2000-24031 RESO
RESOLUTION NO. 2000-24031
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH THE FIRM OF ROSENBERG DESIGN GROUP, INC.,
IN THE AMOUNT OF $55,000, PURSUANT TO RFQ NO. 41-
99/00 TO PROVIDE ARCHITECTURAL, ENGINEERING,
AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE
MASTER PLANNING, PROGRAMMING, DESIGN,
CONSTRUCTION DOCUMENTATION, CONSTRUCTION
ADMINISTRATION, AND TO DEVELOP SPECIFICATIONS
FOR THE BELLE ISLE PARK PROJECT; AND
APPROPRIATING FUNDS IN THE SAME AMOUNT FROM
THE $92 MILLION GENERAL OBLIGATION BOND-SERIES
2000, FUND NO. 374 FOR PAYMENT OF FEES FOR SUCH
SERVICES AND PROJECT REIMBURSABLE EXPENSES.
WHEREAS, on January 12, 2000, the Mayor and City
Commission adopted Resolution No. 2000-23447 approving the
issuance of a Request For Qualifications (RFQ) for architectural and
engineering firms to provide professional services for the design,
construction documentation, and to develop specifications for the
improvements to Belle Isle Park; and
WHEREAS, two (2) firms submitted proposals detailing their
qualifications for the proposed project; and
WHEREAS, an Evaluation Committee, appointed by the City
Manager to review the proposals, met on March 24, 2000, and April
11, 2000, and reviewed the qualifications of the firms submitting
proposals; and
WHEREAS, Rosenberg Design Group, Inc., was
recommended to the City Manager as the top ranked proposer; and
WHEREAS, the Administration received authorization
under Resolution No. 2000-23929, adopted on May 24, 2000, to enter
into negotiations with Rosenberg Design Group, Inc. to refine the
scope of work, and to negotiate the fees to be paid for the work; and
WHEREAS, the Administration now requests approval of a
Professional Services Agreement between the City and Rosenberg
Design Group, Inc., in the amount of $55,000, for professional
architectural, landscape architectural, and engineering services for the
plarming and programming, the preparation of design drawings,
construction documents, and specifications for the Belle Isle Park
project.
NOW, THEREFORE BE IT DULY RESOLVED BY THE
MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission approve and authorize the Mayor and City Clerk to
execute an Agreement with Rosenberg Design Group, Inc., for
Professional Architectural, Landscape Architectural and Engineering
Services, pursuant to Request for Qualifications No. 41-99/00 to
develop plans, specifications and construction documents for the
Belle Isle Park project, for a maximum fee (including reimbursable
expenses) of $55,000, to be funded from the $92 million General
Obligation Bond-Series 2000, Fund No. 374.
PASSED AND ADOPTED this 26th day of July, 2000.
fJI/f
MAYOR
ATTEST:
JfU~k f~
CITY CLERK
F:\WORK\$ALL\MAGMIClGOBOND\BELLRESO.WPD
APPROVED /IS TO
FORM & LANGUAGE
& FOR EXECUTION
~~ 7/~//co
Ity Alto 0aliI
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. f;4--S-00
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy f"\ ~
City Man~~/UIo
A RESO~rtON OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE FIRM OF ROSENBERG DESIGN GROUP, INC., IN
THE AMOUNT OF $55,000, PURSUANT TO RFQ No. 41-99/00 TO PROVIDE
ARCIDTECTURAL,ENGINEERlNG, AND LANDSCAPE ARCIDTECTURAL
SERVICES FOR THE MASTER PLANNING, PROGRAMMING, DESIGN,
CONSTRUCTION DOCUMENTATION, CONSTRUCTION
ADMINISTRATION, AND TO DEVELOP SPECIFICATIONS FOR THE
BELLE ISLE PARK PROJECT; AND APPROPRIATING FUNDS IN THE
SAME AMOUNT FROM THE $92 MILLION GENERAL OBLIGATION
BOND-SERIES 2000, FUND No. 374 FOR PAYMENT OF FEES FOR SUCH
SERVICES AND PROJECT REIMBURSABLE EXPENSES.
DATE: July 26, 2000
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funds for this project are available from the $92 Million G.O. Bond-Series 2000, Fund No. 374.
ANALYSIS:
Pursuant to a Resolution adopted by the City Mayor and Commission on January 12, 2000, the
Administration issued on January 20, 2000, a Request for Qualifications (RFQ) No. 41-99/00 for
Architectural, Engineering and Landscape Architectural services to develop design, and construction
documents for the Belle Isle Park project.
On March 1, 2000, the RFQ was opened. In Letter to Comrnission(LTC) No. 41-2000, dated Mach 22,
2000, the Administration established an Evaluation Committee for the purpose of reviewing the
proposals received and to make a recommendation to the City Manager on the ranking of the proposals.
AGENDA ITEM c.iCiG;-
DATE 1-2f,-Ou
On March 24, 2000, the Committee met to review all the responses and short listed the following two
(2) responsive firms: Bermello, Ajamil and Partners and Rosenberg Design Group, Inc. On April 11,
2000, the two (2) firms made oral presentations. The Committee evaluated and ranked the firms based
on the criteria identified in the RFQ. Rosenberg Design Group, Inc, was selected the top-ranked firm.
The recommendation was issued to the City Manager, who reviewed and concurred with the
Committee's evaluation.
On May 24, 2000, the Commission adopted a Resolution accepting the ranking recommended by the
Evaluation Committee and authorizing the Administration to enter into negotiations with the top-
ranked firm.
Ongoing contract negotiations were conducted with the recommended firm. The following table
illustrates the salient points and the result of the negotiations with Rosenberg Design Group, Inc., for
the provision of Master Plarming, Programming, Design, Construction Documentation, Construction
Administration, and Specifications for the Belle Isle Park Project:
SERVICE ORIGINAL FINAL NEGOTIATED NOTES
COMPONENT SUBMISSION FEE
Master Plarming, $16,490 $12,880
Programming,
Basic Services: $55,800 $36,120
Design, Construction (HO.6% of probable ( 7% of probable
Documents, construction cost) construction cost)
Construction
Administration,
Specifications
Reimbursable expenses incl. above $6,000 1
TOTAL $72,290 $55,000 2
~:
1. The reimbursable expense amount is a "not to exceed sum". It includes: boundary and
topographic survey, geo-technical tests, reproduction, photographs, postage, courier. Consultant
must submit proposals to the City for approval before services are rendered for items such as surveys
and geo-technical testing. Expenses will be reimbursed at actual cost.
2. The Project Budget is $600,000. The estimated construction cost is $516,000.
The Admini~ recommends the adoption of the attached Resolution.
LAL~~/KS~'
F:\WORK\$ALL\MAGMIC\GOBOND\BELISLEM,WPD
Attachments
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
ROSENBERG DESIGN GROUP, INC.
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE
BELLE ISLE PARK
PROJECT
ARTICLE 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.8.1
1.8.2
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
ARTICLE 2.
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
TABLE OF CONTENTS
PAGE
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
City............................................................. 2
City Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
City Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Proposal Documents ............................................... 3
Consultant ....................................................... 3
City's Project Coordinator ........................................... 4
Basic Services .................................................... 4
The Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Project Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Project Scope ................................................. 4
Construction Cost Budget ........................................... 5
Force Majeure .................................................... 5
Contractor ....................................................... 5
Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contract for Construction ........................................... 6
Construction Documents ............................................ 6
Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Additional Services ................................................ 6
Work ........................................................... 6
Services ......................................................... 6
Base Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Schedules '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Upset Limit ...................................................... 7
BASIC SERVICES ................................................ 7
Schematic Design Phase ............................................ 7
Design Development Phase ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Construction Document Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bidding or Negotiation Phase ...................................... 10
Construction Phase, Observation and Administration of the Const. Contract. . . 11
Responsibility for Claims and Liabilities .............................. 14
Additional Field Representation .....................................14
Additional Services ............................................... 15
Time............... ........ ............. .................. ... ..16
ARTICLE 3. THE CITY'S RESPONSIBILITIES .................................. 17
ARTICLE 4.
4.1
4.2
CONSTRUCTION COST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Responsibility for Construction Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 5. DIRECT PERSONNEL EXPENSE .................................. 19
ARTICLE 6. REIMBURSABLE EXPENSES ..................................... 19
ARTICLE 7.
7.1
7.2
7.3
PAYMENTS TO THE CONSULTANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Payments on Account of Basic Services ............................... 20
Payment on Account of Additional Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Project Suspension or Termination ................................... 20
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS......................... 21
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS ..........................21
ARTICLE 10. TERMINATION OF AGREEMENT................................. 21
10.1 Default and Right to Terminate. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. ........ 21
10.2 Termination for Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
10.3 Termination for Convenience ....................................... 22
10.4 Termination by Consultant ......................................... 23
10.5 Implementation of Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
10.6 Non-Solicitation.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE 11. MISCELLANEOUS PROVISIONS ..................................23
ARTICLE 12. EXTENT OF AGREEMENT .......................................24
ARTICLE 13. BASIS OF COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13.1 Compensation for Services ......................................... 24
ARTICLE 14. INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
ARTICLE 15. INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
ARTICLE 16. VENUE ........................................................ 26
ARTICLE 17. LIMITATION OF LIABILITY. . .. .., ... . " . . .. . . '" ... ... . ... ... .. .26
ARTICLE 18. ADDITIONAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE 19. NOTICE........................................................ 28
SCHEDULES
SCHEDULE "A" - Consultant Scope of Work .. . . " .. . " . .,. '" . .. . ...... . . ... . ..30
SCHEDULE "B" - Consultant Compensation ....................................32
SCHEDULE "C" - Subcontract Hourly Compensation Rates ........................ 34
SCHEDULE "D" - Project Schedule ........................................... 35
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
ROSENBERG DESIGN GROUP, INC.
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This Agreement made and entered into this ;).J}"'day o~r., 2000, 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, and ROSENBERG DESIGN GROUP, Inc. a Florida Corporation, whose address is 12901
SW 71st Avenue, Miami, Florida 33156 (hereinafter referred to as Consultant).
WITNE S SE TH:
WHEREAS, the City intends to undertake a Project within the City of Miami Beach, which
is more particularly described in Schedule "A", attached hereto, and wishes to engage the Consultant
to provide architectural and/or engineering services for the Project at the agreed fees as set forth in
this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, engineering and related professional services relative to the Project, as hereinafter set
forth, including: studies, normal plarming and programming as necessary, design, preparation of
construction documents and construction administration services, all as hereinafter stipulated.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY The "City" or "Owner" shall mean the City of Miami Beach and is a Florida
Municipal Corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida 33139. The City, as a governmental entity, is subject to the availability, and 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 this project, this Agreement may be terminated by the City pursuant
to the procedures set forth in Article 10.
1
1.2 CITY COMMISSION The "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.
1.2.1 The City Commission shall be the body to consider, comment upon, or approve of
any amendments or modifications to this Agreement.
1.2.2 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.
1.2.3 All 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.
1.2.4 The City Commission shall review, approve, disapprove or otherwise comment upon
the Consultant's Design and Construction Documents after they are submitted to the City by the
Consultant.
1.2.5 The City Commission shall hear appeals from the administrative decision of the City
Manager upon the Consultant's written request, in which case the Commission's decision shall be
final.
1.2.6 The City Commission shall approve or consider all change orders which exceed the
sum often thousand dollars ($10,000.00) (or other such amount as may be specified by the City of
Miami Beach Purchasing Ordinance, as amended).
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 a 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 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.
1.3.1 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 Consultant's work.
2
1.3.2 The City Manager shall additionally be authorized but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided,
however, that he cannot increase the Consultant's compensation or other budgets established by this
Agreement. 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.
The City Manager shall additionally be the sole representative of the City authorized to issue
a Notice to Proceed as referenced in Article 2 herein. The City Manager may consider, comment
upon or approve modifications in accordance with applicable laws and ordinances.
1.3.3 The City Manager may approve change orders which do not exceed the sum often
thousand dollars ($10,000.00) (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.
1.3.4 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.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the:
REQUEST FOR QUALIFICA TlONS FOR "BELLE ISLE PARK" (RFQ NO. 41-99/00) issued by
the City in contemplation of this Agreement, together with all amendments thereto, if any, and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this
Agreement and made a part hereof; provided, however, that in the event of an express conflict
between the Proposal and this Agreement, this Agreement shall prevail.
1.5 CONSULT ANT The "Consultant" is herein defined as Rosenberg Design Group,
a Florida Corporation, whose address is, 12901 SW 71st Avenue, Miami, Florida 33156.
1.5.1 All architects required by the needs of this Project shall be duly licensed and admitted
to practice architecture in this State pursuant to Chapter 481, Florida Statutes, and additionally
possessing the requisite occupational licenses from the City and the County. All engineers required by
the needs of this Project shall be duly licensed and certified by the State of Florida to engage in the
practice of engineering in this State. All special inspectors, if any, required by the needs of this Project
shall be duly certified, licensed and registered under Chapter 471, Florida Statutes, as an engineer, or
under Chapter 481, as an architect, and shall additionally possess the requisite occupational license from
the City and the County.
3
1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities, and
liabilities under this Agreement and the services, responsibilities, and liabilities of any sub-consultants,
and any other person or entity acting under the direction or control of the Consultant. When the term
"Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other
person or entity acting under the direction or control of Consultant. Any sub-consultants retained by
Consultant pursuant to this Agreement and the Project, shall be subject to prior written approval of the
City.
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator" shall mean
the individual appointed by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review on behalf of the City, all matters related to the Project, except as
otherwise provided herein.
1.7 BASIC SERVICES "Basic Services" shall include the professional services of
architectural, structural, mechanical and electrical services, as required, for the design, preparation of
contract documents and administration of the Construction Contract for the Project hereunder. Surveys,
and soil tests will be included as reimbursable items.
1.8 THE PROJECT That City Capital Project which has been approved by the City
Commission and includes the Master Plarming, Programming, Design, Construction Documentation,
Construction Administration, the development of Technical Specifications, and drawings for the
permitting and construction of the improvements to the Belle Isle Park, as described in the Schedule
A attached hereto.
1.8.1 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,
financing cost, materials testing services, surveys, and other miscellaneous Owner costs.
The Project will require a Statement of Probable Cost defined as: A cost forecast prepared by
the Architect during the Design Development and Construction Document preparation phase for the
guidance of the Owner. to be submitted prior to bidding. Should construction cost proposals exceed
the Final Statement of Probable Cost by more than 5%, the Consultant agrees to perform all
modifications to plans and specifications at no cost to the City to lower the cost of the Project to permit
reissuance of the construction bid proposal.
1.8.2 PROJECT SCOPE The City shall establish the Scope of Services for the Project to
be provided to the Consultant prior to the start of the Project, this document is attached hereto and
incorporated herein as a Schedule to this Agreement.
4
1.9 CONSTRUCTION COST BUDGET The "Construction Cost Budget" for the Project
shall mean a sum which is the total 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, and not including the compensation of the Consultant and any Sub-Consultants,
rights-of-way, the cost ofland, and surveys.
1.9.1 The Construction Cost Budget, as established by the City, 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
and/or City Manager approval by passage of an enabling resolution and amendments to the appropriate
agreements relative to the Project prior to any modification of the construction costs due to force
majeure. Provided further, however, that even in the event of a force majeure as defined in subsection
1.10, the City shall have no obligation to exceed the Construction Cost Budget limitations established
herein, and, if such budget is exceeded, the City may, at its sole option and discretion, terminate this
Agreement without any further liability to the City.
1.10 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such as
hurricanes, tornados, flood and loss caused by fire and other similar unavoidable casualties. 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, or other causes beyond the parties control or by any
other such causes which the Consultant and the City Commission 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.
1.11 CONTRACTOR "Contractor" or "Contractors" shall mean those persons or entities
responsible for performing the construction work or providing the materials, supplies and equipment
identified in the bid and contract documents for the Project.
1.12 CONTRACT DOCUMENTS "Contract Documents" shall mean this Agreement; the
Agreement between City and Contractor; Conditions of the Contract (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 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.
1.13 CONTRACT FOR CONSTRUCTION "Contract for Construction" shall mean a
legally binding agreement with contractors.
5
1.14 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the final
plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to
Article 2.4 and approved by the City.
1.15 CHANGE ORDER "Change order" shall mean the written order to the Project
Manager approved by the Owner as specified in this Agreement and signed by the Owner'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. Change orders shall only
be approved by the City Commission, if they exceed ten thousand dollars ($10,000.00), or the City
Manager if they are ten thousand dollars ($10,000.00) or less in amount (or other such amount as may
be specified by the City of Miami Beach Purchasing Ordinance, as amended). Even for change orders
for less than ten thousand ($10,000.00) the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for the approval of any such change order.
1.16 ADDITIONAL SERVICES "Additional Services" shall mean those services described
in subsection 2.10 herein, which have been duly authorized in writing by the City Manager.
1.17 WORK "Work" shall mean the work to be performed on the Project by the Contractor,
pursuant to the applicable Contract 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.
1.18 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.
1.19 BASE BID "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the Owner as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by
Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates".
1.20 SCHEDULES "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A -- Scope of Services.
Schedule B -- The schedule of compensation to the Consultant for Basic Architectural and
Engineering Services, and for reimbursable expenditures as defined, plus any
Additional Services, as submitted by the Consultant and approved by the City.
6
Schedule C -- The schedule of compensation to the Consultant and to sub-consultants for
Additional Services, as submitted by the Consultant and approved by the City.
Schedule D -- Proposed Project Schedule.
1.21 UPSET LIMIT "Upset limit" as to any service order shall mean the maximum
cumulative fee allowable under the Service Order, which the consultant shall not exceed without
specific written authorization. The upset limit is not a guaranteed maximum cost for the scope of work
set forth in the Service Order.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide basic services for the Project as set forth hereafter. The
work for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed
issued by the City Manager. For Basic Services, the Notice to Proceed shall contain a description of the
work required (scope of work); an agreed lump sum fee, reimbursable expenses, the construction budget
for the Project, and start and completion date for the Project. Consultant shall countersign the Service
Order. Any additional work for this Project will be performed by the Consultant upon receipt of a
written "Amended Scope of Work" issued by the City Manager. The "Amended Scope of Work" shall
contain a description of the type of services required; contain either an agreed lump sum fee or an
hourly fee, as provided in Schedules B and C, with an Upset Limit for the services, and reimbursable
expenses; the additional Construction Cost Budget allocation required for the additional work; an
amended completion date for the Project (if any), and a description of the type of services to be
provided.
2.2 The Consultant's Basic Services shall consist of the six phases described in subsections
2.3 through 2.7 And include normal planning, programming, architectural, structural, civil, mechanical,
electrical, scheduling, fixture, furniture, equipment and signage selection as required.
2.3 SCHEMATIC DESIGN PHASE
The Consultant shall confer with representatives of the City to ascertain the requirements of the Project
and shall review and confirm the understanding of these requirements and other design parameters with
the City.
2.3.1 The Consultant shall provide a preliminary evaluation of the Project scope, schedule and
Project budget requirements, each in terms of the other. The City and the Consultant shall ensure
reasonable public participation in the planning, and programming process of the Project as necessary.
Such public involvement shall be attained through a number of public presentations, workshops to be
attended by the Consultant.
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2.3.2 The Consultant shall review with the City, alternative approaches to design and
construction of the Project.
2.3.3 After approval of the program by the City, the Consultant shall prepare, Schematic
Design Documents consisting of drawings, site, and floor plans, elevations, samples as required to show
the scale and relationship of the components and the design concept as a whole. Floor plans may be
single line diagrams, window locations are not required. A simple rendering of sketch, model, or
photograph thereof may be provided to further show the design concept.
2.3.4 The Consultant shall submit a preliminary estimate of Construction Cost. The
preliminary estimate of Construction Cost shall include a summary of the estimated cost of all the
various components of the Project, including site preparation, building (if any), landscaping, irrigation,
fixed equipment, construction contingency allowance, movable equipment (if any), utility service
extensions, comprising a brief description of the basis for such estimated costs, with cost adjusted to
the projected bid date, and a preliminary evaluation of the building(s) program (if any), and allocated
construction funds in terms of each other.
2.3.5 Consultant shall be specifically responsible for the following in connection with the
Schematic Design Phase:
1. Participate in a number of community and public involvement meetings, as determined and
coordinated by the City, and in a number as deemed necessary by the City, to present Conceptual
Designs and address public concerns and issues as they relate to the Project's programming planning
process, to be prepared by the Consultant and approved by the City.
2. Prepare the Schematic Design Documents
3. Present the Schematic Design Documents to the City for comments and approval.
4. Coordinate other sub-Consultants if required, for conformance with the applicable building
codes, regulations and budgets as necessary.
2.4 DESIGN DEVELOPMENT PHASE
2.4.1 Based on the approved Schematic Design documents and any adjustments authorized
by the City, the Consultant shall prepare, for approval by the City, Design Development Documents
consisting of drawings, outline specifications and other documents to fix and describe the size and
character of the Project in terms of architectural, structural (if any), and electrical systems (if any), and
construction finish materials, and such other elements as may be appropriate.
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2.4.2 The Consultant shall review with the City (including if requested by the City
Manager, review by a committee or committees), alternative approaches to design and construction of
the Project.
2.4.3 The Consultant shall advise the City of any adjustments to the estimated construction budget. If
the adjustments exceed the total allocated funds for the Project, the appropriate cost or scope reduction
recommendations must be included at the Consultant's expense.
2.4.4 Consultant will be specifically responsible for the following in connection with this Design
Development Phase:
1. Prepare Design Development drawings, based on the approved Schematic Design, necessary
to fix and describe the size and character of the overall, Project as to basic architectural, structural (if
any), mechanical (if any) and electrical systems (if any), materials and such other elements as may be
Consultant;
2. Coordinate with the engineers, and other Consultants, and conform with applicable building
codes and regulation, as directed by the Consultant;
3. Respond to the City's request for design adjustments based on cost
estimates during this phase; and
4. Participate in a number of presentations, as determined and coordinated by the City, as required
for review and approval from any and all regulatory bodies and, as deemed necessary by the City, for
community and public involvement. The Consultant shall meet with the staff of the City's Planning
Department to determine whether the Project will require Administrative Level or Design and Historic
Review Board approval.
2.5 CONSTRUCTION DOCUMENT PHASE.
2.5.1 Based on the approved design documents, the Consultant shall prepare, for approval by the
City, five (5) copies of the Construction Documents. In addition, a set of the documents shall be in
the form of reproducible mylar for bidding purposes. Consultant shall also file with the Project
Coordinator at said time, the following items: (A) five (5) copies of the Statement of Probable
Construction Cost; (b) five (5) unbound copies of the proposed advertisement for bids; (c) five (5)
unbound copies of the bid proposal; and (d) three (3) copies of a final maintenance impact report (if
applicable). All final Construction Documents shall be provided in disk format in Auto Cad (latest
version).
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Consultant shall provide City with three (3) sets of Construction Documents at approximately
eighty percent (80%) completion, approximately thirty (30) days prior to the date for delivery of the
five (5) copies of one hundred percent (100%) complete Construction Documents for review and
comment by the City's Engineering, Parks, Property Maintenance, Public Works, Parking, and
Building Departments. Should additional sets be required, the Consultant will be reimbursed for the
actual cost ofreproduction, upon approval by the City.
2.5.2 Construction Documents will be prepared, signed and sealed by design professionals. The
Construction Documents shall call for a construction period as approved by the City Manager. The
entire Project will be publicly bid with a Base Bid and such Additive Alternates and/or Deductive
Alternates as may be requested by City, to reasonably insure that the award will be within the
Construction Cost Budget.
The Construction Documents shall set forth in detail the requirements for construction of the
Project including all the contractual, code (laws, rules and regulations), and technical specifications
and requirements under which the work is to be conducted.
In addition to complying with all applicable codes, the Project shall comply with, and the
Construction Documents shall fully set forth any requirements as necessary for the Project to fully
comply with, all applicable provisions of the Florida Accessibility Code (Section 555.3.501-553.
513 Florida Statutes (latest edition) and the American with Disabilities Act accessibility guidelines
(ADAAG), both separately and jointly.
Performance of those prerequisites necessary for obtaining the necessary approvals and
permits shall be the sole responsibility of the Consultant. Prior to the advertisement for bids,
Consultant shall also assist the City in obtaining all necessary Local, State and Federal Permits as
may be required for construction of the Project.
2.5.4 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. "Standard of Care" includes an examination and
analysis of visible site field conditions prior to initiating Project design.
2.6 BIDDING OR NEGOTIATION PHASE
2.6.1 The Consultant, following the City's approval of the Construction Documents and of the
latest Statement of Probable Cost, shall assist the City in obtaining responsive lump sum bids, with
or without the Additive and/or Deductive Alternatives; assist the City in the evaluation and
determination leading up to the award; and advise the City in the preparation of the Contract for
Construction.
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2.6.2 Consultant shall be required to tabulate all bids received. Within three (3) working days
thereafter, the Consultant shall submit in writing to the City's Project Coordinator, its
recommendations for the award or rejection of the Construction Contract, together with (2) sets of
bid tabulations to be reviewed by the City.
2.7 CONSTRUCTION PHASE, CONSTRUCTION OBSERVATION AND
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.7.1 The Construction Phase will commence with the award of the Contract for
Construction and, together with the Consultant's obligation to provide Basic Services for the Project
under this Agreement, will terminate when final payment to the Contractor is due or, in the absence
of a final Certification for Payment or of such due date, sixty (60) days after the Date of Substantial
Completion of the Work, or sixty (60) days after the completion date specified in the Contract for
Construction at the time of the award, whichever occurs later.
The City's Project Coordinator will be the City's representative on the Project construction
site, but the presence of this Coordinator shall in no way diminish any of the Consultant's duties and
obligations as described in this Agreement.
Any and all changes which would result in an increase of compensation to the Consultant
must be approved by the City Commission; or by the City Manager, if such change is less than ten
thousand dollars ($10,000). The City's Project Coordinator shall be considered to be on the Project
site for the benefit and protection of the City. The Consultant shall have no right to rely on the
Project Coordinator for assurances or advice regarding work which is the responsibility of the
Consultant. The Consultant and the City's Project Coordinator will hold regular construction
progress meetings, on or off site, at least a twice monthly between themselves, the Contractor and
the various subcontractors, as appropriate. The location of the meetings will be determined by the
City's Project Coordinator. The Consultant shall be responsible for taking the meeting minutes, and
will keep accurate records of such.
2.7.2 The Consultant shall provide administration of the Construction Contract, as
set forth in subsections 2.7.3 through 2.7.19, or in the General or Supplemental Conditions of the
Contract for Construction, and the Consultant's assigned authority thereunder shall not be modified
without the Consultant's written consent.
2.7.3 The Consultant shall advise and consult with the City, and keep it informed of the
progress of the Work, including percentage completed on a monthly basis, during the Construction
Phase. After issuance of the Notice to Proceed with the Work, all of the City's instructions to the
Contractors shall be issued through the Consultant's representative, with final approval by the City.
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2.7.4 The Consultant shall visit the Project site at periodic intervals appropriate to the stage
of construction, or as may otherwise be requested by the City, to remain familiar with the progress
and quality of the Work and to determine if the Work is proceeding in accordance with the
Construction Contract. On the basis of such on-site inspections, the Consultant shall keep the City
informed of the progress and quality of the Work and shall endeavor to guard the City against defects
and deficiencies in the work of the Contractor. Upon discovery of any defects or deficiencies the
Consultant shall immediately notify the City's Project Coordinator.
2.7.5 The Consultant shall not have control of, or be in charge of, and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work, for the acts or omissions of the Contractor,
the Contractor's sub-contractors or any other persons performing any of the Work, or for failure of
any of them to carry out the Work in accordance with the Contract Documents.
2.7.6 The Consultant shall at all times have access to the Work whenever it is III
preparation or progress.
2.7.7 The Consultant shall determine the amounts owing to the Contractor based on
observations at the site and on evaluations of the Contractor's applications for payment and shall
issue certificates for payment in such amounts, as provided in the Contract Documents, subject to
the City's final approval.
2.7.8 The issuance of a Certification for Payment shall constitute a representation by the
Consultant to the City, based on the Consultant's visual observations at the site as provided in
subsection 2.7.4 and on the data comprising the Contractor's application for payment that, to the best
of the Consultant's knowledge, information and belief, the Work has progressed to the point
indicated; that, based on the Consultant's observation of the Work, the quality of the Work is in
accordance with the Contract Documents, subject to an evaluation of the Work for conformance with
the Contract Documents upon substantial completion; to the results of any subsequent tests required
by or performed under the Contract Documents; to minor deviations from the Contract Documents
correctable prior to completion; and to any specific qualifications stated in the certificate for
Payment; and that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Consultant has made any
examination to ascertain how and for what purpose the Contractor has used the monies paid on
account of the contract sum.
2.7.9 The Consultant shall be the interpreter of the requirements of the Contract
Documents. The Consultant shall render interpretations necessary for the proper execution of the
progress of the Work with reasonable promptness on written decisions, within twenty (10) days on
all claims, disputes and other matters in question between the City and the Contractor relating to the
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execution or progress of the Work or the interpretation of the Contract Documents. All actions
required by Consultant under this subsection shall be taken expeditiously.
2.7.10 Interpretations and decisions of the Consultant shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents, and shall be in written or graphic form.
2.7.11 The Consultant shall, after discussion with the Project Coordinator, have authority
to reject work which does not conform to the Contract Documents. Subject to the City's approval,
the Consultant will have authority to require special inspection or testing of the work when it is
necessary or advisable (in the Consultant's opinion) for the implementation of the intent of the
Contract Documents, whether or not such work be then fabricated, installed or completed.
2.7.12 The Consultant shall review and approve or take other appropriate action upon the
Contractor's submittal, including, but not limited to, shop drawings, product data, samples and other
submissions of the Contractor, for conformance only with the design concept of the work and with
the information given in the Contract Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Consultant's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
2.7.13 The Consultant shall prepare change orders for the City's approval and execution in
accordance with the Contract Documents, and shall have authority to order minor changes in the
Work not involving an adjustment in the contract sum or an extension of the contract time which are
not inconsistent with the intent of the Contract Documents. Meeting notes documenting all minor
changes shall be presented in writing to the Project Coordinator after each meeting.
2.7.14 The extent of the duties, responsibilities and limitations of authority of the
Consultant, as the City's Architect for the Project during the Construction Phase, shall not be
modified or extended without the mutual written consent of the Consultant and the City Manager.
2.7.15 The City shall furnish, in a timely manner, structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the Contract Documents.
2.7.16 The Consultant shall prepare a set of reproducible record drawings showing the
completed Project as it is finally built (i.e., "as built" drawings) from information collected by the
Consultant from the contractor(s). These shall be similar in scale and scope to the Contract
Document drawings but shall include all occurrences and instances where the finished building
differs from the Contract Document drawings as a result of duly approved changes made during
construction of the Project. Such drawings, accompanied by three (3) computer disks in Microsoft
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Windows format, containing AutoCAD (latest version) format files containing the same information,
are to be submitted to the Project Coordinator within thirty (30) days of submission of the final
Certification for Payment for the Project.
2.7.17 Consultant shall conduct inspections to determine the dates of Substantial and Final
Completion and shall issue a Certificate for Final Payment to the Contractor under the Contract
Documents. Consultant shall submit a report listing each of the product warranties available,
indicating their terms and conditions as indicated by the language in such warranties.
2.7.18 All communications relating to the day to day activities occurring at the construction
site or the Work performed shall be exchanged between the Consultants Project Manager and the
City's Project Coordinator.
2.7.19 The Consultant shall also specifically perform the following services in connection
with the Construction Phase:
I. Review periodically construction progress;
2. Review and comment on mock-ups, material submission and shop drawings involving design
aesthetics;
3. Assist in bulletins, clarifications and change orders affecting design, and;
4. Provide design clarification sketches as needed.
The return time for the issuance of clarification and the review of shop drawings shall not exceed
Ten (10 ) calendar days.
2.8 RESPONSIBILITY FOR CLAIMS AND LIABILITIES
2.8.1 Approval by the City shall not constitute nor be deemed a release of the responsibility
and liability of the Consultant, its employees, sub-contractors, agents and consultants for the
accuracy and competency of their designs, working drawings, specifications or other documents and
work; nor shall such approval be deemed to be an assumption of such responsibility by the City for
a defect or omission in designs, working drawings, specifications or other documents prepared by
the Consultant, its employees, sub-contractors, agents and consultants. However, the Consultant
shall be entitled to reasonably rely upon the accuracy and validity of decisions and information
furnished by the City and its employees.
2.9 ADDITIONAL FIELD REPRESENTATION Should the City and the Consultant
agree that more extensive representation at the site than is described in Article 2.6 is advisable, such
additional Project representation shall be provided and paid for as an Additional Service.
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2.10 ADDITIONAL SERVICES Unless specifically provided for in the Scope of Work,
the following services are not included in Basic Services. Any Additional Services must be
authorized in writing by a City Commission Resolution or by the City Manager in advance of their
performance, and may be paid for as a multiple of direct personnel expense, as outlined in Schedule
Band C. Additional Services will consist of the following:
2.10.1 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof, and to verify the accuracy of drawings or other information furnished by the City
in the event of an inconsistency or omission in the drawings.
2.1 0.2 Making investigations, surveys, valuations, inventories or detailed appraisals of
existing facilities, and services required solely in connection with construction performed by the
City.
2.10.3 Providing consultation concerning replacement of any work damaged by fire or other
causes during construction, and furnishing services as may be required in connection with the
replacement of such work.
2.1 0.4 Providing services made necessary by the default of the Contractor, or by major
defects or deficiencies in the Work of the Contractor (provided Consultant promptly notified the City
of any such defects or deficiencies observed by Consultant), or by failure of performance of either
the City or Contractor under the Contract for Construction.
2.1 0.5 Providing Basic Services after issuance to the City of the Final Certificate for
Payment, or, in the absence of a Final Certificate for Payment, more than sixty (60) days after the
date of substantial completion of the Work, or sixty (60) days after the completion date set forth in
the Construction Contract, whichever is later.
2.10.6 Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from failure
of the Consultant to meet the Standard of Care set forth in subsection 2.5.4
2.10.7 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.
2.10.8 Making revisions in drawings, specifications or other documents when such revisions
are inconsistent with written approvals or instructions previously given, are required by the
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enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.
If changes are required to be made because of error, oversight, inadvertence, clarification or
discrepancy in the work of the Consultant, the City shall not be liable to compensate Consultant for
Additional Services in such connection.
2.10.9 Providing consultation concerning replacement of a new Project or damage by fire
or other cause during construction, and furnishing such professional services in the type set forth
herein as may be required in connection with the replacement of such work.
2.10.10 Providing professional services made necessary by the default of any Contractor
or any sub-contractor in the performance of the Construction Contract.
2.1 0.11 Providing contract administration services during the Construction Phase, should
the Construction Contract time and working days be extended or unreasonably extended through no
fault of the Consultant.
2.10.12 Providing planning, programming, program investigating and evaluation services,
economic studies, feasibility studies, unless such studies are included in the Basic Services described
in Article 1.7.
2.10.13
Providing certified land surveys and similar information.
2.10.14 Providing such other professional services to the City relative to the Project
which arise 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.
2.10.15 Services provided for by this Article 2.10, subsections 2.10.1 through 2.1 0.16,
must be approved by the City Commission or by the City Manager before such services are
commenced.
2.10.16 Additional Services based on any other funding source will be provided at
the same percentage fee established for Basic Service in Schedule "B".
2.11 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:
2.11.1 The Consultant shall perform Basic and Additional Services as expeditiously as is
consistent with the standard of professional skill and care required by this Agreement and the orderly
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progress of the Work. Prior to commencement of said Services, the Consultant shall submit a
Project Schedule to the City, for its approval, detailing the time lines for completion of the Services
contemplated by the Agreement. The Project Schedule, as approved by the City, shall be attached
hereto and incorporated as a Schedule to this Agreement. Upon notice to the City, the Consultant
may submit adjustments 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; otherwise, any adjustments to the Project Schedule shall require
the prior written consent of the City. 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.
The time lines set forth in this Schedule, as approved by the City, shall not, except as provided
above, be exceeded by the Consultant.
2.11.2 The parties agree that the Consultant's services during all phases of this Project will
be performed in a manner which shall conform with the approved Project Schedule, as same may
be amended.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City has provided Consultant with the Project goals and design elements as set
forth in the Proposal Documents and pursuant to Article 1.8 herein, and shall provide, consistent
with the foregoing described goals, such additional requirements for the Project as may be necessary,
including space requirements and relationships, flexibility and expendability, special equipment and
systems, and site requirements.
3.2 The City shall establish a Construction Cost Budget for the Project, which may
include contingencies for bidding, changes in the Work during construction, and other costs which
are the responsibility of the City, including those described in this Article 3 and in subsection 4.1.2.
The City shall, at the request of the Consultant, provide a statement of funds available for the
Project, and their source.
3.3 The City Manager shall designate a representative defined as the City's Project
Coordinator authorized to act on the City's behalf with respect to the Project. The City's Project
Coordinator shall examine the documents submitted by the Consultant and shall transmit written
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's
Services. Notwithstanding the foregoing, the City shall, whenever possible, observe the procedure
of issuing orders to its Contractor only through Consultant.
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 Contractor's applications for payment or to ascertain how or for
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what purposes the Contractor uses the monies paid by or on behalf of 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, prompt written notice thereof shall be given by
the City to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as expeditiously 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.
ARTICLE 4. CONSTRUCTION COST
4.1 DEFINITION
4.1.1 The Construction Cost shall be the total cost or estimated cost to the City of all
elements of the Project, as designed or specified by the Consultant, and as approved by the City, and
as more completely defined in Article 1.9.
4.1.2 The Construction Cost does not include the compensation of the Consultant and the
Consultant's consultants, the cost of the land, rights-of-way, and surveys.
4.1.3 For work not constructed, the Construction Cost shall be the same as the lowest bona
fide bid or competitive proposal received and accepted from a responsible bidder or proposer for any
and all of such work.
4.1.4 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 or detailed cost estimate. The City
shall have the right to verify the Statement of Probable Cost or detailed cost estimate by the
Consultant.
4.2 RESPONSIBILITY FOR CONSTRUCTION COST
4.2.1 If the bidding phase has not commenced within three (3) months after the Consultant
submits the Construction Documents to the City, and all the necessary City approvals have bee
given, the total time being known as the date of approval, the Construction Cost Budget shall be
adjusted to reflect any change in the general level of prices in the construction industry between the
date of submission of the Construction Documents to the City and the date on which proposals are
sought.
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4.2.2 If the lowest bona fide base bid exceeds the Construction Cost Budget (as same may
also be adjusted as provided in subsection 4.2.1) by more than five percent (5%), the City
Commission shall, at its sole discretion, have any of the following options: (1) give written approval
of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding,
or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the
Project and terminate the Consultant's Services for the Project, covered by this Agreement without
further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring
the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the
Project scope, construction schedule, and sequence of work, as may be required to reduce the
Construction Cost Budget. In the event the City elects to reduce the Project scope, the Consultant
shall provide such revisions to the Construction Documents and provide rebidding services, as many
times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in
order to bring the bids within five percent (5%) of the Construction Cost Budget.
ARTICLE S. DIRECT PERSONNEL EXPENSE
5.1 For Additional Services rendered under this Agreement, the Consultant and its
sub-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedules B
andC.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable expenses are in addition to the compensation for Basic and Additional
Services and include actual expenditures made by the Consultant and the Consultant's employees
and consultants in the interest of the Project, for the expenses listed in the following subparagraphs.
All Reimbursable Expenses pursuant to this Article in excess of $200, must be authorized
in advance by the City Manager or the City's 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". Expenses subject to reimbursement in accordance with the
above procedures are as follows:
6.1.1 If authorized in advance by the City Manager or the City's Project Coordinator,
expense of overtime work requiring higher than regular rates not caused by Consultant, or, not
included as part of Consultant's Basic Services, special consulting services, if any, or other services.
6.1.2 Expense of any additional insurance coverage or limits requested by the City in
excess of the insurance requirement set forth in Article 14.
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6.1.3 Expense of transportation in connection with the Project; living expenses in connection
with out-of-town travel; long distance communications; and fees paid for securing approvals of
authorities having jurisdiction over the Project. Consultant shall comply with the City's standards for
reimbursable travel expenses. Travel within Miami-Dade County shall not be reimbursable.
6.1.4 Expense of reproduction, postage and handling of drawings, specifications and other
documents, except for those expenses to be borne by the Consultant under the Basic Services, excluding
reproductions for the office use of the Consultant and the Consultant's consultants. Courier and postage
between the consultant and its sub-consultants are not reimbursable.
6.1.5 Aerial photography expenses and any other photographic production expenses.
6.1.6 Expense of data processing when such data processing equipment is available either
directly by the Consultant or through an outside service, shall not be reimbursable but should be
included in Basic Services.
ARTICLE 7. PAYMENTS TO THE CONSULTANT
7.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic Services
shall be made monthly based upon work completed and approved by the Project Coordinator, upon
presentation and receipt of Consultant's invoice or statement. When compensation is made on the basis
of a lump sum, then payments shall be made in proportion to the Services performed in each phase so
that the payments for Basic Services for each phase shall equal the following percentages of the total
compensation payable: Schematic Design Phase - 15%; Design Phase - 20%; Construction Documents
Phase - 40%; Bidding Phase - 5%; Construction Administration Phase - 20%.
7.2 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES Payment on account
of the Consultant's Additional Services, as defined in subsection 2.10, and for Reimbursable Expenses,
as defined in Article 6, shall be made within forty-five (45) days of presentation of the Consultant's
detailed statement or invoice of Services rendered or expenses incurred, which shall be rendered in
duplicate to the City Manager.
7.3 PROJECT SUSPENSION OR TERMINATION
7.3.1 Upon written notice to Consultant, the City shall have the right to suspend or terminate
the services called for in any particular portion of the Scope of Services. If the Project is suspended or
terminated in whole or in part for more than three (3) months, the Consultant shall be compensated for
all Services satisfactorily performed prior to receipt of written notice from the City of such suspension
or such abandonment, together with Reimbursable Expenses then due. If the Project is resumed after
being suspended for more than three (3) months, the Consultant's compensation shall
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be equitably adjusted, including any necessary start-up costs. Prior to any payment due to suspension,
the Consultant must provide the City with all documents, reports, drawings, computer reports and the
like reflecting the work completed to date.
7.3.2 No deduction shall be made from the Consultant's compensation on account of sums
withheld from payments to contractors.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of direct personnel expense shall be kept on the basis of
generally accepted accounting principles and shall be available to the City and the City's authorized
representatives at mutually convenient times and location for a period of three years after the final
payment for the Project.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 All plans or drawings will be prepared and submitted by Consultant to City for approval.
Working drawings will be prepared on Plate B tracing cloth or mylar drafting film or the equivalent,
with all lettering in ink or pencil or press-type, or by AutoCAD(latest version) and clearly legible when
the sheets are reproduced and reduced to half size.
9.2 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. The City will not use any unique designs of the Consultant
for other Projects.
9.3 Upon completion of the construction of the Project, Consultant shall, within sixty (60)
calendar days following final inspection, deliver to the City the original contract working drawings on
mylar (4 mil), correct to "as built" conditions, to the City's Project Coordinator, including all changes
made during the course ofthe Project, as described hereinabove.
ARTICLE 10. TERMINATION OF AGREEMENT
1 0.1 DEFAULT AND RIGHT TO TERMINATE The City is a govemmental 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.
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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
("bad faith" to be determined by the City's Project Coordinator at his/her sole discretion); or (2)
unreasonably delays the performance of the Services ("unreasonably" to be determined by the Project
Coordinator at his/her sole discretion), upon notice to the Consultant, in writing, seven (7) days prior to
termination.
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 for Cause, 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, as same shall be determined at the City's option and discretion;
and (2) for assembly of submittal of documents, as provided above.
10.2.5 In the event that the City cancels or terminates the Agreement, as provided in subsections
10.1 or 10.5, the Consultant shall be compensated for all services satisfactorily rendered by the
Consultant and its consultants, and Reimbursable Expenses, up to the time of said cancellation and
termination. The City shall have no further liability for compensation expenses or fees to the Consultant,
and the Consultant shall promptly terminate all work related to obligations under this Agreement to The
City.
10.3 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. Consultant shall be compensated for all services satisfactorily rendered up to the time of receipt
22
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.
10.4 TERMINATION BY CONSULTANT The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably
delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that
event, payment for Services satisfactorily performed prior to the date of termination shall be made in
accordance with subsection 10.5 herein.
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 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.
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. MISCELLANEOUS PROVISIONS
11.1 This Agreement shall be governed by the laws of the State of Florida.
11.2 Terms in this Agreement which have not been defined in Article 1.1 shall have the same
meaning as those in AlA Document A201, General Conditions of the Contract for Construction, current as
of the date of this Agreement.
11.3 As between the parties to this Agreement, as to all acts or failures to act by either party to this
Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall
23
be deemed to have accrued in any and all events not later than the relevant date of substantial completion
of the work and the issuance of the temporary certificate of occupancy, and as to any acts or failures to act
occurring after the relevant date of substantial completion, not later than the date of issuance of the final
Certification for Payment.
11.4 The City and the Consultant waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages covered by any property
insurance during construction as set forth in the current edition of AlA Document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement. The City and the
Consultant each shall require appropriate similar waivers from their contractors, consultants and agents.
11.5 The Consultant shall not subcontract, assign, or transfer any of the Services under this
Agreement without the prior written consent of the City.
ARTICLE 12. EXTENT OF AGREEMENT
12.1 This Agreement represents the entire agreement between the City and the Consultant
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both City and Consultant utilizing
the same formalities as were used for its adoption.
ARTICLE 13. BASIS OF COMPENSATION
13.1 COMPENSATION FOR SERVICES The Consultant shall be compensated for Basic
Services, Additional Services and Reimbursable Expenses on the basis set forth below:
13.1.1 Basic Services of the Consultant shall be compensated in accordance with percentage
of work completed, in accordance with Schedule A - and a multiple of 1.10 times the hourly rate
charged to the Consultant by its sub-consultants, as set forth in Schedule C - Sub-consultant Hourly
Compensation Rates for special services beyond the Scope of Work set out in Schedule A. The fee for
Basic Services may be a fixed fee, if both the City and the Consultant agree to such method and amount
of compensation.
13.1.2 Any services not included in this Agreement may only be carried out by the Consultant
following written authorization by the City (prior to commencement of same).
13.1.3 The hourly rate for compensation to the Consultant by the City for Additional Services,
as defined in subsection 2.10, shall be as set forth in Schedule B, and a multiple of 1.10 times the hourly
rate charged to the Consultant, as forth in Schedule C. The term "Additional Services" includes any
additional work required and approved by the City, including work involving all or any sub-consultants
whether previously retained for the work or not or whether participating as members with Consultant
24
or not, subject to the City's right to previously approve any change in the consultants as set forth in this
Agreement.
13.2 For Reimbursable Expenses, as defined in Article 6, the Consultant shall be paid, up to
the reimbursable expense limit set forth in the Service Order, the exact amount(s) expended by the
Consultant and its consultants in the interest of the Project, subject to the Consultant furnishing
adequate documentation of the expense and, if required, demonstrating to the satisfaction of the City
that the expense was in the interest ofthe Project.
13.3 Payments due the Consultant and unpaid under this Agreement will be considered
due thirty (30) days from receipt by the City of a detailed statement or invoice, unless the City
contests an item or items set forth in the invoice.
13.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
13.4.1 If the scope of the Project or the Consultant's services is changed substantially and
materially, the amount of compensation shall be equitably adjusted.
13.4.2 If the entire services covered by this Agreement have not been completed within
thirty-six (36) months of the date hereof, through no fault of the Consultant, the amounts of
compensation, rates and multiples set forth herein shall be adjusted upwards to compensate for
changes in the cost of living, by mutual agreement of the parties, on the unspent fee balance.
ARTlCI.E 14. INSURANCF.
14.1 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
coverages:
(a) Architects and Engineers Professional Liability Insurance in the amount of Five
Hundred Thousand ($500,000.00) Dollars per occurrence on a claims made form.
(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 coverages. The City must be named as an
additional insured on this policy.
25
~ Worker's compensation and employer's liability coverage within the statutory limits
of the State of Florida.
14.2 Thirty (30) days prior written notice, of cancellation or of substantial modifications
in the insurance coverages, must be given by the Consultant to the City Manager.
14.2.1 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.
ARTICLE 15. INDEMNIFICATION
15.1 In consideration of a separate and specific consideration of$1 0.00 and other good and
valuable consideration the receipt of which is hereby acknowledged, the Consultant hereby agrees
to indemnify, defend and hold the City and its employees, agents and authorized representatives
harmless with respect to any and all costs, claims, damages and liability which may arise out of the
performance of this Agreement as a result of any negligent acts, errors or omission of the Consultant,
or the Consultant's sub-consultants, or any other person or entity under the direction or control of
Consultant. The Consultant shall pay all claims and losses arising out of Consultant's negligent acts,
errors or omissions and shall defend all suits, in the name of the City, its employees, agents and
authorized representatives when applicable, including appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon.
ARTICLE 16. VENUE
16.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
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.
ARTICLE 17. LIMITATION OF LIABILITY
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 amount of fee
under the agreed upon Scope of Work. 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 set forth in the Scope of Work, less the amount of all
funds actually paid by the City to Consultant pursuant to the Scope of Work.
26
17.2 Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for damages in an amount
in excess of the amount offee under any outstanding Scope of Work, which amount shall be reduced
by the amount actually paid by the City to Consultant pursuant to the Scope of Work, for any action
or claim for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability
as set forth in Section 768.28, Florida Statutes.
ARTICLE 18. ADDITIONAL CONDITIONS
18.1 The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of the Agreement. Neither party shall assign,
sell, pledge or otherwise transfer this Agreement or any portion thereof, without written
authorization and consent of the other party to this Agreement. The parties agree that the
Consultant's services are unique in nature and that the Consultant may only receive such
authorization by way of a City Commission resolution.
18.2 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.
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ARTICLE 19. NOTICE
19.1 All written notices given to City by Consultant shall be addressed to:
with a copy to:
with a copy to:
And copies to:
City Manager
c/o Mayra Diaz-Buttacavoli,
Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Michel Magloire,
Capital Projects Coordinator
Construction Management Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Carla Dixon Vincent,
Construction Manager
Construction Management Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Written notices from the City to the Consultant shall be addressed to:
Rosenberg Design Group
c/o Bill Rosenberg
12901 SW 71st Street Avenue
Miami, Florida 33156
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed
in their names by their duly authorized officers and principals, attested by their respective witnesses and
City Clerk on the day and year first hereinabove written.
Attest
CITY OF MIAMI BEACH
~d ~~~.
CITY CLERK
7/#(
MA YOR
Witness
CONSULTANT
d()L~~''I
Signature
13J2 ~~
Signature ~
tJJ1A~rr BfC-INf<L.t=-'j
Print N
BiLl.- RJl{~R..~;) IDS""N\
Print Name and Title
CORPORATE SEAL
Signature
~tJ.I Ir ~ f2A.-:5t5KG
Print Name
APPROVED }oS TO
FORM 8. LANGUAGE
& FOR EXECUTION
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29
Schedule A
To Professional Services Agreement between the City of Miami Beach and
Rosenberg Design Group
Scope of Work
Project:
Belle Isle Park
Scope of Project:
Provide Architectural and Engineering services to include Master Planning, Programming, Design,
Construction Documentation, Construction Administration, and to develop the Technical Specifications
drawings necessary for permitting and construction for the renovation of Belle Isle Park to include the
following:
Scope Verification
Site Survey
Landscaping and Irrigation
Scheduling, Phasing and Planning.
Construction Monitoring and Administration
Basic Services to be provided will consist of the following:
Phase I
ProgramminglPlanning
Site evaluation
Scheduling of architects programming with City staff
Project/City meetings (not to exceed 8 meetings)
Code/Zoning analysis
Obtaining As-Built drawings and existing conditions
Preliminary landscape architectural design
Phase II
Structural engineering design (if applicable)
Landscape architectural design development
Mechanical, electrical and plumbing design
Preliminary Project Manual (Specifications Book)
30
Phase III
Final landscape architectural and engineering design and construction documents
Value engineering
Final Project Manual (Specifications Book)
Phase IV
Drawings shall be submitted to the Building Department and Consultant will obtain all
permits from the relevant authorities prior to bid and award of the contract.
Bidding assistance
Contractor selection assistance
Phase V
Construction administration/observation/monitoring. Preparation of As-Built Drawings (upon
completion of construction, update changes supplied by Contractor to Architect. Drawings to
be completed and submitted to the City on Mylar and on computer diskette in AutoCAD(latest
version) format within 60 days of final acceptance ofthe Project.
Asbestos survey, geotechnical testing and monitoring, and other tests, if required, will be billed as
reimbursable items.
31
Schedule B
Professional Services Agreement between the City of Miami Beach and
Rosenberg Design Group
Consultant Compensation
Fee Schedule:
Master Planninfo!/Proi:rammini::
$12,880
Basic Architectural and Eni:ineerinlil Services
as descrihed in Schedule A-
$36,120
Allowance for Reimbursable Expenditures:
$6,000
Additional Services above the scope of this contract will be undertaken for a fee based on 7.0% of
actual construction cost of the additional work.
Payment Schedule:
A.
Master Planning/Programming:
30% Submittal
60% Submittal
100% Submittal
30%
30%
~
100%
B. Basic Architectural and Engineering Services:
Work completed and submitted to the City:
Schematic Design
Design Development
Construction Documents (30% completion)
Construction Documents(60% completion)
Construction Documents(90% completion)
Bidding Phase (100% completion)
Subtotal:
15%
20%
10%
15%
15%
5%
80%
Construction Administration and Observation
20%
Billing:
32
Fees will be billed in accordance with the progress toward completion of the Project based on
the above table. Monthly billing during construction will be based on this schedule limited by the
percentage of completion by the General Contractor. Invoices submitted by the Architect to the City,
upon review and approval, will be due and payable 45 days after receipt by the City.
Additional Services requested by the City which are not included in the Scope of Services
outlined in Schedule A will be billed in accordance with the hourly rate schedule in Schedule C.
33
Schedule C
Professional Services Agreement between the City of Miami Beach and
Rosenberg Design Group
Hourly Compensation Rates
ROSENBERG DESIGN GROUP- Hourly Rates
Principal
Landscape Architects
Designer
Staff
$120
$75
$65
$45
SUB-CONSULTANT - Hourly Rates
KimIey - Horn and Associates, Inc.- Hourly rates
Principal $145
Project Manager $120
Senior Professional $130
Registered Professional $110
Professional $95
Analyst/Professional Intern $75
Technical Support $60
Clerical Support Administration $45
REG Architects, Inc.-Hourly Rates
Principal Architects & Engineers $145
Department Directors $125
Engineers $105
Project Managers $105
Interior Designers $85
Staff Architects & Engineers $75
CADD Architects $55
Staff Support $45
34
Schedule D
To Professional Services Agreement between the City of Miami Beach and
Rosenberg Design Group
Project Schedule
The estimated time for completion of the Project is as follows, based on cumulative days after issuance
of Notice to Proceed. (This estimate is for planning purposes only):
Phase:
Description:
Calendar days
after NTP: (October 2, 2000)
Phase I
Phase II
Phase III
Phase IV
Phase V
Planning and Programming (Public meetings controlled by CMB.) ~ Days
Schematic Design Phase (January 2, 2001)
Design Development Phase
25 Days
(January 26, 2001)
Construction Documentation (30% completion)
Construction Documentation (60% completion)
Construction Documentation (90% completion)
Construction Documentation and Bid Documents (100% complete)
N. Days
1Q. Days
3.J2..Days
.1.Q Days
(April 6, 2001)
Bidding and Contractor Selection
(Note: Time for this activity controlled by CMB Procurement
Department procedures)
!ill Days
(July 8, 2001)
Construction Phase
(Estimated)
l2Q Days
(December 6, 2001)
35
.-lI'