HomeMy WebLinkAbout2001-24280 RESO Incomplete
RESOLUTION NO. 2001-24280
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH THE FIRM OF CURTIS AND ROGERS DESIGN
STUDIO, INC., IN THE AMOUNT OF $158,275, COMPRISED
OF $20,000 FOR PLANNING AND PROGRAMMING, $90,775,
FOR BASIC SERVICES, AND $47,500 FOR REIMBURSABLE
EXPENSES, AS THE TOP RANKED PROPOSER PURSUANT
TO PROJECT No. 7 OF RFQ No. 41-99/00 TO PROVIDE
ARCHITECTURAL, ENGINEERING, AND LANDSCAPE
ARCHITECTURAL SERVICES FOR THE DESIGN,
CONSTRUCTION DOCUMENTATION, CONSTRUCTION
ADMINISTRATION, AND TO DEVELOP SPECIFICATIONS
FOR THE MIAMI BEACH BOTANICAL GARDEN
RENOVATION PROJECT; AND APPROPRIATING FUNDS
IN THE SAME AMOUNT FROM THE SERIES 2000
GENERAL OBLIGATION BOND, BOTANICAL GARDEN
FUND NO. 374, FOR PAYMENT OF FEES FOR SUCH
SERVICES AND PROJECT REIMBURSABLE EXPENSES.
WHEREAS, on January 12,2000, the Mayor and City Commission adopted Resolution No.
2000-23447 approving the issuance of Request For Qualifications (RFQ) No. 41-99/00 for
Architectural, Engineering, Landscape Architectural, and Graphic Design Services for Various City
Projects in Accordance with the November 2, 1999 General Obligation (GO) Bond Project List; and
WHEREAS, five (5) firms submitted proposals detailing their qualifications for Project No.
7 ofthe RFQ, regarding the Miami Beach Botanical Garden Renovation Project (the Project), and
an Evaluation Committee established by the Administration to review and rank the proposals, met
on March 24, 2000, and April II , 2000, and reviewed the qualifications of the firms that submitted
proposals;
WHEREAS, Curtis and Rogers Design Studio, Inc., was selected and recommended to the
City Manager as best-qualified to undertake the Project; and
WHEREAS, the Administration received authorization under Resolution No. 2000-23930,
adopted on May 24, 2000, to enter into negotiations with Curtis and Rogers Design Studio, Inc. to
refine the scope of work, and to negotiate the fees to be paid for the work; with funding available
for the Project from the 1999 $92 Million General Obligation Bond; and
WHEREAS, the new improvements will propose the implementation of the program
components identified in the Miami Beach Garden Center Master Plan, which was developed with
the participation of City staff, the Miami Beach Garden Conservancy group, and the community at
large; and
WHEREAS, the Administration now requests approval of an Agreement between the City
and Curtis and Rogers Design Studio, Inc., in the amount of$158,275, comprised of $20,000 for
Planning and Programming, $90,775 for Basic Services, and $47,500 for Reimbursable Expenses,
to provide professional architectural, landscape architectural and engineering services to prepare
design drawings, construction documents and specifications for the proposed Project.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission approve and authorize the Mayor and City Clerk to execute an Agreement between the
City and Curtis and Rogers Design Studio, Inc., in the amount of$158,275, comprised of $20,000
for Planning and Programming; $90,775, for Basic Services; and $47,500 for Reimbursable
Expenses, as the top ranked proposer pursuant to Project No.7 of RFQ No. 41-99/00 to provide
Architectural, Engineering, and Landscape Architectural Services for the design, construction
documentation, construction administration, and to develop specifications for the Miami Beach
Botanical Garden Renovation Project; and appropriating funds in the same amount from the series
2000 General Obligation Bond, Botanical Garden Fund No. 374, for payment of fees for such
services and Project Reimbursable Expenses.
PASSED AND ADOPTED this 21st day of F~b. ,2001.
#kAYOR
ATTEST:
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CITY CLERK
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APPROVE1) AS TO
FORM & LANGUAGE
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CITY OF MIAMI BEACH
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COMMISSION MEMORANDUM NO.
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TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: February 21, 2001
SUBJECT:
Jorge M. Gonzalez \ .J..~
City Manager 01/"'- (j
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE FIRM OF CURTIS AND ROGERS
DESIGN STUDIO, INC., IN THE AMOUNT OF $158,275, COMPRISED OF
$20,000 FOR PLANNING AND PROGRAMMING, $90,775, FOR BASIC
SERVICES, AND $47,500 FOR REIMBURSABLE EXPENSES, PURSUANT
TO RFQ No. 41-99/00 TO PROVIDE ARCHITECTURAL, ENGINEERING,
AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE DESIGN,
CONSTRUCTION DOCUMENTATION, CONSTRUCTION
ADMINISTRATION, AND TO DEVELOP SPECIFICATIONS FOR THE
BOTANICAL GARDEN PROJECT; AND APPROPRIATING FUNDS IN
THE SAME AMOUNT FROM THE SERIES 2000 GENERAL OBLIGATION
BOND, BOTANICAL GARDEN FUND NO. 374, FOR PAYMENT OF FEES
FOR SUCH SERVICES AND PROJECT REIMBURSABLE EXPENSES.
FROM:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funding for this project is available from the $92 Million General Obligation (G.O.) Bond Fund.
$158,275 from the Series 2000 General Obligation Bond Fund No.374.
ANALYSIS:
Pursuant to a Resolution adopted by the Mayor and City Commission on January 12,2000. The
Administration issued Request for Qualifications (RFQ) No. 41-99/00 dated January 20, 2000, for
Architectural, Engineering, and Landscape Architectural services to develop design, and
construction documents for the Botanical Garden project.
AGENDA ITEM _R , F
DATE Q-a 1-0\
Administration issued Request for Qualifications (RFQ) No. 41-99/00 dated January 20, 2000, for
Architectural, Engineering, and Landscape Architectural services to develop design, and
construction documents for the Botanical Garden project.
On March 1,2000, the RFQ was opened. In Letter to Commission (LTC) No. 41-2000, dated March
22, 2000, the Administration established an evaluation committee to review and rank the proposals
received, and make a recommendation to the City Manager.
On March 24, 2000, the committee met to review all the responses and short listed the following four
(4) responsive firms:
. Curtis and Rogers Design Studio, Inc.
. Daphne 1. Gurri Architecture
. Judson and Partners, Inc.
. Swanke Hayden Connell Architects.
On April 11, 2000, the four (4) firms made oral presentations. The committee evaluated and ranked
the firms based on the criteria identified in the RFQ.
Curtis and Rogers Design Studio, Inc., was selected as the top-ranked firm. The evaluation
committee issued the recommendation to the City Manager, who reviewed and concurred with the
decision.
On May 24, 2000, the Commission adopted a Resolution accepting the ranking recommended by the
evaluation committee and authorizing the Administration to enter into negotiations with the top-
ranked firm.
The new improvements will propose the implementation of the program components identified in
the Miami Beach Garden Center Master Plan which was developed with the participation of City
staff, the Miami Beach Garden Conservancy, and the community at large.
Pursuant to a request from the Miami Beach Garden Conservancy, the Administration placed on
hold, the contract negotiations started in July 2000 with the recommended firm, Curtis and Rogers
Design Studio, Inc. The Miami Beach Garden Conservancy members envisioned a larger program
than that originally conceived in the current Master Plan. As a result, they requested more time to
investigate additional funding sources to complement the $1.5 Million G.O. Bond. Meanwhile, the
Administration sought a legal opinion regarding whether the facility could continue to be managed
by the Miami Beach Garden Conservancy group, while the new improvements are being funded by
the General Obligation Bonds. The City Attorney's staff determined that future agreement between
the City and the Miami Beach Garden Conservancy, regarding the management of the facility, will
not be jeopardized.
Following a series of meetings with the Miami Beach Garden Conservancy, the Administration
resumed and favorably concluded on February 13,2001, the contract negotiations with Curtis and
Rogers Design Studio, Inc.
The following table illustrates the result of such negotiations for the provision of professional
services by the consultant, including: planning and programming, design, construction
documentation, specifications, and construction administration for the Botanical Garden Project:
. Revisions to Master Plan
. Basic Services
. Reimbursable expenses
TOTAL
$20,000
$90,775
$47.500
$158,275
Basic Services include but are not limited to the following tasks: schematic design, design
development, construction documents, specifications, bid coordination, construction and warranty
administration.
The following table is a the project funding distribution:
Total Project Budget $1,500,000
Public Works Construction Management@ 3% $ 45,000
Program Management @ 5% $ 75,000
Art in Public Places Contingency $ 4,031
Reimbursable $ 47,500
Subtotal 1 $1,328,469
Revisions to Master Plan $ 20,000
Subtotal 2 $1,308,469
Less projected A&E fees $ 98,135
Construction Budget $1,210,334
A&E Fees @7.5% $ 90,775
Total for Revised Master Plan & Basic Services Fees $110,775.
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The reimbursable expense amount is a "not to exceed sum". It includes: boundary survey, geo-
technical testing, reproduction and miscellaneous expenses, an allowance for HPIDRB labeling and
mailing, DERM fees, topographic, and horticultural surveys, and signage consultant. The consultant
must submit proposals to the City for approval before services are rendered for items such as
surveys, geo-technical testing, renderings, and signage consultant. Expenses will be reimbursed at
actual cost. The estimated construction cost is $1,210,334.
:~;:;;~s. the adoption of the Resolution.
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Attachments
AGREEMENTBETWCEN
CITY OF MIAMI BEACH
AND
CURTIS AND ROGERS DESIGN STUDlO,INC
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE
MIAMI BEACH BOTANICAL GARDEN RESTORATION
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PROJECT
ARTICLE 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.8.1
1.8.2
1.8.3
1.9.1
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
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ARTICLE 2.
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
T ABLE OF CONTENTS
PAGE
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
City....... ... .,. . . . ... . . '" . . .. . . ........ . ... .. ... . . .. . ... .. ... . 1
City Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
City Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Proposal Documents ............................................... 3
Consultant ....................................................... 4
City's Project Coordinator ........................................... 4
Basic Services .................................................... 4
The Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Project Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Statement of Probable Cost .......................................... 4
The Project Scope ................................................. 4
Construction Cost Budget (Also, Construction Cost) ...................... 5
Force Majeure .................................................... 5
Contractor ...................................................:... 5
Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contract for Construction ........................................... 5
Construction Documents ............................................ 5
Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Additional Services ................................................ 6
Work ........................................................... 6
Services ......................................................... 6
Base Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Upset Limit ...................................................... 7
BASIC SERVICES ................................................7
Schematic Design Phase ............................................ 7
Design Development Phase ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Construction Document Phase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bidding or Negotiation Phase ...................................... 11
Construction Phase, Observation and Administration of the Const. Contract. . . 11
Responsibility for Claims and Liabilities .............................. 14
Additional Field Representation ..................................... 14
Additional Services ............................................... 15
Time . .. . . .. .. . . . .. . . . .. .. .. . . . .. . . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . 17
ARTICLE 3. THE CITY'S RESPONSIBILITIES .................................. 17
ARTICLE 4.
4.1
4.2
CONSTRUCTION COST .... . . .. . .. . . .. .. . .. . .. . .. .. . . .. . . .. . .. .. . 18
Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Responsibility for Construction Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4.2 Responsibility for Construction Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 5. DIRECT PERSONNEL EXPENSE .................................. .19
ARTICLE 6. REIMBURSABLE EXPENSES ..................................... 19
ARTICLE 7.
7.1
7.2
7.3
PAYMENTS TO THE CONSULTANT.. . .. . , . .. . .. .. . .. .. . .. . .. . .. . .20
Payments on Account of Basic Services ...,........................... 20
Payment on Account of Additional Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Project Suspension or Termination ....,.,....,.......,........,......20
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS......................... 21
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS ..........................21
ARTICLE 10. TERMINATION OF AGREEMENT................................. 22
10.1 Default and Right to Terminate. . . . . . . . . . . . .. . . . . . . . , .. . . . . . . " ........
10.2 Termination for Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
10.3 Termination for Convenience ............,..........................22
lOA Termination by Consultant. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .23
10.5 Implementation of Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10.6 Non-Solicitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE 11. MISCELLANEOUS PROVISIONS ..................................24
ARTICLE 12. EXTENT OF AGREEMENT .......................................24
ARTICLE 13. BASIS OF COM~ENSATION ...................................... 24
13.1 Compensation for Services ..............................,..........24
ARTICLE 14. INSURANCE.................................................... 25
ARTICLE 15. INDEMNIFICATION ...................................,......... 26
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;~;.. ; ARTICLE 16. VENUE ........................................................ 26
ARTICLE 17. LIMITATION OF LIABILITY ...................................... 27
ARTICLE 18. ADDITIONAL CONDITIONS ......................................28
ARTICLE 19. NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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SCHEDULES
SCHEDULE "A" - Consultant Scope of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SCHEDULE "B" - Consultant Compensation ....................................33
SCHEDULE "C" - Subcontract Hourly Compensation Rates ........................ 34
SCHEDULE "D" - Project Schedule ........................................... 35
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
CURTIS & ROGERS DESIGN STUDIO, INC.
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This Agreement made and entered into this _ day of ,2001, by and
between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State
of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, and CURTIS & ROGERS DESIGN STUDIO, INC., whose address
is 2982 Grand Avenue, Suite 30 I, Coconut Grove, Florida 33133 (hereinafter referred to as
Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a Project within the City of Miami Beach, which
is more particularly described in Schedule" A", attached hereto, and wishes to engage the Consultant
to provide architectural and/or engineering services for the Project at the agreed fees as set forth in
this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, engineering and related professional services relative to the Project, as hereinafter set
forth, including: studies, normal planning and progranuning as necessary, design, preparation of
construction documents and construction administration services, all as hereinafter stipulated.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
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i: .. : 1.1 CITY The "City" or "Owner" shall mean the City of Miami Beach, a Florida
municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida 33139. The City, as a governmental entity, is subject to the availability of funds and
appropriation of funds by its legislative body and other governmental authorities or sources of
revenue, in an amount to allow continuationof its performance under this Agreement. In the event
of lack of funding for this Agreement or this project, this Agreement may be terminated by the City
pursuant to the procedures set forth in Article 10.
1.2 CITY COMMISSION "City Commission" shall mean the governing and legislative
body of the City. The City Commission shall be the final authority to do or to approve the following
actions or conduct by passage of an enabling resolution or amendment to this Agreement.
1.2.1 The City Commission shall be the body to consider, comment upon, or approve of
any amendments or modifications to this Agreement.
1.2.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts
made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the
majority of the stock of a corporate Consultant.
1.2.3 All City Commission approvals and authorizations shall be expressed by passage of
an appropriate enabling resolution and, if appropriate or required, by the execution of an appropriate
amendment to this Agreement.
1.2.4 The City Commission shall review, approve, disapprove or otherwise comment upon
the Consultant's Design and Construction Documents after they are submitted to the City by the
Consultant.
1.2.5 The City Commission shall hear appeals from the administrative decision of the City
Manager upon the Consultant's written request, in which case the Commission's decision shall be
final.
1.2.6 The City Commission shall approve or consider all change orders which exceed the
sum 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).
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1.3 CITY MANAGER The "City Manager" shall mean the chief administrative officer
of the City. The City Manager shall be construed to include any duly authorized designees,
including a Project Coordinator, and shall serve as the City's representative to whom administrative
requests for approvals shall be made and who shall issue authorizations (exclusive of those
authorizations reserved to the City Commission) to the Consultant. These authorizations shall
include, without limitation: reviewing, approving, or otherwise commenting upon the designs,
drawings, schedules, plans, reports, estimates, contracts and other documents submitted to the City
by the Consultant.
1.3.1 The City Manager shall decide, in his professional discretion, matters arising pursuant
to this Agreement, which are not otherwise expressly provided for in this Agreement, and he shall
attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of
the Consultant's work.
1.3.2 The City Manager shall additionally be authorized but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the Consultant; provided,
however, that he cannot increase the Consultant's compensation or other blldgets established by this
Agreement without the prior approval or the City Commission. The City Manager, in his
administrative discretion, may consult with the City Commission concerning disputes or matters
arising under this Agreement regardless of whether such matters or disputes are enumerated herein.
The City Manager shall additionally be the sole representative of the City authorized to issue
a Notice to Proceed as referenced in Article 2 herein.
1.3.3 The City Manager may approve change orders 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.
1.3.4 The City Manager may, in his sole discretion, form a committee or committees, or
inquire of or consult with persons for the purpose of receiving advice and recommendations relating
to the exercise of his powers, duties and responsibilities under this Agreement.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the:
Request For Qualifications (RFQ) No. 41-99/00, and specifically Project No.7 therein, entitled
"Miami Beach Botanical Garden Restoration" issued by the City in contemplation of this
Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response
thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof;
provided, however, that in the event of an express conflict between the Proposal and this Agreement,
this Agreement shall prevail.
1.5 CONSULTANT The "Consultant" is herein defined as Curtis & Rogers Design
Studio, Inc., whose address is 2982 Grand Avenue, Suite 301, Coconut Grove, Florida 33133
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1.5.1 All architects required by the needs of this Project shall be duly licensed and admitted
to practice architecture in this State pursuant to Chapter 481, Florida Statutes, and additionally
possessing the requisite occupational licenses from the City and the County. All engineers required
by the needs of this Project shall be duly licensed and certified by the State of Florida to engage in
the practice of engineering in this State. All special inspectors, if any, required by the needs of this
Project shall be duly certified, licensed and registered under Chapter 471, Florida Statutes, as an
engineer, or under Chapter 481, as an architect, and shall additionally possess the requisite
occupational license from the City and the County.
1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of any sub-
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consultants, and any other person or entity acting under the direction or control of the Consultant.
When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-
consultants and any other person or entity acting under the direction or control of Consultant. Any
sub-consultants retained by Consultant pursuant to this Agreement and the Project, shall be subject
to the prior written approval of the City.
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator" shall mean
the individual appointed by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review, on behalf of the City, all matters related to the Project, except as
otherwise provided herein.
1.7 BASIC SERVICES "Basic Services" shall include the professional services of
architectural, structural, mechanical and electrical services, as required, for the design, preparation
of contract documents and administration of the Construction Contract for the Project hereunder.
Surveys, and soil tests will be included as reimbursable items.
1.8 THE PROJECT That City Capital Project which has been approved by the City
Commission described as follows: Complete renovation of the Botanical Garden grounds, buildings,
patio space and loggia areas, taking into consideration the existing master plan. Improvements are
to include replacement of existing conservatory, reconfiguration of indoor and outdoor spaces,
creation of a performing arts stage and seating area compatible with the botanical garden, additional
botanically diverse landscaping, irrigation, pedestrian walkways, site furnishings and building
improvements, including bringing all aspects of the facility into compliance with ADA requirements.
1.8.1 PROJECT COST The "Project Cost", as established by the City, shall mean the
total cost of the Project to the City including construction cost, professional compensation,land cost,
if any, financing cost, materials testing services, surveys, and other miscellaneous City costs.
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1.8.2 STATEMENT OF PROBABLE COST The Project will require a cost forecast
prepared by the Consultant during the Design Development and Construction Document Phases for
the guidance of the City, to be submitted prior to bidding. Should Construction Cost proposals
exceed the final Statement of Probable Cost by more than 5%, the Consultant agrees to perform all
modifications to plans and specifications at no cost to the City to lower the cost of the Project to
permit reissuance of the construction bid proposal.
1.8.3 PROJECT SCOPE The City shall establish the Scope of Services for the Project
to be provided to the Consultant prior to the start of the Project. This document is attached hereto
and incorporated herein as a Schedule to this Agreement.
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1.9 CONSTRUCTION COST BUDGET (ALSO, CONSTRUCTION COST) The
"Construction Budget", or "Construction Cost", for the Project shall mean a sum which is the total
cost to the City of all elements of the Project designed or specified by the Consultant and approved
by the City, including, at current market rate (with a reasonable allowance for overhead and profit),
the cost of labor and materials and any equipment which has been designed, specified, selected or
specifically provided for by the Consultant and approved by the City, and including a contingency
allowance for unforeseen conditions, not to exceed ten percent (l 0%) of the Construction Cost, and
not including the compensation of the Consultant and any sub-consultants, rights-of-way, the cost
of land, and surveys.
As established by the City, shall not be exceeded without fully justifiable, extraordinary and
unforeseen circumstances, such as force majeure, which is beyond the control of the parties. Any
expenditure above this amount shall be subject to prior City Commission approval by passage of an
enabling resolution and amendments to the appropriate agreements relative to the Project prior to
any modification of the construction costs due to force majeure. Provided further, however, that even
in the event of a force majeure as defined in Article 1.10, the City shall have no obligation to exceed
the Construction Cost Budget limitations established herein, and, if such budget is exceeded, the City
may, at its sole option and discretion, terminate this Agreement without any further liability to the
City.
1.10 FORCE MAJEURE "Force Majeure" shall mean any delay occasioned by superior
or irresistible force occasioned by violence in nature without the interference of human agency such
as hurricanes, tornados, flood and loss caused by fire and other similar unavoidable casualties.
Changes in federal, state or local laws, ordinances, codes or regulations, enacted after the date of this
Agreement and having a substantial impact on the Project, or other causes beyond the parties control
or by any other such causes which the Consultant and the City decide in writing justifY the delay.
Provided, however, that market conditions, labor conditions, construction industry price trends and
similar matters which normally impact on the bidding process shall not be considered a Force
Majeure.
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1.11 CONTRACTOR "Contractor" or "Contractors" shall mean those persons or entities
responsible for performing the construction work or providing the materials, supplies and equipment
identified in the bid and contract documents for the Project.
1.12 CONTRACT DOCUMENTS "Contract Documents" shall mean this Agreement;
the Agreement between City and Contractor; Conditions of the Contract (General Supplementary
and other Conditions); Construction Documents; and addenda issued prior to execution of the
Contract for Construction. A modification to the Contract Documents shall mean one of the
following: (1) written amendment to the Contract for Construction signed by both parties; (2) an
approved Change Order, (3) a Construction Change Directive; or (4) a written order for a minor
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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 2.5.1 through 2.5.4 and approved by the City.
1.15 CHANGE ORDER "Change Order" shall mean the written order to the Project
Manager approved by the City, as specified in this Agreement, and signed by the City's duly
authorized representative, authorizing a change in the Project or the method and manner of
performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Change
Orders 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 Purchasing
Ordinance, as amended). Even for Change Orders 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 Change Order.
1.16 ADDITIONAL SERVICES "Additional Services" shall mean those services
described in Article 2.10 herein, which have been duly authorized in writing by the City prior to
commencement of same
1.17 WORK "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Contract Documents, whether completed or partially
completed, and includes labor and materials, equipment, and services provided, or to be provided,
by the Contractor to fulfill its obligations.
1.18 SERVICES "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, pursuant to the applicable contract documents, 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.
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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 within the Construction
Cost Budget pursuant to the Statement of Probable 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
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Agreement and referred to as follows:
Schedule A -- Scope of Services.
Schedule B -- The Schedule of compensation to the Consultant for Basic Services, and for
Reimbursable Expenses, plus any Additional Services, as submitted by the Consultant and
approved by the City.
Schedule C -- The Schedule of compensation to the Consultant (and to sub-consultants) for
Additional Services, as submitted by the Consultant and approved by the City.
Schedule D -- Proposed Project Schedule.
1.21 UPSET LIMIT "Upset Limit" as to any Service Order shall mean the maximum
cumulative fee allowable under the Service Order, which the Consultant shall not exceed without
specific written authorization. The Upset Limit is not a guaranteed maximum cost for the scope of
work set forth in the Service Order.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the project as set forth hereafter. The
work for this Project will be performed by the Consultant upon receipt of a written Notice to Proceed
issued by the City Manager. Following the issuance of a Notice to Proceed, Service Orders, shall be
issued for Basic Services. The Service Order shall contain a description of the work required (Scope
of Work); an agreed lump sum fee, Reimbursable Expenses, the construction budget for the Project,
and start and completion date for the Project. Consultant shall countersign the Service Order. Any
additional work for this Project will be performed by the Consultant upon receipt of a written
"Amended Scope of Work" issued by the City Manager. The" Amended Scope of Work" shall
contain a description of the type of services required; contain either an agreed lump sum fee or an
hourly fee, as provided in Schedules B and C, with an Upset Limit for the services, and
Reimbursable Expenses; the additional construction cost budget allocation required for the additional
work; an amended completion date for the Project (if any); and a description of the type of services
to be provided.
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2.2 The Consultant's Basic Services shall consist ofthe six phases described in Articles
2.3 through 2.7 and include normal planning, programming, architectural, structural, civil,
mechanical, electrical, historic preservation, scheduling, surveying, fixture, furniture, equipment
and signage selection as required.
2.3 SCHEMATIC DESIGN PHASE
The Consultant shall confer with representatives of the City to ascertain the requirements of the
Project and shall review and confirm the understanding of these requirements and other design
parameters with the City.
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2.3.1 The Consultant shall provide a preliminary evaluation of the Project scope, schedule
and Project budget requirements, each in terms of the other. The City and the Consultant shall
ensure reasonable public participation in the planning, and programming process of the Project, as
required and determined by the City in its sole discretion. Public involvement shall be attained
through a number of public presentations and workshops to be attended by the Consultant, said
number as required and determined necessary by the City, in its sole discretion.
2.3.2 The Consultant shall review with the City, alternative approaches to design and
construction of the Project.
2.3.3 After approval of the Project program by the City, the Consultant shall prepare,
Schematic Design Documents consisting of drawings, site and floor plans, elevations, samples as
required to show the scale and relationship of the components and the design concept as a whole.
Floor plans may be single line diagrams; window locations are not required. A simple rendering,
sketch, model, or photograph thereof may be provided to further show the design concept.
2.3.4 The Consultant shall submit a preliminary estimate of Construction Cost. The
preliminary estimate of Construction Cost shall include a summary of the estimated cost of all the
various components of the Project, including site preparation; building (if any); landscaping;
irrigation; fixed equipment; construction contingency allowance; movable equipment (if any); utility
service extensions; comprising a brief description of the basis for such estimated costs, with costs
adjusted to the projected bid date, and a preliminary evaluation of the building(s) program (if any);
and allocated construction funds in terms of each other.
2.3.5 Consultant shall also be specifically responsible for the following in connection with
the Schematic Design Phase:
1. Participate in a number of community and public involvement meetings, as determined and
coordinated by the City, and as deemed necessary by the City, in its discretion, to present Conceptual
Design and address public concerns and issues as they relate to the Project's programming and
planning process, as prepared by the Consultant and approved by the City.
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3.
Prepare the Schematic Design Documents
Present the Schematic Design Documents to the City for comments and approval.
4. Coordinate with other sub-Consultants if required, for conformity with applicable building
codes, regulations and budgets as necessary.
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2.4 DESIGN DEVELOPMENT PHASE
2.4.1 Based on the approved Schematic Design documents and any adjustments authorized
by the City, the Consultant shall prepare, for approval by the City, Design Development Documents
consisting of drawings, outline specifications and other documents to fix and describe the size and
character of the Project in terms of architectural, structural (if any), and electrical systems (if any),
and construction finish materials, and such other elements, as may be appropriate.
2.4.2 The Consultant shall review with the City (including if requested by the City
Manager, review by a committee or committees), alternative approaches to design and construction
of the Project.
2.4.3 The Consultant shall advise the City of any adjustments to the estimated Construction
Cost Budget. If the adjustments exceed the total allocated funds for the project, the appropriate cost
or scope reduction recommendations must be included at the Consultant's expense.
2.4.4 Consultant will also be specifically responsible for the following in connection with
this Design Development Phase:
1. Prepare Design Development drawings, based on the approved Schematic Design, as
necessary to fix and describe the size and character ofthe overall Project as to basic architectural,
structural (if any), mechanical (if any), and electrical systems (if any), materials and such other
elements as may be appropriate.
2. Coordinate with sub-consultants, as required, for conformity with applicable building codes
and regulation, as necessary.
3. Respond to the City's request for design adjustments based on cost estimates during this
Phase.
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4. Participate in a number of presentations, as determined and coordinated by the City, at its
discretion, as required for review and approval from regulatory bodies, and as also deemed necessary
by the City in its discretion, for community and public involvement. This shall include meeting with
the staff of the City's Planning Department to determine whether the Project will require and, if so,
assist City in obtaining, Design Review and Historic Preservation Board approval(s).
2.5 CONSTRUCTION DOCUMENT PHASE.
2.5.1 Based on the approved Design Development documents, the Consultant shall prepare
for approval by the City, five (5) copies of the Construction Documents. In addition, a set of the
documents shall be in the form of reproducible mylar for bidding purposes. Consultant shall also
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file with the Project Coordinator, at the same time, the following items: (A) Five (5) copies of the
Statement of Probable Cost; (b) five (5) unbound copies of the proposed advertisement for bids; I(;)
five (5) unbound copies of the bid proposal; and (d) three (3) copies ofa final maintenance impact
report (if applicable). All final Construction Documents shall be provided in disk format in Auto
Cad (latest version).
Consultant shall provide City with three (3) sets of Construction Documents at approximately
eighty percent (80%) completion, approximately thirty (30) days prior to the date for delivery ofthe
five (5) copies of one hundred percent (100%) complete Construction Documents, for review and
comment by the City's Engineering, Parks, Property Maintenance, Public Works, Parking and
Building Departments. Should additional sets be required, the Consultant will be reimbursed for the
actual cost of reproduction, to be approved by the City as a Reimbursable Expense.
2.5.2 Construction Documents will be prepared, signed and sealed by licensed and certified
design professionals. The Construction Documents shall call for a construction period as approved
by the City Manager. The entire Project will be publicly bid with a Base Bid and such Additive
and/or Deductive Alternates as may be requested by City, to reasonably insure that the award will
be within the Construction Cost Budget. Additionally, if Construction Cost proposals exceed the
final Statement of Probable Cost by more than five percent (5%), the Consultant shall perform any
and all work, as part of its Basic Services, at no additional cost to the City, to lower the cost of the
Project and to permit reissuance of the construction bid proposal.
2.5.3 The Construction Documents shall set forth in detail the requirements for construction
of the Project, including all the contractual, code (laws, rules and regulations), and technical
specifications and requirements under which the Work is to be conducted.
In addition to complying with all applicable codes, the Project shall comply with, and the
Construction Documents shall fully set forth any requirements, as necessary, with all applicable
provisions of the Florida Accessibility Code (Section 555.3.501-553. 513 Florida Statutes (as
amended) and the American with Disabilities Act accessibility guidelines (ADAAG), both separately
and jointly.
,~; , 2.5.4 Performance of all prerequisites for obtaining the necessary approvals and permits
shall be the sole responsibility of the Consultant. Prior to the advertisement for bids, Consultant
shall also assist the City in obtaining all necessary local, State and Federal Permits, as may be
required for construction ofthe Project.
2.5.5 The Consultant expressly agrees that all of its duties, services and responsibilities
under this Agreement shall be performed in accordance with the standard of care normally exercised
in the design of projects of this nature in South Florida. "Standard of Care" includes an examination
and analysis of visible site field conditions prior to initiating Project design.
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2.6 BIDDING OR NEGOTIATION PHASE
2.6.1 The Consultant, following the City's approval ofthe Construction Documents and
of the Statement of Probable Cost, shall assist the City in obtaining responsive lump sum bids with
or without the Additive and/or Deductive Alternatives; assist the City in the evaluation of bids
leading up to award; and advise the City in the preparation of the Contract for Construction.
2.6.2 Consultant shall be required to tabulate all bids received. Within three (3) working
days thereafter, the Consultant shall submit in writing to the City's Project Coordinator, its
recommendations for the award or rejection of the Construction Contract, together with (2) sets of
bid tabulations to be reviewed by the City.
2.7 CONSTRUCTION PHASE, CONSTRUCTION OBSERVATION AND
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.7.1 The Construction Phase will commence with the award of the Contract for
Construction and will terminate when final payment to the Contractor is due, or, in the absence of
a final Certificate for Payment or of such due date, sixty (60) days after the date of Substantial
Completion ofthe Work or sixty (60) days after the completion date specified in the Contract for
Construction at the time of the award, whichever occurs later. The City's Project Coordinator will
be the City's representative on the Project construction site, but the presence of this Coordinator
shall in no way diminish any of the Consultant's duties and obligations, as described in this
Agreement.
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Any and aU changes which would result in an increase of compensation to the Consultant
must be approved by the City Commission; or by the City Manager, if such change is less than
twenty five thousand dollars($25,000). The City's Project Coordinator shall be considered to be on
the Project site for the benefit and protection of the City. The Consultant shall have no right to rely
on the Project Coordinator for assurances or advice regarding work which is the responsibility ofthe
Consultant. The Consultant and the City's Project Coordinator will hold regular construction
progress meetings, on or off site, at least a twice monthly between themselves, the Contractor and
the various subcontractors, as appropriate. The location ofthe meetings will be determined by the
City's Project Coordinator. The Consultant shall be responsible for taking the meeting minutes and
will keep accurate records of same.
2.7.2 The Consultant shall provide administration of the Construction Contract as set forth
in Paragraphs 2.7.3 through 2.7.19, or in the General or Supplemental Conditions of the Contract
for Construction, and the Consultant's assigned authority thereunder shall not be modified without
the Consultant's written consent.
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2.7.3 The Consultant shall advise and consult with the City, and keep it informed of the
progress of the Work, including percentage completed on a monthly basis, during the Construction
Phase. After issuance of the Notice to Proceed with the Work, all of the City's instructions to the
Contractors shall be issued through the Consultant's representative, with final approval by the City.
2.7.4 The Consultant shall visit the Project site at periodic intervals appropriate to the stage
of construction, or as may otherwise be requested by the City, to remain familiar with the progress
and quality of the Work and to determine if the Work is proceeding in accordance with the
Construction Contract. On the basis of such on-site inspections, the Consultant shall keep the City
informed of the progress and quality of the Work and shall endeavor to guard the City against defects
and deficiencies in the work of the Contractor. Upon discovery of any defects or deficiencies the
Consultant shall immediately notify the City's Project Coordinator.
2.7.5 The Consultant shall not have control of, or be in charge of, and shall not be
responsible for construction means, methods, techniques, sequences or procedures; or for safety
precautions and programs in connection with the Work; for the acts or omissions of the Contractor,
the Contractor's sub-contractors or any other persons performing any of the Work; or for failure of
any ofthem to carry out the Work in accordance with the Contract Documents.
2.7.6 The Consultant shall at all times have access to the Work whenever it is in
preparation or progress.
2.7.7 The Consultant shall determine the amounts owed to the Contractor based on
observations at the site and on evaluations of the Contractor's applications for payment and shall
issue Certificates for Payment in such amounts, as provided in the Contract Documents, subject to
the City's final approval.
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2.7.8 The issuance of a Certificate for Payment shall constitute a representation by the
Consultant to the City, based on the Consultant's visual observations at the site, pursuant to Article
2.7.4, and on the data comprising the Contractor's application for payment that, to the best of the
Consultant's knowledge, information and belief, the Work has progressed to the point indicated; that,
based on the Consultant's observation of the Work, the quality of the Work is in accordance with the
Contract Documents, subject to an evaluation of the Work for conformance with the Contract
Documents upon substantial completion; to the results of any subsequent tests required by or
performed under the Contract Documents; to minor deviations from the Contract Documents
correctable prior to completion; and to any specific qualifications stated in the Certificate for
Payment; and that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Consultant has made any
examination to ascertain how and for what purpose the Contractor has used the monies paid on
account of the contract sum.
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2.7.9 The Consultant shall be the interpreter of the requirements of the Contract
Documents. The Consultant shall render interpretations necessary for the proper execution of the
progress ofthe Work with reasonable promptness on written decisions, within twenty (10) days on
all claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work or the interpretation of the Contract Documents. All actions
required by Consultant under this Paragraph shall be taken expeditiously.
2.7.10 Interpretations and decisions of the Consultant shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents and shall be in written or graphic form.
2.7.11 The Consultant shall, after discussion with the Project Coordinator, have authority
to reject Work which does not conform to the Contract Documents. Subject to the City's approval,
the Consultant will have authority to require special inspection or testing of the Work when it is
necessary or advisable (in the Consultant's opinion) for the implementation of the intent of the
Contract Documents, whether or not such Work be then fabricated, installed or completed.
2.7.12 The Consultant shall review and approve or take other appropriate action upon the
Contractor's submittals, including, but not limited to, shop drawings, product data, samples and other
submissions of the Contractor, for conformance with the design concept of the Work and with the
information given in the Contract Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Consultant's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
2.7.13 The Consultant shall prepare change orders for the City's approval and execution in
accordance with the Contract Documents, and shall have authority to order minor changes in the
Work not involving an adjustment in the contract sum or an extension of the contract time which are
not inconsistent with the intent of the Contract Documents. Meeting notes documenting all minor
changes shall be presented in writing to the Project Coordinator after each meeting.
2.7.14 The extent of the duties, responsibilities and limitations of authority of the Consultant
as the City's architect for the Project during the Construction Phase, shall not be modified or
extended without written consent of the Consultant and the City Manager.
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2.7.15 The City shall furnish, in a timely marmer, structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the Contract Documents.
2.7.16 The Consultant shall prepare a set of reproducible record drawings showing the
completed Project as it is finally built (i.e., "as built" drawings) from information collected by the
Consultant from the Contractor(s). These shall be similar in scale and scope to the Contract
Document drawings but shall include all occurrences and instances where the finished building
differs from the Contract Document drawings as a result of duly approved changes made during
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construction of the Project. Such drawings, accompanied by 3 computer disks in Microsoft
Windows format, containing AutoCAD (latest version) format files containing the same information,
are to be submitted to the Project Coordinator within thirty (30) days of submission of the final
Certificate for Payment for the Project.
2.7.17 Consultant shall conduct inspections to determine the dates of Substantial and Final
Completion and shall issue a final Certificate for Payment to the Contractor under the Contract
Documents. Consultant shall submit a report listing each of the product warranties available,
indicating their terms and conditions as indicated by the language in such warranties.
2.7.18 All communications relating to the day to day activities occurring at the construction
site or the Work performed shall be exchanged between the Consultant's Project Manager and the
City's Project Coordinator.
2.7.19 The Consultant shall also perform the following services in connection with the
Construction Phase:
1. Periodic review of construction progress.
2. Review and comment on mock -ups, material submission and shop drawings involving design
and aesthetic issues.
3. Assist in bulletins, clarifications and change orders affecting design.
4. Provide design clarification sketches, as needed.
The return time for the issuance of clarifications and the review of shop drawings shall not exceed
ten (10) calendar days.
2.8 RESPONSIBILITY FOR CLAIMS AND LIABILITIES
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2.8.1 Any City approval required herein shall not constitute a waiver of, nor be deemed a
release of the responsibility and liability of the Consultant, its employees, sub-consultants,
sub-contractors, and agents for the accuracy and competency of their respective designs, working
drawings, specifications or other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or other documents prepared by the Consultant, its employees,
sub-contractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely
upon the accuracy and validity of decisions and information furnished by the City and its employees.
2.9 ADDITIONAL FIELD REPRESENTATION Should the City and the Consultant
agree that more extensive representation at the site than is described in Article 2.7 is advisable, such
additional Project representation shall be provided and paid for as an Additional Service.
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2.10 ADDITIONAL SERVICES Unless specifically provided for in the Scope ofW ork,
the following services are not included as Basic Services. Any Additional Services must be
authorized in writing by either the City Commission or the City Manager in advance of their
performance, and may be paid for as a multiple of direct personnel expense, as outlined in Schedules
Band C. Additional Services may consist of the following:
2.10.1 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof, and to verify the accuracy of drawings or other information furnished by the City
in the event of an inconsistency or omission in the drawings.
2.10.2 Making investigations, surveys, valuations, inventories or detailed appraisals of
existing facilities, and services required solely in connection with construction performed by the
City.
2.10.3 Providing consultation concerning replacement of any Work damaged by fire or other
causes during construction, and furnishing services as may be required in connection \';ith the
replacement of such Work.
2.10.4 Providing services made necessary by the default of the Contractor, or by major
defects or deficiencies in the Work (provided Consultant promptly notified the City of any such
defects or deficiencies observed by Consultant), or by failure of performance of either the City or
Contractor under the Contract for Construction.
2.1 0.5 Providing Basic Services after issuance to the City of the final Certificate for
Payment, or in the absence of a final Certificate for Payment, more than sixty (60) days after the date
of substantial completion of the Work, or sixty (60) days after the completion date set forth in the
Construction Contract, whichever is later.
2.1 0.6 Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration proceeding or legal proceeding unless caused by failure of the Consultant to
meet the Standard of Care set forth in Article 2.5.4, or through the fault of Consultant or its sub-
consultants.
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2.10.7 Preparing documents for change orders, or supplemental work, initiated at the City's
request and outside the scope of the Work specified in the Construction Documents, after
commencement of the Construction Phase.
2.10.8 Making revisions in drawings, specifications or other documents when such revisions
are inconsistent with written approvals or instructions previously given; or are required by the
enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.
If changes are required to be made because of error, oversight, inadvertence, clarification or
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discrepancy in the work of the Consultant, the City shall not be liable to compensate Consultant for
Additional Services in such connection. Similarly, should Construction Cost proposals exceed the
final Statement of Probable Cost by more than five percent (5%), the Consultant agrees to perform
all modifications to plans and specifications at no cost to the City to lower the cost ofthe Project to
permit reissuance of the construction bid proposal, and such services shall not be deemed as
Additional Services as defined herein. Finally, in the event the City elects to reduce the Project
scope pursuant to subparagraph 4.2.2, 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 hereunder and not as an Additional Service, in order to bring the bid to within five
(5%) percent of the Construction Cost Budget.
2.10.9 Providing consultation concerning replacement of a new project or damage by fire
or other cause during construction, and furnishing such professional services in the type set forth
herein as may be required in connection with the replacement of such work.
2.10.10 Providing professional services made necessary by the default of any Contractor
or any sub-contractor in the performance of the Construction Contract.
2.10.11 Providing contract administration services during the Construction Phase, should
the Construction Contract time and working days be extended or delayed through no fault of the
Consultant.
2.10.12 Providing planning, programming, program investigating and evaluation services,
economic studies, feasibility studies, unless such studies are included in the Basic Services described
in Section 1.7.
2.10.13 Providing certified land surveys and similar information.
2.10.14 Providing such other professional services to the City relative to the Project which
arise from subsequent circumstances and causes (excluding circumstances and causes resulting from
error, inadvertence or omission of the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution of this Agreement.
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2.10.15 Additional Services provided for by this subsection as well as any not contemplated
herein, must be approved by the City before such services are commenced. Payment for any
Additional Services not so approved shall be deemed waived by Consultant.
2.10.16 Additional Services based on any other funding source will be provided at the same
percentage fee established for Basic Services in Schedule "B".
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2.11 TIME It is understood that time is of the essence in the completion of this Project,
and in this respect the parties agree as follows:
2.11.1 The Consultant shall perform Basic and Additional Services as expeditiously as is
consistent with the standard of professional skill and care required by this Agreement and the orderly
progress of the Work. Prior to commencement of said Services, the Consultant shall submit a
Project Schedule to the City, for its approval, detailing the time lines for completion of the Services
contemplated by the Agreement. The Project Schedule, as approved by the City, shall be attached
hereto and incorporated as a Schedule to this Agreement. Upon notice to the City, the Consultant
may submit adjustments to the Project Schedule, made necessary by undue time taken by the City
to approve the Consultant's submissions, and/or excessive time taken by the City to approve the
Services or parts of the Services; otherwise, any adjustments to the Project Schedule shall require
the prior written consent of the City. The City shall not unreasonably refuse to approve such
adjustment(s) to the Project Schedule if the request is made in a timely manner and is fully justified.
The time lines set forth in this Schedule, as approved by the City, shall not, except as provided
above, be exceeded by the Consultant.
2.11.2 The parties agree that the Consultant's services during all phases of this ProjeCt will
be performed in a manner which shall conform with the approved Project Schedule, as same may
be amended.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City has provided Consultant with the Project goals and design elements as set
forth in the Proposal Documents and pursuant to Article 1.8 herein, and shall provide, consistent
with the foregoing described goals, such additional requirements for the Project as may be necessary,
including space requirements and relationships, flexibility and expendability, special equipment and
systems, and site requirements.
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3.2 The City shall establish a Construction Cost Budget for the Project, which may
include contingencies for bidding, changes in the Work during construction, and other costs which
are the responsibility of the City, including those described in this Article 3 and in subparagraph 4.1.
The City shall, at the request of the Consultant, provide a statement of funds available for the
Project, and their source.
3.3 The City Manager shall designate a representative defined as the City's Project
Coordinator authorized to act on the City's behalf with respect to the Project. The City's Project
Coordinator shall examine the documents submitted by the Consultant and shall transmit written
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's
Services and of the Work. Notwithstanding the foregoing, the City shall, whenever possible, observe
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the procedure of issuing orders to its Contractor only through Consultant.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such auditing services
as the City may require to verifY the Contractor's applications for payment or to ascertain how or for
what purposes the Contractor uses the monies paid by or on behalf of the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project
or non-conformance with the Contract Documents, prompt written notice thereof shall be given by
the City to the Consultant.
3.6 The City shall furnish required information and services, and render approvals and
decisions in writing as expeditiously as necessary for the orderly progress of the Consultant's
Services and of the Work. No approvals required by the City during the various phases of the
Project shall be urrreasonably delayed or withheld; provided that the City shall at all times have the
right to approve or reject any proposed submissions of Consultant for any reasonable basis.
ARTICLE 4. CONSTRUCTION COST
4.1 DEFINITION
4.1.1 The Construction Cost shall be the total cost or estimated cost to the City of all
elements of the Project, as designed or specified by the Consultant and approved by the City, as
more completely defined in Article 1.9.
4.1.2 The Construction Cost does not include the compensation of the Consultant and the
Consultant's consultants, the cost of the land, rights-of-way, and surveys.
4.1.3 For work not constructed, the Construction Cost shall be the same as the lowest bona
fide bid or competitive proposal received and accepted from a responsible bidder or proposer for any
and all of such Work.
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J: .' 4.1.4 For work which bids or proposals have not been let, the Construction Cost shall be
the same as the final Statement of Probable Cost or detailed cost estimate. The City shall have the
right to verifY the Statement of Probable Cost or detailed cost estimate submitted by the Consultant.
4.2 RESPONSIBILITY FOR CONSTRUCTION COST
4.2.1 If, following submittal ofthe Construction Documents to the City, the bidding phase
has not commenced within three (3) months after the last required City approval regarding same has
been made, the Construction Cost Budget may be adjusted to reflect any change in the general level
18
of prices in the construction industry between the date of submission of the Construction Documents
to the City and the date on which bids for proposals are sought.
4.2.2 If the lowest bona fide base bid exceeds the Construction Cost Budget (as
same may also be adjusted as provided in Article 4.2.1) by more than five percent (5%), the City
Commission shall, at its sole discretion, have any of the following options: (1) give written approval
of an increase in the Construction Cost Budget; (2) reject all bids or proposals, authorize rebidding,
or (if permissible) authorize a renegotiation of the Project within a reasonable time; (3) abandon the
Project and terminate the Consultant's Services for the Project and this Agreement without further
liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the
award within the Construction Cost Budget; or (5) cooperate with the Consultant in reducing the
Project scope, construction schedule, and sequence of work, as may be required to reduce the
Construction Cost Budget. In the event the City elects to reduce the Project scope, the Consultant
shall provide such revisions to the Construction Documents and provide rebidding services, as many
times as reasonably requested by the City, as a Basic Service, with no additional cost to the City, in
order to bring the bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. DIRECT PERSONNEL EXPENSE
5.1 For Additional Services rendered under this Agreement, the Consultant and its
sub-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedules B
andC.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional
Services and include actual expenditures made by the Consultant and the Consultant's employees
and sub-consultants in the interest ofthe Project.
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All Reimbursable Expenses pursuant to this Article, in excess of $200, must be authorized
in advance by the City Manager or the City's Project Coordinator. Invoices or vouchers for
Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting
receipts, and other back-up material reasonably requested by the City, and Consultant shall certify
as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and
in accordance with the Agreement". Expenses subject to reimbursement in accordance with the
above procedures may include:
6.1.1 If authorized in advance by the City Manager or the City's Project Coordinator,
expense of overtime work requiring higher than regular rates due to delays not caused by the
Consultant and not included as part of Basic Services; special consulting services, if any; or other
similar services.
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6.1.2 Expense of any additional insurance coverage or limits requested by the City in
excess of the insurance requirement set forth in Article 13.
6.1.3 Expense of transportation in connection with the Project; living expenses in
connection with out-of-town travel; long distance communications; and fees paid for securing
approvals of authorities having jurisdiction over the Project. Consultant shall comply with the City's
standards for reimbursable travel expenses. Travel within Miami-Dade County shall not be
reimbursable.
6.1.4 Expense of reproduction, postage and handling of drawings, specifications and other
documents, except for those expenses to be borne by the Consultant under the Basic Services,
excluding reproductions for the office use of the Consultant and its sub-consultants. Courier and
postage between the consultant and its sub-consultants are not reimbursable.
6.1.5 Aerial photography expenses and any other photographic production expenses.
6.1.6 Expense of data processing when such data processing equipment is available either
directly by the Consultant or through an outside service, shall not be reimbursable but should be
included in Basic Services.
ARTICLE 7. PAYMENTS TO THE CONSULTANT
7.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic
Services shall be made monthly based upon work completed and approved by the Project
Coordinator, upon presentation and receipt of Consultant's invoice or statement. When
compensation is made on the basis of a lump sum, then payments shall be made in proportion to the
Services performed in each Phase so that the payments for Basic Services for each Phase shall equal
the following percentages of the total compensation payable: Schematic Design Phase - 15%; Design
Phase - 20%; Construction Documents Phase - 40%; Bidding Phase - 5%; Construction
Administration Phase - 20%.
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7.2 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES Payment on account
of Additional Services, as defined in Article 2.10, and for Reimbursable Expenses, as defined in
Article 6, and provided that such services have been properly approved by the City, as same is set
forth herein, shall be made within forty-five (45) days of presentation of the Consultant's detailed
statement or invoice of Services rendered or expenses incurred, which shall be rendered in duplicate
to the City Manager.
7.3 PROJECT SUSPENSION OR TERMINATION
7.3.1 Upon written notice to Consultant, the City shall have the right to suspend or
20
terminate the Services called for in any particular portion of the Scope of Services. If the Project is
suspended or terminated in whole or in part for more than three (3) months, the Consultant shall be
compensated for all Services performed prior to receipt of written notice from the City of such
suspension or such abandomnent, together with Reimbursable Expenses then due. If the Project is
resumed after being suspended for more than three (3) months, the Consultant's compensation may
be equitably adjusted, including any necessary start-up costs. Prior to any consideration for
adjustment to payment due to suspension, the Consultant must provide the City with all documents,
reports, drawings, computer reports and the like reflecting the work completed to date and justifying
the reason for such adjustment.
7.3.2 No deduction shall be made from the Consultant's compensation on account of sums
withheld from payments to Contractors.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services
and Services performed on the basis of a multiple of direct personnel expense shall be kept on the
basis of generally accepted accounting principles and shall be available to the City and the 'City's
authorized representatives at mutually convenient times and location for a period of three years after
the final payment for the Project.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 All plans or drawings will be prepared and submitted by Consultant to City for
approval and ownership by City. Working drawings will be prepared on Plate B tracing cloth or
mylar drafting film or the equivalent, with all lettering in ink or pencil or press-type, or by
AutoCAD(latest version) and clearly legible when the sheets are reproduced and reduced to half size.
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9.2 All documents including, but not limited to, tracings, drawings, estimates,
specifications, investigations and studies completed or partially completed, shall become the
property of the City upon completion, termination, or abandomnent 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 abandomnent of the Project. The City will not use
any unique designs of the Consultant for other projects.
9.3 Upon completion of the construction of the Project, Consultant shall, within sixty (60)
calendar days following final inspection, deliver to the City the original contract working drawings
and tracings, or mylar or sepia prints (3 mil), correct to "as built" conditions, to the City's Project
Coordinator, including all changes made during the course of the Project.
21
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 RIGHT TO TERMINATE DUE TO LACK OF FUNDING The City is a
govemmental entity and is subject to the appropriation of funds by its legislative body in an amount
sufficient to allow continuation of its performance in accordance with the terms and conditions of
this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be
abandoned or terminated, and the City may cancel this Agreement as provided for herein.
1 0.2 TERMINATION FOR CAUSE The City may terminate this Agreement for cause
in the event that the Consultant (1) violates any provisions of this Agreement or performs same in
bad faith ("bad faith" to be determined by the City's Project Coordinator at his/her sole discretion);
or (2) unreasonably delays the performance of the Services ("unreasonable" to be determined by the
City's Project Coordinator at his/her sole discretion), upon notice to the Consultant, in writing, seven
(7) days prior to termination.
10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole
option and discretion, may take over the Services and complete them by contracting with another
consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional
cost incurred by the City due to such termination. "Additional Cost" is defined as the difference
between the actual cost of completion of such incomplete services, and the cost of completion of
such services which would have resulted from payments to the Consultant hereunder had the
Agreement not been terminated.
1 0.2.2 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.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly
assemble and submit to the City, as provided herein or as required in the written notice, all
documents, including drawings, calculations, specifications, correspondence, and all other relevant
materials affected by such termination.
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10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made
for Services not satisfactorily performed, as same shall be determined at the City's option and
discretion; and for assembly of submittal of documents.
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
22
termination is in the best interest of the City. 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, and the City shall have no further
liability for compensation, expenses or fees to the Consultant.
10.3.1 In the event that the City cancels or terminates the Agreement, as provided in Article
10.1 or 10.5, the Consultant shall be compensated for all Services rendered by the Consultant, for
Reimbursable Expenses, up to the time of said cancellation and termination. The City shall have no
further liability for compensation expenses or fees to the Consultant, and the Consultant shall
promptly terminate all work related to its obligations under this Agreement.
10.4 TERMINATION BY CONSULTANT The Consultant may only terminate this
Agreement for cause in the event that the City willfully violates any provisions of this Agreement
or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days
prior to termination. In that event, payment for Services satisfactorily performed prior to the date of
termination shall be made in accordance with Article 10.4 herein.
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of
the Consultant.
10.5 IMPLEMENTATION OF TERMINATION In the event of termination, either
for cause or for convenience, the Consultant, upon receipt ofthe Notice of Termination, shall (1)
stop the performance of Services under this Agreement on the date and to the extent specified in the
Notice of Termination; (2) place no further orders or subcontracts except for any that may be
authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders and subcontracts
to the extent that they relate to the performance of the Services terminated by the Notice of
Termination; (4) promptly assemble and submit, as provided herein, all documents for the services
performed, including drawings, calculations, specifications, correspondence, and all other relevant
materials affected by the termination; and (5) complete performance of any Services as shall not
have been terminated by the Notice of Termination and as specifically set forth therein.
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10. 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.
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ARTICLE 1], MISCELLANEOUS PROVISIONS
11.1 This Agreement shall be governed by the laws of the State of Florida.
11.2 Terms in this Agreement which have not been defined in Article 1.1 shall have the
same meaning as those in AIA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
11.3 As between the parties to this Agreement, as to all acts or failures to act by either
party to this Agreement, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in any and all events not later than the relevant date
of substantial completion of the Work and the issuance of the temporary certificate of occupancy,
and as to any acts or failures to act occurring after the relevant date of substantial completion, not
later than the date of issuance of the final Certificate for Payment.
11.4 The City and the Consultant waive all rights against each other and against the
Contractors, consultants, agents and employees of the other for damages covered by any property
insurance during construction as set forth in the current edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the date ofthis Agreement. The City and
the Consultant each shall require appropriate similar waivers from their contractors, consultants and
agents.
11.5 The Consultant shall not subcontract, assign, or transfer any of the Services under this
Agreement without the prior written consent of the City.
ARTICLE ]2. EXTENT OF AGREEMENT
12.1 This Agreement represents the entire agreement between the City and the Consultant
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both City and Consultant utilizing
the same formalities as were used for its adoption.
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ARTICLE 13. BASIS OF COMPENSATION
13.1 COMPENSATION FOR SERVICES The Consultant shall be compensated for
Basic Services, Additional Services and Reimbursable Expenses .on the basis set forth below:
13.1.1 Basic Services of the Consultant shall be compensated in accordance with percentage
of work completed, in accordance with Schedule A - and a multiple of 1.1 0 times the hourly rate
charged to the Consultant by its sub-consultants, as set forth in Schedule C - Sub-consultant Hourly
Compensation Rates for special services beyond the Scope of Work set out in Schedule A. The fee
24
for Basic Services may be a fixed fee, if both the City and the Consultant agree to such method and
amount of compensation.
13.1.2 Any services not included in this Agreement may only be carried out by the
Consultant following written authorization by the City (prior to commencement of same).
13.1.3 The hourly rate for compensation to the Consultant by the City for Additional
Services, as defined in Article 2.10, shall be as set forth in Schedule B and a multiple of 1.10 times
the hourly rate charged to the Consultant, as forth in Schedule C. The term" Additional Services"
includes any additional work required and approved by the City, including work involving all or any
sub-consultants whether previously retained for the work or not or whether participating as members
with Consultant or not, subject to the City's right to previously approve any change in the consultants
as set forth in this Agreement.
13.2 For Reimbursable Expenses, as defined in Article 6, the Consultant shall be paid, up
to the reimbursable expense limit set forth in the Service Order, the exact amount(s) expended by
the Consultant and its consultants in the interest of the Project, subject to the Consultant furnishing
adequate documentation of the expense and, if required, demonstrating to the satisfaction of the City
that the expense was in the interest ofthe Project.
13.3 Payments due the Consultant and unpaid under this Agreement will be considered
due thirty (30) days from receipt by the City of a detailed statement or invoice, unless the City
contests an item or items set forth in the invoice.
13.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
13.4.1 If the scope of the Project or the Consultant's Services is changed substantially and
materially, the amount of compensation shall be equitably adjusted.
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13.4.2 If the entire Services covered by this Agreement have not been completed within
thirty -six (36) months of the date hereof, through no fault of the Consultant, the amounts of
compensation, rates and multiples set forth herein shall be adjusted upwards to compensate for
changes in the cost ofliving, by mutual agreement ofthe parties, on the unspent fee balance.
ARTICLE 14. INSURANCE
14.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not
commence with work on this Project until satisfactory proof of the following insurance coverage has
been furnished to the City. The Consultant will maintain in effect the following insurance
25
coverages:
(a) Architects and Engineers Professional Liability Insurance in the amount of Five
Hundred Thousand ($500,000.00) Dollars per occurrence on a claims made form.
(b) Comprehensive General Liability Insurance in the amount of $1 ,000,000.00 Single
Limit Bodily Injury and Property Damage coverage for each occurrence, which will include
products, completed operations, and contractual liability coverages. The City must be named as an
additional insured on this policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits
of the State of Florida.
14.2 Thirty (30) days prior written notice, of cancellation or of substantial modifications
in the insurance coverages, must be given by the Consultant to the City Manager.
14.3 The insurance must be furnished by an insurance company rated B+:VI or better, or
its equivalent, according to Bests' Guide Rating Book and must additionally be furnislied by
insurance companies duly authorized to do business in the State of Florida and countersigned by the
company's Florida resident agent.
ARTICLE ]5. INDEMNIFICATION
15.1 In consideration of a separate and specific consideration of$l 0.00 and other good and
valuable consideration the receipt of which is hereby acknowledged, the Consultant hereby agrees
to indemnify, defend and hold the City and its employees, agents and authorized representatives
harmless with respect to any and all costs, claims, damages and liability which may arise out of the
performance of this Agreement as a result of any negligent acts, errors or omission of the Consultant,
or the Consultant's sub-consultants, or any other person or entity under the direction or control of
Consultant. The Consultant shall pay all claims and losses arising out of Consultant's negligent acts,
errors or omissions and shall defend all suits, in the name of the City, its employees, agents and
authorized representatives when applicable, including appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue thereon.
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ARTICLE 16. VENUE
16.1 This Agreement shall be enforceable in Mi.ami-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.
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ARTICLE 17. LIMITATION OF UABILITY
17.1 The City desires to enter into this Agreement only if in so doing the City can place
a limit on City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the amount of fee
under the agreed upon Scope of Work. Consultant hereby expresses its willingness to enter into this
Agreement with Consultant's recovery from the City for any damage action for breach of contract
to be limited to a maximum amount of the fee set forth in the Scope of Work, less the amount of all
funds actually paid by the City to Consultant pursuant to the Scope of Work.
17.2 Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for damages in an amount
in excess of the amount of fee under any outstanding Scope of Work, which amount shall be reduced
by the amount actually paid by the City to Consultant pursuant to the Scope of Work, for any action
or claim for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability
as set forth in Section 768.28, Florida Statutes.
ARTICLE 18. ADDITIONAL CONDITIONS
18.1 The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of the Agreement. Neither party shall assign,
sell, pledge or otherwise transfer this Agreement or any portion thereof, without written
authorization and consent of the other party to this Agreement. The parties agree that the
Consultant's services are unique in nature and that the Consultant may only receive such
authorization by way of a City Commission resolution.
18.2 The Consultant, its consultants, agents and employees and sub-contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances
of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state
and national boards, bureaus and agencies as they relate to this Project.
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ARTICLE ]9. NOTICE
19.1 All written notices given to City by Consultant shall be addressed to:
City Manager
c/o Mayra Diaz-Buttacavoli, A.C.M.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
with a copy to:
Capital Projects Coordinator
Construction Management Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
And copies to:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Written notices from the City to the Consultant shall be addressed to:
Curtis and Rogers Design Studio, Inc.
C/O Aida Curtis
2982 Grand Avenue, Suite 301
Coconut Grove, Florida 33133
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest
CITY OF MIAMI BEACH, FLORIDA
CITY CLERK
MAYOR
Witness
CURTIS AND ROGERS DESIGN STUDIO, 1Ne.
Signature
Signature
Print Name
Print Name and Title
Witness
CORPORATE SEAL
Signature
Print Name
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APPROVEDMTO
FORM. LANGUAGE
. FOR EXECUTION
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Schedule A
To Professional Services Agreement between the City of Miami Beach and
Curtis & Rogers Design Studio, Inc
Scope of Work
Project:
Renovation and Remodeling of the Botanical Garden, including the Administration Building, Gift
Shop, Conservatory, etc.
I. Revision of the Master Plan including conceptual site plan with all program elements
indicated; conceptual architecture for new and renovated buildings; an estimate of probable
construction cost (statement of probable cost); a proposal for the phasing of the Project
including an estimate of probable cost (statement of probable cost); for each phase.
. Scope verification
. Site survey (including Vegetative Survey)
. Renovation Botanical Garden
. Landscaping and Irrigation
. Scheduling, Phasing and plarming.
. Construction monitoring and administration
II. Basic Services to be provided will consist of the following:
Provide Architectural and Engineering services to include Schematic Design, Design Development,
Construction Drawings, and Specifications as necessary for permitting and construction for the
renovation of the existing buildings to include the following:
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Phase I
Programming/Planning
Site Evaluation
Scheduling of Architects (consultants) programming with City staff
Project/City meetings (as required)
Obtaining As-Built drawings and existing conditions
Code/Zoning analysis
Preliminary architectural design
31
Phase II
Structural engineering design (including ramp and or handicapped lift)
Architectural design development
Mechanical, electrical and plumbing design
Preliminary Project Manual (Specifications Book)
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Phase III
Final architectural and engineering design and construction documents
Value engineering
Final Project Manual (Specifications Book)
Phase IV
Bidding assistance
Contractor selection assistance
Drawings shall be submitted to.the Building Department and Consultant will obtain all
permits from the relevant authorities prior to award of the contract.
Phase V
Construction administration/observation/monitoring. Preparation of As-Built Drawings
(upon completion of construction, update changes supplied by Contractor to Architect.
Drawings to be completed and submitted to the City on Mylar and on computer disk in
AutoCAD(latest version) format within 60 days of final acceptance of the project.
Asbestos survey, vegetative survey, Building As-builts, DERM permitting, soil bearing, and
percolation tests, and other tests, if required, will be billed as reimbursable items.
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Schedule B
Professional Services Agreement between the City of Miami Beach and
Curtis and Rogers Design Studio, Inc.
Consultant Compensation
Fee Schedule:
Revised Master Plan/Prograrnming: $20.000
Basic Architectural and Engineering Services 7.5% of Construction Cost
as described in Schedule A: $90.775
Allowance for Reimbursable Expenditures: $47.500
Additional Services above the scope of this contract will be undertaken for a fee based on 7.5% of
actual Construction Cost of the additional work.
Payment Schedule:
Work completed and submitted to the City:
Schematic Design
20% Design Development
40% Construction Documentation
Construction Documents (30% completion)
Construction Documents(60% completion)
Construction Documents(90% completion)
Bidding Phase (100% completion)
Subtotal:
15%
20%
10%
15%
15%
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80%
Construction Administration and Observation
20%
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Billing:
Fees will be billed in accordance with the progress toward completion of the Project based
on the above table. Monthly billing during construction will be based on this schedule limited by the
percentage of completion by the General Contractor. Invoices submitted by the consultant to the
City, upon review and approval, will be due and payable 30 days after receipt by the City.
Additional Services requested by the City which are not included in the Scope of Services
outlined in Schedule A will be billed in accordance with the hourly rate schedule in Schedule C.
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Schedule C
Professional Services Agreement between the City of Miami Beach and
Curtis & Rogers Design Studio, Inc.
Hourly Compensation Rates
CURTIS & ROGERS HOURLY RATES
SUB-CONSULTANT HOURLY RATES
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Schedule D
To Professional Services Agreement between the City of Miami Beach and
Curtis & Rogers Design Studio, Inc.
Project Schedule
The estimated time for completion of the Project is as follows, based on cumulative days after
issuance of Notice to Proceed. (This estimate is for planning purposes only):
Phase:
Description:
Calendar days
after NTP:
Phase I
Planning and Programming
Schematic Design Phase
_ Days
Phase II
Design Development Phase
_ Days
Phase III Construction Documentation (30% completion)
Construction Documentation (60% completion)
Construction Documentation (90% completion)
Construction Documentation and Bid Documents (100% complete)
_Days
_ Days
_ Days
_ Days
Phase IV
Bidding and Contractor Selection
(Note: Time for this activity controlled by CMB Procurement
Department procedures)
-Days
Phase V
Construction Phase
_ Days
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;)00/ - .2 (2-s-rJ
file a copy of this email with the reso.
Subject:
Author:
Date:
Forward Header
Re: rESO 2001-24280 Dated 2/21/01 itemR7F
JohndePazos at C-H-PO
12/11/01 10:49 AM
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Maria,
This particular project is on hold pending the possible relocation of
the Botanical Garden as part of an overall Masterplan.
Donald, Tim,
What do we want to do with this contract agreement?
Subject:
Author:
Date:
Reply Separator
D ed 2/21/01 itemR7F
C-H-PO
AM
"
Hi Mr. Depazos:
On February 23, 2001 three agreements with the Curtis and Rogers
Design Studio Inc. were forward to Michael Maglorie for signature.
As per E-mail with Carla in August, she stated that the contracts were
being forwarded to Curtis & Rogers for signature. She advised me that,
since the new Capital Improvements Office was reorganized I should
contact you.
We need to know the status of these contracts. We need the signed
original to process the resolution.
Thanks,
Maria
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