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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
GLAVOVIC STUDIO INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
LITTLE STAGE TH TER COMPLEX
Resolution # 2006-26387
DECEMBER 6 2006
LITTLE STAGE THEATER COMPLEX
TABLE OF CONTENTS
DESCRIPTION
December 6, 2006
ARTICLE 1 DEFINITIONS 2
1.1 City 2
1.2 City Commission 2
1.3 City Manager 2
1.4 Proposal Documents 2
1.5 Consultant 2
1.6 Project Coordinator 3
1.8 Basic Services 3
1.9 The Project 3
1.9.1 The Project Cost 3
1.9.2 The Project Scope 3
1.10 Construction Cost 3
1.10.1 Construction Cost Budget 4
1.10.2 Statement of Probable Construction Cost 4
1.11 Force Majeure 4
1.12 Contractor 4
1.13 Contract Documents 4
1.14 Contract for Construction 5
1.15 Construction Documents 5
1.16 Contract Amendment 5
1.17 Additional Services 5
1.18 Work 5
1.19 Services 5
1.20 4ase Bid 6
1.21 Schedules g
1.22 Scope of Services g
ARTICLE 2. BASIC SERVICES
2.1 Planning Services 7
2.2 Design Services 7
2.3 Bidding and Award Services g
2.4 Construction Phase Services g
2.5 Additional Services g
2.6 Responsibility for Claims and Liabilities g
2.7 Time 8
ARTICLE 3. THE CITY'S RESPONSIBILITIES 12
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 15
ARTICLE 5. ADDITIONAL SERVICES 16
ARTICLE 6. REIMBURSABLE EXPENSES 17
LITTLE STAGE THEATER COMPLEX
December 6, 2006
ARTICLE 7. COMPENSATION FOR SERVICES 18
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 19
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 20
ARTICLE 10. TERMINATION OF AGREEMENT 20
10.1 Termination for lack of Funds 20
10.2 Termination for Cause 20
10.3 Termination for Convenience 21
10.4 Termination by Consultant 21
10.5 Implementation of Termination 22
10.6 Non-Solicitation 22
ARTICLE 11. INSURANCE 22
ARTICLE 12. INDEMNIFICATION 23
ARTICLE 13. VENUE 24
ARTICLE 14. LIMITATION OF LIABILITY 24
ARTICLE 15. MISCELLANEOUS PROVISIONS 25
ARTICLE 16. NOTICE 26
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULE B CONSULTANT COMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULED PROJECT SCHEDULE
SCHEDULE E PRE-CONSTRUCTION SERVICES AGREEMENT
SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS
SCHEDULE H BEST VALUE AMENDMENT
LITTLE STAGE THEATER COMPLEX
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
GLAVOVIC STUDIO, INC.
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
LITTLE STAGE THEATER COMPLEX
December 6, 2006
This Agreement made and entered into this .~ day of u L , 2007, 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
GLAVOVIC STUDIO, INC., a Florida corporation having its principal office at 215 SW 14th Way, Fort
Lauderdale, Florida 33312 (hereinafter referred to as Consultant).
WITNESSETH:
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 a Construction Manager at Risk (CMR) 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 (the
Contract for Construction may also be referred to herein as the GMP Amendment).
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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" 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: "Proposal Documents" shall mean the REQUEST FOR
QUALIFICATIONS NO. RFQ No. 26-04/05 FOR ARCHITECTURAL, ENGINEERING, URBAN
DESIGN, AND LANDSCAPE ARCHITECTURE SERVICES FOR THE PLANNING, DESIGN, BID AND
AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE HISTORIC
PRESERVATION, RESTORATION AND/OR REHABILITATION OF THE LITTLE STAGE THEATER,
CARL FISHER CLUBHOUSE, DEMOLITION OF THE 21ST STREET BANDSHELL PROJECT, AND
SITE IMPROVEMENTS ADJACENT TO AND/OR PART OF THE SITE (LITTLE STAGE THEATER
COMPLEX) issued by the City in contemplation of this Agreement, together with all amendments
thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by
reference in this Agreement and made a part hereof; provided, however, that in the event of an
express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail.
1.5 CONSULTANT: The "Consultant" is herein defined as Glavovic Studio, Inc., a Florida
corporation having its principal offices at 215 SW 14th Way, Fort Lauderdale, Florida 33312. 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:
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LITTLE STAGE THEATER COMPLEX
Survey Consultant:
Structural / MEP /Civil /Fire Engineer:
Landscape Architect:
Consultech Surveying and Mapping Inc.
DeRose Design Consultants, Inc.
IBI Group Inc.
December 6, 2006
Historical Preservation: Grafton HP Architect Specialization
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the
City Manager who shall be the City's authorized representative to coordinate, direct, and review on
behalf of the City, all matters related to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER: (This section is intentionally deleted from the Project)
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,
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
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December 6, 2006
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 for any and all of such Work.
1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an
amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A"
attached hereto.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable
Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in
attached Schedule "A", entitled "Scope of Services", for the guidance of the City. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest Statement of
Probable Construction Cost. The City shall have the right to verify the Statement of Probable
Construction Cost or detailed cost estimate by the Consultant.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such as
hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by
changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this
Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or
by any other such causes which the Consultant and the City decide in writing justify the delay; provided,
however, that market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or
entities responsible for performing the Work or providing the materials, supplies and equipment
identified in the Bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the Pre-
Construction Services Agreement between the City and Contractor; the Contractor may also be
referenced herein, or in the contract documents as "the Construction Manager at Risk (CMR)", 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
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December 6, 2006
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 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
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December 6, 2006
recommended by the Consultant and approved by the City as being within the Construction Cost
Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid"
shall not include "Additive Alternates" or "Deductive Alternates".
1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this 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 CMR (Draft).
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.
1.23Construction Manager at Risk (CMR): "Construction Manager" or "CMR" is herein defined
as .The City shall contract with a CMR pursuant to that certain Pre-Construction
Services Agreement, Agreement 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 reouired for commencement of each Task as defined in attached Schedule
"A", entitled "Scope of Services".
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December 6, 2006
The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, 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 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 Planning and Design Documents contemplated in Section 2.1 and Section 2.2 below and
the attached Schedule "A".
2.1 PLANNING SERVICES:
Consultant shall prepare Planning services, as noted in attached Schedule "A", (Task 1) entitled
"Scope of Services".
2.2 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2.1, Consultant shall prepare
Design Documents, as noted in attached Schedule "A", (Task 2) entitled "Scope of Services".
2.3 BIDDING AND AWARD SERVICES:
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December 6, 2006
Consultant shall provide bidding and award services as noted in attached Schedule "A" (Task 3)
entitled "Scope of Services".
2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted in attached Schedule "A",
(Task 4) entitled "Scope of Services".
2.5 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as noted in
attached Schedule "A", (Task 5) entitled "Scope of Services".
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor
be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors,
agents and consultants for the accuracy and competency of their designs, working drawings,
specifications or other documents and services; nor shall such approval be deemed to be an
assumption of such responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or other documents prepared by the Consultant, its employees,
subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely
upon the accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.7 TIME: It is understood that time is of the essence in the completion of this Project, and in this
respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of
professional skill and care required by this Agreement and the orderly progress of the Work.
2.7.2 The parties agree that the Consultant's Services during all phases of this Project will be
performed in a manner that shall conform with the approved Project Schedule, which is attached to
this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the
Project Schedule, made 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.
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December 6, 2006
2.7.3 In providing the Services described in this Agreement, the Consultant shall use its best
efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship
with the CMR 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 Project Coordinator, it is the intent
of this Agreement to allow the Consultant to coordinate the performance of all design and construction
administration to the extent such coordination by the Consultant is permitted by the contracts for the
design and construction administration.
2.7.4 It is further the intent 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.
2.7.5 Whenever during the term of this Agreement, others are required to verify, review, or
consider any work performed by Consultant, including but not limited to the Design Professionals,
Contractors, and other Consultants retained by the City, the intent of such requirement is to enable the
Consultant to receive input from others' professional expertise to identify any discrepancies, errors or
omissions that are inconsistent with industry standards for design or construction of comparable public
projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which
are inconsistent with standards or decisions provided in writing by the City's 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.
2.7.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit
for review to Consulting Engineers or Consulting Architects or other Consultants, engaged by the City
at its own expense for that purpose, any or all parts of the services performed by the Consultant, and
the Consultant shall cooperate fully in such review at the City's request.
2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by
Consultant. Said certifications shall be in a form and manner as approved by the City's Project
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Coordinator.
December 6, 2006
2.7.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant
generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's
best judgment as a design professional familiar with the construction industry. Consultant cannot and
does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost
or evaluation prepared or agreed to by Consultant.
2.7.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of authorization, or
other form of legal entitlement to practice such services, it shall employ and/or retain only qualified
personnel to provide such services.
2.7.10 Consultant agrees to employ and designate in writing, within five (5) 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.
2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do
such from City, to promptly remove and replace Project Manager, or any other personnel employed or
retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request
may be made by City with or without stating its cause.
2.7.12 Consultant herein represents to City that it has expertise in the type of professional
services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to
be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with applicable published laws, statutes, ordinances, codes, rules,
regulations and requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional judgment to advise City
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LITTLE STAGE THEATER COMPLEX
regarding resolution of each such conflict.
December 6, 2006
2.7.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or
organization, without City's prior written consent, or unless 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.
2.7.14 The City and Consultant acknowledge that the Scope of Services does not delineate every
detail and minor work task required to be performed by Consultant to complete the Project. If, during
the course of the performance of the Services contemplated in this Agreement, Consultant determines
that work should be performed to complete the Project which is, in the Consultant's opinion, outside
the level of effort originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project
Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply
with Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance of any
written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with
Additional Services without notifying and obtaining the consent of the Project Coordinator, said work
shall be deemed to be within the original level of effort, and deemed included as a Basic Service
herein, whether or not specifically addressed in the Scope of Services. Notice to the Project
Coordinator does not constitute authorization or approval by the City to perform the work.
Performance of work by Consultant outside the originally anticipated level of effort without the prior
written consent of the City shall be at Consultant's sole risk.
2.7.15 Consultant shall establish and maintain files of documents, letters, reports, plans, etc.
pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence
for City to file in its filing system. In addition, Consultant shall provide electronic Project document files
to the City, at the completion of the Project.
2.7.16 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.
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December 6, 2006
2.7.17 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having jurisdiction over the
Project, or such delays which are caused by factors outside the control of Consultant, Consultant shall
provide City with immediate written notice stating the reason for such delay and a revised anticipated
schedule of completion. City, upon review of Consultant's submittal and such other documentation as
the City may require, may grant a reasonable extension of time for completion of the Project and may
provide reasonable compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder properly, in
accordance with the standards of its profession and in conformance with applicable construction,
building and health codes and other applicable Federal, State and local rules, regulations and laws, of
which it should reasonably be aware, throughout the term of this Agreement. The City's participation in
the design and construction of the Project in no way relieves the Consultant of its professional duties
and responsibilities under applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with
respect to the services to be rendered under this Agreement (herein after referred to as Project
Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information,
interpret and define City policies and decisions 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
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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
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
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts
made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the
majority of the stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of
an appropriate enabling resolution and, if an amendment, by the execution of an appropriate
amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision of the City
Manager's appointed designee(s), upon the Consultant's written request, in which case the
Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum
of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of
Miami Beach Procurement Ordinance, as amended).
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
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LITTLE STAGE THEATER COMPLEX
of Services".
December 6, 2006
3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty
five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami
Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets
established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or
consult with persons for the purpose of receiving advice and recommendations relating to the
exercise of his powers, duties and responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be
exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force
Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission approval by passage of an enabling resolution and amendments to
the appropriate agreements relative to the Project, prior to any modification of the Construction Cost.
Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the
City shall have no obligation to approve an increase in the Construction Cost Budget limitations
established herein, and, if such budget is exceeded, the City Commission may, at its sole option and
discretion, terminate this Agreement without any further liability to the City.
4.2 The City shall contract with Construction Manager at Risk (CMR) 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 CMR.
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 CMR, 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,
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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
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,
. 16
LITTLE STAGE THEATER COMPLEX
December 6, 2006
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".
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.
6.2.4 The cost of testing or investigation of underground utilities, if authorized by the City Project
Coordinator.
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LITTLE STAGE THEATER COMPLEX
ARTICLE 7. COMPENSATION FOR SERVICES
December 6, 2006
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 $420,000, and a reimbursable
expense allowance of $52,000 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
noted in Schedule "B" (approved at $52,000). 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
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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 calr_ulatPri by
multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate
Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three
percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld
from payments to Contractors.
7:6 Method of Billing and Pavment. 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's 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.
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
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
based upon such entries. All books and records which are considered public records shall be kept by
Consultant in accordance with, Chapter 119, of the Florida 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
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 incun'ed 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
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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 pertormed 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.
10.4 Termination By Consultant The Consultant may only terminate this Agreement for cause in the
event that the City willfully violates any provisions of this Agreement or unreasonably delays payment
for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event,
payment for Services satisfactorily performed by the Consultant and accepted by the City prior to
receipt of a Notice of Termination shall be made in accordance with Article 7, herein. In the case of
termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt
of written notice from the Consultant.
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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:
(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 one million ($1,000,000.00) dollars
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
per 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+:Vt 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.
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
23
LITTLE STAGE THEATER COMPLEX
December 6, 2006
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 there under.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of the
fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually
paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement in an amount in excess of the amount of fee under any this Agreement,
which amount shall be reduced by the amount actually paid by the City to Consultant for any action or
claim for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set
forth in Section 768.28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
15.2 EQUaI Opportunity Emgloyment 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 Contingent Fee: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or
firm other than a bona fide employee working solely for Consultant any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, City shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable investigation of all sub-
consultants to be utilized in the performance of work under this Agreement to determine that they
possess the skill, knowledge and experience necessary to enable them to perform the services
required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for
the performance of the work under this Agreement.
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LITTLE STAGE THEATER COMPLEX
December 6, 2006
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:
26
LITTLE STAGE THEATER COMPLEX
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:
Margi Nothard, President
Glavovic Studio, Inc.
215 SW 14th Way.
Fort Lauderdale, Florida, 33312
December 6, 2006
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certit:ted mail,
return receipt requested.
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LITTLE STAGE THEATER COMPLEX
December 6, 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
W~
CITY CLERK Robert Parcher P Matti Herrera Bower per
Attest
Sign ure/Secretary
A,f. ~/a7~/~Zr~
Print Name
Vice-Mayor
CONSULTANT
Glavovic Studio, Inc.
Signat /President
Margi Nothard
Print Name
APPROVED AS TO
FORM & LANGUAGE
~ FOR E,~CECUTION
ce
28
LITTLE STAGE THEATER COMPLEX
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO INC.
SCOPE OF SERVICES
Please refer to attached Schedule.
December 6, 2006
29
SCHEDULE A
LITTLE STAGE THEATER COMPLEX
SCOPE OF A/E CONSULTANT SERVICES
CONSULTANT: Glavovic Studio, Inc.
BACKGROUND
On June 8, 2005, Resolution No. 2005-25928 was approved, authorizing the issuance of
Request for Qualification (RFQ) No. 26-04/05 for architectural, engineering, urban design, and
landscape architecture services for the planning, design, bid and award, and construction
administration services for the historic preservation, restoration and/or rehabilitation of the Little
Stage Theater and Carl Fisher Clubhouse, demolition of the 21St Street Bandshell, and site
improvements adjacent to and/or part of the site (Little Stage Theater Complex Project). On
June 28, 2005, RFQ No. 26-04/05 was issued, resulting in the City's receipt of five (5)
qualification packages on August 12, 2005. On October 19, 2005, the Mayor and City
Commission authorized the Administration to enter into contract negotiations with Glavovic
Studio, Inc. for the Little Stage Theater Complex Project (Project) and on December 6. 2006.
the Mayor and City Commission authorized the Mayor and City Clerk to execute a professional
services agreement with the firm of Glavovic Studio, Inc; in the not to exceed amount of
472 000 for architectural, engineering, urban design, and landscape architecture services for
the planning, design, bid and award, and construction administration services for the Project.
Furthermore, on December 6, 2006, the Mayor and City Commission authorized the
Administration to issue a request for qualifications (RFQ) for a Construction Manager at Risk
firm (CMR) to provide pre-construction services for the Project, leading up to the execution of a
Guaranteed Maximum Price (GMP) Contract for Construction.
SCOPE OF SERVICES
The Consultant shall provide the architectural, engineering, planning, landscape architecture,
and surveying, as necessary, for the Project. The 21St Street Recreation Center is located
within the boundaries of the site. The consultant shall study the site and develop preliminary
plans for facilities that are appropriate in relationship to the adjacent community and program
requirements. The work shall include, but not be limited to, conceptual drawing(s), planning,
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survey, design development, estimate of probable cost(s), construction documentation,
permitting, bidding /award, and construction administration services for the Project. The
Consultant will be required to work with the CMR as a team in order to evaluate the best
approach to the design and construction of the Project with regards to time, cost, and quality
given the parameters established by the City. The Pre-Construction Service 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.
Proiect Descriation:
The Project includes, but is not limited to, the following: Upgrades and historic renovation
and/or historic restoration of the Acorn Theater, Collins Clubhouse, Outdoor Dance Plaza
(Mandela), Chess Park, as applicable; site improvements including. improvements to the East-
West Walkway /Corridor (the corridor along the southern edge of the Dade Boulevard Canal);
demolition of the Bandshell; reconfiguration of the walkways and areas adjacent to the Mandela;
and restoration of the site to accommodate vehicular drop-off area, limited "on" or "off' site
parking, and pedestrian circulation, The Project is located on a 2.46 acre tract of land described
as "A portion of Park East of Bayshore Golf Course and park South of canal and East of
Washington Avenue; less parcel to PBI per Ordinance 976-566, and less Greater Miami Hebrew
Academy per Ordinance 2241-185" (within the 21St Street Recreation Center). The Consultant
shall prepare and present the proposed plans at community meetings and coordinate the
renovation with the various users and interest groups.
The Project site has been designated a Historic Site pursuant to Ordinance 90-2698. The
restoration and rehabilitation of the facilities should be sensitive to their historic background,
location, and context. The Consultant's design concept should relate to the early uses and
subsequent development of the Washington Avenue Corridor (City Center Redevelopment Area
Right of Way Improvements Project). The historic location of the entrance, vehicular and
pedestrian circulation should be incorporated into the restoration and rehabilitation of the site.
Within the boundaries of the Project site is the 21St Street Recreation Center (not included within
the Project's scope of work) which houses the City's Parks and Recreation Department
Administrative Offices and Recreation Facility.
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The historic restoration and renovation services required for the facilities included within the
Project scope include the evaluation /survey of their existing conditions, restoration of their
interior and exterior to their original appearances, as applicable, adaptive reuse of the interior
spaces of the structures to meet program requirements, and coordination of the proposed work
with the applicable governmental authorities. The intended uses for the facilities include a
theater, support spaces, reception area, and other uses that may be identified during the
planning phase.
If the results of the Planning and Schematic Design phases of this Project results in a decision
to perform intrusive or non intrusive structural analysis, the Consultant shall, with prior approval
of the City, obtain the services of a qualified structural engineer and testing laboratory to
perform this work as an additional service, if said work is not included within the Basic Services
of this Agreement.
The proposed Miami Beach Skate Plaza Feasibility Study was a separate project undertaken by
the City. It included the evaluation of the corridor along the southern edge of the Dade
Boulevard Canal as a possible location for a Skate Plaza. This investigative work gave
particular attention to the uses and potential programming of the Acorn Theater and Clubhouse
facilities and gave consideration to potential visual and noise ban'iers. As part of the site
improvements included within the Project, the Consultant is to design a portion of the site along
the southern edge of the Dade Boulevard Canal as a skate plaza. The Consultant shall
prepare and present the proposed plans at community meetings.
The vehicular and pedestrian access locations for the various Project activities within the site
shall be defined during the Planning and Schematic Design Phases. The exploration of the
reopening of the original driveway on Washington Avenue shall be evaluated and coordinated,
as necessary, with the City Center Project currently being designed by Chen and Associates,
Inc.
Basic Services consist of the following:
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TASK 1 -PLANNING SERVICES
The purpose of this Task is to develop a concept plan that meets the City's functional
requirements, incorporates community input, and stays within established schedule and cost
parameters.
The Planning Phase of the Project will include the following major tasks: (1) Project Kick-Off
Meeting; (2) Project Site Reconnaissance Visit; (3) Programming Session; (4) Review Meeting
prior to Community Design Workshop; (5) Community Design Workshop to present the
CONSULTANT'S plan, and provide residents the opportunity to participate in the planning
process; (6) preparation of a draft Basis of Design Report (BODR); (7) review of BODR with City
Departments; (8) preparation and presentation of a final BODR for approval by the Mayor and
City Commission.
It is anticipated that one Community Design Workshop (CDW) shall be held to present the
preferred plan and to gain the consensus of the community. Based on the results of this CDW,
a draft Basis of Design Report (BODR) shall be developed as noted in Task 1.6. Subsequent
interdepartmental and Historic Preservation Board design reviews /presentations and approvals
shall be as noted in Task 1.7. A final BODR shall then be prepared summarizing the accepted
design concept, budget level cost estimate and implementation schedule as noted in Task 1.8.
In addition, please note that to facilitate the implementation of the CITY's Public Information
Program, the CONSULTANT shall provide electronic files of all project documents upon request
by the CITY.
Task 1.1 - Proiect Kick-Off Meeting• The CONSULTANT shall meet with the CITY to review
existing planning documents and receive copies of available reference documents. CITY shall
provide general information regarding procedures and direction. The CONSULTANT shall
prepare draft meeting minutes and forward them to CITY for review and comments. The
CONSULTANT shall finalize and distribute, accordingly. The CONSULTANT shall schedule a
reconnaissance visit of the Project site, to be attended by critical CONSULTANT personnel, as
well as key CITY staff.
Deliverables: -Attend Project kick-off meeting.
- Prepare and distribute Meeting Minutes
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Schedule: -See Exhibit D -Project Schedule
Task 1.2 - Proiect Site Reconnaissance Visit: The CONSULTANT shall attend a Site
Reconnaissance Visit. This site visit shall also be attended by applicable CITY staff. The intent
of this task is to facilitate the CONSULTANT'S understanding of the project needs. The
CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review
and comments. The CONSULTANT shall finalize and distribute, accordingly.
Based on the results of the site visit and materials presented at the Kickoff Meeting, the
CONSULTANT shall develop a preliminary project concept that is responsive to the project
program, budget, and schedule. Initial testing parameters and investigative work
recommendations, including any proposed treatments, shall also be identified. The
CONSULTANT shall assemble graphic images identifying alternative Project design concepts, if
applicable, to allow the CITY a full understanding of proposed improvement alternatives. All
such alternative design concepts shall also take into account other Project requirements as
defined within this Schedule A. The CONSULTANT shall prepare preliminary "budget" level
cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for
each work component /alternative design, indicating opinions of probable cost. Estimates shall
present costs by category types (i.e. site-work, concrete, masonry, specialties, electrical,
mechanical, plumbing, lighting, landscaping, etc.; CSI format) and shall be prepared in a
Microsoft Excel Spreadsheet format.
Deliverables: -Attend Site Reconnaissance Project Site Visit
- Prepare and distribute meeting minutes
- Develop Project concept as noted above
- Develop "budget" level cost estimates
Schedule: -See Exhibit D -Project Schedule
Task 1.3 - Attend "Programming" Session: The CONSULTANT shall attend a
"Programming" session to be scheduled with representatives of the CITY and the
CONSULTANT. The purpose of the "Programming" session shall be to clarify project goals to
the user group(s) and to prepare for the Community Design Workshop. Issues to be discussed
shall include the proposed project elements (i.e. theater and clubhouse renovation, lighting and
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sound treatments, ADA upgrades, vehicular access /parking, site lighting, landscaping and
irrigation, budget, schedule etc. At this meeting, the CONSULTANT shall present its Project
concepts and document input from the various CITY attendees. In this effort, the
CONSULTANT shall make revisions to its proposed concept plan, as necessary, to develop a
Recommended Approach. This is the approach that will be presented at the Community Design
Workshop. The CONSULTANT shall prepare draft meeting minutes and forward them to the
CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly.
Deliverables: -Attend "Programming" session with representatives from the
CITY.
Revise proposed concept and develop final materials for a
Recommended Approach as approved by the CITY
Schedule -See Exhibit D -Project Schedule
Task 1.4 -Review Meeting Prior to Community Design Workshop• The CONSULTANT
shall meet with applicable CITY staff to ensure that any and all concerns regarding Project
scope, schedule and cost parameters are addressed prior to scheduling the Community Design
Workshop (CDW) .The CONSULTANT and its key Sub-Consultants shall attend all meetings.
CONSULTANT shall prepare and distribute meeting minutes, accordingly.
Deliverables: -Meet with representatives of the CITY during work performed for
Task 1.1 through 1.3.
Schedule: -Through completion of Task 1.1 through 1.3.
Task 1.5 -Community Design Workshop• The intent of the Community Design Workshop
(CDW) is to provide the CONSULTANT the opportunity to present the proposed improvements
to the community for the purpose of achieving general consensus with residents. Design
workshops provide an opportunity for City residents to participate in the planning process for
projects in their respective neighborhoods. One (1) community workshop shall be conducted.
The CITY will schedule, find location for, and notify residents of such meeting. The
CONSULTANT shall prepare all materials for presentation at the workshop. At a minimum,
these shall include presentation materials, "full size" specialty graphics, which depicts the
proposed improvements, a summary of cost estimates, workshop agendas, resident comment
cards and requisite copies of each. It is anticipated that the CONSULTANT will utilize a
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"PowerPoint" type format for its presentation, with support from standalone graphics and
handout materials. In addition, the CONSULTANT shall prepare draft meeting minutes and
forward them to the CITY for review and comment. The CONSULTANT shall finalize and
distribute the final minutes accordingly. The workshop is intended to address specific design
issues as discussed in the following:
Task 1.5.1 Community Design Workshop -The workshop is intended to provide
community residents with a review of the proposed Project scope, budget, and schedule.
The CONSULTANT shall prepare full size presentation graphics illustrating existing
conditions (Site Analysis Maps) and proposed project components developed under
Tasks 1.2 and 1.3. In addition, graphics shall be prepared presenting a summary of
probable costs for the various improvements and the workshop agenda. "Budget" level
cost estimates shall be +30%, -15% as defined by the American Association of Cost
Engineers. Based on this data, the CONSULTANT shall present the plan for proposed
improvements and design alternatives, if applicable, to attendees. Applicable CITY staff
shall also attend the meeting, and assist the CONSULTANT with responses to resident
questions as they pertain to CITY related issues. The CONSULTANT shall note
reasonable design / concept revision requests from residents for review and
incorporation into the proposed plan. Due to the fixed nature of funding on the Project,
budget limits must be adhered to. Hence, the CONSULTANT shall be prepared to
discuss budgets and the various impacts of resident requested revisions on such,
accordingly. The CONSULTANT shall prepare draft meeting minutes and forward them
to the CITY for review and comment. The CONSULTANT shall then finalize and
distribute the final minutes, accordingly.
Deliverables: - Prepare materials, attend and conduct Community
Design Workshop
Schedule: -See Exhibit D -Project Schedule
Task 1.6 -Basis of Design Resort (DRAFT)• The CONSULTANT shall prepare a draft Basis
of Design Report (BODR) presenting the results of the Community Design Workshop and final
consensus /funded design plan. The BODR shall include a summary of findings, site plan, and
exhibit(s) illustrating all proposed improvements under the current phase of the project, inclusive
of the theater, clubhouse, bandshell, vehicular access /parking, lighting, landscaping and other
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recreational site improvements. The BODR shall also include by reference the Miami Beach
Skate Plaza Feasibility study previously completed as a separate project. The information
contained therein is to be utilized, along with any existing planning documents, to implement, as
deemed appropriate, a skate plaza/recreation corridor. In addition, the BODR shall include
sufficient detail in plans, sections, notes, and key descriptions to facilitate review by the various
CITY permitting and planning divisions discussed in Task 1.7.
As a minimum, the draft BODR shall include discussions and graphics illustrating:
• Executive Summary summarizing the contents of the BODR.
• A section reviewing the existing conditions to be improved.
• A section reviewing the planning and programming process and development of
the final recommended funded improvement plan. This section shall included
detailed presentations of all proposed improvements.
• A project implementation plan, inclusive of demolition, utilities, buildings,
landscaping, lighting, vehicular access /parking, and general site improvements
(inclusive of recommended preliminary testing and analysis to be completed as an
additional service) with a discussion of expected impacts to the facility operations.
• Proposed skate plaza/recreation spaces on site.
• A preliminary concept plan and design alternatives, if applicable.
• A section discussing general concepts which are unfunded items, but were
byproducts from the planning process.
• A "budget" level cost estimate prepared in conformance with format provided by
CITY. Estimates shall be provided for both current (funded) and unfunded
improvements. Based upon the CONSULTANT's cost estimate, if the current
(funded) improvements should exceed the Project budget, the CITY shall advise
the CONSULTANT if the Project scope is to be reduced, phased and/or bid as
alternate bid items to meet budgetary constraints. The CONSULTANT shall revise
the draft BODR to reflect such issues accordingly at no additional cost to the
CITY.
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• A schedule for implementing the Project by phases (i.e. design, bid/award,
construction, as applicable) including critical issues and the time period allowed
for resolving each issue. The schedule shall be prepared in °Primavera Project
Planner, latest version, SureTrak, or other similar format acceptable by CITY.
• Discussion regarding permitting authorities having jurisdiction over Project and
provide a list of permits typically retained by the Owner and / or Contractor.
Unique and / or special permitting requirements shall be identified as well as
permitting fees.
Five (5) copies of the draft BODR shall be provided to the CITY for initial review and comments
and shall contain the following sections, as a minimum: Executive Summary, Purpose and
Scope, Existing Conditions, Funded Improvements and Unfunded Plan, Permitting and
Implementation and Cost Estimates.
Deliverables: -Prepare 35 copies of the draft BODR.
Schedule: -See Exhibit D -Project Schedule
Task 1.7 -Review of Draft BODR with the CITY Departments• The CONSULTANT shall
meet to receive, present and review the draft BODR with the following CITY Departments /
review entities:
• City of Miami Beach Parks and Recreation Department
• City of Miami Beach Police Department
• City of Miami Beach Planning Department
• City of Miami Beach Public Works Department
• City of Miami Beach Fire Department
• City of Miami Beach Parking Department
• City of Miami Beach Tourism and Cultural Development Department
• City of Miami Beach Historic Preservation Board
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The CITY will forward copies of the draft BODR to the above noted CITY Departments.
Comments shall be solicited and forwarded to the CONSULTANT for review /comment /
response / incorporation into the draft BODR document. It is anticipated that the
CONSULTANT shall attend a total of up to two meetings with the various CITY Department
representatives to review the various CITY Department comments. The applicable CITY staff
will attend the noted review meeting(s) and assist the CONSULTANT, as practicable, However,
the CONSULTANT retains final responsibility for procuring all necessary approvals, and for
implementing required revisions and resubmissions as necessary. The CONSULTANT and its
key Sub-Consultants shall attend all meetings as deemed necessary. It is recognized by the
CITY that the time period for obtaining approvals from the various review agencies is beyond
the control of the CONSULTANT, except for issues concerning the acceptability of the proposed
design concepts and the CONSULTANT's ability to respond to review agency comments.
Hence, the CONSULTANT shall address and respond to comments received from the various
reviews in writing, and implement requested revisions into, the draft BODR, as agreed with the
CITY, within fifteen (15) calendar days of receipt of comments, unless agreed to otherwise with
the CITY.
Upon incorporating the comments received from the various CITY Departments; .the
CONSULTANT shall revise its draft BODR and then present the final BODR (with requisite
graphics and PowerPoint presentation materials) to the Historic Preservation Board. This
presentation is intended for informational purposes only, and is not to be confused with the
CONSULTANTs responsibilities regarding full /formal Historic Preservation Board presentation
requirements discussed under the Design Phase Task.
Deliverables: -Attend BODR review meetings.
-Address comments and revise BODR accordingly.
- Present BODR to HPB
Schedule: -See Exhibit D -Project Schedule
Task 1.8 -Final Master Plan /Basis of Design Report (BODR): The CONSULTANT shall
prepare a final BODR based on comments and revisions implemented during the reviews with
the various the CITY Departments /review entities as noted in Task 1.7. This final BODR serves
as the basis for development of detailed design documents as discussed in Task 2. It shall also
be used as the basis for the CONSULTANT's presentation of the Final BODR to the City
Commission for approval. If the City Commission directs revision to the Final BODR ,the
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CONSULTANT shall prepare an Addendum, in the CITY provided format, for distribution to all
Final BODR holders.
Deliverables: -Prepare 35 copies of a final BODR and Addendum, as
necessary.
-Present the final BODR to the City Commission for
approval
Schedule: -See Exhibit D -Project Schedule
Task 1.9 -Additional Review Meetings:
In addition, to all required efforts noted above, the CONSULTANT shall note that the CITY may,
at its discretion, substitute one of the meetings described in Task 1, for a meeting with a Board,
Committee or Agency, as deemed necessary, in subsequent Tasks.
TASK 2 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of Contract Documents
for the Project. Note that Task 2.1, requires that the CONSULTANT perform a variety of forensic
tasks to verify, to the extent practicable, existing conditions and the accuracy of any available
as-built drawings and base maps to be used for development of the contract drawings. Task
2.2, discusses requirements for the preparation of Contract Documents, inclusive of drawings,
specifications and front-end documents. Task 2.3, establishes requirements with regard to
constructability and value engineering reviews to be performed by others. Task 2.4, establishes
requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task
2.5, specifies requirements for review of Contract Documents with jurisdictional permitting
agencies prior to finalization. Task 2.6, establishes requirements for developing final (100%)
Contract Documents. To facilitate the implementation of a Public Information Program, the
CONSULTANT shall provide electronic files of all Project documents, as requested by the CITY
The CONSULTANT shall provide the electronic files for the front-end documents, technical
specifications, and construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
Task 2.1 -Verification of Existing Conditions: The CONSULTANT shall obtain all available
As-Built drawings, perform structural evaluation of the structures, perform a detailed topographic
survey of the existing Project site. The survey shall be performed by a Professional Land
Surveyor in the State of Florida, and shall meet the minimum technical standards identified in
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Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 2000, or latest
version, with a layering system as directed by the CITY. As a minimum, the survey shall
address the following:
^ Baseline of survey shall be tied into the right-of-way and sectionalized land
monuments. Right-of-way information shall be obtained from available records by
the CONSULTANT.
^ The CONSULTANT shall set benchmarks at convenient locations along the site to
be used during both the design and construction phases of the project.
^ An Elevation Certificate of the existing buildings.
^ The CONSULTANT shall locate and identify existing surface improvements /
topographic features that are visible within the Project site, including but not limited
to, the following:
^ Marking of all property corners, location and details of the existing buildings
including overall dimensions and finished floor elevations.
^ Existing valve boxes, water /electrical meter boxes, electrical pull boxes, telephone
/ cable risers, fences, hydrants, etc.
^ Aboveground and underground utilities invert elevations of accessible underground
utilities, wood / concrete utility poles, culverts, ,guardrails, pavement limits,
headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees,
landscaping, traffic signage and any other noted improvements. Survey shall
identify fence material /height, and driveway construction materials. Landscaping
materials with a trunk diameter greater than 6 -inches in diameter shall be
identified individually. Materials with smaller diameters shall be illustrated in
groupings.
^ Survey limits shall include the entire Project site and an additional overlap to
encompass all adjoining areas potentially impacted by the Project.
^ Survey Topographic survey /base map shall be prepared in AutoCAD Version 2000
or latest, and submitted on recordable Compact Disk with three (3) signed and
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sealed copy on 24-inch by 36-inch bond paper. Note that all standards from the
DSM shall apply to the development of the survey document. In addition, -the
CONSULTANT shall submit 3 copies of a preliminary Draft Survey for CITY review
and comment. The CONSULTANT shall prepare a final survey submittal package
based on addressing any /all comments submitted through this review process, to
the satisfaction of the CITY. All CAD mapping shall be performed to a scale of 1:1 in
the World Coordinate System. Text size shall be 100 Leroy for a final product at
1=20 units.
Upon completion and acceptance of the final survey, the CONSULTANT shall forward
same to the following agencies with a request to mark /identify respective utilities on the
survey base map. The CONSULTANT shall coordinate this effort with each agency in
an effort to identify the location of all existing underground utilities. The CONSULTANT
shall incorporate utility owner markups /edits into its survey base map file. The
CONSULTANT shall contact the following entities and request that they each verify
locations of their existing improvements in the affected areas:
• Florida Power and Light Company
• BellSouth
• Miami-Dade Water and Sewer Authority
• Charter Communications (Atlantic Broadband)
• Natural Gas provider
• City of Miami Beach Public Works Department
• Others as deemed necessary by the CONSULTANT
The CONSULTANT shall also request information regarding any future proposed improvements
by each agency. To facilitate tracking of the progress made in this work effort, the
CONSULTANT shall copy the CITY on all correspondence with each agency. In addition, the
CONSULTANT shall keep a readily accessible and properly labeled /collated file of all
correspondence and markups provided to it by the various agencies for reference use by the
CITY and/or CONSULTANT, during construction.
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The CONSULTANT shall become familiar with the Project site 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 shall
facilitate the CONSULTANT's access to the Project site and or facilities for investigative
purposes. 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 CONSULTANT's sub-consultants shall not be responsible
or held liable for undiscovered hazardous conditions or materials.
Based on the collected data, the CONSULTANT shall develop detailed design base maps for
the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals
20 feet or a scale that better suits the project requirements. CONSULTANT shall illustrate
proposed improvements on the site plan and shall prepare final site plan based on the
information gathered herein. Copies of base maps shall be distributed to CITY.
Deliverables: -Perform work as noted to develop final survey. Deliver
three (3) draft and five (5) final signed and sealed surveys
to CITY.
Schedule: -See Exhibit D -Project Schedule
Task 2.2 -Detailed Design: The CONSULTANT shall prepare detailed design documents
consisting of architectural, structural, civil, mechanical, electrical, landscape, and irrigation
drawings, as applicable. Alt Contract Documents are to be provided in accordance with the
applicable architectural and engineering design standards, and in accordance with the
requirements of alt applicable state, local and federal regulatory agencies having jurisdiction
over the Project. The CONSULTANT shall use CITY standard details as provided by CITY, and
as deemed appropriate by CONSULTANT. The CONSULTANT shall provide additional
sections that may be required, and are not already provided through the CITY standards, as it
deems necessary, to provide CITY with a complete work product. All drawings shall be
prepared using AutoCAD Version 2000 software, or latest, with a layering system as approved
by CITY.
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Technical specifications shall be prepared in conformance with Construction Specifications
Institute (CSI) formats. The CITY shall furnish the CONSULTANT with standard CITY
specification outlines for Divisions 1. Any supplier listings required by specifications shall include
a minimum of two (2) named supplier's, and shall meet all applicable CITY and State of Florida
procurement codes. Specifications shall be provided to the CITY ,and or CONSULTANT in
"Microsoft MS-Word" format. In addition, the CONSULTANT shall use the same software in all
project related work. The CONSULTANT shall utilize base front-end documents provided by the
CITY. The CONSULTANT shall edit accordingly to result in a project specific document. Any
requirements for Supplementary General Conditions shall be subject to review and acceptance
by the CITY.
The CONSULTANT shall attend monthly Design Progress Meetings with CITY and/or CMR
staff, as applicable. CONSULTANT shall provide, and maintain a design progress schedule in
Microsoft Project Planner. CONSULTANT shall update the schedule and review Project status
at each progress meeting. Should the CITY determine that the CONSULTANT has fallen
behind schedule; the CONSULTANT shall provide a recovery schedule that shall accelerate
work to get back on schedule.
The CONSULTANT shall submit monthly invoice requests for its services, accompanied by an
updated design progress schedule, as requested by the CITY. Invoices shall be prepared in a
format as provided by the CITY.
For purposes of this Scope of Services, the following will be considered the minimum effort to
be provided by the CONSULTANT for establishing detail design milestone submittals. Note that
CITY review procedures, and CONSULTANT'S responsibilities associated with such, are
discussed under Task 2.3:
• The 50% design completion stage milestone shall consist of the completed
survey, work products of the previously outlined Tasks, with all proposed
improvements identified in approved BODR, illustrated in plan and elevation
views, at a scale of 1-inch equals 20 feet, and with applicable sections and
details. In addition, the CONSULTANT shall include draft technical specifications
and a draft schedule of prices bid (bid form) identifying the items to be bid by the
prospective contractors with the submittal. Also, this submittal shall include the
CONSULTANT'S "Budget" level opinion of probable cost as defined by the
American Association of Cost Engineers. The CONSULTANT shall submit the
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50% design to the Historical Preservation Board (HPB) for full design approval.
Comments from the HPB and/or Planning Department shall be incorporated into
the 90% design submittal.
Prior to the preparation of the 50% design completion stage drawings, the
CONSULTANT shall incorporate changes to its design based upon its existing
as-built /existing conditions verification efforts and review comments received,
as noted in Task 2.3 below.
• The 100% design completion stage milestone shall consist, of a final construction
document set including the front-end documents (general and supplemental
conditions), technical specifications and construction drawings for all work
proposed to be completed. The CONSULTANT shall include detailed
construction sequencing restrictions, and special conditions for the CITY'S
review with this submittal. Prior to the preparation of the 100% design completion
stage drawings, the CONSULTANT shall .incorporate changes to its design
based upon review comments received, as noted in Task 2.3, below. In addition,
the CONSULTANT shall provide its "Definitive" level opinion of probable cost as
defined by the American Association of Cost Engineers with this submittal.
Documents shall also include all constructability and design review comments,
City of Miami Beach Building Department permitting pre-approval comments as
may be provided by the C ITYand/or jurisdictional review agency.
Deliverables: -Furnish sets of design documents as requested by the CITY
pursuant to Article 6 of the Agreement.
- Prepare and update project invoices and schedule tracking
spreadsheets, on a monthly basis.
- Attend progress meetings with CITY staff, HPB, and CMR firm,
as applicable.
Schedule: -See Exhibit D -Project Schedule
- Note: The above 50% and 100% design documents
completions shown in calendar days are contingent upon
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CITY's reviews occurring within the timeframe allowed for final
completions of each task.
Task 2.2.1 - Geotechnical Evaluation:
See Task 6.4
Task 2.3 -Design / Constructability Review: To verify that the CONSULTANT is in
compliance with the required BODR and CITY's requirements, the CITY and CMR shall perform
reviews of all Project design documents, including cost estimates, at the 50 and 100% design
completion stage submittals. Note that the 100% design completion stage submittal will
incorporate the pre-approval review comments from the Building Dept. and will be used to
procure permits from jurisdictional review agencies, and/or may be utilized to obtain pricing.
The purpose of these reviews shall be to verify that the documents are consistent with the
design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical
specifications and full-size (24-inch by 36-inch) and half size (11-inch by 17-inch) scaled
drawings as requested by the CITY and as noted in the Task 2.2 deliverables. The CMR and.
applicable CITY staff shall perform reviews on these documents and provide written comments
(in "Excel° spreadsheet format) back to the CONSULTANT within the timeframes specil•ied in
Project Schedule -Exhibit D.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between
the CITY, the CONSULTANT and CMR, to discuss the requirements, intent and review of the
comments. The CONSULTANT shall prepare a written memorandum to address how each
comment was resolved. Such written memorandum shall be prepared and submitted to CITY
for review /approval, within ten (10) working days after the review session. The responses
shall be in the spreadsheet format provided to the CONSULTANT. In addition, the
CONSULTANT shall revise its documents to address all review comments accordingly, to the
satisfaction of the CITY.
In addition, the CITY and CMR shall perform constructability reviews of the design documents
relative to value, construction sequencing /schedule, and bid format. These reviews shall be
based upon 50 and 100% design submittals received from the CONSULTANT and shall be
conducted concurrently with the 60 and 100% design reviews. These constructability review
meetings shall be held with the CONSULTANT, CITY, and CMR representatives to discuss
Page 17 of 31
Little Stage Theater Complex
Schedule A
review comments, as required. A detailed review of CONSULTANT's proposed construction
sequencing restrictions will be performed by CITY and CMR at the 50 and 100 % completion
stages.
The CONSULTANT shall note that the CITY and CMR's review of the Contract Documents does
not relieve the CONSULTANT from its responsibility to the CITY with regard to the quality of its
contract documents.
Deliverables: - Attend meetings with the CITY and/or CMR staff, as
applicable, to review and discuss design constructability
and value comments.
- Prepare written responses to comments made during
reviews.
Schedule: - Complete concurrently with Design Schedule
Task 2.4 -Cost Opinions: The CONSULTANT shall prepare opinions of probable construction
costs for the 50 and 100 percent design completion stage submittal. The accuracy of the cost
estimate associated with the 50 percent completion stage shall be +30% to -15% "Budget"
Level as defined by the American Association of Cost Engineers. The accuracy of the cost
estimate associated with the 100 percent completion stage submittals shall be a +15% to -5%
"Definitive" Level Estimates as defined by the American Association of Cost Engineers. All
estimates shall be submitted in Microsoft "Excel" format in accordance with the template
supplied by CITY. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. The
CONSULTANT shall advise the CITY immediately when the Project cost estimate exceeds the
budget established by the CITY. Based upon the CONSULTANT's cost estimate, the CITY will
advise the CONSULTANT if portions of the project need to be deleted, phased and/or bid as
alternate bid items to satisfy existing budgetary and fiscal constraints. In this effort, the
CONSULTANT may be required to attend a series of meetings and develop alternative cost
savings options for CITY consideration, if the estimates show that the projected project cost will
exceed the target budget. The CONSULTANT shall revise the contract documents to reflect
necessary revisions to meet budget parameters at no additional cost accordingly.
Page 18 of 31
Little Stage Theater Complex
Schedule A
Deliverables: -Prepare opinions of probable costs at the 50 and 100%
completion stage.
- Attend meetings with the CITY and CMR staff to review
and discuss cost estimates. This Task includes
development of any required cost savings alternatives, and
implementation /revision of documents to address such
items, as necessary to meet established budget
parameters.
Schedule: -Complete concurrently with Design Schedule.
Task 2.5 -Community Design Review Meeting
The CONSULTANT shall attend and participate in one final Community Design Review Meeting
(CDRM) to review the design progress and concept. The CITY shall schedule, find location for,
and notify residents of said meeting. The CONSULTANT shall prepare draft meeting minutes
and forward them to the CITY and CMR, who shall review, provide comments and distribute,
accordingly. The CONSULTANT shall prepare for, attend and present its documents at this
meeting. Meeting shall be scheduled at the 100% design completion stages. Note that
presentation format shall consist of a brief Power Point presentation to review Project status,
plus review of actual full size plans for the project. The CONSULTANT shall provide sufficient
staff at the meeting to address concerns by residents at two (2) plan stations. It is anticipated
that the CONSULTANT will attend one Pre-CDRM meeting with CITY staff to review the
proposed format of the presentation..
Task 2.6 -Document Revisions: Based upon the input provided by the residents at the
CDRM, the CONSULTANT shall incorporate necessary contract document revisions, as
approved by the CITY.
Task 2.7 -Permitting Reviews: The 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 the Project. The CITY shall pay all permit
fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. The CONSULTANT shall respond to comments by such
authorities within ten working days of receipt of comments unless a different time is agreed to by
Page 19 of 31
Little Stage Theater Complex
Schedule A
CITY. It is the intent of this scope of services that the CONSULTANT be the responsible party
for formally transmitting and receiving permits to and from the respective jurisdictional
authorities. However, since the CITY will track and monitor progress on the preparation and
review of permits and subsequent requests for information, the CONSULTANT shall copy the
CITY on all permit related correspondence. This includes CONSULTANT generated minutes
from meetings held with related parties. It is recognized by CITY that the time period required
for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues
concerning the permittability of the proposed design and the CONSULTANT's ability to respond
to permitting agency requests for information in a timely manner. At the time of scope
preparation, the following governmental authorities that have or may have jurisdiction over
Project have been identified:
^ United States Environmental Protection Agency
^ U.S. Army Corps of Engineers
^ Florida Department of Transportation
^ Florida Department of Environmental Protection
^ South Florida Water Management District
^ Miami-Dade Water and Sewer Authority
^ Miami-Dade Department of Public Works
^ Miami-Dade Department of Health and Rehabilitative Services
^ Miami-Dade Department of Environmental Resource Management
^ The City of Miami Beach Building Department
^ The City of Miami Beach Planning Department
^ The City of Miami Beach Historic Preservation Board
^ The City of Miami Beach Public Works Department
^ The City of Miami Beach Fire Department
Page 20 of 31
Little Stage Theater Complex
Schedule A
Note that the CITY's failure to identify governmental authorities that have jurisdiction over
Project at this time does not relieve the CONSULTANT from the responsibility to procure all
requisite permits.
Deliverables: - Correspond with jurisdictional authorities to establish
permitting requirements.
- Revise documents and respond to permitting inquiries
as required.
- Attend meetings with the CITY, CMR, and permitting
agency staff, as required, to review, discuss and
finalize permit procurement
Schedule: - Complete concurrently with the design schedule
Task 2.8 -The CONSULTANTs QAIQC of Design Documents: The CONSULTANT shall
establish and maintain an in-house Quality Assurance /Quality Control (QA/QC) program
designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of
its contract documents. To this end, the CONSULTANT shall provide the CITY and CMR with a
written narrative detailing its QA/QC program tasks and how it is to be implemented over the
course of this Project. The CITY, at its discretion, may require that the CONSULTANT attend
meetings to review the status and present results of its QA/QC efforts.
TASK 3 -BIDDING AND AWARD SERVICES
The Tasks below address the level of service to be performed by the CONSULTANT.
The CONSULTANT's services shall include, but not be limited to, the following:
• Review /Assist the CITY in the preparation of Request for Qualifications (RFQ) for a
Construction Manager at Risk Firm (CMR) to provide Pre-construction services.
• Review /evaluate bids received in response to the RFQ solicitation
• Participate in negotiation meetings with the selected CMR
• Review CMR's cost proposal(s) /Guaranteed Maximum Price (GMP)
Page 21 of 31
Little Stage Theater Complex
Schedule A
Task 3.1 -Construction Contract Document Review: The CONSULTANT shall assist the
CITY in the bidding and award of the construction contract. The CONSULTANT shall advise
and evaluate bids and the GMP Amendment(s) as required in the CMR's Pre-Construction
Services Agreement, Agreement attached as Exhibit E incorporated herein by reference. The
contract documents prepared by the CONSULTANT shall be transmitted to the CITY's Risk
Management, Legal and Procurement Departments for verification of appropriate insurance,
form and bonding capacity requirements. The CONSULTANT shall assist the CITY in this
process by providing three copies of each Construction Contract Document and participating in
meetings, submissions, resubmissions and discussions with these departments, as necessary.
The CONSULTANT shall respond to CITY comments within ten calendar days of receipt of
comments unless a different time schedule is agreed to by the CITY. The CONSULTANT's
compensation includes meeting with these departments.
Task 3.2 -Bid Document Delivery: The CONSULTANT shall provide the CITY with
reproducible, sets of contract documents, including digital plot files, as required, for the
preparation of Request for Qualifications (RFQ) for a Construction Manager at Risk Firm (CMR)
to provide Pre-construction services. The CONSULTANT shall provide CITY and CMR with
reproducible, camera ready, sets of permit approved Construction Documents, as required, for
subcontract bid document delivery. These documents shall include responses to all comments
obtained during permit reviews and shall incorporate all corrections required by the permitting
agencies.
Task 3.3 -Pre-Bid Conference: The CITY shall conduct one pre-bid conference for the CMR
selection. CMR shall conduct one or more pre-bid conferences for subcontractor selection.
CONSULTANT shall attend the pre-bid conference for CMR selection. CONSULTANT shall
review bids and advise the CITY accordingly.
Task 3.4 -Addenda Issuance: The CONSULTANT shall provide, through CITY, timely
responses to all inquiries received by the CITY from prospective bidders. These responses shall
be prepared as written addenda, with the format for such addenda as provided to the
CONSULTANT by CITY. These queries and responses shall be documented and a record of
each shall be transmitted to the CITY on a same day basis. The CONSULTANT shall prepare
necessary addenda as requested by CITY.
Page 22 of 31
Little Stage Theater Complex
Schedule A
Task 3.5 -CMR Bid Evaluation and Bid Opening: CITY will forward Bids received pursuant
to CMR selection to the CONSULTANT, who in turn shall evaluate bids for completeness and
full responsiveness and shall make a formal written recommendation to the CITY regarding the
award of the contract. Non-technical bid requirements shall be evaluated by others
Task 3.5.1 -Sub-contractor(s) Bid Evaluation and Bid Opening: Bids shall be evaluated
by the CMR who shall make a recommendation to the CITY regarding the acceptance and
award of bids to qualified responsive and responsible subcontractors. Copies of sub-
contractors bids will be provided to CONSULTANT for review and comment, as applicable.
This scope of services includes no allowance for the CONSULTANT's time to assist the CITY in
the event of a bid protest. To the proportionate extent the CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by the
CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the
CITY.
Task 3.6 -Guaranteed Maximum Price (GMP) Construction Contract Award: The
CONSULTANT shall provide sets of Construction Contract Documents for execution by CITY
and CMR within five (5) calendar days of request by the CITY pursuant to Article 6 of the
Agreement.
Task 3.7 - As- Bid Contract Documents: After GMP contract award and prior to the
preconstruction conference, the CONSULTANT shall prepare As-Bid construction contract
documents, which incorporate the following items:
^ CMR'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 as well as the previously incorporated permit review
comments.
Page 23 of 31
Little Stage Theater Complex
Schedule A
The CONSULTANT shall prepare As-Bid Construction Documents and reproduce sets, as
requested, for distribution to CITY within ten (10) calendar days after City Commission approval
/ contract execution.
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 Exhibit D -Project Schedule
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration
of the Project. These -tasks shall be performed for the duration of the construction of the
Project.
The CONSULTANT shall follow uniform procedures and guidelines for managing the interface
between the CITY, CMR, and CONSULTANT staffs. The CITY shall provide the CONSULTANT
with sample management manuals, as required.
CONSULTANT's compensation is based upon a construction period of approximately 8 months.
Task 4.1 -Pre-Construction Conferences• The CONSULTANT shall attend one pre-
construction conference for the Project. The CONSULTANT shall prepare and distribute
meeting minutes to all attendees and other appropriate parties. At this meeting, it is anticipated
that the CITY will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued
upon receipt and approval of a construction schedule, schedule of values, submittal schedule
and procurement of all applicable construction permits from the CMR.
Deliverables: - Attend and participate in one pre-construction conference
for the project and prepare meeting minutes.
Page 24 of 31
Little Stage Theater Complex
Schedule A
Schedule: - As scheduled by CITY after receipt of Task 4, Notice to
Proceed.
Task 4.2 - Bi-Weekly Construction Meetings: The CONSULTANT shall attend bi-weekly
construction meetings with the CMR and applicable CITY representatives, as required. 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 CMR 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 meetings may include site visits to visually observe /address construction related concerns.
The site visits shall be separate and distinct from the "Specialty Site Visits" discussed under
Task 4.6. The CONSULTANT shall prepare and distribute meeting minutes to all attendees and
other appropriate parties.
Deliverables: -Attend and participate in Bi-weekly construction progress
meetings, as required, and prepare meeting minutes.
Schedule: - Bi-Weekly throughout the project duration.
Task 4.3 -Requests for Information /Contract Document Clarification (RFIs /CDCs)• The
CONSULTANT shall receive, log and process all RFIs /CDCs. Whenever an RFI involves the
interpretation of design issues or design intent, the CONSULTANT shall prepare a written
response within the timeframe specified in the construction contract and return it to the CMR.
The CONSULTANT shall distribute and update the RFI log at each progress meeting. In
addition, the CONSULTANT may be requested by the CITY to prepare and forward CDCs
should certain items within the contract documents require clarification.
Deliverables: - Respond to those RFI's that involve design interpretations
and return to CMR and CITY's office. Prepare RFI log and
distribute at meetings.
- Issue CDCs as required.
Schedule: - Ongoing throughout project construction duration.
Page 25 of 31
Little Stage Theater Complex
Schedule A
Task 4.4 - Requests for Chanpes to Construction Cost and/or Schedule• The
CONSULTANT shall receive, log, evaluate all requests for project cost and/or schedule changes
from the CMR, and report such, to the CITY at progress meeting. The CONSULTANT shall
distribute and update the Change Order log at each progress meeting. Changes may be the
result of unforeseen conditions, interferences identified by the CMR 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, the CONSULTANT shall
evaluate the merit of the request, as well as the impact of the change in terms of project cost
and schedule. CONSULTANT shall review claims and / or change order requests with CITY.
No legal claims assistance is 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
the CITY and CMR to resolve and/or negotiate the
equitable resolution of request.
- Prepare and execute change order documentation (AIA
form)
- Prepare and update change order log and distribute at
progress meetings.
Schedule: -Ongoing throughout project construction duration.
Task 4.5 -Processing of Shop Drawings: The CONSULTANT will receive, log and distribute
shop drawings, as appropriate, for their review. The CONSULTANT shall have 14 calendar days
or the number of calendar days specified in the construction contract, (whichever is lesser) from
the date of receipt in its office, to review and return shop drawings to CMR and CITY's office.
Deliverables: -Review Shop Drawings and return them to CMR and
CITY.
- Prepare and update shop drawing log and distribute at~
progress meetings.
Page 26 of 31
Little Stage Theater Complex
Schedule A
Schedule: -Ongoing throughout project construction duration.
Task 4.6 -Field Observation Services: The CONSULTANT shall provide specialty site visits
by various design disciplines (civil, structural, mechanical, electrical, plumbing, landscaping,
etc...) 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 or Services, and will be provided by the
CONSULTANT as required by the Project. Specialty site visits are assumed to include one or
more of the CONSULTANTs Team attendance, as may be requested by the CITY, to review,
discuss, resolve field conditions and issues at the job site. Attendance shall be as requested,
although a minimum of 24 hour notice will be provided when possible. In cases where
conditions require immediate action, the CONSULTANT shall make itself available in the field,
as soon as possible, to review /respond to necessary issues.
Deliverables: -Provide specialty site visits as required.
Schedule: -Ongoing throughout project construction duration.
Task 4.7 - Proiect Closeout: Upon receiving notice from the CMR advising the CONSULTANT
that a Project is substantially complete, the CONSULTANT, in conjunction with appropriate
CITY staff, shall conduct an overview of the Project. The overview shall include development of
a "punch list" of items needing completion or correction prior to consideration of final
acceptance. The CONSULTANT shall develop the Substantial Completion Punch list. The list
shall be forwarded to the CMR for corrective action. CONSULTANT shall forward copy of said
list to the CITY. For the purposes of this Task, Substantial Completion shall be deemed to be
the stage in the construction of the Project where the Project can be utilized for the purposes for
which it was intended, and where minor items may not be fully completed, but all items that
affect the operational integrity and function of the Project are capable of continuous use.
Upon notification from the CMR 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 CMR, the
CONSULTANT shall assist in closing out the construction contract. This shall include, but not
limited to, preparation of record drawings based on markups fon~varded by CMR and certification
of 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
Page 27 of 31
Little Stage Theater Complex
Schedule A
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
through(s).
Deliverables:-
Schedule: -
Attend field meetings to review substantial and final
completion and assist in development of the applicable
"punch lists".
At the Substantial and Final completion of the project.
TASK 5 -ADDITIONAL SERVICES
No additional services are envisioned at this time. However, if such services are
required during the performance of the Work such as work related to structural testing
and evaluation, structural engineering /forensic engineering, environmental evaluation,
environmental engineering, theater consulting, and skate boarding consulting
associated with the renovation and restoration of the existing facilities and surrounding
area, 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 without proper authorization, it does so at its own risk.
TASK 6 - REIMBURSABLES
Task 6.1 -Reproduction Services: The CONSULTANT shall be reimbursed at the usual and
customary rate for reproduction of reports, contract documents and miscellaneous items, as
may be requested by the CITY. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the project. Refer to Schedule B.
Task 6.2 -Travel and Subsistence:
Not allowed.
Task 6.3 - Surveving: The CONSULTANT shall arrange for and coordinate the efforts of
licensed surveyors to prepare a topographical survey within the project limits to meet the intent
Page 28 of 31
Little Stage Theater Complex
Schedule A
of the approved project Scope outlined in Task 1 -Planning Services and Task 2 -Design
Services. Unused amounts in this allowance shall be credited back to the CITY at the
completion of the project. Refer to Schedule B.
Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a
professionally licensed geotechnical firm to perform boring /test excavations as necessary to
adequately define the soil characteristics for the purposes of design. Actual boring /test
excavations shall be as directed by CONSULTANT. Unused amounts shall be credited back to
the CITY at the completion of the project. Refer to Schedule B.
Task 6.5 -Underground Utility Verification: CONSULTANT shall employ the services of an
underground utility location service, upon approval by the CITY, in an effort to better identify
existing underground conditions where work is to be performed. Soft-Dig underground
identification services may be implemented. Actual locations shall be as directed by
CONSULTANT. Unused amounts shall be credited back to the CITY at the completion of the
project. Refer to Schedule B.
Task 6.6 -Design Sub Consultants:
CONSULTANT shall arrange for and coordinate the efforts of design sub consultant expertise
as such expertise is needed and determined by the evolution of the project program
requirements and/or site conditions. Anot-to-exceed fee amount of all such design sub
consultant costs is included in Schedule B, to be drawn upon as needed. CONSULTANT'S
compensation shall be a reimbursement of actual costs for design sub-consultants.
Minimum Drawing Requirements
The composite set of drawings to be produced shalt 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.
The below drawing list /description is provided as a guide:
Carl Fisher Clubhouse, Little Stage. Theater Plans
^ Survey
Page 29 of 31
Little Stage Theater Complex
Schedule A
^ Site Plan /Site Layout
^ Proposed Driveway Section
^ Entry feature
^ Demolition Plan for Theater
^ Demolition Plan for Clubhouse
^ Life Safety Plan
^ Roof Plan
^ Elevations
^ Building Section
^ Partition Details
^ Theater Equipment Installation Detail(s)
^ Typical Details
^ Door Window & Finish Schedules
^ Door Hardware Specifications
^ Ceiling Plan
^ Interior Elevations
^ Restroom Plan & Elevations
^ Structural Reinforcement & Repair Plan
^ Structural Sections and Details
^ Mechanical Plan
^ Mechanical Piping Plan/Schedules/Notes & Details
^ Electrical Site Plan
^ Theater Lighting Plan
^ Clubhouse Lighting Plan
^ Power Plan
^ Fire Alarm Plan
^ Plumbing Plan & Isometric
^ Theater Fire Protection Plan
Skate Plaza
^ Site Plan /Site Layout
^ Show limits of demolition /removal
^ Show limits of proposed work
^ Identify all surface features of all existing and proposed work
^ identify proposed structures
Page 30 of 31
Little Stage Theater Complex
Schedule A
General
^ Identify trees /landscaping to remain in place
^ Proposed Landscape/Irrigation
Site Plans
Existing Conditions -Site Survey - to include property lines, sidewalks, pavement areas,
landscaping, existing site improvements, buildings, dimensions of buildings, fencing, lighting,
overhead and underground utilities, etc.
Demolition -Clearly depict existing conditions to be demolished or modified.
Proposed Improvements -Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting, utility
modifications, replacements, and additions, etc.
Enlarged Site plans -Where necessary to clearly define Project requirements, provide enlarged
site plans for specific areas of improvement.
Building Drawings
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 form all involved disciplines:
Architectural, Civil, Structural, Mechanical, Electrical, Plumbing, and Landscape Architecture.
Drawings shall be organized by building and by discipline.
Page 31 of 31
SCHEDULE B:
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO INC.
CONSULTANT COMPENSATION
Please refer to attached schedule(s), and see below Schedule of Payments:
Schedule of Payments
Planning* $ 57,000.00
50% Design Documents * $ 134,000.00
100% Permit Approved * $ 134,000.00
Bidding /Award * $ 17,000.00
Construction Administration ** $ 78,000.00
Reimbursable Allowance*** $ 52,000.00
Reproduction Services ($10,000)
Boundary /Topographical /Underground Survey ($8,000.00)
Geotechnical Testing ($2,500.00)
Underground Utility Verification ($5,000)
Other reimbursable services as applicable ($26,500)
Total Contract
$ 472,000.00
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 8 months, therefore, once construction starts Consultant will
be paid $78,000.00 for 8 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 extend said services for $9,750 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. Payment upon completion of the work.
SCHEDULE B
CITY OF MIAMI BEACH
CONSULTANT COMPENSATION FEE SCHEDULE
TASK
~ TASK DESCRIPTION
~
- PRINCIPAUARCHI
REC(MO
___
- LITTLE STAGE THEATER
COMPLEX -- ---
(ARCHRECTURE AND ENGINEERING DESIGN SERVICES) 02 Ju12007 _ ~. ___
-- .
1
~- 1 1
1
2 '~ CONCEPT DESIGN AND MASTER PLANNING ---
Protect K¢k-0ff Meeting ~- - -
Sit
R - T -- --_--
- - ~ - _- 4
. e
econnaissance
-.
Meetlnp minutes - Drepere and distribute-
__~ q
1.2 1 Develop Protect Concept -- _
- - 14
1 3 _
Attend Pro ramming Session: -
- 4--
1 4 _
Review Meeting Prior to Design Workshop _
Meeting minutes -prepare and distdbute
- _
- 4
-
_ 1 5 _
Commundy Design Workshop_ __
-
151 _
CommunM Design Workshop
- - 14
1 6 _
Basis of Design Report (DRAFT) -- - 28-
-_ 1 7_ '
1 8 _ Review of Draft BODR wkh the CITY Departments: _ _ _
Final Master Plan I Basis of Design Report (BODR) __ - -- - Z -
~ p
7.~eviews --
TOTAI
_ TO'
ant Rev
- 0_
204
_18
GLAVOVIC sTUao INC.
'ECT OF SKiAfER/JUNIOR CADO OPERATOR CLERICAL TOE Toil cost Per TOTAL COST
ARCHfCECT Howe Task
_.__ _ _ {-
-__ - -__ - _. t-_- ~-
_ _. _ ~ _
_. 8 - 0 _ - ~ 2 ~4 $1.45693 _. __ _-
' 4 ~ 0 ~___ 0 8 $1,02126 -- -~ -
_ 54 - 26 ~.. 2 96 $8,67125 _ _ -- -
8 _.._ 2 - - 8 22 Y $1,85980 ---
_- -_
4 +_ 0 _ ~_0 '~ $1_02126
~_ - L -- _- ~ _-- _.
__ --
1 -- - 29 _ 8 _ 20 _ 71 $6 280.93 _ _
~- 59 24 6 _- -117 i $11,54180 -
~. - 4 - - 0 --~ 11 $915 85 - -
2 - 0 4.5 ~ 6.5 $381 79+ __ _
,_
172 60 48 630.J i -- _ _ _
Y 533,10.00
30 _~ - 10 0 40~ $3,173 83 -- - --
506_.. 562 - _ ~_28 I 1300 $713,44003 -- __
12 ~_ 0 ~ 0 30 $4,08271 _ -
149 0 Y 4 168 $15,473.44 _
-~ 89 60 52 219 $18,75584 -
~10 __ 0 -- ~ 16 $1,75090 ~- - --
._ 30 t 45 -- $ _ 97 $7,565 59 -- - -
_ 24- -- 0 -- 12 - 48 54,651.87
-- ~ .._ _
650 677 ~ 109 3,437 i _
t _5166,90 -.
-- 6 ~ _ 0 _ ~0 13 $170171 -- -_-_
_ 5 8 13 r 8 32 $2 528 50 - - -
-..- ~ -_ 5 _ ~ -s -- 0 -. 0 11 $1 36z o7 _.
, 2 T 6 0 7 15 ~ $118053 - - _
_- - _ -__
6 6 6 __. 0 18 _$1,89728
__
-_ _. _ < _ - --8- ~ .-__ 0 -. 5 15 $1.42648 -__ --_
Id Observation Services _
liect Closeout Services _ _
TOTAL HOURS CONSTRUCTION ADMIN PHASE
_- - _
__ __-- TOTAL FEE CONSTRUCTION AUMI_N PHASE
TOTAL FEE ALL PHASES EXCL. ADD. SERVJREIMBURSABLES/SUB-CONSULTANTS
6 +
8 ~ 8 28 $2,05420 --
_ _ - _. _.
' 42 ~ 27 ~ -- - 28 13.0 _ _
_- 512,100 --
_... _ _ _
4 _ _ 0 9 ~ 17 $1,44287 - - -
54~ __ 24 ~ 10 ~-1 136 $14,69812 _ _
76 _- 64 _ _ ~ 20 124 $8,591 46
~_. 15 0 - 6 - 24 $2,810 81 -- _
_ 24 12 -- _ -13 57 ~ $4,75020 __ -_-
24 0 0 37 - --
- __ -_ -_ - _ _ L $3.24062
15 7 __ 12 40_ $3.289.77;
172 -- 107 ~ -- -64--- '~ 429 _ _ _
~_- - --. -_
6 ADDfT10NAl SERVICES INK:1_
6 REIMBURSABLESI20071 -
-- _ _._ T _. ~-
- ~ - -- ~- __
_
- -
--
- --~
~-
-
*
5262 000 00
~ _-- -
- -- -
~
- - - -
. _
_,_61REPRODUCTION SERVICES ALLOWANCE
--
__62 ~'BOUNDARYITOPOGRAPHICAL SURVEY _
-_
- -_ _-
- - - ~ -
` _ -- --
-
$$8 000 00
8 3 GEOTECHNICAL TESTING _
64 UNDERGROUND UTILITY VERIFICATION
8 5 OTHER REIMBURSABLE AS APPLICABLE
SUB-CONSULTANT DEROSE ENGINEERING INC _
- _
_ _ _ _
_ __ ~ _
_ - _
-
~ - - ~_
~
i -
- ~ -- _-
~
- _
$2 500 00 _ _
500000 -
$26.500 0~ _ _
$218
000 00 -- -
SUB-CONSULTANT IBI GROUP INC _
_
S
B CONSULTA
T _
_
_ _ __ _
- - -
-~ - -
-- -- ,
$42,000 00
-
--
-
U
NT
HORN GRAFTON
-
- `____ -
_--. - - - _
-- ~
_ TOTAL DIRECT COSTS '~
----
- - --
-. __-
_--
~ -~- - OOi
--
$10,000
- --
-f22200000 _-_
-_ T - __- __ - --_ . . _ _ _ _
- 72 000.00
TOTAL -- - - - - _
I -~ - r - __ ___ _
__. -_ .__ _ _. ,._.
169.82 - - 85.49_T --- 0 .90 _-- -_-' .88.-~ - - -__-
R:41016WE SCAPE OF SERVICES AND CONTRAOTS~SChetluk a Gkvovic SM1Mb.tlc
SCHEDULE B-1
CITY OF MIAMI BEACH
SUB-CONSULTANT COMPENSATION FEE SCHEDULE
DeRoee _ ~-
T~K - T/SK DESCit1PTtON Erglnegring~ 1$t GrouQ )nc. Ttlortf Gr?dt~t~`~oti7~ pai ' -} ; TtjTAL 003T
fi- ,Q,_ .
i
I LITTLE STAGE THEATER COMPLEX _____ __ _ __
Labor fee task 1, 2, 3, 4 Sub-Consultants Ot Jul 2007
1
--- t CONCEPT DESIGN AND MASTER PLANNING
------- ----__ ---- - - _----------- - ------- ---------------------
TOTAL FEE MASTER PLAN AND CONCEPTUAL DESIGN PHASE
16,000.00
7,500.00
$350.00
$23 850.00
2 DESIGN SERVICES
--- __
-- -----------------
TOTAL FEE DESIGN PHASE
70,000.00
$24,000.00
7,100.00
$101 100.00
3 BID/AWARD SERVICES
_
TOTAL FEE BIDDING PHASE
$2,000.00
$2 000.00
850.00
$4 850.00
4 CONSTRUCTION ADMIN. SERVICES (2008}
_ __
TOTAL FEE CONSTRUCTION ADMIN PHASE
30,000.00
7,500.00
1,700.00
39 200.00
TOTAL FEE PER CONSULTANTS $118 000.00 $41 000.00 $10 000.00
- - ------ -
--
-- ---
--- 5169 000.00
R:\4014\AE SCOPE OF SERVICES AND CONTRACTS\SChedule 81 .xls
LITTLE STAGE THEATER COMPLEX
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO, INC.
HOURLY BILLING RATE SCHEDULE
Classification Hourly Billing Rate
Principal /Architect of Record $169.82 per hour
Designer /Junior Architect $85.49 per hour
CADD Operator $60.90 per hour
Principal MEP Engineer of Record $120.94 per hour
Electrical / Mechanical / Plumbing $101.85 per hour
Engineer
Electrical / Mechanical / Plumbing $101.85 per hour
Junior Engineer
Civil/Structural Engineer of Record $120.94 per hour
Civil/Structural Engineer $101.85 per hour
Civil/Structural Junior Engineer $101.85 per hour
Principal Landscape Architect of Record $120.94 per hour
Landscape Designer $85.49 per hour
Principal Historical Preservation $120.94 per hour
Architect of Record
Historic Preservation Architect $85.49 per hour
Clerical $46.85 per hour
December 6, 2006
31
LITTLE STAGE THEATER COMPLEX
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO INC.
SEE ATTACHED PROJECT SCHEDULE
December 6, 2006
32
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LITTLE STAGE THEATER COMPLEX
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO, INC.
See Attached CMR Pre-Construction Services Agreement.
December 6, 2006
33
AGREEMENT FOR PRE-CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND ,FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES PURSUANT TO
RESOLUTION NO. ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE-CONSTRUCTION
SERVICES FOR THE LITTLE STAGE THEATER COMPLEX PROJECT.
THIS AGREEMENT, made and entered into this day of , 2007, 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 , a Florida corporation whose address is (hereinafter
Construction Manager at Risk or CMR).
WITNESSED:
WHEREAS, the City intends to renovate, restore and/or rehabilitate the Little Stage Theater and Carl Fisher
Clubhouse, demolish the 21St Street Bandshell, and provide site improvements adjacent to and/or part of the site and
desires to engage the services of CMR; and
WHEREAS, the CMR 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 CMR 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 ArchitectJEngineer or A/E: The "Architect/Engineer" or "A/E" shall mean that person or firm'
designated as the architectlengineer 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 A/E Agreement). For
purposes of this Agreement, the Architect/Engineer of record for the Project is Glavovic Studio, Inc., whose
principal address is 215 SW 14th Way, Fort Lauderdale, Florida, 33312.
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 at Risk as required by this
Agreement.
1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the
1
Bond (s).
1.4 Budget: The minimum amount established by the City for this Project. Construction Manager at Risk
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 CMR.
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 CMR
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 CMR's work.
2
1.7.2 The City Manager shall additionally be authorized, but not required, upon written request of the CMR, to
reallocate monies already budgeted toward payment of the CMR; provided, however, that he cannot increase
the CMR'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 CMR Principal: The "CMR Principal" shall be the person designated by the Construction Manager at
Risk as its senior representative to the City. The CMR Principal shall perform those duties required in this
Agreement and shall have the authority to commit and obligate the CMR, and to fully act for the CMR 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 at Risk 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, CMR and the A/E. Contract Amendments and/or Change Orders affecting changes to the Work
shall be countersigned by the CMR and the A/E. 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 A/E and executed by the City.
1.12 Construction Estimate: The term "Construction Estimate" shall mean a cost estimate for the
3
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
$ which is the sum budgeted by the City for the construction cost for the Project.
1.13 Construction Manager at Risk (CMR): The firm of ,whose principal address is,
as selected by the City pursuant to Resolution No. , to provide services
of Construction Management At-Risk for this Project. Acceptance of the GMP by the City shall result in the
CMR 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 at Risk. When the term
"Construction Manager at Risk" or "CMR" 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 CMR. Any subconsultants
retained by Construction Manager at Risk pursuant to this Agreement and the Project, must receive the prior
written approval of the City.
1.15 Construction Manager at Risk's Fee: The term "Construction Manager at Risk's Fee" or "Fee" shall
mean, for purposes of this Agreement only, a fixed fee, in the amount of $ ,representing the Fee
negotiated for CMR'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 at
Risk 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 at Risk 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 at Risk, the City, and the A/E.
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 at Risk, which costs shall be at rates not higher
4
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 at Risk, the A/E and the
City at the time of execution of the GMP Amendment pertaining thereto, notwithstanding the Construction
Manager at Risk's exercise of due diligence in connection therewith; and (ii) to the extent that any portion of the
Contingency 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 beset 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 CMR 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. this
Agreement, and all attachments, exhibits, and amendments thereto; the A/E 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 at Risk 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 CMR after acceptance by the
City of the GMP Amendment. The CMR 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 at Risk 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
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Construction Manager at Risk's execution of the same and shall establish, among other things, the GMP, the
names of the Construction Manager at Risk's on site-management and supervisory personnel for the Project;
and the Contract Time for the Project. Should the Project be phased, each phase shall require a separate
GMP Amendment.
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 at Risk'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 Final Master Plan /Basis of Design Report (BODR): The term "Master Plan /Basis of Design
Report (BODR)"shall mean Drawings and other documents illustrating the scale and relationship of the Project
components, and as further defined by the A/E Agreement. CMR's knowledge of and coordination with said
Agreement is incorporated herein.
1.32 50% Design Completion Stage (Design Development Documents): The term "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 A/E Agreement. CMR's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 100% Design Completion Stage (Construction Documents): The term "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 A/E Agreement. CMR's knowledge of and coordination with said
Agreement is specifically required of the Construction Manager at Risk.
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 $ ,for CMR's services performed
during the Design Phase related to the Project, which fee includes all direct and indirect costs incurred by the
Construction Manager at Risk in the proper performance of the Pre-Construction Phase Services contemplated
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under this Agreement.
1.35 Preconstruction Phase Services: The term "Preconstruction Phase Services" shall mean the
services which the Construction Manager at Risk 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 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. ,involving the renovation and improvements of the Little Stage
Theater Complex. Should the Project be phased, each phase shall require a separate GMP Amendment.
The final phasing of the Project will be determined by the CMR, CONSULTANT and Cityjointly. The total GMP
Amendments will comprise the entire Project.
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 at
Risk to perform or supply a portion of the Work and the term includes such Subconsultant's authorized
representatives. Construction Manager at Risk 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 CMR. All such work shall be
itemized on invoices from such subconsultants, showing work performed and charges incurred.
1.40.2 The Construction Manager at Risk 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 at Risk of its prime and sole responsibility for
the performance of the 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.
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1.40.4. Construction Manager at Risk 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 at Risk by
obtaining the services of Subconsultants, Construction Manager at Risk shall provide City with proposals and
contracts between the Subconsultants and Construction Manager at Risk 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 A!E certifies
to the City by means of a certificate of Substantial Completion as the date when the Construction Manager at
Risk 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 Deaartmentissues a
Certificate of Occuaancv (CO) or (Certificate of Completion(CC) for Renovation Projects.)
Notwithstanding the preceding, if a situation arises beyond the control of the CMR, and the issuance of a
Certificate of Temporary Occupancy (TCO) or Certificate of Temporary Completion (TCC) for renovation
projects 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 at Risk for the entire Project and all other
services necessary to fulfill the Construction Manager at Risk'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 at Risk decide in writing justify the delay. Provided, however, that market conditions,
labor conditions, construction industry price trends, and similar matters which normally impact on the bidding
process shall not be considered a Force Majeure.
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ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2.1 The Construction Manager at Risk accepts the relationship of trust and confidence established between it and
the City by this Agreement. The Construction Manager at Risk represents that it will furnish its best skill and
judgment in performing the CMR'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 at Risk accepts a fiduciary duty with the City and
warrants and represents to the City that the Construction Manager at Risk:
a) has all licenses and certifications required by applicable law to perform the CMR'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 CMR's services and the Work; and
d) that no employee or affiliate of the Construction Manager at Risk, 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 at Risk 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 AT RISK 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.
Should the Project be phased, each phase shall require a separate GMP Amendment. The total GMP Amendments will
comprise the entire Project.
9
3.2 The Services of the Construction Manager at Risk 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 at Risk's Services shall
include, without limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval bythe 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 at Risk 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 at Risk shall prepare a preliminary Project Schedule in accordance with the Contract
Documents and in coordination with the City and the Architect/Engineer, identifying all phases, critical path
activities, and critical duties of each of the Project team members. The Construction Manager at Risk shall, at
each design phase, review the plans and advise the City and the Architect/Engineer regarding the
constructability ofthe design and of any errors, omissions, or conflicts it discovers. The Construction Manager
at Risk 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 at Risk shall attend all Project related meetings. The Construction Manager at Risk's
Preconstruction Services shall be provided, and the City shall compensate Construction Manager at Risk for
such services, based upon a fixed fee, in the amount of $ representing the Construction Manager at
Risk's Fee. At the conclusion of the Preconstruction Services, the Construction Manager at Risk shall, without
assuming the duties of the Architect/Engineer, 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.
ARTICLE IV
DUTIES AND RESPONSIBILITIES
The CMR shall perform the following responsibilities and duties:
4.1 All CMR 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.
10
4.1.1. Develop, for City approval and for full compliance by CMR, 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 (A/E 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 CMR, the Architect/Engineer, 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 A/E - In providing the Construction Manager at Risk's services described in this Agreement,
the CMR shall maintain a working relationship with the Architect/Engineer. However, nothing in this Agreement
shall be construed to mean that the CMR assumes any of the responsibilities or duties of the A/E. The CMR
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 CMR's Agreement with the City. The A/E is responsible for the requirements of the
Project, as indicated in the Agreement between the City and the A/E. The CMR's services shall be rendered
compatibly and in cooperation with the A/E's services to the City. It is not intended that the services of the A/E
and the CMR be competitive or duplicative, but rather be complimentary.
4.2.2 .Scheduling -The CMR shall meet immediately upon execution of this Agreement with the Architect/Engineer
and City representatives to review the A/E Agreement (final) and the Project as referenced in Schedule D of the
A/E Agreement. The CMR 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 A/E 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 CMR services, which the CMR 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
11
final, and binding upon the parties.
4.3 Design Phase
4.3.1 Review of Desian Documents -The CMR shall review the design documents and make recommendations to
the City and to the A/E as to constructability, cost, sequencing, scheduling, and the time of construction, as to
clarity, consistencyand coordination of documentation. The recommendations resulting from such review will
be provided to the City and A/E 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 A/E Agreement (Exhibit VII).
4.3.2 Responsibility -The CMR, 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 CMR'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 CMR
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 CMR specifically agrees that no Contract
Amendments shall be requested by the CMR 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.
4.3.3 Preliminary Scheduling -The CMR will submit to the Architect/Engineer for comment, and to the City for
approval, a proposed schedule for the Project at the time the 50% 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 CMR 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 CMR
shall include in the above-noted schedule a proposed construction sequencing plan for the Work.
4.3.4 Estimating and Cost Control -The CMR shall prepare detailed cost estimates and updates throughout the
Design Phase leading up to the bidding phase of the Project. The CMR shall submit same with the submittal of
each Phase of design review in accordance with the most current A/E Agreement and at such other times as it
maybe requested by the City. The estimates by the CMR shall show the estimated amount of the GMP. They
shall be in such detail as the City may require, and shall not exceed the construction budget of $
a) Should the CMR's estimated GMP exceed the Budget, the CMR 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 CMR to coordinate with the
Architect/Engineer to reduce the estimated cost of the Project through Value
Engineering, re-design by the Architect/Engineer, 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.
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b) The City shall determine, after receipt and review of each estimate, whether the CMR
shall continue to perform the services of the Agreement without requiring adjustment
of the most current CMR 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 CMR'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 end proceed to
exercise its options as identified in this Agreement.
c) The CMR and A/E shall advise the City immediately when the A/E or CMR estimate
exceeds the construction budget.
4.3.5 General Coordination -The CMR 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 Architect/Engineer.
4.3.6 Permits and Fees -The CMR will be responsible for coordinating with the Architect/Engineer the submittal of
all required documents for permits. CMR 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 CMR 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 CMR.
4.3.7 Desi4n Services - N/A.
4.3.8 Memorandum of Chanaes -The CMR shall submit to the Owner the CMR's Memorandum of Changes in
sufficient time and as scheduled so it may be reviewed by the A/E 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
CMR in fulfilling the CMR's duties with regard to the Contract Documents. The CMR 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.
4.4 Bid and Award Phase
4.4.1 Preaualification -The CMR shall prepare a subcontractor's prequalification plan in compliance with the
requirements currently determined by the City. The CMR shall submit to the Citythe CMR's list of pre approved
Subcontractors for each element of the Work to be subcontracted by the CMR. This list shall be developed by
the execution by the CMR 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 CMR. Any claims, objections or
disputes arising out of the prequalification plan or list are the responsibility of the CMR. The CMR 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
13
directed decision.
4.4.2 Scope of Work -The CMR shall receive subcontract proposals which, when combined with the work the CMR
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 CMR 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
CMR shall be solely responsible for the content of the pre-bid conference.
4.4.4 Subcontract Bidding -The CMR shall schedule, in coordination with the Architect/Engineer 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 Architect/Engineergnd the
City prior to award by the CMR.
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 CMR shall propose to the City, a
Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CMR'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 CMR 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 CMR 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 at Risk with regard to other services
required by the Contract Documents.
4.6 Time of Performance
4.6.1 Conformance with Approved Schedule- The CMR 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 A/E Agreement.
4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CMR acknowledges specifically that
the CMR has reviewed the most current Schedule "D" of the A/E Agreement, has given any necessary input to
the City regarding any need to modify. that schedule to accommodate the CMR process, and shall not be
entitled to additional time or money in order to conform the CMR services to that schedule.
4.6.3 Preparation and Delivery of the CM at Risk Schedule W ithin fourteen (14) days of the effective date of this
Agreement, the CMR shall present to the City a schedule for the CMR's duties, deliverables, and requirements
showing the start and completion of design phase activities to be performed by the CMR. This schedule shall
be in conformance with the most current Schedule "D" of the A/E Agreement.
4.7 PAYMENT BREAKDOWN
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PRE-CONSTRUCTION SERVICES
1. Design Review, Constructability & Value Engineering $XXX
2. Review of On-site & Off-site Conditions $XXX
3. Cost Estimating & Cost Controls I $~
4. Scheduling I $~
5. Bidding (GMP Submittal & Negotiations) I $~
6. e-Builder License ~ $~
7. Contingency I $0
8. TOTAL PRE-CONSTRUCTION SERVICES FEE I $~~
4.7.1 Application for Payment Submittal- The CMR 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 CMR. 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 CMR is delayed by reasons outside the CMR's control,
the CMR 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 CMR'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 CMR as a result of any delays to the
performance of this Agreement. Specifically, the CMR agrees that the failure of the Architect/Engineer to
maintain the design schedule shall be non-compensable to the CMR and CMR's sole remedy shall be an
extension of time.
4.7.3 Extra Services- Should the CMR be requested or required by the City to provide services which the CMR
believes are outside and/or in addition to the scope of this Agreement, the CMR shall within five (5) days of
being requested to perform such services, notify the City in writing of the CMR's opinion that they are extra
15
services to this Agreement, the reason the CMR believes they are outside the scope of this Agreement, and the
proposed costs, and time impact, if any, for the pertormance of same. The City may direct the CMR to proceed
with such services pending a final determiriation as to the compensation. In such case, the CMR's right to
consideration shall not be waived by proceeding as directed.
4.8 Citv's Riaht to Require Documentation and Audit
The City may, as deemed necessary, require from the CMR support and/or documentation for any submission.
Upon execution of the Agreement, the CMR agrees that the City shall have unrestricted access during normal
working hours to all CMR'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 CMR 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 CMR shall provide a summation and analysis of the apparent low subcontract bids including the
identity of any apparent low subcontract bidders which the CMR does not wish to employ. Such
identification and proposal of non-utilization by the CMR shall require specific written reason for same.
5.2 CMR Fee. Profit. General Conditions Continaencv
The CMR shall propose the amount to be included in the GMP for the Construction Manager at Risk'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 CMR and the City.
a) The City shall have the option of accepting or rejecting the GMP as presented by the CMR. 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 Architect/Engineer and CMR 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, and all
to be done at no additional cost to be City.
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 CMR shall not pertorm nor be
compensated for, any services on the Project beyond the agreed Construction Manager at
Risk's Fee herein. In the event any option under this subparagraph is chosen by the City, the
CMR is obligated to immediately turnover to the City all plans, specifications and other project
related documentation.
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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 CMR any remaining undisputed Construction Manager at
Risk's Fee, and proceed under the requirements noted under this paragraph, and the City and
CMR 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 CMR 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 CMR (1) violates any provisions of this
Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and
CMR fails to cure same within thirty (30) days following written notice to CMR. In that event, such termination
shall become effective upon seven (7) days written notice to CMR.
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 CMR or otherwise. In
such event, the CMR 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 CMR hereunder had the Agreement not been terminated
6.1.2 Payment only for Services satisfactorily performed by the CMR 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 CMR.
6.1.3 Upon receipt of a written Notice of Termination, the CMR 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.
6.1.4 In the event of a termination for cause, no payments to the CMR 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
17
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 CMR, in writing, fourteen (14) days prior to termination.
6.2.1 In the event the City terminates the CMR's services for its convenience, as provided herein, the CMR
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 CMR, except as
set forth in this Article 6.
6.3 Termination by CMR
The CMR 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 CMR. In that event, CMR 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 CMR shall have no right to terminate this Agreement for convenience of the CMR.
6.4 Implementation of Termination
In the event of termination, either for cause or for convenience, the CMR, 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 maybe
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 CMR warrants that it has not employed or retained any company or person, other than an employee
working solely for the CMR, 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 CMR for any reason whatsoever. '
ARTICLE VII
INDEMNIFICATION
7.1 CMR 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 CMR, its agents, servants or employees in the performance of services
18
under this Agreement.
7.2 In the event that CMR abandons this Agreement or causes it to be terminated by City, CMR shall
indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining
to such termination.
7.3 CMR 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 CMR'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 CMR in connection with this Agreement shall become the property of the City, and
shall be delivered by CMR within ten (10) days after receipt of written notice. Any re-use of documents by City
without written verification or adaptation by CMR for the specific purpose intended will be without liability to
CMR.
8.2 Records
CMR shall keep such records and accounts and require any and all CMR 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 CMR 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 pertormed 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 CMR in accordance with such statutes.
8.3 Eaual Opportunity Employment
8.3.1 CMR 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;
19
recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. CMR
agrees to furnish City with a copy of its Affirmative Action Policy.
8.4 Public Entity Crimes Act
In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is
a CMR, 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, CM at Risk, 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 CMR shall result in
cancellation and may result in CMR's debarment.
8.5 No Contingent Fee
CMR warrants that it has not employed or retained any company or person, other than a bona fide employee
working solely for CMR, 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 CMR 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 Assignment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CMR,
under any circumstances, without the prior written consent of City.
8.7 Insurance
The CMR shall comply throughout the term of this Agreement with the insurance requirements stipulated
herein. tt is agreed by the parties that the CMR 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.
(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)yer occurrence for
20
property damage liability. Coverage must include owned vehicles and hired non-owned vehicles. The City must
be named an additional insured in this policy.
8.7.7 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 CMR 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 CMR 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 CMR 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 Agreements 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 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.
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
incompliance with the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
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
21
FOR CONSTRUCTION MANAGER AT RISK:
XXX, President
CMR Firm's name
CMR Firm's Address
XXXX, Florida, XXX
With Copy To:
XXX, President
Firm's name
Firm's Address
XXXX, Florida, XXX
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
CMR 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 CMR'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
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 CMR's trade or possession.
8.12 Exhibits and Attachments
In the event of conflict between the terms contained 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
22
effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CMR 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
CMR shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees.
8.14 As~reement 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 Citv'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 CMR'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, CMR 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 CMR herein, less any sums paid by the City.
CMR hereby expresses its willingness to enter into this Agreement with CMR's recovery from the City for any
damage action for breach of contract to be limited to a maximum the Fee paid to CMR herein, less any sums
paid by the City.
8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CMR hereby agrees
that the City shall not be liable to CMR for damages in an amount in excess the Fee paid to the CMR 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
23
upon City's liability as set forth in Section 768.28, Florida Statutes.
(Remainder of this page left intentionally blank)
24
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written.
FOR CITY:
ATTEST:
By:
City Clerk
FOR CONSTRUCTION
MANAGER AT-RISK:
ATTEST:
By:
Signature /Secretary
Print Name
CITY OF MIAMI BEACH
By:
Mayor
(CMR Firm's Name)
Florida Contractor License: CG-
ay:
Signature /President
Print Name
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 G
(" MP Amendment')
amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction
Manager at Risk, (hereinafter Construction Manager at Risk or CMR), made as of the day
of ,for the following described Project:
Renovation of the Little Stage Theater Complex, Miami Beach, Florida
WHEREAS, the Owner and the Construction Manager at Risk 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 at Risk 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 at Risk'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.
I f. The date of Commencement for the construction of Project shall be
(the "Date of Commencement").
26
g. The Construction Manager at Risk shall achieve Substantial Completion of the Work for this
Project no later than _,_ _ days from the Date of Commencement (the "Contract Time", and
final completion not later than __p 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 at Risk acknowledge and agree that the City will suffer
damages if the Construction Manager at Risk 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 at Risk 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 at Risk 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 at Risk'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
I Manager not to exceed the sum of _ _, T__ ____~._._.____ .__ (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 at Risk 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 at Risk 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 at Risk 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.
27
m. The Construction Manager at Risk'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 at Risk, in writing, to
perform the Work for this Project with the Construction Manager at Risk's own forces, the
salary and wage schedule for the Construction Manager at Risk's personnel performing such
portion of the Work, agreed upon by the City and the Construction Manager at Risk, 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 at Risk 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 at Risk 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 at Risk.
q. This Amendment maybe 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:
ATTEST:
By:
City Clerk
FOR CONSTRUCTION
MANAGER AT-RISK:
ATTEST:
By:
Signature /Secretary
Print Name
CITY OF MIAMI BEACH
By:
Mayor
(CMR Firm's Name)
Florida Contractor License: CG-
By:
Signature /President
Print Name
29
ATTACHMENT I CONTRACT DOCUMENTS:
THE DRAWINGS
ATTACHMENT II CONTRACT DOCUMENTS:
THE SPECIFICATIONS
ATTACHMENT III CONTRACT DOCUMENTS:
GENERAL AND SUPPLEMENTARY CONDITIONS
ATTACHMENT IV CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
ATTACHMENT V CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
30
EXHIBIT II
SCHEDULE
31
EXHIBIT III
DECLARATION
32
EXHIBIT IV
Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes
33
EXHIBIT V
QUESTIONNAIRE
34
EXHIBIT VI
INSURANCE CHECKLIST
35
EXHIBIT VII
A/E AGREEMENT
36
EXHIBIT VIII
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
37
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
EXHIBIT X
PROPOSAL DOCUMENTS
(F:ICAPI\$aIIWURY1Little Stage Theater Complex\S-Acorntheater\S-Acorntheater-031S-Acorntheater-03b\S-Acorntheater-draft.AE
Agreement.20071FinallSchedule E (final).doc)
39
LITTLE STAGE THEATER COMPLEX
SCHEDULE F
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO INC.
See attached General Conditions of the Construction Contract
December 6, 2006
34
00800. GENERAL CONDITIONS:
1. Proiect 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,
pertormance, 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 swell-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 CITY OF MIAMI BEACH
DATE: 07/20/06 I
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-X:X/XX CITY OF MIAMI BEACH
DATE: 07/20/06 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 Work 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 Pavment 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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
Amount of Bond holder's
Ratinas Size
Category
500,001 to 1,000,000 B+ Class I
1, 000, 001 to 2, 000, 000 B+ Class I I
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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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-I~;X/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. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. 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. 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.
[ ] 7.1.4.2. 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 9
9. Royalties 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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, afull-time
competent English speaking superintendent and any necessary
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 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-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 13
15. CITY's Right 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 Ri ht to Sto 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. Assignment:
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 CITY OF MIAMI BEACH
DATE: 07/20/06 15
18. Rights 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. Differing 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-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 16
20. Plans and Working Drawings:
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 Damages 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 alt 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. Warran
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 CITY OF MIAMI BEACH
DATE: 07/20/06 17
24. Suoolementarv Drawinas:
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-?i;X/XX CITY OF MIAMI BEACH
DATE: 07/20/06 1 g
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 shalt 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 pay or 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-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 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 shalt 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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. Legal 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 Damage to Existing 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 CITY OF MIAMI BEACH
DATE: 07/20/06 22
33. Value Enaineerina:
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. Continuing 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. Chances 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-~i:X/XX CITY OF MIAMI BEACH
DATE: 07/20/06 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. Change 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 Change 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
DATE: 07/20/06 2g
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: 07/20/06 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
38.4.2.3. 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
any one 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.
38.6. 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 CITY OF MIAMI BEACH
DATE: 07/20/06 29
39. Notification and Claim for Change 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 Damages 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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
CONSULTANT, 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 Drawings:
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. Failure 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 Drawinas:
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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 CITY OF MIAMI BEACH
DATE: 07/20/06 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 by 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 Sian:
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 CITY OF MIAMI BEACH
DATE: 07/20/06 36
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Up: Citv's Riaht 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 Eauipment:
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. Eaual Employment 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 CITY OF MIAMI BEACH
DATE: 07/20/06 37
54. Proiect 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 CITY OF MIAMI BEACH
DATE: 07/20/06 3g
LITTLE STAGE THEATER COMPLEX
SCHEDULE G
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO. INC.
See Attached Insurance and other Sworn Affidavits.
December 6, 2006
35
SWCIRN STATEMENT Ul~DEit SECTION
2'87.133(. U- ~~ ORIDA STATUTE QN
P
.THIS FARM MUST BE SIGNED AND SWbRN TO IN THE PRESENCE DF A NOTARY
f UBl.IC OR OTHER OFFICER AUTHORIZED T4 ADMINISTER OAT'IiS.
4. This sworn staterr~ent is submitted to G/TzJ ~~ ~ /~~ /~-C f~
[print name of public entity)
by ~ &"~?~" /~4
[print individual's name and title]
for ~r'~~'~1~7V/C ~~77~tti ~ ~N C .
[prin# name of entty su#xnitting sworn statement}
whose business address is 21 ~ .S-'GtiJ
and (if applicable) its FedBral Employer
GrI"~"p'J _ Fo~~T /~z
(FEIN) is GS-~~~o?GC~~ ~
entity has no FEIN, include the Social Secur~y Number of the individual signing this sworn
statement:
Z I understand that a "public entity crime" as defined in .Paragraph 287,133(1 y{g), Florida
tut means a violatlon of any state or federal law bl+ a person with an
re re ated to the transaction of business witfi any business with any public entity
or wi an agen or po~tlCa! subdivision of aM/ other state or oft the United States,
indudin ,but notlt+eg too, any bid or contract tsar goads or services to be to
pro .
any pubic entity or an n or pokticel subdivision of any other state ar of the lJrn'ted
States and ..involve ares~ fraud, theft, briery, collusion, n~dceteering, conspira~:y,
or material misreprasentartlon.
3. I understand ihiet "oorrvk~d" or "oonvicxion" as defned in Paragraph 2@7.133(1)(b
means a finding of guilt or a conviction of a public entity crime, with
or w an ~cetion of gutit, in any federal or state .trial court of record re to
~~~~, rtor btr Indictfnen# or intorrnatfori alter July 1,..1988, as a result ofa jury
jury triall, or entry of a plea of gum or Halo a~ntendere.
4. i understand that an "affiliate" as defined in paragraph 2@7.133 (1 )(®), FI_
mutes means:
9 y A predecessor or successor of a person convicted of a public entity txlme; or
2) An entity under the oorrtrol of any natural pers~ who is active in fist management
of the entlty ar~d who h~ been oorn+icbed of a public entity cxime. The tarn
„affiliate" includes those officers, directors, executives, parrtnara. sharettolder8,
em~oyees, merr~ber8, and agents who are active in the management of an
affflliate• 11~e ~p ~ one Perm of shares Dons
in artother pin, ~ a p~~ ~ ~qu} A a controlling interest
fr~r fair m et vah,e under an arm's lengtht or income an~pr~ persons when npt
that one persawt contr+rats anotlser agreement, shall tae a prima fade cass~
Loirrt venture with a pereon• A person who knowingly antlers into a
Florida during the p ~rn$ ~ ~S jl ~ vic:t d oerfed ari aMl16a~ ~ Mme in
RFQ, N0.2d-04/U5
DAZE: ObR7/05
Pagc 2b of 33
~-f'
5) 1 understand that a "person" as defined in Paragraph 267,133(1 }fie}, II r' s
means any natural person or entity organized under the laws of any~s a pr
United StpteS with the legal power to enter mto a binding contract and which bids or
applies to bid on t~on#racts fbr the provision of goods or services Eat by a public entity,
or which otherwise~tra~tsacts or apQliea to transact business with a public entity. The
term "p$~on'' includes those of~r~, directors, executives, partners, shareholders,
employees, members, end agent$ who are active in management of an entity.
fi} Based on information and belief, the statement which I have marked below is true in
relafiort to the entity submitting this swum statement. ~dtta~ vvhlGh statromant
applies.]
Neither the entity submitting this swum statement nor
executives. partners, shareholders, ' am anX officers, directors,
ployees, members, or agents who are
active in the mana~emen# of the entity, nor any affiiiate of the entt''ttyy has been
Charged with and convicted of a pubMe entity crime subsequent to Jufy~ 1, 1989.
The entity submitting this sworn statement or one or
directors,executir-es, more of its officers,
partners, shareholders, ~emplayees, members or agents
who are active in ement of the , or an af~fiiliate of the entity has hear
charged with and am~ of a pub~c~e~y crime subsequent to July 1, 1989.
The entity submitting this swam statement r
, o one or more of cis ofCrcer3,
directors, executives, .partners, shareholders employees rr-embera, 'or agents
acne active ~ tt~ management of the en~ty, or art af~llate of the entity has
hanged rn~th end cortvicbed of a public entity crime su querrt to .luly 1,
19B9. However, theme has been a subsequent proaeeciing .before a H+aart
officer of the State of Florida, Division of Adrnlnistr8ti~+~e He
Order entered by the .hearing.. Officer detierrrtined .that it w t~~d the Final
interest to placo the eniity submitting this sworn statement on the ~V+p ~lrc
vendor Net. Catgich a copy at the final arderJ
I UNDERSTANDS THAT THE SUBMISSIIUN OF THIS FARM TO THE CONTRACTING
t7FFItfER FOR THE Pt,IBL,IC ENTITY IDENTIF~D IN PARAGRAPH ! ((ONES ABOVE 18
FOR TFtAT PtJBLIC ENTITY ONLY ANQ~ THAT TIC FaR1ii1 18 NAI~t T'HROU~iiH
DECEM~R 31 QF THE CALENDAR YEAR IN yYH~#i IT IS FILED. 1 Atr80
UNDERSTAND THAT 1 AIN REQ1,11RED TO iNFORNI THE PUBt..iC ENTITY PRIDR TQ
ENTERIND tNTO A CONTRACT IN EXCE8$ OF THE ~THRESNOLD AMOUNT
PROVIQEp IN SECTION 2a7.0~1?~ lR. 1 STATUTES FOR CATEGOR1r T1N0 OF
ANY CHANGE IN THE INFORMAT NEI] tN THIS FO.RIYI
natu~
Sworn to and subscribed before me ttris ~~~'- _ day of Ma ~ ~Q'~
.
Personally known
OR Produced identification ~ No#ary Public -State of ~ ~"~~'
~ ~Qi~1~L ~-tG~~ S~ M ~ -02?- o
~'ype of Identification) Y commission expires o~ !~
{Printed typed or statrtped Commissioned name Notary Public} ~ ~ComP NDDS ~
RFQ,IVD. 26•ti4105
DATE: Q6127J(1S iitr 27, 201
Client: 11006
GLAVSTU3
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 05/29/070"'
PRODUCER
Suncoast Insurance Associates
P.O. BOx 22668 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
813 289-5200
INSURERS AFFORDING COVERAGE
NAIC #
INSURED INSURER A: United States Fidelity ~ Guaranty 25887
Glavovic Studio, Inc. INSURER B: Travelers Casualty and Surety Co 19038
215 SW 14th Way INSURER c: New Hampshire Insurance Company 23841
Fort Lauderdale, FL 33312
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR N R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY BL02218704 05/25/07 05/25/08 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY ~ DAMAGE TO RENTED S3DD ODD
CLAIMS MADE ~ OCCUR MED EXP (Any one person) $1 D DDD
PERSONAL 8 ADV INJURY $1 DDD DDD
GENERAL AGGREGATE $2 DDD DDD
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 DDD DDD
POLICY j ROT- LOC
A AUTOMOBILE LIABILITY BL02218704 05/25/07 05/25/08
COMBINED SINGLE LIMIT
E
id
t
s1
DDD
DDD
ANY AUTO a acc
en
)
( ,
,
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Par person) $
X HIRED AUTOS
BODILY INJURY
X
NON-OWNED AUTOS
(Per accident) $
PROPERTY DAMAGE
$
(Par accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC
OTHER THAN $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY - EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND
' UB6908Y45907 05/25/07 05/25/08 X WC STATU- OTH-
EMPLOYERS
LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT SSDD DDD
OFFICERiMEMBER EXCLUDEDT
- E.L. DISEASE - EA EMPLOYEE $500 000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMI7 $5DD DDD
C OTHER professional 4967944 05/25/07 05/25/08 x1,000,000 per claim
Liability x1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Professional Liability is written on a claims-made basis.
Certificate Holder is additional insured as respects the General and Auto
Liability.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN
Capital Improvements Project Off NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attn: Jorge Chartrand IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
777 17 Street, St@ 2DD REPRESENTATIVES.
Miami Beach, FL 33139 Au ORIZED REPRES_ EprnrroE ~~
~1'L Q~..,pL.,
ia~.vrcu ca ~cuvTfual 1 of 2 #S744755/M744754 LMS ®ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.+.......+ ~.+-,~ ~wv uvv~ L OIL i~S744755/M144754
LITTLE STAGE THEATER COMPLEX
SCHEDULE H
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLAVOVIC STUDIO INC.
Best Value Procurement Amendment
December 6, 2006
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System (PIPS), and submit the weekly reports.
(F:\CAP11~al1\NURY\Little Stage Theater Complex\S-Acomtheater\S-Acomtheater-03\S-Acomtheater-03b\S-Acomtheater.AE
Agreement.2007\Final\Glavovic Studio AE Agreement (final 6 18 07).doc)
36
Design Quality Control Plan: Giavovic Sfudio Inc. May 2007
For Little Stage Theater Complex
SCHEDULE
# TASK RISK _ RISK RFSOL l1TInN COST QT4RT FINISH
Task 7 I'LANtfMJ~i,SERVICES _ -- _"- -- --- - - _
~
7 Project Site
reconaissance Renuvadon may requee addmonal swcturat work. Engineer w penonm vrsual mspectron of building b SWCWraI Consultant f o 35 days after m be completed
meeting Task 7.2 determine H additional forensic tesDng for structural issue a report, Ciry t4 NTP for Task 1 by Task 2.4
work is necessary. pursue cost if necessa ry
2 Project Site
reconaiss Scope of replacement vs. refurbishing for hisbncal building Historical consultant k+ coordinate wim sWctural To be determined by 35 days after To be completed
ance
meeting Task 1
2 engineer and design team. Histonc Integrity needs cost estimator NTP for Task 7 by Task 2.4 and
. be maintained.
CMR phase
Project Site
reconai Historic Building Renovatbn vs. Site Development. Indeterminate cost of renovation may impact budget 7o be determined by 35 days after b be completed
ssance
meeting Task t,2 for site. Phasing may be required, cost estimator NTP for Task 1 by Task 2.4
3 Community Design
Workshop Task 1.5.7 Community discussions and site program development at
Community Workshops in order for consultant to proceed Cultural Plaza program deveopment, skate plaza
ro
ram
d hi
t Not applicable Wimin 30 days To be completed
p
g
an
s
oric structures goals need to be of completion of by me end of
supported simultaneously by me city. Task 1.3 Task 2.5
4 Basis of Design
Report Task 1.8 Cost of project exceeds project budget Depends on contnbumng factors. Items could includ e Not applicable Wimin 20 days To be completed
structure) issues in building approved by city, or of completion of by erW of task
design choices approved, or modficatbns have ro be Task 1.7 7.8
5
Basis of Design
Re
rt T
k 1
8
Giavovic studio recommends renovation of existing seawall as a m m n IvviC k
City >o provide NTP to Giavovic studio concurent wd
To be Determined
To be
To be com
leted
po
as
. coral rock, habitat generating seawall, to be inducted in me cure r Little Stage mealer project. D p
design of me site. etermined by me eM of
Task 7.7
6 Task 7.7 Giavovic stud's exceeds me 14 days limit to respond to city's
t GWwvic Sfudio will contact City prbr m 74 days time Not applicable Wimin 20 days 7o be completed
commen limit expiration aM explain me cause of me delay of completion of by me entl of
task 1.6 Task 1.7
7 Task 1.7 Ciry department review bongs up requested charrges mat will imp
t
h Giavovic Studio will contact City prior to continuing, To be Determined Wimin 20 days To be completed
projec
sc
edule/cost and inform City regarding schedule and cost of completion of by me end of
task 1.6 Task 1.7
8 Task 7.7 Miami Beach Historical Board rejects me creatan of a skate plaza
on
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t
it Giavovic Studio will work wim me comments from me Not appliceble Wimin 20 days To be completed
p
j
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task 1.6 Task 1.7
9 Task 1.2 Consultant does can not identify clear single program user as die iry should identify Aumoriry for entire complex at Not applicable Task 1
2 Task 1
6
for buildings. This limits me ability to define the functions forme commencement of project . .
interior and exterior uses of me Little Stage Theater complex
predsely.
10 Task 1.2 Sustainabililry Programme. Project should address sustainabiliry Ciry fo provide support and additional resources to th To be determined Task 1
3 T
issues, at least in the site. Budgetary constraints may limit
project to meet sustainability and environmental goal . ask 2.4
possibilities for this.
Talk 2 DE fICiN" 8 -
1 Verification of Exsting
Condition Task 2.1 Surveyor missed existing cond~wn Giavovic Studio wi~r gu uadc to sub-consultant and as of applicable could delay Delay potemtal
for a revision schedule by 7 Bldays from
days NTP from task
2.1
2 Verification of Ezistlng Utility company failed to indicate their improvement on survey Sub-consultant ro update survey once discrepancy is Not applicable C
k
Condition Task 2.7
loceted ou
1 delay Delay potential
schedule by 7 87tlays from
days NTP hom task
3 Detailed Design Task Design exceeds projected budget during 50% review Giavovic studio to work with Ciry for adjusting design To be determined M
2.2
to meet budget ay delay To be completed
detailed design by me end of
completion Task 2.2
(depending on
l evel of
4 Geotechnical Site conditions do rat albw forme proposed design Giavovic Studp will check wim City for aumorizatwn T o be determi
d
evaluatbn
proceed fuller ne To be comp To be completed
by me end of by me end of
Task 2.2.1 Task 2.2. t
5 Community Design
Review meeting Task Community consensus may be difficult m reach T he City will provide Gdarovic Studer directbn. N ot applicable Concurrently To be completed
2.5 w im me design by me end of
p hase schedule Task 2.2
B Permklirg Review P
Task 2
7 ermitting agendas are too sbw in meir response G iavovic Sfudio can rat aRect mis process, seeks T o be determined P ermittin P
itti
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.
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TO
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B i week
y Bi weekly
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"~ •,. ~`.~ m eeb Task meeti Task 4.
t A
a dditional Services Th
re re
uired
p eater specialization may be requked eased on Master Planning C
h onsultant will request aumonzason.ro hire suD- To be determined based T o be coin T
q
.
ase, co
nsultant. on Scope. b
y me end of o be compkried
by me end of
T ask 1.5 Task 7.5
2 A dditonal Services M arine environmental Specialists may be required based on C lt
a
re required. M
aster Planning Phase. onsu
ant will request aumorizatbn to hire sub- To be determined based T o be comple To be completed
co nsultant. on Scope. by me end of by me entl of
T ask 1.5 T ask 2.5
Pre Award Period (Consultants)
The pre-award period follows the prioritization/approval of negotiations by the City Commission of the
best value consultant. The pre-award period starts with apre-award kickoff meeting, and ends with a
final presentation before the award of the contract.
Objectives of the Pre-award Period:
1. To identify all risk that cannot be controlled by the consultant before design.
2. To minimize all risk before the consultant begins design.
3. To have a coordinated plan before design begins.
During the pre-award period, the best value consultant is to do the following tasks:
1. Create a quality control plan.
2. Create a quality assurance checklist.
3. Create/revise their project schedule.
4. Create a client action item list.
5. Develop a contact list for individuals/departments identified in the project schedule and quality control
plan.
Project Schedule:
The consultant is responsible for creating and proposing a project schedule. The project schedule must
include the major project milestones as well as every meeting and event beyond the consultant's control
that is required for the project to be completed on schedule. The approved consultant schedule will be
forwarded to participants in the project delivery chain. However, the consultant is responsible for
minimizing the risk to the project schedule by reminding participants at scheduled intervals of any event
where their participation is required. For each event or meeting the consultant must identify the following:
1. Specific dates.
2. Participants and their department/agency.
Quality Control
Quality control is the. action that the consultant takes to minimize the risk of not being on time, on budget,
or meeting the client's expectation. The consultant must create a list of risks which includes any risks
identified by the client or project stakeholders. If any risks are not identified, they become unforeseen
conditions. It is therefore the responsibility of the designer to identify potential risks and develop a plan to
minimize the risks.
1. Quality control is setup before the consultant begins, and is practiced during the event.
2. Quality control is the identification and minimization of risk that is preset.
3. Quality control is setup by the consultant, and cannot be specified by the buyer or client.
4. .Quality assurance is merely the checking if the consultant is doing the QC on a predetermined basis.
5. Quality control is technical in nature, Quality Assurance is non-technical.
Definitions:
On-time: delivering in a timely sequence that has been preplanned, and finishing on or before the
anticipated schedule.
On-budget: Staying within the client's budget to meet the stated purpose. It also includes minimizing cost
generated change orders.
Client's satisfaction: Meeting the client's expectations. This is subjective. The consultant must
understand the client's expectations. It is not the client's responsibility to ensure that the consultant
understands. The consultant is at risk, and part of the risk is understanding the client's expectations.
Client expectations may also include the following:
• Meet the quality expectations of all users.
• Not doing repeated work.
• Minimizing the need for the client's personnel to make decisions or spend time solving problems.
• Minimizing the communication on the project.
The consultant is required to create a quality control plan from the following documents:
1. Project requirements (including regulatory/permitting).
2. Risk assessment plan.
3. Lists of other risks identified by other consultants/vendors.
4. Interview minutes.
5. Concerns of the client (user and project manager).
6. The AE checklist (if provided).
7. Other discussion during the pre-award period.
The format of the quality control plan will be:
1. Risk.
2. Date risk occurs.
3. Duration of risk.
4. Plan to minimize risk.
5. Individual(s) andlor department(s)/group(s).
6. Plan to minimize risk.
7. Risk/possible impact to cost.
8. Risk/possible impact to time.
Quality Assurance Checklist:
The consultant must create a quality assurance checklist (a list of each risk in the consultant's quality
control plan in a checklist format). Each week the consultant confirms adherence to their QC plan by
checking off each corresponding risk on their QA checklist. After reviewing and coordinating each risk
item the consultant signs and dates the C,A checklist and delivers it to the client's project manager.
Pre-award Final Meetin4:
The final meeting requirements are:
1. The consultant has a quality control plan and quality assurance checklist that is approved by the
project manager.
2. The consultant has a schedule approved by the project manager.
3. The consultant has provided a client action item list (Item, individual, date due) to the project
manager.
4. The consultant has a verified contact list.
5. The consultant presents their schedule and QC plan to the client, PM, and any other project
stakeholders using Powerpoint (or a similar program).
Weekly Report:
The best value consultant will fill out a weekly report as the site reconnaissance phase begins and
continue throughout the project to the bid phase. The weekly report will be a report by exception and will
only include unforeseen risks. These risks will be limited to items which may cause the time, cost, or
quality of the project to change. This will be a spreadsheet form provided by the client. If the QC plan is
complete, the weekly report will have no entries.
2
Consultant Pre-Award Period /Pre-Award Meeting Checklist
Pre Award Period Activities: Before the pre-award meeting, the potential best value vendor must
complete the following activities:
^ Create a detailed schedule of the entire project illustrating major milestones, events, meetings with
s ecified dates, artici ants and their de artment/a enc .
^ Coordinate the project with all the critical participants (client, project manager, permitting agencies,
stakeholders Burin re-award eriod.
^ Clarify any open issues (which do not have a date and identified accountable person) or concerns
with res onsible arties.
^ Identify the top ten activities that have risk based on time, cost, and quality.
^ Coordinate the project with all client representatives (safety, fire, etc.).
^ Identify any action items needed from the client. Each item should have a due date of when the
consultant needs a res onse and an individual assigned to each item.
^ Prepare list of suggestions to the client on how the consultant can make the project more efficient.
Gain a royal rior to Pre-Award Meetin .
^ Coordinate with subcontractors to make sure there are no issues with the requirements, costs, or
delive schedules.
^ Coordinate any value added items.
^ Review interview statements.
^ Review and minimize any additional risk issues.
^ Review the project requirements in detail for any issues or concerns. Seek clarifications and
a royals for an outstandin issues.
^ Create and verify the contact list.
Pre are the Qualit Control Plan
Pre are the Qualit Assurance Checklist
^ Prepare the Pre-Award Meeting Power Point presentation (see below)
^ Prepare the Pre-Award Document (see below)
Pre Award Meeting Presentation: At the pre-award meeting, the consultant will give a PowerPoint
presentation to address the following:
^ Detailed schedule of the entire project with critical risk milestones including client action items.
^ Review list of critical submittals (to regulatory/permitting agencies)
^ List of Client action items with due dates.
^ Respond to any questions by the client's representatives (minimal.)
^ Review of additional risk items and plan to minimize the risks. This should include impact on cost,
schedule, and "what ifs" at critical oints in the ro'ect.
^ Identification of how the consultant will manage the project. Show how the vendor will minimize the
client's need to make decisions, control, or mana a the ro'ect.
^ Review the Quality Control Plan /.Quality Assurance Checklist
3
Consultant Pre-Award Document
To be considered responsive, the potential best-valued consultant must submit this document along with
the attachments identified below before the award can be made:
Please attach the following documents:
^ Vendors original Proposal Form
^ Vendors original Risk Assessment Plan
^ Vendors interview statements
^ Additional risks identified by other consultants, stakeholders and the client
^ A completed Pre-Award Period Checklist
^ Pre Award presentation slides
^ Pre Award meeting minutes
^ Quality Control Plan
^ Quality Assurance Checklist
The Quality Control Plan must include the following:
^ Detailed project schedule
^ Detailed list of client action items with individuals and dates assigned to each action item
^ Detailed list of all risks (identified by the consultant and other parties) and action or solution to
minimize all risks
^ Subcontractor checklist
Name of Company
Printed Name of Firm Representative
Signature of Firm Representative
4
Attachment 2
Milestones/Activities of CMB Planning/Design
Site Reconnaissance
1. Get all the as-builts, surveys for site
2. Study material
3. Contact all major parties/kickoff meeting (if no preaward meeting)
4. Visit site w/team
5. Identify requirements, risks, formulate design plan
6. Concept plans
7. Rough cost estimate and budget risk
Vision Phase
1. Distribute concept plans
2. AE schedules vision meeting
Attendees: Planning dept., Client dept. -parks & Rec., Parking, Public works,)
3. First Vision Meeting:
a. Present concept plan to all parties
b. Take additional input
4. Modify concept plan
5. Distribute finals to departments for review before final meeting
6. Final meeting: present final vision if needed
7. Confirm community meeting presentation date
Community Meetings
8. Do checklist and get-any additional input from PM/CIP
9. Present to CIP
10. Community meeting I
11. take inputs
12. modify concept plan
13. Community meeting II, information meeting (if needed)
Master Plan and Programming
1. Draft Basis of Design Report (BODR)
2. Coordinate with PM to: conformance to budget
3. Distribute BODR to all city boards, committees, departments
4. Receive final comments and modify draft BODR for commission
5. AE coordinates with PM for commission; AE presents/answers questions if needed
6. Obtain commission approval
Design Phase
1. NTP
2. 30% submittals to CIP
3. Receive/incorporate comments from PM/CIl'
4. Identify cost risk and minimization of risk
5. 60% submittals to city departments and other permitting agencies
6. Receive/incorporate comments
7. Identify cost risk and minimization of risk
8. Submit documents for permitting
9. Receive/incorporate permitting comments
10. Obtain permitting pre-approval
11. Provide technical bid documents to PM
Bid Phase
1. Give technical presentation at prebid meeting
2. Coordinate/attend any site visits
3. Answer RFIs
4. Sit on RA plan rating
5. Sit on interviews
6. Attend pre-award kickoff meeting
Attachment 1
PIPS Construction Selection Process
The PIPS selection process is being used for the award of this contract. The process
includes the following activities and dates:
Activi Date
Education meeting on past performance information:
Pre-bid meeting, designer/PM
explanation of project, site walk:
Bids due (Price, Proposal Form, Cost breakout, Risk
Assessment plan, contract documents)
Shortlisting if required (more than five bidders):
Interviews of key personnel ( );
Best Value Prioritization (selection of contractor):
Pre-award kickoff meeting:
Final presentation:
Contract Award:
Contract contents (PIPS pre-award documents as attachments)
Attachments
1. Reference list instructions
2. Survey Questionaire
3. Proposal
4. Risk Assessment Plan Guide
5. Risk Assessment Plan Format
6. Interview
7. Pre-Award Period
8. Pre-Award Checklist
9. Pre-Award Document
PIPS 2006
ATTACHMENT 1-
Detailed Instructions on How to Prepare a Reference List and How to
Prepare and Send Performance Surveys
CONSTRI'C'TION SERVLCF..S
Overview
The objective of this process is to identify the past performance of a vendor and key components
of their team. This is accomplished by sending survey forms to past customers. The customers
will return the forms directly to the client, and the ratings will be averaged together to obtain a
firm's past performance rating. The figure below illustrates the survey process.
Vendor or Individual
Send/Fax Call to Prepare J~ Email
Surveys to Confirm Reference List
past clients
,r CLIENT
~`
Faxes back to The Client
the Gient Compiles
Information
~y:; • ~.~
Past Customers-~ "r ~"
Figure 1: Survey Process
PIPS 2006
A. Creating and Submitting a Reference List
1. All key components must create a list of past users that will evaluate their past performance.
This will be referred to as a "Reference List".
2. The key components may be different for each project. If you are proposing on a specific
project, please make sure to find out what the critical components are for that project. The
following are the most common key components used:
Key Component Minimum Number of
Surve s allowed Maximum Number of
Surve s allowed
The General Contractor 1 25
The Pro'ect Mana er 1 10
The Site Su erintendent 1 10
The Mechanical Sub-Contractor 1 25
The Electrical Sub-Contractor 1 25
3. The vendor is responsible for selecting their team and for the performance of their team. We
recommend that the vendor use high performing individuals (i.e. project manager, site
superintendent, and any other individuals required on a particular project), as well as high
performing subcontractors.
4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each
firm (GC, Subs), and 10 (ten) for each individual (PM, SS, etc.). The minimum number of
past projects is 1 (one) for each key component. Credit will be given to vendors with more
high performing surveys.
5. The reference list should include the firms/individuals "best" projects. Credit will be given to
vendors I individuals with more high performing surveys.
6. The Reference List must include the following (All fields are required! If you do not submit
all the information required, there will be no credit given for the reference):
CODE A unique (different) number assigned to each pro'ect
FIRST NAME First name of the person who will answer customer satisfaction questions.
LAST NAME Last name of the erson who will answer customer satisfaction questions.
PHONE NUMBER Current phone number for the reference (including area code).
FAX NUMBER Current fax number for the reference (includin area code).
CLIENT NAME Name of the company or institution that the work was performed for (i.e. Cactus
School District, Rock Industries, Ci of Austin .
PROJECT NAME Name of the project (Bird Hi h School A-Wing, Warehouse B, etc.).
[MM DCDO~j ED Date when the project was completed. (i.e. 5/31/1995)
COST OF PROJECT Awarded cost of project ($50,000)
7. The data in the reference list must be submitted via fax to (786) 596-2901 and in electronic
format on a MS Excel spreadsheet file. The file must be emailed to Project Manager, Email
Address and copy Proiect Manager, Email Address.The data must be complete and accurate.
(The format of the file is shown in Figure 2).
8. The vendor is responsible for verifying that their (and their key components) information is
accurate prior to submission.
PIPS 2006
9. The reference list must contain different projects. You cannot have multiple people
evaluating the same j.ob. However, one person may evaluate several different jobs.
A
13 ,~
C ~
, .:: Q
E
F
G
ti ~
I
t
CODE-
..
FIRST-NAME
..
"~'
-Y LAST NAME '~:'~HdNE
~
NUMIBER , ;`FAX ~ _
~ NU#iBER:.
~.,~; ... ~ -
CLFEftT NAME ,.,m
.
PR0.IEC; MAME > D11TE.
COMPL~D' COST OF
; ~ P~
ff4T ;.
2 1 K le Smith 458-963-8562 45&963-8563 Cit of Mesa Mesa Park 5115f1000 336 589
3 2 Geor a Johnson 549-785-9654 549-785-~55 Cit of Mesa Police Buildin 3 6/8/1999 3452,389
4 3 Phil McGill 458-965-7852 458-965-7853 Cit of Mesa Cafeteria #1 7/6/1980 312 648
5 4 Bill Robinson 136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 6f111995 3154 893
6-
7 5
6 Matt
Keith Carni an
Jones 658-9658965
458-965-8523 658-965-8966
458-~5-8524 ADOT
Cit of Gilbert Sta le Road Over as
Road Renovation 1!5!2002
5J4f2003 315,648
34 865 923
8 7 Gilbert Gre 486-9658523 486-965-8523 Cit of Phoenix Street Li ht Installation 7!111990 3456 B76
9 8 Jahn Grecko 486-965-8563 486-9656563 ACG Buildin s Buildin 456 renovation 8Qf1003 3159 764
N ~ - N j Profie Referenc e Ust < ,
Figure 2: Example of Reference List
10. The past projects (on the reference list file) do not have to be similar to the type of project
being bid.
11. The past projects must be completedpast projects (no on-going or substantially complete
projects).
12. The past client/owner must evaluate and complete the survey.
13. All key components must submit their reference list in separate excel files. There must be a
separate excel file for each company and individual participating in the process. Name the
file by the company name or the individual name. Figure 3 shows a sample of the excel files
that must be emailed to the client.
Name
_r..~, d._. _r
ABC Contracting - ReFerence List,xls .
Email Reference
Mark McCraw (Project Managers - ReFerence List,xls ® lists to the client.
Pam Hamilton (Site Superb -Reference List,xls
Spark Electrical Contractors -Reference List,xls
Bob and Sons Mechanical Contractors -Reference List.xls
Figure 3: Submit separate excel files for each component
14. Each key component should inform their past clients about the survey and the deadline for
submission of the information. The client may contact the references for additional
information. If the reference cannot be contacted, there will be no credit given for that
reference.
15. The past performance process is a one-time function. The firm does not have to repeat this
process on future projects. The firm does not have to repeat this on individuals that have
gone through this process. The firm individual may be allowed to update (add more projects)
PIPS 2006
to their list. Please contact Jacob Kashiwagi (480) 727-0785 with information on how to do
this.
16. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list
information (discussed above), and the second tab contains the company or individual profile.
The profile tab contains information about the key component (firm or individual). Fill out
the company information if the excel file is for the GC or Sub. Fill out the individual
information if the excel file is for an individual. DO NOT fill out both sections in one excel
file. (Remember: each component will have their own excel file).
A _e` _ C< Q E F
+K
Please Fill out only one of the forms below. If this reference list is for a company, please use the Company form on top.
If this reference list is for and individual, please put their information in the second form below. DO NOT fill out both.
`1 Remember there must be a separate excel file for each individual participating in the process.
Company Name
Type;
Point of Contact.
Phone Number
Fax Number
Email:
Companies
ABC Contractors
General Contractor
.Bob Mcville
35686479231
356 794624
b. vil a .com
(General, Roofing, Mechanical, etc.)
OR
Individuals
i h~dividual Name:
' TYpe~ (Project Manager, Site Super, etc.) ;
Company Name:
~ Phone Number: -
Fax Number:
Email•
• v
~ - -i ; Profile Reference List ~ ~ 3 ~ ~ _~
Figure 4: Example of the Profile tab.
This tab contains information about the key component (whether it is an individual or firm)
PIl'S 2006
B. Preparing the Surveys
1. Each key component is responsible for sending out a survey questionnaire to each of their
past clients. The survey questionnaire is provided in this document.
2. Each key component should enter the Survey ID (Code), past clients contact information, and
project information on each survey form for each reference. The team member should also
enter the name of the firm and/or individual being surveyed.
3. All the information on the survey form must match the reference information in the excel file
(see Figure 5).
'D
H
Robinson 486-965-8523 486.965.8523 Cit of Phoenix Street Li ht Installation 7!211990 f456 876
8 Jo Grecko 48Cr9658563 486.9658563 ACG Buddin s Buildin 456 renovation 8QQ003 5159 764 ,v
~ - x, _Rolle _.. ...,.. _ ~
_. ----- L_at
>. -
Survey Questionnaire
{Construction Services)
i Survey ID ~ 3 j
`fo ~ _ Phil McGill ---.. - -_ _ ---__ ~.,r
ii. (!frame of person completing survey)
iPhone: 458 965 7852 -.__ ~ Fax . _~ X58-965-7853.. -
I_ _ -.... __.. __. _ __ _ ---- _-_ __ --- - _-...~- _.
Sub1ect: Past Performance Survey of: ABC Contractors
_.... .
A Client is implementing a process that collects past performance information on firms and their key
personnel. The information will be used to assist the client in the selection of firms to perform various
projects. The firmindividual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale of 7 to 10, with 70 representing that you were very satisfied (and
would hire the firmrindivxfual again) and 1 representing that you were very unsatisfied (and unuld never
hire the firrr/indivrdual again). Please rate each of the criteria to the best of your knowledge. !f you do
not have sufficient kno~dedge of past performance in a particular arcs, leave it blank.
CClient Name. ; Ciy of Mesa - ____ _._ _ ..
;Project Name: _ , ~afeteria..> 1_...._....._..__....._.........._...._...__._..._..._.._...._...._....._..._ ............._....._
_ _ _ . _ _ t.......___.~ ___.._..__.__..._..._.._..._.._.....__._.__..._..._.._.._.__..__.__...._.._
fro/ect Completion Date:: 1,`61980
1 ~ Ability to manage the project cost (minimize change orders) I (1-1
Figure 5: Example of Survey Form. The information must match the excel file.
To save work in the future, list all key individuals on the survey that participated on the project.
PIPS 2006
4. If a reference will be evaluating several team members (such as the GC, SS, and PM), please
list all of the members on the survey form to get credit for all the areas (as shown in Figure
5).
5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the
project, you cannot list another individual as a PM on that same project).
6. Each key component is responsible for making sure that their past clients receive the survey,
complete the survey, and return the survey back to the present client. The survey must be
sent directly from the past client to present client. Be sure to indicate to your clients the due
date when the survey should be faxed in to the present client.
7. The present client may contact the reference for additional information or to clarify survey
data. If the reference cannot be contacted, there will be no credit given for that reference.
PIPS 2006
Survey Questionnaire {Construction Services)
To:
Phone:
Subject: Past Performance Survey of:
Fax:
(Name of Company)
(Name of Individuals)
Baptist Health South Florida is implementing a process that collects past performance information on fums
and their key personnel. The information will be used to assist BHSF in the selection of fuTns to perform
various projects. The firm/individual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale oJ1 to 10, with ]0 representing that you were very satisfied (and would
hire thefirm/individual again) and 1 representing thatyou were very unsatisfied (and would never hire the
firm individual again). Please rate each of the criteria to the best of your knowledge. If you do not have
sufficient knowledge of past performance in a particular area, leave it blank.
Client Name:
Project Name:
Completion Date:
NO CRITERIA iJNIT
1 Ability to manage the project cost (minimize change orders) (1-10)
2 Ability to maintain project schedule (complete on-time or early) (1-10)
3 Quality of workmanship (1-10)
4 Professionalism and ability to manage (includes responses and prompt
ayment to su liers and subcontractors) (1-10)
5 Close out process (no punch list upon turnover, warranties, as-builts, operating
manuals, tax clearance, etc. submitted ro tl (1-10)
6 Communication, explanation of risk, and documentation (1-10)
~ Ability to follow the users rules, regulations, and requirements (housekeeping,
safe ,etc...) (1-10)
8 Overall customer satisfaction and hiring again based on performance (comfort
level in hirin contractor a ain)
(1-10)
Please fax the completed survey, no later than the due date and time specified in the solicitation, to
the attention of at FAX or email at
.Thank you for your assistance.
Survey ID
(Name of person completing survey)
PIl'S 2006
ATTACHMENT 3-
Proposal Form
The Proposal Form must be completed and sent to the FAA along with the Risk Assessment Plan,
as part of your submittal. Attach one copy of this form to the Risk Assessment Plan
Name of General Contractor:
Name of Project Manager (person):
Name of Site Superintendent (person):
Name of Mechanical Subcontractor:
Name of Electrical Subcontractor:
Project Duration:
Total Lump Sum:
(Calendaz Days)
Cost Breakout (note: Put on a separate page. The closer the bid price is to the budget, the more
detailed it should be. The bid price will be given to the raters at the time of the interview.)
PIPS 2006
ATTACHMENT 4-
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment (RA) plan is to capture the vendor's ability to preplan (identify the
risks on a future project in tenors of cost ($), time, and client expectation of quality and performance). The
RA plan is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a project.
2. Provide high performing vendors the opportunity to differentiate themselves due to their experience
and expertise.
3. Giving the competitive edge to experienced companies who have done the type of work before, who
can see the job from beginning to end, and who know how to minimize the risk.
4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they
aze not selected, the selected company will minimize the risk and provide the client with a comparable
performance.
Vendors should keep in the mind that the RA plan is only one step in the selection process. If all the RA
plans aze the same, the RA plan will have little impact in the selection (other factors, such as past
performance and interview will dictate the selection). The RA plan will become part of the contract.
RA Plan Format
The format for the RA plan is attached. The RA Plan should clearly address the following items in a non-
technical manner:
1. List and prioritize major risk items or decisions to be made that are unique to this project. This
includes items that may cause the project to not be completed on time, not fmished within budget,
generate any change orders, or may be a source of dissatisfaction for the owner. Attach a cost ($), time
extension, or quality differential for every risk.
2. Explain how the vendor will avoid /minimize the risk. If the vendor has a unique method to minimize
the risk, it should be explained in non-technical terms.
3. Propose any options that could increase the value (expectation or quality) of their work. List any value
or differential that the vendor is bringing to the project.
4. Attach a schedule with up to six major milestones and weeks of each major task.
No names!!! - In order to minimize any bias by the evaluatiori committee, the RA Plans must not contain
ANY names (such as contractor, manufacturer, or designer names, personnel names, project names,
product names, or company letterhead). The RA Plans should not contain any marketing information.
Leneth -The client's goal is to make the selection process as efficient as possible: Efficiency is to
minimize the effort of all participants, especially those who will not get the project. Therefore, the RA plan
should be a brief, well organized and concise. The RA plan must not exceed 2 pages.
Font size -The font should be no smaller than 12 point.
Organization -Outline format. The attached format is only a sample.
PIPS 2006
Imaact of Risks
Risks are any items that you should be concerned with throughout the entire project. They are the most
critical items that can impact the cost, time , or quality expectation of the client. Think through the project.
What would bother the client? Why would you have to communicate with the client? What would make
someone call the client's representative and cause them stress? The risks should be prioritized, or listed in
order by the greatest risks at the top to the lowest risk in descending order. Each risk should have a cost
and/or time concern. If the risk has cost implications, the actual estimated cost should be listed. If it has
time concerns, the number of days should be listed.
Rating of Risk Assessment Plans
RA plans will be rated by 3 or 4 individuals (technical and non-technical.)
Rating criteria will be:
1. The understanding and minimization of risks.
2. Contractor's differentiation of their value.
3. Schedule.
The process will take no more than 30 minutes. They will prioritize the best (10) to the worst (1). If they
all look alike, they are directed to give all "Ss" and the project will be determined on the other factors.
Checklist for Risk Assessment Plan
1. Are all names removed from the RA plan: personal, project, or company names?
2. Does every risk have a cost or time attached to it?
3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive
others are not doing it)
4. Does the RA plan include all service, quality control processes, documentation that you do that your
competition does not.
5. Are you including PR risks such as interfacing with project managers, users of the facility, or
audit/inspectionperconnel?
6. Do you have a simple schedule with major milestones?
7. Do you understand that anything you list becomes a part of your contract?
8. Does your RA plan differentiate you? By how much?
9. Can your RA plan make anon-technical person comfortable with hiring you?
10. Did you number the pages of the risk assessment plan?
11. Did you make 4 copies of your RA plan?
If all items are checked, your risk assessment plan is ready to submit.
PIPS 2006
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risks fast). Indicate the potential impact to cost (in terms of $),
arid/Oi Schedule (in terms Of Caleridar Days). You may add/delete the risk tables below as necessary.
Maior Risk Items
Risk 1:
Impact:
Solution:
Risk 2:
Impact:
Solution:
Risk 3:
Impact:
Solution:
Risk 4:
Impact:
Solution:
Risk 5:
Impact:
Solution:
Risk 6:
Impact:
Solution:
Risk 7:
Impact:
Solution:
Risk $:
Impact:
Solution:
Risk 9:
Impact:
Solution:
Risk 10:
Impact:
Solution:
Cost ($) Schedule (Days)
Cost ($) Schedule (Days)
-----
Cost ($) Schedule (Days)
Cost ($)
Schedule (Days)
Cost $ ------.-..._.--
() Schedule (Days)
Cost $ - ----__.__._._
() Schedule (Days)
Cost ($)
Schedule (Days)
Cost $
() Schedule (Days)
Cost ($) Schedule (Days)
Cost ($) Schedule (Days)
PIPS 2006
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
schedule, COSt, of eXpectatiori. 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:
Cost ($) Schedule (Days)
Cost ($) Schedule (Days)
Cost $ ----~-----. _ _
() Schedule (Days)
Lost ($)
Cost ($)
Schedule (maximum six milestones)
Milestones (start, finish, no of workdays)
Total number of workdays
Schedule (Days)
Schedule (Days)
PIPS 2006
ATTACHMENT 6-
Interview of Key Personnel
Introduction
The purpose of the interview is to rate the following of key individuals:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and have they
preplanned for them.
3. Can they continuously improve.
4. .Can they measure their own performance.
5. Can they minimize change orders, additional charges, and customer dissatisfaction.
Format
The key personnel (project manager and/or site superintendent) will have a 20 minute question and answer
session. The interview will cover the above points. The key personnel will be interviewed alone. If the
client's rules allow other individuals to sit in the interview, they will sit in the rear, and cannot participate.
They will be questioned by the client's project manager and few other individuals who may include the
procurement agent and the client's user. The raters will excuse the key personnel and rate them based on
the above criteria.
Impact of Interview Rating
The interview rating will be considered along with the Risk Assessment Plan rating and the past
performance information to prioritize the contractors.
PIPS 2006
ATTACHMENT 7-
Pre Award Period
The pre-award period follows the prioritization of the best value contractor. The pre-award period starts
with apre-award kickoff meeting, and ends with a final presentation before the award of the contract.
During the pre-award period, the best value contractor is to do the following tasks:
Create a quality control plan from the following documents:
1. Risk assessment plan.
2. Lists of other risks identified by other contractors.
3. Concerns of the client (user and project manager.)
4. Specification and drawings.
5. Interview minutes.
6. Other discussion during the pre-award period.
The format of the quality control plan will be:
1. Risk.
2. Plan to minimize risk.
Create a quality assurance checklist, which will be checked weekly by the contractor, signed, and delivered
to the client's project manager. The checklist will list risks only in abbreviated format with checkboxes. A
signature block by the site superintendent and project manager is required on the bottom with a date block.
Obiective of Pre-award Period
The objective of the pre-award period is to have the contractor do preconstruction services to ensure they
have a quality control plan in place. The contractor is responsible for:
1. Identifying items that cannot be constructed and function as designed or which can be improved.
2. Seek assistance from the designer.
3. Give construction recommendations.
4. Coordinate the drawings, specifications, and schedule with all the subcontractors.
Scope changes during the pre-awazd period will result in change of price. However, the client can stop the
process or go to another contractor if the price is perceived as too costly.
Pre-award Final Meetine
The final meeting requirements are:
1. The contractor has a quality control plan and quality assurance checklist that is approved by the project
manager and designer.
2. The contractor has finished the checklist.
3. Contractor presents to the client, PM, and designer using PowerPoint presentation.
Weekly Report
The best value contractor will fill out a weekly report during construction that will list items which may
cause the time, cost, or quality to change. This will be a spreadsheet form provided by the client. If the QC
plan is complete, the weekly report will have no entries.
PIPS 2006
Pre-Award Period /Pre-Award Meeting Checklist
Pre Award Period Activities: Before the pre-award meeting, the potential best value vendor must
complete the following activities:
^ Create a detailed schedule of the entire project illustrating critical tasks, risk and decision milestones.
^ Coordinate the project with all the critical participants (project manager, designer, subcontractors, material
su liers durin re-award eriod.
^ Clarify any open issues (do not have a date and identified accountable person) or concerns with responsible
arties.
^ Identify the top ten activities that have risk based on time, cost, and quality.
^ Coordinate the project with all Clients representatives (safety, fire, etc.). Ensure that the vendor can meet
their re uirements.
^ Identify any action items needed from the Client. Each item should have a due date of when the vendor
needs a response and an individual assigned to each item.
^ Prepare list of suggestions to the Client on how the vendor can make the project more efficient. Gain
a royal rior to Pre-Award Meetin .
^ Coordinate with suppliers and subcontractors to make sure there are no issues with the requirements, costs, or
delive schedules.
^ Coordinate any value added items.
^ Review interview statements.
^ Review and' minimize any additional risk issues.
^ Review the design or requirement in detail for any issues or concerns. Seek clarifications and approvals for
an contractor VE ro osals.
^ Gain approval of critical submittals.
Pr are the uali Control Plan
Pre are the ali Assurance Checklist
^ Prepare the Pre-Award Meeting Power Point presentation (see below)
^ Prepare the Pre-Award Document (see below)
Pre Award Meeting Presentation: At the pre-award meeting, the vendor will give a PowerPoint
presentation to address the following:
^ Detailed schedule of the entire project with critical risk milestones including client action items.
^ Review list of critical submittals.
^ List of Client action items with due dates.
^ Respond to any questions by the client's representatives (minimal.)
^ Review of additional risk items and plan to minimize the risks. This should include impact on cost, schedule,
and "what ifs" at critical oints in the ro'ect.
^ Review the approved list of value added items.
^ Identification of how the vendor will manage the project. Show how the vendor will minimize the Clients
need to make decisions, control, or mana a the ro'ect.
^ Review the Quality Control Plan /Quality Assurance Checklist
PIPS 2006
Pre-Award Document
To be considered responsive, the potential best-valued contractor must submit this document along with the
attachments identified below before the award can be made:
Please attach the following documents:
^ Vendors original Proposal Form
^ Vendors original Risk Assessment Plan
^ Vendors interview statements
^ Additional risks identified by other vendors and the client
^ A completed Pre-Award Period Checklist
^ Pre-Award presentation slides
^ Pre-Award meeting minutes
^ Quality Control Plan
^ Quality Assurance Checklist
The Quality Control Plan must include the following:
^ Detailed project schedule
^ Detailed list of client action items with individuals and dates assigned to each action item
^ Detailed list of all risks (identified by the vendor, and other parties) and action or solution to minimize all
risks
^ Supplier and Subcontractor checklist
game or Company
Printed Name of Firm Representative Signature of Firm Representative
PIPS 2006
January 19, 2007
Subject: Quality Control Plan Request to Best Value Contractor on
Neighborhood Project
To: Jorge Chartrand
CMB CIP
Jorge:
Request that the best value contractor be requested to do a quality control plan and
schedule that identifies how they will minimize the risk that they do not control. In
Attachment 1 (Quality Control Plan explanation) and Attachment 2 (Quality Control Plan
Example), the Quality Control Plan is identified as a document that explains how a
contractor will minimize the risk that they do not control. Any risk has to be related to a
schedule date. The City of Miami Beach can also at this time list any concerns with the
project, and these also have to be minimized by the contractor. The QC plan will become
a part of the contract. The contractor should have one to two weeks to generate their QC
plan. If the contractor has any questions, please let me know.
Thanks,
signed
Dean Kashiwagi
Attachments
1. QC Plan Explanation
2. QC Plan Examples
Attachment 1
Quality Control Plan Explanation
January 2, 2007
Objective of OC Plan
The objective of the contractor's quality control plan is to identify risk that the contractor
does not control or risk that is impacted by factors that the contractor does not control,
and how the contractor will attempt to minimize the risk.
Best Value Procurement Implication
In best value procurement, the best value (awarded based on performance and price, with
an emphasis on performance) is requested to create the QC plan. The best value should
have the following characteristics or should not be selected:
1. Technical skills to perform the requirements of the specifications and drawings.
2. Ability to schedule to finish on-time.
3. Ability to finish the project for the proposed cost (including profit and overhead.)
Under these conditions, the risk will not be technical risk. The risk is risk that occurs in
the interface between the contractor and participants and events that they have no control
over. This is the objective of the QC plan, to control the risks in the interface area, the
risks that they have no control over.
If the contractor does not identify the risk that they do not control, the contractor is
stating that the risk (stated or not stated) is under their control and a part of their contract
to meet the intent of the client.
Location of the OC Plan in the Best Value Process
The QC plan is in the pre-award period of the process (Figure 1.) Only one contractor
creates a quality control plan.
The input for the QC plan comes from the following documents and sources:
1. Their proposed risk assessment plan.
2. Their interview.
3. Risks identified by all other contractors.
4. Concerns of the client's representatives.
The risk assessment plan should identify risk to do the intent of the client: The risk
assessment plan does not cover the risk of out of scope, overdesign, and technically
wrong requirements. If a performing contractor is proposing on the project in best value
procurement, they are saying "I have the technical expertise to complete this project and
meet the intent of the client." Therefore, the risk assessment plan should include risks to
the project that the contractor does not control. The exception, is the clarification of the
intent of the client which could lead to risk on the project. These risks are quickly
clarified, and added to the technical specifications.
Everything that a contractor's representative says about how they will minimize risk that
they don't control will be used in the QC plan. The interview comments on the technical
knowledge of the contractor's representatives are not used in the QC plan. This identifies
the importance of identifying how the representative will handle risk that they do not
control in the interview. Another way of explaining the importance of the interview is
the objective to confirm that the contractor is thinking about the interest of the client and
other participants in the construction project, and not only their own interest.
Risks from all the other contractors is given to the best value contractor to ensure that
they aze identifying all the risks that they do not control. This forces the contractor to do
what a best value contractor would do, to think in the best interest of the client. One of
the objectives of best value contracting is to hire a contractor who is representing the
client's best interest. The contractual requirement is to "act in the best interest of the
client." The legal direction is to act in the best interest of the client by attempting to
minimize the risk that the contractor does not control. The ability to minimize risk that
the contractor does not control is the differentiating factor among performing contractors.
It is important to realize that it is not the responsibility of the contractor to overcome the
risk, but merely to attempt to minimize the risk through logical, effective effort.
There have been some opinions that the risks of other contractors are proprietary. If it is
an issue, the contractors should be given the choice of whether their risks are given to
other contractors. It is proprietary only when the contractor determines it is proprietary.
The value added portion of the proposal is never given to other contractors without the
permission of the contractor. Minimizing risk that you do not control is a Type A
function. A performing contractor will realize that by giving their identified risks to the
best value contractor, it is a leveling function that forces a competitor to do as the
performer would have done. If a contractor is not a performer, their risk assessment is
razely beneficial to the best value contractor.
The last input to the quality control plan is the concerns of the client. The identification
of these concerns is more of a clarification of the understanding of the client's intent in
the best value process. It in no way changes the technical scope or amount of work of the
contractor, but merely confirms that the contractor has understood the intent of the client.
This is one of the major objectives of negotiation, to confirm that the contractor who is
being hired understands the client's intent.
Leal Implications of the Ouality Control (QC) Plan
The QC plan becomes a part of the contractor's, contract. It is a partner to the
requirements, specifications and drawings. The requirements, specifications and
drawings is the technical requirement for which the contractor is proposing to use their
technical skills to control and perform. The QC plan is to attempt to minimize the risks
that affect the project which the contractor does not control. The QC plan also reinforces
what is in the requirements. If something is not addressed or incompletely addressed in
the requirements, the QC plan clearly defines the extent of the requirements.
The QC plan is like a "chameleon." It protects a high performance contractor who is
thinking in the best interest of the client. If the contractor goes through their QC risk
minimization steps, and the risk still occurs, the risk is now clearly identified as
unforeseen risk and is the responsibility of the client. However, the high performance
contractor continues to track, minimize, and assist the client to minimize the risk. This is
ensured by the weekly report, and the performance rating that the contractor gets both on
the weekly report and at the end of the project.
The QC plan protects the client, when the contractor is not a high performance contractor,
forcing the contractor to use logic to minimize risk and to be efficient. It is important for
the client to know the following:
1. Research shows that the risk that the contractor does not control is usually the
responsibility of the client.
2. In the traditional price based awards, no one is minimizing the uncontrolled risk. A
natural result is finger pointing.
3. If the results of uncontrolled risk has been assigned to anyone, it is the client's project
manager, who does not usually have the authority, power or leverage, or the attention
of those that needs to minimize the risk.
4. The contractor is in the best position to minimize the risk, because they are closest to
the risk, and should have control over the construction project.
Attachment 2
Quality Control Plan Examples
January 2, 2007
This quality control plan includes a schedule with critical milestones. It also includes a
list of client representative functions (client, PM, user, etc....)
Risk: Un-foreseen conditions.
Minimization of risk
1. The following steps will be taken to minimize the risk
2. Justify that it is an unforeseen risk
3. Identify solution cost. time imQact )
4. Identify players who need to take action
5. Coordinate with all players.
6. Track on weekly and ensure that the risk is followed un unon until it is minimized.
Risk: the client or user representative does not perform a predetermined function
Minimization of risk
1. A list of client actions is listed below.
2. The following steps will be taken to minimize the risk of these actions not happening.
3. Every participant will attend .the final pre-award meeting.
4. They will be contacted every week starting four weeks ahead of their milestone date.
5. If their task is unusually difficult due to coordination requirements, they will be called
more frequently.
6. If the participant does not meet the milestone date, the activity becomes an
unforeseen risk (with time and cost impact.)
7. The risk will be monitored weekly until the risk is resolved.
Risk: Fire inspector comes in and requires more devices than previously approved.
Minimization of risk
1. Identify how many and where the devices need to be installed.
2. Identify additional cost and time.
3. Coordinate with designer, project manager, and fire inspector.
4. Go ahead and install devices, and document on the weekly for the client. Submit
change order request.
Risk: In installing the roof, bituminous fumes may sicken some of the building
occupants.
Minimization of risk
1. Contractor will coordinate with the facility manager, the zone manager, and all
offices of the building to alert them to the roof installation and a presentation on the
roof installation to be given two weeks before the roofing.
2. Pass out a flyer to all occupants of the building about the roofing meeting.
3. Encourage those who are allergic to minimize their stay in and around the building
during the installation.
4. Educate occupants on precautions that are being taken. Explain why bitumen is used
for waterproofing and the benefits of such a roof.
5. Give all occupants a cell phone number to call in case of emergency.
6. Wrap all intakes on the building. Ensure that windows are closed.
7. Walk the building in the morning and evening, checking with lazge offices.
8. Make sure signs are posted with start and finish dates.
Risk: Client does not make decision in a timely manner to allow contractor to stay
with schedule.
Minimization of risk
1. Bring client into pre-awazd phase to show schedule, impact of changes, and time of
decision.
2. Bring information to client two weeks ahead of time and listen to client's feedback.
3. Coordinate three times within the two weeks.
4. Coordinate schedule with client, showing when decision has to be made.
5. Identify the schedule of events if the client cannot make a decision.
6. Follow through with plan, report risk on the weekly report, and propose how to
minimize the risk.
Risk: Cold water fountain that is requested in the main hall, does not have water
source and power connections on the drawings.
Minimization of risk
1. The cold water fountain design has been modified and added to the specifications and
drawings.
2. The design has been approved by the project manager and designer.
3. This risk is being removed from the quality control plan.
Risk: Contract requirement is to install doors and have the client outsourced
wiring/security firm wire the doors to the building system. The client's
subcontractor does not come usually show up until all their work is ready to go.
They are needed at the right time to support the fast track schedule.
Minimization of risk
1. The schedule will be set during the pre-award period.
2. The latest date that they are required will be listed as a critical milestone.
3. The security firm shall be identified as risk, and shall be invited to the pre-award
meeting.
4. All submittals will be checked with the vendor.
5. The schedule shall be sent to the subcontractor once a week, and verbally
communicated the week before the installation is to take place.
6. If the vendor seems to have a scheduling problem, the general contractor will
immediately list on the weekly as a risk, and follow up every two or three days.
7. If the vendor does not respond or it is perceived that they will not respond by the
milestone date, the risk will be highlighted and elevated to the upper management,
and put on the weekly report.
8. The risk will then be identified as an unforeseen risk (with time and cost implications)
and the project manager will respond.
9. All actions on this vendor shall be coordinated with all participants.
Risk: The storefront door is a long lead item. It is part of the glazing submittal.
The package has to be approved in a timely manner to allow the storefront doors to
be ordered.
Minimization of risk
1. The glazing package submittal is identified on the schedule as a critical milestone.
2. If the submittal is not approved by the scheduled date, the item will go on the weekly
report.
3. The item will be updated weekly until the task is achieved.
Risk: The client's intent/specifications did not include sufficient fire devices.
Minimization of risk
1. Contractor will determine how many devices are required.
2. The design drawings will be modified, and the installation of the devices will be
included.
3. The contractor will cost the installation with multiple subcontractors or with their
subcontractor on the project. The prices will be broken out and validated.
4. The general contractor will submit the costs plus OH&P, and get approval from the
client in a timely manner (with expected reply.)
S. If the client approves, the contractor will install the fire devices.
Quality Control Plan
January 2, 2007
This quality control plan includes a schedule with critical milestones. It also includes a
list of client representative functions (client, PM, user, etc....)
Risk: Un-forseen conditions.
Minimization of risk
1. The followine steps -will be taken to minimize the risk
2. Justify that it is an unforeseen risk
3. Identify solution cost, time impact )
4. Identify players who need to take action
5. Coordinate with all players.
6. Track on weekly and ensure that the risk is followed un unon until it is minimized.
Risk: the client or user representative does not perform a predetermined function
Minimization of risk
A list of client actions is listed below..
The following steps will be taken to minimize the risk of these actions not happening.
Every participant will attend the final pre-award meeting.
They will be contacted every week starting four weeks ahead of their milestone date.
If their task is unusually difficult due to coordination requirements, they will be called
more frequently.
If the participant does not meet the milestone date, the activity becomes an unforeseen
risk (with time and cost impact.)
The risk will be monitored weekly until the risk is resolved.
List of client functions
Risk: Fire inspector comes in and requires more devices than previously approved.
Minimization of risk
1. Identify how many and where the devices need to be installed.
2. Identify additional cost and time.
3. Coordinate with designer, project manager, and fire inspector.
4. Go ahead and install devices, and document on the weekly for the client. Submit
change order request.
Risk: In installing the roof, bituminous fumes may sicken some of the building
occupants.
Minimization of risk
1. Contractor wilt coordinate with the facility manager, the zone manager, and all
offices of the building to alert them to the roof installation and a presentation on the
roof installation to be given two weeks before the roofing.
2. Pass out a flyer to all occupants of the building about the roofing meeting.
3. Encourage those who are allergic to minimize their stay in and azound the building
during the installation.
4. Educate occupants on precautions that are being taken. Explain why bitumen is used
for waterproofing and the benefits of such a roof.
5. Give all occupants a cell phone number to call in case of emergency.
6. Wrap all intakes on the building. Ensure that windows aze closed.
7. Walk the building in the morning and evening, checking with large offices.
8. Make sure signs are posted with start and finish dates.
Risk: Client does not make decision in a timely manner to allow contractor to stay
with schedule.
Minimization of risk
1. Bring client into pre-award phase to show schedule, impact of changes, and time of
decision.
2. Bring information to client two weeks ahead of time and listen to client's feedback.
3. Coordinate three times within the two weeks.
4. Coordinate schedule with client, showing when decision has to be made.
5. Identify the schedule of events if the client cannot make a decision.
6. Follow through with plan, report risk on the weekly report, and propose how to
minimize the risk.
Risk: Cold water fountain that is requested in the main hall, does not have water
source and power connections on the drawings.
Minimization of risk
1. The cold water fountain design has been modified and added to the specifications and
drawings.
2. The design has been approved by the project manager and designer.
3. This risk is being removed from the quality control plan.
Risk: Contract requirement is to install doors and have the client outsourced
wiring/security firm wire the doors to the building system. The client's
subcontractor does not come usually show up until all their work is ready to go.
They are needed at the right time to support the fast track schedule.
Minimization of risk
1. The schedule will be set during the pre-award period.
2. The latest date that they aze required will be listed as a critical milestone.
3. The security firm shall be identified as risk, and shall be invited to the pre-award
meeting.
4. All submittals will be checked with the vendor.
5. The schedule shall be sent to the subcontractor once a week, and verbally
communicated the week before the installation is to take place.
6. If the vendor seems to have a scheduling problem, the general contractor will
immediately list on the weekly as a risk, and follow up every two or three days.
7. If the vendor does not respond or it is perceived that they will not respond by the
milestone date, the risk will be highlighted and elevated to the upper management,
and put on the weekly report.
8. The risk will then be identified as an unforeseen risk (with time and cost implications)
and the project manager will respond.
9. All actions on this vendor shall be coordinated with all participants.
Risk: The storefront door is a tong lead item. It is part of the glazing submittal.
The package has to be approved in a timely manner to allow the storefront doors to
be ordered.
Minimization of risk
1. The glazing package submittal is identified on the schedule as a critical milestone.
2. If the submittal is not approved by the scheduled date, the item will go on the weekly
report.
3. The item will be updated weekly until the task is achieved.