 8, 2006
SCHEDULE G
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & BROWN AND BROWN ARCHITECTS INC
See Attached Insurance and other Sworn Affidavits.
33
....... ~.I..,.JYYI"l ~ WI '"U........I '1
r HUe. LJ L: U:..J
DEC.13.Z~06 12=51PM
NICK WRDDELL
1 camlFlCATE OF INSURANCI:
8 STATE Fi ARS AND CASUA.LlY COMPANY. BiaamlngiOn """CIlIA
STATE F. GEm:RAL IN~iURANCE COMPANY. Bloomlngtc 1, IIAnaI..
a STATE FA FIRE ANO CAlSUJhJ..1Y COMPANY. Scarborough. Ol'lflQrio
jgI STATE F: FL.ORIDA INSlJRJLNCE OOMPANY, Win18rHaw I'll Rorida
o STATe F: LLOYDS. P1l11as, '-exas
Inuures the foIONIng pollr yhoIder 10r the ~ indic:aled ~1Iow:
Name of patjc.yhClllc .. DOYnt i :EliRQWN ARCHUECTS
. """qt>........-.
Acldl'elScrfparqhlder 7:1.01) SW 99- AVE ~ 201. l!aAMX, n 33173
l.oc:8tfcm fA operd IfIS S1lME' I~
DescripfiCJn of 0J)8f
The palrde1 Dsted beleN
lUbjato 111M ~ ~
NO. 957
P.~
ThIll certffiea fhlrt
POLICV HUlllSI!!R
~8-J2-4126-6
.cions ARCB rl'ECT OFn~
hft8 been ill.... d to ftut J;lJcyhoIder 1br e.. ROleY ~. "oWn
dUliana. end CD ~ poJicies. The limil8 oIl1abi1ily sf\cvIf
'TYPE OF sa POUCY PERIOD
URANCE ~hre DIfle : I:!IpfrIdb'l Date
Comp~ 03/LS/06 : 03/1$/01
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Cl PrDdu-' . pompletecl Operations
mlConncfuBIUablly
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181 VALtWlIoS' E'APERS OPT vw lilOO. 000
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INSURANce IS IfDT A. COfll'fWn' OF INSURANCE AMD NJ!ITH~
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The N&.nl'IC8 duafb<<f In ftIeu poficiM is
may have b.n reduced by any paid ~Jms,
.. UIII1'B Of' LIABILITY
(lit bltainnlnl Of poll" petlod)
BODilY INJURY ANO
PROl'ER'J'V DAMAGE
.:n;;ii"'rance~:
IICh Occurrence _ S 1, oeo, 000
enenal Aggregata $ 2, Q 00, 0 00
g8-NB-OO!3-0
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1*8tiDns Aggregate
IdDIL Y INJURY AND PROPERTY DAMAGe
(Comb'ned SIngle Limrt)
ach Occ:utrence $ 4, 000,000
~ _$4,000,000
an' STATUTORY
art 2 BODIL. Y INJURY
~ NUIIIJIM
17;.i-353G-B04.S9
ach Accfdent $
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UMrTS OF UABlUTY
(at __nnfno of potJoy 'f"Iriod)
,00e.oOo QS~ -
THE CERTIFICATE OF - AFF1RMATlVE(.Y NOR REGAllVEL.Y'
AMeNDS. EXTENDS Q l ALT&R8 ntE CO\IERAGJ! APPftCl~ BY AHYPaUCY DESCJ; IBED HDIIN.
( ~ ,- - - " .ny or !he d8llDl1Md paldn ere CIIIICIIIed before
i n. ~ iratlan dllle. SIata Ferm wilt try fa mllll 8 wrftten
nO\laa tit the certIfIc>>ta haldllr 30 daya before
QII"lCll!llation. 1f ttawever, ,. ill' to men JUct1 natrce,
110 ot lig8tion or Ii8bIfiIy will ~ /mpOIId an Sl1It8
p..., ""--"~M
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~ ... tit AuthoIiz8d RepMel1tsllJlt
~ ~2113106
'"'" DItIt
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AFQ( ad, 1'605
III me and Add,.. Of Certifical Hokter
C~ty of ~smi B..l~
1700 ConvenUOl) Cc ll:te:r: Dri'Ve
Mi~ Beach~l'l. 3:139
AODI'1'XOl.Q.L INstmEl
",IM a..8 lJi&..1ift F'IIna.d 1 u.sA
rHl,,;lC tJ.:5(tJ~
12/13/2006 15:39
. Certificate ofInsurance
3855932533
WESTLAND
FlAGE a2/l!l2
Page 1 of 1
P.O. Box ~
l.a~tAlld, :i=1. 3.~8(12-09M
C!RTHICATI!: Of INSURANC~
RE: OSJO-2.1693
ISSUeD TO: City Of Miami Beach
1700 ConventIon Center Drive
MIBml, FL 33139
r:;aJ
BRIDGEFIELD
F.MPT ,(')"yF.RS 1NSU R ^ NeE
COMPANY
JUlk:d ^ tEltCtllellt) M' ^.~. ~H:"'",l"ol'Y
t-Soo-2ft2-70H8
(86:31 ~'~(,<)6IJ
FalC (861) (i/i~-I 95fi.
Tl1ls il to certify thet .M.aJa..aLirJ;1w.oJt..Willlml. F ..B.town 71.P.O .S_..w..J)liY~J.l~ u. M.laml f'l 33..u3"OOOO~ being 511bj~
to th. J:lrovlslons of the FlOrida Workers' Cornpensatlon LBw, has secul'ed the paymen : of i1ny workers' campen!JItlcn bent!flts
due by insuring their risk wIth the Brtdgefleld EmployClI"S ITlSUrQnCfl Company.
POLICY NUMBER:
oe3"Q:,2..1Jt~~
we StaMory Limlts....State or FlorId.
Employers Uabmty
1,000,0011 (Each AccIdent)
1/000,OOi' (Olsel;lse....eilc;h Employee)
1,000,0011 (Dlsease--Pcllley LImit)
EFFECTIVE DAiE;
EXPIAATION ~ATe:
J.lU1.e_OJ'J~j)OjS,
lunej)J,2,o.o.7.
This certificate is not a polfc:y and of Itself does not afford any InSUMlnc8. Nothing :ontalned 1n this c:ertiflc:at& 5hllIJ tle
construed II amending, extending, or altering coverage not afforded by the policy sh)Wn above or affOrdIng rnSl.ll1lnte to any
lMSurrad not named above,
The policy 0' fnlUrance listed above has been issued tc the named Insured for the policy period indlcsted. NotwIthstllndlnp
any requlT1lment, term or condition of ."y c;:ontract or ather do<;ument to Whic;h this c !rtiftcate may pertain, the Insurance
made available by the descl'lbed policy in this certlflcate is subject to only the tenns/ excluSions and conditions 0' luch pglicy.
PaId claims mirY have rllduclld the shown limits.
If the policy dsacl'ib8d above Is cancelled befDre the expiration date IndIcated, the Issuing oomPillny will Bttempt to mall 30
days' wrItten I'IctiO! tQ the r:ertlflaJte holder named abovs, iillthough It cancellat.fcm is 'or I'lonp&ym~nt 0' pl'8mlum, then the
1ssulng company wIll attempt m mall1JJ. days' written notice to the certificate nolder. In any event, the Issuing r:ompl!my, Its
agents, and representatIves: accept ng obllglrtlOn or llabllfty or any kind for fallum to ".11 such notice.
Date: December 13, 200f
~}j
Authorized Signature
A subsidiary of S~lmrnit, "The People Who K" ow Workers' Comp".
WUl'U,l.SUI11 mitholdings.c0111
httpS~I/www.summitholdings.com/summitweb!s~c~.nsf7c.oi_ cOlsddprint?openi mn&poliey=0830"216... 12/13/200~
AC08J).. CERTIFICATE OF LIABILITY INSURANC
P'RODfJl:!R 1HI8 CI!RT1l'1CAt'I! I'
Prof...iona1 Risk Specialty Qr ONLY AND CONFERI
A Diyj,.ion of Brown Ii 8rown, I HOLDER. THl8 Q!RTJI
5900 K Andrew. Avenue Ste. 401 ALTER lHE CDYERA(l
Ft Lauderdale r.L 3330g
Phone: 954-453-6290 rax:gS4N429-9487 IN8URERS AF'FORDING
Mv~D ~A; &venat
INSUltER 8:
BJ:'Sr' Ii limn. A2:Chi~8 INlIlJRER c:
1 ~ SW i l~Vt'!lnu., 1 INllC.lReRO:
Ni.ad. Ji"L 1 3
IlIIIUIa<R ~
.e OolITEfMUlDm'YT)
, 1 3 06
ISUED AI A MAneR OF INFORMATION
fO RIGHT8 UPON THE CERTFICATE
lCATE DOES NOT ""'D, I!XTEND OR
I! AFFORDED BY THE POLICEI BELOW.
:OVE!~E
..UoDal. Xn8. Co."
MAle.
10120
COVERAGES
TME F'Cll.tctEl OF INSIJRANCE 1ISl1!D IEI.OW HAve 8ESllS8UEO TO ~ INIUREO NAMED MOllE ~ THE POlICY PERIOD .
NIT Rl!QUIRBII!NT. 1ERM ~ COHOmOH OF NN eotmw:T OR cma;R DOCUMeIT WI1lIItESPECT TO WNCM THIS CERTFI
/MY Pl!RT"'~ THE INIUfWIfCE AFFORCED In' 'l'HE POuClI!S Dl!1CR1lml14!AElN 18 8U8JECl' TO AU. ll1E 11:RMlI. EXCL~IDN
POUClI!!'. ~TE llMlT'S llHOWH tMy tfAVE BEEN lleDUC!D IV I'AIDCl.AIIIIS.
TYPE OF lMURMCIl I'(llJCY MUtIllIR
OI!M!RAL LlA8lUTY
A COltlIMERCw. GENElW. LIIlltuTY
X C\.AIIll8 ~E 0 OCCUR
X AliZ Prof...ional 48AE002706061 OC/03/06 04/03
Id.ablli t.y PklOR. AC'l'S: 4/3/1 2
GEN\. AGGREGto~ l..,. .Pf'~re8 PeR:
flOllCY ~ l..OC
~UA8IUT'f
Nl'f NJTO
""" CMWEtl AUTOS
SCJoEDl.U!D AUTQS
~.AIJT08
NONoOWNED IWJJOS
tIICATEO. MOiWmtlTAICIINQ
:ATE MAY lIE .81.1&0 OR
I ANO cor<<mI0N8 OF SUCH
mr UMIfI
ElICH OCCUIW!NCE .2.000.000
. ~,..---, s --
MSD UP (AIl1~J.-'"' .
'07 I'&NONAL allN IHJUR\' .
GENEJW. AOO~'" . 2 .000.000
PROOUCTI . CiOM'lOP 0\00 .
CON8lNID PCGLE I.MT .
(Eli 1CCINnl)
-
IODIL 'fllfJlJRY $
1Pw~'
eoott. y IMJUItY .
(Pel' ICCIdItlIl
PROl'EKT'r DllMl\GE .
(Pwr acdlMIlJ
NJTO ONLY. EA ACCIDENT' .
OTI1Pnwt l!AlIlCC .
IW1'D ONlY; MlO .
!ACH OCCUAlU!NCI; .
AOGNlClATE .
.
.
,
--hBR't~Bi I IU.m- .-.-
e.L. EACH ,t,CCID&NT .
--
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E.L III$EA8I! . POlICY UIIIT .
0MAGl; UAllLIYY
NN'f AUTO
EXcal/Ullllllnl.A LlMlIUTY'
OCCUR 0 C~ MI\DE
OEOUC1lIILE
~ .
WIJRICma~'JIONAND
IiJlPUMiM' I.MIll.lT'f
ANY PMOHIIf:f'QItIP~1f1'I\.Ie
OFFlCEMIEMIER exCluoetn
I yw. dIIldIe WIM'
SPECW.. PRO\/I9IOHIIlMlIW
O'nt~
DOC...11ON 01' OI'I!IUlTlDNll' Loc:ATIONlIl V!HICL!S' DCI.~ ADDED.II'/' I!MJORlIDIINT / SPEClM.I'WCMIIOH8
CERllACATE HOlDER
Ci q of M:i.ami hacJh
1700 Conven~on Center Driv.
Ni_i Beach n. 3313g
CANCeLLATION
IHOULD M'raF ntE ItIKNE 0 !8CII.o I"OUC:lI8 .. CANCl!I.LmII111PtMI tHe DPlRA
C1AT'Il~. TIll! ISSUING I ~ WILL IIIlIDrAVOft TO WU\. ~ DA.,.. WIIlIT1'1IN
~ 10 1M! Cl!ItTFICATIII 0LDIlIl NAMeD TO me U!I'T.1tUT ~ TO DO., IH.ALl
...0lIl NO ~11OIf OR U ,IlIUT'I' OF Am' IQIID LJIOON 11(! INSUftM, rT8 .AGEHTa ott
~A'IM!IL
=m"'~~ f
<<>> ACORD CORPORATION 1"8
ACORD 215 (2001108)
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
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Scott Rakow Center: Risk-Assessment Plan (RAP)
Risk 1 :
Time of construction
Impact- Accurate scheduled time of construction will have a direct impact on the
construction cost due to the General Conditions of the General Contractor to manage
the project.
Solution- One key element to be addressed by the AlE in the design and construction
documents phase is that of preparina a detailed phasina plan and construction
schedule. The Phasing Plan will have to follow the following criteria: The facility has to
remain open through-out the process of construction, since the programs which are
provided are ongoing and very important for the City.
Phasing Plan
· Phasing plan will respond to the different program needs, including hours of
operation, number of users at certain times as well as the needed accessibility to
those portions of the building.
· User will be paramount during the phased construction.
Building Permit, Inspections and Final Inspection
· The agreed-to Phasing Plan will become part of the bid documents.
· AlE will develop a time schedule providing the GC the allotted time for each phase.
Access to facility and Safety to the users will be determined.
· Access in and out of the different phases of the building to be renovated will be
outlined in the AlE's Safety to Life Plan specific for each phase of construction. A
clear safe access to the buildings will be maintained at all times and the safety of the
Schedule for each phase will include allotted time for inspections by the City of
Miami Beach inspectors.
· AlE will coordinate with the City of Miami Beach Building Official as to the permitting
process (one permit) with final releases of individual phases of construction to be
completed and fully occupied by the user.
Schedule- Note: this effort will guarantee no extra ''time extensions" or additional
construction days=$, since the construction time to be bid/estimated by the GC will be
"real and actual".
Risk 2:
Coordination of major components
Impact- Upgrading of major building systems, bringing old building into code
compliance and incorporation of Safety to Life Systems.
Solution- AlE design will have to include a new fully operational fire sprinkler system
(including the new Skating Rink) and a new Fire Alarm System as well as new air
conditioning system.
· Since the building has to be remodeled in phases, these construction items will be
included in the AlE's Phasing Plan to be installed in such a way that each phase
when completed, inspected and occupied will be fully operational
· Time and cost impact of such work will be addressed by AlE in the schedule as well
as in the budget reconciliation effort in the first design phase.
· Prior to Bid Phase, all requirements of agencies with jurisdiction are verified and
then design of the required off-site water service to accommodate the new fire
sprinkler system (if water service has to be increased or any work has to be done in
the public right of way AlE will include in budget and in project schedule).
· The buildings air conditioning systems will have to be replaced (except for the new
Skating Rink) due to age, etc. AlE will develop a new design in new zones which will
respond to the new design and center's program. Again, due to the phasing of
construction, AlE will develop the design in such a way that as each phase is
completed the user can occupy the space and operate their programs.
· AlE will recommend early in the design phase items which will save in utility costs to
run the facility and to make equipment more efficient, such as: removing the large
overhead doors from the Gym to the large Open Recreational Area. The original
intent of opening the spaces is not practical and the loss of air conditioning by the
non-insulated "huge" doors does not permit the cooling system to function properly
nor efficiently.
Schedule- Note: this effort will guarantee no extra ''time extensions" or additional
construction days=$, since the construction time to be bid/estimated by the GC will be
"real and actual". There will be however an operational savings in utility cost.
Risk 3:
Design Decisions
Impact: Design selections/decisions which require owner approval, will have an impact
on time & cost.
Solution- The effort will be to make sure the contractor has clear specifications and
guidelines before they bid and or start construction. List will include decisions on all
finishes (floors, walls, ceilings, lighting, tiles, fixtures etc.), quality, manufacturer colors
and all major equipment specifications, manufacturer, etc. to ascertain that they are
equipment which the City's Maintenance staff can readily operate and maintained.
Schedule- Note: this effort will guarantee no extra ''time extensions" or additional
construction days=$, since the construction time to be bid/estimated by the GC will be
"real and actual".
Risk 4:
Old Skating Rink Structural Floor System
Impact- There is no floor slab or structure under what use to be the "old" skating rink
and this could be an unknown. Construction time could be lengthy due to difficulty of the
work.
Solution- Design a piling system (the existing building is on piling) which could be
installed inside the building and schedule the structural phase (piling) to begin under the
first phase.
Schedule- Time saved by scheduling the construction during the first phase and a 20%
savings on the structural system.
Scott Rakow Center: Value Added Options
(what we will do that others do not)
Item 1
AlE will coordinate and meet with the Center's Advisory Board on a regular basis
to get their input and to keep them informed of the progress.
Item 2
AlE will prepare "power point" color presentation for the required public meetings
with City Commission and community groups.
Item 3
AlE will introduce LEED (green building) principles as optional criteria on the
project. Including materials and equipment selections
Item 4
AlE will introduce CEPTED (security) Design principles in the design of building.
Special concern will be the entrance and exits to the facility to ascertain the
security of the primary users of the facility - mostly children.
Item 5
AlE will make specific recommendations, currently not in the present program, to
improve the finish product; Le. large overhead doors from the existing Gym are
never used and cause a tremendous loss of air conditioning. Doors should be
removed and only one smaller overhead door kept to bring equipment as
required to change ceiling lights, etc.
Item 6
AlE will address the moisture problem between the existing Gym and the new
Skating Rink by waterproofing and sealing the wall.
Item 7
AlE will make significant cost savings by coordinating the new required fire alarm
system with the existing "new" system already in place in the new skating rink.
Item 8
AlE will recommend a special flooring system and flexible lighting and air
conditioning system in the old "skating rink" space to provide the city with the
flexibility to use the new space for both athletic and other activities.
(~,;:Il (( '-f/{( {;ld'(V
RISK ASSESSMENT PLAN
MAJOR RISK ITEMS
1. Risk: Membership participation likely to fall off during phased construction. Parents may
be hesitant to send kids to the facility while construction on-going.
Impact: (Operational Costs) Indeterminate Schedule: (Days) NA
Solution: Publish clear phasing schedule (in conjunction with CM) to make public aware
when various portions of the building will go off-line and come back on-line. Specs to
require rigid standards for safeguards. temporary partitions. dust control. etc.
2. Risk: Phased construction will likely close off some emergency egress routes while
remaining portion of the building is occupied.
Impact: (Cost) $ 0.00 Schedule: (Days) 0 days. no impact
Solution: Provide CM with clear egress route maps to be posted for each Phase of
construction as egress routes are adiusted to suit current layouts.
3. Risk: Water pressure in the street may be insufficient to adequately sprinkle the building.
Impact: (Cost) Indeterminate Schedule: (Days) Indeterminate
Solution: Verify street water pressure with a fire-flow test. Inadequate pressure in the street
may require an up-sizing of street water main if it's not 8" minimum.
4. Risk: Retrofitting of restrooms may require more toilet room fixtures by Code than in the
time of the existing layout. as well as larger ADA toilet areas. Space may be
inadequate and cause encroachment into other areas.
Impact: (Construction Cost) $ 50.000 - 75.000 Schedule: -CDays) 2 weeks construction
Solution: Modify existing Phase I design to accommodate additional fixtures ifrea'd.
VALUE ADDED OPTIONS
1.. Item: Arriving members are exposed to the elements at the entry plaza. Design Porte-
Cochere to provide covered vehicular drop-off a<=cess to facility in inclement
weather. Allows busses to drop-off kids under cover.
Impact: (Construction Cost) $150.000 - $200.000 approx: const. cost
Schedule: (Days) 0 days. assume it is built concurrent with interior construction
2. Item: Construct massing model for presentation purposes for both client and neighborhood
groUDS. showing building massing. arrival plaza. parking. site ingress/egress. (Not a high-
end professional finish model. but a massing model with base and plexiglass case)
Impact: (AlE Cost) $10.000 Schedule: (Days) 0 (done concurrent with Design
Development Phase)
3. Item: Add wide-screen televisions at entry point and in other locations that display news of
upcoming events. registration deadlines. etc.
Impact: (Construction Cost) $ 5.000 ea./approx. const. cost Schedule: (Days) Q
4. Item: Add permanent Internet closed circuit cameras at basketball courts. fitness machine
area. etc. so that members can go on-line to see if the facility is crowded before th~y head
over to the Center. If installed early. cameras could allow members and City officials to
observe progress of construction on-line as well.
Impact: (Construction Cost) $ 20.000 approx. const. cost Schedule: (Days) Q
5. Item: Provide "lightning prediction" (siren) system for outdoor areas. including golf
course. (If golf course already has a system. a tie-in with a strobe for the pool area is
recommended at a cost savings. )
-Impact: (Construction Cost) $20.000 approx. const. cost Schedule: (Days) Q
6. Item: Provide individual TV outlets at each Life Cycle. treadmill. etc. to allow each user to
watch hislher individual TV as they exercise.
Impact: (Construction Cost, Outlets and platforms only) $30.000 approx. const. cost
Schedule: (Days) Q
MILESTONES (assumes sufficient "as-built" drawings of existing facility exist)
1.
Item: Program Verification
Start: October 16.2006 Finish: November 13.2006
Number Days: 28 days
2. Item: Schematic Design / Design Development / Color Boards and Materials Selection.
Start: November 13.2006 Finish: Januarv 08.2007' Number Days: 56 days
3.
Item: Construction Documents
Start: January 8. 2007 Finish: April 2. 2007
...
Number Days: 84 days
4.
Item: Permitting / Negotiation with CM at Risk)
Start: April 2. 2007 Finish: May 28. 2007
Number Days: 56 days
5. Item: Construction Administration (assumes negotiated CM at Risk and 4-5 Phases)
Start: May 28. 2007 Finish: Mav 28. 2008 Number Days: 365 days
Total Number Estimated Workdays: 589 days
Page 2 of 2
{/='.r ij1.~t.e+hltf(fV,6e
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ATTACHMENT 4
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risk first). Indicate the potential impact to project
cost (in terms of $), and/or schedule (in terms of calendar days). You may ass/delete the risk
tables below as necessary.
Maior Risk items:
Risk 1:
Impact:
Solution:
Phas/no of work with on ooina activities (children)
$500.000 Schedule (Days) 360 +
Discuss with staff. General Contractor & Coordination with schedule
limit work in summer durino "Dav CamD" - Extensive Dlannina with
foresioht
Risk 2:
Impact:
life Safety issues - Fire Alarm / Fire 50rinkler
$1.000.000 Schedule (Days) 180 +
Extensive Dlann/no - meetino early with Alarm & Sorinkler comoanies
and Fire Deoartment
Solution:
Risk 3:
Impact:
Solution:
Maintenance of traffic durino oarkino lot & Bus droo off work
Schedule (Days) 180 +
Good Desian. Staff Plan nino & Cotional Buildino Entrv
Risk 4:
Impact:
Solution:
Good Desian
Seoaratina vehicular & Pedestrian Traffic / Entrv Plaza
Schedule (Days) 90 + Desion
Risk 5:
Impact:
Solution:
ADAlElevator issues to resolve in Desion
Schedule (Days) 30 - 120
Meetinas on Site & Plan review with Gladys Salas & John Antona
Risk 6
Eauioment reauirements & Installation of or sDeeial items such as: Snack Bar
Elevator. Fitness Center. Music Room
Schedule (Days) 90-180
Impact:
Solution:
Risk 7:
Impact:
Solution:
New lobby & Security areas effectively
Schedule (Days) 150
Good Desion & Plann/na. Alternate entry. maintenance of security
RiskS:
Impact:
Solution:
Consideration for Desion of New mu/tioul'DOse room
Schedule (Days) +/- 90
Good olannino - soodal uses may affect cost schedule
Risk 9:
Impact:
Solution:
Maintenance of restroom functions
50.000 -100.000 Schedule (Days)
Risk 10:
Impact:
Solution:
Golf starter house - location mayor may not have a sianificant imoact
Schedule (Days) 180
Coordination with Golf course. olannina any soecial reauirements
Value added options or Differentials (what YOU will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing, and include a short
description of how it adds value to the project. Identify if the items will increase or decrease project schedule coat,
or expectation. You may add/delete the value tables below as necessary.
Item 1:
Impact:
Item 2:
Impact:
Item 3:
Impact:
Item 4:
Impact:
Item 5:
Impact:
Porte Cachere - Covered droD off / Other covered Dick UD area for Darents
to Dick UD Kids
Cost ($) 5.000 - 50.000 Schedule (Days) +/- 180
Gift ShOD / Pro ShOD
Cost ($) 50.000 - 100.000
Schedule (Days) +/- 180
Give MultiDuroose room a sDecial function .i.e. Gvmnastics
Cost ($) Schedule (Days) +/- 90
Garden Area - Other sDecial use area for children with soecial needs
Cost ($) 25.000 Schedule (Days)
Public Artwork - bv kids for kids
Cost ($) 20.000 - 25.000 Schedule (Days)
Schedule (Maximum six milestones)
Milestones (Start. Finish, no of workdays)
Total number of workdays
1.
2.
3.
4.
5.
6.
Kick off:
(60-90 Days)
Phase I:
(120-180 Days)
Phase ,,:
(120-180 Days)
Phase III:
(120-180 Days)
Phase IV:
(120-180 Days)
Phase V:
(90 Days)
Desian Schedule
Start: (Documentation, Research & Preliminary Design -120 Days)
Meetings with Client - Scott Rakow Youth Center Personnel.
Review as built, existing M.E.P. systems, Meeting with Engineers.
Design: ( Development - 90 days)
Client / General Contractor, Plan review & Permit Plans reviewer feed back.
Initial Construction Drawings - AlE: (120 Days - depending upon phasing)
Client! General Contractor and second permit plans reviewer feed back.
Final Construction Documents: (60 Days)
Pennitting: (Pennit -120 Days)
Bid Process, Award, Pre-Constructlon Meeting: (60 Days)
Pre-construction meeting at site
Construction Schedule
Pre Construction Meetings
Plans Review / Walk thru
Shop Drawings submit & review
Parking / Drop off (may do rock base only for Construction Parking or
complete & re-finish upon completion)
Fire Sprinkler / Fire Alarm
Trash Area / Zamboni drainage pit
Relocate Entry to allow for construction of new Lobby & Security
New Lobby Shell
Elevator shell work
2nd floor work - specially rooms, music room. etc.
HVAC upgrades
1s1 floor work - Multipurpose room, Snack Bar, Etc.
Golf starter office
Parking drop off
Phase VI: Finishes, Entry Plaza, Artwork & Landscaping
(120-180 Days)
. Phases III & IV & other work may be combined depending upon ongoing activities.
Risk Assessment Plan Format
~, ..., ---~:.........
C :J r.:::>
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project cost
(in terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk tables
below as necessary.
Maior Risk Items
Risk 1: Demolition / Un-foreseen Conditions
Impact: Cost ($) --..$500,000.00 Schedule (Days) 6 months
Solution: The current buildinQ code will require that the entire buildinQ be uPQraded to meet
current wind and impact loads for the entire envelope of the buildinQ. As such, a detailed
analysis of the existinQ buildinQ structure will be required and should be confirmed durinQ desiQn
if any estimate of this cost is to be accurate. We would recommend that the demolition be
executed under a separate contract in order to mitiQate this cost and allow the construction
contractor to bid without the un-necessary risk associated with any potential unforeseen
condition resultinQ form includinQ this work in the construction contract.
Risk 3: Limited Site Access - StaQinQ area needs - Construction PhasinQ
Impact: Cost ($) $100,000.00 Schedule (Days) 4 months
Solution: Due to the extensive nature of the work. a detailed staQinQ and work plan will
need to be established with the contract documents in order to minimize disruption to the
surroundinQ area and assure an orderl and ualit ro ress of the work. No mention is made in
the sco e of access to the site with re ard to on oin activities or is the ro osed sco,...e of work
will be done while the buildinQ is occupied. However, these issues will only underline the need
for the development of this plan.
1
Value Added Options or Differentials (what YOU will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing, and
include a short description of how it adds value to the project. Identify if the items will increase or
decrease project schedule, cost, or expectation.
Item 1: Successful direct recent experience in remodelino & reproorammino of an existino
buildino of approximately the same aoe and size. Similar approach saved client apProximatel~
$300.000 in potential unforeseen conditions. In-house structural desion team is familiar with the
specialized requirements of retrofit buildino hardenino required for this proiect.
Impact: Cost ($) _$300,000 saved Schedule (Days) 6 months of possible delays
Item 2: Experience in coordination and direction of specialty. subcontractors as well as
preparation of EPA mandated mitioation plans by in-house staff.
Impact: Cost ($) .,$500,00 possible unforeseen Schedule (Days) 8 months possible delay
Item 3: Providino a contractor staoino plan will allow all potential bidders to bid on a better
defined scope of work as well as controlled client expectations as to possible delays and impact
on surroundino areas.
Impact: Cost ($) N/A Schedule (Days) 6 months of possible delays
Item 4: In-house Civil services with extensive municipal infrastructure experience will help
mitioate off-site improvement costs.
Impact:. Cost ($) N/A Schedule (Days) N/A
Schedule (maximum six milestones)
Milestones (start, finish, number of workdays)
Total numbers of workdays
All dates/ times are sequential not additive.
· Commissioning for architectural design and construction administration - day one
· Complete existing building surveys and records research / commission materials survey _
month one
· Prepare Demolition Plans and bid documents - end of month two
· Commission demolition / Begin design - month four
· Standard preparation of design and construction documents including staging/phasing plans
- end of month seven
· Bidding - end of month nine
· Commissioning of contractor to begin construction - month eleven
· Construction completion - month twenty three (assumes twelve month construction duration)
· Total number of workdays - approximately 700 days (from commissioning to construction
completion)
2
Risk 1 :
Solution:
Cost:
Risk 2:
Solution:
Cost:
Risk 3:
Solution:
Cost:
Risk 4:
Solution:
Cost:
Risk 5:
Solution:
Cost:
Risk 6:
Solution:
Cost:
Risk 7:
Solution:
Cost:
RiskS:
Solution:
Cost: $
Risk Assessment Plan (RAP)
SCOTT RAKOW YOUTH CENTER PHASE"
~cil{UI
Phased renovation will cause disruption to normal means of egress.
AE shall include detailed phasing plans in design documents that show viable means of
egress and temporary exit signage for each phase of construction.
$20,000 Schedule 30 Days:
Not securing timely building permits can cause delay in start of construction
AE shall develop a list of required permits and agency and contact person in authority and
shall meet with the permitting authority 3 times. 1) SO 2) 50pct CD 3) 1 OOpct CD.
$1,200 savings Schedule 90 Days saving
In renovation projects contractor may not fully understand existing conditions or
finishes from drafted drawings.
AE shall include photographic documentation of existing conditions and elements to be
renovated as part of the CD's.
$20,000 Schedule 30 Day saving (construction)
Limited evaluation of existing utilities on and around site can cause unforeseen
expense during construction.
AE shall acquire an underground survey of existing utilities documented in CADD to be
used by design staff.
$25,000 Schedule 45 Days
Renovation work can trigger unanticipated scope to bring building elements into
compliance with current codes.
AE shall review the full scope of renovation and meet with the BUILDING OFFICIAL for a
scope determination at the end of the SO phase.
$15,000 Schedule 10 Days
Phased renovation work can disrupt user function and events.
AE shall include in the CD's detailed construction barrier layouts depicting how spaces that
remain functional are accessed by the public and how they are serviced by staff during
construction.
$20,000 Schedule 30 Days
Windows, louvers and exterior door configurations shown in CD's may not have
local product approval
AE shall research and include at least 2 products meeting product approval standards in
the CD's
$20,000 savings Schedule 10 Days
User expectations for improvements to be made with renovations often fall short and
or their expectations are not congruent with the program scope or funding
limitations set by the budget.
AE shall host a minimum of 2 user program verification meetings to clearly present scope
with costs associated with each program element and to document concurrence with
budget set by the client department.
10,000 each Schedule Days: 14 days each.
Page 1 of 2
Risk Assessment Plan (RAP)
SCOTT RAKOW YOUTH CENTER PHASE"
Risk 9: Scope creep caused by adding elements beyond program scope can cause the
budget to be exceeded
Solution: AE shall maintain a quantity based cost estimate detailing the quantity of major elements of
construction at all phases of design and shall notify the Client of the cost impact of any and
all additions to the scope that may be requested. Scope shall not be added without a
documented funding source.
Cost: $50,000 Schedule NA Days
Risk 10: Renovation projects that expand existing building area could cause existing MEP
systems to fail or become inadequate.
Solution: AE shall include as part of the SO deliverable an inspection and report of existing MEP
systems including their existing capacities and relationship to anticipated changes to be
imposed by the renovation scope.
Cost: $5,000 Schedule 10 Days
Value Added Options or Differentials (what you will do that others do not)
1. User/Client Communication: We will host a minimum of two (2) user workshops to develop;
confirm; and establish concurrency with scope/ anticipated improvements / budget.
2. Budget & Scope Control: We will include quantity based cost estimates at all phases (not just
sf estimates); prepared in-house. This insures accountability because the AE staff will know
exactly how much of each element is required; and will be able to track budget deviations.
3. Clear and Concise Contract Documents: We will include photographic documentation as an
integral part of the construction plans to assure the contractor has a clear understanding of
scope and intent. We will also include detailed phasing plans that will depict the layout and
function of the building at each phase of construction (how the facility can be used; while
construction continues).
4. Communication: We will provide the city with 24 hour contact phone numbers (cellI home) so
that we can be contacted any day; any time to react to a concern at hand.
5. Data Management: We will host/provide a secure FTP site for the sharing of project data
between the various team members and the City.
6. Design Communication: We will provide 3D Cadd renderings of all major elements of the
project; and virtual 3D animation walk through. These are provided through in-house staff.
Schedule with six major milestones and weeks of each major task.
Program Verification/User Workshop
Schematic Design
Field Verification/ Utilities Survey
Design Development
Construction & Phasing Documents
Permitting
6 weeks
8 weeks
6 weeks
13 weeks
26 weeks
8 weeks
Page 2 of 2
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Risk Assessment Plan
Risk 1:
Impact:
Solution:
Risk 2:
Impact:
Solution:
Risk 3:
Impact:
Solution:
Risk 4:
Impact:
Solution:
Risk 5:
Impact:
Solution:
Risk 6:
Communication channels less than clear.
Hard to define. This can generate up to 20% in extras.
Predetermine spokespeople for AlE team and Owner. Meet often, keep Owner
involved in key decisions and memorialize those decisions in writing through good
Minutes and proper distribution thereof.
Unanticipated field conditions.
All expansions or renovations suffer through "unanticipated conditions". These are
usually caught during construction, when it is difficult and time-consuming to solve.
This can add 2 extra months of time, and up to 10% in Change Orders.
AlE must do selective demolition at key interfaces of old with new to confirm that
as-builts of existing were indeed built per plans. AlE team should assist GC in
being pro-active in the discovery of field conditions. Structural engineer should
discuss with the GC shoring options while the joining of old and new is occurring.
AlE should rely on previous experience to anticipate conditions - even having
details prepared in advance for potential issues.
III-defined scope of services & Program.
Not likely because of Brown & Brown work and City's active involvement to date.
Nevertheless, cost and schedule impact of this can be as much 20%.
Take time to carefully craft contract language. More words and definition is better
than less. State the obvious and the not so obvious.
Not understanding Florida's Existina Buildina Code 2004
Can add 5% in cost, but more damaging to schedule, because design retrofits can
cause up to one month's delay.
Understand the Code, and meet with Building Official in advance of design work to
go over the Program, paying close attention to accessibility issues (ADA parking,
rest rooms and general circulation can only be agreed upon through meeting with
City officials, since they are interpretive in nature) as well as minimum thresholds
requiring that the existing structure be brought up to current Code.
Underestimated Construction Costs
Human Nature... Optimism... Can ruin a project, or force it into a Value-Engineering
process that robs it of elements the Owner was led to expect.
Provide conservative estimates at Conceptual Design, Schematic Design, Design
Development, 60% and 100% Construction Documents. We have in-house GCs
(who are also architects) who counsel the project designers at their periodic
reviews. It is not enough to consult Cost data publications. Our experts know local
prices, local supply/demand and labor issues and can help a project avoid
specifying materials difficult or expensive to install.
Under-Developed Construction Documents
p. 1
Impact:
Solution:
Risk 7:
Impact:
Solution:
CD
Missing details may lead the GC to conclude the Project is simpler that it really is.
Up to 10%% in Change Orders can result from this misapprehension
A/E must show details for all conditions, and should not rely on GC to reasonable
infer details. Even though a more thorough documentation adds some cost to the
AlE fees, it invariably pays for itself. Our senior cost estimators/quality control
managers will provide the input to ensure completeness of documents.
Uncoordinated Construction Documents & Field Installation
Generally related to the coordination of structure with mechanical ducts, chases
and piping, this can cause big headaches in the field, resulting in 5% Change
Orders and up to a month in time.
A/E should use 3-D modeling techniques to design systems to ensure no
interference between trades. Our M/E/P engineer has the software and experience
for the job. Also, the AlE should review the GC's sequencing plan to advise if there
could be conflicts. For example, large objects like ductwork should precede the
installation of smaller items such as sprinkler piping - although GCs do not always
sequence properly, if not questioned. This is called the Synthesis Phase.
SCHEMATIC PROJECT SCHEDULE
I. Confirm Program / Conceptual Design - Week 2 - at which time we would deliver a
Cost Verification Statement, and publish definitive Program, with areas, systems,
projected costs, drawings and sketches.
II. Permitting - ongoing (In week 4 or 5, meet with Fire Dept, Utlities, Public Works, to
develop aQency review plan. Meet w/Building Official to discuss Existing Building
Code compliance and ADA issues). Continue to meet to resolve outstanding issues
during design phase.
III. Design Development Submittal- Week 8. Submit the first CSI-format estimate of
Probable Costs, along with narratives of all building systems, discussing in detail what
will be eliminated, renovated or brand-new. Fire-alarm, and low-voltage systems, as
well as structures and MEP will be described. Produce renderinQs for presentation to
DesiQn Review Board.
IV. 60% CD Submittal- Week 12. Update Cost estimate, and submit drawings of all
disciplines for review. Show cross sections through plenums to demonstrate
coordination of engineering disciplines and trades.
V. 100% CD Submittal- Week 18. Submit drawings for Building and Fire Dept review.
Deliver final Cost Estimate and complete book of Specifications.
VI. Synthesis Phase - Date TBD. Before construction, organize a mandatory meeting to
be attended by all the design professionals, the GC and its key sub-contractors
(Electrical, Plumbing, Mechanical, Fire Sprinkler, low-voltage and Site) to review
documents for possible coordination issues. Memorialize meeting and develop action
plan for follow-up and resolution of items before construction begins.
p.2
EXHIBIT VIII
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
37
00800. GENERAL CONDITIONS:
1. Project Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
1
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated-
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
2
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the \Nork to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
3
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
4
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinqs Cateqorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
5
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
6
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[ X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 7
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
7.1.3.2.
7.1.3.3.
Owned Vehicles.
Hired and Non-Owned Vehicles.
Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1.
[] 7.1.4.2.
Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
8
7.1.5..1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction-- The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
9
9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: XX-XX/XX
DA TE: 07/20/06
CITY OF MIAMI BEACH
10
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
11
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
BID NO: XX-XXIX X
DATE: 07/20/06
CITY OF MIAMI BEACH
12
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
13
15. CITY's Riqht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: XX-XX/XX
DA TE: 07/20/06
CITY OF MIAMI BEACH
14
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's RiQht to Stop Work or Terminate Contract
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
15
18. Riqhts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differino Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: XX-XXIX X
DATE: 07/20/06
CITY OF MIAMI BEACH
16
20. Plans and Workino Drawinos:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damaoes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
17
24. Supplementary Drawinqs:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
18
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than % percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: XX-XXIX X
DATE: 07/20/06
CITY OF MIAMI BEACH
19
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
20
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Leqal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
21
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and DamaQe to ExistinQ Facilities. Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
22
33. Value Enqineerinq:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chanqes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
23
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chanoe Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
24
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of ChanQe Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DA TE: 07/20/06 25
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07120/06 26
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 27
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 28
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
29
39. Notification and Claim for Chanqe of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No DamaQes for Delav:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: XX-XX/XX
DA TE: 07/20/06
CITY OF MIAMI BEACH
30
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav; Compensable; Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
31
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSUL TANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: XX-XX/XX
DA TE: 07/20/06
CITY OF MIAMI BEACH
32
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop DrawinQs:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Falilure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within twenty-
one (21) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
33
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawings:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
34
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
35
[ x ] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Siqn:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
36
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleaninq Up; City's Riqht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Equipment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination, Equal Emplovment Opportunity, and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
BID NO: XX-XX/XX
DATE: 07120/06
CITY OF MIAMI BEACH
37
54. Project Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
38
EXHIBIT IX
BEST VALUE AMENDMENT
The Construction Manager agrees to abide by all the required documentation of the City's Performance
Information Procurement System and submit the weekly reports.
38
~V~
Risk Assessment Plan
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project
cost (in terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk
tables below as necessary.
Maior Risk Items
Risk 1: Safety to children due to on going construction during time of operation.
Impact: Cost ($) TBD Schedule (Days) TBD
Solution: Provide temporary partitions to separate construction working areas from daily
youth center activities and a separate construction site access from access of building users.
Risk 2: Limit use of youth center.
Impact: Cost ($) TBD Schedule TBD (Days)
Solution: Phase the construction in coordination with the youth center personnel in a manner
that areas of work are turned over when new areas are ready for occupancy in an effort to
maximize use of the facility.
Risk 3: Asbestos abatement during demolition of (non friable material).
Impact: Cost TBD ($) Schedule TBD (Days)
Solution: Provide enclosed protected demolition area with positive air pressure to insure
containment and provide a controlled abatement area.
Risk 4: Safe access to youth center from main entry during renovation of main entry plaza.
Impact: Cost TBD ($) Schedule TBD (Days)
Solution: Provide over head protection at entry and walkways during construction.
Risk 5: Timely installation of new fire sprinkler system.
Impact: Cost TBD ($) Schedule TBD (Days)
Solution: Install fire sprinkler system during hours of operation when children are not present
(8:00AM - 2:00PM) and ask City Of Miami Beach building department for permission to start
construction work at 7:00am rather than 8:00am.
Risk 6: Parking for construction workers.
Impact: Cost TBD ($) Schedule TBD (Days)
Solution: Provide a fence around the future site of the new parking lot for temporary
construction parking and staging area.
Risk 7: Power outage of facility during construction.
Impact: Cost TBD ($) Schedule TBD (Days)
Solution: Pre-demolition planning and review of existing electrical systems and limit major
demolition, electrical and/ or construction work during non peak hours of operation.
Value Added Options or Differentials (what you will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing, and
include a short description of how it adds value to the project. Identify if the items will increase
or decrease project schedule, cost, or expectation. You may add/delete the value tables below
as necessary.
Item 1: Provide increase involvement and input from company principals during all phases of
construction.
Impact: Cost ($) TBD Schedule TBD (Days)
Schedule (maximum six milestones)
Milestones (start, finish, no of workdays) Total number of workdays
TBD - Schedule will be established and coordinated with the Architect, Consultants and City of
Miami Beach.
(~
J-'
THAN
CONSTRUCTION SM
HIHLDJ~G QUALITY & DELIVERl!liG EXCELLENCEs\1
ATTACHMENT 4
RISK ASSESSl\IENT PLAN FORMAT
MAJOR RISK ITEMS
STREET ACCESS / ENTRY POINT / TRAFFIC CONTROL & SAFETY
Existing access in front of the Scott Rakow Youth Center creates a danger for pedestrians and
traffic entering the site because the turn lane is located at a three point intersection.
Schedule (Days): During the entire construction schedule.
Solution: Build and create from the south traffic lane a temporary turning lane through the center median to
allow construction delivery and access at the exit driveway of the Scott Rakow Youth Center's parking lot. Post a
flagman at the beginning of each construction working day through the morning peak delivery hours, during the adjacent
school's morning drop-off hours, during the afternoon school's student pickup hours and during the start of the Scott
Rakow Youth Center's after school activities until all construction operations have ceased for the day. Install large and
clear signage to indicate traffic .control hours of operations. We are creating a safer entrance point from the South onto
the Scott Rakow Youth Center's parking lot and maintaining the current exit to the South.
Risk 1:
Impact:
SITE STAGING AND PARKING
Existing parking lot is too small to handle the construction parking and deliveries and will create
an unsafe congestion problem.
Schedule (Days): During the entire construction schedule.
Solution: Build and create a temporary parking lot and staging area for construction and storage of
. materials. Install a temporary galvanized screened fence ten feet away from the staging area and bordering the Par 3 golf
course. Construct the temporary parking lot using the final intended lime-rock base and primed for the final permanent
new parking lot as depicted in the preliminary plans by Brown & Brown; install the drainage system to conform with the
. new final parking lot elevations.
Risk 2:
Impact:
Risk 3: PROPER ENTRY ONTO SITE AND PROPER IDENTIFICATIONS
, Impact: Keep the Scott Rakow Youth Center safe and secure for the children during construction.
Schedule (Days): During the entire construction schedule.
Solution: Site identification badges will be issued for all construction personnel. Maintain control of entry
. . points onto site with proper sign-in logs. Identify construction areas and restricted areas. All construction personnel will
sign out at the end of every shift and return their ID badges.
Risk 4:
Impact:
SAFE TEMPORARY ACCESS DURING THE PLAZA / LOBBY WORK
Existing front lobby / plaza access will be completely disrupted during the renovation and
addition to these areas; the front site entry will be unsafe.
Schedule (Days): During construction of the Plaza, Lobby, Elevator and 2nd Floor Addition (#1-4).
'Solution: Prioritize the construction schedule to indicate that the renovation and construction of the New
Multi-Purpose Room will be the first interior area on the schedule. Upon its completion, the New Storage Room to the
west of the New Multi-Purpose Room will be modified to function as the temporary reception area / lobby; therefore,
-eliminating all non-construction related personnel from entering into the existing lobby / plaza in front of the Scott Rakow
Youth Center during the renovation. This plan will eliminate disruptions and the work in these areas will stay on
schedule.
ATTACHMENT 4.doc; Page 1 of 2
!.y. JJ
\....
\~
TRAN
CONSTRUCTION SOl
IUlILDlN<. QUALITY & DELIVERING EXCELLENCEs"
Risk 5: RENOVATION OF MEN'S & WOMEN'S RESTROOMS
Impact: Reduction of usable restroom facilities during construction.
Schedule (Days): During renovation of the New Men's & Women's Restrooms with Vestibules (#9).
Solution: Prioritize the construction schedule to indicate that the renovation and construction of the New
Men's & Women's Restrooms with Vestibules will commence at the same time as the New Multi-Purpose Room on the
construction schedule. Upon its completion, the New Men's & Women's Restrooms with Vestibules will allow the work
in the New Fitness Center and Two New Restrooms (#13) to commence without drastically reducing the number of
fixtures (toilets, sinks and urinals) for use in the Scott Rakow Youth Center.
Risk 6: SAFETY AT NEW FITNESS CENTER AND RESTROOMS
Impact: Keep non-construction related parties safely out of area of work.
Schedule (Days): During construction of the New Fitness Center and Two New Restrooms (#13).
Solution: Build a temporary plywood wall from floor to ceiling deck to safely isolate the construction work
from the users of the Scott Rakow Youth Center. Temporary access door will be secured during construction. This plan
will eliminate disruptions; maintain a safe Scott Rakow Youth Center and the work in these areas will stay on schedule.
Risk 7: CONSTRUCTION DUST CONTROL AT EXISTING HV AC SYSTEMS
Impact: During demolition and construction, airborne dust can create health issues.
Schedule (Days): During the entire construction schedule.
Solution: Build a secondary filtration system in front of all HV AC equipment and air returns to capture the
demolition and construction dust. These secondary filtration systems will be equipped with disposable throwaway filters
which will be replaced once a week.
Risk 8: PROPER IDENTIFICATION OF ELECTRICAL SERVICE, FIRE ALARM CONTROLS,
WATER SERVICE AND ELEVATOR CONTROLS
Impact: Keep the Scott Rakow Youth Center's systems fully operational during construction.
Schedule (Days): During the entire construction schedule.
Solution: Properly trace and confirm the electrical service points, trace and confirm the electrical panel
circuits, trace and confirm the water service shut-off valves, trace and confirm the fire alarm panel circuiting and trace and
confirm the elevator controls. Reroute the existing system out of the area of demolition to avoid disruptions.
Risk 9: MECHANICAL ROOM NOISE REDUCTION
Impact: Reduce mechanical noise transmitting through the New Lobby.
Schedule (Days): During installation of New HV AC equipment in existing mechanical room (#7).
Solution: Install sound panels in the existing mechanical room to mitigate the noise transfer from the
mechanical room into the new lobby area when the mechanical system is on.
Risk 10: FIRE ALARM INTERRUPTION DURING THE REPLACEMENT OF THE EXISTING FIRE
ALARM SYSTEM
.Jmpact: Lapse in protection of the premises.
Schedule (Days): During the entire construction schedule.
Solution: Install a brand new fire alarm system to protect the premises in its entirety prior to removal of the
existing system, thus not requiring fire watch or otherwise reducing the level of protection at any time during
construction. New Fire Alarm panel will be installed in its planned location. All renovated areas will be protected
through the new system and the existing panel will report trouble and alarm to the new panel while still in service.
Recertification of the system may be required in various intervals by Fire Marshall.
ATTACHMENT 4.doc; Page 2 of 2
EXHIBIT X
PROPOSAL DOCUMENTS
F:ICAPI\$all\GRACEIGeneral Project Info\Scott Rakow Phase II-BB-KVC\KVC ContractlKVC-Pre Construction Services Agreement SRYC PH2.do
39