Coastal Systems International Inc., Agreement
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
COASTAL SYSTEMS INTERNATIONAL, INC
FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A / E)
SERVICES FOR DESIGN, PERMITTING AND CONSTRUCTION
MANAGEMENT
FOR THE
BEACHWALK II PROJECT
OCTOBER 2007
Beachwalk II October 4, 2007
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 3
1.6 Project Manager 3
1.7 Basic Services 3
1.8 The Project 3
1.8.1 The Project Cost 3
1.8.2 The Project Scope 3
1.9 Construction Cost 3
1.9.1 Construction Cost Budget 4
1.9.2 Statement of Probable Construction Cost 4
1.10 Force Majeure 4
1.11 Contractor/Contractors 4
1.12 Contract Documents 5
1.13 Contract for Construction 5
1.14 Construction Documents 5
1.15 Contract Amendment 5
1.16 Additional Services 5
1.17 Work 6
1.18 Services 6
1.19 Base Bid 6
1.20 Schedules 6
1.21 Scope of Services 7
ARTICLE 2. BASIC SERVICES 7
2.1 Planning Services 8
2.2 Design Services 8
2.3 Bidding and Award Services 8
2.4 Construction Administration Services 8
2.5 Additional Services 8
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 18
ARTICLE 5. ADDITIONAL SERVICES 19
ARTICLE 6. REIMBURSABLE EXPENSES 20
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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
SCHEDULE E QUALITY CONTROL PLAN
SCHEDULE F WEEKLY REPORT REQUIREMENTS
October 4, 2007
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
COASTAL SYSTEMS INTERNATIONAL, INC
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
BEACHWALK II PROJECT
This Agreement made and entered into thisl~~ay o~ prnr~, 2007, by and between the CITY
OF MIAMI BEACH, a munici al co oration existing under the laws of the State of Florida
p iP
(hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and COASTAL SYSTEMS INTERNATIONAL, INC, a Florida
corporation having its principal office at 464 South Dixie Highway, Coral Gables, Florida, 33146
(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:
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ARTICLE 1. DEFINITIONS
1.1 CITY:
October 4, 2007
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 Manager, 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 REQUEST FOR
QUALIFICATIONS NO. 08-05/06, FOR PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR DESIGN, PERMITTING AND CONSTRUCTION
MANAGEMENT OF THE ATLANTIC GREENWAY NETWORK "BEACHWALK II"
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 Coastal Systems
International, Inc, a Florida corporation having its principal offices at 464 South Dixie
Highway Coral Gables, Florida, 33146. When the term "Consultant" is used in this
Agreement it shall be deemed to include any sub-consultants and any other person or
entity acting under the direction or control of Consultant. Any subconsultants retained by
Consultant pursuant to this Agreement and the Project shall be subject to prior written
approval of the City. The following subconsultants were included in the Consultant's
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Proposal and are hereby approved by the City for the Project:
Survey Consultant: Precision Engineering and Surveying
Electrical Engineer: Basulto Associates
Landscape Architect: EDAW
1.6 PROJECT MANAGER: The "Project Manager" shall mean the individual
appointed by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review on behalf of the City, all matters related to the Project,
except as otherwise provided herein.
1.7 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, bidding/award, and construction
administration for the Project, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services" attached hereto.
1.8 PROJECT: The "Project" shall mean the City Project that has been approved
by the City Commission and as described in Schedule "A" attached hereto.
1.8.1 PROJECT COST: The "Project Cost", as established by the City,
shall mean the total cost of the Project to the City including: Construction Cost,
professional compensation, land cost, if any, financing cost, materials testing
services, surveys, contingencies and other miscellaneous costs.
1.8.2 PROJECT SCOPE: The "Project Scope" shall mean the description
of the Project contained in Schedule A attached hereto.
1.9 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
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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 and best bona fide bid or competitive bid received and accepted from a
responsible bidder or proposer for any and all of such Work.
1.9.1 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.
1.9.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The
"Statement of Probable Construction Cost" shall mean a forecast of Construction
Cost prepared by the Consultant, as defined in attached Schedule "A" entitled
"Scope of Services", for the guidance of the City. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest
Statement of Probable Construction Cost. The City shall have the right to verify
the Statement of Probable Construction Cost or detailed cost estimate by the
Consultant.
1.10 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, 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.
1.11 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean
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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.
1.12 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.
1.13 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a
legally binding agreement with Contractors.
1.14 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.
1.15 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written
order to the Consultant approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. Contract Amendments shall be approved by the City
Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City
Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other
such amount as may be specified by the City of Miami Beach Procurement Ordinance; as
amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.16 ADDITIONAL SERVICES: "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
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Manager prior to commencement of same.
October 4, 2007
1.17 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.
1.18 SERVICES: "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obligations herein.
1.19 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the 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".
1.20 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A -Scope of Services.
Schedule B- Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D -Project Schedule.
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Schedule E -Quality Control Plan: The Consultant's plan to ensure Project quality and
performance, and minimize foreseeable Project risks which the Consultant does not
control, as submitted by the Consultant and approved by the City's.
Schedule F -Weekly Report Requirements: The Consultant shall submit a weekly report
in the format provided by the City to fulfill the requirements outlined in this Schedule.
1.21 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 Phase, as discussed in attached Schedule "A" entitled
"Scope of Services".
The Consultant's Basic Services shall consist of six Phases (inclusive of planning, design,
bidding/award, construction administration and additional services) as described in
attached Schedule A "Scope of Services".
The Consultant shall coordinate with subconsultants and other consultants, and conform
to all applicable building codes and regulations. Consultant, as it relates to its Services,
represents and warrants to the City that it is knowledgeable of codes, rules and
regulations applicable in the jurisdictions in which the Project is located, including, local
ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes,
Administrative rules and regulations including, Federal laws, rules and regulations. The
Consultant agrees to comply with all such laws, codes, rules, and regulations now in
effect, and as may be amended or adopted at any time, and shall further take into account
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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 prepare 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".
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".
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2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the
City shall not constitute nor be deemed a release of the responsibility and liability of
the Consultant, its employees, subcontractors, agents and consultants for the
accuracy and competency of their designs, working drawings, specifications or other
documents and services; nor shall such approval be deemed to be an assumption of
such responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or other documents prepared by the Consultant, its
employees, subcontractors, agents and consultants. However, the Consultant shall be
entitled to reasonably rely upon the accuracy and validity of written decisions and
approvals furnished by the City and its employees.
2.7 TIME: It is understood that time is of the essence in the completion of
this Project, and in this respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is
consistent with the standard of professional skill and care required by this
Agreement and the orderly progress of the Work.
2.7.2 The parties agree that the Consultant's Services during all phases of this
Project will be performed in a manner that shall conform with the approved
Project Schedule, which is attached to this Agreement as Schedule "D". The
Consultant may submit requests for an adjustment to the Project Schedule, made
necessary by undue time taken by the City to approve the Consultant's
submissions, and/or excessive time taken by the City to approve the Services or
parts of the Services. The City shall not unreasonably refuse to approve such
adjustment(s) to the Project Schedule if the request is made in a timely manner
and is fully justified.
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 Project Manager,
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
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under this Agreement will be provided under the general direction of the City's
Project Manager, it is the intent of this Agreement to allow the Consultant to
coordinate the performance of all design and construction administration to the
extent such coordination by the Consultant is permitted by the contracts for the
design and construction administration.
2.7.4 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
2.7.5 Whenever during the term of this Agreement, others are required to
verify, review, or consider any work performed by Consultant, including but not
limited to the design professionals, Contractors, and other consultants retained by
the City, the intent of such requirement is to enable the Consultant to receive input
from others' professional expertise to identify any discrepancies, errors or
omissions that are inconsistent with industry standards for design or construction
of comparable public projects; or which are inconsistent with applicable laws,
codes, ordinances, and regulations; or which are inconsistent with standards or
decisions provided in writing by the City's Project Manager. Consultant will use
reasonable care and skill in accordance with and consistent with customary
professional standards in responding to items identified as discrepancies, errors
and omissions by others. Consultant shall receive comments from reviewers via a
set of marked-up drawings and specifications. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean
as soon as possible under the circumstances, taking into account the requirements
of the Project Schedule.
2.7.6 The City shall have the right at any time, and in its sole and absolute
discretion, to submit for review to consulting engineers or consulting architects or
other consultants, engaged by the City at its own expense for that purpose, any or
all parts of the services performed by the Consultant, and the Consultant shall
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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.
2.7.10 Consultant agrees to employ and designate in writing, within five (5)
calendar days after receiving its initial Notice to Proceed, a qualified licensed
professional to serve as the Consultant's project manager (herein after referred to
as "Project Manager"). The Project Manager selected by Consultant shall be the
same individual designated as Project Manager in the Consultant's proposal. 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. In
addition to Consultant's request for Project Manager substitution, Consultant shall
provide any necessary past performance information on the alternative Project
Manager in the format specified by the City. Consultant further agrees to obtain a
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binding agreement with its Project 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 be performed and pursuant to this Agreement.
Consultant agrees that all Services to be provided by Consultant pursuant to this
Agreement shall be subject to City's review and approval and shall be in
accordance with the generally accepted standards of professional practice in the
State of Florida, as well as in accordance with applicable published laws, statutes,
ordinances, codes, rules, regulations and requirements of any governmental
agencies having jurisdiction over the Project or the Services to be performed by
Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional
judgment to advise City regarding resolution of each such conflict.
2.7.13 Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without City's prior written consent, or unless
incident to the proper performance of Consultant's obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been
properly subpoenaed, any non-public information concerning Services to be
rendered by Consultant hereunder, and Consultant shall require its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph.
2.7.14 The City and Consultant acknowledge that the Scope of Services does
not delineate every detail and minor work task required to be performed by
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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 City's Project
Manager, in writing, in a timely manner, and obtain said Project Manager's
written consent, before proceeding with the work. The City's Project Manager
must comply with Contract Amendment processing requirements as outlined in
Article 1.15, 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 City's Project Manager, 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 City's Project Manager 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 a weekly electronic Project Report in the City
provided format, and electronic Project document files to the City, at the
completion of the Project.
2.7.16 It is further the intent of this Agreement that the Consultant shall perform
its duties under this Agreement in a competent, timely and professional manner
and that it shall be responsible to the City for any failure in its performance except
to the extent that acts or omissions by the City or others make such performance
impossible.
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
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authorities having jurisdiction over the Project, or such delays which are caused
by factors outside the control of Consultant, Consultant shall provide City with
immediate written notice stating the reason for such delay and a revised
anticipated schedule of completion. City, upon review of Consultant's submittal
and such other documentation as the City may require, may grant a reasonable
extension of time for completion of the Project and may provide reasonable
compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder
properly, in accordance with the standards of its profession and in conformance
with applicable construction, building and health codes and other applicable
Federal, State and local rules, regulations and laws, of which it should reasonably
be aware, throughout the term of this Agreement. The City's participation in the
design and construction of the Project in no way relieves the Consultant of its
professional duties and responsibilities under applicable law and under the
Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Manager to act as the City's
representative with respect to the services to be rendered under this Agreement (referred
to herein as City's Project Manager). The City's Project Manager shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the City's Project
Manager 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 1.15 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
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Services; or
October 4, 2007
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 andlor 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
City's Project Manager, in writing, in a timely manner and obtain said Project Manager's
written consent, before proceeding with the work. If Consultant proceeds with the
Additional Services without notifying and obtaining the consent of the City's Project
Manager, said work shall be deemed to be within the original level of effort and deemed
included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants or vendors working on this Project for which Consultant has received
payment from the City.
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3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project
or non-conformance with the Contract Documents, the City shall give prompt written
notice thereof to the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following
actions or conduct by passage of an enabling resolution or amendment to this Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
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.
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Beachwalk 11 October 4, 2007
3.7.5 The City Commission shall approve or consider all Contract
Amendments that exceed the sum of twenty five thousand dollars ($25,000.00)
(or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended).
3.8 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations
(exclusive of those authorizations reserved to the City Commission) to the Consultant.
These authorizations shall include, without limitation: reviewing, approving, or otherwise
commenting upon the schedules, plans, reports, estimates, contracts and other documents
submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in Article 2 and the
attached Schedule "A" entitled "Scope 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.
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Beachwalk II October 4, 2007
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 1.10, the City
shall have no obligation to approve an increase in the Construction Cost Budget
limitations established herein, and, if such budget is exceeded, the City Commission may,
at its sole option and discretion, terminate this Agreement without any further liability to
the City.
4.2 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
18
Beachwalk II October 4, 2007
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 Manager prior to
commencement of same. Such authorization shall contain City's description of the
Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to
Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project
(if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable,
which the Consultant shall not exceed without specific written authorization from the
City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services
requested by the City and all costs applied to such shall be verifiable through time sheet
and reimbursable expense reviews. .
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in Consultants as set forth in this Agreement.
5.3 Additional Services may consist of the following:
5.3.1 Serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has arisen from
the failure of the Consultant to meet the Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in the
Construction Documents, after commencement of the Construction Phase.
5.3.3 Providing such other professional services to the City relative to the
Project which arises from subsequent circumstances and causes (excluding
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Beachwalk II
October 4, 2007
circumstances and causes resulting from error, inadvertence or omission of
the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution of this Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as
otherwise expressly provided for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are 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 for an
individual expense, must be authorized in advance in writing by the City's Project
Manager. Invoices or vouchers for Reimbursable Expenses shall be submitted by the
Consultant to the City, along with supporting receipts, and other back-up material
reasonably requested by the City, and Consultant shall certify as to each such invoice that
the amounts and items claimed as reimbursable are "true and correct and in accordance
with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include, but are not limited to, the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the City Project Manager.
6.2.2 Expense of printing and reproduction, postage and handling of drawings,
specifications and other documents, excluding reproductions for the office use of
the Consultant and sub-consultants. Courier and postage between the Consultant
and its sub-consultants are not reimbursable.
6.2.3 Fees for all necessary permits shall be paid directly by City.
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October 4, 2007
6.2.4 Airfare, car rental and per diem expenses associated with meetings in
Tallahassee or other non-local areas with regulatory agency staff as
required by the Schedule "A" Scope of Services.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated at
a not to exceed lump sum fee as listed in Schedule "B" for Basic Services, which is 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's Project Manager. Payments shall be made in proportion
to the Services satisfactorily performed in each Phase so that the payments for Basic
Services for each Phase shall not exceed the progress percentage noted in the
Consultant's Progress Schedule, submitted with each invoice. No markup shall be
allowed on subcontracted Basic Services.
The City and the Consultant agree that the Consultant's fee will be $486,731, as detailed
in Schedule "B", and as approved by the City Commission on January 12, 2007 for the
provision of the services described in Schedule "A", Scope of Services.
7.2 Additional Services authorized in accord with Article 5 will be compensated using
the hourly rates set 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 City's Project Manager, 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's Project Manager. 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
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Beachwalk II
October 4, 2007
shall be included with the monthly Basic Services payment request noted in Article 7.
Proper backup must be submitted with all reimbursable requests. No markup or
administrative charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 2007, the Hourly Billing Rate Schedule
shown in Exhibit "C" may be adjusted annually based upon the Miami -Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maximum increase
will be limited to three percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of sums
withheld from payments to Contractors.
7.6 Method of Billing_and Pam With respect to all Services, Consultant shall submit
billings on a monthly basis in a timely manner. Billings for Additional Services 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. 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.
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October 4, 2007
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 all Consultant
and subconsultants to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to the Project, and any
expenses for which Consultant expects to be reimbursed. All books and records relative
to the Project will be available at all reasonable times for examination and audit by City
and shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books and
records will be grounds for City's disallowance of any fees or expenses based upon such
entries. All books and records which are considered public records shall, pursuant to
Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9.OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
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October 4, 2007
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is
subject to the appropriation of funds by its legislative body in an amount sufficient to
allow continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in
the event that the Consultant (1) violates any provisions of this Agreement or performs
same in bad faith or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise. In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
termination. "Additional Cost" is defined as the difference between the actual
cost of completion of such incomplete Services, and the cost of completion of
such Services which would have resulted from payments to the Consultant
hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant
and accepted by the City prior to receipt of a Notice of Termination, shall be
made in accordance with Article 7 herein and the City shall have no further
liability for compensation, expenses or fees to the Consultant, except as set forth
in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
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Beachwalk II
October 4, 2007
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
submittal of documents, as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant, in writing,
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.4 Termination B~Consultant. The Consultant may only terminate this Agreement for
cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
10.5 Implementation of Termination. In the event of termination, either for cause or
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Beachwalk II
October 4, 2007
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 Manager, prior to their occurrence; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
as provided herein, all documents for the Services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, And As Specifically Set Forth Therein.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained
any company or person, other than an employee working solely for the Consultant, to
solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company
or other person any fee, commission, gift or other consideration contingent upon the
execution of this Agreement. For breach or violation of this warranty, the City has the
right to terminate this Agreement without liability to the Consultant for any reason
whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million ($1,000,000.00)
Dollars per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify City in writing within thirty (30) days
of any claims filed or made against the Professional Liability Insurance Policy.
(b) Comprehensive General Liability Insurance in the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
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October 4, 2007
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 Manager.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and
employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed or utilized
by the Consultant in the performance of the Agreement. This Article 12, and
Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
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Beachwalk II
ARTICLE 13. VENUE
October 4, 2007
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can place a
limit on City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
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Beachwalk II
October 4, 2007
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 EcLual Opportunity Employment Goals: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work, may not bids or leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or subconsultant under a contract
with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this
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October 4, 2007
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
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
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October 4, 2007
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Bob Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Fred H. Beckmann
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Lisa Botero
Environmental Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
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Beachwalk II October 4, 2007
Tim Blankenship, P.E.
Coastal Systems International, Inc
Engineering Department Head
464 South Dixie Highway
Coral Gables, Florida, 33146
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
[THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Attest
~r
~ ~ti~~
CITY CLERK
Robert Parcher
Attest
OF MIAMI BEACH
CONSULTANT
Coastal Systems International, Inc
APPROVED AS TO
FORM & LANGUAGE
8~ FOR F~,CUTION
I ia~
33
David Dermer
Print Name Print Name
Beachwalk II October 4, 2007
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND COASTAL SYSTEMS INTERNATIONAL. INC
SCOPE OF SERVICES
Please refer to attached schedule.
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Beachwalk II October 4, 2007
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND COASTAL SYSTEMS INTERNATIONAL, INC
CONSULTANT COMPENSATION
Please refer to attached schedule.
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Beachwalk II October 4, 2007
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND COASTAL SYSTEMS INTERNATIONAL. INC
HOURLY BILLING RATE SCHEDULE
Please refer to the attached schedule.
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Beachwalk II October 4, 2007
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND COASTAL SYSTEMS INTERNATIONAL, INC
PROJECT SCHEDULE
Please refer to the attached schedule.
Task Description:
Working days after
Notice to Proceed
The above durations include, in working days, the response time of the City and the Program
Manager.
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Beachwalk ll
SCHEDULE E
QUALITY CONTROL PLAN
Please refer to the attached quality control plan.
October 4, 2007
Any risks not identified in this Plan, except unforeseen risks shall be the responsibility of
the consultant.
38
SCHEDULE F
WEEKLY SUBMITTAL REQUIREMENTS
Please refer to weekly report requirements the weekly quality assurance requirements and
provided excel format.
Weekl~Report Requirements
The Consultant's selected Project Manager shall submit a weekly report during the design phase.
The template file for the weekly report shall include:
1. Administrative information.
2. Project status based on milestones.
3. Unforeseen risks.
4. Contract changes.
Administrative information includes the following:
1. Project title.
2. Project manager.
3. Procurement agent.
4. Reviewers.
Project schedule based on milestones includes:
1. Major milestones and scheduled dates (as proposed in the vendor's risk assessment plan /
value added submittal and developed during the pre-award period.)
Milestones should include any event that is affected by potential risk that is listed in the quality
control plan.
2. Actual achieved dates.
Milestones include the preliminary risk assessment meeting where the project cost, alternative
solutions based on the budget, and general project scope/cost are addressed.
Unforeseen risks and their resolution include:
1. Changes to project schedule, client expectation or cost.
2. Method to get project back on schedule.
3. Status of minimizing the problem until the problem is resolved.
4. Impact of time or costs.
Quality Assurance Report
The Consultant will submit a weekly quality assurance checklist, as developed during the pre-
award period. The quality assurance checklist is a list of risks taken from the Quality Control
Plan and prioritized by importance of potential impact (time and cost.)
SCHEDULE "A" -SCOPE OF SERVICES
CITY OF MIAMI BEACH
"Beachwalk II" PROJECT
The following is a detailed description of the Scope of Work to be provided by Coastal Systems
International, Inc. (Coastal Systems) team for the City of Miami Beach (City) relative to the design,
permitting, and implementation of the proposed "Beachwalk II" Project (Project) between South
Pointe Drive and 5th Streets. The purpose of the Project is to create amulti-purpose public access
corridor, within a public easement, which extends along the western edge of the dunes immediately
east of the oceanfront properties. The corridor will interconnect area business districts,
culturalltourism centers, residential neighborhoods, parking facilities, parks schools and the
beaches. The corridor will be approximately 2,700 linear feet running in a north-south direction
connecting the south end of Lummus Park with South Pointe Drive. The corridor will be designed as
a 15-foot wide on-grade path constructed of pavers with connections at street ends and other public
access areas. The scope of work will include dune restoration and enhancement as part of the
project. The City's construction cost budget for the Project is $4,064,000.
CONSULTING SERVICES
PART 1 -PLANNING PHASE SERVICES:
Part 1.1 -Initial. Services
1.1.1 Risk Assessment Plan Development: Coastal Systems will work with the City to
develop an appropriate Risk Assessment/Quality Control Plan for the Project, and will
set up the Project Quality Assessment checklist for use during subsequent phases of the
Project.
Beachwalk II Scope of Services -Page 1
1.1.2 Project Kick-Off Meeting: The Coastal Systems project team will attend one (1) kick-off
meeting with the appropriate City representatives tointroduce key team members to the
City staff and review available planning and reference documents defining the Project
scope. Preliminary project goals, schedule, budget, and quality control will be discussed.
Based on this meeting, Coastal Systems will schedule the site reconnaissance visit.
Coastal Systems shall prepare and distribute meeting minutes.
Deliverables: Meeting Minutes
Part 1.2 -Site Reconnaissance
1.2.1 Data Collection: Coastal Systems will compile available data relating to existing
conditions within the proposed Project area. This data will include existing site surreys of
oceanfront properties, adjacent street locations, site plans for proposed oceanfront
developments, names of property owners, and metes and bounds description/location of
the Coastal Construction Control Line (CCCL) and Erosion Control Line (ECL). The
approximate location of the vegetated dune and major structures within the Project area
will be noted. This data will be used to assist in the development of the Initial Conceptual
Design.
1.2.2 Site Reconnaissance Visit: The Coastal Systems team will schedule and attend one
(1) meeting at the Project site with City staff to observe existing conditions, identify
potential design opportunities and challenges, and photograph relevant features/areas of
interest. The feasibility and possible layout of the proposed path, landscaping, and other
amenities will be discussed. Coastal Systems will issue meeting minutes to document
onsite discussions.
Deliverables: Meeting Minutes
Part 1.3 -Initial Conceptual Design and Cost Opinion
1.3.1 Initial Conceptual Design: Based on the Project scope documents and direction
provided by the City in the Kick-off Meeting and Site Reconnaissance Visit, the Coastal
Systems team will start to develop conceptual design plans in preparation for the first
Community Design Workshop. A rendering of the general project layout will be
produced, illustrating conceptual landscape and hardscape elements. Typical illustrative
details will be provided, including illustrations of alternative treatments for the various
Beachwalk II Scope of Services -Page 2
areas of the Project, as appropriate. The location of the proposed project design
elements in relation to the dune, e~asting structures, adjoining property developments,
existing access points to the beach, connections to Lummus Park, street ends, and other
transportation corridors will be considered as part of the conceptual project planning
process.
Deliverables: Two (2) Copies of the Initial Conceptual Design
1.3.2 Initial Cost Opinion: Coastal Systems will provide an initial opinion of probable opinion
of construction cost for the proposed Project based upon the conceptual project plan to
confirm those proposed elements that are generally within the available City budget. This
analysis will provide an opinion of unit costs relative to proposed base and alternate
Project elements.
Deliverables: Initial opinion of cost spreadsheet (Excel format)
1.3.3 Review Meeting with City Staff: The Coastal Systems team will attend one (1) meeting
with City staff to review the Initial Conceptual Design plan, meeting minutes from the
conceptual DEP pre-application meeting, and initial opinion of cost to insure that any
additional comments are addressed prior to scheduling the Community Design
Workshop. The agenda for the Community Design Workshop will also be discussed.
Deliverables: Meeting Minutes
Part 1.4 -Conceptual Design Development
1.4.1 Community Design Workshop: T he Coastal Systems team will coordinate with City
staff to plan and attend one (1) Community Design Workshop in the City of Miami Beach
for public review and comment regarding the proposed Project. Materials to be provided
by Coastal Systems are anticipated to include the Initial Conceptual Design, including
typical details, to illustrate the proposed Project design. The City will secure a meeting
location and publish appropriate Public Notices for the workshop.
Deliverables: Meeting Minutes (possibly with graphics incorporated by reference)
1.4.2 Refined Conceptual Design: The Coastal Systems team will incorporate into the
conceptual plans those Project modifications collectively identified as preferable by the
City and meeting participants, given regulatory and other potential restrictions. The
Beachwalk II Scope of Services -Page 3
Coastal Systems team will coordinate with City staff to review comments received at the
Community Design Workshop.
Deliverables: Three (3) copies of the Refined Conceptual Design
1.4.3 Final Public Conceptual Design Presentation: The Coastal Systems team will work
with City staff to plan, schedule, and attend one (1) half-day Final Conceptual Design
Presentation meeting in the City of Miami Beach to present the Refined Conceptual
Design to the public. Materials to be provided by the Coastal Systems team are
anticipated to include the Refined Conceptual Design plans and detail sketches
illustrating the proposed Project design. The City will secure a meeting location and
publish appropriate Public Notices for the workshop. A copy of the Refined Conceptual
Design will be provided to the City so it can be posted for further public review and
comment within a specified time period.
Part 1.5 -Conceptual Design Report
Coastal Systems will prepare a written report presenting a summary of all design goals and
recommendations described above. The report will include renderings of the recommended Final
Conceptual Design forthe Project and document proposed incremental design options identified by
the City. The opinion of probable construction cost for the proposed Final Conceptual Design will be
reviewed and adjusted as appropriate for incorporation into the Conceptual Design Report. This cost
opinion will include any additional incremental design options under consideration by the City. A
draft of this report will be submitted to City staff for their review, prior to finalization. It is effected
that the City will issue a notice to continue with the Design Phase of services after review of the
Conceptual Design Report, and that the City will commence coordination relative to securing
required riparian owners' affidavits of authorization and/or easements.
Deliverables: Three (3) hard copies of the draft Conceptual Design Report
Three (3) hard copies of the final Conceptual Design Report and PDF
PART 2 -DESIGN PHASE SERVICES:
Part 2.1 -Engineering and Landscape Design
2.1.1 Engineering Design: The Coastal Systems team will provide the initial engineering
design services required for the Project elements outlined in the design development.
Civil engineering design services will include the initial layout and geometry of the trail
Beachwalk II Scope of Services -Page 4
based on the design development. The grading design will be initialized to meet the
aesthetic intent of the landscape planting areas. It is assumed that existing beach
access points across the dune will be maintained or streamlined. Access to street ends,
existing riparian properties, and other access corridors will be reviewed. Access for
emergency vehicles will be reviewed and illustrated. This scope of services assumes
that no new major structures (bathrooms, walls, etc.) will be designed as part of this
Project. Cross sections for the corridor will be developed that will include the path
pavers and base material.
2.1.2 Landscape/Hardscape Architectural Design: Landscape planting design will be
completed in accordance with the design development for the proposed Project
improvements. An initial list of plant species to be used adjacent to the path will be
developed, along with typical details regarding arrangement of these plants. Hardscape
concepts will be developed, including materials, colors, and finishes forthe path, edging,
fixtures, and other features.
2.1.3 Lighting Design: Pedestrian scale bollard lights with low wattage bulbs and
shielding/louvers, similar in design to those used forthe Beachwalk and NBRC projects,
will be used for the Project. EDAW will review proposed fixture locations and provide
comments/recommendations regarding light siting relative to Project aesthetic
considerations. The electrical and lighting plans along with lighting riser diagrams will be
defined indicating the proposed lighting and photometrics. The electrical power riser
diagram will be defined consistent with load requirements and voltage drop calculations.
Service entrance requirements will be coordinated with FPL consistent with available
and/or new service configurations and locations.
Deliverables: Three (3) copies of Lighting Phofometrics (24" X 36" sheets)
2.1.4 Irrigation Design: Irrigation will be designed for the corridor vegetation generally
consisting of temporary irrigation for the native dune vegetation. Permanent irrigation
will be designed at street-end and park area connections. The design shall include
system layout, service connections, list of materials and installation details consistent
with the NBRC and Beachwalk projects. The system will include controllers, valves,
heads, main and lateral piping, backflow preventors and flow sensors.
Beachwalk II Scope of Services -Page 5
2.1.5 Signage Design: The Coastal Systems team will provide design concepts for pedestrian
location and directional signage, consistent with City requirements for durability and
legibility, as well as aesthetic considerations.
2.1.6 Dune Fill Design: Coastal Systems will prepare initial design plans suitable for submittal
to the DEP illustrating the proposed dune fill to expand the dune profile, as necessary, to
restore the dune to the original U.S. Army Corps protective design. Fill elevation and
slopes will be designed. Required connections to street ends and landward properties
will be considered in this initial fill design. A proposed fill volume will be calculated. After
review and conceptual approval by the DEP, the fill design will be incorporated into the
Preliminary Construction Drawings.
2.1.7 Dune Vegetation Restoration Design: Coastal Systems will prepare initial design plans
suitable for submittal to the DEP illustrating areas of exotic vegetation removal and
proposed dune vegetation to replace exotics and fill barren areas. Plans will include
areas to be vegetated, native salt-tolerant plant species, and appropriate specifications
for planting. After review and conceptual approval by the DEP, the dune restoration
design will be incorporated into the Preliminary Construction Drawings. This scope of
services assumes that there will be no expansion of the footprint of the dune
structure/vegetation limits and will attempt to consider already permitted dune restoration
projects in this area (e.g. South of Fifth).
Part 2.2 -Construction Drawings and Specifications
2.2.1 Preliminary Construction Drawings: Coastal Systems will prepare preliminary design
plans at approximately the 30% level of completion illustrating details of the proposed
Project. The preliminary design drawings will illustrate plan and sectional views of the
improvements and will include general details of paving and grading. All path geometry
and elevations will be established, including slopes. Minor drainage design (slopes,
swales, etc., but no drainage structures or underground piping) will be completed as
appropriate for the improvements. Minor repairs of existing dune crossovers or
modification to sand-on-grade access, and clarification of connections to Lummus Park
and existing street ends will be provided. Design will be provided for minor beach
structures (such as fences, pads for showers, etc.) as part of the overall Project. Paving
and utility connection (water/electrical) design will also be developed as required. The
Beachwalk II Scope of Services -Page 6
plans will incorporate existing conditions and basic design elements including details of
handicap ramps, decorative details for the path, vegetation, and lighting.
Updated cost opinions that include quantities, unit costs, and total costs will be
submitted to the City for review. The preliminary plans will graphically convey the
engineering and landscape architectural design, and be formatted for a logical sequence
of construction. The preliminary plans will also be submitted to the City Planning and
Zoning and Public Works Departments for review and comment relative to compliance
with City Standards. Any significant design changes made to the plan set during this
phase of services by the City or a regulatory agency will be addressed under a separate
scope of services.
Deliverables: Four (4) copies of preliminary plans (24" X 36"sheets)
Uupdated opinion of cost
2.2.2 Final Construction Drawings: Coastal Systems will incorporate comments from the
City's review of the preliminary design plans into the final construction drawings.
Subsequent submittal of the design plans will be made to the City at the 60% and 90%
levels of completion. It is anticipated that the review comments from the 60% and 90%
level drawings will be minor in nature. The opinion of probable construction cost will be
revised and submitted with each design submittal package. The drawings will be
prepared with industry-accepted guidelines for the production of construction drawings
on 24"x36" sheets at appropriate scales. Final construction drawings will be sealed by
Florida Registered Professional Engineer or Registered Landscape Architect, as
appropriate.
Deliverables: Five (5) hard copies of the 60% and 90% plans
Five (5) hard copies of final construction drawings
2.2.3 Technical Specifications: Coastal Systems will prepare technical specifications in the
Construction Specifications Institute (CSI) format for the Division 2-16 specifications
required for the construction plans. The City will be responsible for all "up-front" bid
package documents such as General Conditions, Construction Contracts, Division 1
specifications, etc. Coastal Systems will prepare a bid form with unit quantities and
documentation for inclusion with the bid package. Permits forthe Projectwill be included
in the appendices of the package. The specifications will be provided to the City for
Beachwalk II Scope of Services -Page 7
review at the 90% design plan review stage. The City will be responsible for all document
reproduction services for the bid packages.
Deliverables: One (1) set of technical specifications on 8.5'k11"sheets
2.2.4. Project Team Meetings: In addition to those meetings specifically noted within other
phases of this agreement, the Coastal Systems design team will attend up to six (6) local
meetings with City staff, project team members, and/or other stakeholders to
present/discuss elements of the proposed Project. These meetings are estimated to be
an average of three hours each.
PART 3 -CONSTRUCTION PHASE SERVICES:
Part 3.1 -Bidding and Contract Award
Coastal Systems will attend a meeting with the City Project Manager to review the bid package
compiled by the City. This bid package is expected to be a performance-based contract and not a
conventional low bid project. Coastal Systems will review the bid package compiled by the City and
provide comments. Coastal Systems will attend one (1) pre-bid meeting with the City and
contractor(s) and respond to pre-bid questions. Coastal Systems will also review construction bid
and qualification packages and assist the City in the award of a construction contract.
Part 3.2 -Construction Administration
After initiation of construction, Coastal Systems will provide construction administration relative to
advising the project team members of their responsibilities to meet conditions of the DEP and City
Permits. Specifically, Coastal Systems will coordinate and prepare the necessary Monthly Periodic
Progress Reports and Final Certification, as required by the DEP. In addition, Coastal Systems
engineers will attend one (1) on-site Pre-Construction Conference, as required.
In addition, site visits by a Coastal Systems representative will be made during construction. Coastal
Systems will perform a maximum of twenty-five (25) site visits throughout the expected six-month
construction period. Field observation reports will be prepared for each site visit and submitted to
the City. These site visits will supplement the full-time inspections and construction management
provided by City personnel. Coastal Systems will review Shop Drawings and respond to requests
for information (RFI) as required. Coastal Systems will maintain contact with the City's full-time
Beachwalk II Scope of Services -Page 8
inspector and City engineering staff throughout the construction period. Coastal Systems will review
monthly payment applications submitted by the Contractor.
Deliverables: Field Observation Reports
PART 4 -COASTAL SURVEYING SERVICES
The City is to provide all available as-built surveys/plans of existing below ground and above ground
electrical equipment, utilities and otherstructures within and adjacent to the Project area. As they
become available, the City shall provide copies of plans for other pedestrian and vehicular
transportation corridor improvements, parks, and other proposed projects in the surrounding area.
The City shall also provide Coastal Systems with copies of any available plat maps, property
surveys, aerial photographs, and recent Miami-Dade County beach surveys. Transmittal of data in a
standard electronic format is preferable. These data will be compiled and used to facilitate
comprehensive urban redevelopment planning during the design phases.
Part 4.1 -Coastal Topographic Survey
A topographic survey delineating property boundaries, existing structures, and topographic
elevations within the coastal Project area will be prepared by the Coastal Systems team in
compliance with the requirements of the DEP pursuant to Chapter 62B-33.0081, Florida
Administrative Code (Revised 2005). Visible structures/features will be surveyed. The topographic
survey will reflect the location of the CCCL and ECL tied to the State Plane Coordinate System, and
will be signed and sealed by a Professional Land Surveyor. The topographic survey will include
beach profile transects taken from the ECL or landward limit of the proposed Project (whichever is
located farther landward) to Mean Low Water. The beach profile transects will be taken generally
perpendicular to the shoreline at approximately 200 feet on center along the Project length (at DEP
Reference monuments and approximate half- and quarter- monuments). This topographic survey
will be signed and sealed by a Professional Land Surveyor registered in the state of Florida.
Deliverables: Six (6) signed and sealed copies of the Topographic Survey
Part 4.2 -Vegetation Mapping
The Coastal Systems team will map the areas of existing native and non-native vegetation within the
proposed Project area for use in the landscaping design and to evaluate areas of exotic vegetation
that will be required to be removed, as well as potential environmental impacts of the Project. The
dominant exotic and native plant species that are regulated by the City and/or DEP will be noted.
Beachwalk II Scope of Services -Page 9
Part 4.3 -Final Base Map
Coastal Systems will prepare a final base map by compiling the Coastal Topographic Survey and
Vegetation Mapping data to illustrate the visible existing conditions and topographic contours within
the Project area. The Final Base Map will become the basis for the design development portion of
the Project.
Deliverables: Two (2) copies of the Final Base Map (24"X 36"sheets)
PART 5 -BASIC PERMITTING SERVICES
Part 5.1 -City of Miami Beach Permits
Permits from Public Works and the Building Department will be required for the Project. The City
will prepare applications and process these permits. Coastal Systems will assist the City in
processing the permits. Coastal Systems will meet with representatives of the City toward securing
the required approvals for site and civil improvements. Specifically, the 90% level of drawings will be
presented to the City for processing through the required City Departments, and the 100% final
drawings will be submitted for permit. Coastal Systems will attend up to six (6) two-hour meetings
with City staff to review the proposed design and coordinate authorizations.
PART 6 -SPECIAL COASTAL PERMITTING SERVICES
This scope of services assumes that the proposed path and ancillary structures will be sited as far
landward as is practical and that impacts to the beach/dune system will be minimized up front in the
design. This scope assumes that the DEP will not object to the proposed path location and/or
construction materials. This scope assumes that there will be no third-party comments submitted to
the DEP during the permitting process that will trigger significant negotiations or re-design of the
project, and that no petition for Administrative Hearing pursuant to Ch. 120 of the Florida Statutes
will be filed upon permit issuance.
Part 6.1 -Coastal Engineering Services
6.1.1 Coastal Impact Analysis: If requested by the City or the DEP to confirm potential
Project vulnerability to coastal storm impacts, Coastal Systems will evaluate the
predicted storm recession and storm wave impacts associated with the DEP 100-year
return period (design) storm. along the Project shoreline. Specifically, the analysis will
provide the maximum wave crest elevation for these storm events and the predicted
Beachwalk II Scope of Services -Page 10
eroded grade profile/elevation at each DEP reference monument within the Project area.
In addition, Coastal Systems will generally analyze the potential vulnerability of the dune
and proposed path to short and long-term erosion.
6.1.2 Coastal Impact Report: Coastal Systems will prepare a report summarizing the above
analyses and providing design recommendations based on the engineering data.
Graphics will be included illustrating predicted erosion of the 100-year return-period
storm event relative to the proposed Project. These data will assist in confirming
appropriate path location.
.Deliverables: Two (2) copies of the Coastal Inpact Report
Part 6.2 -Coastal Permitting Services
6.2.1 Conceptual Design Review and DEP Pre-Application Meeting
Coastal Systems will review the Coastal Survey and Initial Conceptual Design for the
proposed project and provide input to the City and Project design team as to coastal
construction permit requirements. Coastal Systems will advise the Project team of the
survey and plan compliance with code requirements [Chapter 62B-33, Florida
Administrative Code (F.A.C.)] of the DEP.
At the appropriate point in the conceptual design development process, Coastal
Systems will prepare for and attend one (1)Pre-Application Meeting in Tallahassee with
the Florida Department Environmental Protection (DEP) Bureau of Beaches and Coastal
Systems to present the Project Initial Conceptual design. Coastal Systems will discuss
with DEP staff the proposed design components of the Project relative to their
regulations, and solicit input as to the acceptability of critical design elements. Coastal
Systems will prepare meeting minutes documenting the discussionsand summarizing
DEP's acceptance of specific design elements. These reports will serve as DEP's
conceptual design approval and will become the basis of the final design and
construction drawings.
Deliverables: Meeting Minutes
6.2.2 Grants of Perpetual Easement: As the proposed layout of the Project may meander
landward of the Erosion Control Line (ECL) onto some of the upland properties, an
easement agreement may be required between those properties and the City. The City
Beachwalk II Scope of Services -Page 11
will secure all necessary easements from the riparian property owners, and Coastal
Systems will submit them to DEP for review. Coastal Systems will coordinate between
the City and DEP regarding any issues regarding easement format or content, although
it is generally assumed that there will not be issues of any significance in this regard.
6.2.3 DEP CCCL Permit Application: The City will provide Coastal Systems with an executed
CCCL permit application form, a DEP permit application fee (amount to be determined),
and a letter from the Planning and Zoning Department indicating their approval of the
project and confirming that the project "does not contravene local setback requirements,
or zoning codes" and "is consistent with the state-approved local Comprehensive Plan."
The City will provide Coastal Systems with the relevant legal descriptions and
ownership/control documentation for the proposed Project area. Coastal Systems will
prepare and submit a permit application package containing this information, as well as
the Project design plans, for the proposed project. Any significant design changes made
after submittal of the permit application will be considered a change in scope. Significant
design changes include, but are not limited to, the enlargement of footprint, addition of
structures seaward of the CCCL, relocating structures farther seaward, or new activities.
6.2.4 DEP and FWC Marine Turtle (Lighting) Review
Coastal Systems will coordinate with the lighting and landscaping team members toward
obtaining lighting plans, cut sheets, and the lighting table required by the DEP and
Florida Fish and Wildlife Conservation Commission (FWC) for review and approval.
Coastal Systems will also maintain telephone contact with the FWC to expedite their
review and approval of the proposed exterior lighting. Coastal Systems will confer with
the team landscape architect, lighting consultant, and City as to questions, revisions, or
additional items that maybe required by the FWC to assist the City in obtaining approval
for the proposed exterior lighting. It is assumed that bollard light fixture (or a very similar
model) and bulbs previously approved by the FWC forthe Beachwalk and NBRC Project
will be used exclusively for Beachwalk II. It is assumed that no lights will be proposed
that would be visible from the beach (such as fixtures near or seaward of the dune
crest).
6.2.5 DEP Division of State Lands Consent of Use Application (if necessary): Regulations
require that a Consent of Use or easement be obtained by any entity (local, private,
Beachwalk II Scope of Services -Page 12
commercial) prior to construction or other activities on State-owned lands. All lands east
of the Erosion Control Line are owned by the State of Florida. If the Division of State
Lands is not able to confirm that Consent of Use is provided through an updated City
Beachfront Management Plan, a separate application for Consent must be submitted. If
required, Coastal Systems will coordinate with the City to prepare and submit a State
Lands Consent of Use request to the DEP Joint Coastal Permitting (JCP) program.
6.2.6 DEP Division of State Lands Consent Processing (if necessary): Coastal Systems
will confer with DEP staff to advise them of the details of proposed construction and
identify areas of staff concern. Coastal Systems will maintain telephone contactwith the
DEP to expedite their review and processing of the Consent of Use application. Coastal
Systems will provide a sketch illustrating the general north and south boundaries of the
Consent approval relative to DEP reference monuments. This scope of services
assumes that a surveyed legal description of the boundaries of the Project upon state
lands will not be required, and that a Consent to Use State Lands, ratherthan easement,
will be required/issued.
6.2.7 DEP Permit Processing: Coastal Systems will confer with DEP staff to advise them of
the details of the proposed construction and to identify areas of staff concern. Coastal
Systems will maintain telephone contact with the DEP to expedite their review and
processing of the permit application. Coastal Systems will review available working
drawings to ensure their compliance with DEP criteria toward expediting the DEP Final
Order. In addition, Coastal Systems will confer with the team members and City as to
questions, revisions, or additional items that may be required by the DEP and will
represent the Project before DEP staff to assist the City in securing a DEP Permit (Final
Order) for the proposed Project.
If geotechnical analysis and related sediment quality coordination relative to sand being
brought onsite for fill on or near the beach-dune system if required, these services will be
provided under a separate scope.
6.2.8 DEP Final Notice to Proceed: Coastal Systems will provide services to assist the City
in securing a DEP "Final Notice to Proceed" authorizing commencement of construction.
Specifically, Coastal Systems will provide services relative to coordinating and
Beachwalk II Scope of Services -Page 13
processing final construction drawings and meeting Special Permit Conditions outlined in
the Final Order. If a "Partial Notice to Proceed" must be issued to address project
phasing or other issues, this will be addressed under a separate scope.
6.2.9 Additional DEP Meetings: Coastal Systems will attend up to two (2) additional
meetings in Tallahassee with DEP staff to review the permit application, re-confirm the
acceptability of specific elements of the design, and facilitate expedited permit
processing. Coastal Systems will prepare Minutes for each meeting documenting the
discussions and summarizing DEP's acceptance of critical design elements.
Deliverables: Meeting Minutes
6.2.10 Pre-Construction and Final Inspection Meetings: Subsequent to issuance of the DEP
Notice to Proceed, the Coastal Systems permitting project manager will schedule and
attend one (1) Pre-Construction Conference with the DEP Field Representative, City,
Contractor, and Project team members, as required in the Special Permit Conditions
outlined in the Final Order.
Subsequent to completion of construction, Coastal Systems will schedule and attend
one (1) on-site Final Inspection Conference with the City, DEP Field Representative and
Contractor, as required by the Special Permit Conditions outlined in the Final Order. If
any project elements are not in compliance with the DEP permit and additional
coordination and/or meetings are required, these services will be provided under a
separate scope.
REIMBURSABLE EXPENSES:
Reproduction, transmissions, photocopies, telephone calls, airfare, and other direct expenses
related to the performance of this contract will be invoiced pursuant to the attached Schedule "C".
Beachwalk II Scope of Services -Page 14
GENERAL CONDITIONS/ASSUMPTIONS:
a. Design drawings created in AutoCAD will be provided to the City in electronic format.
b. It is assumed that the Project will be designed with minimal impact to the beach-dune
system -this includes siting landward of the dune profile and vegetation wherever possible,
maintenance of existing beach access corridors (or reduction of beach access points if
appropriate to reduce dune breach frequency), etc. It is assumed that no structures will be
proposed seaward of the 30-year erosion projection that are not in support of the erosion
control function of the project, and that no major structures will be proposed seaward of the
DEP 30-year erosion projection. It assumed that no major structures such as bathrooms,
walls, concrete pads greater than 100 square feet, etc. will be proposed as part of the
Project.
c. Major design changes after the completion of the Final Conceptual Design as confirmed by
the City after review of the Conceptual Design Report or the 30% set of preliminary
construction drawings will be negotiated under a separate scope of services. For the
purposes of this agreement, a "major" change would be a total increase or decrease greater
than 10% of the total design.
d. Coastal Systems is not responsible for any change in the scope of services that may be
incurred due to circumstances beyond our control, including, but not limited to, changes in
regulations and other legal actions.
e. It is assumed that the Project can be designed asself-mitigating - i.e. that there will be a net
benefit to the beach/dune systems through the proposed addition of fill and native
vegetation, and that all exotic vegetation is to be removed. If additional mitigation is required
by the DEP, this additional design and negotiation will be provided under a separate scope.
f. The schedule for construction is assumed to be approximately 9 months. Any rebid process
or extended construction schedule will require services to be provided under a separate
scope.
g. The following items are not included in the scope of services presented herein:
Beachwalk II Scope of Services -Page 15
- Meetings or other coordination associated with the Beachfront Management Plan update
- Street-End, streetscape and associated utilities
- Design of retaining walls, bathrooms, cafes, or other major structures with substantial
foundations
- Revisions to riparian property access points based on modifications to those riparian
properties
- Transportation planning
- Aerial Photography or Planimetric Mapping
- Public hearings, meetings, orworkshops (beyond the scope specifically noted above)
- Environmental testing or engineering
- Geotechnical analysis and related sediment quality coordination with DEP or other
agency staff regarding sand proposed to be brought onsite for fill
- Illustrative renderings
- Model building
- FEMA consultations
- DEP Permit Modifications (major or minor)
- DEP Partial Notices to Proceed
- DEP Field Permits
- DEP Permit Time Extensions
- DEP or DERM Permits for Stormwater Drainage System Modifications
- DERM Tree Removal Permits
F:\Project\248600\Proposals\(06-OS-09) Schedule A -Scope of Services.doc
Beachwalk II Scope of Services -Page 16
Schedule "B"
SUMMARY OF COSTS FOR CONSULTING SERVICES
BEACHWALK II, CITY OF MIAMI BEACH, FLORIDA
Part 7 -Planning Services
1.1 -Initial Services
1.1.1 -Risk Assessment Plan Development Lump Sum $7,700
1.1.2 -Project Kick-Off Meeting Lump Sum $3,600
1.2 -Site Reconnaissance Lump Sum
1.2.1 -Data Collection Lump Sum $4,100
1.2.2 -Site Reconnaissance Visit Lump Sum $4,300
1.3 -Initial Conceptual Design and Cost Opinion
1.3.1 -Initial Conceptual Design $11,200
1.3.2 -Initial Cost Opinion Lump Sum $3,200
1.3.3 -Review Meeting v~ith City Staff Lump Sum $2,200
1.4 -Conceptual Design Development
1.4.1 -Community Design Workshop Lump Sum $6,800
1.4.2 -Refined Conceptual Design Lump Sum $6,700
1.4.3 -Final Public Conceptual Design Presentation Lump Sum $5,500
1.5 -Conceptual Design Report Lump Sum $10,700
Part 1 Subtotal: 366,000
Part 2 -Design Phase Services
2.7 -Engineering and Landscape Design
2.1.1 -Engineering Design Lump Sum $11,200
2.7.2 -Landscape/Hardscape Architectural Design Lump Sum $15,100
2.1.3 -Lighting Design Lump Sum $7,700
2.1.4 -Irrigation Design Lump Sum $2,400
2.1.5 - Signage Design Lump Sum $5,600
2.1.6 -Dune Fill Design Lump Sum $3,900
2.1.7 -Dune Vegetation Resoration Design Lump Sum $7,200
2.2 -Construction Drawings and Specifications
2.2.1 -Preliminary Construction Drawings Lump Sum $51,500
2.2.2 -Final Construction Drawings Lump Sum $85,700
2.2.3 -Technical Specifications Lump Sum $8,300
2.2.4 -Project Team Meetings Lump Sum $9,600
Part 2 Subtotal: 3208,200
Part 3 -Construction Phase Services
a) 3.1 -Bidding and Contract Award Lump Sum $6.100
b) 3.2 -Construction Administration lump Sum $30,000
Part 3 Subtotal: 336,700
Part 4 -Coastal Surveying Services
a) 4.1 -Coastal Topographic Survey Lump Sum $33,700
b) 4.2 -Vegetation Mapping Lump Sum $5,900
c) 4.3 -Final Base Map Lump Sum $3,400
PaR 4 Subtotal: 343,000
Part 5 -Basic Permitting Services
a) 5.1 -City of Miami Beach Permits Lump Sum $12,100
Part 5 Subtotal: 312,100
Part 6 -Special Coastal Permitting Services
6.7 -Coastal Engineering Services
6.1.1 -Coastal Impact Analysis Lump Sum $10,600
6.1.2 -Coastal Impact Report lump Sum $4,800
6.2 -Coastal Permitting Services
6.2.1 -Conceptual Design Review and DEP Pre-Application Lump Sum $7,700
6.2.2 -Grants of Perpetual Easement Lump Sum $1,900
62.3 -DEP CCCL Permit Application Lump Sum $4,500
6.2.4 -DEP and FWC Marine Turtle (Lighting) Review Lump Sum $3,400
6.2.5 -DEP Div. State Lands Consenl Application Lump Sum $4,000
6.2.6 -DEP Div. State Lands Consent Processing Lump Sum $7,900
6.2.7 -DEP Permit Processing Lump Sum $35,600
6.2.8 -DEP Final Notice to Proceed Lump Sum $8,700
6.2.9 -Additional DEP Meetings Lump Sum $3,100
6.2.10 -Pre-Construction and Final Ins ect. Mt s Lum Sum $6,800
Part 6 Subtotal: 399,000
TOTAL FEES: 3464,400
EST.REIMBLIRSABLE EXPENSE BUDGET: 322,331
GRAND TOTAL 3486 731
Revised August 31, 2007
SCHEDULE "C" -RATE SCHEDULE
CITY OF MIAMI BEACH
"BEACHWALK II" PROJECT
TITLE
Principal
Director/Department Head
Project Manager
Senior Engineer/Architect
Engineer/Architect/Scientist
Designer/Assistant Project Manager
CADD/Engineering Technician
Administrative Assistant/Technical Assistant/Clerical
Revised 8/31/07
HOURLY RATE
$ 200.00
$ 175.00
$ 140.00
$ 105.00
$ 95.00
$ 75.00
$ 60.00
$ 50.00
Coastal Systems International, Inc..
Schedule "D"
Beachwalk II Project
PrniPrt SrhPdulP
Task Name Duration
(working
days)
Start date
End date
Notes
Intro Contract Notice to Proceed 1 11 /01 /07 11 /0l /07
Part 1 Planning Phase Services
1.1 Initial Services 12 11 /01 /07 11 / 16/07
1.1.1 Risk Assessment Plan Develo ment N/A in progress 01/15/08
1.1.2 Project Kick-Off Meeting 1 11/16/07 11/16/07 Milestone
1.2 Site Reconnaissance 20 11/17/07 12/14/07
1.2.1 Data Collection 15 11/17/07 12/07/07
1.2.2 Site Reconnaissance Visit 5 12/10/07 12/14/07
1.3 Initial Conce tual Design and Cost Opinion 65 12/17/07 02/22/08
1.3.1 Initial Conceptual Design 30 12/17/07 01/25/08
1.3.2 Initial Cost Opinion 15 01/28/08 02/15/08
1.3.3 Review Meeting with City Staff 5 02/18/08 02/22/08 Milestone
1.4 Conce tual Design Develo ment 35 02/25/08 04/18/08
1.4.1 Community Design Workshop 15 02/25/08 03/14/08 Milestone
1.4.2 Refined Conce tual Desi n 20 03/17/08 04/11/08
1.4.3 Final Public Conce tual Design Presentation 5 04/14/08 04/18/08 Milestone
1.5 Conceptual Design Report 20 04/21/08
Report Preparation 15 04/21/08 05/09/08
Submittal of Draft Re ort to the City 1 05/09/08 05/09/08 Milestone
Ci of Miami Beach Review of Report 10 05/12/08 05/23/08
Issuance of Final Report 10 05/26/08 05/30/08
- , a: {
Part 2 Design Phase Services
2.1 En ineering and Landscape Desi 80 05/12/08 08/22/08
2.1.1 Engineerin Design 80 05/12/08 08/22/08
2.1.2 Landsca a/Hardscape Architectural Design 80 05/12/08 08/22/08
2.1.3 Lightin Design 80 05/12/08 08/22/08
2.1.4 Irrigation Desi 80 05/12/08 08/22/08
2.1.5 Si nage Design 80 05/12/08 08/22/08
2.1.6 Dune Fill Design 80 05/12/08 08/22/08
2.1.7 Dune Vegetation Restoration Design 80 05/12/08 08/22/08
2.2 Construction Drawings and Specifications 08/25/08 02/20/09
2.2.1 Preliminary Construction Drawings 08/25/08 10/24/08
2.2.2 Final Construction Drawings 10/27/08 02/20/09 Milestone
2.2.3 Technical S ecifications 10/27/08 02/20/09
2.2.4 Project Team Meetings 6 meetings Pending Pending
Part 3 Construction Phase Services Pending 02/23/09 Pending
3.1 Bidding and Contract Award 31 02/23/09 04/30/09 Milestone
Revised August 31, 2007 Page 1
Schedule "D"
Beachwalk II Project
Prniart SrhPdule
3.2 Construction Administration Pending 05/01/09 Pending
Part 4 Coastal Surveying Services 30 01/02/08 02/09/08
4.1 Coastal To ographic Survey 21 01/02/08 01/23/08
4.2 Vegetation Mapping 10 01/14/08 01/23/08
4.3 Final Base Map 14 01/24/08 02/07/08 Milestone
Part 5 Basic Permitting Services 10/25/08 02/20/09
5.1 City of Miami Beach Permits 10/25/08 02/20/09 Milestone
Part 6 S ecial Coastal Permitting Services
6.1 Coastal Engineering Services
6.1.1 Coastal Im act Analysis 20 06/09/08 07/04/08
6.1.2 Coastal Impact Report 10 07/07/08 07/18/08 Milestone
6.2 Coastal Permitting Services Pending Pending Pending
6.2.1 Conceptual Design Review and DEP Pre-
Application Meeting 10 02/18/08 02/29/08
6.2.2 Grants of Pe etual Easement 60 03/17/08 05/30/08
6.2.3 DEP CCCL Permit Application 15 04/21/08 05/09/08 Milestone
6.2.4 DEP and FWC Marine Turtle (Lighting)
Review 06/30/08 01/23/09
6.2.5 DEP Division of State Lands Consent of Use
Application (if necessary) 10 06/09/08 06/30/08
6.2.6 DEP Division of State Lands Consent
Processing (if necessary) 40 07/01/08 01/23/09
6.2.7 DEP Permit Processing
DEP Issuance of 1st Request for Additional
Information (RAI) 05/06/08 06/09/08
Res onse to DEP 1st RAI 16 06/09/08 06/30/08
DEP Issuance of 2nd RAI 20 07/01/08 07/30/08
Response to DEP 2nd RAI 20 07/31/08 08/28/08
DEP Issuance of 3rd RAI 20 08/29/08 09/29/08
Res onse to DEP 3rd RAI 18 09/30/08 10/24/08
DEP CCCL Permit Issuance 10/25/08 01/23/09 Milestone
6.2.8 DEP Final Notice to Proceed 20 01/26/09 02/20/09
6.2.9 Additional DEP Meetings 2 meetings Unknown Unknown
6.2.10 Pre-Construction and Final Inspection
Meetings: Pending Pending Pending
Pre-Construction Meeting 1 04/02/09 05/01/09 Milestone
Final Inspection Meeting 1 Pending Pending Milestone
Project Completion 1 Pending Pending Milestone
Revised August 31, 2007 Page 2