Wolfberg Alvarez and Partners Agreement~~~~-,2~~~q
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
WOLFBERG ALVAREZ AND PARTNERS
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
FLAMINGO PARK PROJECT
Resolution No. 2007-26609
FLAMINGO PARK
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City Project Coordinator
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
ARTICLE 2. BASIC SERVICES
2.1 Design Services
2.2 Bidding and Award Services
2.3 Construction Phase Services
2.4 Additional Services
2.5 Responsibility for Claims and Liabilities
2.6 Time
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5.
ARTICLE 6
ADDITIONAL SERVICES
REIMBURSABLE EXPENSES
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February 20, 2005
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ARTICLE 7. COMPENSATION FOR SERVICES 16
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS 18
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS 18
ARTICLE 10. TERMINATION OF AGREEMENT 19
10.1 Termination for lack of Funds 19
10.2 Termination for Cause 19
10.3 Termination for Convenience 20
10.4 Termination by Consultant 20
10.5 Implementation of Termination 20
10.6 Non-Solicitation 21
ARTICLE 11. INSURANCE 21
ARTICLE 12. INDEMNIFICATION 22
ARTICLE 13. VENUE 22
ARTICLE 14. LIMITATION OF LIABILITY 23
ARTICLE 15. MISCELLANEOUS PROVISIONS 23
ARTICLE 16. NOTICE 25
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES 27
SCHEDULE B CONSULTANT COMPENSATION 28
SCHEDULE C HOURLY BILLING RATE 29
SCHEDULED PROJECT SCHEDULE 30
SCHEDULE E GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 32
SCHEDULE F INSURANCE AND SWORN AFFIDAVITS 33
SCHEDULE G BEST VALUE AMENDMENT 34
February 2Q 2008
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FLAMINGO PARK
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
WOLFBERG ALVARE2 AND PARTNERS
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
FLAMINGO PARK PROJECT
February 20, 2008
This Agreement made and entered into this _ day of , 2008, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to
as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
Wolfberg Alvarez and Partners, a Florida corporation having its principal office at 1500 San Reno Avenue,
Suite 300, Coral Gables, Florida, 33146 (hereinafter referred to as Consultant).
WiTNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in this Agreement and the attached Schedule "A", and wishes to engage the Consultant
to provide architecture, landscape architecture, and 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, urban design, and landscape architectural, and related professional services relative to the
Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
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Febrna~y 20, 2008
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the
City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The
City Manager shall be construed to include any duly authorized designees, including the Project
Coordinator and shall serve as the City's representative to whom administrative requests for approvals
shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the
City Commission) to the Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 15-
06/07 entitled "Architectural, Engineering, Planning, and Landscape Architecture Services for the
Planning, Design, Bid and Award, and Construction Administration Services for the Flamingo Park
Project" (the RFQ) issued by the City in contemplation of this Agreement, together with all
amendments thereto, if any, and the Consultant's proposal in response thereto.
1.5 CONSULTANT: The "Consultant" is herein defined as Wolfberg Alvarez and Partners, a Florida
corporation having its principal offices at 1500 San Reno Avenue, Suite 300, Coral Gables, Florida
33146. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-
consultants and any other person or entity acting under the direction or control of Consultant. Any
subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to
prior written approval of the City. The following subconsultants are hereby approved by the City for
the Project:
Structural Engineer: Martinez Engineering Group, Inc.
Landscape Architect: O'Leary Richards Design Associates, Inc.
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the
City Manager who shall be the City's authorized representative to coordinate, direct, and review on
behalf of the City, all matters related to the Project, except as otherwise provided herein.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural and interior design, landscape
architectural, and/or engineering and related professional services relative to the Project, as hereinafter
set forth, including: planning, design, bidding/award, and construction administration for the Project, as
described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached hereto.
1.9 PROJECT: The "Project" shall mean the City Capital Project that has been approved by the City
Commission and as described in Schedule "A" attached hereto.
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February 2Q, 2008
1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total
cost of the Project to the City including: Construction Cost, professional compensation, land cost,
if any, financing cost, materials testing services, surveys, contingencies and other miscellaneous
costs.
1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project
contained in Schedule "A" attached hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is
the total cost or estimated cost to the City of all elements of the Project designed or specified by the
Consultant and approved by the City, including, at current market rates (with a reasonable allowance
for overhead and profit), the cost of labor and materials and any equipment which has been designed,
specified, selected or specifically provided for by the Consultant and approved by the City, and
including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the
construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of
historic buildings, and not including the compensation of the Consultant and any subconsultants, the
cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed,
the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and
accepted from a responsible bidder or proposer for any and all of such Work.
1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an
amount budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule
"A" attached hereto.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable
Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, as
defined in attached Schedule "A", entitled "Scope of Services', for the guidance of the City. For
Work which bids or proposals have not been let, the Construction Cost shall be the same as the
latest Statement of Probable Construction Cost. The City shall have the right to verify the
Statement of Probable Construction Cost or detailed cost estimate by the Consultant.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of human agency such as hurricanes,
tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in
Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement
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February 20, 2008
and having a substantial impact on the Project; other causes beyond the parties' control; or by any
other such causes which the Consultant and the City decide in writing justify the delay; provided,
however, that market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or
entities responsible for performing the Work or providing the materials, supplies and equipment
identified in the Bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the Agreement
between the City and Contractor ;Contract for Construction; Conditions of the Contract for Construction
(General, Supplementary, and other Conditions); Construction Documents; and addenda issued prior to
execution of the Contract for Construction. A modification is one of the following: (1) written
amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved
Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the
Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding
agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2
and Schedule "A" attached hereto.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the
Consultant approved by the City, as specified in this Agreement, and signed by the City's duly
authorized representative, authorizing a change in the Project or the method and manner of
performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract
Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars
($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in
amount (or other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City
Commission for the approval of any such Contract Amendment.
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1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article
5 herein, which have been duly authorized in writing by the City Manager prior to commencement of
same.
1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant
to the applicable Documents, whether completed or partially completed, and includes labor and
materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its
obligations.
1.19 SERVICES: "Services" shall mean the services to be performed on the Project by the
Consultant pursuant to this Agreement, whether completed or partially completed, and includes other
labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its
obligations herein.
1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant and approved by the City as being within the Construction Cost
Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid"
shall not include "Additive Alternates' or "Deductive Alternates".
1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement
and referred to as follows:
Schedule A -Scope of Services.
Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic
Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by
the Consultant and approved by the City.
Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the
Consultant as submitted by the Consultant and approved by the City.
Schedule D -Project Schedule.
Schedule E -General Conditions of the Construction Contract
Schedule F -Insurance and Sworn Affidavidts
Schedule G -Best Value Amendment
1.22 SCOPE OF SERVICES: "Scope of Services' shall mean the Project Scope as described in
Schedule "A", together with the Basic Services and any Additional Services approved by the City, as
described in Articles 2 and 5, respectively herein.
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ARTICLE 2. BASIC SERVICES
February 2Q, 2008
The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services for
this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by
the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A
separate Notice to Proceed shall be required for commencement of each Task, as defined in
attached Schedule "A" entitled "Scone of Services".
The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design,
bidding/award, construction administration and additional services) as described in attached Schedule
"A ", Scope of Services, and including, without limitation, any and all of CONSULTANT's
responsibilities and obligations, as set forth in the General Conditions of the Construction Contract
(Schedule "E").
The Consultant shall coordinate with subconsultants and other consultants, and conform to all
applicable building codes and regulations. Consultant, as it relates to its Services, represents and
warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the
jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach
and Miami-Dade County), Florida Statutes, Administrative rules and regulations including, Federal
laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and
regulations now in effect, and as may be amended or adopted at any time, and shall further take into
account all known pending changes to the foregoing, of which it should reasonably be aware. The
Consultant shall insert the provisions of all required laws, codes rules and regulations into the Contract
Documents.
The Consultant expressly agrees that all of its duties, services and responsibilities under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of projects of this nature in South Florida. In addition, Consultant represents that it is
experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is
properly licensed pursuant to the applicable laws, rules and regulations to perform such Services.
Consultant warrants that it shall be responsible for the technical accuracy of its work, including without
limitation the Design Documents contemplated in Section 2.1 below and the attached Schedule "A".
2.1 PLANNING SERVICES:
Consultant shall prepare Planning services, as noted in attached Schedule "A" (Task 1) entitled
"Scope of Services".
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2.2 DESIGN SERVICES:
February 20, 2008
Based on the approved Planning documents developed under Section 2.1, Consultant shall prepare
Design Documents, as noted in attached Schedule "A", (Task 2) entitled "Scope of Services'
2.3 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A", (Task 3)
entitled "Scope of Services".
2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted in attached Schedule "A"
(Task 4) entitled "Scope of Services".
2.5 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as noted in
attached Schedule "A", (Task 5) entitled "Scope of Services".
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor
be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors,
agents and consultants for the accuracy and competency of their designs, working drawings,
specifications or other documents and services; nor shall such approval be deemed to be an
assumption of such responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or other documents prepared by the Consultant, its employees,
subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely
upon the accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.7 TIME: It is understood that time is of the essence in the completion of this Project, and in this
respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement and the orderly progress of
the Work.
2.7.2 The parties agree that the Consultant's Services during all phases of this Project will
be performed in a manner that shall conform with the approved Project Schedule, which is
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Febrna~y 20, 2008
attached to this Agreement as Schedule "D". The Consultant may submit requests for an
adjustment to the Project Schedule, made necessary by undue time taken by the City to approve
the Consultant's submissions, and/or excessive time taken by the City to approve the Services or
parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to
the Project Schedule if the request is made in a timely manner and is fully justified.
2.7.3 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working
relationship with the Contractor(s), and others that have been contracted to perform Services and
/ or Work pertaining to the Project. While the Services to be provided by Consultant under this
Agreement will be provided under the general direction of the City's Program Coordinator, it is the
intent of this Agreement to allow the Consultant to coordinate the performance of all design and
construction administration to the extent such coordination by the Consultant is permitted by the
contracts for the design and construction administration.
2.7.4 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.7.5 Whenever during the term of this Agreement, others are required to verify, review, or
consider any work performed by Consultant, including but not limited to the design professionals,
Contractors, and other consultants retained by the City, the intent of such requirement is to enable
the Consultant to receive input from others' professional expertise to identify any discrepancies,
errors or omissions that are inconsistent with industry standards for design or construction of
comparable public projects; or which are inconsistent with applicable laws, codes, ordinances,
and regulations; or which are inconsistent with standards or decisions provided in writing by the
City's Project Coordinator. Consultant will use reasonable care and skill in accordance with and
consistent with customary professional standards in responding to items identified as
discrepancies, errors and omissions by others. Consultant shall receive comments from reviewers
via a set of marked-up drawings and specifications. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as
possible under the circumstances, taking into account the requirements of the Project Schedule.
2.7.6 The City shall have the right at any time, and in its sole and absolute discretion,
to submit for review to consulting engineers or consulting architects or other consultants,
engaged by the City at its own expense for that purpose, any or all parts of the services
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performed by the Consultant, and the Consultant shall cooperate fully in such review at the
City's request.
2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost
prepared by Consultant. Said certifications shall be in a form and manner as approved by
the City's Project Coordinator.
2.7.8 Consultant represents to City that all evaluations of the City's Project Budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgment as a design professional familiar with the construction
industry. Consultant cannot and does not guarantee that bids or negotiated prices will not
vary from any estimate of Construction Cost or evaluation prepared or agreed to by
Consultant.
2.7.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services.
2.7.10 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be provided
and performed under this Agreement. The person selected by Consultant to serve as
Project Manager shall be subject to approval and acceptance by City. Replacement
(including reassignment) of said Project Manager shall not be made without the prior
written approval of the City.
2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with or without stating its
cause.
2.7.12 Consultant herein represents to City that it has expertise in the type of
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February 2Q, 2008
professional services that will be performed and pursuant to this Agreement. Consultant
agrees that all Services to be provided by Consultant pursuant to this Agreement shall be
subject to City's review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in accordance
with applicable published laws, statutes, ordinances, codes, rules, regulations and
requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these
requirements, Consultant shall notify City of such conflict and utilize its best professional
judgment to advise City regarding resolution of each such conflict.
2.7.13 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, without City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public
information concerning Services to be rendered by Consultant hereunder, and Consultant
shall require its employees, agents, subconsultants and subcontractors to comply with the
provisions of this paragraph.
2.7.14 The City and Consultant acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services contemplated
in this Agreement, Consultant determines that work should be performed to complete the
Project which is, in the Consultant's opinion, outside the level of effort originally anticipated,
whether or not the Scope of Services identifies the work items, Consultant shall notify the
Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's
written consent, before proceeding with the work. The Project Coordinator must comply with
Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance
of any written authorization to proceed with Additional Services to Consultant. If Consultant
proceeds with additional Services without notifying and obtaining the consent of the Project
Coordinator, said work shall be deemed to be within the original level of effort, and deemed
included as a Basic Service herein, whether or not specifically addressed in the Scope of
Services. Notice to the Project Coordinator does not constitute authorization or approval by
the City to perform the work. Performance of work by Consultant outside the originally
anticipated level of effort without the prior written consent of the City shall be at Consultant's
sole risk.
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2.7.15 Consultant shall establish and maintain files of documents, letters, reports, plans, etc.
pertinent to the Project. Consultant shall provide City with a copy of applicable Project
correspondence for City to file in its filing system. In addition, Consultant shall provide electronic
Project document files to the City, at the completion of the Project.
2.7.16 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.7.17 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having jurisdiction over
the Project, or such delays which are caused by factors outside the control of Consultant,
Consultant shall provide City with immediate written notice stating the reason for such delay and a
revised anticipated schedule of completion. City, upon review of Consultant's submittal and such
other documentation as the City may require, may grant a reasonable extension of time for
completion of the Project and may provide reasonable compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder properly, in
accordance with the standards of its profession and in conformance with applicable construction,
building and health codes and other applicable Federal, State and local rules, regulations and
laws, of which it should reasonably be aware, throughout the term of this Agreement. The City's
participation in the design and construction of the Project in no way relieves the Consultant of its
professional duties and responsibilities under applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with
respect to the services to be rendered under this Agreement (herein after referred to as Project
Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information,
interpret and define City policies and decisions with respect to Consultant's Services on this Project.
However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions
to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing
in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance
with Article 1.16 requirements, including but not limited to the following:
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FLAMINGO PARK Febmaiy 20, 2008
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such Services; or
c) The amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City
has available pertinent to the Project, including previous reports and any other data relative to design
or construction of the Project. It shall be fully understood that City, in making such reports, site
information, and documents available to the Consultant is in no way certifying representing and/or
warranting as to the accuracy or completeness of such data. Any conclusions or assumptions drawn
through examination thereof shall be the sole responsibility of the Consultant and subject to whatever
measure it deems necessary to final verification essential to its performance under this Agreement.
Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City
may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall
notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's
written consent, before proceeding with the work. If Consultant proceeds with the Additional Services
without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to
be within the original level of effort and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling
services as may be required at any time for the Project, including such auditing services as the City
may require to verify the Consultant's applications for payment or to ascertain that Consultant has
properly remitted payment due to sub consultants or vendors working on this Project for which
Consultant has received payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents, the City shall give prompt written notice thereof to the
Consultant.
3.6 The City shall furnish required information and services and render approvals and decisions in
writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services
and of the Work. No approvals required by the City during the various phases of the Project shall be
unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or
reject any proposed submissions of Consultant for any reasonable basis.
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3.7 The City Commission shall be the final authority to do or to approve the following actions or
conduct by passage of an enabling resolution or amendment to this Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or approve any
amendments or modifications to this Agreement, except when noted otherwise (i.e., where
delegated to the City Manager or his designee) in this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement or any interest therein and any
subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined
to include sale of the majority of the stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be expressed by
passage of an appropriate enabling resolution and, if an amendment, by the execution of an
appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision of the City
Manager's appointed designee(s), upon the Consultant's written request, in which case the
Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed
the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be
specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations (exclusive of
those authorizations reserved to the City Commission) to the Consultant. These authorizations shall
include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans,
reports, estimates, contracts and other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant
to this Agreement which are not otherwise expressly provided for in this Agreement, and
shall attempt to render administrative decisions promptly to avoid unreasonable delay in the
progress of the Consultant's Services. The City Manager, in his administrative discretion,
may consult with the City Commission concerning disputes or matters arising under this
Agreement regardless of whether such matters or disputes are enumerated herein.
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FLAMINGO PARK
Febn~a~y 20, 2008
3.8.2 The City Manager shall be authorized, but not required, at the request of the
Consultant, to reallocate monies already budgeted toward payment of the Consultant,
provided, however, that the Consultant's compensation or other budgets established by this
Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the City
authorized to issue a Notice to Proceed, as referenced in Article 2 and the attached
Schedule "A" entitled "Scope of Services".
3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum
of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by
the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase
any of the budgets established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or
inquire of or consult with persons for the purpose of receiving advice and recommendations
relating to the exercise of his powers, duties and responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be
exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force
Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission approval by passage of an enabling resolution and amendments to
the appropriate agreements relative to the Project, prior to any modification of the Construction Cost.
Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the
City shall have no obligation tc approve an increase in the Construction Cost Budget limitations
established herein, and, if such budget is exceeded, the City Commission may, at its sole option and
discretion, terminate this Agreement without any further liability to the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more than five percent
(5%), the City Commission shall, at its sole discretion, have any of the following options: (1) give
written approval of an increase in the Construction Cost Budget; (2) reject all bids or proposals,
authorize rebidding, or (if permissible) authorize a renegotiation of the Project within a reasonable
time; (3) abandon the Project and terminate the Consultant's Services for the Project covered by this
14
FLAMINGO PARK
Febmary 2Q, 2008
Agreement without further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with the
Consultant in reducing the Project scope, construction schedule, and sequence of Work, as may be
required to reduce the Construction Cost Budget. In the event the City elects to reduce the Project
Scope, the Consultant shall provide such revisions to the Construction Documents, and provide
rebidding services, as many times as reasonably requested by the City, as a Basic Service, with no
additional cost to the City, in order to bring the bids within five percent (5%) of the Construction Cost
Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a
written authorization by the Project Coordinator prior to commencement of same. Such authorization
shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule
"C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not
to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not
exceed without specific written authorization from the City. The "Not to Exceed" amount is not a
guaranteed maximum cost for the services requested by the City and all costs applied to such shall be
verifiable through time sheet and reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any subconsultants
whether previously retained for the Services or not or whether participating as members with Consultant
or not, subject to the City's right to previously approve any change in Consultants as set forth in this
Agreement.
5.3 Additional Services may consist of the following:
5.3.1 Serving as an expert witness in connection with any public hearing, arbitration
proceeding or legal proceeding unless such preparation has arisen from the failure of the
Consultant to meet the Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the
City's request and outside the scope of the Work specified in the Construction Documents,
after commencement of the construction phase.
5.3.3 Providing such other professional services to the City relative to the Project
15
FLAMINGO PARK
February 2Q, 2008
which arises from subsequent circumstances and causes (excluding circumstances and
causes resulting from error, inadvertence or omission of the Consultant) which do not
currently exist or which are not contemplated by the parties at the time of execution of this
Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts
for construction, materials, equipment or services, except as othervvise expressly provided
for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and are not in addition to the
compensation for Basic and Additional Services but include actual expenditures made by the
Consultant in the interest of the Project. The Reimbursable Expenses allowance as specified in
Schedule "B", belongs to the City and must be approved in advance by the City's Project Coordinator.
Unused portions will not be paid to the Consultant.
All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance
in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be
submitted by the Consultant to the City, along with supporting receipts, and other back-up material
reasonably requested by the City, and Consultant shall certify as to each such invoice that the
amounts and items claimed as reimbursable are "true and correct and in accordance with the
Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may include the
following:
6.2.1 Expense of reproduction, postage and handling of drawings, specifications and other
documents, excluding reproductions for the office use of the Consultant and sub-
consultants. Courier and postage between the Consultant and its sub-consultants are not
reimbursable.
6.2.2 Expenses for reproduction and the preparation of graphics for community workshops
6.2.3 Expenses for fees for all necessary permits.
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FLAMINGO PARK
ARTICLE 7. COMPENSATION FOR SERVICES
February 20, 2008
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule
"B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for
Basic Services shall be made within thirty (30) working days of receipt and approval of an acceptable
invoice by the City Project Coordinator. Payments shall be made in proportion to the Services
satisfactorily performed in each Phase so that the payments for Basic Services for each Phase shall
not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with
each invoice. No markup shall be allowed on subcontracted Basic Services.
The City and the Consultant agree that the Consultant's fee will be $404,992 for the provision of Basic
Services as described in the Agreement and Schedule "A" attached hereto, with a reimbursable
expense allowance of $38,007, as detailed in Schedule "B.
7.2 Additional Services authorized in accordance with Article 5 will be compensated using the hourly
rates forth in Schedule "C". Request for payment of Additional Services shall be included with the
monthly Basic Services payment request noted in Article 7.1 above.
All Additional Services must be approved by the Project Coordinator, in writing, prior to
commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed"
amount noted in Schedule "B be exceeded without prior written approval from the City Project
Coordinator. No markup shall be allowed on subcontracted Additional Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount
noted in Schedule "B" " (approved at $38,007.). Request for payment of Reimbursable Expenses shall
be included with the monthly Basic Services payment request noted in Article 7. Proper backup must
be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on
Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Project or the Consultant's Services is changed substantially and
materially, the amount of compensation may be equitably adjusted by mutual agreement of
the parties.
7.4.2 Commencing on February 20, 2007, the Hourly Billing Rate Schedule shown in
Exhibit "C" may be adjusted annually based upon the Miami -Fort Lauderdale Consumer
17
FLAMINGO PARK February 2Q, 2008
Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such
adjustment shall be calculated by multiplying the ratio of the April index divided by the
previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule.
The maximum increase will be limited to three percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld
from payments to Contractors.
7.6 Method of Billino and Payment. With respect to all Services, Consultant shall submit billings on a
monthly basis in a timely manner. These billings shall identify the nature of the work performed; the
total hours of work performed by employee category and the respective hourly billing rate associated
with the employee category from the Hourly Rate Schedule. In the event subconsultant work is
accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings
shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the
City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for
such Reimbursable. When requested, Consultant shall provide backup for past and current invoices
that records hours for all Services by employee category and reimbursable by category.
7.7 The City shall pay Consultant within thirty (30) working days from receipt of Consultant's proper
statement.
7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and
City Commission.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and require any and all Consultant and
subconsultants to keep such records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to the Project, and any expenses for which
Consultant expects to be reimbursed. All books and records relative to the Project will be available at
all reasonable times for examination and audit by City and shall be kept for a period of three (3) years
after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for City's disallowance of any fees or expenses
based upon such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
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FLAMOVGO PARK
Febn~ary 20, 2008
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates,
specifications, investigations and studies completed or partially completed, shall become the property
of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the
above documents to the City within thirty (30) days of completion of the Project, or termination of this
Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled
"Scope of Services" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the
specific purpose intended will be without liability to Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Agreement. In the event there is a
lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City
may cancel this Agreement as provided for herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the
Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2)
unreasonably delays the performance of the Services or does not perform the Services in a timely and
satisfactory manner, upon written notice to the Consultant. In the case of termination by the City for
cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice
from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole
option and discretion, may take over the Services and complete them by contracting with
another consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for
any additional cost 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.
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FLAMINGO PARK
February 2Q 2008
10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by
the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7
herein and the City shall have no further liability for compensation, expenses or fees to the
Consultant, except as set forth in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly
assemble and submit to the City, as provided herein or as required in the written notice, all
documents, including drawings, calculations, specifications, correspondence, and all other
relevant materials affected by such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made
(1) for Services not satisfactorily performed and (2) for assembly of submittal of documents,
as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for
Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to
terminate this Agreement, at its sole option, at any time, for convenience, without cause and without
penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon
notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates
Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the assembly and
submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and
the City shall have no further liability for compensation, expenses or fees to the Consultant, except as
set forth in Article 7.
10.4 Termination By Consultant. The Consultant may only terminate this Agreement for cause in the
event that the City willfully violates any provisions of this Agreement or unreasonably delays payment
for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event,
payment for Services satisfactorily performed by the Consultant and accepted by the City prior to
receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of
termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt
of written notice from the Consultant.
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of
the Consultant.
20
FLAMINGO PARK
February 20, 2008
10.5 Implementation of Termination. In the event of termination, either for cause or for
convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance
of Services under this Agreement on the date and to the extent specified in the Notice of Termination;
(2) place no further orders or subcontracts except for any that may be authorized, in writing, by the
Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent
that they relate to the performance of the Services terminated by the Notice of Termination; (4)
promptly assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, specifications, correspondence, and all other relevant materials
affected by the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, and as specifically set forth therein.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or
person, other than an employee working solely for the Consultant, to solicit or secure this Agreement;
and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or
other consideration contingent upon the execution of this Agreement. For breach or violation of this
warranty, the City has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the insurance
requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence
with work on this Project until satisfactory proof of the following insurance coverage has been
furnished to the City. The Consultant will maintain in effect the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per
occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant
shall notify City in writing within thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
(b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily
Injury and Property Damage coverage for each occurrence, which will include products, completed
operations, and contractual liability coverage. The City must be named as an additional insured on
this policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida.
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FLAMINGO PARK
February 20, 2008
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
modifications in the insurance coverage, to the Project Coordinator.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its
equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance
companies duly authorized to do business in the State of Florida and countersigned by the company's
Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies
required above. City reserves the right to require a certified copy of such policies upon request. All
certificates and endorsements required herein shall state that the City shall be given thirty (30) days
notice prior to expiration or cancellation of the policy.
ARTICLE 12. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and
other persons employed or utilized by the Consultant in the performance of the Agreement. This
Article 12, and Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein. Exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
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FLAMINGO PARK
ARTICLE 14. LIMITATION OF LIABILITY
February 20, 2008
14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services
agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of the
fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually
paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement in an amount in excess of the amount of fee under any this Agreement,
which amount shall be reduced by the amount actually paid by the City to Consultant for any action or
claim for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set
forth in Section 768.28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Eoual Oooortunitv Emolovment Goals: Consultant agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement because of race, color, religion,
sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that
applicants are employed and employees are treated during employment without regard to sexual
orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising,
layoff or compensation; and selection for training, including apprenticeships. Consultant agrees to
furnish City with a copy of its Affirmative Action Policy.
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FLAMINGO PARK
February 2Q, 2005
15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133,
Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to the City, may not submit a bid on a contract with the City for the construction
or repair of a public building or public work, may not bids or leases of real property to the City, may not
be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a
contract with the City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in
cancellation and may result in Consultants debarment.
15.4 No Continoent Fee: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or
firm other than a bona fide employee working solely for Consultant any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, City shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable investigation of all sub-
consultants to be utilized in the performance of work under this Agreement to determine that they
possess the skill, knowledge and experience necessary to enable them to perform the services
required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for
the performance of the work under this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with
all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of
Miami Beach, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies as they relate to this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or othewise
encumbered by Consultant, under any circumstances, without the prior written consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein; and the
24
FLAMINGO PARK
February 20, 2005
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, the parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Tim Hemstreet
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Jorge E. Chartrand
Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
777 17 Street, Suite 201
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Julio E. Alvarez, P.E., President
Wolfberg Alvarez and Partners
1500 San Remo Avenue
Suite 300
Coral Gables, Florida, 33146
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
25
FLAMINGO PARK
February 20, 2008
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in
their names by their duly authorized officers and principals, attested by their respective witnesses and
City Clerk on the day and year first hereinabove written.
Attest
CITY OF MIAMI BEACH
CITY CLERK MAYOR
Robert Parcber Matti Herrera Bower
CONSULTANT
Attest
Print Name
Wolfberg Alvarez and Partners
Print Name
APPROVEb AS TO
FORM & LANGUAGE
& FOR CUTION
~ Jk GP
iry mey e
26
~Q.llw Ic bWISYLt~ 1lzl.~o ~ (A~~b4t.~
FLAMINGO PARK
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND WOLFBERG ALVAREZ AND PARTNERS
SCOPE OF SERVICES
Please refer to attached Schedule.
Febrna~y 20, 2008
27
SCHEDULE A
FLAMINGO PARK
SCOPE OF A/E CONSULTANT SERVICES
CONSULTANT: Wolfberg Alvarez and Partners
BACKGROUND
On December 6, 2006, the Mayor and City Commission approved the issuance of Request for
Qualification (RFQ) No. 15-06/07 for architectural, engineering, planning, and landscape
architecture services for the planning, design, bid and award, and construction administration
services for the Flamingo Park Project. On December 15, 2006, RFQ No.15-06/07 was issued,
resulting in the City's receipt of three (3) qualification packages on January 19, 2007, and on
March 20, 2007, the evaluation committee appointed by the City Manager (LTC No. 052-2007)
ranked Wolfberg Alvarez and Partners as the top-ranked firm. On September 5, 2007, the
Mayor and City Commission authorized the Administration to execute and Agreement with
Wolfberg Alvarez and Partners for the Flamingo Park Project (Project), in an amount not to
exceeed $443,000, for architectural, engineering, urban design, and landscape architecture
services for the planning, design, bid and award, and construction administration services for
the Project.
SCOPE OF SERVICES
The CONSULTANT shall provide the architectural, engineering, master planning, landscape
architecture, and surveying, as necessary, for the Project. The work shall include, but not be
limited to, conceptual drawing(s), planning, survey, design development, estimate(s) of probable
cost, construction documentation, permitting, bidding /award, and construction administration
services for the Project.
Proiect Description:
The Project includes, but is not limited to, the following: renovation of, and improvements to, the
Flamingo Park facilities, including the demolition of existing facilities, and construction of a new
tennis center building; new tennis courts and lighting; provision of new restroom facilities;
renovation of , or improvements to the existing Friendship Corner; restoration of the existing
softball fields, basketball courts and handball courts; renovation of the baseball stadium; new
Flamingo Park
Schedule A
park lighting, and security lighting at entry promenade; landscape and irrigation improvements;
additional parking areas and improved vehicular access; pedestrian circulation/access along the
east /west and north/south axes; perimeter fencing; entry features and signage.
The Project's initial priorities are to construct a new tennis center, including courts and facilities;
provide accessible restrooms; and enhanced park lighting. The CONSULTANT shall prepare
and present the proposed plans at community meetings and coordinate the renovation with the
various users and interest groups.
The CONSULTANT will be responsible for coordinating this work with future and/or ongoing
streetscape designs and construction projects.
Basic Services consist of the following:
TASK 1 -PLANNING SERVICES
The purpose of this Task is to develop a concept plan that meets the City's functional
requirements, incorporates community input, and stays within established schedule and cost
parameters
The Planning Phase of the Project will include the following major tasks: (1) Project Kick-Off
Meeting; (2) Project Site Reconnaissance Visit; (3) Programming Session; (4) Review Meeting
prior to Community Design Workshop; (5) Community Design Workshop to present the
CONSULTANT'S plan, and provide residents the opportunity to participate in the planning
process; (6) preparation of a draft Basis of Design Report (BODR); (7) review of BODR with City
Departments; (8) preparation and presentation of a final BODR for approval by the Mayor and
City Commission.
It is anticipated that one (1) Community Design Workshop (CDW) will be held to present the
preferred plan and to gain the consensus of the community. Based on the results of this
CDW's, a phasing plan will be developed by the CONSULTANT in conjunction with City staff, for
the design and construction of the facilities in separate and distinct phases. It is the intent of the
Administration, once .the phasing plan is completed, to proceed with the design and
construction documents of the tennis center facility and the adjacent tennis courts first and
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proceed with the procurement of an initial construction contract for that portion of the scope of
work. A final BODR shall then be prepared summarizing the accepted design concept, budget
level cost estimate and implementation schedule as noted in Task 1.8.
In addition, please note that to facilitate the implementation of the CITY's Public Information
Program, the CONSULTANT shall provide electronic files of all project documents upon request
by the CITY.
Task 1.1 -Proiect Kick-Off Meeting: The CONSULTANT shall meet with the CITY to review
existing planning documents and receive copies of available reference documents. CITY shall
provide general information regarding procedures and direction. The CONSULTANT shall
prepare draft meeting minutes and forward them to CITY for review and comments. The
CONSULTANT shall finalize and distribute, accordingly. The CONSULTANT shall schedule a
reconnaissance visit of the Project site, to be attended by critical CONSULTANT personnel, as
well as key CITY staff.
Deliverables: -Attend Project kick-off meeting.
- Prepare and distribute Meeting Minutes
Schedule: -See Schedule D -Project Schedule
Task 1.2 -Proiect Site Reconnaissance Visit: The CONSULTANT shall attend a Site
Reconnaissance Visit. This site visit shall also be attended by applicable CITY staff. The intent
of this task is to facilitate the CONSULTANT'S understanding of the Project needs. The
CONSULTANT shall prepare draft meeting minutes and forward them to the CITY for review
and comments. The CONSULTANT shall finalize and distribute, accordingly.
Based on the results of the site visit and materials presented at the Kickoff Meeting, the
CONSULTANT shall develop a preliminary Project concept that is responsive to the Project
program, budget, and schedule. Initial testing parameters and investigative work
recommendations, including any proposed treatments, shall also be identified. The
CONSULTANT shall assemble graphic images identifying alternative Project design concepts, if
applicable, to allow the CITY a full understanding of proposed improvement alternatives. All
such alternative design concepts shall also take into account other Project requirements as
defined within this Schedule A. The CONSULTANT shall prepare preliminary "budget" level
cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for
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each work component /alternative design, indicating opinions of probable cost. Estimates shall
present costs by category types (i.e. site-work, concrete, masonry, specialties, electrical,
mechanical, plumbing, lighting, landscaping, etc.; CSI format) and shall be prepared in a
Microsoft Excel Spreadsheet format.
Deliverables: -Attend Site Reconnaissance Project Site Visit
- Prepare and distribute meeting minutes
- Develop Project concept as noted above
- Develop "budget" level cost estimates
Schedule: -See Schedule D -Project Schedule
Task 1.3 - Attend "Programming" Session: The CONSULTANT shall attend a
"Programming' session to be scheduled with representatives of the CITY and the
CONSULTANT. The purpose of the "Programming" session shall be to clarify Project goals to
the user group(s) and to prepare for the Community Design Workshop. At this meeting, the
CONSULTANT shall present its Project concepts and document input from the various CITY
attendees. In this effort, the CONSULTANT shall make revisions to its proposed concept plan,
as necessary, to develop a Recommended Approach. This is the approach that will be
presented at the Community Design Workshop. The CONSULTANT shall prepare draft meeting
minutes and forward them to the CITY for review and comments. The CONSULTANT shall
finalize and distribute, accordingly.
Deliverables: -Attend "Programming" session with representatives from the
CITY.
- Revise proposed concept and develop final materials for a
Recommended Approach as approved by the CITY
Schedule: -See Schedule D -Project Schedule
Task 1.4 -Review Meeting Prior to Community Design Workshoo(s)• The CONSULTANT
shall meet with applicable CITY staff to ensure that any and all concerns regarding Project
scope, schedule and cost parameters are addressed prior to scheduling the Community Design
Workshops (CDW's). The CONSULTANT and its key sub-consultants shall attend all meetings.
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CONSULTANT shall prepare and distribute meeting minutes, accordingly.
Deliverables: -Meet with representatives of the CITY during work performed for
Task 1.1 through 1.3.
Schedule: -Through completion of Task 1.1 through 1.3.
Task 1.5 -Community Desis~n Workshoa: The intent of the Community Design Workshop
(CDW) is to provide the CONSULTANT the opportunity to present the proposed improvements
to the community for the purpose of achieving general consensus with residents. Design
workshops provide an opportunity for City residents to participate in the planning process for
projects in their respective neighborhoods. It is anticipated that one (1) community workshop
shall be conducted. The CITY will schedule, find location for, and notify residents of such
meeting. The CONSULTANT shall prepare all materials for presentation at the workshop. At a
minimum, these shall include presentation materials, "full size" specialty graphics, which depicts
the proposed improvements, a summary of cost estimates, workshop agendas, resident
comment cards and requisite copies of each. It is anticipated that the CONSULTANT will utilize
a "PowerPoint" type format for its presentation, with support from standalone graphics and
handout materials. In addition, the CONSULTANT shall prepare draft meeting minutes and
forward them to the CITY for review and comment. The CONSULTANT shall finalize and
distribute the final minutes accordingly. The workshop is intended to address specific design
issues as discussed in the following:
Task 1.5.1 Community Design Workshop -The workshop is intended to provide
community residents with a review of the proposed Project scope, budget, and schedule.
The CONSULTANT shall prepare full size presentation graphics illustrating existing
conditions (Site Analysis Maps) and proposed Project components developed under
Tasks 1.2 and 1.3. In addition, graphics shall be prepared presenting a summary of
probable costs for the various improvements and the workshop agenda. "Budget" level
cost estimates shall be +30%, -15% as defined by the American Association of Cost
Engineers. Based on this data, the CONSULTANT shall present the plan for proposed
improvements and design alternatives, if applicable, to attendees. Applicable CITY staff
shall also attend the meeting, and assist the CONSULTANT with responses to resident
questions as they pertain to CITY related issues. The CONSULTANT shall note
reasonable design / concept revision requests from residents for review and
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incorporation into the proposed plan. Due to the fixed nature of funding on the Project,
budget limits must be adhered to. Hence, the CONSULTANT shall be prepared to
discuss budgets and the various impacts of resident requested revisions on such,
accordingly. The CONSULTANT shall prepare draft meeting minutes and forward them
to the CITY for review and comment. The CONSULTANT shall then finalize and
distribute the final minutes, accordingly.
Deliverables: - Prepare materials, attend and conduct Community
Design Workshop
Schedule: -See Schedule D -Project Schedule
Task 7.6 -Basis of Desisrn Resort (DRAFTI: The CONSULTANT shall prepare a draft Basis
of Design Report (BODR) presenting the results of the Community Design Workshop(s) and
final consensus /funded design plan. The BODR shall include a summary of findings, site plan,
and exhibit(s) illustrating all proposed improvements under the current phase of the Project,
inclusive of the demolition of existing facilities, and construction of a new tennis center building;
new tennis courts and lighting; provision of new restroom facilities; renovation of or
improvements to the existing Friendship Corner; restoration of the existing softball fields,
basketball courts and handball courts; renovation of the baseball stadium; new park lighting,
and security lighting at entry promenade; landscape and irrigation improvements; additional
parking areas and improved vehicular access; pedestrian circulation/access along the east
/west and north/south axes; perimeter fencing; entry features and signage. In addition, the
BODR shall include sufficient detail in plans, sections, notes, and key descriptions to facilitate
review by the various CITY permitting and planning divisions discussed in Task 1.7.
As a minimum, the draft BODR shall include discussions and graphics illustrating:
• Executive Summary summarizing the contents of the BODR.
• A section reviewing the existing conditions to be improved.
• A section reviewing the planning and programming process and development of
the final recommended funded improvement plan. This section shall included
detailed presentations of all proposed improvements.
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• A Project implementation plan, inclusive of demolition, utilities, buildings,
landscaping, lighting, vehicular access /parking, and general site improvements
(inclusive of recommended preliminary testing and analysis to be completed as an
additional service) with a discussion of expected impacts to the facility operations.
• A preliminary concept plan and design alternatives, if applicable.
• A section discussing general concepts which are unfunded items, but were
byproducts from the planning process.
• A "budget" level cost estimate prepared in conformance with format provided by
CITY. Estimates shall be provided for both current (funded) and unfunded
improvements. Based upon the CONSULTANT'S cost estimate, if the current
(funded) improvements should exceed the Project budget, the CITY shall advise
the CONSULTANT if the Project scope is to be reduced, phased and/or bid as
alternate bid items to meet budgetary constraints. The CONSULTANT shall revise
the draft BODR to reflect such issues accordingly at no additional cost to the
CITY.
• A schedule for implementing the Project by phases (i.e. design, bid/award,
construction, as applicable) including critical issues and the time period allowed
for resolving each issue.
• Discussion regarding permitting authorities having jurisdiction over Project and
provide a list of permits typically retained by the Owner and / or contractor.
Unique and / or special permitting requirements shall be identified as well as
permitting fees.
Five (5) copies of the draft BODR shall be provided to the CITY for initial review and comments
and shall contain the following sections, as a minimum: Executive Summary, Purpose and
Scope, Existing Conditions, Funded Improvements and Unfunded Plan, Permitting and
Implementation and Cost Estimates.
Deliverables: -Prepare 35 copies of the draft BODR.
Schedule: -See Schedule D -Project Schedule
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Task 1.7 -Review of Draft BODR with the CITY Departments: The CONSULTANT shall
meet to receive, present and review the draft BODR with the following CITY Departments:
• City of Miami Beach Parks and Recreation Department
• City of Miami Beach Police Department
• City of Miami Beach Planning Department
• City of Miami Beach Public Works Department
• City of Miami Beach Fire Department
• City of Miami Beach Parking Department
• City of Miami Beach Tourism and Cultural Development Department
The CITY will forvvard copies of the draft BODR to the above noted CITY Departments.
Comments shall be solicited and forvvarded to the CONSULTANT for review /comment /
response / incorporation into the draft BODR document. It is anticipated that the
CONSULTANT shall attend a total of up to two meetings with the various CITY Department
representatives to review the various CITY Department comments. The applicable CITY staff
will attend the noted review meeting(s) and assist the CONSULTANT, as practicable. However,
the CONSULTANT retains final responsibility for procuring all necessary approvals, and for
implementing required revisions and resubmissions as necessary. The CONSULTANT and its
key sub-consultants shall attend all meetings as deemed necessary. It is recognized by the
CITY that the time period for obtaining approvals from the various review agencies is beyond
the control of the CONSULTANT, except for issues concerning the acceptability of the proposed
design concepts and the CONSULTANT's ability to respond to review agency comments.
Hence, the CONSULTANT shall address and respond to comments received from the various
reviews in writing, and implement requested revisions into the draft BODR, as agreed with the
CITY, within fifteen (15) calendar days of receipt of comments, unless agreed to otherwise with
the CITY.
Upon incorporating the comments received from the various CITY Departments; the
CONSULTANT shall revise its draft BODR and then present the final BODR (with requisite
graphics and PowerPoint presentation materials) to the Historic Preservation Board.
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Deliverables: -Attend BODR review meetings.
-Address comments and revise BODR accordingly.
- Present BODR to HPB
Schedule: -See Schedule D -Project Schedule
Task 1.8 -Final Master Plan /Basis of Design Reoort tBODRI: The CONSULTANT shall
prepare a final BODR based on comments and revisions implemented during the reviews with
the various the CITY Departments /review entities as noted in Task 1.7. This final BODR serves
as the basis for development of detailed design documents as discussed in Task 2. It shall also
be used as the basis for the CONSULTANT'S presentation of the Final BODR to the City
Commission for approval. If the City Commission directs revision to the Final BODR ,the
CONSULTANT shall prepare an Addendum, in the CITY provided format, for distribution to all
Final BODR holders.
Deliverables: -Prepare 35 copies of a final BODR and Addendum, as
necessary.
- Present the final BODR to the City Commission for
approval
Schedule: -See Schedule D -Project Schedule
Task 1.9 -Additional Review Meetings:
In addition, to all required efforts noted above, the CONSULTANT shall note that the CITY may,
at its discretion, substitute one of the meetings described in Task 1, for a meeting with a Board,
Committee or Agency, as deemed necessary, in subsequent Tasks.
TASK 2 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of Contract Documents
for the Project. Note that Task 2.1, requires that the CONSULTANT perform a variety of forensic
tasks to verify, to the extent practicable, existing conditions and the accuracy of any available
as-built drawings and base maps to be used for development of the contract drawings. Task
2.2, discusses requirements for the preparation of Contract Documents, inclusive of drawings,
specifications and front-end documents. Task 2.3, establishes requirements with regard to
constructability and value engineering reviews to be performed by others. Task 2.4, establishes
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requirements for the preparation of opinions of total probable cost by the CONSULTANT. Task
2.5, specifies requirements for review of Contract Documents with jurisdictional permitting
agencies prior to finalization. Task 2.6, establishes requirements for developing final (100%)
Contract Documents. To facilitate the implementation of a Public Information Program, the
CONSULTANT shall provide electronic files of all Project documents, as requested by the CITY
The CONSULTANT shall provide the electronic files for the front-end documents, technical
specifications, and construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
Task 2.1 -Verification of Existing Conditions: The CONSULTANT shall obtain all available
As-Built drawings, perform structural evaluation of the structures, perform a detailed topographic
survey of the existing Project site. The survey shall be performed by a Professional Land
Surveyor in the State of Florida, and shall meet the minimum technical standards identified in
Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD Version 2000, or latest
version, with a layering system as directed by the CITY. As a minimum, the survey shall
address the following:
• Baseline of survey shall be tied into the right-of-way and sectionalized land
monuments. Right-of-way information shall be obtained from available records by
the CONSULTANT.
• The CONSULTANT shall set benchmarks at convenient locations along the site to
be used during both the design and construction phases of the Project.
• An Elevation Certificate of the existing buildings.
• The CONSULTANT shall locate and identify existing surface improvements /
topographic features that are visible within the Project site, including but not limited
to, the following:
• Marking of all property corners, location and details of the existing buildings
including overall dimensions and finished floor elevations.
• Existing valve boxes, water /electrical meter boxes, electrical pull boxes, telephone
/ cable risers, fences, hydrants, etc.
• Aboveground and underground utilities invert elevations of accessible underground
utilities, wood / concrete utility poles, culverts, guardrails, pavement limits,
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headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, trees,
landscaping, traffic signage and any other noted improvements. Survey shall
identify fence material /height, and driveway construction materials. Landscaping
materials with a trunk diameter greater than 6 -inches in diameter shall be
identified individually. Materials with smaller diameters shall be illustrated in
groupings.
• Survey limits shall include the entire Project site and an additional overlap to
encompass all adjoining areas potentially impacted by the Project.
• Survey Topographic survey /base map shall be prepared in AutoCAD Version 2000
or latest, and submitted on recordable Compact Disk with three (3) signed and
sealed copy on 24-inch by 36-inch bond paper. Note that all standards from the
DSM shall apply to the development of the survey document. In addition, the
CONSULTANT shall submit 3 copies of a preliminary Draft Survey for CITY review
and comment. The CONSULTANT shall prepare a final survey submittal package
based on addressing any /all comments submitted through this review process, to
the satisfaction of the CITY. All CAD mapping shall be performed to a scale of 1:1 in
the World Coordinate System. Text size shall be 100 Leroy for a final product at
1=20 units.
Upon completion and acceptance of the final survey, the CONSULTANT shall forward
same to the following agencies with a request to mark /identify respective utilities on the
survey base map. The CONSULTANT shall coordinate this effort with each agency in
an effort to identify the location of all existing underground utilities. The CONSULTANT
shall incorporate utility owner markups /edits into its survey base map file. The
CONSULTANT shall contact the following entities and request that they each verify
locations of their existing improvements in the affected areas:
• Florida Power and Light Company
• BellSouth
• Miami-Dade Water and Sewer Authority
• Charter Communications (Atlantic Broadband)
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• Natural Gas provider
• City of Miami Beach Public Works Department
• Others as deemed necessary by the CONSULTANT
The CONSULTANT shall also request information regarding any future proposed improvements
by each agency. To facilitate tracking of the progress made in this work effort, the
CONSULTANT shall copy the CITY on all correspondence with each agency. In addition, the
CONSULTANT shall keep a readily accessible and properly labeled /collated file of all
correspondence and markups provided to it by the various agencies for reference use by the
CITY and/or CONSULTANT, during construction.
The CONSULTANT shall become familiar with the Project site through frequent site visits,
research, and examination of any record drawings, as applicable, and shall notify the CITY of
any field, onsite, or off-site conditions not shown or incorrectly shown on record drawings, as
may have been reasonably discovered. At the CONSULTANT'S request, the CITY shall
facilitate the CONSULTANT's access to the Project site and or facilities for investigative
purposes. These site visits are part of the CONSULTANT'S Basic Services, are considered due
diligence, and the CONSULTANT shall receive no additional compensation for such design
phase site visits and meetings. Provided that the CONSULTANT has conducted a good faith
investigation, the CONSULTANT and CONSULTANT'S sub-consultants shall not be responsible
or held liable for undiscovered hazardous conditions or materials.
Based on the collected data, the CONSULTANT shall develop detailed design base maps for
the Project. The maps shall include an overall key map and partial plans scaled at 1-inch equals
20 feet or a scale that better suits the Project requirements. CONSULTANT shall illustrate
proposed improvements on the site plan and shall prepare final site plan based on the
information gathered herein. Copies of base maps shall be distributed to CITY.
Deliverables: -Perform work as noted to develop final survey. Deliver
three (3) draft and five (5) final signed and sealed surveys
to CITY.
Schedule: -See Schedule D -Project Schedule
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Task 2.2 -Detailed Desian: The CONSULTANT shall prepare detailed design documents
consisting of architectural, structural, civil, mechanical, electrical, landscape, and irrigation
drawings, as applicable. All Contract Documents are to be provided in accordance with the
applicable architectural and engineering design standards, and in accordance with the
requirements of all.applicable state, local and federal regulatory agencies having jurisdiction
over the Project. The CONSULTANT shall use CITY standard details as provided by CITY, and
as deemed appropriate by CONSULTANT. The CONSULTANT shall provide additional
sections that may be required, and are not already provided through the CITY standards, as it
deems necessary, to provide CITY with a complete work product. All drawings shall be
prepared using AutoCAD Version 2000 software, or latest, with a layering system as approved
by CITY.
Technical specifications shall be prepared in conformance with Construction Specifications
Institute (CSI) formats. The CITY shall furnish the CONSULTANT with standard CITY
specification outlines for Division 1. Any supplier listings required by specifications shall include
a minimum of two (2) named supplier's, and shall meet all applicable CITY and State of Florida
procurement codes. Specifications shall be provided to the CITY, and or CONSULTANT in
"Microsoft MS-Word" format. In addition, the CONSULTANT shall use the same software in all
Project related work. The CONSULTANT shall utilize base front-end documents provided by the
CITY. The CONSULTANT shall edit accordingly to result in a Project specific document. Any
requirements for Supplementary General Conditions shall be subject to review and acceptance
by the CITY.
The CONSULTANT shall attend monthly Design Progress Meetings with CITY staff, as
applicable. CONSULTANT shall provide, and maintain a design progress schedule in Microsoft
Project Planner. CONSULTANT shall update the schedule and review Project status at each
progress meeting. Should the CITY determine that the CONSULTANT has fallen behind
schedule; the CONSULTANT shall provide a recovery schedule that shall accelerate work to get
back on schedule.
The CONSULTANT shall submit monthly invoice requests for its services, accompanied by an
updated design progress schedule, as requested by the CITY. Invoices shall be prepared in a
format as provided by the CITY.
For purposes of this Scope of Services, the following will be considered the minimum effort to
be provided by the CONSULTANT for establishing detail design milestone submittals. Note that
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CITY review procedures, and CONSULTANT'S responsibilities associated with such, are
discussed under Task 2.3:
• The 50% design completion stage milestone shall consist of the completed
survey, work products of the previously outlined Tasks, with all proposed
improvements identified in approved BODR, illustrated in plan and elevation
views, and with applicable sections and details. In addition, the CONSULTANT
shall include draft technical specifications and a draft schedule of prices bid (bid
form) identifying the items to be bid by the prospective contractors with the
submittal. Also, this submittal shall include the CONSULTANT'S "Budget" level
opinion of probable cost as defined by the American Association of Cost
Engineers.
Prior to the preparation of the 50% design completion stage drawings, the
CONSULTANT shall incorporate changes to its design based upon its existing
as-built /existing conditions verification efforts and review comments received,
as noted in Task 2.3 below.
• The 100% design completion stage milestone shall consist of a final construction
document set including the front-end documents (general and supplemental
conditions), technical specifications and construction drawings for all work
proposed to be completed. The CONSULTANT shall include detailed
construction sequencing restrictions, and special conditions for the CITY'S
review with this submittal. Prior to the preparation of the 100% design completion
stage drawings, the CONSULTANT shall incorporate changes to its design
based upon review comments received, as noted in Task 2.3, below. In addition,
the CONSULTANT shall provide its "Definitive" level opinion of probable cost as
defined by the American Association of Cost Engineers with this submittal.
Documents shall also include all constructability and design review comments,
City of Miami Beach Building Department permitting pre-approval comments as
may be provided by the C ITYand/orjurisdictional review agency.
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Deliverables: -Furnish sets of design documents as requested by the CITY.
- Prepare and update Project invoices and schedule tracking
spreadsheets, on a monthly basis.
- Attend progress meetings with CITY staff
Schedule: -See Schedule D -Project Schedule
Task 2.2.1 - Geotechnical Evaluation:
See Task 6.4
Task 2.3 - Desian / Constructability Review: To verify that the CONSULTANT is in
compliance with the required BODR and CITY's requirements, the CITY shall perform reviews
of all Project design documents, including cost estimates, at the 50 and 100% design
completion stage submittals. Note that the 100% design completion stage submittal will
incorporate the pre-approval review comments from the Building Dept. and will be used to
procure permits from jurisdictional review agencies, and/or may be utilized to obtain pricing.
The purpose of these reviews shall be to verify that the documents are consistent with the
design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical
specifications and full-size (24-inch by 36-inch) and half size (11-inch by 17-inch) scaled
drawings as requested by the CITY and as noted in the Task 2.2 deliverables. CITY staff shall
perform reviews on these documents and provide written comments (in "Excel" spreadsheet
format) back to the CONSULTANT within the timeframes specified in Project Schedule -
Schedule D.
Following receipt of comments by the CONSULTANT, a meeting may be scheduled between
the CITY, the CONSULTANT, to discuss the requirements, intent and review of the comments.
The CONSULTANT shall prepare a written memorandum to address how each comment was
resolved. Such written memorandum shall be prepared and submitted to CITY for review /
approval, within ten (10) working days after the review session. The responses shall be in the
spreadsheet format provided to the CONSULTANT. In addition, the CONSULTANT shall revise
its documents to address all review comments accordingly, to the satisfaction of the CITY.
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In addition, the CITY shall perform constructability reviews of the design documents relative to
value, construction sequencing /schedule, and bid format. These reviews shall be based upon
50 and 100% design submittals received from the CONSULTANT and shall be conducted
concurrently with the 50 and 100% design reviews. These constructability review meetings
shall be held with the CONSULTANT and the CITY representatives to discuss review
comments, as required. A detailed review of CONSULTANT's proposed construction
sequencing restrictions will be performed by CITY at the 50 and 100 % completion stages.
The CONSULTANT shall note that the CITY's review of the Contract Documents does not
relieve the CONSULTANT from its responsibility to the CITY with regard to the quality of its
contract documents.
Deliverables: - Attend meetings with the CITY staff, as applicable, to
review and discuss design constructability and value
comments.
- Prepare written responses to comments made during
reviews.
Schedule: - Complete concurrently with Design Schedule
Task 2.4 -Cost Opinions: The CONSULTANT shall prepare opinions of probable construction
costs for the 50 and 100 percent design completion stage submittal. The accuracy of the cost
estimate associated with the 50 percent completion stage shall be +30% to -15% "Budget"
Level as defined by the American Association of Cost Engineers. The accuracy of the cost
estimate associated with the 100 percent completion stage submittals shall be a +15% to -5%
"Definitive' Level Estimates as defined by the American Association of Cost Engineers. All
estimates shall be submitted in Microsoft "Excel" format in accordance with the template
supplied by CITY. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. The
CONSULTANT shall advise the CITY immediately when the Project cost estimate exceeds the
budget established by the CITY. Based upon the CONSULTANT'S cost estimate, the CITY will
advise the CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
alternate bid items to satisfy existing budgetary and fiscal constraints. In this effort, the
CONSULTANT may be required to attend a series of meetings and develop alternative cost
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savings options for CITY consideration, if the estimates show that the projected Project cost will
exceed the target budget. The CONSULTANT shall revise the contract documents to reflect
necessary revisions to meet budget parameters at no additional cost accordingly.
Deliverables: -Prepare opinions of probable costs at the 50 and 100%
completion stage.
- Attend meetings with the CITY staff to review and discuss
cost estimates. This Task includes development of any
required cost savings alternatives, and implementation /
revision of documents to address such items, as necessary
to meet established budget parameters.
Schedule: -Complete concurrently with Design Schedule.
Task 2.5 - Permittins~ Reviews: The CONSULTANT shall prepare applications and such
documents and design data as may be required to procure approvals from all such
governmental authorities that have jurisdiction over the Project. The CITY shall pay all permit
fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. The CONSULTANT shall respond to comments by such
authorities within ten working days of receipt of comments unless a different time is agreed to by
CITY. It is the intent of this scope of services that the CONSULTANT be the responsible party
for formally transmitting and receiving permits to and from the respective jurisdictional
authorities. However, since the CITY will track and monitor progress on the preparation and
review of permits and subsequent requests for information, the CONSULTANT shall copy the
CITY on all permit related correspondence. This includes CONSULTANT generated minutes
from meetings held with related parties. It is recognized by CITY that the time period required
for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues
concerning the permutability of the proposed design and the CONSULTANT'S ability to respond
to permitting agency requests for information in a timely manner. At the time of scope
preparation, the following governmental authorities that have or may have jurisdiction over
Project have been identified:
United States Environmental Protection Agency
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• U.S. Army Corps of Engineers
• Florida Department of Transportation
• Florida Department of Environmental Protection
• South Florida Water Management District
• Miami-Dade Water and Sewer Authority
• Miami-Dade Department of Public Works
• Miami-Dade Department of Health and Rehabilitative Services
• Miami-Dade Department of Environmental Resource Management
• The City of Miami Beach Building Department
• The City of Miami Beach Planning Department
• The City of Miami Beach Historic Preservation Board
• The City of Miami Beach Public Works Department
• The City of Miami Beach Fire Department
Note that the CITY's failure to identify governmental authorities that have jurisdiction over
Project at this time does not relieve the CONSULTANT from the responsibility to procure all
requisite permits.
Deliverables: - Correspond with jurisdictional authorities to establish
permitting requirements.
- Revise documents and respond to permitting inquiries
as required.
- Attend meetings with the CITY and permitting agency
staff, as required, to review, discuss and finalize permit
procurement
Schedule: - Complete concurrently with the design schedule
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Task 2.6 -The CONSULTANTS QA/QC of Design Documents: The CONSULTANT shall
establish and maintain an in-house Quality Assurance /Quality Control (QA/QC) program
designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of
its contract documents. To this end, the CONSULTANT shall provide the CITY with a written
narrative detailing its QA/QC program tasks and how it is to be implemented over the course of
this Project. The CITY, at its discretion, may require that the CONSULTANT attend meetings to
review the status and present results of its QA/QC efforts.
TASK 3 -BIDDING AND AWARD SERVICES
Please note that the Tasks below address the level of service required for a traditional
Advertise/Bid/Award process. If an alternative delivery method is selected, it is understood that
the CONSULTANT'S hours assigned to traditional bidding tasks would be re-distributed, on a
not to exceed basis.
Task 3.1 -Construction Contract Document Review: The CONSULTANT shall assist the
CITY in the bidding and award of the construction contract. The contract documents prepared
by the CONSULTANT shall be transmitted to the CITY's Risk Management, Legal and
Procurement Departments for verification of appropriate insurance, form and bonding capacity
requirements. The CONSULTANT shall assist the CITY in this process by providing three
copies of each Construction Contract Document and participating in meetings, submissions,
resubmissions and discussions with these departments, as necessary. The CONSULTANT
shall respond to CITY comments within ten calendar days of receipt of comments unless a
different time schedule is agreed to by the CITY.
Task 3.2 - Bid Document Delivery: The CONSULTANT shall provide the CITY with
reproducible, sets of contract documents, including digital plot files. These documents shall
include responses to all comments obtained during permit reviews and shall incorporate all
corrections required by the permitting agencies. The CITY Procurement Department shall
reproduce documents and handle the advertising, distribution, sale and maintenance of plan
holder lists.
Task 3.3 -Pre-Bid Conference: The CITY shall conduct one pre-bid conference
Page 19 of 28
Flamingo Park
Schedule A
Task 3.4 -Addenda Issuance: The CONSULTANT shall provide, through CITY, timely
responses to all inquiries received by the CITY from prospective bidders. These responses shall
be prepared as written addenda, with the format for such addenda as provided to the
CONSULTANT by CITY. These queries and responses shall be documented and a record of
each shall be transmitted to the CITY on a same day basis. The CITY shall prepare necessary
addenda.
Task 3.5 -Bid Evaluation and Bid Ooenina: CITY will forward Bids to the CONSULTANT,
who in turn shall evaluate bids for completeness and full responsiveness and shall make a
formal written recommendation to the CITY regarding the award of the contract. Non-technical
bid requirements shall be evaluated by others.
Task 3.5.1 -Sub-contractor(s) Bid Evaluation and Bid Openina• Bids shall be evaluated
by the contractor who shall make a recommendation to the CITY regarding the acceptance and
award of bids to qualified responsive and responsible subcontractors. Copies of sub-
contractors bids will be provided to CONSULTANT for review and comment, as applicable.
This scope of services includes no allowance for the CONSULTANT'S time to assist the CITY in
the event of a bid protest. To the proportionate extent the CONSULTANT'S services are
required in the event of a bid protest, due to a direct action or lack thereof by the
CONSULTANT, the CONSULTANT shall participate in such activities at no additional cost to the
CITY.
Task 3.6 -Contract Award: The CONSULTANT shall provide sets of Construction Contract
Documents for execution by the CITY and successful bidder within five (5) calendar days of
request by the CITY.
Task 3.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction
conference, the CONSULTANT shall prepare As-Bid construction contract documents, which
incorporate the following items:
Contractor's bid submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
Amend /modify front-end documents and / or technical specifications to
incorporate changes made via contract addenda.
Page 20 of 28
Flamingo Park
Schedule A
Revise construction documents to include modifications /revisions incorporated
via contract addenda as well as the previously incorporated permit review
comments.
The CONSULTANT shall prepare As-Bid Construction Documents and reproduce sets, as
requested, for distribution to CITY within ten (10) calendar days after City Commission approval
/ contract execution.
Deliverables- -Attend and participate in Pre-bid conferences and bid openings.
- Respond to questions from prospective bidders and prepare Addenda
for distribution by others.
- Prepare recommendation of award letter.
- Prepare As-Bid Contract Documents, reproduce sets and forward to
CITY.
Schedule: -See Schedule D -Project Schedule
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks related to the construction administration
of the Project. These tasks shall be performed for the duration of the construction of the
Project.
The CONSULTANT shall follow uniform procedures and guidelines for managing the interface
between the CITY and CONSULTANT staffs. The CITY shall provide the CONSULTANT with
sample management manuals, as required.
CONSULTANT'S compensation is based upon a construction period of approximately 8 months.
Task 4.1 -Pre-Construction Conferences: The CONSULTANT shall attend one pre-
construction conference for the Project. The CONSULTANT shall prepare and distribute
meeting minutes to all attendees and other appropriate parties. At this meeting, it is anticipated
that the CITY will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued
Page 21 of 28
Flamingo Park
Schedule A
upon receipt and approval of a construction schedule, schedule of values, submittal schedule
and procurement of all applicable construction permits from the contractor.
Deliverables: - Attend and participate in one pre-construction conference
for the Project and prepare meeting minutes.
Schedule: - As scheduled by CITY after receipt of Task 4, Notice to
Proceed.
Task 4.2 - ei-Weekly Construction Meetings: The CONSULTANT shall attend bi-weekly
construction meetings with the contractor and applicable CITY representatives, as required. The
purpose of these meetings shall be to review the status of construction progress, shop drawing
submittals and contract document clarifications and interpretations. In addition, the
CONSULTANT shall review the contractor's furnished two-week look ahead work schedule to
allow for proper coordination of necessary work efforts. These meetings shall also serve as a
forum for discussion of construction issues, potential changes /conflicts and any other
applicable matters. The meetings may include site visits to visually observe /address
construction related concerns. The site visits shall be separate and distinct from the "Specialty
Site Visits" discussed under Task 4.6. The CONSULTANT shall prepare and distribute meeting
minutes to all attendees and other appropriate parties.
Deliverables: -Attend and participate in Bi-weekly construction progress
meetings, as required, and prepare meeting minutes.
Schedule: - Bi-Weekly throughout the Project duration.
Task 4.3 - Requests for Information /Contract Document Clarification (RFIs / CDCsI• The
CONSULTANT shall receive, log and process all RFIs / CDCs. Whenever an RFI involves the
interpretation of design issues or design intent, the CONSULTANT shall prepare a written
response within the timeframe specified in the construction contract and return it to the
contractor. The CONSULTANT shall distribute and update the RFI log at each progress
meeting. In addition, the CONSULTANT may be requested by the CITY to prepare and forward
CDCs should certain items within the contract documents require clarification.
Page 22 of 28
Flamingo Park
Schedule A
Deliverables: - Respond to those RFI's that involve design interpretations
and return to contractor and CITY's office. Prepare RFI log
and distribute at meetings.
- Issue CDCs as required.
Schedule: - Ongoing throughout Project construction duration.
Task 4.4 - Requests for Changes to Construction Cost and/or Schedule• The
CONSULTANT shall receive, log, evaluate all requests for Project cost and/or schedule
changes from the contractor, and report such, to the CITY at progress meeting. The
CONSULTANT shall distribute and update the Change Order log at each progress meeting.
Changes may be the result of unforeseen conditions, interferences identified by the contractor
during the routine progress of work, inadvertent omissions (betterment) issues in the contract
documents or additional improvements requested by the CITY or CONSULTANT after approval
of the GMP Amendment(s) by the City Commission. Regardless of the source, the
CONSULTANT shall evaluate the merit of the request, as well as the impact of the change in
terms of Project cost and schedule. CONSULTANT shall review claims and / or change order
requests with CITY. No legal claims assistance is included under this Task.
Deliverables: -Perform independent review of request for cost increase
and/or time extension.
- Coordinate and participate in meetings, as required, with
the CITY and contractor to resolve and/or negotiate the
equitable resolution of request.
- Prepare and execute change order documentation (AIA
form)
- Prepare and update change order log and distribute at
progress meetings.
Schedule: -Ongoing throughout Project construction duration.
Task 4.5 - Processing of Shoo Drawinas• The CONSULTANT will receive, log and distribute
shop drawings, as appropriate, for their review. The CONSULTANT shall have 14 calendar days
Page 23 of 28
Flamingo Park
Schedule A
or the number of calendar days specified in the construction contract, (whichever is lesser) from
the date of receipt in its office, to review and return shop drawings to contractor and CITY'S
office.
Deliverables: -Review Shop Drawings and return them to contractor
and CITY.
- Prepare and update shop drawing log and distribute at
progress meetings.
Schedule: -Ongoing throughout Project construction duration.
Task 4.6 -Field Observation Services: The CONSULTANT shall provide specialty site visits
by various design disciplines (civil, structural, mechanical, electrical, plumbing, landscaping,
etc...) on an as requested basis. For the purposes of this scope of services, it is assumed that
specialty site visits are included in the Scope or Services, and will be provided by the
CONSULTANT as required by the Project. Specialty site visits are assumed to include one or
more of the CONSULTANTS Team attendance, as may be requested by the CITY, to review,
discuss, resolve field conditions and issues at the job site. Attendance shall be as requested,
although a minimum of 24 hour notice will be provided when possible. In cases where
conditions require immediate action, the CONSULTANT shall make itself available in the field,
as soon as possible, to review /respond to necessary issues.
Deliverables: -Provide specialty site visits as required.
Schedule: -Ongoing throughout Project construction duration.
Task 4.7 - Proiect Closeout: Upon receiving notice from the contractor advising the
CONSULTANT that a Project is substantially complete, the CONSULTANT, in conjunction with
appropriate CITY staff, shall conduct an overview of the Project. The overview shall include
development of a "punch list" of items needing completion or correction prior to consideration of
final acceptance. The CONSULTANT shall develop the Substantial Completion Punch list. The
list shall be forwarded to the contractor for corrective action. CONSULTANT shall forward copy
of said list to the CITY. For the purposes of this Task, Substantial Completion shall be deemed
to be the stage in the construction of the Project where the Project can be utilized for the
purposes for which it was intended, and where minor items may not be fully completed, but all
Page 24 of 28
Flamingo Park
Schedule A
items that affect the operational integrity and function of the Project are capable of continuous
use.
Upon notification from the contractor that all remaining "punch list" items have been resolved,
the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the
finished Project. Based on successful completion of all outstanding work items by the
contractor, the CONSULTANT shall assist in closing out the construction contract. This shall
include, but not limited to, preparation of record drawings based on markups forwarded by the
contractor and certification of record drawings to the various affected permitting authorities.
This certification shall be based on the CONSULTANT having received and reviewed all
applicable test data, daily observation reports, record drawing markups, submittals, change
orders, and performed final walk through of the completed work during substantial and final
completion punch list walk through(s).
Deliverables:- Attend field meetings to review substantial and final
completion and assist in development of the applicable
"punch lists".
Schedule: - At the Substantial and Final completion of the Project.
TASK 5 -ADDITIONAL SERVICES
No additional services are envisioned at this time. However, if such services are required
during the performance of the Work such as work related to structural testing and evaluation,
structural engineering / forensic engineering, environmental evaluation, environmental
engineering, and consulting associated with the renovation and restoration of the existing
facilities and surrounding area, they shall be requested by CITY and negotiated in accordance
with contract requirements. Note that a separate Notice to Proceed is required prior to
performance of any Work not expressly required by this Scope of Services. If CONSULTANT
proceeds without proper authorization, it does so at its own risk.
TASK 6 - REIMBURSABLES
Task 6.1 - Reproduction Services: The CONSULTANT shall be reimbursed at the usual and
customary rate for reproduction of reports, contract documents and miscellaneous items, as
Page 25 of 28
Flamingo Park
Schedule A
may be requested by the CITY. Unused amounts in this allowance shall be credited back to the
CITY at the completion of the Project. Refer to Schedule B.
Task 6.2 -Travel and Subsistence:
Not allowed.
Task 6.3 - Survevina: The CONSULTANT shall arrange for and coordinate the efforts of
licensed surveyors to prepare a topographical survey within the Project limits to meet the intent
of the approved Project Scope outlined in Task 1 -Planning Services and Task 2 -Design
Services. Unused amounts in this allowance shall be credited back to the CITY at the
completion of the Project. Refer to Schedule B.
Task 6.4 - Geotechnical Evaluation: The CONSULTANT shall contract the services of a
professionally licensed geotechnical firm to perform boring /test excavations as necessary to
adequately define the soil characteristics for the purposes of design. Actual boring /test
excavations shall be as directed by CONSULTANT. Unused amounts shall be credited back to
the CITY at the completion of the Project. Refer to Schedule B.
Task 6.5 - Underaround Utility Verification: CONSULTANT shall employ the services of an
underground utility location service, upon approval by the CITY, in an effort to better identify
existing underground conditions where work is to be performed. Soft-Dig underground
identification services may be implemented. Actual locations shall be as directed by
CONSULTANT. Unused amounts shall be credited back to the CITY at the completion of the
Project. Refer to Schedule B.
Task 6.6 - Desian Sub CONSULTANTS:
CONSULTANT shall arrange for and coordinate the efforts of design sub CONSULTANT
expertise as such expertise is needed and determined by the evolution of the Project program
requirements and/or site conditions. Anot-to-exceed fee amount of all such design sub
CONSULTANT costs is included in Schedule B, to be drawn upon as needed.
CONSULTANT'S compensation shall be a reimbursement of actual costs for design sub-
consultants.
Minimum Drawina Requirements
Page 26 of 28
Flamingo Park
Schedule A
The composite set of drawings to be produced shall contain sufficient information and detail to
clearly define all proposed improvements in terms of quantity, quality and location. All drawings
and details shall be to a scale sufficient to be legible. The CONSULTANT shall propose a
drawing list to be reviewed and approved by the CITY.
The below drawing list /description is provided as a guide:
• Survey
• Site Plan drainage
• Landscape/Irrigation Plan
• Hardscape Plan
• Life Safety Plan
• Demolition Plan
• Site Plan /Site Layout
• Floor plan
• Ceiling Plan
• Roof Plan
• Elevations
• Building Sections
• Wall Sections
• Interior Elevations
• Restroom Plan & Elevations
• Typical Details
• Door Window & Finish Schedules
• Door Hardware Specifications
• Structural Plan
• Structural Sections and Details
• Roof Framing Plan
• Mechanical Plan
• Mechanical Piping Plan/Schedules/Notes & Details
• Lighting Plan
• Power Plan
• Plumbing Plan & Isometric
• Fire Protection Plan
• Fire Alarm Plan
Page 27 of 28
Flamingo Park
Schedule A
Site Plans
Existing Conditions -Site Survey - to include property lines, sidewalks, pavement areas,
landscaping, existing site improvements, buildings, dimensions of buildings, fencing, lighting,
overhead and underground utilities, etc.
Demolition -Clearly depict existing conditions to be demolished or modified.
Proposed Improvements -Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting, utility
modifications, replacements, and additions, etc.
Enlarged Site plans -Where necessary to clearly define Project requirements, provide enlarged
site plans for specific areas of improvement.
Buildins~ Drawinus
All buildings to be demolished, renovated or constructed shall be detailed in the Project
drawings in sufficient detail to clearly and thoroughly depict the intended improvements or
modifications and shall at a minimum include drawings form all involved disciplines:
Architectural, Civil, Structural, Mechanical, Electrical, Plumbing, and Landscape Architecture.
Drawings shall be organized by building and by discipline.
Page 28 of 28
FLAMINGO PARK
SCHEDULE B:
FLAMINGO PARK
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & WOLFBERG ALVAREZ AND PARTNERS
CONSULTANT COMPENSATION
Please refer to attached schedule and see below Schedule of Payments:
Schedule of Payments
Planning Services * $ 44,997
Design Services-Tennis Center:* $ 266,160
Bidding and Award Services $ 17,573
Construction Administration ** $ 66,262
Reimbursable Allowance*** $ 38,008
Historic Preservation Board /Design Review Board (if required) $ 10,000
February 20, 2008
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note*": Construction Administration will be paid on a monthly basis. It is anticipated that construction
duration will be 12 months, therefore, once construction starts Consultant will be paid $5521, for 12
months.
In the event that, through no fault of the Consultant, construction administration services are required
to be extended, which extension shall be at the sole discretion of the City, the Consultant agrees to
extent said services for $5521, per month for the duration required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City of Miami Beach and must be approved in
advance by the Project Coordinator. Unused portions wilt not be paid to the Consultant.
28
FLAMINGO PARK
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND WOLFBERG ALVAREZ AND PARTNERS
HOURLY BILLING RATE SCHEDULE
Classification
Principal /Architect of Record
Principal MEP Engineer of Record
Project Manager
Senior Architect/Engineer
Engineer /Architect
Staff Engineer
Designer
Civil Engineer
CADD Operator
Clerical
Hourlv Billing Rate (FY 20061
$178.50 per hour
$178.50 per hour
$148.00 per hour
$127.00 per hour
$107.00 per hour
$86 per hour
$90 per hour
$110 per hour
$$64 per hour
$49.20 per hour
February 20, 2008
29
FI,AMOVGO PARK
February 2Q 2008
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND WOLFBERG ALVAREZ AND PARTNERSC
SEE ATTACHED PROJECT SCHEDULE
30
FLAMINGO PARK
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND WOLFBERG ALVAREZ AND PARTNERS
See attached General Conditions of the Construction Contract
Febn~a~y 20, 2008
31
00800. S~ENERAL CONDITIONS:
Protect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
pertormance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shalt not proceed when in
doubt as to any dimension or measurement, but shah seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANTs authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of ITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in acx:ordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have swell-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specfcations, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect'at the time of opening
otherdthandthoseN du~tiesTand obligaonsl expe ssly setCforthswith nathe Cont act
Documents.
DID NO: XX-XX/XX
DATE: 07/20/06 CITY OF MIAMI BEACH
1
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANTS review and acceptance:
3.1.1. A progress schedule in the indicated form:
( j Bar Chart
[ j Modified CPM
[ ]CPM
[Xj Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Assodation of General Contractors (AGC) publication, "The Use of
CPM in Construction ")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contred which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ]Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award buf prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, .provided, however, neither CONSULTANT nor
BH) NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 2
CITY shall be responsible for the nonpertormance by the utility
owners.
3.2. At a time. specifted by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance wilt neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arcangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATB: 07/20/06 3
4.1. Each Bond shall be in the amount of one hundred percent (100°~) of the
Contrail Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Eaill Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shalt continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent {100%)
of the Contrail sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
r~,~~i*= ~~•^h or materials which appear within one year after Final
Gornpletion o~ ~;~~ ~,~;,,.u.;,
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Aitemate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. 4ualification of Surety
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in axordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
bID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 q
company shall not exceed the underwriting limitation in the circular,
and the excess risks must. be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinos a e o
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class Ili
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Ciass VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Pertormance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Tiile 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Pertormance
Bond and Payment Bond.
SID NO: XX-XX/XX CITY OF MIAMI BEACH
DATB: 07@0/06 3
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not Ilmited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Recuirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter}, the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must inGude:
BBD NO: XX-XXlXX CITY OF MIAMI BEACH
DATE: O'rr20/06 6
7.1.1.1. Ernptoyers' Liability with a limit of One Mflilon Dollars
(51,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen 8 Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars (:1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
(X ] 7.1.2.2. Independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[ X) 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X ] 7.1.2.5. Broad Form Property Damage.
(X) 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
(X ] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: XX-XX/Xa( CITY OF MIAMI BEACH
DAT$: 07/!a/06 ~
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must inGude:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid)
[ X) 7.1.4. Builders Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warcanty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builders Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ l 7.1.4.2• Flood Insurance--When the buildings or sVuctures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage inGuding installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each Gaim.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE; 07/!0/06 8
7.1.5.1. Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2. Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30} days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or
endorsed to provide CITY with
cancellation and/or restriction.
Restriction--The policy(fes) must be
at least thirty (30) days notice of
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance average specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools; equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BiD NO: XX-XX/XX CITY OF MIAMI BEACN
DATE: 07/20/06 y
9. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Impart Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR'S responsibility to have and maintain
appropriate Certificate{s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municpality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 0780/06 10
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
fumished, or proposed to be done or fumished under or, by reason of, the
Contract Documents and CONSULTANTs estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in wrlting within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, questlon, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this ArtiGe is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment Gaimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this ArtiGe.
DID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 ~ ~
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT'S instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
.expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, afull-time
competent English speaking superintendent and any necessary
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 I2
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed ~ in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information fn a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shah
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locelity, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
effiaently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: XX-XX/XX CITY OF MUMI BEACH
DATE: 07lt0/06 13
15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fad of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exGude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Dowments, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contrail Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had bean issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: XX-XX/XX CITY OF M1AMt BEACH
DATE: 07/20/06 Iq
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, GONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall inGude reasonable profit for work/seroices
satisfactorily performed. No payment shall be made for profit for
worklservices which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shalt promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Richt to Stoo Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. if
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for ail work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of ArtiGe 12 hereof.
1T. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
Consent of the Mayor and City Commission.
BID NO: XX-XX/71CX CITY OF MIAMI BEACH
DATE: 07/20/06 I S
18. f3i4thts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differino Site Conditions:
In the event that during the course of the Worts CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project s1te, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without distufiing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Artice 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 0720/06 I6
20. Plans and Workino Drawings:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as paR of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Soecificationg and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
fumished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damaces and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in ArtiGe 29.
23. W rran
CONTRACTOR warrants to CITY that all materials and equipment fumished
under this Contract will be new unless otherwise specified and that all of the
Work will t>e of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07!20/06 17
24. Suoolementarv Drawinc,~:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to ex^'-`-
the Work to be done more fully, or to illustrate the ~"~~-+- F ~~ , ,,, ~o show
any changes which may be requi~^~' _„rM,Cmentary drawl^gs, with
specifications pertaining therQ~- ,.,,, ue prepared by CONSULTANT.
~w.z. i ne supplementary drawl: cgs shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Qefective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shalt bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurced by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforrning Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
EID NO: XX-XXJXX CITY OF MIAMI BEACH
DATE: 07/20!06 18
25.4. Failure to reject any defective
prevent later rejection when such
final acceptance.
26. Taxes
work or material shall not in any way
defect is discovered, or obligate CITY to
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
sub~ntractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to pay or to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may famish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[ ] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than ,i°/$ percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
D1D NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07!20/06 19
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR'S failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR'S Work, except as to defects which may develop in other
contractors work after the execution of CONTRACTOR'S.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interterence or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Comoleted Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY'S intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
ld1A NO: XX•XX/XX CITY OF M1AM[ BEACH
DATE: 07/20/06 2U
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be pertonned, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary. construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Legal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 21
close any thoroughfare, nor interfere in any way with traific on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damage to Existino Facilities. Eauioment or Utilities:
32.1. As far as possible, all existing utility fines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. Ali charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or nat said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of--way. No
compensation will be paid to the CONTRACTOR for, any loss of time or
delay.
32.4. Ail overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made. by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
EID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 22
33. Value Encineerina:
CONTRACTOR m^ ,equest substitution of materials, articles, pieces of
~:,_.,.. _. _..y changes that reduce the Contract Price by making such
request to COl: ui_TANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANTS prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contrail Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT'S fees and charges related to
CONSULTANTS review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet Me form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. tf a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR'S expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contrail.
34. Continuing the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, iniluding disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chances in the Work or Terms Qf Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
B1D NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 23
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Suoplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT ^~'°" ~~ve the right ~^ .,•~~ ,.,. ,ague :>,~~r,G,;...,,.o..
Ir _.,~Ctw.... settinct form _. .~•^' auvctions, or interpretations
%onceming he Cc ~~, ~~ ~:,ts or its performance, provided such
Supplemental Instn.c:ur"s „:, ulve no change in the Contract Price or the
Contract T's.^ ;a.
37. Chance Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
clrY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shalt be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR'S agreement or disagreement with the
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 24
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or ConVact Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chance Order Work:
38,1. The value of any work covered by a Change'Order or of any claim for an
increase or decrease in the Contract Price shalt be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a wmponent for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CQNTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing En the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
8ID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07!20/06 23
the work. Payroll costs shall include, b+.~+ ~~+ ~~ '° ;,;,--~ ,;
salaries and wages plus the cr+~• ~' "..,,ye oenefits which shalt
indude social se~~•^+ ...,,,,eons, unemployment, excise and
pavro~~ ~-°•._, woncers' or workmen's compensation, health and
;~.,~~ment benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved 6y CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/30J06 26
employed for services speclfically related to the pertormance of
the work described in the Change Order.
38.2.5. Supplemental costs. including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR'S
employees incurred in discharge of duties connected
with tfie work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary faalities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR'S
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.8. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll .costs and other compensation of CONTRACTOR'S
officers, executives, princlpals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
B~ NO: XX-XX/XX CITY OF MIAMI BEACH
DAT&: 07/20/06 27
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically incuded in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR'S principal and branch offices
other than CONTRACTOR'S office at the site.
38.3.3. Any part of CONTRACTOR'S capital expenses, including
interest on CONTRACTOR'S capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. CosUs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, incuding
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.8. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR'S fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR'S fee shall not exceed seven and
HiD NO: 7UC-XX/XX CITY OF MIAM[ BEACH
DA7'[d: 07/20/06 28
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
38.4.2.3. No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3. -
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
any one change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to Gaim lost profits for any Work not performed.
38.8. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: XX-XX/XX CITY OF MIAMI HEACH
DAT[d: 07/20/06 29
39. Notification and Claim for Chanoe of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed Is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurcence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate conVador employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damages for Delav:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or Its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/10/06 30
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav Compensable: Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Artice 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensabie or non-Compensable:
(a) Compensable Excusable Delay. Excusable Delay is Compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
inGude, but not be limited to, ail profit on Indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
HID NO: XX-XX/XX CITY OF MIAMI BEACH
DATB: 07/20/06 31
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shad be NIA per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantlal Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. j~o Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and ail claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07!20/06 32
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shoo Drawings:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.8. CONSULTANT shall review and approve Shop Drawings within twenty-
one (21) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 33
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR'S responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANTs approval at the job site at all times.
45. Field Layout of the Work and Record Drewinos:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The wst of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproduabie paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and Garifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 34
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTORS duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Wark is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof,
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: XX-XX/XX CITY OF M[AMI BEACH
DATE: 07/20/06 33
[ X ] 47. Final Rill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Pavment by CITY for Tests:
Except when otherwise specified In the Contract Documents, the expense of all
tests, requested by CONSULTANT shall be home by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as
Weather Bureau as being
CONTRACTOR, at no cost to
necessary to secure the Project
events, regardless of whether t
notice of same.
are designated by the United States
a hurricane warning or alert, the
the CITY, shall take all precautions
site in response to all threatened storm
he CITY or CONSULTANT has given
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07/20/06 36
excusable delay, and shall not give rise to a Laim for compensable delay.
51. Cleanino Uo• Citv's Riaht to Clean Uo;
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to dean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. N a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for Leaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Eauioment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR'S equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53.
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. in addition, CONTRACTOR shall take
affirmative steps to ,ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR'S decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
BID NO: XX-XXlXX CITY OF MIAMI BEACH
DATE: 07/20/06 37
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any Gaim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BH) NO: XX-XX/XX CITY OF M1AM1 BEACH
DATE: 07/20/06 38
FLAMINGO PARK
SCHEDULEF
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH & WOLFBERG ALVAREZ AND PARTNERS
See Attached Insurance and other Sworn Affidavits.
February 2Q, 200S
32
FLAMINGO PARK
SCHEDULE G
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH 8r WOLFBERG ALVARERZ AND PARTNERS
Best Value Amendment
February 2Q, 2008
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
F:\CAPI\$all\Mario\Wolfberg Alvarez A E Agreement (Long Form - 02192008).doc
33