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MCM Corporation 10th Street Auditorium Rehab AGREEMENT FOR PRE-CONSTRUCTION SERVICES BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND MCM CORPORATION, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES (PRE CONSTRUCTION SERVICES) FOR THE RENOVATION AND CONSTRUCTION OF THE 10TH STREET AUDITORIUM /BEACH PATROL HEADQUARTERS THIS AGREEMENT, made and entered into this ~0 day of ~u !? ~ , 2007, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter City), and MCM CORPORATION, a Florida corporation whose address is 6201 SW 70'h Street, Second Floor, Miami, FI., 33143 (hereinafter Construction Manager or CM). WITNESSETH: WHEREAS, the City intends to renovate the existing 10th Street Auditorium /Beach Patrol Headquarters and desires to engage the services of CM; and WHEREAS, the CM desires to act as Construction Manager At-Risk to the City to provide the services as set forth in this Agreement. NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as follows: ARTICLE I DEFINITIONS The following terms shall have the meanings specified below; any capitalized terms referred to herein and not defined shall have the meanings set forth in the Agreement between City and CM: 1.1 Architect/Engineer orA/E: The "Architect/Engineer" or "A/E"shall mean that person orfirm designated as the architect/engineerfnr 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 III hereto (also referred to as the 1 A/E Agreement). For purposes of this Agreement, the Architect/Engineer for the Project is STA Architectural Group, whose principal address is 3526 North Miami Avenue, Miami, Florida, 33127. 1.2 Bonds: The "Bonds" shall mean the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond furnished by the CM as required by this Agreement. 1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid for the Bond (s). 1.4 Budget: The minimum amount established by the City for this Project. CM herein acknowledges that, prior to execution of this Agreement; it has received the City's written Budget of $6,500,000 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. 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 maybe 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 also 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. 2 1.7 City Manager: The "City Manager" shall mean the Chief Administrative Officer of the City. The City Manager shall be construed to include any duly authorized designees, including, a Program Coordinator, and shall serve as the City's representative to whom administrative requests for approval shall be made and who shall issue authorizations exclusive of those authorizations reserved to the City Commission, to the CM. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the CM pursuant to the Scope of Services set forth in this Agreement, as same may be amended from time to time. 1.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement, which are not otherwise expressly provided for in this Agreement, and he shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the CM's Work. 1.7.2 The City Manager shall additionally be authorized, but not required, upon written request of the CM, to reallocate monies already budgeted toward payment of the CM; provided, however, that he cannot increase the CM's compensation or other budgets established by this Agreement. 1.7.3 The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 1.7.4 The City Manager or his designee shall be the representative, on behalf of the City, authorized to issue a Notice to Proceed. 1.7.5 The City Manager may approve contract amendments which shall not exceed the sum of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time to time. 1.7.6 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. 1.8 CM Principal: The "CM Principal" shall be the person designated by the CM as its senior representative to the City. The CM Principal shall perform those duties required in this Agreement and shall have the authority to commit and obligate the CM, and to fully act for the CM in all maters. 1.9 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties hereto arising out of or based upon the terms and conditions of the Contract Documents. 3 1.10 Contract Amendment or Change Orders: "A Contract Amendment' or"Change Order" shall mean a written order to the CM, approved by the City as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in the fees or completion dates, as applicable, and executed by the City, CM and the A/E. Contract Amendments and/or Change Orders affecting changes to the Work shall be countersigned by the CM 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 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 $6,500,000 which is the sum budgeted by the City for the construction cost for the Project. 1.13 Construction Manager (CM): The firm of MCM Corporation, whose principal address is 6201 SW 70th Street, Second Floor, Miami, Florida, 33143, has been selected by the City, pursuant to Resolution No. 2007-26569, to provide Construction Management At-Risk Services for this Project. Acceptance of the GMP by the City shall result in the CM functioning from that point forward as a General Contractor under the terms and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of GMP acceptance. 1.14 (Intentionally omitted) 1.15 Construction Manager's Fee: The term "Construction Manager's Fee" or "Fee" shall mean, for purposes of this Agreement only, a fixed fee, in the amount of $70,000, representing the Fee negotiated for CM'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 CM shall only be entitled to receive that portion of the Fee herein, representing all work performed to date relating to the Project. 4 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 CM 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 CM, 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. 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 CM, which costs shall be at rates not higher than the standard paid in the locality of the Work, as follows: (i) in connection with the proper performance of Work required hereunder which Work was unforeseeable by the CM, the A/E and the City at the time of execution of the GMP Amendment pertaining thereto, notwithstanding the CM'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 be set forth in the GMP Amendment, 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 by the City prior to the CM using it. 1.20 Contract: The term "Contract" means the contract formed by all of the Contract Documents, including this Agreement and any amendments hereto. 1.21 Contract Documents: The "Contract Documents" include Resolution No. 2007-26569; this Agreement, and all attachments, exhibits, and amendments thereto; the A/E Agreement, attached as Exhibit III 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 CM to submit the GMP. 1.23 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work 5 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, schedules and legends on such Drawings. 1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents, words which have well-known technical meanings or otherwise have accepted construction industry meanings are used in the Contract Documents in accordance with such well-known or accepted meanings. 1.25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance by the City of the GMP Amendment. The CM shall be duly licensed as a general contractor pursuant to Chapter 489, Florida Statutes. 1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price" or "GMP" shall mean the sum certain set forth in the GMP Amendment as the Project price that the CM 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 (and which does not 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", which Amendment shall automatically become a part hereof upon the City's and CM's execution of the same and shall establish, among other things, the GMP, the names of the CM's on site-management and supervisory personnel for the Project; and the Contract Time for the Project. 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 CM 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 CM'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 6 requirements; and Project budget requirements; and a review of the design documents; and the Drawings and Specifications; and the Contract Documents. 1.31 Phase I-Schematic: N/A 1.32 Phase 11- Design Development Documents: N/A 1.33 Phase III -Construction Documents: The term "Phase III- 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. CM's knowledge of and coordination with the A/E Agreement is specifically required as an integral part of CM's services. 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 $70,000, for CM's services performed during the Design Phase related to the Project, which fee includes all direct and indirect costs incurred by the CM in the proper performance of the Pre-Construction Phase Services contemplated under this Agreement. 1.35 Preconstruction Phase Services: The term "Preconstruction Phase Services" shall mean the services which the CM shall perform in reviewing the design and forthe 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. 2007-26569, involving the renovation and construction of the 10th Street Auditorium /Beach Patrol Headquarters. 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 CM to perform or supply a portion of the Work and the term includes such Subconsultant'sauthnrized representatives. 7 CM shall obtain prior written approval from the City prior to retaining, changing or modifying any Subconsultants and other professional associates. Any such services performed by any Subconsultants shall be passed through to City without additional charge by the CM. All such work shall be itemized on invoices from such Subconsultants, showing work performed and charges incurred. 1.40.2 The CM represents and warrants that it has made and will make reasonable investigation of all Subconsultants to be utilized in the performance of Work and/or services underthis Agreementto 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 CM of its prime and sole responsibility for the performance of the Work and/or services under this Agreement. 1.40.3 All rates, multipliers and any other fees charged by any Subconsultants shall be not more than those rates, multipliers and other fees in any contracts that any such Subconsultants may have either with the City directly, or as a Subconsultant under some other City agreement, or more than what is typically charged in the industry. 1.40.4. CM shall bind each and every approved Subconsultant to the applicable terms stated in this Agreement and shall require the proper licensing of such Subconsultants. 1.40.5 If any of the services outlined in this Agreement are furnished by CM by obtaining the services of Subconsultants, CM shall provide City with proposals and contracts between the Subconsultants and CM 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 CM has achieved completion of the Project in accordance with the General Conditions of the Contract Documents and applicable laws and the City of Miami Beach Building Department issues a Certificate of Occupancy (CO) or Certificate of Completion (CC) for Renovation Projects. Notwithstanding the preceding, if a situation arises beyond the control of the CM, and the issuance of a Certificate of Temporary Occupancy (TCO) is granted by the Building Department, then the City may deem at its sole and reasonable discretion, that the Project 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. 8 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 CM for the entire Project and all other services necessary to fulfill the CM'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: "Proposal Documents" shall mean Request for Qualifications No. 29- 06/07 entitled, "Construction Management At Risk Firm to provide Pre-Construction Services for the Renovation and Construction of the 10th Street Auditorium /Beach Patrol Headquarters " (the RFQ) issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the CM'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. 1.46 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 CM 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. ARTICLE II RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER 2.1 The CM accepts the relationship of trust and confidence established between it and the City by this Agreement. The CM represents that it will furnish its best skill and judgment in performing the CM's services and the Work, and shall always act to further the interest of the City in the expeditious completion of the Project, at the lowest responsible cost to the City, and in strict accordance with the Contract Documents and prudent and customary construction practices. 2.2 By signing this Agreement, the CM accepts a fiduciary duty with the City and warrants and represents to the City that the CM: a) has all licenses and certifications required by applicable law to perform the CM's services and the Work; 9 b) is experienced in all aspects of preconstruction and construction planning for projects similar to the Project; c) will actin the City's highest and best interest in performing the CM's services and the Work; and d) that no employee or affiliate of the CM, 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 CM acknowledges and agrees that the City is relying on these representations and covenants as a material inducement to enter into this Agreement. ARTICLE III CONSTRUCTION MANAGER'S SERVICES 3.1 GMP Amendment The parties hereby acknowledge and agree that they 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 December 31St, 2007 (see attached Schedule in Exhibit II) and, 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. 3.2 The Services of the CM 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 CM's Services shalt include, without limitation, all of the Preconstruction Services set forth in this Agreement and, upon approval by the City of the GMP, and as contemplated in the GMP Amendment (orAmendments),snd such otheramendment(s) as necessaryto fix and describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the 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 CM shall review Project requirements, existing on-site and off-site development, 10 surveys and preliminary budget, and make recommendations to the City for revisions. The CM shall prepare a preliminary Project Schedule in accordance with the Contract Documents and in coordination with the City and the A/E, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CM shall, at each remaining design phase (i.e. 50%, 90% and 100% Construction Documents), review the plans and advise the City and the A/E regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CM 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 CM shall attend all Project related meetings. The CM's Preconstruction Services shall be provided, and the City shall compensate CM for such services, based upon a fixed fee, in the amount of $70,000, representing the CM's Fee. At the conclusion of the Preconstruction Services, the CM shall, without assuming the duties of the A/E, wan'ant 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 CM shall perform the following responsibilities and duties: 4.1 All CM procedures, recommendations, documentation, record retention, etc. must conform to the Project requirements including applicable sections of the City's procedures, A/E's procedural manual; master specifications; General Conditions of the Construction Agreement; and other applicable codes, regulations and procedures that may be required at the State, County, City, or any agency, utility or similar governmental entity. 4.1.1. Develop, for City approval, 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 (A/E Agreement); Exhibit IV (General Conditions of the Construction Contract); Exhibit V (Proposal Documents); Exhibit VI (Best Value Amendment);and this Agreement. b) Construction coordination, scheduling, communication and documentation procedures among the CM, the A/E, Subcontractor(s), Subconsultant(s), and other departments or organizations who require coordination with and/or input into the Work. c) Project reports (weekly). d) Requests for Information. 11 e) Contract Amendment(s) process. f) Shop Drawings submittal. g) Project closeout. The Project procedures manual shall be completed and submitted no later than on CM's first application for payment. 4.2 Coordination and Scheduling 4.2.1 Coordination with A/E - In providing the CM's services described in this Agreement, the CM shall maintain a working relationship with the A/E. However, nothing in this Agreement shall be construed to mean that the CM assumes any of the responsibilities orduties of the A/E. The CM shall be solely responsible for construction means, methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations for performing in accordance with the CM's Agreement with the City. The A/E is responsible for the requirements of the Project, as indicated in the Agreement between the City and the A/E. The CM'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 CM be competitive or duplicative, but rather be complimentary. 4.2.2 Scheduling -The CM shall meet immediately upon execution of this Agreement with the A/E and City representatives to review the A/E Agreement (final) and the Project, as referenced in Schedule "D" of the A/E Agreement. The CM shall ensure that the parties jointly review, modify as necessary, and agree to a single design schedule, which shall be attached as 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 CM services, which the parties believes to be fair, reasonable, and in the best interest of the Project, the City shall then determine what schedule is to be utilized, and the City's decision with regard to same shall be final, and binding upon the parties. 4.3 Design Phase 4.3.1 Review of Design Documents -The CM 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, consistency and 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 12 A/E Agreement (Exhibit III). 4.3.2 Responsibility -The CM, as a result of the above-noted review of the design documents and recommendations provided to the City, shall utilize its best efforts to assure the coordination of drawings with the written specifications. This includes but is not limited to, the CM's review of the construction documents in coordination of the Drawings and Specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and to minimize unforeseen conditions. The CM shall, during this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which may impact the Project. The CM specifically agrees that no Contract Amendments shall be requested by the CM or considered by the City for reasons involving conflicts in the documents, questions of clarity with regard to documents, incompatibility or conflicts between the documents and laws, the existing conditions, utilities, and unforeseen underground conditions. 4.3.3 Preliminary Scheduling -The CM will submit tothe A/E for comment, and to the City for approval, a proposed schedule for the Project at the time the 50% Construction Documents are to be submitted to the City for review. That schedule shall include such bid and construction activities as well as reasonably outline the approach the CM intends to take for the Project. This requirement is in addition to any other scheduling requirements which may be contained in the Contract Documents and shall be compatible with same. The CM shall include in the above-noted schedule a proposed construction sequencing plan for the Work. 4.3.4 Estimating and Cost Control -The CM shall prepare detailed cost estimates and updates throughout the Design Phase leading up to the bidding phase of the Project. The CM shall submit same with the submittal of each phase of design review in accordance with the A/E Agreement, and at such other times as may be requested by the City. The estimates by the CM shall show the estimated amount of the GMP. They shall be in such detail as the City may require, and shall not exceed the Budget of $6,500,000. a) Should the CM's estimated GMP exceed the Budget, the CM shall include with said estimate written suggestions for bringing the Project within Budget. The City, at its sole option, may adjust the Budget or it may direct the CM to coordinate with the A/E to reduce the estimated cost of the Project through Value Engineering, re-design by the A/E, re-estimating, obtaining additional pricing, scope reduction and/or other, at no cost to the City; or the City may choose to continue under subparagraph (b) below. b) The City shall determine, after receipt and review of each estimate, whether 13 the CM shall continue to perform the services under the Agreement without requiring adjustment of the most current CM estimated GMP. The City may, at its sole option, determine to proceed with the Project without Budget adjustment or any other change to the Project. This shall in noway obligate the City to accept the CM's GMP Proposal, whether or not it is within the estimate or whether or not it is within the Budget. The City in this, and any and all other cases may reject the GMP at its sole discretion, and proceed to exercise its options as identified in this Agreement. c) The CM and A/E shall advise the City immediately when the A/E or CM estimate exceeds the Budget. 4.3.5 General Coordination -The CM shall coordinate with and include activities in both the schedule referred to in Section 4.3 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 A/E. 4.3.6 Permits and Fees -The CM will be responsible for coordinating with the A/E the submittal of all required documents for permits. CM shall be responsible for obtaining any and all permits and paying any and all related fees for the Work. The City shall not pay the CM any additional sums beyond the Preconstruction Services Fee and the GMP (if accepted) for these services. Fees for building permits issued by the City of Miami Beach shall be waived. Fees for other permits shall be the sole responsibility of the CM. 4.3.7 Design Services - N/A. 4.3.8 Memorandum of Changes -The CM shall submit to the City the CM'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 CM in fulfilling the CM's duties with regard to the Contract Documents. The CM shall identify any recommendations not incorporated into the Documents. The City shall either direct that same be incorporated or explain in writing why the recommendation is rejected. 4.4 Bid and Award Phase 4.4.1 Pregualification -The CM shall prepare a Subcontractor's prequalification plan in compliance with the requirements currently determined by the City. The CM shall submit to the City the CM's list of proposed Subcontractors for each element of the Work to be subcontracted by the CM. This list shall 14 be developed by the execution by the CM of the Subcontractor's prequalification plan noted above. The City reserves the right to reject any Subcontractor proposed for any bid to be considered by the CM. Any claims, objections or disputes arising out of the prequalification plan or list are the responsibility of the CM. The CM shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives, in any matter arising out of the prequalification plan and/or the Subcontractor's list. 4.4.2 Scope of Work -The CM shall receive Subcontractor proposals which, when combined with the work the CM intends to do with its own forces, shall represent the entirety of the Scope of Work required of this Agreement and for the Project. 4.4.3 Pre-Bid Conferences -The CM shall schedule and conduct pre-bid conferences forSubcontractors and the City to ensure the availability of such Subcontractors, material suppliers, etc. The CM shall be solely responsible for the content of the pre-bid conference. 4.4.4 Subcontract Bidding -The CM shall schedule, in coordination with the A/E 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 A/E and the City prior to award by the CM. 4.5 The Guaranteed Maximum Price 4.5.1 Calculation/Negotiation of the Guaranteed Maximum Price-Aftertaking, reviewing and identifying the lowest acceptable bids from responsive and responsible Subcontractors, the CM shall propose to the City, a Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the CM's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency. The Guaranteed Maximum Price shall be the full and complete amountforwhich the CM agrees to go forward from the receipt of subcontract bids to the full completion of the Project. 4.5.2 Acceptance of GMP -Upon acceptance and execution of the GMP by the City, the CM shall enter into subcontract agreements with the Subcontractors selected for the amounts included in the GMP Proposal for that subcontract work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Work for the Project, as well as a CM with regard to other services and/or Work required by the Contract Documents. 4.6 Time of Performance 4.6.1 Conformance with Approved Schedule- The CM shall perform all the duties required by this Agreement in such a way and time as to conform to the most current schedule inthe A/E Agreement. 4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CM acknowledges specifically that the CM has reviewed the most current schedule in the A/E Agreement, has given any 15 necessary input to the City regarding any need to modify that schedule to accommodate the CM at Risk process, and shall not be entitled to additional time or money in order to conform the CM services to that schedule. 4.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of the effective date of this Agreement, the CM shall present to the City a schedule for the CM's duties, deliverables, and requirements showing the start and completion of design phase activities to be performed by the CM. This schedule shall be in conformance with the most current schedule in the A/E Agreement. 4.7 Fee Breakdown PRE-CONSTRUCTION SERVICES FEE 1. Design Review, Constructability & Value Engineering $9,176 2. Review of On-site & Off-site Conditions $8,956 3. Cost Estimating & Cost Controls $14,148 4. Scheduling $4,424 5. Bidding (GMP Submittal & Negotiations) $28,397 6. Reimbursables (allowance) $4,800 7. Contingency $0 TOTAL PRE-CONSTRUCTION SERVICES FEE $70,000 4.7.1 Application for PavmentSubmittal- The CM shall submit monthly an application for payment for the proportional amount of the Preconstruction Services Fee, which shall be determined by dividing the Preconstruction Services Fee by the number of months from the effective date of this Agreement until the scheduled submittal of the GMP Proposal by the CM. Delays to the schedule shall result in re- calculation of the monthly application amount by dividing the amount of Preconstruction Services Fee remaining by the number of months currently remaining until the first submittal of GMP Proposal. 16 4.7.2 Time Extensions- In the event the performance of the CM is delayed by reasons outside the CM's control, the CM shall request in writing an extension of time for the contract requirements of this Agreement. Said request for extension shall include a proposed revised schedule, and documentation as to the cause of the delay. The CM's sole remedy for delays which impact the time of performance of this Agreement shall be a time extension. No damages for delay shall accrue to the benefit of the CM as a result of any delays to the performance of this Agreement. Specifically, the CM agrees that the failure of the A/E to maintain the design schedule shall be non-compensable to the CM, and CM's sole remedy shall be an extension of time. 4.7.3 Extra Services- Should the CM be requested or required by the City to provide services which the CM believes are outside and/or in addition to the scope of this Agreement, the CM shall within five (5) days of being requested to perform such services, notify the City in writing of the CM's opinion that they are extra services to this Agreement, the reason the CM believes they are outside the scope of this Agreement, and the proposed costs, and time impact, if any, for the performance of same. The City may direct the CM to proceed with such services pending a final determination as to the compensation. In such case, the CM's right to consideration shall not be waived by proceeding as directed. 4.8 City's Right to Require Documentation and Audit The City may, as deemed necessary, require from the CM support and/or documentation for any submission. Upon execution of the Agreement, the CM agrees that the City shall have unrestricted access during normal working hours to all CM's records relating to this Project, including hard copies as well as electronic records, for a period of three years after final Project completion. ARTICLE V GMP PROPOSAL AND ACCEPTANCE/REJECTION 5.1 Subcontract Bids The CM shall open subcontract bids from the pre-approved list of potential Subcontractors at a time and place scheduled with the City's Project Coordinator and such other City representatives in attendance. a) The CM shall provide a summation and analysis of the apparent low subcontract bids, including the identity of any apparent low subcontract bidders which the CM does not wish to employ. Such identification and proposal of non-utilization by the CM shall require specific written reason for same. 5.2 CM Fee, Profit, General Conditions, Contingency The CM shall propose the amount to be included in the GMP for the CM's General Conditions costs 17 and the Contingency as defined herein. 5.3 The sum of the totals of the Subcontract Bids, CM Fee, Profit, General Conditions and Contingency, shall comprise the proposed GMP for the Project and shall form the basis of negotiations between the CM and the City. a) The City shall have the option of accepting or rejecting the GMP, as presented by the CM. Should the GMP be accepted, the GMP Amendment reflecting that acceptance will be executed, and the Contract Price increased by the GMP amount. Should the GMP not be accepted, the City may at its option: i) Reject the GMP and direct A/E and CM to investigate, redesign, develop for City approval value engineering possibilities, and other cost savings and to re-submit a new, lesser, proposed GMP. This may, at the City's option, include reduction in scope, all to be done at no additional cost to the 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 CM shall not perform, nor be compensated for, any services on the Project beyond the agreed Fee herein. In the event any option under this subparagraph is chosen by the City, the CM is obligated to immediately turnover to the City all plans, specifications, and other Project related documentation. iii) If and when accepted by the City, the GMP shall be formalized by the execution of the GMP Amendment (Exhibit I). iv) The City shall determine, after each negotiation session, unless agreement is reached, if further negotiations are warranted. If not, the negotiations shall be declared not to be successful and the City shall take possession and ownership of all documents produced for the design and bid phases, pay the CM any remaining undisputed Fee, and proceed under the requirements noted under paragraph 5.3 (a) (ii), and the City and CM shall be mutually released from any further obligation each to the other. v) The City shall have no obligation to accept the GMP Proposal of the CM regardless of that Proposals' relationship to the Budget or the most current estimate orfor any other reason. 18 ARTICLE VI TERMINATION 6.1 Termination for Cause The City may terminate this Agreement for cause in the event that the CM (1) violates any provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the Services, and CM fails to cure same within thirty (30) days following written notice to CM. In that event, such termination shall become effective upon seven (7) days written notice to CM. 6.1.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another CM or otherwise. In such event, the CM shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of such Services which would have resulted from payments to the CM hereunder had the Agreement not been terminated 6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior to receipt of a Notice of Termination for Cause, shall be made in accordance with this Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the CM. 6.1.3 Upon receipt of a written Notice of Termination, the CM shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 6.1.4 In the event of a termination for cause, no payments to the CM shall be made for (1) Services not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2) for assembly of submittal of documents, as provided above. 6.2 Termination for Convenience The City, in addition to the rights and options to terminate for cause, as set forth above, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to CM, in writing, fourteen (14) days prior to termination. 6.2.1 In the event the City terminates the CM's services for its convenience, as provided herein, the CM shall be compensated for all Services satisfactorily 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 liabilityfor 19 compensation, expenses or fees to the CM. 6.3 Termination by CM The CM may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, and has failed to cure same within thirty (30) days following written notice from the CM. In that event, CM may terminate this Agreement upon written notice to the City, which termination shall become effective thirty (30) days from the date of said Notice. In that event, payment for Services satisfactorily performed priorto the date of termination shall be made in accordance with this Article 6. 6.3.1 The CM shall have no right to terminate this Agreement for convenience of the CM. 6.4 Implementation of Termination In the event of termination, either for cause or for convenience, the CM, upon receipt of the notice of termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination. 6.5 Non-solicitation The CM warrants that it has not employed or retained any company or person, other than an employee working solely for the CM, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the CM for any reason whatsoever. ARTICLE VII INDEMNIFICATION 7.1 CM shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of any kind or nature arising out of the negligent act, error, or omission of CM, its agents, servants or employees in the performance of services under this Agreement. 20 7.2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall indemnify, hold harmless and defend the City, its agents, servants and employees against any loss pertaining to such termination. 7.3 CM hereby affirms that it shall be responsible for the acts, errors and omissions of its Subcontractors and it shall indemnify, defend and save harmless the City, its agents, servants and employees from any and all claims by third parties which may arise on account of services rendered by CM's Subcontractors. 7.4 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. ARTICLE VIII MISCELLANEOUS 8.1 Ownership of Documents All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared or provided by CM in connection with this Agreement shall become the property of the City, and shall be delivered by CM within ten (10) days after receipt of written notice. Any re- use of documents by City without written verification or adaptation by CM for the specific purpose intended will be without liability to CM. 8.2 Records CM shall keep such records and accounts and require any and all Subcontractors to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which CM expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all Services and/or Work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records and shall, pursuant to Chapter 119, Florida Statutes, be kept by CM in accordance with said statute. 8.3 Equal Opportunity Employment 8.3.1 CM 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, 21 sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer;. recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. CM agrees to furnish City with a copy of its Affirmative Action Policy. 8.4 Public Entity Crimes Act In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a CM, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a CM, supplier, subcontractor, or subcontractor under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's debarment. 8.5 No Contingent Fee CM warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CM, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for CM any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 8.6 Assignment This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CM, under any circumstances, without the prior written consent of City. 8.7 Insurance The CM shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the CM shall not commence with work on the Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit 22 Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City of Miami Beach, FL, 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) per occurrence for property damage liability. Coverage must include owned vehicles and hired non-owned vehicles. The City of Miami Beach, FL, must be named an additional insured in this policy. 8.7.1 The Consultant must give thirty (30) days priorwritten notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance policies required by this Section. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that City shall be given thirty (30) days written notice prior to expiration or cancellation of the policy. Should CM fail to obtain, maintain, or renew the policies of insurance referred to herein, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be repaid by CM to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If CM does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) per year until paid and such failure shall be deemed an event of default hereunder. 8.8 All Prior 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 oragreements 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 23 registered United States mail, return receipt requested, addressed to the partyforwhom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR CITY OF MIAMI BEACH: Jorge E. Chartrand Director Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 FOR CONSTRUCTION MANAGER: Fernando Munilla, Sr., Vice President MCM Corporation. 6201 SW 70th Street, Second Floor Miami, Florida 33143 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 parry 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 orArticle of this Agreement, such reference is to the Section orArticle 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 orArticle. 8.11 Protection of Records CM shall protect from harm and damage all data, drawings, specifications, designs, models, photographs, reports, surveys and other data created or provided in connection with this Agreement 24 (collectively, City Property), while such data and materials are in CM's possession. Such duty may include, but is not limited to, making back-up copies of all data stored by electronic device on any media, taking reasonable actions to prevent damage by impending flood or storm (including, but not limited to, removing the City Property to a safe location), and establishing and enforcing such security measures as are reasonably available, considering the customary practice within CM's trade or possession. 8.12 Exhibits and Attachments In the event of conflict between the terms contains in this Agreement and the terms contained in any of the documents attached or incorporated herein, the terms of this Agreement shall control and shall be given full effect. 8.13 Observance of Laws Throughout the term of this Agreement, the CM shall keep fully informed of all federal, state and local laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work authorized under the terms of this Agreement, and shall further take into account all known pending changes to the foregoing of which it should be reasonably aware.. The CM shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees. 8.14 Agreement Severable; No Waiver In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 8.15 City's Own Forces The City reserves the right to perform construction and operations related to the Project with the City's own forces, and to award contracts in connection with the Project which are not part of the CM's responsibilities under this Agreement. 8.16 Governing Law and Exclusive Venue This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CM AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY 25 HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 8.17 Limitation of Liability 8.17.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the Fee paid to CM herein, less any sums paid by the City. CM hereby expresses its willingness to enter into this Agreement with CM's recovery from the City for any damage action for breach of contract to be limited to a maximum the Fee paid to CM herein, less any sums paid by the City. 8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby agrees that the City shall not be liable to CM for damages in an amount in excess the Fee paid to the CM herein, less any sums paid by the City, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) 26 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA Y• Y• Signature /Robert Parcher, City Clerk Signature / f Matti Herrera Bower Vice-Mayor ATTEST: By: Print Name CORPORATION Flora Contractor nature / reside ~~ ~~ , .~ .. CG-C023834 ~.~' "'~~ ~ . ~~ •~ ~` "- > a`' .e...~t~EV~~ K~~ ~ h~ ~ Print Name 27 APPROVED AS TO FORM & LANGUAGE ON z D1 ate ~,cv L ~ rt C.I.A~ EXHIBIT 1 "EXHIBIT I" TO CONSTRUCTION MANAGEMENT AT RISK SERVICES AGREEMENT DRAFT GMP AMENDMENT THIS GMP AMENDMENT, made and entered into as of this day of ("GMP Amendment") amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also, City) and Construction Manager, MCM CORPORATION, (hereinafter Construction Manager or CM), made as of the day of ,for the following described Project: Renovation and Construction of the 10th StreetAuditorium /Beach Patrol Headquarters: 1001 Ocean Drive, Miami Beach, Florida WHEREAS, the Owner and the CM 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 CM 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, CM'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. 28 f. The date of Commencement for the construction of Project shall be (the "Date of Commencement"). g. The CM 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 _ 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 CM acknowledge and agree that the City will suffer damages if the CM 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 CM 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 CM 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 CM'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 CM not to exceed the sum of (the "Project GMP"), based upon the entire Scope of the Work as described in the Contract Documents, including, but not limited to, the Drawings and the Specifications, subject only to additions and deductions by Contract Amendment(s) or Construction Change Directive, as provided in the Contract Documents. The GMP is more particularly itemized in the Schedule of Values prepared in accordance with the terms of the Agreement, which Schedule of Values is attached hereto and made a part of the Contract Documents by this reference. Included in the Schedule of Values and specifically identified herein, the Contingency included in the Guaranteed Maximum Price is the amount of j. The CM 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 29 Conditions of the Contract for Construction. k. The CM shall provide the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond, incompliance with the provisions of Article II, Insurance and Bonds of the General Conditions of the Contract for Construction. By executing this GMP Amendment, the CM acknowledges that it has ascertained all correct locations for points of connection for all utilities, if any, required for this Project: and has identified all clarifications and qualifications for this Project, if any. m. The CM'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 CM, in writing, to perform the Work for this Project with the CM's own forces, the salary and wage schedule for the CM's personnel performing such portion of the Work, agreed upon by the City and the CM, shall be as set forth on Attachment IV, attached hereto, and is made a part of the Contract Documents by this reference. The CM 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 CM 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 CM. q. This Amendment may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) 30 IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above. FOR CITY: ATTEST: By: CITY OF MIAMI BEACH, FLORIDA By: Signature /City Clerk Signature /Mayor FOR CONSTRUCTION MANAGER: ATTEST: By: Signature /Secretary Print Name By: Signature /President Print Name 31 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 32 EXHIBIT II SCHEDULE 33 W '` 0 Zti J N W ~ ~~ H~ ~a to ° W V W Z O V w OC a a ~~~m .R_ i o o 'o D CO f0 '':O ~ r ~ h 7 LL ~ ~ i o o to D Of ~_ i0 _ ~ ~ t0 (D f~ 3 H H H a 0 .. W N ~: ~ 7 : ~ ~ 'O ~ rn m o T n 0 n N n 0 N H N v N n n 'n 'n :n n n o o ': o o ': o 0 0 i n M I~ n :M CO (O 1 N ~_ CO N N 01 Qf n 0 , 7 O M 7 7 I ' ILL O F- O :L F- F • ~ ~ ', ~ o o ~ 0 0 ~ o o t i 'n 0 '; O) iM M n !CO '. N M OD ~ N N ~ • f~ n 3 a0 OO 00 f , _ LL ~ ~ ~ ~ ~ ~ > . T.. . .T f0 I I T 'O >. 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EXHIBIT III A/E AGREEMENT 34 ~/%6 - ~ r~ AGREEMENT BETWEEN CITY OF MIAMI BEACH AND STA ARCHITECTURAL GROUP FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E) SERVICES FOR THE 10TH STREET AUDITORIUMBEACH PATROL HEADQUARTERS PROJECT MAY, 2006 10'" Street Auditorium/Beach Patrol Headquarters May ] 0, 2006 TABLE OF CONTENTS DESCRIPTION PAGE 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 City Project Coordinator 3 1.7 Program Manager 3 1.8 Basic Services 3 1.9 The Project 3 1.9.1 The Project Cost 3 1.9.2 The Project Scope 4 1.10 Construction Cost 4 1.10.1 Construction Cost Budget 4 1.10.2 Statement of Probable Construction Cost 4 1.11 Force Majeure 4 1.12 Contractor 5 1.13 Contract Documents 5 1.14 Contract for Construction 5 1.15 Construction Documents 5 1.16 Contract Amendment 5 1.17 Additional Services 6 1.18 Work 6 1.19 Services 6 1.20 Base Bid 6 1.21 Schedules 6 1.22 Scope of Services 7 ARTICLE 2. BASIC SERVICES 7 2.1 Planning Services g 2.2 Design Services g 2.3 Bidding and Award Services g 2.4 Construction Administration Services 9 2.5 Additional Services g 2.6 Responsibility for Claims and Liabilities 9 2.7 Time 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST l g ARTICLE 5. ADDITIONAL SERVICES 1 g ARTICLE 6. REIMBURSABLE EXPENSES 20 ii 101° Street AuditoriumBeach Patrol Headquarters ARTICLE 7. COMPENSATION FOR SERVICES ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS ARTICLE 10. TERMINATION OF AGREEMENT 10.1 Termination for lack of Funds 10.2 Termination for Cause 10.3 Termination for Convenience 10.4 Termination by Consultant 10.5 Implementation of Termination 10.6 Non-Solicitation ARTICLE 11. INSURANCE ARTICLE 12. INDEMNIFICATION ARTICLE 13. VENUE ARTICLE 14. LIMITATION OF LIABILITY ARTICLE 15. MISCELLANEOUS PROVISIONS ARTICLE 16. NOTICE SCHEDULES: SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION SCHEDULE C HOURLY BILLING RATE SCHEDULED PROJECT SCHEDULE May 10, 2006 21 23 23 24 24 24 25 25 26 26 27 28 28 29 29 31 34 35 3b 37 ui 1016 Street Auditorium/Beach Patrol Headquarters TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT STA ARCHITECTURAL GROUP FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES May 10> 2006 FOR THE 10TH STREET AUDITORIUM/BEACH PATROL HEADQUARTERS PROJECT This Agreement made and entered into this 10 day of May , 2006, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and STA ARCHITECTURAL GROUP, a Florida corporation having its principal office at 3526 North Miami Avenue, Miami, Florida 33127(hereinafter referred to as Consultant). 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, landscape architecture, and/or engineering services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of architectural, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1 10'" Street AuditoriumBeach Patrol Headquarters May 10, 2006 ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the REQUEST FOR QUALIFICATIONS NO. RFQ No. 41-99/00 FOR ENGINEERING, URBAN DESIGN, AND LANDSCAPE ARCHITECTURE SERVICES REQUIRED FOR THE PLANNING, DESIGN, BID AND AWARD, AND CONSTRUCTION ADMII~TISTRATION OF THE 10~ STREET AUDITORIUM/BEACH PATROL HEADQUARTERS PROJECT issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as STA Architectural Group, a Florida corporation having its principal offices at 3526 North Miami Avenue, Miami Florida 33127. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant 2 10'~ Street Auditorium/Beach Patrol Headquarters May 10, 2006 to this Agreement and the Project shall be subject to prior written approval of the City. The following subconsultants were included in the Consultant's Proposal and are hereby approved by the City for the Project: Survey Consultant: Coastal Systems International Structural Engineer: Hector De Los Reyes, P.E. Electrical Engineer: C&W Engineering Mechanical Engineer: C&W Engineering Landscape Architect: Savino Miller, Inc. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 PROGRAM MANAGER: The City has contracted the services of Hazen and Sawyer P.C. to act as Program Manager for the City's Right of Way Infrastructure Improvements Program (Program), of which this Project is a part. Hazen and Sawyer will function as a representative of the City in performance of its Program Management role, as detailed in Schedule "A" entitled "Scope of Services", attached hereto. (this section is deleted from the Project) 1.8 BASIC SERVICES: "Basic Services" shall include the azchitectura.l, landscape architectural, and/or engineering and related professional services relative to the Project, as hereinafter set forth, including: planning, design, bidding/awazd, 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, 3 10'~ Street Auditoriurr/Beach Patrol Headquarters May 10, 2006 professional compensation, land cost, if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule A attached hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of--way, surveys, testing, or other reimbursable expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" attached hereto. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as defined in attached Schedule "A" entitled "Scope of Services", for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 4 10th Strcet AuditoriumBeach Patrol Headquarters May 10, 2006 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 humcanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work or providing the materials, supplies and equipment identified in the bid and Construction Documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the Agreement between City and Contractor; Contract for Construction; Conditions of the Contract for Construction (General, Supplementary, and other Conditions); Construction Documents; and addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding agreement with Contractors. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2 and Schedule "A" attached hereto. 1.I6 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written 5 ] 0t6 Street Auditariutr/Beach Patrol Headquarters May 10, 2006 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 maybe specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 5 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.18 WORK: "Work" shall mean-the work to be performed on the Project by the Contractor, pursuant to the applicable Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.19 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". 1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this 6 10'6 Street Audi2oriurnBeach Patrol Headquarters May 16, 2006 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. 1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A separate Notice to Proceed shall be required for commencement of each Task, as discussed in attached Schedule "A" entitled "Scone of Services". The Consultant's Basic Services shall consist of five Tasks (inclusive of planning, design, bidding/award, construction administration and additional services) as described in attached Schedule A "Scope of Services". 7 10i° Street AuditoriurrJBeach Patrol Headquarters May ]0, 2006 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 maybe amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. 'The Consultant shall insert the provisions of all required codes into the Contract Documents. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant warrants that it shall be responsible for the technical accuracy of it Contract Documents. 2.1 PLANNING SERVICES: Consultant shall perform Planning Services as noted in attached Schedule "A" entitled "Scope of Services". 2.2 DESIGN SERVICES: Based on the approved Planning documents developed under Article 2.1, Consultant shall prepaze Design Documents, as noted in attached Schedule "A" entitled "Scope of Services". 2.3 BIDDING AND AWARD SERVICES: Consultant shall provide bidding and award services as noted in attached Schedule "A" entitled "Scope of Services". 8 10'" Street Auditorium/Beach Patrol Headquarters May 10, 2006 2.4 CONSTRUCTION ADMINISTRATION SERVICES: Consultant shall furnish construction administration services as noted in attached Schedule "A" entitled "Scope of Services". 2.5 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services as noted in attached Schedule "A" entitled "Scope of Services". 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. 2.7 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.7.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the Work. 2.7.2 The parties agree that the Consultant's Services during all phases of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the Project Schedule, made 9 10~' Street AuditoriutrdBeach Patrol Headquarters May ] 0, 2006 necessary by undue time taken by the City to approve the ConsuItant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is fully justified. 2.7.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the Contractor(s), and others that have been contracted to perform Services and / or Work pertaining to the Project. While the Services to be provided by Consultant under this Agreement will be provided under the general direction of the City's Program Coordinator, it is the intent of this Agreement to allow the Consultant to coordinate the performance of all design and construction administration to the extent such coordination by the Consultant is permitted by the contracts for the design and construction administration. 2.7.4 It is further the intent 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 Program Coordinator. Consultant will 10 10th Street Auditorium/Beach Patrol Headquarters May 10, 2006 use reasonable care and skill in accordance with and consistent with customary professional standards in responding to items identified as discrepancies, errors and omissions by others. Consultant shall receive comments from reviewers via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible under the circumstances, taking into account the requirements of the Project Schedule. 2.7.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by Consultant. Said certifications shall be in a form approved by the City. 2.7.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's best judgment as a design professional familiar with the construction industry. Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by Consultant. 2.7.9 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 2.7.14 Consultant agrees to employ and designate in writing, within five (5) 11 10'~ Street AuditoriumlBeach Patrol Headquarters May 10, 2006 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. Consultant further agrees to obtain a binding agreement with its Froject Manager providing a minimum of six (6) months notice before assuming a different position, said notice waivable by the City at its discretion. 2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request may be made by City with or without stating its cause. 2.7.12 Consultant herein represents to City that it has expertise in the type of professional services that will he 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 regazding resolution of each such conflict. 2.7.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless 12 10ih Street AuditoriumlBeach Patrol Headquarters May 10, 2006 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. 13 ] 0'" Street AuditariumlBeach Patrol Headquarters May 10, 2006 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. 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 constriction, 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 14 10`° Strcet Auditorium/Beach Patrol Headquarters May 10, 2066 with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including, but not limited to, any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 15 10°i Street AuditoriumBeach Patrol Headquarters May 10, 2006 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 assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. 16 101° Street AuditoriumBeach Patrol Headquarters May 10, 2006 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 17 10i° Street AuditoriumlBeach Patrol Headquarters May 10, 2006 the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Article 2 and the attached Schedule "A" entitled "Scope of Services". 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval by passage of an enabling resolution and amendments to the appropriate agreements relative to the Project, prior to any modification of the Construction Cost. Provided further, however, that .even in the event of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to approve an increase in the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City Commission may, at its sole option and discretion, terminate this Agreement without any further liability to the City. 18 10'" Street Auditorium/Beach Patrol Headquarters May 10, 2006 4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide such revisions to the Construction Documents, and provide rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in order to bring the bids within five percent (5%} of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and reimbursable expense reviews. 5.2 'The term "Additional Services" includes services involving the Consultant or any 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 19 10`~ Street Auditorium/Beach Patro] Headquarters May 10, 2006 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, azbitration proceeding or legal proceeding unless such prepazation has arisen from the failure of the Consultant to meet the Standard of Care set forth in Article 2. 5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request and outside the scope of the Work specified in the Construction Documents, after commencement of the Construction Phase. 5.3.3 Providing such other professional services to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. 5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses aze in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 20 10°i Street AuditoriumBeach Patrol Headquarters May 10, 2006 6.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 6.2.1 The cost of testing or investigation of underground utilities, if authorized by the City Project Coordinator. 6.2.2 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants aze not reimbursable. 6.2.3 Expenses for reproduction and the preparation of graphics for community workshops 6.2.4 Fees for all necessary permits shall be paid directly by City. ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the City Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed in each Phase so that the payments for Basic Services for each Phase shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No mazkup shall be allowed on subcontracted Basic Services. The City and the Consultant agree that the Consultant's fee will be $775,925, as detailed in Schedule "B" and as approved by the City Commission on May 10, 2006 for the provision of the services described in the Schedule "A" Scope of Services. 7.2 Additional Services authorized in accord w 21 ]Om Street AuditoriumBeach Patrol Headquarters May 16, 2006 the hourly rates forth in Schedule "C". Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 7.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 7. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 7.4 The City and the Consultant agree that: 7.4.1 If the scope of the 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, 2006, the Hourly Billing Rate Schedule shown in Exhibit "C" may be adjusted annually based upon the Miami -Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 7.6 Method of Billin and Payment With respect to all Services, Consultant shall submit 22 10'h Street Auditorium/Beach Patrol Headquarters May 10, 2006 billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed; the total hours of work performed by employee category and the respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. 7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and City Commission. ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 8.1 Consultant shall keep such records and accounts and require any and alI Consultant and subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which aze considered public records, pursuant to Chapter 119, Florida Statutes, shall be kept by Consultant in accordance with such statutes. ARTICLE 9.OWNERSHIP AND USE OF DOCUMENTS 23 1016 Street Auditorium/Beach Patrol Headquarters May 10, 2006 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 Froject, 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 maybe abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 10.2 Termination For Cause The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant in the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such 24 10's Street Auditorium/Beach Patrol Headquarters May 10, 2006 termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 7. 10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 10.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. Tn 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. 25 10`~ Street Auditorium/Beach Patrol Headquarters May 10, 2006 10.4 Termination By Consultant The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 10.5 Implementation of Ternination 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. 26 10th Street Auditorium/Beach Patrol Headquarters May l0, 2006 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 $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Florida. 11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 11.3 The insurance must be furnished by an insurance company rated B+;VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all 27 10'" Street AuditoriumBeach Patrol Headquarters May 10, 2006 insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 12. INDEMNIFICATION Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 12, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. ARTICLE 13. ~ VENUE 13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein. Exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY NRY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 2s 10" Street Auditorium/Beach Patrol Headquarters May 10, 2006 ARTICLE 14. LIMITATION OF LIABILITY 14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant Accordingly, and notwithstanding any other term, or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under any this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. ARTICLE 15. MISCELLANEOUS PROVISIONS 15.1 The laws of the State of Florida shall govern this Agreement. 15.2 Equal Onnortunity Emnloyment 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 29 10th Street AuditoriumBeach Patrol Headquarters May 10, 2006 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 subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary 30 10th Street Auditorium/Beach Patrol Headquarters May 10, 2006 to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 15.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. 15.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 15.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that aze 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 lb.l 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 31 10'" Street AuditoriumBeach Patrol Headquarters Miami Beach, Florida 33139 With a copy to: Jorge Chartrand Acting Capital Improvement Projects Director Capital Improvement Project Office City of Miami Beach 1701 Meridian Avenue, Suite 201 Miami Beach, Florida 33139 A11 written notices given to the Consultant from the City shall be addressed to: Todd B. Tragash, AIA STA Architectural Group 3526 North Miami Avenue Florida 33127 May 10, 200b All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 32 ] 0th Street Auditorium/Beach Patrol Headquarters May 10, 2006 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH ~~~ CITY CLERK Robert Percher Vice-Mayor Jerry Libbin CONSULTANT Attest ~ /~ STA ARCHITECTURAL GROUP Signature, ~ie~cretnry ppt~s~~t.+.t'~ G- 1Sts8~~-- j'IZAGr4s~f Print Name :RC'r'oQ7 APPROyEp A$ TO FORM & LANGUAGE ~ F EXECUTION -tYAttom 7 ~~ Da 33 rent Name 10`" Street AuditoriumBeach Patro] Headquarters May 10, 2006 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS. INC SCOPE OF SERVICES Please refer to attached schedule. 34 10th Street AuditoriumBeach Patrol Headquarters May 10, 2006 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS. INC CONSULTANT COMPENSATION Please refer to attached schedule. 35 W J D W ~_ V W ~ W ~ LL Z O ~O_ W _m D Q ~.,. ~ Q Z i~wla! ~ i O V ~~ N V F Z Q T J N •Z V • W Q I I I ~I i ~O ~~MI~~~O~O~~. 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N~ ' I ~OOOOO~OOC~ i r'N m c0 t0 COIfO d ~I I I i i ! i _ I g i ~ O p 0 0 0 'V d d ~" r.: ~~i ~A lOA 'O •4 0 0 0 i-~ V N „-,oooo NNNC'Y ~oo ~2 !W ~w i i • ~~ O V y' N ~ ' V Z~ I I ~ 4 W p! J a' ' z J o ~ ~ O a O fD A 2 ~ v~ QO m W H W _m D Q ~ Q Q ~ _ ~ W O N ~ ~ V ~ 0 r W J O W 2 <.? W W z O Q Z W a O V F- Z Q H J Z O V w a ~ tp 1~ ~ p t ' f> to N I~ O , ~ ~- d4 fA l^ 1 ~( r .- A69 M fA r- d9 r ~ i ~ - M ! ~ i I ..~..± O O I i ~ i I ~ ~A ~~ i u7 r~ _ __ f ° g i i ~I o 10'° Street AuditoriumBeach Patrol Headquarters May 10, 2006 SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN AND ASSOCIATES CONSULTING ENGINEERS INC. HOURLY BILLING RATE SCHEDULE Classification Principal Project Manager Sr. Engineer /Architect Engineer /Architect CARD Operator/Drafter Clerical Hourly Billing Rate (FY 2006/200'n $ 200.00 per hour $ 150.00 per hour $ 125.00 per hour $ 100A0 per hour $ 75.00 per hour $ 50.00 per hour 36 1016 Street Auditorium/Beach Patrol Headquarters SCHEDULE D May 10, 2006 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STA ARCHITECTURAL GROUP PROJECT SCHEDULE Task Description: Working days after Notice to Proceed amm~g ervices 145 Da s Y 2 Schematic Design Services 90 Days 3 Design Development Services 180 Days 4 Bidding and Award Services 90 Days 5 Construction Administration Services 270 Days 6 Additional Services Upon Request 7 Reimbursables N/A The above durations include, in working days, the response time of the City and the Contractor. 37 SCHEDULE A CITY OF MIAMI BEACH, FLORIDA 1QT" STREET AUDITORIUM/BEACH PATROL HEADQUARTERS SCOPE OF A/E CONSULTANT SERVICES CONSULTANT: STA Architectural Groun BACKGROUND On May 16, 2001, the Mayor and City Commission authorized the Mayor and City Clerk to execute a professional services agreement with the firm of STA Architectural Group (STA) in the amount of $63,000, fora Master Plan and Project Study, in addition to the architectural and engineering services for the rehabilitation and restoration of the 10~' Street Auditorium/Beach Patrol Headquarters. The Master Plan was completed in June 2002. Subsequent to the completion of the Master Plan, replacement of the entire roofing system, and miscellaneous repairs to the facility were completed. With the allocation of additional funding in the Miami-Dade County 2004 General Obligation Bonds approved by the voters on November 2, 2004, the City wishes to undertake a full scale renovation of the facilities previously envisioned but not completely funded. The Project is located east of the intersection of 10th Street (Barbara Capitman Way) and Ocean Drive, bounded on the east by Lummus Park and the Ocean, and on the west by Ocean Drive. The 10th Street Auditorium/Beach Control Headquarters facility currently houses the offices of the Miami Design Preservation League (MDPL), Exhibit Spaces, the Art Deco District Welcome Center, and the Beach Patrol Headquarters office. The primary objective of the Master Plan was to determine the extent to which the existing Beach Patro! Headquarters and 10th Street Auditorium buildings would retain their Art Deco, and Miami Modern (MiMo) historic characters respectively, while meeting the programmatic requirements. The 10t" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Project proposes to improve both buildings while preserving their historic integrity, re establish the 10"' Street axis as the main entry to the park, and to add new spatial requirements to the Miami Design Preservation League (MDPL), Beach Patrol Headquarters, and public restroom facilities. In addition, landscape and irrigation, lighting improvements, pedestrian circulation in the immediate vicinity of the buildings, and the serpentine walk from 5"' Street to 14th Lane will be addressed. Page 1 of 28 Schedule A - 10'" Street Auditarium/Beach Patrol Headquarters and Serpentine Walk SCOPE OF SERVICES The Consultant shall provide the Architectural, Engineering, Landscape Architectural, Planning, Surveying, and Environmental Services necessary to construct the 10~' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk (the Project), located east of Ocean Drive at 10~' Street. The CONSULTANT's level of effort contemplates the planning and design of the two (2) facilities including site amenities that will satisfy the program requirements for the beach patrol auditorium, welcome center, administrative offices, assembly/exhibit, archive/library, restrooms, storage and support spaces. The Work will include the planning, design, permitting, bid and award, and construction administration of the Project. The consultant will study the site to determine its best use and develop a preliminary concept plan for the corresponding physical improvements that are supported by the adjacent community. The CONSULTANT shall prepare a Risk Assessment plan to evaluate the items that could potentially impact the Project construction cost, schedule and quality. The work shall include but not be limited to conceptual drawing(s), survey, geotechnical analysis, environmental/coastal analysis, and estimate of probable cost for the design, construction documentation, permitting and construction administration of the Project. Permit processing and application fees shall be paid by the Consultant and Reimbursed by the City. The work effort shall include the following tasks: TASK 1 -PLANNING SERVICES The purpose of this Task is to review and revise the June 2002 Master Plan to finalize a concept plan that meets the City's functional requirements, incorporates community input, and stays within established schedule and cost parameters. The CITY has previously met with neighborhood representatives to review improvements and has identified certain items that are to be considered. These items were discussed in the previous sections of this scope of services. The descriptions provided therein are not considered all encompassing, but are only intended to provide the CONSULTANT with a starting point from which to base its conceptual plan upon. For this purpose, a Community Design Workshop is specified in Task 1.5 to present the CONSULTANTs plan and solicit input from the community. Solicited input shall be reviewed by the CONSULTANT and incorporated, with the CITY approval, into the CONSULTANT's work product. A Community Design Workshop (CDW) shall be held to present the plan and its subsequent revisions to gain the consensus of the community as necessary. Based on the results of the CDW, a draft Master Plan shall be developed as noted in Task 1.6. Subsequent interdepartmental and Historic Preservation Board design reviews /presentations and approvals shall be as noted in Task 2.3. A final Master Plan shall then be prepared summarizing the Page 2 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk accepted design concept, budget level cost estimate and implementation schedule as noted in Task 1.8. !n 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 - Project Kick-Off Meeting: The CONSULTANT shall meet with the CITY and PROGRAM MANAGER to review existing planning documents, discuss the results of previous scoping sessions held with affected neighborhood representatives and user groups, and receive / review copies of available reference documents. In addition, the CITY and PROGRAM MANAGER will present general discussions as to Program procedures, timelines, and budgets. The CONSULTANT shall prepare draft meeting minutes and forward them to CITY for review and comments. The CONSULTANT shall finalize and distribute, accordingly. During this meeting, the CONSULTANT shall schedule a reconnaissance visit of the Project site, to be attended by critical CONSULTANT personnel, as well as key CITY and PROGRAM MANAGER staff. Deliverables: -Attend Project kick-off meeting. Schedule: -Within 5 calendar days of Task 1 -Planning Phase Notice-to- Proceed. Task 1.2 -Project Site Reconnaissance Visit: The CONSULTANT shall attend a Site Reconnaissance Visit. This site visit shall also be attended by applicable CITY and PROGRAM MANAGER staff. The site visit is intended to facilitate the CONSULTANT'S understanding of the project area needs. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY and or PROGRAM MANAGER for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Based on the results of the site visit and materials presented at the Kickoff Meeting, the CONSULTANT shall develop a project concept, initial testing and investigative work recommendation, including treatments that they propose for the CITY's consideration. Alternative treatments shall illustrate proposed improvements including, as a minimum, enhanced administrative offices, assembly/exhibit, archivellibrary, restroom, storage, support, and reception/gathering spaces, parking, lighting, landscaping, site furnishings and similar features to allow the CITY a full understanding of proposed improvement alternatives. All such alternative treatments shall also take into account adjacent programming and improvements as applicable. The CONSULTANT is advised that the CITY's previous reference work products Page 3 of 28 Schedule A - 10~" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk may be utilized and these work products may require revisions by the CONSULTANT. fn addition, the CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, - 15% as defined by the American Association of Cost Engineers} for each work component / alternative treatment, indicating opinions of probable cost. Estimates .shall present costs by category types (i.e. sitework, concrete, masonry, specialties, electrical, mechanical, plumbing, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. PROGRAM MANAGER will provide a template for the requisite cost estimate format to the CONSULTANT. Deliverables: -Attend Site Reconnaissance Project Site Visit - Develop Project concept as noted above - Develop "budget" level cost estimates Schedule: -Within 35 calendar days of completion of Task 1.1 services. Task 1.3 -Attend "Programming" Session: After conducting the Site Reconnaissance Project Site Visit, developing project approach and cost estimates, the CONSULTANT shall attend a "Programming" session to be scheduled with representatives of the CITY, the CONSULTANT and PROGRAM MANAGER. The purpose of the "Programming" session shall be to clarify project goals to with the user group(s) and to prepare for Community Design Workshop. Issues to be discussed shall include the proposed project elements (administrative offices, assemblylexhibit, archive/library, restroom, storage, support, and reception/gathering spaces, ADA upgrades, parking, site lighting, landscaping and irrigation, budget, schedule etc.) At this meeting, the CONSULTANT shall present its Project concepts and document input from the various the CITY attendees. In this effort, the CONSULTANT shall make revisions to its proposed concept! treatments, as necessary to develop a Recommended Approach as approved by the CITY. This is the approach that will be presented at the Community Design Workshops. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY and PROGRAM MANAGER for review and comments. The CONSULTANT shall finalize and distribute, accordingly. Deliverables: -Attend "Programming" session with representatives from the CITY and PROGRAM MANAGER. Revise proposed concept/treatments and develop final materials for a Recommended Approach as approved by the CITY Schedule -Within 10 calendar days of Task 1.2 completion. Page 4 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Task 1.4 -Review Meeting Prior to Community Design Workshops: After conducting the project site visit, developing reference images and cost estimates, attending the Programming Session, addressing all the CITY comments and developing the Recommended Approach, the CONSULTANT shall meet with applicable CITY and PROGRAM MANAGER staff in a Pre-CDW meeting format to ensure that any and all concerns regarding project scope, schedule and cost parameters are addressed prior to scheduling the Community Design Workshop{s). The CONSULTANT and its key Sub-Consultants shall attend all meetings. Deliverables: - Meet with representatives of the CITY and PROGRAM MANAGER during work performed for Task 1.1 through 1.3. Schedule: -Through completion of Task 1.1 through 1.3. Task 1.5 -Community Design Workshoa: The intent of Community Design Workshop{s) (CDWs) is to provide the CONSULTANT the opportunity to present the proposed improvements to the community for the purpose of achieving general consensus with residents. The CITY will schedule, find locations for, and notify residents of such meeting. The CONSULTANT shall prepare all materials for presentation at the workshop. At a minimum, these shall include presentation materials, "full size" specialty graphics which depict the proposed improvements, a summary of cost estimates, workshop agendas, resident comment cards and requisite copies of each. It is anticipated that the CONSULTANT will utilize a "PowerPoint" type format for its presentation, with support from standalone graphics and handout materials. In addition, the CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comment. The CONSULTANT shall finalize and distribute the final minutes accordingly. The workshop is intended to address specific design issues as discussed in the following: Task 1.5.1 Community Design Workshop -This workshop is intended to provide community residents with a review of the proposed project scope and budget. The CONSULTANT shall also present the proposed schedule and create a consensus plan with community concurrence. The CONSULTANT shall prepare full size presentation graphics illustrating existing conditions proposed project components developed under Tasks 1.2 and 1.3. In addition, graphics shall be prepared presenting a summary of probable costs for the various improvements and the workshop agenda. °Budget" level cost estimates shall be +30%, -15% as defined by the American Association of Cost Engineers. Based on this data, the CONSULTANT shall present the plan for proposed improvements to attendees. Applicable CITY and PROGRAM MANAGER staff shall also attend these meetings, and assist the CONSULTANT with responses to resident questions, as they pertain to the CITY related issues. The CONSULTANT shall note reasonable design / concept revision requests from residents for review and Page 5 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk incorporation into the proposed plan. Due to the fixed nature of funding on the Project, budget limits must be adhered to. Hence, the CONSULTANT shall be prepared to discuss budgets and the various impacts of resident requested revisions on such, accordingly. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review and comment. The CONSULTANT shall then finalize and distribute the final minutes, accordingly. Deliverables: - Prepare materials, attend and conduct Community Design Workshop. Schedule: -Within 30 calendar days after completion of Task 1.4 Task 1.6 -Master Plan (DRAFT): The CONSULTANT shall prepare a draft Master Plan presenting the results of the Community Design Workshop(s) and final consensus /funded design plan. The Master Plan shall include a summary of findings and exhibit{s) illustrating all proposed improvements under the current phase of the project, inclusive of the, MDPL administrative offices, visitor center, exhibit spaces, Beach Patrol Headquarters, entry/axis, lighting, landscaping, parking, serpentine walk, and other recreational site improvements. The Master Plan shall also include by reference the Master Plan previously completed in 2002. The information contained therein is to be utilized along with any existing planning documents to implement as deemed appropriate the improvements to the facilities. In addition, the Master Plan shall include suffiaent detail in plans, sections, notes and key descriptions to facilitate review by the various CITY permitting and planning divisions discussed in Task 1.7. As a minimum, the draft Master Plan shall include discussions and graphics illustrating: • Executive Summary summarizing the contents of the Master Plan • A section reviewing the existing conditions to be improved. • A section reviewing the planning process and development of the final recommended funded improvement plan. This section shall included detailed presentations of all proposed improvements. • A project implementation plan, inclusive of preliminary engineering testing and analysis. • Proposed site improvements (including Serpentine walk) • A preliminary concept plan Page 6 of 28 Schedule A - 10~' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk • A section discussing general concepts which are unfunded (if any), but were byproducts from the planning process. • A "budget" level cost estimate prepared in conformance with format provided by CITY. Estimates shall be provided for both current (funded) and unfunded improvements. Based upon the CONSULTANT's cost estimate, the CITY will advise the CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. The CONSULTANT shall revise the draft Master Plan to reflect such issues accordingly. • A schedule for implementing the Project by phases (i.e. design, bid, award, construction) including critical issues and the time period allowed for resolving each issue. • Discussion regarding permitting authorities having jurisdiction over Project and provide a list of permits typically retained by the Owner and / or Contractor. Unique and / or special permitting requirements shall be identified as well as permitting fees. Five copies of the draft Master Plan shalt be provided to the CITY for initial review and comments and shall contain the following sections, as a minimum: Executive Summary, Purpose and Scope, Existing Conditions, Funded Improvements and Unfunded Plan, Permitting and Implementation and Cost Estimates. Deliverables: -Prepare 35 copies of the draft Master Plan. Schedule: -Within 30 calendar days after completion of Community Design Workshop. Task 1.7 -Review of Master Plan with the CITY Departments• The CONSULTANT shall present, and meet to review comments on the draft Master Plan with the following CITY Departments I 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 Page 7 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk • City of Miami Beach Fire Department • City of Miami Beach Parking Department • City of Miami Beach Tourism and Cultural Development Department The CITY will forward copies of the draft Master Plan to the above noted Departments. Comments shall be solicited and forwarded to the CONSULTANT for review /comment / response /incorporation into the draft Master Plan document. It is anticipated that the CONSULTANT shall attend a total of up to two meetings with the various Department representatives to review the various Department comments. The CITY and PROGRAM MANAGER will attend the noted review meeting(s) and assist the CONSULTANT, as practicable, in obtaining approvals from noted review agencies by participating in negotiations with such authorities. However, the CONSULTANT retains final responsibility for procuring all necessary approvals, and for implementing required revisions and resubmissions as necessary. The CONSULTANT and its key Sub-Consultants shall attend all meetings as deemed necessary. It is recognized by the CITY and PROGRAM MANAGER that the time period for obtaining approvals from the various review agencies is beyond the control of the CONSULTANT, except for issues concerning the acceptability of the proposed design concepts and the CONSULTANT's ability to respond to review agency comments. Hence, the CONSULTANT shall address and respond to comments received from the various reviews in writing, and implement requested revisions into the draft Master Plan, as agreed with the CITY and PROGRAM MANAGER, within ten (20) calendar days of receipt of comments, unless agreed to otherwise with the CITY. Upon incorporating the comments received from the various CITY Departments; the CONSULTANT shall revise its draft Master Plan and then present the full Master Pian (with requisite graphics and PowerPoint presentation materials) to the Historic Preservation Board. This presentation is intended for informational purposes only, and is not to be confused with the CONSULTANTS responsibilities regarding full /formal Historic Preservation Board presentation requirements discussed under the Design Phase Task. Deliverables: -Attend Master Plan review meetings. - Address comments and revise Master Plan accordingly. - Present Master Plan to HPB Schedule: -Within 20 calendar days of draft Master Plan completion. Task 1.8 -Final Master Plan• The CONSULTANT shall prepare a final Master Plan based on comments and revisions implemented during the reviews with the various the CITY Page 8 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Departments /review entities as noted in Task 1.7. This final Master Plan serves as the basis for development of schematic design documents as discussed in task 2, and the detailed design documents as discussed in Task 3. It shall also be used as the basis for the CONSULTANT's presentation of the Final Master Plan to the City Commission for approval. If the City Commission directs revision to the Final Master Plan, the CONSULTANT shall prepare an Addendum, in the CITY provided format, for distribution to all Final Master Plan holders. Deliverables: -Prepare 35 copies of a final Master Plan and Addendum, as necessary. - Present the Master Plan to the City Commission for approval Schedule: -Within 15 calendar days after completion Task 1.7. 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. TASK 2 -SCHEMATIC DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 2.1 requires that the CONSULTANT perform a variety of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy of any available as-built drawings, surveys and maps to be used for development of the contract drawings. Task 2.2 discusses requirements for the coordination with the various design disciples for the preparation of schematic drawings and preliminary technical specifications. Task 2.3 discusses the presentation of the Project to the Design Review Board/Historic Preservation Board {DRB/HPB), as practical, at this phase of the project to obtain approval, and to advance the design development beyond the 50% level. Task 2.1 - Verification of Existing Conditions• The CONSULTANT shall obtain all available As-Built drawings, perform surveys, coastal evaluations, perform schematic layouts and concept plans, perform preliminary investigations of Code requirements, layout of site, floor plans and elevations, prepare 3-D images, preliminary coordination with Mechanical, Electrical and Plumbing, Structural, Civil, Coastal, and Landscape engineers, in order to arrive at a selected option to pursue design development. Page 9 of 28 Schedule A - 10'" Street Auditorium/Beach Pairol Headquarters and Serpentine Walk • The CONSULTANT obtain and identify from all available records, (Building Department, Public Works Department) as-built information, inGuding but not limited to the following: ^ Architectural, Mechanical, Electrical, Plumbing, Landscape, and Civil drawings for all existing structures located on the site. The CONSULTANT shall submit 3 copies of the preliminary Schematic Design for CITY and PROGRAM MANAGER review and comment. The CONSULTANT shall prepare a final schematic design based on addressing any /all comments submitted through this review process, to the satisfaction of the CITY. Deliverables: -Perform work as noted to develop schematic Design and deliver three (3) draft copies and five (5) final copies to CITY. Schedule: -Within 30 calendar days after Task 2 -Schematic Design Phase Notice to Proceed. Task 2.2 -Coordination with Various Disciplines: The CONSULTANT shall coordinate the development of the Schematic Design with the various design disciplines in accordance with the applicable architectural and engineering design standards, and in accordance with the requirements of all applicable state, local and federal regulatory agencies having jurisdiction. Also, this submittal shall include the CONSULTANT'S updated "Budget° level opinion of probable cost as defined by the American Association of Cost Engineers, based on the finding during the Schematic Design Phase. The CONSULTANT shall also conduct a review of the Schematic Design with the various City Divisions, and update in accordance with the comments as applicable. Page 10 of 28 Schedule A - 10'" Street AuditoriuMBeach Patrol Headquarters and Serpentine Walk Deliverables: -Furnish 2 copies of preliminary MEP findings/report. - Furnish two signed and sealed (2) copies of the preliminary Structural Engineer findings report. - Furnish two (2) copies of the preliminary Civil Engineer findings/ report. - Furnish two (2} copies of the preliminary Coastal Engineers findings report. - Schematic Design Review Meeting with City Departments - Updated Schematic Design Phase "Budget Level" Cost Estimate Schedule: -Within 15 calendar days after Task 2 -Schematic Design Phase Notice to Proceed. Task 2.3 -Design Review/Historic Preservation Board (DRB/HPB) Presentation: The CONSULTANT shall schedule and attend apre-application meeting with DRB/HPB staff as necessary to provide information and obtain staff opinions and recommendations for the preparation and submittal of the application packages} for the DRB and/or HPB Board application. The CONSULTANT shall prepare and submit al! required information, documentation required for the DRB/HPB application package, attend and present the Schematic Design to the Board. The CONSULTANT shall make presentations to the Board(s) as required until approval of the design is obtained. Deliverables: - Attend meetings with the HPB/DRB staff to review and discuss schematic design and obtain input. - Prepare and submit DRB/HPB Application Package as necessary. - Attend the DRB/HPB meeting and present the project. Schedule: -Complete concurrently with 45 calendar day Schematic Design Phase. TASK 3-DESIGN DEVELOPMENT SERVICES Page 11 of 28 Schedule A - 10"' Street AuditoriumBeach Patrol Headquarters and Serpentine Walk The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. Note that Task 3.1 requires that the CONSULTANT reconfirm, to the extent practicable, existing conditions and the accuracy of any available as-built drawings, surveys and maps to be used for development of the contract drawings. Task 3.2 discusses requirements for the preparation of contract documents, inclusive of drawings, specifications and front-end documents. Task 3.3 establishes requirements with regard to constructability and value engineering reviews to be performed by others. Task 3.4 establishes requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task 3.5 establishes the requirements for Community Design Review Meetings. Task 3.6 establishes requirements for developing final (100%} contract documents. Task 3.7 specifies requirements for review of contract documents with jurisdictional permitting agencies prior to finalization. To facilitate the implementation of a Public Information Program, the CONSULTANT shall provide electronic files of all project documents, as requested by the CITY and/or PROGRAM MANAGER for posting on the program website. The CONSULTANT shall provide the electronic files for the front-end documents, technical specifications, and construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format. Task 3.1 -Verification of Existing Conditions: The CONSULTANT shall reconfirm the accuracy of the As-Built drawings discussed in Task 2.1, and update information at the 50% design development level based on improvements that may have been implemented since the Schematic Design Phase, perform structural evaluation of the structures, perform a topographic survey of the existing site under the scope of this project. The survey shall be performed by a Professions! Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shah be prepared in AutoCAD Version 2000 or latest version format with a layering system as directed by the CITY. Baseline of survey shall be tied into the right-of-way and sectionalized land monuments. Right-of-way information shall be obtained from available records by the CONSULTANT. ^ The CONSULTANT shall set benchmarks at convenient locations along the corridor to be used during both the design and construction phases of the project. ^ The CONSULTANT shall locate and identify existing surface improvements / topographic features that are visible along the corridor ,including but not limited to the following: ^ Existing valve boxes, water /electrical meter boxes, electrical pull boxes, telephone /cable risers, fences, hydrants, etc. Page 12 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk ^ Aboveground and underground utilities invert elevations of accessible underground utilities, wood /concrete utility poles, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material /height, and driveway construction materials. Landscaping materials with a trunk diameter greater than 6 -inches in diameter shall be identified individually. Materials with smaller diameters shall be illustrated in groupings. ^ Topographic survey /base map shall be prepared in AutoCAD Version 2000 or latest, and submitted on recordable Compact Disk with three (3) signed and sealed copy on 22-inch by 34-inch bond paper. Note that all standards from the DSM shall apply to the development of the survey document. In addition, the CONSULTANT shall submit 3 copies of a preliminary Draft Survey for CITY and PROGRAM MANAGER review and comment. The CONSULTANT shall prepare a final survey submittal package based on addressing any /all comments submitted through this review process, to the satisfaction of the CITY. All CAD mapping shat( 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 Page 13 of 28 Schedule A - 10'" Street AuditoriuMBeach Patrol Headquarters and Serpentine Walk • Others as deemed necessary by the CONSULTANT The CONSULTANT shall also request information regarding any future proposed improvements by each agency. To facilitate tracking of the progress made in this work effort, the CONSULTANT shall copy the CITY on all correspondence with each agency. In addition, the CONSULTANT shall keep a readily accessible and properly labeled /collated file of all correspondence and markups provided to it by the various agencies for reference use by the CITY, PROGRAM MANAGER and/or CONSULTANT, during construction. Based on the collected data, the CONSULTANT shall develop detailed design base maps for the project. The maps shall include an overall key map and partial plans scaled at 1-inch equals 20 feet or a scale that better suits the project requirements. Deliverables: -Perform work as noted to develop final survey. Deliver three (3) draft five (5) final signed and sealed surveys to CITY. Schedule: -Within 80 calendar days after Task 1 -Planning Phase Notice to Proceed. Task 3.2 -Detailed Design: The CONSULTANT shall prepare all contract documents in accordance with the applicable architectural, and engineering design standards, and in accordance with the requirements of all applicable state, local and federal regulatory agencies having jurisdiction. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The CITY, shall furnish the CONSULTANT with standard CITY specification outlines for Divisions 1. The CONSULTANT shall refrain from amending reference standard specifications (including FDOT), for inclusion in the detail design documents. The CONSULTANT shall provide additional sections that may be required, and are not already provided through the CITY standards, subject to review and comment by the CITY and/or PROGRAM MANAGER. Any supplier listings required by specifications shall include a minimum of two named supplier's and shall meet all applicable CITY and State of Florida procurement codes. Specifications shall be provided to the CITY and or CONSULTANT in "Microsoft MS- Word" format. In addition, the CONSULTANT shall use the same software in all project related work. The CONSULTANT shall utilize base front-end documents provided by the CITY. The CONSULTANT shall edit accordingly to result in a project specific document. Any requirements for Supplementary General Conditions shall be subject to review and acceptance by the CITY. The CONSULTANT shall attend monthly Design Progress Meetings with CITY and PROGRAM MANAGER. Page 14 of 28 Schedule A - 10~' Street Auditoriurrt/Beach Patrol Headquarters and Serpentine walk The CONSULTANT shall submit monthly invoice requests for its services, accompanied by a design progress schedule update form as provided by the CITY. Invoices shall be prepared in a format as provided by the CITY. As a part of this effort, the CONSULTANT shall update and submit the schedule update form. Should the CITY determine that the CONSULTANT has fallen behind schedule; the CONSULTANT shall provide a recovery schedule that shall accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by the CONSULTANT for establishing detail design milestone submittals. Note that CITY review procedures, and CONSULTANT responsibilities associated with such, are discussed under Task 3.3: The 50% design completion stage milestone shall consist of the completed survey, work products of the previously outlined Tasks, with all proposed improvements identified in approved Master Plan, illustrated in plan and elevation views, at a scale of 1-inch equals 20 feet, and with applicable sections and details. In addition, the CONSULTANT shall include draft technical specifications and a draft schedule of prices bid {bid form) identifying the items to be bid by the prospective contractors with the submittal. Also, this submittal shall include the CONSULTANTS "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers. Prior to the preparation of the 50% design completion stage drawings, the CONSULTANT shalt incorporate changes to its design based upon its existing as-built/existing conditions verification efforts and review comments received, as noted in Task 2.1, and 3.3 below. The 90% design completion stage milestone shall consist of a near final construction document set including the front-end documents (general and supplemental conditions), technical specifications and construction drawings for all work proposed to be completed. The CONSULTANT shall include detailed construction sequencing restrictions and special conditions for the CITY's review with this submittal. Prior to the preparation of the 90% design completion stage drawings, the CONSULTANT shall incorporate changes to its design based upon review comments received, as noted in Task 3.3 below In addition, the CONSULTANT shall provide its "Definitive" level opinion of probable cost as defined by the American Association of Cost Engineers with this submittal. Page 15 of 28 Schedule A - 10'" Street AuditoriumlBeach Patrol Headquarters and Serpentine Walk The 100% design completion stage milestone shall consist of the 90% documents updated to include all constructability and design review comments, City of Miami Beach Building Department permitting pre-approval comments as may be provided by the CITY, PROGRAM MANAGER and/or jurisdictional review agency. This set of documents will be used by the CONSULTANT to implement the final City of Miami Beach Building Department Permitting Reviews as noted in the PWP. Deliverables: -Furnish eight (8) sets each of the 50, 90 and 100 percent design completion stage documents to the CITY and or MANAGER, as applicable (four full size and four half size sets at 50 percent; six full size and two half size sets at 90 and 100 percent submittal) - Prepare and update project invoices and schedule tracking spreadsheets, on a monthly basis. - Attend monthly design progress meetings with CITY and PROGRAM MANAGER staff. Schedule: -Complete 50 percent document submittal within 60 calendar days after the Task 3 -Design Phase Notice to Proceed. -Complete 90 percent document submittal within 90 calendar days after Task 3 -Design Phase Notice to Proceed. -Complete 100 percent document submittal within 120 calendar days after Task 3 -Design Phase Notice to Proceed. Task 3.3 - Desian / Constructability Review: To verify that the CONSULTANT is in compliance with required Master Plan, City standards and PWP requirements, the CITY will conduct a series of design submittal reviews on all design project documents, inclusive of cost estimates at the 50 and 90 percent design completion stage submittals. Note that the 90 percent completion stage submittal will be utilized to initiate the City of Miami Beach Building Department permitting pre-approval reviews, and the 100 percent design completion stage submittal will incorporate the review comments, will be used to procure permits from jurisdictional review agency, and may be utilized to obtain pricing via the City's Job Order Contracting {JOC) System. Page 16 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk The purpose of these reviews shall be to verify that the documents are consistent with the design intent, and that they are in compliance with applicable code. "These documents shall be furnished as bound 8-1/2-inch by 11-inch technical specifications and full-size (22-inch by 34- inch) and half size (11-inch by 17-inch) drawings as noted in the Task 3.2 deliverables. The PROGRAM MANAGER and applicable CITY Departments shall perform reviews on these documents and provide written comments (in "Excel" spreadsheet format} back to the CONSULTANT. Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY, the CONSULTANT and PROGRAM MANAGER, to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall address how each comment was resolved, to the CITY, within 5 working days after the review session and/or receipt of the comments, The responses shall be in the spreadsheet format provided to the CONSULTANT. In addition, the CONSULTANT shall revise its documents to address all review comments accordingly, to the satisfaction of the CITY. In addition, the CITY will perform constructability reviews of the design documents relative to value, construction sequencing and bid format. These reviews shall be based upon 50 and 90 percent design submittals received from the CONSULTANT and shall be conducted concurrently but separately from the 50 and 90 percent design reviews noted above. These constructability review meetings shall be held with the CONSULTANT and the CITY representatives to discuss the CONSULTANT's proposed construction sequencing restrictions, and bid formats, and shall be performed by the CITY. The CONSULTANT shall note that the CITY's /PROGRAM MANAGER's review of the contract documents does not relieve the CONSULTANT from its responsibility to the CITY with regard to the quality and completeness of its contract documents. Dellverables: - Attend meetings with the CITY and PROGRAM MANAGER staff to review and discuss design constructabilityavd value comments. - Prepare written responses to comments made during reviews. Schedule: - Complete concurrently with 120 calendar day Design Phase schedule. Page 17 of 28 Schedule A - 10'^ Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Task 3.4 -Cost Opinions: The CONSULTANT shall prepare opinions of probable construction costs for the 50 and 90 percent design completion stage submittals, as well as the final (100 percent) completion stage submittal. The accuracy of the cost estimate associated with the 50 percent completion stage shall be +30% to -15% "Budget" Level as defined by the American Association of Cost Engineers. The accuracy of the cost estimate associated with the 90 and 100 percent completion stage submittals shall be a +15% to -5% "Definitive" Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template supplied by CITY. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost estimate, the CITY will advise the CONSULTANT if portioris of the project need to be deleted, phased and/or bid as alternate bid items to satisfy existing fiscal constraints. In this effort, the CONSULTANT may be required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected project cost will exceed the target budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: - Furnish eight (8) sets of 50, 90 and 100 percent completion stage cost estimates to the CITY concurrently with the design submittals noted in Task 3.2. - Attend meetings with the CITY and PROGRAM MANAGER staff to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation /revision of documents to address such items, as necessary to meet established budget parameters. Schedule: -Complete concurrently with 120 calendar day Design Phase schedule. Task 3.5 -Community Design Review Meetings (this section is deleted from the contractf The CONSULTANT shall attend and participate in Community Design Review Meetings (CDRMs) to review the design progress and concept at different progress levels during the design. The CITY will schedule, find locations for, and notify residents of all such meetings. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who shall review, provide comments and distribute, accordingly. The CONSULTANT shall prepare for, attend and present its documents at up to two (2) CDRMs. Meetings shall be scheduled at the 50% and 90% design completion stages. Note that presentation format shall consist of a Page 18 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk brief Power Point presentation to review Project status, plus review of actual full size plans for the project. The CONSULTANT shall provide sufficient staff at the meeting to address concerns by residents at multiple plan stations. It is anticipated that the CONSULTANT will attend one Pre-CDRM meeting with CITY staffs to review the proposed format of the presentation for each planned CDRM. Task 3.6 -Document Revisions: Based upon the input provided by the residents and/or user groups at the CDRM or other meeting(s), the CONSULTANT shall incorporate necessary contract document revisions, as approved by the CITY. Task 3.7 -Permitting Reviews: The CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from all governmental authorities that have jurisdiction over the Project. The CITY will pay all permit fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. The CONSULTANT shall respond to comments by such authorities within ten working days of receipt of comments unless a different time is agreed to by CITY. It is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting and receiving permits to and from the respective jurisdictional authorities. However, since the CITY will track and monitor progress on the preparation and review of permits and subsequent requests for information, the CONSULTANT shall copy the CITY on all permit related correspondence. This includes CONSULTANT generated minutes from meetings held with related parties. It is recognized by CITY that the time period required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues concerning the permittability of the proposed design and the CONSULTANT's ability to respond to permitting agency requests for information in a timely manner. At the -time of scope preparation, the following governmental authorities that have or may have jurisdiction over Project have been identified: ^ United States Environmental Protection Agency ^ U.S. Army Corps of Engineers ^ Florida Department of Transportation ^ Florida Department of Environmenta! Protection ^ South Florida Water Management District ^ Miami-Dade Water and Sewer Authority Page 19 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk ^ Miami-Dade Department of Public Works ^ Miami-Dade Department of Health and Rehabilitative Services ^ Miami-Dade Department of Environmental Resource Management ^ The City of Miami Beach Building Department ^ The City of Miami Beach Planning Department ^ The City of Miami Beach Historic Preservation Board ^ The City of Miami Beach Public Works Department Note that the CITY's failure to identify governmental authorities that have jurisdiction over Project at this time does not relieve the CONSULTANT from the responsibility to procure alt requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may be negotiated if deemed appropriate by the CITY. Deliverables: - Correspond with noted jurisdictional authorities to establish permitting requirements. - Revise documents and respond to permitting inquiries as required. - Attend meetings with the CITY and/or permitting agency staff as required to review, discuss and finalize permit procurement Schedule: - Complete concurrently within 180 calendar day Design Phase schedule. Page 20 of 28 Schedule A - 10"' Street AuditoriumJBeach Patrol Headquarters and Serpentine Walk Task 3.8 -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 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. Items to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Redi- check° type review of the documents to identify conflicts and inconsistencies between the various project disciplines. TASK 4 -BIDDING AND AWARD SERVICES Please note that the Tasks below address the level of service required for a traditional Advertise / Bid /Award process. As an alternative to this traditional bidding process outlined herein, the City may consider implementing the project via the Job Order Contract (JOC) system, or the Best Value Procurement Method. If such decision is made, it is understood that the Consultant's hours assigned to traditional bidding tasks would be re-distributed, on a not to exceed basis, to complete tasks related to procurement of the job through the JOC system, including, but not limited to the following: • Preparation of a Risk Assessment and Quality Assurance (QA) Plan • Participation at the Joint Scope Meeting • Assistance in filling out JOC standard forms, including Brief Request for Proposal and Notice to Proceed (Suggested Language only. City to input forms into system) • Review of JOC unit cost proposal • Participation in negotiation meetings with JOC Contractor Note that all other duties of the CONSULTANT are not affected by the use of the JOC system. Task 4.1 -Construction Contract Document Review The CONSULTANT shall assist the CITY in the bidding and award the construction contract. The contract documents prepared by the CONSULTANT shall be transmitted to the CITY's Risk Management, Legal and Procurement Departments for verification of appropriate insurance, form and bonding requirements. The CONSULTANT shall assist the CITY in this effort by providing three copies Page 21 of 28 Schedule A - 10~' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk of each Construction Contract Document and participating in meetings, submissions, resubmissions and discussions with these departments, as necessary. The CONSULTANT shall address and re-submit corrections to any CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by the CITY. The CONSULTANT's compensation shall be based upon one meeting with these departments. Task 4.2 -Bid Document Delivery: The CONSULTANT shall provide the CITY with reproducible, sets of contract documents, including digital plot files. These documents shall include responses to all comments obtained during permit reviews and shall incorporate all corrections required by the permitting agencies. The CITY Procurement Department shall reproduce documents and handle the advertising,. distribution, sale, maintenance of plan holder lists and other aspects of bid document delivery to prospective Bidders. Task 4.3 -Pre-Bid Conference and Bid Opening: The CITY will conduct one pre-bid conference and attend the bid opening for the Project Task 4.4 -Addenda Issuance: The CONSULTANT shall provide timely responses to all inquiries received by the CITY from prospective bidders. These responses shall be prepared as written addenda, with the format for such addenda as provided to the CONSULTANT by CITY. These queries and responses shall be documented and a record of each shall be transmitted to the CITY on a same day basis. The CONSULTANT shall prepare necessary addenda as requested by CITY. The CITY will distribute addenda to all plan holders of record accordingly. Task 4.5 -Bid Evaluation: Within five calendar days of receipt of bids, the CITY will forward Bids to the CONSULTANT, who in turn shall evaluate bids for completeness, full responsiveness and price, including alternative prices and unit prices, and shall make a formal written recommendation to the CITY regarding the award of the contract. Non-technical bid requirements shall be evaluated by others. This scope of services includes no allowance for the CONSULTANT's time to assist the CITY in the event of a bid protest. To the proportionate extent the CONSULTANT's services are required in the event of a bid protest, due to a direct action or lack thereof by the CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the CITY. Page 22 of 28 Schedule A - 10'" Street AuditoriumlBeach Patrol Headquarters and Serpentine Walk Task 4.6 -Contract Award: The CONSULTANT shall provide eight (8} sets of Construction Contract Documents, inclusive of Addenda, for execution by the CITY and the successful bidder within five calendar days of request by the CITY. Task 4.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction conference, the CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: ^ Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. ^ Amend /modify front-end documents and / or technical specifications to incorporate changes made via contract addenda. ^ Revise construction contract drawings to include modifications / revisions incorporated via contract addenda as well as the previously incorporated permit review comments. The CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten (10) sets for distribution to CITY within ten (10) calendar days after City Commission approval / contract execution. The following apply to Task 4.1 through 4.7: Deliverables- -Attend and participate in Pre-bid conferences and bid openings. - Respond to questions from prospective bidders and prepare Addenda for distribution by others. - Prepare recommendation of award letter Provide eight (8) sets of contract documents for contract execution - Prepare As-Bid contract documents and reproduce ten (10) sets and forward to CITY. Schedule: -Upon receipt of Task 4 Bidding and Award Services Notice to Proceed and within 90 calendar days TASK 5 -CONSTRUCTION ADMiNISTRATiON SERVICES The CONSULTANT shall perform the following tasks related to the construction administration of the Project(s). These tasks shall be performed for the duration of the Project. Due to the Page 23 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk extensive amount of detailed procedures required to properly manage construction projects, the CITY has developed a Construction Management Manual (CMM) for the construction phase of the Infrastructure Improvement Program. This CMM augments the general program guidelines established in the Project Work Plan (PWP), as provided to the CONSULTANT by the CITY at the commencement of the Project, and provides uniform procedures and guidelines for managing the interface between the CITY, Contractor, PROGRAM MANAGER and CONSULTANT staffs. It is anticipated that the construction timeframes for the Project will be approximate twelve (12} months. Task 5.1 -Pre-Construction Conferences: The CONSULTANT shall attend one pre- construction conference for the Project. The CONSULTANT will prepare and distribute meeting minutes to all attendees and other appropriate parties. At this meeting, it is anticipated that the CITY will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued upon receipt and approval of a construction schedule, schedule of values, submittal schedule and procurement of all applicable construction permits from the Contractor. Deliverables: - Attend and participate in one pre-construction conference for the project and prepare meeting minutes. Schedule: - As scheduled by CITY after receipt of Task 4 Notice to Proceed. Task 5.2 -Weekly Construction Meetinps• The CONSULTANT shall attend weekly construction meetings with the Contractor and applicable CITY representatives on the Project. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish atwo-week look ahead work schedule to allow for proper coordination of necessary work efforts. These meetings shall also serve as a forum for discussion of construction issues, potential changes /conflicts and any other applicable matters. The meetings may include site visits to visually observe /address construction related concerns. The site visits shall be separate and distinct from the "Specialty Site Visits" discussed under Task 4.6. The CONSULTANT will prepare and distribute meeting minutes to all attendees and other appropriate parties. Deliverables: -Attend and participate in weekly construction progress meetings and prepare meeting minutes. Page 24 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Schedule: - -Weekly throughout the project duration. Task 5.3 - Requests for Information /Contract Document Clarification (RFIs /CDCs): The CONSULTANT will 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 contractor. 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 PROGRAM MANAGER's office. Issue CDCs as required. Schedule: -Ongoing throughout project construction duration. Task 5.4 - Requests for Changes to Construction Cost and/or Schedule• The CONSULTANT will receive, log and evaluate all requests for project cost and/or schedule changes from the Contractor. Such requests may be the result of unforeseen conditions, interferences identified by the Contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, permitting requirements that arise after the contract award, and/or additional improvements requested by the CITY. Regardless of the source, the CITY will evaluate the merit of the request, as well as a cursory review of the potential impact of the change in terms of project cost and schedule. The CITY may also review the request with the CONSULTANT, who shall provide a written opinion as to the merit /value, upon request. It is understood that no legal claims assistance or support services are inferred by the work effort noted under this Task. Deliverables:- -Perform independent review of request for cost increase and/or time extension. - Coordinate and participate in meetings, as required, with the CITY and Contractor to resolve and/or negotiate the equitable resolution of request. Provide written opinion and / or recommendation upon request. - Prepare change order documentation in CITY directed format Schedule: -Ongoing throughout project construction duration. Page 25 of 28 Schedule A - 10"' Street Auditorium/Beach Patrol Headquarters and Serpentine Walk Task 5.5 -Processing of Shoa Drawings: The CONSULTANT will .receive, log and distribute shop drawings as appropriate for review. The CONSULTANT shall have 14 calendar days or the number of calendar days specified in the construction contract, (whichever is lesser) from the date of receipt in its office, to review and return shop drawings to the contractor, through the CITY. Deliverables: -Review Shop Drawings and return them to CITY. Schedule: -Ongoing throughout project construction duration. Task 5.6 -Field Observation Services: The CITY will provide field staff to observe the construction of the work. The CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, landscaping, etc...) on an as requested basis. For the purposes of this scope of services, it is assumed that monthly specialty site visits are included. Specialty site visits are assumed to include one or more of the CONSULTANTs Team attendance, as may be requested by the CITY, to review, discuss, resolve field conditions and issues at the job site. Attendance shall be as requested, although a minimum of 24 hour notice will be provided when possible. In cases where conditions require immediate action, the CONSULTANT shall make itself available in the field, as soon as possible, to review /respond to necessary issues. Deliverables: -Provide monthly specialty site visits for the Project. Schedule: -Ongoing throughout project construction duration. Task 5.7 - Project Closeout: Upon receiving notice from the CONTRACTOR advising the CONSULTANT that a Project is substantially complete, the CONSULTANT, in conjunction with appropriate CITY staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of hnal acceptance. The CONSULTANT along with the CITY will develop the list. The list shall be forwarded to the Contractor for corrective action. For the purposes of this Task, please note that substantial completion shall be deemed to be the stage in the construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Upon notification from the CONTRACTOR that all remaining "punch list° items have been resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by Page 26 of 28 Schedule A - 10`^ Street AuditoriumBeach Patrol Headquarters and Serpentine walk the Contractor, the CONSULTANT shall assist in closing out the construction contract. This shall inGude a final punch list walk throughs for verification of completion Deliverables:- Attend field meetings to review substantial and final completion and assist in development of "punch lists°. Schedule: - At the Substantial and Final completion of the project TASK 6 -ADDITIONAL SERVICES (This section will be used as needed during the Project) TASK 7 - REIMBURSABLES Task 7.1 -Reproduction Services: The CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by the CITY. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 7.2 -Travel and Subsistence: The CONSULTANT shall be reimbursed at the United States Internal Revenue Service established rate for travel and subsistence, up to the maximum not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 7.3 - Surveyina: The CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a topographical survey within the project limits to meet the intent of the approved project Scope. This effort shall meet the requirements set forth in Task 3.1. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 7.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a professionally licensed geotechnical firm to perform boring /test excavations as necessary to ascertain soil conditions, in an effort to identify existing conditions for skate plaza location considerations. The scope of such services shall be subject to review and acceptance by the CITY. Costs shall be limited to a $15,000 not-to-exceed amount. Unused amounts shall be credited back to the CITY at the completion of the project. Page 27 of 28 Schedule A - 10"' Street AuditoriuMBeach Patrol Headquarters and Serpentine Walk Minimum Design Features to Be Shown On Drawings The CONSULTANT shall note that the following criteria indicate the minimum design standards to be shown on drawings and is not all encompassing. The CONSULTANT is encouraged to review and recommend changes as it deems necessary, subject to the review and acceptance of the CITY. 10"' Street Auditorium, Beach Patrol Headquarters and Serpentine Walk ^ Survey • Site Layout • Entry Feature/Proposed Driveway Section ^ Demolition Plan for 10th Street Auditorium ^ Demolition Plan for Beach Patro! Headquarters • Life Safety Plan • Roof Plan • Elevations • Building Section ^ Partition Details ^ Details ^ Door Window 8~ 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 8 Isometric ^ Fire Protection Plan Site/ Landscape Improvements ^ Identify existing trees to remain/to be removed/to be relocated ^ Irrigation Plan • Site Furniture/Fixtures/Equipment (FF&E} Page 28 of 28 Schedule A - 10'" Street Auditorium/Beach Patrol Headquarters and Serpentine Walk EXHIBIT IV GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 31 00800. GENERAL CONDITIONS: 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, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have awell-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 [ j 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 updates: monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will. subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [)Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 0720/06 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 V~/ork to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: XX-XX/XX 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 Suret~r 5.1. Bid Bonds, Pertormance 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 q company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY. will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Cade, 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 g 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' ($1,000,00O.OOj Dollars ($) 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 8 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 J 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X) 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. (X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 7 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) [ X J 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. [ J 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. [ J 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 g 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 endorsed to provide CITY with cancellation and/or restriction. Restriction--The policy(ies) must be at least thirty (30) days notice of 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 pertormed and valid for the jurisdiction in which the Work is to be pertormed 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, alt 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 Riaht to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. 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 Soecifications 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 all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. 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. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary. drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 I S 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to 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. [ j 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 interterence 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 Comoleted Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: XX-XX/XX 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 aif 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 !~10: XX-X.~C/XX CITY OF MIAMI BEACH DATE: 07/20/06 Zl 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 YO: XX-XX/XX CITY OF MIA1-II BEACH DATE: 07/20/06 22 33. Value EnQineerinq: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT wilt 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. Changes 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 KO: XX-XX/XX CITY OF MIAMI BEACH DATE: 0720/06 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-XX1XX 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 CONTRACTOR shall bond are increased increased. Contract change increasing the Contract Price, ensure that the performance bond and payment so that each reflects the total Contract Price as 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 pertormance 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 25 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of pertorming 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 pertormed 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 wilt 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 pertormance 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 pertormance 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 Delay' Comoensable~ 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 MIA:~1I 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 NIA 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 I____nterest: 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 rom t ordinance, as such relates to timeliness of payment, and the provisionseof BID NO: XX-X,Y/XX CITY OF MIAMI BEACH DATE: 07120/06 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 Drawinas: 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 pertormed 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: X?C-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 Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shalt 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-X.~UXX CITY OF MIAMI BEACH DATE: 07/20/06 ~~ 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR' 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 1Y0: XX-XX/XX CITY OF MIAMI BEACH DATE: 07/20/06 35 [ X J 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 Sign: 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. Cleaning Ug; City's Right to Clean Ug~ CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Equal Emgloyment 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. Project Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: XX-X.X/XX CITY OF MIAMI BEACH DATE: 07/20/06 38 EXHIBIT V PROPOSAL DOCUMENTS 32 REQUEST FOR QUALIFICATIONS FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-CONSTRUCTION SERVICES FOR THE RENOVATION AND CONSTRUCTION OF THE 10th STREET AUDITORIUM/BEACH PATROL HEADQUARTERS RFQ # 29-06/07 RFQ OPENING: April 30, 2007 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALLVohn\RFQ-29-0b-07.doc m MIAMIBEACH m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vnvw.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR QUALIFICATIONS FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-CONSTRUCTION SERVICES FOR THE RENOVATION AND CONSTRUCTION OF THE 10T" STREET AUDITORIUM/BEACH PATROL HEADQUARTERS. Request for Qualifications (RFQ) No. 29-06/07 Scope of Services The purpose of this Request for Qualifications (RFQ) is to obtain qualifications from Construction Manager at Risk firms (CMR) than can assist the City early in the project development process, to work in conjunction with the commissioned project Architect, both would work as a team, to provide the City the most economical and practical implementation methods for the renovation and construction of the 10~' Street Auditorium/Beach Patrol Headquarters. The CMR's services shall include, without limitation, all of the Pre-Construction Services set forth below, and upon approval by the City of the Guaranteed Maximum Price (GMP), and as contemplated in the GMP Amendment or Amendments, 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. The CMR shall review Project requirements, existing on-site and off-site development, surveys, and the preliminary budget, and make recommendations to the City for revisions to the Contract Documents. The CMR shall prepare a Preliminary Project Schedule in accordance with the Contract Documents and, in coordination with the City and the Architect/Engineer, identify all phases, critical path activities, and critical duties of each of the Project Team members. The CMR shall, at each remaining Design Phases, review the Contract Documents and advise the City and the Architect/Engineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR 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 CMR shall attend all Project related meetings. The CMR shall provide Pre-Construction Services, and will be compensated by the City for such services, based upon a fixed fee, to be negotiated. At the conclusion of the Pre-Construction Services, the CMR 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. Sealed qualifications will be received until 3:00 PM on April 30, 2007, at the following address: City of Miami Beach City Hall Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 March 27 2007 RFQ No: 29-06/07 City of Miami Beach 2 of 45 Any response received after 3:00 PM on April 30, 2007, will be returned to the consultant unopened. The responsibility for submitting qualifications before the stated time and date is solely the responsibility of the consultant. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A non-mandatory Pre-RFQ Submission Meeting is scheduled for April 13, 2007 at 10:00 a.m. at the following address: City of Miami Beach City Hall City Manager's Large Conference Room -- Fourth Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The City of Miami Beach has contracted with BidNet and has is utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home 1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Attendance (in person) to this Pre-RFQ submission meeting is encouraged and recommended as a source of information but is not mandatory. The City of Miami Beach is also using RFP Depot; a central notification system witch provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rtpdepot.com If you do not have Internet access, please call the RFP Depot's vendor support group at 801-765- 9245. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, orwaive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR QUALIFICATIONS IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 3 of 45 YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR QUALIFICATIONS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO.2000-23879. • DEBARMENT PROCEEDINGS --ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363, Sincerely, I Gus Lopez, CPPO Procurement Director March 27 2007 RFQ No: 29-06/07 City of Miami Beach 4 of 45 ~~~ ~~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS Page I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Analysis 6 B. Purpose 7 C. RFQ Time Table 7 D. Qualification Submission 7 E. Pre-RFQ Submission Conference 8 F. Contact Person 8 SCOPE OF SERVICES 9-12 III. QUALIFICATION STATEMENT FORMAT 13-14 IV MINIMUM REQUIREMENTS /QUALIFICATIONS 15-16 V. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 17-18 VI. LEGAL TERMS AND CONDITIONS /INSURANCE 19-25 VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY -Risk Assessment Plan 27 -Acknowledgment of Addenda 28 -Declaration 29 -Sworn Statement/Section 287.133(3)(a), Florida Statutes -Public Entity Crimes 30-31 -Questionnaire 32-35 VIII. "BEST VALUE PROCUREMENT" DOCUMENTS TO BE COMPLETED BY RESPONDENTS AND PREVIOUS CLIENTS -Attachment 1 (Detailed Instructions for Reference List ~ Surveys) 37-41 -Attachment 2 (Risk Assessment Plan) 42-44 -Attachment 3 (Performance Evaluation Surveys) 45-46 March 27 2007 RFQ No: 29-06!07 City of Miami Beach 5 of 45 SECTION I - OVERVIEW A. INTRODUCTION /ANALYSIS On May 16, 2001, the City approved an Agreement with STA Architectural Group (STA) to develop a Master Plan, and Project Study for long-term improvements and to complete design documents for short-term and priority maintenance improvements. The Master Plan was presented and approved by the Historic Preservation Board (HPB) at the August 13, 2002, meeting. However, even with strong consensus and community support of the Master Plan, there was insufficient funding available to implement said Plan at the time. On November of 2004, the Miami-Dade County General Obligation (G.O.) Bonds were approved by the voters. These bonds included $7,000,000 for this project, increasing the budget to $7,775,925. STA was then directed to provide an updated cost estimate and a revised proposal including reprogramming of the facilities; revalidating and updating the Master Plan; and Design, Bid and Award, and Construction Administration services for the Project. The revised proposal was submitted to the City in late 2005.On May 10, 2006, the City approved an Agreement with STA to proceed with the Project. The updated Master Plan was presented and approved by the HPB at its December 12, 2006, meeting. The Plan proposes to retain and restore the existing Beach Patrol Headquarters, as well as the western portion of the existing 10~' Street Auditorium; the primary structures of historical significance. The remaining portion of the Auditorium building will be demolished to accommodate a new 2-story addition to the retained and preserved western portion, which will service the needs and requirements of both the Beach Patrol Headquarters and the Miami Design Preservation League (MDPL). The new Auditorium addition will be detached from the Beach Patrol Headquarters, allowing for its substantial restoration, including the West elevation. The design restores the historic North-South pedestrian connection within Lummus Park that was lost when the two buildings were attached, as part of the Auditorium construction. CIP staff has studied the use of Construction Management at Risk (CMR) for the project in lieu of a standard Design-Bid-Build process. Under the CMR approach, the Owner enters into an agreement with a Contractor early in the process. The Architectural and CMR firms would work as a team to provide the City with the most economical and practical implementation of the project. During the design process, the Contractor provides Constructability, Value Engineering, and Construction Methods advice so that the final Construction Documents result in a more accurate price. The end result is a Guaranteed Maximum Price (GMP) from the Contractor, which is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the owner. In this approach, the CIP staff is involved in monitoring both the Design Professionals and the Contractor throughout the complete Project process. This tends to minimize additional services requests from the Design Professionals, since most of the issues which may arise during construction are addressed previously, during the team design phase reviews. Additional costs from the Contractor, including time extensions, are also minimized, since the GMP method prohibits most project cost adjustments. Under this approach, time is of the essence to the Contractor because there will be no compensation considered for delays. This delivery method works particularly well with renovation projects, since the CMR can provide valuable assistance in verifying existing/unforeseen conditions and making recommendations concerning the availability of construction materials, and the impact it may have on the design that can be delivered in today's market, within the time constraints required. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 6 of 45 The "Best Value" Procurement process will be used to select a firm with the necessary experience and qualifications, the ability, capacity and proven past successful performance in providing Construction Management at Risk services. B. PURPOSE The purpose of this Request for Qualifications (RFQ) is to secure the services of a Construction Manager at Risk Firm (CMR) firm to provide Pre-Construction services and all required construction in order to achieve a Guaranteed Maximum Price (GMP) for the Renovation and Construction of the 10T" Street Auditorium/Beach Patrol Headquarters. RFQ TIMETABLE The anticipated schedule for this RFQ and Contract approval is as follows: RFQ to be issued March 27, 2007 Pre-Qualification Conference April 13, 2007 Deadline for receipt of questions April 20, 2007 Deadline for receipt of responses April 30, 2007 Evaluation Committee May 2007 Commission approval/authorization of negotiations June 6, 2007 Contract negotiations June /July, 2007 Projected award date July, 2007 Projected contract start date July, 2007 D. QUALIFICATIONS SUBMISSION An original and ten (10) copies of Consultants' qualifications will be received until 3:00 p.m. on April 30, 2007, at the following address: City of Miami Beach City Hall Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Consultant's name, address, telephone number, RFQ number and title, and due date. No facsimile or a-mail responses will be considered. The responsibility for submitting a response to this RFQ to the Procurement Division on or before the stated time and date will be solely and strictly that of the Consultant. The City will in noway be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFO due date and time will not be accepted and will not be considered. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 7 of 45 E. PRE-RFQ SUBMISSION CONFERENCE A Pre-RFQ Submission Meeting is scheduled for April 13, 2007 at 10:00 a.m. at the following address: City of Miami Beach City Hall City Manager's Large Conference Room -- Fourth Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person) to this Pre-RFQ submission meeting is encouraged and recommended as a source of information but is not mandatory. F. CONTACT PERSON The contact person for this RFQ is John Ellis, Assistant Procurement Director. Mr. Ellis may be reached by phone: 305.673.7494; fax: 305.673.7851; or a-Mail: johnellis@miamibeachfl.gov. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Consultants relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or a-mail requests are acceptable. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFQ. Consultants should not rely on representations, statements, or explanations other than those made in this RFQ or in any Addendum to this RFQ. Consultants are advised that oral communications between the Consultants or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or Evaluation Committee members is prohibited. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 8 of 45 SECTION II -- SCOPE OF SERVICES The Construction Manager's (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set forth below and, upon approval by the City of the GMP, and as contemplated in the GMP Amendment or Amendments, and such other Amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities with respect to the Work and the Project, all of the Construction Services required to complete the Work in strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP, when established, and within the Contract time. The CMR shall review Project requirements, existing on-site and off-site development, surveys and preliminary budget, and make recommendations to the City for revisions. The CMR shall prepare a Preliminary Project Schedule in accordance with the Contract Documents and incoordination with the City and the Architect/Engineer, identifying all phases, critical path activities, and critical duties of each of the Project team members. The CMR shall, at each remaining design phase (i.e. 60% design development and 100% Construction Documents), review the Plans, and advise the City and the Architect/Engineer regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The CMR 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 CMR shall attend all Project related meetings. The CMR's Pre-Construction Services shall be provided, and the City shall compensate CMR for such services, based upon a fixed fee. At the conclusion of the Pre-Construction Services, the CMR 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. The successful firm will be tasked with the following duties and responsibilities: Task 1-Coordination with the Design Professional: In providing the Construction Manager'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 under the City. It is not intended that the services of the A/E and the CMR be competitive or duplicative, but rather be complementary. Task 2 -Design Phase: Review of Design Documents, Scheduling, Estimating 8 Cost Control: The CMR shall meet with the Architect/Engineer and City representatives to review the most current Exhibit "A" of the Architect/Engineer's 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 Exhibit "A" to the Architect/Engineer's Contract. The CMR, as a result of the above-noted review of the design documents and recommendations provided to the City, shall be fully responsible for the coordination of the drawings with the written specifications. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 9 of 45 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 constructabilitysnd 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 agrees specifically 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 the documents; and incompatibility, or conflicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions. Task 3 -Bid and Award Phase The CMR shall prepare a Subcontractor's Pre-Qualification Plan in compliance with the requirements currently determined by the City. The CMR shall submit to the City the CMR's list of pre-approved sub-contractors for each element of the Work to besub-contracted by the CMR. This list shall be developed by the execution by the CMR of the Sub-contractor's Pre-Qualification Plan noted above. The City reserves the right to reject any sub-contractor proposed for any bid to be considered by the CMR. Any claims, objections or disputes arising out of the Pre-Qualification 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 Pre-Qualification Plan and/or the sub-contractor's list, except where the sole cause of the matter is a City directed decision. Task 4 -Guaranteed Maximum Price (GMP) After taking, reviewing and identifying the proposals from the responsive and responsible sub- contractors, the CMR shall propose to the City, a Guaranteed Maximum Price (GMP), which shall be the sum of the proposed sub-contracts and the CMR's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency amount. The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of sub- contract bids to the full completion of the Project. Prior to acceptance and execution of the GMP, the CMR shall submit a Best Value Quality Control Plan that identifies risks and potential risks that the CMR does not control, or risk that is impacted by factors that the CMR does not control, and includes the CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation or event that could negatively impact the project's cost, schedule, quality and the City's expectations. Upon acceptance and execution of the GMP proposal, by the City, the CMR shall enter into Sub- contract Agreements with the sub-contractors selected for the amounts included in the GMP Proposal for that sub-contract work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Project as well as a CMR with regard to other services required by the Contract Documents. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 10 of 45 Task 5 -Construction Phase Once the City has accepted the GMP, the City will issue a GMP Amendment which will include the Contract for Construction. Activities include but are not limited to: The CMR shall coordinate site Construction Management Services including but not limited to: regular job site meetings, maintaining daily on-site project log and schedule report, overseeing Quality Assurance, Testing and Inspection Programs, monitoring Construction Management staff and sub-contractor work performance for deficiencies, maintaining record copies of all Contract Documents, Change Orders and other documentation on site, overseeing Construction Management staff and subcontractor safety programs. 2. The CMR shall staff each assigned project in a satisfactory manner. As a minimum, the CMR site personnel during the construction phase will include: a Project Manager, afull-time Project Superintendent and Project Administrative personnel. The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively. 3. The CMR shall update and maintain master project schedules, detailed construction schedules, submittal schedules, inspection schedules and occupancy schedules. 4. The CMR shall prepare a Schedule of Values associated with the bid package identified and submit it for approval by the Architect and City's representative(s). All payment requests must be in accordance with the Schedule of Values approved. 5. The CMR shall process payment requests for approval by the Architect and the City's representative(s). 6. The CMR shall process any Change Orders due to scope and modifications and shall submit it for approval by the Architect and the City's representative(s), including a cost estimate of the proposed change. 7. The CMR shall process Requests for Information (RFI's) and coordinate with the Architect. 8. The CMR shall provide construction program accounting and reporting to the City as required. 9. The CMR shall monitor for the presence of existing asbestos containing building materials and certify to the City that no asbestos containing material has been used. 10. The CMR shall provide Monthly Progress Reports to the City. 11. The CMR shall submit exception-based status reports, associated with the Best Value Quality Control Plan, addressing conditions, situations, and events that introduce risk to the project, in terms of cost, schedule, quality, and City's expectations, and including the CMR's plan to mitigate the risk (s). 12. The CMR shall coordinate with the Architect and City representative(s) the Substantial and Final inspections, prior to the Architect's approval and issuance of the Certificate of Substantial Completion. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 11 of 45 Task 6 -Post-Construction Phase The CMR will coordinate Project Close-out, Start-up and transition to operation, per the Contract for Construction. Activities include but are not limited to: 1. The CMR shall coordinate project Close-Out, Start-up and transition to operation. 2. The CMR will coordinate with the Architect to provide a complete project record including Project Manual and CADD drawings to show all construction changes, additions, and deletions compared to the Construction Document (CADD disks will be provided to the CMR by the Architect). 3. The CMR will coordinate with the City to prepare the Certificate of Final Inspection. 4. The CMR will obtain and review for completeness, have corrected if necessary, and submit to the City, following the Architect's approval, all Warranties, Operations and Maintenance Manuals, and other such documents. 5. The CMR is responsible to the City for Warranties and Guaranties. 6. The CMR will complete all punch-list items generated by Contractor during their inspections. 7. The CMR will coordinate and conduct the Occupancy Evaluation and Warranty Inspection. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 12 of 45 SECTION III -QUALIFICATIONS FORMAT Submittals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Firms must submit the documentation within five (5) calendar days upon request from the City, or the qualification shall be deemed non-responsive. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. Introduction letter outlining the contractor's experience providing Construction Management at Risk (CMR), provide past experience to support the qualifications of the submitter. Interested contractors should submit documents that provide sample projects that can support the company's capability of performing CMR Services for projects of the same size and complexity as required by this Request for Qualifications (RFQ). Respondents must provide documentation which demonstrates their ability to satisfy all of the Minimum Qualification requirements (Section IV, Pages 14-15) Client references. List 10 minimum client references, (name, title, company, address, telephone, email and fax). 3. Client Survey: Please provide your clients with the Performance Evaluation Letter and Survey attached herein on pages 45 and 46, and request that your client submit the completed survey to the contact person listed on page 7. Past performance information will be collected on all Contractors. Contractors are required to identify and submit their best projects. Contractors will be required to send out Performance Evaluation Surveys to each of their clients. Contractors are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site- visitation, and other independent confirmation of data. All Performance Evaluation Surveys must come directly from the clients, via a-mail or by mail to the contact person listed on page 7. Surveys received directly from the prospective Consultants/Firms will NOT be considered. 4. Price Proposal: None is required at this time. Fees are to be negotiated with the selected firm(s) under each professional category. 5. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 27-46) 6 Provide Disadvantage Business Enterprise Certification documentation. (State of Florida or Miami-Dade County) 7 Any other document required by this RFQ. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 13 of 45 IV. MINIMUM REQUIREMENTS /QUALIFICATIONS: ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION MUST MEET THE MINIMUM REQUIREMENTS/QUALIFICATIONS AS PROVIDED IN THIS SECTION. IF THE MINIMUM REQUIREMENTS/QUALIFICATIONS ARE NOT MET, THE FIRM'S SUBMITTAL WILL BE DEEMED NON-RESPONSIVE. Project Team's Experience: Proposed project team (i.e., prime consultant and/or sub-consultants) must have provided CM @ Risk, Design-Build, or General Construction services, all or any combination of these delivery methods, to at least three (3) clients in the past five (5) years. In addition to the three (3) sample projects requested above, Prime Consultant (i.e., firm who is submitting the proposal), must list all CM @ Risk, Design-Build or General Construction projects undertaken in the past five (5) years, to include the scope of each project and the construction value, and the Prime Consultant's responsibilities. As an alternative, the Prime Consultant may submit a copy of a completed Standard Form (SF) Form 254. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have a minimum of five (5) years' experience in the management of construction projects, and be knowledgeable in the management of project schedules and budgeting. 3. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. If the requested information is omitted, Firms must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. 4. Risk-Assessment Plan (RAP): All Contractors must submit aRisk-Assessment Plan (RAP). The RAP must not be longer than four (4) pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFQ response. The RAP shall not have any indication of who is submitting the document; no letterheads or naming of the company who prepared the document shall be accepted. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Contractor not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces please. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 14 of 45 SECTION V -EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection is as follows: • Request for Qualifications issued. Receipt of responses. • Opening and listing of all responses received. • Review all submitted RFQ's for responsiveness. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. • The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. THE EVALUATION COMMITTEE SHALL BASE ITS RECOMMENDATIONS ON THE FOLLOWING FACTORS: (As per Statute 287.055 - CCNA) 1. The experience, qualifications and portfolio of the Principal Firm (15 points). 2. The experience, qualifications and portfolio of the Project Manager (15 points). 3. The experience and qualifications of the professional personnel assigned to the Project Team (10 points). 4. Risk Assessment Plan (RAP) for ensuring quality of work (15 points). 5. Willingness to meet time and budget requirements as demonstrated by past performance (5 points). 6. Certified Minority Business Enterprise participation (5 points). Either the Prime Consultant or the sub-Consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. 7. Location of the firm (5 points). 8. Recent, current, and projected workloads of the firm (5 points). 9. The volume of work previously awarded to each firm by the City (5 points). 10. Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 11. Demonstrated success in leading active collaborative stakeholder processes to achieve consensus on program and design in similar size and scope projects based on budget and size (10 points). March 27 2007 RFQ No: 29-06/07 City of Miami Beach 15 of 45 The Evaluation Committee will rank no less than three firms as follows: a. The firm with more than 50% of the Committee Members' first-place ranking will be deemed the top-ranked firm. The second and third rank firms will be ranked based on the total low aggregate score. For example, a Committee of seven (7) members rank the firms as follows: A. B. C. 4 - 1ST place votes (4x1=4) 2 - 1St place votes (2x1=2) 1 - 1St place votes (1x1=1) 1 -2"d place vote (1x2=2) 4 - 2"d place votes (4x2=8) 2 - 2"d place vote (2x2=4) 2 -3'~ place votes (2x3=6) 1 - 3`~ place votes (1x3=3) 4 - 3`~ place votes (4x3=12) 12 13 17 Firm A received more than 50% (4 out of 7) first place votes, and is therefore the top ranked firm. Firm B received a score of 13, and is therefore, the second-ranked firm, and so forth. If no firm receives more than 50% of the first-place votes, then the top-ranked and subsequent ranked firms will be determined on the total low aggregate score as shown on the above example. Important Note: By submitting a response, all Consultants shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 16 of 45 SECTION VI -LEGAL TERMS AND CONDITIONS /INSURANCE A. MODIFICATIONNVITHDRAWALS OF SUBMITTALS A consultant may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in any responses received as a result of this RFQ. C. COST INCURRED BY CONSULTANTS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the consultant(s) and not be reimbursed by the City. D. EXCEPTIONS TO RFQ Consultants must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Consultants are hereby notified that all information submitted as part of a response to this RFQ will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 17 of 45 G. PROTEST PROCEDURES Consultants that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; LICENSING REQUIREMENTS Consultants are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 18 of 45 M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. Q. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services pertormed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 19 of 45 Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. R. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful consultant upon a termination as provided for in this section. S. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. T. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 20 of 45 U. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS The General Municipal Election for 2007 is under way and some candidates have already filed their intent to run forthe office of Mayor or Commissionerfor the City of Miami Beach. It is of utmost importance that you familiarize yourself and adhere to the requirements set forth in the City's Vendor Prohibited Campaign Contributions Ordinance No. 2003-3389 (the "Ordinance"). FAILURE TO ADHERE COULD RESULT IN YOUR DISQUALIFICATION FROM TRANSACTING BUSINESS WITH THE CITY FOR A PERIOD OF TIME. The Ordinance was adopted to ensure that no person who is a vendor of the City of Miami Beach, gives a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of Mayor or Commissioner. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. The definitions of "vendor" and "controlling financial interest" are as follows: "Vendor" means a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. "Controlling Financial Interest" means the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. "Firm" means a corporation, partnership, business trust or any legal entity other than a natural person. W. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 21 of 45 X. AMERICAN WITH DISABILITIES ACT Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 22 of 45 EXHIBIT VI INSURANCE CHECKLIST 34 INSURANCE CHECK LIST XXX 1.Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4.Excess Liability - $ . 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $______. 00 _ Liquor Liability $_~ . 00 __ Fire Legal Liability $ . 00 __ Protection and Indemnity $_ . 00 ___ Employee Dishonesty Bond $_ . 00 XXX Professional Liability $1,000,000.00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+:VI or better, latest edition. XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT S~ATEMENT: We understand the Insurance Require nts of insurance may be required within five (5 s to that evidence of this MC_ M_Corp. __ Vendor March 27 2007 City of Miami Beach re of Vendor RFQ No: 29-06107 23 of 45 ~~l~M CERTIFICATE OF LIABILITY INSURANCE o5iioiz o PRODUCER (305)445-3535 FAX (305)447-9478 Fortun Insurance Agency, Inc. 365 Palermo Avenue 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. Coral Gables, FL 33134-6607 Margaret Cej as INSURERS AFFORDING COVERAGE NAIC # INSURED Magnum Construction Management Corp. INSURER A: Continental Casualty 20443 DBA: MCM Corp. INSURER B: Transportation Insurance Company 20494 6201 SW 70 Street INSURER C: 2nd Floor INSURER D: Miami, FL 33143 INSURER E: 19Af.CC• V V Y LI\l1v~v 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. INSR DD' TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2084404910 08/31/2006 08/31/2007 EACH OCCURRENCE $ 1 , OOO , OO )( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300, 00 CLAIMS MADE a OCCUR MEO EXP (Any one person) $ 10, 0D A PERSONAL 6 ADV INJURY $ 1 ~ 000 ~ 00 GENERAL AGGREGATE S 2 ~ D00 ~ 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG S 2 ~ 000 ~ QO POLICY jEa LOC AUT OMOBILE LIABILITY BUA 2084859546 08/15/2006 08/31/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1 , D00 . 00 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIREDquros FL NO-FAULT BODILY INJURY S X NON-0WNED AUTOS UM/IM (Per accident) X $1,000 Comp. Deduc PHYSICAL DAMAGE PROPERTY DAMAGE $ X $1, 000 Coll . Deduc ACTUAL CASH VALUE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG S EXCESSAIMBRELLA LIABILITr 2084404910 08/31/2006 08/31/2007 EACH OCCURRENCE a 10, 000, 00 X OCCUR ~ CLAIMS MADE AGGREGATE S LO, OOO, OO A $ DEDUCTIBLE S X RETENTION S 10 r 00 $ WORKERS COMPENSATION AND WC257352494 08/31/2006 08/31/2007 X wcsTATU- oTH- A EMPLOYERS' LUIBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1 , 000 , 00 OFFICER/MEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYE $ 1 , 000 , OO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S 1 , D00 , 00 oT ER nand Marine- 2084859532 08/31/2006 08/31/2007 Limit: $500,000 Any one item A Leased/Rented or $500,000 maximum orrowed E ui ment 55,000 deductible DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH REGARDS TA GENERAL LIABILITY. % Wind & Hail Deductible, subject to $50,000 minimum/55,000 All other perils deductible. 30-DAY CANCELLATION/10 NON-PAYMENT [EXCEPT FOR WORKERS COMP.] )**SUB7ECT TO POLICY TERMS & CONDITIONS. CFRTIFICATF 41A1 flFR CA[AICt=1 I ATIAW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF MIAMI BEACH EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY HALL 3O_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PROCUREMENT DIVISION--THIRD FLOOR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1700 CONVENTION CENTER DRIVE OF ANY KIND UPON THE INSURER, f73 AGENTS OR REPRESENTATIVES. MIAMI BEACH, FL 33139 AUTHORIZED REPRESENTATIVE ~ ~~ ~~~` Hector Fortun/CE j ' " ACORD 25 (2001108) ©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. ALVKU Z5 (Z001/OS) SECTION VII -DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY March 27 2007 RFQ No: 29-06/07 City of Miami Beach 24 of 45 REQUEST FOR QUALIFICATIONS N0.29-06/07 Risk-Assessment Plan (RAP) All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than four pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFQ response. The RAP shall not have any indication of who is submitting the document; no letterheads or naming of the company who prepared the document shall be accepted. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Contractor not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces please. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 25 of 45 REQUEST FOR QUALIFICATION NO. 29-06/07 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: 29- 06/07 Addendum No. 1, Dated April 17, 2007 Addendum No. 2, Dated April 26, 2007 Addendum No. 3, Dated May 3, 2007 Addendum No. 4, Dated M.o~-4 ~ Ot-1~, ~~ Addendum No. 5, Dated Part It: _ _ No addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff 05/11/2007 Date 05/11/2007 (Date) March 27 2007 City of Miami Beach RFQ No: 29-06/07 26 of 45 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this 19 day of May , 2007. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contactual relationship between the consultant and the City of Miami Beach, Florida, for the performance o gall requirements to which the response pertains. The consultant states that the response is based on th documents id Y~by the following number: RFQ No.29-06/07 TURF Jo_r_ge Munilla PRINTED NAME President TITLE (IF CORPORATION) March 27 2007 RFQ No: 29-06!07 Ciry of Miami Beach 27 of 45 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami Beach [print name of public entity] by .Ior_ge Munilla, President [print individual's name and title] for Magnum Construction Management Corp. d/b/a MCM Carn [print name of entity submitting sworn statement] whose business address is 6201 SW 70th Street, 2nd Floor, Miami, FL 33143 and (if applicable) its Federal Employer Identification Number (FEIN) is 592373403 entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: (If the - -- ~ .) 5. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 6. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 7. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes. means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. March 27 2007 City of Miami Beach RFQ No: 29-06/07 28 of 45 5) I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] _ '' Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. .The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH D CEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I M REQUIRED TO ORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT I XCESS OF TH SHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STA E ATEGO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS .RM ~, _ ature] Sworn to and--s--ubs~~cribed before me this __ ~~ day of May Personallvlznew~ OR Produced identification Notary Public -State of Florida ,2007 My commission expires _ 0(- 6G, -Q~_ (Type of Identification) '"~" ~s'~"`"~, ALINA D. BROTONS MY COMMISSION N DD277289 ~ov~~ EXPIRES: January 06, 2008 (Printed typed or stamped Commissioned name of Notary Public) March 27 2007 City of Miami Beach RFQ No: 29-06/07 29 of 45 QUESTIONNAIRE Consultant's Name: MCM Corp. Principal Office Address: 6201 SW 70th Street, Second Floor Miami, FL 33143 Official Representative: Jorge Munilla Individual Partnership (Circle One) orporatio If a Corporation, answer this: When Incorporated: November 29th, 1983 In what State: Florida If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Jorge Munilla Vice-President's Name: _ Pedro Munilla, Fernando Munilla, Juan Munilla Treasurer's Name: Raul Munilla Members of Board of Directors Jorge Munilla, Pedro Munilla, Fernando Munilla, Juan Munilla and Raul Munilla March 27 2007 RFQ No: 29-06!07 City of Miami Beach 30 of 45 Questionnaire (continued) N/A If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating your business: 24 a. Are you a General Contractor?__ ~ Yes ~ No b. If yes, please provide the following information. License/Certification#/Registration# # Years CGC023834 24 c. What is the last Construction Management at Risk or related project that you have completed? Dorset Hote! 2. Have any agreements held by Consultant/Contractor for a project ever been canceled? Yes () No (~) If yes, give details on a separate sheet. 3. Has the Consultant/Contractor orany principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5j years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: N/A March 27 2007 City of Miami Beach RFQ No: 29-06/07 31 of 45 Questionnaire (continued) 4. Has the ConsultantlContractor or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership?Yes () No (~) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( )have not (~) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: please see attached list A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) None March 27 2007 RFQ No: 29-06/07 City of Miami Beach 32 of 45 Claims & Suits M C ~ ' MCM v. Turner-Austin Construction / i Miami International Airport Case Numbers: 04-11610 CA 21 04-16298 CA 25 03-29535 CA 06 ' 04-8822 CA 08 ~ 04-14963 CA 27 04-27466 CA Nature of Litigation: Change Order Disputes Status of Cases: Every case has been settled with the exception of those ' involving two subcontractors both managed by Mr. Orlando ' Casariego (CCSI and 3C) , MCM v. Subs in JMH Parking Garage Case Numbers: 03-3059 CA 11 03-12301 CA 22 ' 03-1223 CA 15 03-24504 CA 08 03-6768 CA 06 / DS 03-00913 Nature of Litigation: Change Order Disputes Status of Cases: Settled Seaside Waterfront v. MCM Case Number: 02-18382 CA 24 Nature of Litigation: Foreclosure of Mechanics Lien Status: Settled MCM v. Miami-Dade County Public Schools Case Number: 03-1102BID Nature of Litigation: Bid Protest Status of Case: Administrative hearing. MCM awarded Project. Consolidated Electrical Supply v. MCM Case Number: 03-1642 H Nature of Litigation: Sub-contractor supplier Dispute. Status: Settled. Tri County Refrigeration Inc. v. MCM, Case Number: 04-76936 CA 04 Nature of Litigation: Sub-contractor supplier dispute. Status: Claim Settled. Claims & Suits M C IVa KCG , Rew Materials, Delta Building Supplies v. Masterly Drywall & Travelers Case Number: 05=20923 CA 35 Nature of Litigation: Sub-contractor supplier dispute. Status: Settled. Claim assigned to MCM. Banner Supply v. Travelers Case Number: 06-03282-SP 04 Nature of Litigation: Sub-contractor supplier dispute. Status: Settled. Claim assigned to MCM. Remington Steel v. MCM Case Number: OS-23642CA OS Nature of Litigation: Sub-contractor supplier dispute. Status: Settled. Claim assigned to MCM. MCM v. Gustafson and Kunz Case Number: OS-1125 CA OS-1553 CA Nature of Litigation: Theft Status: In litigation. Carolina Consulting Corp. v. MCM Corp Case Number: OS-23986 CA20 Nature of Litigation: Sub-contractor supplier dispute. Status: In litigation. Hughes Supply v. Carolina Consulting Case Number: 06-CA-1141 Nature of Litigation: Sub-contractor supplier dispute. Status: Settled. Claim assigned to MCM. Aneco Electrical Construction v. MCM Corp Case Number: 32 Y 1 10 00494 03 Nature of Litigation: Sub-contractor Delay Damages Status: Settled amicably during arbitration. Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. Carolina Norgaard Alexis Leal Fernando Munilla Mercy Ramirez Gus Fernandez Mark Hammerschmidt Tony Manning Eddie Martinez Richard Heissenbottle, AIA March 27 2007 RFQ No: 29-06/07 City of Miami Beach 33 of 45 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name IF INDIVIDUAL: IF PARTNERSHIP: By: WITNESS: Sig~at--urrr^^e . ~I~+''~ Print Name ~ 9. fl ''j ~ ~ 'i, ~~/ ri•~J j '',r f ,r (CORPOI~A,T.E SE~i= .T 1,,~~~I3 ;~ .~ v a e u . •,t~e',,3 March 27 2007 City of Miami Beach IF CORPORATION: Signature Print Name Print Name of Firm Address General Partner Print Name MCM Corp. _ _ _ Pr t Name of Corporation 6201 SW 70th St'eet, 2nd Floor, Mid, FL ey: Attest: President RFQ No: 29-06/07 34 of 45 SECTION VIII - "BEST VALUE PROCUREMENT" DOCUMENTS TO BE COMPLETED BY RESPONDENTS AND PREVIOUS CLIENTS ATTACHMENT 1 How to Prepare a Reference List and How to Prepare and Send Performance Surveys ATTACHMENT 2 Risk Assessment Plan ATTACHMENT 3 Pertormance Evaluation Survey March 27 2007 RFQ No: 29-06/07 City of Miami Beach 35 of 45 ATTACHMENT 1 Detailed Instructions on How to Prepare a Reference List and How to Prepare and Send Performance Surveys The selection process model to be used by the City will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this RFQ, and Qualifications of Personnel proposed for this RFQ. 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 City, and the ratings will be averaged together to obtain a firm's past performance rating. The figure below illustrates the survey process. Yenldc-r c-r Iudviidu~- I Send/Fax Call to Prepaze & Email Surveys to Confirm Reference List past clients ' ~ . _~-.- CLIENT Faxes back to ~ The CITY the CITY Compiles Information 1~, , Past Gustc~mers ,, Figure 1: Survey Process 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". The Reference List Excel file can be downloaded from BidNet under RFQ-29-06/07 or can be sent to you via E-mail, please send an E-mail to johnellis(a~miamibeachfl.gov for requesting the file. 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 oroiect. The following are the most common key components used: March 27 2007 RFQ No: 29-06/07 City of Miami Beach 36 of 45 Key Component Minimum Number of Maximum Number of Surve s allowed Surve s allowed The Architectural En ineerin Consultant Firm 1 25 Pro'ect Mana er PM 1 10 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, and any other individuals required on a particular project), as well as support personnel as required for the RFQ. 4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each firm, and 10 (ten) for each individual (PM, 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 /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 project FIRST NAME First name of the person who will answer customer satisfaction questions. LAST NAME Last name of the person who will answer customer satisfaction uestions. PHONE NUMBER Current phone number for the reference (including area code). FAX NUMBER Current fax number for the reference (including 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 High School A-Wing, Warehouse B, etc.). DATE COMPLETED [MM/DD/YYYY] Date when the project was completed. (i.e. 5!31/1995) COST OF PROJECT fees Awarded cost of project ($50,000) 7. The data in the reference list must be submitted via fax to John Ellis at 305-673-7851 and in electronic format on a MS Excel spreadsheet file. The file must also be emailed to John Ellis at johnellisCc~miamibeachfl.QOV . (The format of the file is shown in Figure 2). 8. The vendor is responsible for verifying that their key components information is accurate prior to submission. 9. The reference list must contain different proiects. You cannot have multiple people evaluating the same iob. However, one person may evaluate several different jobs. March 27 2007 RFQ No: 29-06/07 City of Miami Beach 37 of 45 A Y X' 1 B _ I Y D Y E F li H - ~ I CODE 1 ' - _- FIRST NAME __ LAST NAME PHONE NUMBER FAX NUMBER CLIENT NAME - --- PROJECT NAME OATS COMPLETED MMl[}D COST OF PROJECT 2 1 K le Smith 45ti-y6;i--ti581 45ti-~:i-tib63 [;it oT Mesa Mesa Nark 5/15!1000 $~,5tiy 3 2 Geor a Johnson 549-785-9654 549-785-9655 Cit of Mesa Police Buildin 3 6811999 $452,389 4 3 Phil McGill 458-965-7852 458-965-7853 Cit of Mesa Cafeteria #1 7811980 $12 648 5 4 Bill Robinson 136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 6/2/1995 $154,893 6 ! 5 Matt Carni an 658-965-8965 658-965-8966 ADOT Sta le Road Over as 1/5/2002 $15,648 7 ' 6 Keith Jones 458-965-8523 458-965-8524 Cit of Gilbert Road Renovation 5!4/21103 $4,865 923 8 ' 7 Gilbert Gre 486-965-8523 486-965-8523 Cit of Phoenix Street Li ht Installation 7!2!1990 $456,876 9 I 8 John Grecko 486-965-8563 486-965-8563 ACG Buildin s Buildin 456 renovation 82!2003 $159 764 i~ ~ r ~i Proftle Referen[e List ___ < ' Figure 2: Example of Reference List 10. The past projects (on the reference list file) should be similar to the type of projects being requested under this RFQ. 11. The past projects must be completed past proiects (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. IUame ~,~ABC Cankracting -Reference List,xls Email Reference _ Mark McGraw (Prajeck Manager) - ReFerence Lisk.xls ® lists to the CITY. Pam Hamilton (Sike Super) -Reference List.xls Spark Eleckrical Conkractars -Reference List,xls Bab and Sans Mechanical Cankractars -Reference Lisk.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. 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 Lead Firm, Specialty Firm or Individual. 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). .. v_ March 27 2007 City of Miami Beach RFQ No: 29-06/07 38 of 45 r~ Ir! tr r'• r r t, e r :~~ ~e ~ Y]ew ~rxert FE,rmat Tads data Wrkiow rleb Ao~ke FC'F TyG - - ~ - - ~.~ ~ ._.i a~ ~ ~' __-~ Jb ~ ~ ~l - ~ E ~ ~.'~~ rr, ~ _ Arias io i1 ° I_I ~ n, ~ i S ~~r r ~~~ z I Q ~ f f'kase Fil out only one of the forms bebw. If this reference list is for a company, please use the Company form on top. Y this reference ist is far and individual, please put their information in the second form bebw.00 NOT fill out both. fiemember there must be a separate excel file for each individual participating in the process. Compar Point of Phone Fas lRdlelaBal Company Phone N Fas N Individual Firm, Landscape Architecture Firm, Traffic Engineering Fkm, etcJ e1 Figure 4: Example of the Profile tab. This tab contains information about the key component (whether it is an individual or firm) 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). March 27 2007 RFQ No: 29-06!07 City of Miami Beach 39 of 45 i i ! r ~ ?~ B C D E F G H' CODE FIRST NAIdE PHONE LAST NAME HUMBER FAX NUMBER CLIENT NAME PROJECT NAME DATE COMPLETED COST OF pROJECT 1 1 Mhl!DD 1 K le Smith 458-963-8562 458-963-8563 Cit of Mesa Mesa Park 5!152000 $3b,~J 3 549-785-9654 549-765-9655 Cit of Mesa Police Buildin 3 6!811999 $452 389 3 Phil McGill 58-965-7852 458-965-7853 Cit of Mesa Cafeteria #1 7ib/1980 $12,648 5': a c eaken 136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 6211995 $154 893 6'; Bab Hard 658-965-8965 658-965-8966 ADOT Sta le Road Ove as 1152002 $15,648 7 ; 6 Mitchell Adams 458-965-8523 456-965-8524 Cit of Gilbert Road Renovation 5142003 $4 865,923 `8 7 Bill Robinson 486-965-8523 486.965.8523 Cit of Phoenix Street Li ht Installation 7211990 $456 876 9 8 ohn Grecko 486-965-8563 486-965-8563 ACG Buildin s Buildin 456 renovation 82200.3 $159,764 i~ ~ ~ ~i, Pro eferenc e List/ ~ < > Survey Questionnaire -~Survep I D 3 . ._ . ~ j -- ____ _ . _ . _....... .-._.._ To. Phil McGill . . . . . . . . . . . . . . . . . . . . . . . . . . (Name of person completing survey) Phone - 45$965 7852 -__ - ........I..Fax X58965 7853 _ Sublect_ Past Performance Survey of (ABC .j __ __ _ ....... ......... ......._. ...._.... ......... ......... ........ of Campany) I !Name ~ . ~ - .__-.-....-------.~ _... _--- `. -Mark McGraw PM ,Pam Hamilton SS ______-_ _._. ~ --._.---- - __} {Name a/InaPwdraats) A Client is implementing a process that collects past performance information on firms and their key personnel. The information will be used to assist the client in the selection of firms to perform various projects. The firm/individual listed above has listed you as a client for which they have previously performed work on. We would appreciate your taking the time to complete this survey. Rate each of the criteria on a scale of 7 to 70, with 70 representing that you were very satisfied (and would hire the iirrra7individual again) and 'J representing that you were very unsatisfied (and would never hire the firmlindividual again). Please rate each of the criteria to the best of your knowledge. Jf you do not have sufficient knowledge of past performance in a particular area, leave it blank. Client Name: City of Mesa t Project Name: Cafeteri$ #1 1 .. .. .. ... . 'Project Completion Date~~~ 7~611980~ i ..........................._..........................................................................................................._...................._.......... I IA UMIT 1 Ability to manage the project cast (minimize change orders] (1-10) Figure 5: Example of Survey Form. The informatio 'match the excel file. To save work in the future, list all key individuals on the survey that participated on the project. 4. If a reference will be evaluating a team members (such as the PM), please list the member 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 (Firm or PM) is responsible for making sure that their past clients receive the survey, complete the survey, and return the survey back to the City. The survey must be sent directly from vour past clients to the Citv. No surveys will be accepted if sent from the proposer's office, all surveys must be sent from vour client's offices. Be sure to indicate to your clients the due date when the survey should be faxed in to the City. 7. The City reserves the right to contact any additional information or to clarify survey data be no credit given for that reference. given reference provided by the proposer for If the reference cannot be contacted, there will March 27 2007 City of Miami Beach RFQ No: 29-06/07 40 of 45 ATTACHMENT 2 REQUEST FOR QUALIFICATIONS N0.29-06/07 Risk-Assessment Plan (RAP) All Consultants must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than four pages front side of page only. The RAP should be submitted in a sealed unmarked envelope and included within the RFQ response. The Risk Assessment Plan should not have any graphical indication of who is submitting the document. Please do not use any company logos and don't use the name of your company in the RAP, anonymity is what we are trying to achieve so that the evaluation Committee may rank the RAP's as to its content. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Consultant not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. March 27 2007 City of Miami Beach RFQ No: 29-06/07 41 of 45 Risk Assessment Plan Format (Recommended) Please prioritize the risk (list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar days). You may add/delete the risk tables below as necessary. Maior Risk Items: Risk 1: Dela s with the issuance of ermits Impact ($): 0 Schedule (days): Depending on impacts to critical ath, if an . Solution: Construction Management firm (CM) to become actively involved with various agencies in expediting the permit processes and mitigate impacts to the project Risk 2: Unusual hidden conditions found durin demolition of historical structures Impact ($):+/-50,000 Schedule (days): Depending on impacts to critical ath, if an . Solution: Coordinate with structural engineer of record and with our structural and historical building consultants to expedite solutions and mitigate costs. Create owner controlled contingency for this condition. Risk 3: Damage or relocation of unforeseen utilities or underground structures not shown on surve Impact ($):+/-50,000 Schedule (days): Depending on impacts to critical ath, if an . Solution: CM to contact Sunshine State One Call of Florida prior to any digging. We will perform soft-digs at required locations and implement repairs, removals or relocations in an expedited fashion. Create owner controlled contingency for unforeseen utilities or structures Risk 4: Lack of asbestos/lead aint surve Impact ($): 0 Schedule (days): Depending on impacts to critical oath, if anv. Solution: Procure, prior to final perm~ttmg, an asbestos/lead paint survey to verify if any contaminants are present. Risk 5: Excessive dama e b ublic use and vandalism Impact ($): 0 Schedule (days)• 0 Solution: CM has the resources, security and insurance to cover for this risk Risk 6: Weather dela s Impact ($): 0 Schedule (days)• extension of time as applicable Solution: CM owns enough emergency equipment to resolve requisite impacts and will not seek damages for delays resulting from adverse weather conditions other than as permitted by contract Risk 7: Dela s caused b ma'or ublic events Impact ($):3,200/per calendar day after Schedule (days): Depending on impacts to critical contract award. ath, if an . Solution: Coordinate work activities around public events in order to mitigate costs to the City March 27, 2007 RFQ No: 29-06/07 City of Miami Beach Risk 8: Turtle nesting season. According to Bill Ahern, MDC Parks Sea Turtle Program, nests are usually no more than 50 feet from the shoreline. Although the project location is more than 50 feet from the shoreline, the hatchlings follow the light of the moon to the water. Therefore, it is generally requested that all artificial lighting (street lights, car lights, etc.) be kept at a minimum durin hatchin s. Im act ($ : 0 Schedule da s : 0. Solution: Impacts could be minimized by aiming construction/safety lights away from the beach and/or installing a covering on the beach side of all li hts. Risk 9: Not havin worked with Desi n Team before Impact ($): 0 Schedule (days):0 Solution: Set up formal partnering meetings with every stakeholder to develop team-based approach to problem identification and solving. We have successfully coordinated the design and construction of work, as Construction Managers, with new design teams. March 27, 2007 RFQ No: 29-06/07 City of Miami Beach Value Added Options or Differentials (what you will do that the others do not) Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items increase or decrease project schedule, cost, or expectation. You may add or delete the value tables below as necessary. Item 1: Provide portable restrooms. In anticipation of the public restrooms being out of service during construction we will coordinating and orlrent portable restrooms to be used b b~ch goers Impact: Cost ($) 30,000-40,000 Schedule (Days) 0 Item 2: Facilitate partnering meetings with all stakeholders. In order to create a teamwork approach between the Architect Engineers the City and the contractor, we will hold partnering meetings to build and solidify the interrelationships amongst all stakeholders. Impact: Cost ($) 0 Schedule (Days) 0 Item 3: Provide informational construction barricades. We will provide artistically enhanced construction barricades that are harmonious with the SOBE culture and contain graphics and charts about the progress of the project Impact: Cost ($) 20,000-25,000 Schedule (Days) 0 Item 4: Sales tax rebate program. We will encourage the City to institute a sales tax rebate program in order to save sales tax costs. Impact: Cost ($) 150,000-200,000 savings to the City Schedule (Days) 0 Item 5: Independent permitting for various phases We will propose to independentlypermit the demolition the earth and foundation and the finish packages in order to proceed with the work prior to 100% permits This will allow for schedule and cost savings. Impact: Cost ($) +/- 75,000 Schedule (Days) +/- 30 Schedule (maximum six milestones) Milestones (start, finish no. of work dam 1. Pre-Con Services July 2007 2. Demolition February 2008 3. Reconstruction May 2008 4. Final Completion February 2009 Total number of work days = 435 calendar days (including pre-construction services and construction) March 27, 2007 RFQ No: 29-06/07 City of Miami Beach m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 March 28, 2007 To: Individual Providing the Survey Response:, Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: (Client's Name) ATTACHMENT 3 Pertormance Evaluation Surveys (Consultant firm and/or Project Manager) The City of Miami Beach has implemented a process that collects past performance information on various Consultants that provide Architectural and Engineering services. The information will be used to assist City of Miami Beach in the selection of a qualified firm that can provide Architectural and Engineering services for the Flamingo Park Project as described herein. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return this questionnaire to John Ellis by Mav 9, 2007 or earlier by fax: 305.673.7851; or a-mail tohnellis a~miamibeachfl.gov. Please provide one Survey for the Consultant/Firm and one Survey for the Project Manager who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director March 27 2007 RFQ No: 29-06/07 City of Miami Beach 44 of 45 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY ^ Consultant (Proposer) (Check one) ^ Project Manager (Individual) Name of Above Phone or a-mail of above Consultant or Individual: Please evaluate the performance of the Consultant firm and/or Project Manager (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO CRITERIA UNIT I Abili to erform architectural and en ineerin services (I-10) 2 Abili to communicate effectivel and efficientl (1-10) 3 Abili to be roactive and minimize risk at the ri ht time (1-10) 4 uali and accurac of services rovided (1-10) 5 Abili to rovide services within the re uired time. 1-10 6 Professionalism 1-10 ~ Overall customer satisfaction based on performance and uali of services comfort level in hirin a ain (1-10) Overall Comments: Agency/Company and/or Contact Person's Reference Business Name: Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: PLEASE FAX/EMAIL THIS QUESTIONNAIRE TO 305.673.7851 OR JOHN ELLIS@MIAMIBEACHFL.GOV March 27 2007 RFQ No: 29-06/07 City of Miami Beach 45 of 45 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR QUALIFICATIONS (RFQ) N0.29-06/07 ADDENDUM NO. 1 April 17, 2007 CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-CONSTRUCTION SERVICES FOR THE RENOVATION AND CONSTRUCTION OF THE 10th STREET AUDITORIUM/BEACH PATROL HEADQUARTERS is amended as follows: I. ANon-mandatory Site Visit is hereby scheduled for this Thursday, April 19, 2007 at 10:00 a.m. All prospective fines shall meet at the following address: 1001 Ocean Drive Miami Beach, FI 33139 This Site Visit will take approximately one (1) and a half hours. At the conclusion of the Site Visit, a meeting will be held to discuss any questions that prospective firms may have. The answers to these questions will be included in a subsequent Addendum. II. Firms are advised that this RFQ and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All firms shall complete and return, with their proposal, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the proposer certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that: a. The Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Contractor shall complete and return the "Substantial Compliance Authorization Form" contained herein. It is important to note that Contractors are considered incompliance if Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. Attached to this addendum please find the following documents that need to be returned to the City with your response: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form • Substantial Compliance Authorization Form III. A subsequent Addendum No. 2 will be issued to address issues and questions discussed at the Pre-RFQ Meeting held on April 13, 2007. Firms are required to acknowledge receipt of this Addendum No. 1 on proposal Page 26, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je F:\P URC\$ALLWOHN\RFQ\RFQ-29-06-07\RFQ-29-06-07A1.doc PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). Contracts valued at over $100,000. Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (FRIBA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Monies due under the contract may be retained by the City until compliance is achieved. • Debarment of contractors from City work, as prescribed by the City Code. CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: MCM Corp Name of Company Contact Person: Alexis Leal Phone Number: 305.541.0000 Fax Number: 305.541.9771 E-mail: aleal@mcmcorp.com Vendor Number (if known): Federal ID or Social Security Number: 59-2373403 Approximate Number of Employees in the U.S.: 300 (If 50 or less, skip to Section 4 entitled "Executing the Document"). Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_X_No Union name(s): N/A Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO"answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ^ Race _ Yes _ No ^ Sex ~ Yes No _ ^ Color =Yes _ No ^ Sexual orientation ~ Yes No _ ^ Creed ~ Yes _ No ^ Gender identity (transgender status) ~ Yes No _ _ ^ Religion ~ Yes _ No ^ Domestic partner status ~ Yes No _ ^ National origin ~ Yes _ No ^ Marital status ~ Yes No _ ^ Ancestry =Yes _ No ^ Disability ~ Yes _ No ^ Age ~ Yes _ No ^ AIDS/HIV status .Yes _ No _ ^ Height -Yes _ No ^ Weight L/Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. Yes No Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? Yes No B. Does your company provide or offer access to any benefits to employees. with (same or opposite sex) domestic partners' or to domestic partners of employees? ~ Yes _No 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a govemmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this Employees with with Domestic is Not Offered Benefit is Submitted S ouses Partners with this Form Health e m ^ ^ Dental o a ^ ^ Vision ^ o o ^ Retirement (Pension, o e ^ 401 k ,etc. ^ Bereavement ^ ^ a ^ Famil Leave e a ^ ^ Parental Leave o e o 0 Employee Assistance o ^ 0 Pr ram ^ Relocation & Travel ^ o e o Company Discount, ^ ^ e Facilities ~ Events o Credit Union ^ ^ v Child Care ^ ^ o ^ ^ Other ^ ^ v ^ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. We are committed to providing excellent public service and solely b oll who live, work, and play in our vibont, hopiml, historic community. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? X Yes No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed is 11th day o M , in the year 2007, at Miami, FL City State 6201 SW 70th Street, 2nd Floor Signature Mailing Address Alexis Leal Miami, FL 33143 Name of Signatory (please print) City, State, Zip Code Purchasing Director Title We are commilled to providing excellent public service and safety b alt who liw, work, and play in our vibrant, hopicol, historic community. CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits 1 1 I 1 1 1 I I 1 1 1 1 1 1 1 r r ~_ r ~, ,. Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: N/A a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to-offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Mailing Address of Company City, State, Zip Telephone Number Title Date LS , rr co. , rt.>d a~ F~ .. d~rg ~,ca,~enr~;ch~ sir. _. ,,rd sui y t~~ ar'~ _ . << ~. and _ , ., ~~t~ 'cF cct rnsfork~ community. Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. We are eOt-,t^rtted rp pro~~idrng excellent pvbiic sewice and sa!ery !o ali who iIVQ V/OiK, OO(j FJlaj~ .n on! vih~cn!, tropical, hrs'oric community. ~ '~ t ~~ ° ~ ~ .-~, j t . ~~`''~; ' CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM N/A Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: B. Administrative Actions and Reauest for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and A cash equivalent payment will be provided to eligible employees for whom benefits are not available. 1/b'e are commit~ad to providing exceilenf public service, and se+eN ro eii w7~o iive, ~roork, and piny in ou. viurCnf, ~ropicai, historic commur.iiy, I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title Mailing Address of Company City, State, Zip Telephone Number Date Vl-'e ara co.Tmined to ~ro~~iding axcaitan! public aaw%ca and sa~ery !o ail who live, wart, and pixy rn our v~o~an!, !ropicai, hislaric community. m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR QUALIFICATIONS (RFQ) N0.29-06/07 ADDENDUM N0.2 July 30, 2007 CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE-CONSTRUCTION SERVICES FOR THE RENOVATION AND CONSTRUCTION OF THE 10th STREET AUDITORIUM/BEACH PATROL HEADQUARTERS is amended as follows: I. CHANGE: The deadline for receipt of questions to April 30, 2007, at 5:00 p.m., and the deadline for receipt of RFQ submittals to May 8, 2007 at 3:00 p.m. II. The PowerPoint Presentation on "Best Value" Procurement that was presented by Sarah Goodridge during the Pre-RFQ Meeting on April 13, 2007 is available and can be downloaded from BidNet as well as RFP Depot. If requested, the presentation may also be e-mailed to you, please forward your request to: johnellis(a~miamibeachfl.gov III. A revised Reference Listing Form, Excel file is available and can be downloaded from BidNet as well as RFP Depot. If requested, the Excel file may also be e-mailed to you, please forward your request to: iohnellis(a~miamibeachfl.gov IV. A revised Survey Letter (attached) is available and can be downloaded from BidNet as well as RFP Depot. If requested, the revised Survey Letter may also be e-mailed to you, please forward your request to: johnellisCa~miamibeachfl.gov. V. A copy of the Sign-In Sheet from the April 13, 2007 Pre-RFQ Meeting and the April 19, 2007 Site Visit are available and can be downloaded from BidNet as well as RFP Depot. If requested, the Sign-In Sheets may also be e-mailed to you, please forward your request to: johnellisCa~miamibeachfl.gov. VI. A copy of the Narrative and Specs dated 03.08.2007 is available and can be downloaded from BidNet as well as RFP Depot. If requested, the Narrative and Specs may also be e- mailed to you, please forward your request to: johnellis(a~miamibeachfl.gov. VII. A copy (CD) of the 100% Design Development Drawings is available by contacting the Procurement Division at 305.673.7490. There will be a nominal fee of $10.00. Payment must be in the form of cash or company check. 4~Ve crP committeC fo providi;.g exce!!ert p~bGc service ar,~C sa!eh/ tc pN vrho Gve, s.prk, vnd Dipy ;n pur vibrprr, h~~nicpi, niston.'c comrnunih~. VIII. A copy of ARTICLE IV. -Noise Ordinance is available and can be downloaded from BidNet as well as RFP Depot. If requested, the Noise Ordinance may also be e-mailed to you, please forward your request to: johnellis(a~miamibeachfl.gov. IX. BEST VALUE PROCUREMENT PROCESS (CLARIFICATIONS): All responsive RFQ submittals will be evaluated and scored by the Evaluation Committee (the "Committee") pursuant to the Evaluation Criteria identified in the RFQ documents, and per Florida Statute 287.055, the Consultants Competitive Negotiation Act (CCNA). Once all responsive RFQ submittals are evaluated and scored, the Committee will determine how many of the ranked Firms will make the short-list. All scores received by the short-listed Firms will carry over to the second round of evaluations by the Committee, except the following: 1) The experience and qualifications of the Principal Firm. 2) The experience and qualifications of the Project Manager assigned for this Project. 3) The experience and qualifications of the professional personnel assigned to the Project Team. Afterthe Committee determines the short-listed Firms, theywill determine which key personnel from these Firms they wish to interview. Typically, at a minimum, the Committee will request an interview with the Project Manager, however, the Committee may decide to interview additional key personnel to be assigned to this project. Regardless, interviews will be conducted with the same key personnel proposed from each Firm. The Procurement Division will then notify and schedule the short-listed Firms for a short presentation before the Committee, to be followed by a Question and Answer session, and then the interview(s) with the key personnel as determined by the Committee, from each Firm. At the conclusion of the interviews, the Committee will then evaluate and score all the short-listed Firms. When the Committee evaluates and scores these Firms, they may only revise their initial scores given for the experience and qualifications of the Principal Firm, Project Manager, and the professional personnel assigned to the Project Team, based on the Firm's presentation, responses. to questions from the Committee and the interview(s) conducted with the Firm's key personnel assigned to this Project. X. ADD: Attachment 1A (last page) is provided as additional information relative to the Interview(s) of the key personnel. XI. ADD: Estimated Construction Budget for this project is $6,500,000. VVe are commiffeci to providinG excellent puCiic ser/ioe and safeh; to u~l ~n~ho !!V°, b'ivlK, t7(7J CiCy Ift pUi Vitirar,;, ;rapicei, historic cormuni ~. XII. QUESTIONS AND ANSWERS: Q1. Question: On Page 13 of the RFQ, under Section 2, a list of 10 references is requested. Is this list of references different from the list we will be using for the surveys? A1. Answer: The references requested under Section 2 should be included in the list of references you submit on your Reference List. All submitted references require a survey(s) of the referenced project from the past client. Surveys must be e-mailed or mailed directly from your referenced client. Surveys sent from the Principal Firm (proposer) will not be accepted for consideration. Q2. Question: Since the survey requires that the projects be completed, if the references requested on Page 13 is different list, can we use current projects that are not complete? A2. Answer: The objective of collecting the references is to ascertain the Principal Firm's (proposer's) ability to successfully complete projects. Only completed projects will be accepted for consideration. Q3. Question: On Page 14, Item 34, the RFQ states the RAP (Risk Assessment Plan) must be submitted with no indication of who is submitting the document. On Page 15, Item #4 the RFQ states that the RAP can be awarded up to 15 points by the Evaluation Committee. How are points properly awarded if the document does not indicate who it is from? A3. Answer: The RAP shall be submitted in a separate envelope with the company name on the envelope only, and not on the actual RAP documents. The Procurement Division will assign a number to each RAP for identification. Only the Procurement Division will be able to identify/know each company's RAP. Therefore, because the actual RAP will bare no identification of the company name, the Evaluation Committee members will be evaluating them based on the content of the RAP without knowing the name of the company name, or in other words anonymously. Q4. Question: We will be submitting surveys forthe Firm and the Pre-Construction Project Manager as required. Is it also required to submit surveys from the Construction Manager and Site Superintendent? A4. Answer: It is important to note that the City will not accept performance evaluation surveys directly from the prospective firms. All surveys must be sent to the Procurement Division directly from the client's office(s). This requirement includes any surveys for the Principal Firm and Project Manager. Surveys for the Construction Manager and Site Superintendent will not be required as part of your RFQ submittal. Q5. Question: When submitting surveys forthe Pre-Construction Project Manager can we use projects that the pre-construction is complete? b~/e are car,,mi,*red ro providh, exceilert Gu~lic service anC sate!; to cll •r~ha live, •,~.ark, ana' p1'ry it our vibrar,;, tropical, hkiaric cammunin~. A5. Answer: All surveys must be for completed projects. A major part of evaluating pre- construction performance would be to evaluate the impact of the pre-construction work on the successful completion of the project(s). Q6. Question: Does the maximum number of pages (4) to be submitted for the Risk Assessment Plan (RAP) include Value Added Options? A6. Answer: Yes. The complete RAP shall not exceed four (4) pages. Should firms submit RAPs that exceed four pages the City will only consider the first four pages for evaluation purposes. Q7. Question: What is the square foot size of this project? A7. Answer: Approximately 16,116 Square Feet. CLARIFY: Revise the language on the Pre-RFQPre-Submittal Conference form dated April 13, 2007. Para. A, under the Evaluation Criteria shall read "The experience, qualifications and portfolio of the Principal Firm".This is the same language included in the RFQ documents. CLARIFY: The terms "Pre-Construction Manager" and "Site Superintendent" will no longer be utilized relative to this Project for evaluation considerations. Please submit your RFQ submittals based on the language/terminology included in the current Evaluation Criteria. (Principal Firm, Project Manager, Project Team) ADD: Principal Firms that have previously submitted Surveys and Reference List of Projects for their Firm and/or Project Manager need not re-submit these same documents. Firms shall notify the City if they have previously submitted a Reference List AND Surveys. ADD: Firms may supplement the previous documents with additional Surveys and Reference List only if these additional documents are for the same Project Manager proposed by the Firm for this project. ADD: Firms however shall indicate the name of the previous City of Miami Beach project they previously submitted for and the name of the proposed Project Manager, with their RFQ submittal. ADD: Please see the revised ATTACHMENT 3 Performance Evaluation Survey(s) (attached). ADD: As per City of Miami Beach (CMB) Noise Ordinance, the work hours that apply to this Project are: 7:30 a.m. and 6:30 p.m., and between the hours of 7:30 a.m. and 7:30 p.m. during daylight savings time, on any day. Construction noise that violates Section 46-152 (unnecessary & excessive noises) shall not be permitted on Sundays or on national holidays. Please note that the Site is zoned GU, however it is immediately adjacent to Zone MXE (Mixed Use). We cre comrnined to prosddin`a exce;iert public service any scie,~ to c!! •rrha live, ~.~rork, anJ plcy in our vibrant, tropicoi, i~isteric communing. A subsequent Addendum No. 3 will be issued to address previous issues and questions not addressed in this addendum and additional questions received from Firms prior to the April 30, 2007 deadline for receipt of questions. Firms are required to acknowledge receipt of this Addendum No. 2 on proposal Page 26, "Acknowledgement of Addenda", or the proposal may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je F:\PU RC\$ALLW OH N\RFQ\RFQ-29-06-07\RFQ-29-06-07A2.doc We are com;nrtted to p;r;vrding exce!!er; ~~Clic serrice and sa"ehy~ to Y!! who live, vrark, and prcy in our •ribran;, ;ropicei, nislaric comrnun;n/. m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 July 30, 2007 ATTACHMENT 3 Performance Evaluation Surveys To: Individual Providing the Survey Response: Phone: Fax: E-mail: (Client's Name) Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: (Consultant firm and/or Project Manager) The City of Miami Beach has implemented a process that collects past performance information on various Firms that provide Construction Manager at Risk (CMR), Design-Build or General Construction Services. The information will be used to assist City of Miami Beach in the selection of a qualified firm to provide the City the most economical and practical implementation methods for the renovation and construction of the 10th Street Auditorium/Beach Patrol Headquarters as described herein. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return this questionnaire to John Ellis by May 9, 2007 or earlier by fax: 305.673.7851; or e-mail iohnellis@miamibeachfl.gov. Please provide one Survey for the Consultant/Firm and one Survey for the Project Manager who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director L1/e are com,mirted ;o providing excellent a~biic service any sa'eh; tc a~i N~ho (ive, •s:ork, and oicy in oUr vibrant, ;ropice%, ^istoric comrunir;. ATTACHMENT 1A Interview of Key Personnel Introduction The purpose of the interview is to rate the key personnel in the following respective areas: 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 will be interviewed and evaluated by the EVALUATION COMMITTEE. Each Firm's key personnel scheduled to be interviewed shall make all necessary arrangements to be in attendance for said interview(s). The interview(s) will cover the respective areas identified above. We are COr!7(r7iMBG' iJ prOVlp'liq "XCBI~@fri ~U~)+iC SBNICB t7(IG~ SOiB?'~ i0 dl~ 'N/)?O !!V°, W^v(k, G^(;~ DiC~i i!1 OUi V;b~Qri~ i~ODICO~, RiSip(IC CO(^f'~ii(lih~, ~~irt~~~ ~~~~ ~MY~.C cgc023834 14.Jun.07 ~NGIN~~I~S ~--~ G~N~I~,L CONTf~CTOI~S Ms. Thais Vieira Miami Beach Capital Improvement Office Beach Patrol & Auditorium Project RE: Pre-Construction Services Package Thais, Hand-Delivered Attached please find our Pre-Con Service package for your perusal, containing the following: ^ 4 pages -Scope of Pre-Con Services ^ 6 pages -Work Sheet Exhibits Hopefully the City fathers will find its contents fair and reasonable for the showcase project intended. The "Agreement for Pre-Construction services" will be forth coming, but I wanted to provide you with the substantiation portion before Mr. Gonzalez-Pola leaves for vacation. Again, we are looking forward to a mutually rewarding and pleasant relationship. If you need any~anation or further detailing, please do not hesitate to contact the undersigned. Sincere , MCM Fer ndo Munilla, Sr. Vic President & Project Executive cc: Mario Gonzalez-Pola -City of Miami Beach Armando Perez, PE -MCM 62oi Su'/ 7otl, STREET ~ 2nd FLOOR ~ MIAMI. FLORIDA ~ 33143 PI-ION 305.541.0000 ~ ~rrW~rr.mcmcorp.com ~ ~,~,)( 305.541.0)771 City of Miami Beach Capital Improvements Office Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 Scope of Pre-Con Services: OBJECTIVES ^ Provide a variety of documents during evolution of the design phase including review and costing services necessary to support an efficient design and construction effort. ^ Provide information to meet the Owner's function, aesthetic and budgetary needs. ^ Help procure these objectives within the stipulated 7.5 months for deliverables. ^ Ensure the project will be constructed within established budgetary and scheduled limits. GENERAL CONSIDERATIONS ^ Our proposal is based on the following general considerations: ^ Actual construction shall start promptly after the Art Deco Festival, to be held in February 2008. ^ Since the Miami Design Preservation League (MDP) occupies the gift shop and the second floor auditorium, a meeting will be scheduled with them to review their storage and relocation needs and provide the City with required supervisory support to relocate MDP to a temporary modular office north of the site. ^ Resolutions related to issues dealing with time, costs, design and environment must go to Planning for approval. UNUSUAL CONDITIONS This project has the following extra-ordinary conditions which will require added attention during Pre-Con and construction services: ^ Historical Building: The historical designation of the building creates extraordinary requirements to precisely match existing components and refurbish instead of replace, etc. ^ Structural Components: Since portions of the structure are remaining, it is necessary to combine new structural systems into the existing and because the age, special considerations need to be made to ensure adequacy of the existing structural components and ability to integrate the new with the old. ^ Exploration: Given the age of the building, the proximity to the sea water, the multiple layers of interior and exterior upgrades through time and use, and the fact of keeping portions of the building rather than replacing them, creates a need for careful and thorough exploration of existing and hidden conditions is absolutely necessary. ^ High Traffic Area: The location of the building in a high traffic area, and the need to °'"'"' maintain both vehicular and pedestrian traffic and access, is a sensitive and unusual condition. 1 of 4 City of Miami Beach Capital Improvements Office Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 ^ Specialty Consultants: Due to the historical and political significance of this project, we have included some specialty trade to provide support on an "as needed" basis. Such as historical consultants, structural consultant and an exploratory crew. ^ Parking ~ Accessibility: Parking is extremely scarce in the area, so that special arrangements have to be made for parking to get access to the building. It has been considered that access to the beach, as well as from the beach to the public restrooms, must be maintained during construction. APPROACH Design Review, Constructability and Value Engineering MCM shall review construction documents and the existing building/site to ensure the following: ,.~-,. ^ Constructability. ^ Coordinate with the Owner and A/E in order to mitigate or minimize change orders due to oversights and omissions. ^ Explore and research the site, building and vicinity to uncover special conditions to minimize unforeseen conditions. ^ Provide value engineering recommendations, to meet the project's budget of $6, 500, 500. ^ Coordinate with consultants, contractors, testing labs and other services that the Owner may provides for the project, in order to maximize timeliness and effectiveness Review of On-site & Off-site Conditions ^ Review and coordinate the Work with the A/E of Record and its documents and the existing site conditions of the project. ^ Review construction documents, the site and existing building to minimize conflicts, errors and omissions. Cost Estimating & Cost Controls ^ Provide an initial project Cost Projection based on the $6.5M budget, detailing qualification and assumptions. Budget updates will provide a more in depth analysis than presented in the prior estimates. The reports shall utilize the CSI standard format. At each update the initial Cost Projection estimate will be revised. ^ Assist the Owner and/or its representatives in reviewing products, availability and delivery time. Ultimately developing a cost loaded schedule in P3. This will allow Owner and Contractor to track cash flow requirements and create an accurate full view of the project. ^ Submit for approval to the Owner's Representatives all applicable cost and time savings programs which may benefit the City. 2 of 4 ~1VaCM1 City of Miami Beach Capital Improvements Office Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 ^ Prepare Cost Estimates and update as needed (a total of 4 are anticipated) 1. Conceptual Estimate 2. Preliminary Estimate based on 50% documents 3. DD (Design Development) Update based on 75% documents 4. Finish Package GMP based on 100% documents ^ Set detailed procedures and updates for cost and time control. Scheduling ^ As a team with City and Consultants, MCM will employ a wide variety of scheduling techniques utilizing Primavera P3. We will work together to determine and control time for all activities during pre-construction and construction phases of this project. The schedule will also be cost loaded. We will prepare an Initial Schedule in network form, which will graphically depict the interrelationship and duration of all project activities. Specifically, the following will be shown: • Schedule of Architect/Engineer Design Activities & Deliverables • Schedule of Approvals from Municipal and State Authorities • Schedule of the Project's Procurement & Contract Submittals • Schedule of Long Lead Materials and Equipment • Schedule of Major Construction Trade Activities ^ Throughout the life of the project, the schedules will be utilized to gauge the impact of scope changes and anticipated problems and develop strategies for maintaining the overall schedules. The schedules will be updated monthly to show actual progress and necessary re-planning. ^ Establish the master project schedule identifying all different phases and milestone. ^ Develop and present a construction sequencing/phasing plan for the proposed work. Bidding (GMP Submittal & Negotiations) MCM will host this project on Primavera EXP. This browser allows team members to collaborate on all project issues: Create and track action item agenda. Ball in court status for open items. RFI and Submittal logs ^ Change management logs. ^ Daily Reports. ^ Site specific resource & material. ^ MCM will promote this project to the pre-qualified bidders on its extensive database. It will work closely with the Owner to ensure preferred subcontractors are invited to bid. 3 of 4 ~~~ City of Miami Beach Capital Improvements Office Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 ^ Analyze the bid package for scopes to ascertain criteria is met. Most important, the scope will be outlined in a way to attract aggressive and logical participation and to minimize scope gaps. ^ Identify different bid packages that will represent the entirety of the scope of work. ^ Prepare a subcontractors pre-qualification scheme that meets the requirements for the project. ^ Schedule and conduct pre-bid conferences with the interested sub-contractors, material suppliers and equipment suppliers. ^ Accept, review and ultimately award bids to qualified responsive and responsible sub-contractors. ^ Develop and present to the City of Miami Beach a proposed Guaranteed Maximum Price based on accepted subcontract bids and its negotiated fee for construction services, including general conditions and overall overhead and profit. ^ Justify in writing to the Owner, the use of any pre-qualified sub-contractors that are not the low-bidder and contract with subcontractors, material suppliers and equipment suppliers necessary for .the proposed construction, once the City authorizes MCM to do so. WORKSHEETS ATTACHED As part of the Pre-Con services, the following worksheets reflecting the basic scopes considered for this service are attached. a. Pre-Con Schedule b. Pre-Con Fee Proposal c. Staffing Plan d. Staff Costs e. Soft Costs f. Billable Hours Rate 4 of 4 m O N C d d 0 ca G ~. m m .~ 0 w V ~r ~c y v ~~ O ~ C c~ m U >~~ m d t V U L a 3 ~.. R 7 V 0 o ~ z .~ ~ O ~ 11 d M k `. ; N Q , %ii , ~ ,p . ~_ A ~, ',~ . ,~: -`. 3 ~ C ~' ~ 3 7 N C ~ w R w '- :a C o N ;' ~ ~ v ` m z w :; c 0 ,tl ++ ~ 0 +., O p O U r C.1 7 Q- ~ a1 ~ y a v y d d C ~ r ~ c ~ o a i ~ ~ C ° " N W _ ~~ ai _m Y rT d d ~ Q w Fes- D ~ U ~ m U ~ v M N f6 .y W m c .~ .~ a` d .~ 0 ~ a i~ _E ~ y W C (6 7 ~' U c ~°o U m ~°n '~ 3 a~ ~ ~ ~ ~I II N n. (7 d .~ O a a c m w C N 7 U O 0 0 a3i .~ N V' d 0 c as 0 L a a t a~ C0 .~ _~ 0 U ~ ti ~o ~~ Cn O C 0 c m U 0 Q O a d as c 0 V L 0 U L a 3 0 0 a O' Y t6 N .° h 0 0 a c 0 U U a 0 0 3 a x m m y ro a 3 0 m H 0 LL H N H U H LL O 00 M Q~ tC r V 0 O Q O OO a ca E a~ .~ 0 ~_ N a~ 0 a~ 0 c~ n~ O \° 0 co w a ~ c ~_ E ~ a~ o ~ ~ ~ a~ ~ ~ o U C ~ N ~ ~ ~ c c ~ 0 U u~i ~ .~ d w .w*. CdC G d Q (~ Q R U s v R m OD .~ R O U a~ O C (~ U c C ''~^ V/ M O ~ ~ 7 'cP ~ ~ N ~ d' N M ~ ~ M ~ ~ N ~ ~ O M ~ _ ~ N z m ~ R r O O L~ V U U cD C ~` ~ ~ v ti ~ a ~~ "' ° z ~ ~, m o o m w v O v a ro N m ~ ~ a, M p m o O N OI N N Q t. to SO ~ m.. ~: cq m fl- r1 ,, ~. , . L ` i m f '.~ "~~ y u' . S: ~ d C ~ 7 "'~ Y E E Y Y E Y X 3 3 3 3 3 3 3 3 ~ ~ 3 ~ 3 ~ ~ 3 L L L • L L ~ ~ L L L 7 L L O • L O ~ O aO ~ ~ ~ N N LL 'd' N ~ LL r 0p N ^ V' LL N • • • • • • ' ^ ^ • .~ ^ ~ • C O • C ~ • C • C w ~ ~ > a a C ~ > ~ > > E Y .~ ~ U h W • U ~ ~ ~ C - ~ U _ N W U d ~ ~ ~ _N N U N ~ ~ ~ ~ Q ~ • ~ ~ ~ W d ~ X W ~ • X W ~ S C W ~ X W 0 p X W ~ ~ ~ X W p p ~ ~ U o ~ U O c4 • ~ ~ ~ • ~ O N [9 ~ i a ~ Y ~ a i i a Y ~ ~ E ~ a i a i m a i S E E ^ cn • a o v • a a a ~ v a o w ~ a cn •• a o w w U Cit~r of Miami Beach Capital improvements ®ffice µ Miami Beach Patrol & Auditorium Proiect Ocean Dr. & 10 Street Jun.14.07 Staff Costs Project Executive 78 $181 $14,118 Director of Estimating 45 102 4590 Clerk 40 28 1120 - - -- _ Subtotal ' __ 19828 • • Project Executive 49 181 8869 Project Manager 14 97 1358 Project Engineer 522 67 34974 Marketing Assistant 80 48 3840 Clerk 49 28 1372 __ Subtotal 50413. Project Executive 27 181 ~ 4887 Director of Estimating 81 102 8262 Estimator 240 59 14160 Subtotal 27309. Project Executive 4 181 724 Project Manager 34 97 3298 Scheduler 176 46 8096 ___ -- Subtotal J 12118. Project Executive 18 181 3258 Director of Estimating 20 102 2040 Estimator 342 59 20178 Estimating Clerk 164 25 4100 Subtotal 29576 TOTAL: $ 139,244 d City of Miami Beach Capital Improvements Office Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 Soft Costs Design Review, Constructability, VE ~- ~ . . 1 Printin ,Blue rints Lum Sum 1 $ 200.00 EA $ 200.00 2 Courier, Fedx Lum Sum 1 100 EA 100 3 Parkin ** Person/da 28 12 EA 336 Subtotal 636 Review of On-Site, Off-Site Conditions ~- 1 Printin ,Blue tints Lum Sum 1 300 EA 300 2 Courier Fedx Lum Sum 1 200 EA 200 3 Parkin ** Person/da 46 12 EA 552 4 Structural consultant. 48 180 HRS 8640 5 Ex lorato Crew 48 160 HRS 7680 6 Historical Consultant 24 225 HRS 5400 6 Historical Consultant Assistant 36 115 HRS 4140 Subtotal 26912 Costs Estimating, Cost Controls ~- 1 Printin Blue tints Lum Sum 1 500 EA 500 2 Courier Fedx Lum Sum 1 300 EA 300 3 Parkin ** Person/da 36 12 EA 432 Subtotal 1232 Scheduling ~- 1 Printin Blue tints Lum Sum N/A EA 0 2 Courier, Fedx Lum Sum 1 100 EA 100 3 Parkin ** Person/da N/A EA 0 Subtotal 100 Building, GMP Submittal 8~ Negotiations ~• . . 1 Printin Blue tints Lum Sum 1 800 EA 800 2 Courier, Fedx Lum Sum 1 200 EA 200 3 Parkin ** Person/da 22 12 EA 264 Subtotal 1264 Total $ 30,144.00 (**) =Parking has been calculated on the basis of one trip to the job site each week per person. (~) =Exploratory Crew consists of a Superintendent, an operator and a Type B helper. e y City of Miami Beach Capital Improvements Office °'""' Miami Beach Patrol & Auditorium Project Ocean Dr. & 10 Street Jun.14.07 Billable Hourly Rates Executive $ 181 Director of Estimating 102 Project Manager 97 Estimator 59 Estimating Clerk (Estimating or Admin) 25 Project Engineer 67 Clerk 28 Scheduler 46 Marketing Team 48 Historical Consultant 225 Historical Consultant Assistant 115 Structural Consultant. 180 Superintendent 106 Exploratory Crew [($19+11)1.6x1.10)] 54 f ~1 N~ ~- ~~~~~s~ L ~~~ -- ~NGIN~I~S ~ C--~N~L CC~NTI~4CT(~(~S cgc023834 19.Jun.07 Ms. Thais Vieira Mlaml Beach Capttsf improvement Office Beau Patrol i~ Auditorium Project RE: Pre-~Constnrction Services' Fee Pronosai Thais, Via: E-mall Attached you wilt find the Revised Pre-Con Services' Fee totaling $70,t~f0 with its respective breakdown. You will also find a detailed breakdown of a list of potential services {f- Reimbursable Gosts PrerAuthorized) which you may want as the project progresses, Hopefully this wiH meet your satisfaction We are proceeding with the Preliminary Estimate rased on the 50% drawings {artless you advise otherwise), expecting to receive a formal Agreement for Pre-Con Services in the near future. A$ always, if we can be of assistance or you require further information, please do not hesitate to contact me. Sincerely MCi4A G. Ramirez ~ Administrator c~ Mario C3onzalez-Pda - City of Miarr~ Beact- Arrna~dp Pbrez, PE .MGM End: b -Pre-Gsrn Fea p>ai d - Staff! Coed Breakdown e - Reimbursabke.Soft Casa &ealcdpyMt f - Rehttbutsable Cost (Pre-Auihorized} bzoi SW 7otl, STR~ET+ 2r~ i=~OOR • FIIAMI, ~LC7RIDA + 33u}3 PNONr= ao3.sgi.oooo + v.mcmcorp.com + SAX 3o5.54i.97~i ~ m ~ m p '~ a ca '~ ~ 4 ~ ~~ ~ o .. m ~ =~ ,~ '~ Q v Ea°'~ ~ ~~~~ ~~ s o. a. xv .c m c ~~ v ~' 3 0 a .c 4 U~ c U 0 3 a° ar m 4 3 0 m W y F- N O u LL Q I- uy a~ 0 ra .~ c~ w m c~ .~ 0 m w 0 u~ _~ v c m E E m ~' c N ui ai .a ~~^ City ofi Miami Beach Capttat Improvements Office ~~~ ~~~ ~~~ Miami Beach Patrol,„&Auditotium,Rroje~t, Ocean Dr. & 1 d Street Jun.19.07 Staff Costs i' • _ ....:Project Executive _ 8 $181 $ 1,448 Director of Estimating 48 # 102 4 896 Estimator __ _-- N 48 ~ I 59 2,832 ..___ - Project Executive _._ - 8 ` ~ 181 y 1,448 Pry oject Manager __ 8 97 776 Pro"ect E 1 ngineer -. ___ _ _ 80 _.._.. 67 _ 5,380; Glertc 49 ~ 28 1,372 _ .~.. _ __ ._ ~ ~ i • _._ .~__ Project Executive ~ ~' __ 12 - 181 _... 2,172 _ Director of Estimatlng ~ - 48 -- 102 4 896 ............._ EsUmatrar ..........--------.....__ i 120 .__. 59 7 080 ~_ _-..__ Project Executive -_.__ Pro~ct Manager __. _. 4 4 181 517 724 388 Scheduler ___ __ ___.. - _.... 72 6 _. ..__ 3,312 _... _ _ ~ - ~~ Project Executive ~ _ . ._- .. 12 181 2,1.72 Director of Estirnaiing Estimators Estimating Berk ~ _ --- _~~ ; ~~`~ 20 `-1~ ...___ 102 __ -'25 _ 2 040 , ~~12~5 _.. .~ , - _. _. _ - -----~-- ~ .. _ _ :. .~ _, ~ ~ ,. ..~. ~~. ,oW ,.> Y'~ ~ tP d Y Gir of Mimi Beach Capital lmpravements Office ~~~~ ~~~ Miami Beach Patrol ~ Auditorium Praiect Ocean Dr. & 10 Street Jun.18.Q7 Reimbursable Soft Costs (Estimated} _ -. '- ~ • - e PrinU"n9, Blueprints (estimated3 Courier, Fedx ---_ Paricin -- lump Sun"m 1 _.._ Lum Sum 1 Man Eaeh day 25 - 500 100 12 ----, 5t}0 100 300 .;Printing, Blueprints (estimated} ___ Courier, Fed~c _ _ - .__ Parking ~~ Sum Lump Sum Lu Sum __.-._1..._ . 1 - 500 100 ___._. 5~ 100 __. ~ _...-- Printl ,Blueprints C©ur'. ~~ - _ Parkin __ ------ Lum _Sum~T~~`- ~ - ~ 1 _ Lump Sum ~ 1 Lump Sum 2p0 100 - _ 200 1tMI Printi , 81ue rims Parking Lum Sum Lum Sum Lump Sum 1 1 2,000 100 2,000 100 100 .._ _ i _ --._.. e ~ ne 3oeww ~~ nas Veen aacnowletlged as valid by Owner's Rep. MCM wiR documerrt its host on a montitfjr bstapt as the Pre-Con SRUVioes evdve. ~~``~~~~~ City of Miami Beach Capital Improvements t7fftce ~~ ~~ ~~ Miami Beach Patrol & Audi4orium Protect Ocean Dr. & 10 Street Jun.19.07 Reimbursable Costs (Pre-Authorized) Estimated Below is a Nst of rehr~Durseaat~ies we consider may be needed. K so, ttlesB servicaa wd1 be Rep. has been received. .~~,~ ~, ,.~„ ~~{~,~ ~~ ~.,~„e<,~ rev~~ ~ ~«, , s 225 s a2s Historical Consultant Assistant - lions 1 115 115 - • • - . _ Historical Consultant On site review Fiourt 4 - 225 9p0 isto .cal Consultant Assistant tioutt~ 8 _...-- 115 920 8tructuratt:onsuttant - Hourly__~ 8 --- 180 1440 MBrketir>4t Ass~tant ~ 4 48 192 _.._~_ Historical Gonsuttant Checki alternates -. 1 225 -..~.._ 225 Historical Consultant Assistant ~ Hourly _____ -.......__ _ 1 - 115 115 _._ f EXHIBIT VI 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. 33 C C O .~ R a °- o ~ ~ cQ mV '~ .~' ~ .~ ~ 3 Cl 9 ~ 0 ' o c 0 V • O ° ° ° m ° m F- m ~ m ~ t- m F- ~ ~ • O O ~ ~ m m H ~ ~ • t a~ ~ ~o . ~ . : ~ ~ l0 ~ '~ "~ ~ V3 ~ _ (h ~ I ~ C m ; ~ y y d. O E C m W 1 ~ Z' N ~ ~ . 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