HomeMy WebLinkAboutR-99-0198J-99-273
3/10/99
RESOLUTION NO. 0 1 — 8
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE
FIRM OF MILIAN, SWAIN AND ASSOCIATES, INC.,
TO PROVIDE PLANNING AND DESIGN SERVICES FOR
THE RIVERSIDE RIVERFRONT REDEVELOPMENT
PROJECT FOR A MAXIMUM FEE OF $239,900,
CONSISTING OF A BASE FEE OF $211,900, WITH
ALLOWANCES NOT TO EXCEED $6,000 FOR
REIMBURSABLE EXPENSES, AND $22,000 FOR
PRESCRIBED ADDITIONAL SERVICES; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROJECT NO. 322064 ENTITLED, "RIVERSIDE
RIVERFRONT REDEVELOPMENT PROJECT".
WHEREAS, on May 26, 1998, the City Commission adopted
Resolution No. 98-529, directing the City Manager to negotiate an
agreement with the firm of Milian, Swain and Associates, Inc., to
Perform professional
Planning and r design services for the
Riverside Riverfront Redevelopment Project, the "Project"; and
WHEREAS, the above firm was selected as the result of a
competitive selection process using the RFP process; and
WHEREAS, the Project consists of several phases; the first
phase .consists of conducting a market and economic analysis of
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CM COMMSSION
MAR 2 3 1999
Resolution Na
the Riverside district to identify and define appropriate ways to
reuse, redevelop, and market various City and private properties
and. the area; and
WHEREAS, the second phase involves the design of
infrastructure and upland improvements to the riverfront portion
of Lummus Park (the former Pioneer Club site and the adjacent
property to the south) to include seawall repair, shoreline
stabilization, stormwater controls, dredging, a new riverwalk,
plazas, lighting and landscaping; and
WHEREAS, said agreement provides for the provision of
professional services at a maximum fee not to exceed $239,900,
consisting of a base fee for professional services of $211,900
and a maximum of $28,000 for project allowances; and
WHEREAS, said allowances include an amount not to exceed
$6,000 for reimbursable expenses for such items as permit fees
and reproductions, and a maximum of $22,000 for additional
services that may be required, particularly for environmental
Permitting, such as related surveys, testing, and studies, which
must be authorized in advance by the City's Project Manager; and
WHEREAS, the base fee for professional services is further
divided into two parts: $40,000 for the economic and market
analysis of the Riverside District, and $171,900 to provide
engineering design services and construction administration for
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the infrastructure and upland improvements previously described;
and
WHEREAS, the Department of Real Estate and Economic
Development negotiated the attached Professional Services
Agreement between the City and said firm, in a fair and
reasonable manner, setting forth the requirements and
responsibilities for the planning and design of the comprehensive
Project; and
WHEREAS, funds in the total amount of $455,200 have been
appropriated in Capital Improvement Project No. 322064, entitled
"Riverside Riverfront Redevelopment Project";
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are incorporated herein as if fully
set forth in this Section.
Section 2. The City Manager is hereby authorized!' to
execute a Professional Services Agreement, in substantially the
attached form, with the firm of Milian, Swain & Associates, Inc.,
to provide planning and design services for the Riverside
Riverfront Redevelopment Project, for a maximum fee of $239,900,
consisting of $211,900 for the base fee, plus allowances not to
exceed $6,000 for reimbursable expenses and $22,000 for
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prescribed additional services, with funds therefor hereby
allocated from the Capital Improvement Project No. 322064
entitled, "Riverside Riverfront Redevelopment Project."
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor�'.
PASSED AND ADOPTED this 23rd day of --March , 1999.
ATTEST:
JOE CAROLLO, MAYOR
to �,a +9+r� Miami Code Sec. es3 q sinre the Mayor did not inc+ir.., •,oLNJbL
� �°n � signing it in the ba�r� �* designafEd peace ,;,; c�rovol of
rogalft t ►'vith the Elapse of ten 10 d, 1. , vided, said ie n nm:e
. ) from the date of
i the �Fayo, e e vet G »i��ss:cn eerie
al J. oeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPR,dED/S,TO 96M AND CORRECTNESS:tj
NDE,VVILARELLO
ATTORNEY
W3329:CSK
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code provisions.
Z/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If the
Mayor vetoes this Resolution, it shall become effective immediately upon
override of the veto by the City Commission.
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PROFESSIONAL SERVICES AGREEMENT
between the
CITY OF MIAMI, FLORIDA
and
MILIAN, SWAIN & ASSOCIATES, INC.
for the
RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT
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PROFESSIONAL SERVICES AGREEMENT
between the City of Miami and Milian, Swain R Associates, Inc. for
the Riverside Riverfront Redevelopment Project
TABLE OF CONTENTS
Professional Services Agreement........................................................................................................... 1
Witnesseth...............................................................................................................................................
1
ARTICLE1 -Definitions ..........................................................................................................................
2
ARTICLE 2 - Scope of Consultants' Basic Services & Responsibilities.................................................
4
2.1 Consultants' Responsibilities.............................................................................................................
4
2.2 Scope of Consultants' Basic Services...............................................................................................
5
2.2.1 Planning Phase (Economic & Market Analysis).............................................................................
5
2.2.2 Design Development Phase...........................................................................................................
8
2.2.3 Environmental Permitting.............................................................................................................. 9
2.2.4 Construction Document Phase.....................................................................................................
10
2.2.5 Contract Bidding Phase................................................................................................................
11
2.2.6 Construction Phase - Administration of the Construction Contract ..............................................
12
ARTICLE 3 - City's Responsibilities.....................................................................................................
17
ARTICLE 4 - Compensation for Consultants' Basic Services ..... :........................................................
18
ARTICLE 5 - Schedule of Work............................................................................................................
19
ARTICLE 6 - Extension of Time...........................................................................................................
20
ARTICLE 7 - Additional Services..........................................................................................................
21
ARTICLE 8 Reimbursable Expenses.................................................................................................
23
ARTICLE 9 - Contingency Clause........................................................................................................
23
ARTICLE 10 - Suspension or Termination of Agreement......................................................................
24
ARTICLE 11 Sub-Consultants.............................................................................................................
26
ARTICLE 12 - General Conditions........................................................................................................
27
ARTICLE13 - Insurance........................................................................................................................
29
ARTICLE 14 - Ownership of Documents...............................................................................................
29
ARTICLE 15 - Non-Delegability.............................................................................................................
30
ARTICLE 16 - Audit Rights....................................................................................................................
31
ARTICLE 17 - Award of Agreement.......................................................................................................
31
ARTICLE 18 - Successors and Assigns................................................................................................
31
ARTICLE 19 - Indemnification...............................................................................................................
32
ARTICLE 20 - Conflict of Interest..........................................................................................................
32
ARTICLE 21 - Independent Contractor..................................................................................................
33
ARTICLE 22 - Non-Discrimination.........................................................................................................
33
ARTICLE 23 - Minority Procurement Compliance.................................................................................
33
ARTICLE 24 - Entire Agreement...........................................................................................................
33
ARTICLE25 - Amendments...................................................................................................... ............
34
ARTICLE 26 - Approval by the Oversight Board...................................................................................
34
CorporateResolution.............................................................................................................................
36
Attachments..........................................................................................................................................
37
Exhibit A - Lummus Waterfront Concept Plan.......................................................................................
38
Legislation..............................................................................................................................................
38
ResolutionNo. 97-866...........................................................................................................................
38
ResolutionNo. 98-529...........................................................................................................................
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PROFESSIONAL SERVICES AGREEMENT
This agreement (the "Agreement") is entered into this day of ,
1999, by and between the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY" and Milian, Swain & Associates, Inc., a corporation
duly organized and existing under the laws of the State of Florida with its primary office
located at 2025 SW 321 Avenue, Miami, Florida, 33145, hereinafter referred to as
"CONSULTANT".
WITNESSETH
WHEREAS, on December 9, 1997, the City of Miami Commission adopted
Resolution No. 97-866 thereby designating the Riverside Riverfront Redevelopment
Project as a "Category B Project", for the acquisition of planning and design services in
the fields of engineering and landscape architecture, in accordance with Section 287 of
Florida Statues, and Section 18.81 of the City of Miami Code; and
WHEREAS, a Request for Qualifications (RFQ) was issued on December 29,
1997, ten (10) proposals were received, and five (5) participated in the presentation and
interview process, resulting in a ranking and recommendation by the appointed
Competitive Selection Committee; and
WHEREAS, the City Commission adopted Resolution 98-529, thereby approving
the findings of the Consultant Selection Committee as to the most qualified teams, in
rank order, to provide professional services for the planning and design, preparation of
construction documents and construction administration of the Riverside Riverfront
Redevelopment Project, the "Project"; and
WHEREAS, negotiations were undertaken with CONSULTANT, as the top
ranked team, for services required for the PROJECT; and
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WHEREAS, on the City Commission adopted Resolution No.
-, authorizing the City Manager to enter into a professional services agreement
with the CONSULTANT to provide required professional services, and
WHEREAS, funding for the required professional services is available from funds
allocated in Capital Improvement Project No. 322064, entitled "Riverside Riverfront
Redevelopment "; and
WHEREAS, the procurement of such professional services was performed in
accordance with the Consultants Competitive Negotiation Act Section 287.055, Florida
Statutes (1996) and City of Miami Ordinance 9572 which appears as Section 18.52.3 of
the Code of the City of Miami; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understand and agree as follows:
ARTICLE 1 - DEFINITIONS
1. "Concept Plan" shall mean the schematic representation or Master plan of the
city -owned property located adjacent to Lummus Park, specifically depicted on the
drawing attached hereto as Exhibit A.
2. "Construction Documents" are those documents which are actually used to
construct the Project including technical drawings, schedules, diagrams, and
specifications, setting forth in detail the requirements for the construction of the Project.
3. "Dry Run" shall mean the process where the CONSULTANT presents the
100% construction drawings to the Building & Zoning Department and other appropriate
governmental agencies for review and approval of the construction documents.
4. "Project" shall mean the physical improvements to the city -owned property
located adjacent to Lummus Park to be known as the Riverside Riverfront
Redevelopment Project located at 250 & 176 NW North River Drive. Improvements to
that site includes the following primary features, and their related components:
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• Bulkhead/Marina Facilities
• Paving, Grading, Drainage System
• Water Distribution, Fire Protection & Sewage Collection System
• Electrical Power System
• Landscaping and Irrigation System
• A Riverwaik, a Public Pedestrian Promenade and appropriate plaza(s)
• Lighting, Planting, and Site Furnishings
For the purpose of this agreement, the Project shall consist of several phases: a)
Planning Phase (Economic & Market Analysis), b) Design Development Phase, c)
Environmental Permitting, d) Construction Documents e) Bidding and Contract Award,
and f) Construction.
5. "Project Manager" shall mean the Director of the Department of Real Estate
and Economic Development or his designee who is hereby designated as the CITY'S
representative authorized to act on behalf of the CITY with respect to the Project.
6. "Riverside District" shall mean the area bounded by North West 51' Street to
the North, 1-95 to the East & South, and the Miami River to the West.
i. "Site Utilities" shall mean Water Distribution, Sewage Collection, Electrical
Power and drainage systems.
8. "Substantial Completion" shall mean the date when all portions of the Project
are sufficiently complete so that the CITY can occupy and utilize the entire site for the
use intended under the Construction Documents.
9. "Work" shall mean the services performed by the CONSULTANTS,
CONSULTANT'S employees and the Sub -consultants as described in Article 2 of this
Agreement.
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ARTICLE 2 -
SCOPE OF CONSULTANT'S BASIC SERVICES AND RESPONSIBILITIES
2.1 CONSULTANT'S RESPONSIBILITIES:
2.1.1 The CONSULTANT covenants and warrants that they shall be fully
responsible for furnishing the professional design and technical services for the
Project, and that they shall perform all Work as required herein in accordance with the
highest professional standards applicable to the project's quality and scope, and that all
Work shall be performed by the entities and persons, sub -consultants and specific
personnel identified in the CONSULTANTS Response to the CITY'S Request for
Professional Services for the Riverside Riverfront Redevelopment Project issued on
December 29, 1997 (the "CONSULTANT'S Proposal").
2.1.2 The CONSULTANT shall perform the Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work and in
accordance with the schedule set forth in Article 5 of this Agreement.
2.1.3 The CONSULTANT, is required to attend and participate in up to three (3)
public meetings, which number shall include: one (1) City Commission meeting to
award the construction; one (1) meeting of Community Groups to present the findings
and conclusions of the Economic and Market Analysis Report and present the updated
Concept Plan; and one (1) meeting, to be determined and coordinated by CITY staff.
At any of the three (3) public meetings, only those CONSULTANTS who's participation
and attendance may be required, need to attend.
2.1.4 The CONSULTANT shall not start the Work nor incur any expenses for
any phase of the Work without having received written authorization from the Project
Manager.
2.1.5 The CONSULTANT shall perform the Work in the phases described below
in accordance with the schedule set forth in Article 5 of this Agreement. Prior to the
completion of each of the phases of Work described in Section 2.2 below, the
CONSULTANT shall meet with the Project Manager, for purposes of providing the CITY
with the opportunity of reviewing the portion of the Work completed as to that phase.
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The CONSULTANT shall consider any comments, questions, directions and
recommendations which the Project Manager or CITY, believes are necessary to
satisfy the requirements of the Project, despite previous instructions and approvals
issued by the CITY. Additionally, the consultant shall meet with the Project Manager or
his designee, as is deemed necessary, throughout the term of the Project.
2.2 SCOPE OF CONSULTANT'S BASIC SERVICES
2.2.1 Planning Phase (Economic and iMarket Analysis)
The work to be undertaken during this phase shall include the following:
(a) Data Collection and Research
Consultants shall perform comprehensive and data collection essential for
market projection based on real information developed through existing surveys
as well as secondary sources. As part of the initial work, the CONSULTANT
shall conduct, perform, or collect the following:
i. selected one-on-one, in person interviews with critical actors.
ii. a telephone sample survey of residents.
iii. inventory of non-residential activity within the study and immediate
surroundings.
iv. review of existing or secondary information.
(b) Anal sis
During and after the initial data collection is completed, CONSULTANT shall
evaluate and analyze all of the information and base data, utilizing standard
statistical methods and procedures, and CONSULTANT's proprietary computer
models. The analysis shall look at regional and City-wide patterns and trends as
well as trends for the study area. CONSULTANT shall estimate future demand,
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based on both area -wide patterns and potential and identifiable market gaps
which may be addressed within the study area.
The analysis will yield information with respect to but not necessarily limited to
the following:
i. definition of market areas associated with retail, entertainment, service or other
activity;
ii. definition of the components of demand for different activity, where different;
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iii. demographic and economic characteristics or profile of market area consumers
or components of demand (residents, workers, etc.);
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iv. definition of market area population spending, shopping, and commercial
utilization pattern based on actual data developed through surveys; definition of
the potential market penetration levels for segments of the market;
V. definition of competitive advantages and disadvantages associated with theAp
:.
study area for retail, entertainment, personal and professional services, or
other activity;
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vi. demand forecast for retail and retail related services; by major retail category
and sub -category, and capturable space for the study area;
vii. estimates of market gaps that exist and likely gaps in the future in the market
for retail, service, and entertainment or other activity;
viii.definition of retail and related services entertainment, or other activity specific
business types that would be marketable;
ix. definition of housing and neighborhood issues impacting the commercial
market; and
x. definition of the study area's current and future role in the City's economy.
The CONSULTANT shall make projections for the current year, and five and ten year
periods. The market study shall be segmented to the greatest level of detail possible,
and will consider both resident of a large geographic areas as well as visitors, but will
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focus on residents of the large geographic area. Where possible, and if appropriate,
CONSULTANT will Identify specific businesses to be recruited (name, contact, etc.)
(c) Market Analysis Report
The CONSULTANT shall produce a report summarizing the process utilized, the
findings, conclusions, and recommendation with respect to the market analysis.
CONSULTANT will prepare a camera-ready Executive Summary of conclusions
and recommendations for general reproduction, distribution, as conclusion as the
Phase 1 deliverable.
(d) Strategic Implementation Program
In addition, the CONSULTANT will prepare the following:
I. An outline of a neighborhood or community revitalization strategy.
ii. Preliminary marketing plan and a market development strategy.
iii. Financial and non -financial incentives that may be made available or that
could reasonably be developed to accomplish desired inclusions and
redevelopment.
iv. A development strategy that will address, but not be limited to; suggestions
for organizational structures and development that will facilitate the
achievement of objectives in special districts and development organizations
and authorities.
(e) Based on the findings, conclusions, and recommendations from the
Economic and Marketing Analysis, the CONSULTANT shall update the Concept
Plan, and provide a Cost Estimate for improvements that form the Project.
(f) During this phase, the CONSULTANT shall present both the Economic and
Marketing Analysis Report updated Concept Plan at a local meeting with the
public to be arranged by the Project Manager.
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(g) The CONSULTANT shall combine Economic and Market Analysis Report, the
approved Concept Plan, and public comments into a Comprehensive
Development Program and Strategic Report for the Project.
(h) The CONSULTANT shall prepare and furnish to the Project Manager
preliminary written reports, and shall meet with the Project Manager for purposes
of providing the CITY with the opportunity of reviewing the findings and progress
of the tasks completed during this phase of the Work. The CONSULTANT shall
incorporate any comments, questions, directions and recommendations which
the Project Manager, in his reasonable discretion, believes are required to satisfy
the requirements of the Project.
2.2.2 Design Development Phase
(a) Based upon the approved Development Program, Strategic Report, and
preliminary cost estimate produced during the Planing Phase, the
CONSULTANT shall prepare the following sets of documents: (1) a preliminary
site plan illustrating the scale and relationship of the project components,
including general information related to materials and methods of construction
required to satisfy the project. The CONSULTANT shall submit the preliminary
site plan to the Project Manager for review and approval. The CONSULTANT
shall then prepare a final dimensioned site plan considering the review,
comments and revisions made by the Project Manager. (2) The CONSULTANT
shall prepare final Design Development Documents consisting of drawings
(including floor plans, cross sections and elevations), outline specifications and
other documents to fix and describe the size and character of the project as to
architectural, structural, mechanical, and electrical systems, site utilities, and
improvements including paving, planting, lighting and other site amenities,
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construction and finish materials as may be appropriate, and provide one (1)
copy to the Project Manager.
(d) The CONSULTANT shall revise the Preliminary Cost Estimate to create an
Estimate of Construction Costs broken down into major categories and bid items.
(e) The CONSULTANT will identify the entities recommended to perform the
required tests and associated fees needed to complete the work, and if deemed
appropriate by the Project Manager, submit a written request to the CITY for
approval to secure said tests in accordance with Article 7.
2.2.3 Environmental Permitting
(a) The CONSULTANT will contact the Project Manager, Miami Dade County
Department of Environmental Resources Management (DERM), Florida
Department of Environmental Protection (FDEP), South Florida Water
Management District (SFWMD) and United States Army Corps of Engineers
(ACOE) to schedule an on -site pre -application meeting to introduce regulatory
agency staff to the project, allow those entities and/or key personnel to observe
existing conditions and address their preliminary questions. The CONSULTANT
will prepare a conference report documenting all discussions, agreements and
concerns voiced at the pre -application meeting and forward copies to all
attendees for ease of reference throughout the permitting process.
(b) The CONSULTANT will coordinate with the project team to obtain all
required items relative to preparing complete environmental package(s) for the
project. The CONSULTANT will prepare the necessary applications and submit
a complete package including support sketches and exhibits to the following
agencies for review and approval; DERM, FDEP, SFWMD and ACOE.
(c) The CONSULTANT will monitor the environmental permitting process by
establishing and maintaining telephone contact with the regulatory agencies to
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expedite the review process. The CONSULTANT shall respond to Request(s)
for Additional Information received from the agencies by documenting resolution
to all questions or concerns that may arise during the environmental permitting
process; excluding testing, modeling and/or physical studies that are not
included in the Scope of Services.
(d) The CONSULTANT shall attend at least two (2) meetings with the listed
agencies mentioned above, to review project details.
(e) Based on the agencies questions, requests or comments, the
CONSULTANT shall revise permit applications and/or drawings and make all
necessary corrections, modifications, and additions to the construction
documents required to produce final bid documents.
2.2.4 Construction Documents Phase
(a) Based on the approved Design Development Documents and any further
adjustments within the Project scope and Estimate of Construction Cost as
authorized by the Project Manager, the CONSULTANT shall prepare for
approval by the Project Manager Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the
construction of the Project.
(b) The CONSULTANT shall submit the Construction Drawings to the CITY for
review at 75% and 100% of completion. The Project Manager will review and
return comments to CONSULTANT within fourteen (14) days of receipt. The
CONSULTANT shall not proceed with further development of the construction
documents until it has received Project Manager approval of the 75% check set.
The CONSULTANT shall make all reasonable changes required by the Project
Manager.
(c) Upon Completion of the 100% Construction Documents the CONSULTANT
shall conduct "dry runs" of the final construction plans to the Building and Zoning
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Department and other appropriate governmental authorities as necessary, to
ascertain that the construction documents meet all the requirements for
construction permits. The CONSULTANT shall make all the necessary
corrections, modifications, and additions to the construction documents
necessary for final permitting. The CONSULTANT shall assist the CITY in
obtaining final approval from all governmental authorities with jurisdiction.
(d) The CONSULTANT shall advise the Project Manager of any adjustments to
previous Estimate of Construction Cost and Bid Items at such time as the
documents are 75% completed.
(e) All Construction Documents shall bear the seal of a Florida registered
professional landscape architect and/or engineer as appropriate and the names
of the professionals responsible for major portions of each separate specialty of
the Work shall appear on the Construction Documents at 100% submittal.
(f) The CONSULTANT shall deliver to the CITY the completed Master set of
Construction Documents in such reproducible form as may be specified by the
Project Manager.
(g) The CONSULTANT shall attend up to four (4) coordination meetings with the
CITY during the Construction Documents Phase. All meetings shall be attended
by key individuals from the CONSULTANT firm.
(h) The CONSULTANT shall assist the CITY in the preparation of the necessary
bidding information, bidding forms, the Conditions of the Contract, and the form
Agreement between the CITY and the Contractor.
2.2.5 Contract Bidding Phase
(a) During the period of advertisement, receipt and analysis of bids, the
CONSULTANT shall prepare necessary addenda, with accompanying drawings,
or other materials if required, and submit original of each to the Project Manager
for approval and submission to the appropriate CITY Department.
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(b) If held, the CONSULTANT shall take part in a pre -bid conference.
(c) The CONSULTANT shall assist the CITY in preparing responses to inquiries
from prospective bidders, when requested.
(d) The CONSULTANT shall assist the CITY in the analysis of bids and make
recommendations on the disposition of bids and award of contracts, when
requested.
(e) The CONSULTANT shall interpret Construction Documents in writing, if
requested, and prepare all supplementary drawings necessary for the clarification
of the documents prepared by the CONSULTANT.
(0 The CONSULTANT shall assist the CITY in obtaining bids, awarding and
reviewing the contract(s) for construction of the project, as prepared by the CITY.
(g) The CONSULTANT shall assist the CITY with one (1) rebid, provided said
rebid requires no design.
2.2.6 Construction Phase -Administration of the Construction
Contract
(a) The CONSULTANT's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the execution of the
Contract for Construction and terminates upon acceptance of the Project by the
CITY through the Department of Public Works.
(b) The CITY's Public Works Department will administer the Construction
Contract(s) through and assign a Construction Manager and an Inspector to the
Project. The CONSULTANT shall advise and consult with the Project Manager,
Public Works Construction Manager, and City Inspector when appropriate. CITY
shall have final approval of all changes in the Construction Work and Costs.
(c) The CONSULTANT shall attend pre -construction meetings and job meetings
where their presence is required to resolve problems or disputes with the
construction plans. The Project Manager shall make every attempt to schedule
the pre -construction meetings, job meetings, and job site inspections at
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adequate intervals appropriate to the specific stage of construction to observe
and generally evaluate the progress and quality of the construction work, and the
materials utilized to determine if the work is being performed in a manner
indicating that such work when completed will be in accordance with the Contract
Documents and the requirements of the Project.
(d) The CONSULTANT shall witness all tests as may be required under the
Contract Documents.
(e) On the basis of CONSULTANT's on -site observations, and Inspection
Reports prepared by the CITY's Public Works Inspector, the CONSULTANT shall
keep the CITY informed of the progress and quality of the work, and shall utilize
their best effort to promptly inform the CITY of defective materials, defects and
deficiencies in the construction work.
(0 On a monthly basis, the CONSULTANT shall furnish to the CITY a written
report describing its observation of work, during its visit to the site and general
status and progress of same. All reports shall be submitted in a timely manner.
(g) Under the construction phase, the CONSULTANT shall have access to the
work at all times, so it may adequately perform as intended under this
Agreement.
(h) The CONSULTANT shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work.
The CONSULTANT shall not be responsible for the Contractor's schedule or
failure to carry out the work in accordance with the Contract Documents. The
CONSULTANT shall not have control over or charge of acts or omissions of the
Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the work.
(i) Based on the CONSULTANT's observations and evaluations of the
Contractor's Applications for Payment, the CONSULTANT shall review and
certify the amounts due the Contractor.
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G) The CONSULTANT's recommendation of approval for a payment certificate
shall constitute a representation to the CITY, based on the CONSULTANT's
observations at the site and on the data comprising the Contractor's Application
for Payment, that, to the best of the CONSULTANT's knowledge, information
and belief, the work has progressed to the point indicated and the quality of work
is in accordance with the Contract Documents. The foregoing representations
are subject to (1) an evaluation of the work for conformance with the Contract
Documents upon substantial completion, (ii) to results of subsequent tests and
inspection, (iii) to minor deviation from the Contract Documents correctable prior
to completion and to specific qualifications expressed by the CONSULTANT.
The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified.
(k) The CONSULTANT, shall have an affirmative duty to recommend rejection
of work which does not conform to the Contract Documents. Whenever the
CONSULTANT considers it necessary or advisable for the implementation of the
intent of the Contract Documents, the CONSULTANT shall recommend
additional inspection or testing of the work in accordance with the provisions of
the Contract Documents, whether or not such work is fabricated, installed or
completed. However, neither this responsibility of the CONSULTANT nor a
decision made in good faith either to exercise or not to exercise such
responsibility shall give rise to a duty or responsibility of the CONSULTANT to
the Contractor, Subcontractors, material and equipment suppliers, their agents or
employees or other persons performing portions of the work.
(1) The CONSULTANT's decisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
(m) The CONSULTANT shall review and approve or take appropriate action
upon Contractor's submittals such as Shop Drawings, product data and samples,
examine said samples and notify the CITY of the approval or rejection of said
samples, and maintain custody of approved samples, but only for the limited
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purpose of checking for conformance with the information given and the design
concept expressed in the Contract Documents. After the CONSULTANT review
of the shop drawings, the copies shall be delivered to the City's project manager
for transmittal to the contractor. The CONSULTANT shall provide the CITY with
a copy of all shop drawings, duly reviewed by the CONSULTANT for CITY's
permanent records. The CONSULTANT's action shall be taken with such
reasonable promptness as to cause no delay in the work or in the construction of
the work or that of separate contractors, while allowing sufficient time in the
CONSULTANT's professional judgment to permit adequate review. Review of
such submittals is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or
systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The
CONSULTANT's review shall not constitute approval of safety precautions of
construction means, methods, techniques, sequences or procedures. The
CONSULTANT's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of
performance characteristics of materials, systems or equipment is required by
the Contract Documents, the CONSULTANT shall be entitled to rely upon such
certification to establish that materials, systems or equipment will meet the
performance criteria required by the Contract Documents. The CONSULTANT
shall retain a copy of all shop drawings.
(n) The CONSULTANT shall review and recommend action on proposed
Change Orders within the scope of the Project. This includes Change Orders
initiated by others or any proposed Change Orders recommended by the
CONSULTANT based on his observation. If deemed necessary by the
CONSULTANT, and given the prior written authorization by the CITY, the
CONSULTANT shall prepare Change Orders and Construction Change
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Directives, with supporting documentation and data for the CITY's approval and
execution in accordance with the Contract Documents, and may authorize minor
changes in the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent with the intent of the
Contract Documents.
(o) The CONSULTANT shall make all necessary changes, modifications,
corrections and additions, that may require redesign, to the construction plans as
required by the Building Official during construction or as required by approved
Change Orders.
(p) The CONSULTANT shall render written opinions within a reasonable time on
all claims, disputes or other matters in question between the CITY and
Contractor relating to the execution or progress of the work as provided in the
Contract Documents.
(q) Prior to Substantial Completion of the Project, the CONSULTANT shall make
a list of items for correction before final inspection. However, the CITY shall
have the right to take possession of, and use any completed or partially
completed portion of the Project at its own risk, notwithstanding the fact that the
time for completing the entire Project or such portions may not have expired, but
such taking possession and use shall not be deemed as acceptance of any work
not completed and it shall in no way relieve the CONSULTANT of any of the
responsibilities under the terms of this Agreement.
(r) The CONSULTANT shall examine work upon receipt of the Contractor's
Certificate of Substantial Completion of Project. CONSULTANT shall then:
1. Prepare a check list of defects and discrepancies for correction by
contractor.
2. Recommend execution of Final Acceptance and Final Payment to
the contractor.
3. Obtain from Contractor all warranties, guarantees, operation and
maintenance manuals, release of lien, extra materials, certificates as required by
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law or documents. Provide assistance in obtaining Contractor's compliance with
Contract Documents for the initial start up and testing, adjusting and balancing of
any equipment or systems, and the instruction of City personnel in the operation
and maintenance of any equipment or system, and for the final clean up of the
project.
(s) The CONSULTANT shall, at the completion of construction of the Project
deliver to the CITY written certification that to the best of the CONSULTANT's
knowledge the Project has been constructed in accordance with CITY approved
Construction Documents and CITY approved change orders.
(t) Within thirty (30) days after completion of the Construction Phase, the
CONSULTANT shall furnish to the Project Manager, reproducible drawings of
the Construction Documents from the amended set of the Contractor's as -built
drawings, which shall include all significant changes and/or modifications to the
Sid Documents as were made during the Construction Phase and as were
recorded by the general contractor per the contract for construction.
ARTICLE 3
CITY'S RESPONSIBILITIES
3.1 The CITY shall provide full information to CONSULTANT regarding its
requirements for the PROJECT.
3.2 The CITY shall assist the CONSULTANT in obtaining from the appropriate
governmental agencies existing survey information of the Project site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoining property; rights
of way, restrictions, easements, utilities, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions and data from existing
records on file in the Department of Public Works of the CITY pertaining to existing
buildings, other improvements: and information concerning available service utility lines
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,
f
both public and private. The CONSULTANT shall be entitled to rely on the accuracy of
these documents.
3.3 The CITY shall give prompt notice to the CONSULTANT in the event the
Project Manager and/or the Project Inspector designated by the CITY observes or has
been notified in writing of any fault or defect in the Project or nonconformance with the
Contract Documents.
3.4 The CITY shall do all reproduction and binding of the bidding documents
and Construction Documents and loan to the CONSULTANT all existing and applicable
CITY aerial photographs.
3.5 The CITY shall review and approve the work as it relates only to overall
compliance with the general requirements of the Project. Whenever the term "approval
by the CITY" or like term is used in this Agreement, the phraseology shall in no way
relieve the CONSULTANT from any duties or responsibilities under the terms of this
Agreement or from using the best professional engineering, landscape architectural and
any other necessary services and practices.
3.6 The CITY shall furnish the services of consultants for purposes of
evaluating environmental matters affecting the Project when such services are
reasonably required by law.
ARTICLE 4
COMPENSATION FOR CONSULTANT'S BASIC SERVICES
4.1 The CITY shall compensate the CONSULTANT and the CONSULTANT
agrees to accept as full payment for the Work a total fee not to exceed $211,900. This
payment shall be made on a monthly basis, based upon a schedule of deliverables, or
according to the phases of this Contract, in proportion to the services performed so that
the compensation at the completion of each phase shall equal the following
percentages and amounts of the total fee:
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y f
Phase
Payment of Fee
Payment Per Phase
Cumulative Fee
Payments
Planning Phase
Economic & Market Analysis
28%
$59, 550
$59,250
Design Development Phase
9%
$20,000
$79,250
Environmental Permitting
6%
$11,850
$91,100
Construction Documents/
Infrastructure Permitting
41 %
$87,150
$178,250
Bidding
2%
$4,650
$182,900
Construction Administration
14%
$29,000
$211,900
TOTAL
100%
$211,900
$211,900
ARTICLE 5
SCHEDULE OF WORK
5.1 The CONSULTANT and the CITY agrees that time is of the essence. The
parties agree to perform promptly, diligently and in strict adherence to the schedule set
forth herein. The CITY shall endeavor to complete all functions related to review and
approval of the various phases within fourteen (14) calendar days of receipt of
submissions by CONSULTANT. At each phase, CONSULTANT'S shall begin work
within 10 days of receipt of notice by the CITY to commence.
5.1.1 Planning, Economic & Market Analysis Phase
The CONSULTANT shall complete the Planning Phase within 150 calendar days
after receipt of written authorization from the Project Manager to begin Work on this
phase.
5.1.2 Design Development Phase
The CONSULTANT shall complete the Design Development Phase within 90
calendar days after receipt of written authorization from the Project Manager to begin
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Work on this phase. Within those 90 days, the required time requested for testing is
exclusive. The process of environmental permitting is expected to require 240 da s
which shall run concurrently with different phases of the work. y
5.1.3 Construction Documents
The CONSULTANT shall complete the Construction Documents Phase within 210
calendar days after receipt of written authorization from the Project Manager to bin
Work on this phase. g
5.1.4 .Contract Bidding Phase
It is anticipated that the Contract Bidding Phase, including advertisement, receipt, evaluation and award of bids, the scheduling of CITY Commission approvals, and the
preparation and execution of the contractor agreement, may require 120 calendar days.
5.1.5 Construction Phase -Administration of the Construction Contract
The Construction Phase shall commence with the notice to proceed and shall be
deemed completed upon issuance of Certificate of Substantial Completion. This
period of time is anticipated to be 270 calendar days.
ARTICLE 6
EXTENSION OF TIME
6.1 In the event the CONSULTANT is unable perform or complete performance
of the Work or any portion of the Work, in accordance with the schedule set forth above
in Article 5, upon submission of evidence of the causes of the delay deemed satisfactory to the CITY, the CITY shall grant the CONSULTANT an extension of time
for performance equal to the period the CONSULTANT was actually and necessar'
delayed. It shall be the responsibility of the CONSULTANT to notify the CITYpromptly
in writing whenever a delay is anticipated or experienced, including a delay in a rov y
by any governmental agency having jurisdiction ppal
over the Project, and to inform the
CITY of all facts and details related to the delay.
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ARTICLE 7
ADDITIONAL SERVICES
7.1 The services described in this Article are not included in the Work and they
shall be paid by the CITY as provided in this Agreement, in addition to the
compensation for the Work. The CITY has established an allowance not to exceed
$22,000 for all additional services. These funds will cover section 7.4.6 only. The
CONSULTANT shall provide the services described under this section only if authorized
in writing by the Project Manager.
7.2 If the CITY deems that any of the following services, as set forth below, are
required to complete the WORK under this agreement, the CITY and the
CONSULTANT shall negotiate a lump sum fee to cover the cost of such additional
services.
7.3 In the event that unanticipated delays, not caused by the CONSULTANT,
require that Work in any phase of the Project, including the actual Construction Phase,
be placed on hold more than ninety (90) days, the CONSULTANT shall be entitled to
negotiate compensation based on actual expenses, if any, that may have been incurred
by the CONSULTANT during the time that the Work on the Project was placed on hold.
7.4 The following activities are considered "Additional Services".
7.4.1 Revising previously approved plans or documents, such as Schematic
Designs, Design Development or Construction Documents to accomplish changes
requested by the CITY, except such changes required to bring the construction costs
within the Preliminary Cost Estimate or Estimate of Construction Cost in accordance
with the terms of this Agreement; or, revising previously approved documents after bids
have been received in order to meet varying building codes interpretations, changes in
building codes or other code requirements, provided that CONSULTANT has made its
best effort to anticipate or research potential code changes; or additional effort by the
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CONSULTANT in resubmittals to the regulatory agencies for the purpose of obtaining
approvals and/or permit modifications due to the aforementioned changes and
revisions.
7.4.2 Preparing additional documents and providing related construction
administration services for more than one bid, except as provided in Section 2.2.6 (g) of
this Agreement, and for change orders and for corrections or additions relating to
unforeseen circumstances.
7.4.3 Providing services made necessary by the default of the Contractor, by
major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the CITY or Contractor under the Construction Contract.
7.4.4 Providing prolonged contract administration and unanticipated observation
of construction should the actual construction time exceed the contract construction
time and require additional weekly periodic inspections due to no fault of the
CONSULTANT.
7.4.5 In the event that unanticipated delays not caused by the CONSULTANT
require that Work in any phase of the Project, including the actual Construction Phase,
be placed on hold more than ninety (90) days, the CONSULTANT shall have the
opportunity to negotiate compensation based on actual expenses, if any, that may have
been incurred by the CONSULTANT during the time that the Work on the Project was
placed on hold.
7.4.6 Direct fees paid to firms hired upon the CITY's written request, such as
those required to provide existing condition information about the site, including but not
limited to, water testing, sediment testing, hydrographic study, hydrographic survey and
drainage testing. The CITY has anticipated these particular expenses to be no more
than $22,000.
7.4.7 The Consultant shall attend up to 3 coordinated public meetings,
additional public meetings requested by the CITY or others are not included in the
Consultant Basic Services
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ARTICLE 8
REIMBURSABLE t:vn LASES
8.1 Reimbursable Expenses are in addition to compensation for the Work and
Additional Services (if any are requested) and include actual expenses incurred by the
CONSULTANT on the Work in the interest of the Project, as identified below. The City
has established a maximum allowance of $6,000 to cover all reimbursable expenses
anticipated under this Agreement
8.1.1 Fees paid for securing approval of authorities having jurisdiction over the
Project.
8.1.2 Expense of reproductions, postage and handling of Drawings,
Specifications and other documents, excluding reproductions for the office use of the
Consultant and the Sub -consultant, and excluding those documents and reports,
(deliverables) required at each phase.
8.1.3. Expense of photographic production techniques when used in connection
with Additional Services. Photogrammetry is also included in base fee.
8.1.4. Expense of overtime work requiring higher than regular rates, only if
authorized in advance by the Project Manager.
8.1.5. Expense of renderings and models requested by the Project Manager.
8.1.6. Expense for out of town travel and lodging only if authorized in advance
by the Project Manager.
ARTICLE 9
CONTINGENCY CLAUSE
9.1 This Agreement is contingent on the availability of funds and continued
authorization for programs activities and is subject to amendment or termination
due to lack of funds, or authorization, reduction of funds, and/or changes in
regulations. The CONSULTANT'S scope of services will be initially limited to the
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99- 198
amount of funds currently appropriated within the Capital Improvement Project
No. 322064, not to exceed $211,900. The continuation of this Agreement is
contingent upon the appropriation of additional funds and authorization to
execute the contract between the CITY of Miami and Miami -Dade County for
said funds.
ARTICLE 10
SUSPENSION OR TERMINATION OF AGREEMENT
10.1 In addition to termination for default as set forth below, the CITY may
terminate this Agreement, or any portion of Work to be performed, at any time and for
any reason, by a notice in writing from the Project Manager to the CONSULTANT for
the City's convenience, or if sufficient funds are not available to cover the compensation
payable under this Agreement or the Construction Costs.
10.2 Payment for the Work performed before the effective date of termination
shall be based upon a reasonable estimate of the value of the Work actually performed,
and goods provided, plus reasonable costs of demobilization and canceling contracts
with Subcontractors. The estimate shall be mutually agreed upon by the CITY and the
CONSULTANT. The payment so made to the CONSULTANT shall be in full settlement
for Work rendered and goods and materials provided under this Agreement.
10.3 In the event of termination, the CONSULTANT shall immediately deliver to
the City all Design materials, Construction Documents, any and all other finished and
unfinished documents.
10.4 If the CONSULTANT defaults, the City shall give notice to the
CONSULTANT in writing specifying the default. The following shall constitute
CONSULTANT default provided the following:
(a) Failing to perform design services required under this Agreement and
within the time allowed; or failing to use the Sub -consultants, entities and
personnel as identified and set forth in Article 11,
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(b) Failing to begin the Work under this Agreement within the time specified.
(c) Failing to perform the Work with sufficient workers and equipment or with
sufficient materials to ensure completion of the Project within the specified time.
(d) Failure to comply with any of the terms of this Agreement in any material
respect.
10.6 If the CONSULTANT, within a period of ten days after notice, does not
proceed to remedy the default, or if the CONSULTANT does not cure the default within
a reasonable time, not to exceed 30 calendar days after the notice, or if in the opinion
of the Project Manager the default cannot be cured within 30 calendar days, the CITY
shall have the full power and authority to declare the CONSULTANT in default and to
terminate this Agreement and have the remedies set forth below, in addition to all other
remedies provided at law or in equity. However, in no event shall the time period for
curing a default constitute an extension of the Scheduled Date of Substantial
Completion or a waiver of any of the CITY'S remedies.
10.6 All costs and charges incurred by the CITY as the result of an uncured
default or a default cured beyond the time limits stated, together with the cost of
completing the Work, and/or correcting or completing the Project affected by said
default, shall be deducted from any compensation due or which may become due under
this Agreement. In case the expense is greater than the sum which would have been
due and payable under this Agreement, the CONSULTANT shall be liable and shall pay
the difference to the CITY.
10.7 If, after notice of termination of this Agreement it is determined for any
reason that the CONSULTANT was not in default under the provisions of this
Agreement, or that the delay was excusable, the rights and obligations of the parties
shall be the same as if the notice of termination had been issued pursuant to Section
9.1 (termination for convenience clause).
10.8 No remedy under the terms of this Agreement is intended to be exclusive
of any other remedy, but each and every remedy shall be cumulative and shall be in
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addition to any other remedies, existing now or later, at law, in equity or by statute. No
delay or omission to exercise any right or power accruing upon any event of default
shall impair any right or power nor shall it be construed to be a waiver of any event of
default or acquiescence in it, and every right and power may be exercised from time to
time as often as may be deemed expedient.
ARTICLE 11
SUB -CONSULTANTS
11.1 Selection of the CONSULTANT by CITY was based, in part, on the
qualifications and expertise of the Sub -consultants listed by the CONSULTANT in the
CONSULTANTS Pronnnnl
CONSULTANT under this Agreement shall include theemploymentof the fMY Lilt
ollowing
Sub -consultants to perform professional services in their respective areas of specialties
as may be required by the PROJECT:
CH2MHILL Inc.
2828 Coral Way, Suite 440
Miami,. FL 33145
Albert R. Perez Associates
250 Catalonia Avenue, Suite 300
Coral Gables, FL 33134
Tom Graboski Associates, Inc.
4648 Ponce De Leon Boulevard, Suite 401
Coral Gables, FL 33146
The Chesapeake Group, Inc.
8516 Green Lane
Baltimore, Maryland
Daniel Williams Architect
1788 Opechee Drive
Coconut Grove, FL 33133
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Arva Parks & Company
1601 South Miami Avenue
Miami, FL 33129
Environmental Development Consultants (EDC Corp.)
2250 Dixie Highway, Suite 2
Coconut Grove, FL 33133
11.2 The CONSULTANT may choose additional Sub -consultants, for which
prior written approval from the CITY must be obtained, but may not exclude those
designated in Article 11 A without an acceptable written request to the Project Manager
for his approval, submitting the reasons for said termination and acceptance by the
Project Manager of said request.
11.3 The CONSULTANT shall be responsible for all the Work of his
organization, and that of his Sub -consultants. Nothing contained in this Agreement
shall create any contractual relationship between any of the Sub -consultants working
for the CONSULTANT and the CITY. The CONSULTANT is in no way relieved of any
responsibility under the terms of this Agreement by virtue of any other professional who
may associate with him in performing the Work.
ARTICLE 12
GENERAL CONDITIONS
12.1 All notices or other communications which shall or may be given pursuant
to this Agreement shall be in writing and shall be delivered by personal service or by
registered mail addressed to the party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed given on the day on
which personally served; or, if by mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
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CONSULTANT:
Milian, Swain & Associates, Inc.
2025 SW 32"d Avenue
Miami, FL 33145
(305) 441-0123:
CITY OF MIAMI:
Erdal Donme2, Director
Real Estate & Economic Development
444 SW 2nd Avenue, 3nd Floor
Miami, FL 33130
(305) 416-1435
12.2 Title and paragraph headings are for convenient reference and are n
part of this Agreement. of a
12.3 In the event of conflict between the terms of this Agreement and an
or conditions contained in any attached documents, the terms of this Agreemen terms
rule. t shall
12.4 No waiver or breach of any provision of this Agreement shall consti
waiver of any subsequent breach of the same or any other provision here tute a
waiver shall be effective unless made in writing. of, and no
12.5 Should any provisions, paragraphs, sentences, words or phrases cont
in this Agreement be determined by a court of competent jurisdiction t vaned
o b
illegal or otherwise unenforceable under the laws of the State of Florida e invalid,
Miami, such provisions or the City of
modified to the extent necessary in order to conform with such laws,
paragraphs, sentences, words or phrases shall be deemed
or if not
modifiable
to conform with such laws, then same shall be deemed several, and in eith
remaining terms and provisions of this Agreement shall remain unmodifiedra vent, the
force and effect. nd in full
12.6 Both parties shall comply with all applicable laws, ordinances and c
Federal, State and Local Governments. odes of
12.7 This Agreement shall be Construed and enforced according to the I
the State of Florida and venue shall be in Miami -Dade County, Florida. aws of
2s
sq^ 19S
ARTICLE 13
INCI IReNP°F
13.1 CONSULTANT shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the CITY'S Risk Management Department,
including $1 million of (MNTD) professional liability insurance with respect to the
CONSULTANTS performance of professional services for the CITY under this
Agreement including, but not limited to, design, architectural and engineering services.
All such insurance, including renewals, shall be subject to the approval of the CITY for
adequacy, of protection and evidence of such coverage shall be furnished to the CITY
on Certificates of Insurance indicating such insurance to be in force and effect and
providing that it will not be canceled during the performance of the services under this
contract without thirty (30) calendar days prior written notice to the CITY. Completed
Certificates of Insurance shall be filed with the CITY prior to the performance of
services hereunder, provided, however, that CONSULTANT shall at any time upon
request file duplicate copies of the policies of such insurance with the CITY.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
14.1 All tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited to
documents, shop drawing, computer programs, photographs and all other materials for
the Project or if such programs are not the property of the CONSULTANT or Sub -
consultant the results of the use of them by the CONSULTANT or the Sub -consultant,
data, plans, drawing, sketches, illustrations, specifications descriptions, models, the
Program Analysis Document, the Conceptual Design, the Schematic Design
Documents, the Design Development Documents, the Construction Documents, and
any other document developed, prepared, furnished, delivered or required to be
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delivered under this Agreement (the "Design Materials") shall be and remain the
property of the CITY whether or not the Project or the Work is commenced or
completed.
14.2 The Design Materials shall be delivered to the CITY by the CONSULTANT
upon completion of the services required pursuant to this Agreement. The
CONSULTANT agrees that Design Materials and any other document maintained and
generated pursuant to this contractual relationship between the CITY and the
CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter
119, Florida Statutes. All design materials are the property of the CITY and for the
CITY's exclusive use and reuse at any time without further compensation and
restrictions.
14.3 Notwithstanding the fact that the Design Materials are and remain at all
times during the term of this Agreement the property of the CITY, the CONSULTANT
shall be responsible for any loss or damage to the Design Materials, while the Design
Materials are in the possession of the CONSULTANT or the Sub -consultants, and any
such Design Materials lost or damage shall be replaced or restored at the
CONSULTANT'S expense.
ARTICLE 15
NONDELEGABILITY
15.1 The obligations undertaken by the CONSULTANT pursuant to this
Agreement shall not be delegated or assigned to any other person or firm unless the
CITY shall first consent in writing to the performance or assignment of such service or
any part thereof by another person or firm.
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ARTICLE 16
AUDIT RIGHTS
16.1 The CITY reserves the right to audit the records of the CONSULTANT at
any time during the performance of this Agreement and for a period of three (3) years
after final payment is made under this Agreement.
16.2 The CONSULTANT shall agree to abide by the applicable administrative
rules and regulations of the Safe Neighborhood Parks Bonds Program (SNP), and the
Florida Department of Environmental Protection (DEP), copies of which have been
furnished to CONSULTANT, and CONSULTANT hereby acknowledge receipt thereof.
ARTICLE 17
AWARD OF AGREEMENT
17.1 The CONSULTANT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agree to pay any person employed by the CITY any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
ARTICLE 18
SUCCESSORS AND ASSIGNS
18.1 This Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
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Ar1�+'�el;.�«paFwdu+d.'e�-tty3aM�t'k.°��"�r
ARTICLE 19
INDEMNIFICATION
19.1 CONSULTANT covenants and agrees that it will indemnify and hold
harmless the CITY and any of its officers, agents and employees from claims, loss,
damage, cost, charge or expense arising out of negligent acts, , or omissions by
CONSULTANT or any of its officers, agents, employees or sub -consultants during the
performance of this Agreement, and whether to any person or property to which CITY
and any of its officers, agents, and employees may be subject except that neither
CONSULTANT nor its officers, agents, employees and Sub -consultants will be liable
under this section for damages arising out of injury or damage to persons or property
directly caused or resulting from the negligence of the CITY or any of its agents, officers
or employees.
19.2 The indemnity required herein shall not be limited by reason of the
specification of any particular insurance coverage in this Agreement.
ARTICLE 20
CONFLICT OF INTEREST
20.1 The CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with this Agreement
has any personal financial interests, direct or indirect, with the CITY. The
CONSULTANT further covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be employed. Any such interests on the part of the
CONSULTANT its employees, must be disclosed in writing to the CITY.
20.2 The CONSULTANT is aware of the conflict of interest laws of the City of
Miami (City of Miami Code Chapter 2, Article V),Dade County, Florida (Dade County
Code Section 2-11-1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws.
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j
ARTICLE 21
INDEPENDENT CONTRACTOR
21.1 The CONSULTANT and its employees, agents and subconsultants and
their employees and agents shall be deemed to be independent contractors, and not
agents or employees of the CITY, and shall not attain any rights or benefits under the
Civil Service or Pension ordinances of the CITY, or any rights generally afforded
classified or unclassified employees; further its employees, agents, Sub -consultants
and their employees and agents shall not be deemed entitled to the Florida Worker's
Compensation benefits as an employee of the CITY.
ARTICLE 22
NONDISCRIMINATION
22.1 The CONSULTANT agrees that it shall not discriminate as to race, sex,
color, creed, or national origin, in connection with its performance under this
Agreement.
ARTICLE 23
MINORITY PROCUREMENT COMPLIANCE
. 23.1 The CONSULTANT acknowledges that it has been furnished a copy of
ordinance No. 10535 the Minority Procurement Ordinance of the City of Miami, and
agrees to comply with all applicable substantive and procedural provisions therein,
including any amendments thereto.
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ARTICLE 24
ENTIRE AGREEMENT
24.1 This instrument and its attachments constitute the sole and only
Agreement of the parties hereto relating to said grant and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are
of no force or effect.
ARTICLE 25
AMENDMENTS
25.1 No amendments to this Agreement shall be binding on either party unless
in writing and signed by both parties.
ARTICLE 26
APPROVAL BY THE OVERSIGHT BOARD
26.1 The State of Florida has appointed an Emergency Financial Oversight
Board (the "Oversight Board") which is empowered to review and approve all pending
City of Miami contracts. As a result, contracts shall not be binding on the CITY until
such time as they have been approved by the Oversight Board. Execution of this
Agreement by the CITY shall constitute evidence of approval by the Oversight Board.
34
S9- 198
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized this day and year first
above written.
ATTEST: CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
WALTER J FOEMAN
CITY CLERK
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO INSURANCE
REQUIREMENTS
DONALD H. WARSHAW
CITY MANAGER
CONSULTANT,
MILIAN, SWAIN & ASSOCIATES, INC.
VICE PRESIDENT
APPROVED AS TO FORM AND
CORRECTNESS:
MARIO SOLDAVILLA ALEJANDRO VILARELLO
RISK MANAGEMENT DEPARTMENT CITY ATTORNEY
35
99 - 198
o-
CORPORATE RESOLUTION
WHEREAS, desires to enter into a
Professional Services Agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the by-laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the president and secretary are hereby authorized and instructed to enter into a
contract in the name and on behalf of this corporation with the City of Miami upon the
terms contained in the proposed contract to which this resolution is attached.
SECRETARY
DATED this day of , 1999.
(SEAL)
36
DIRECTOR
99- 198
i ,s'z uir
ATTACHMENTS:
Exhibit A - Lummus Waterfront Concept Plan
LEGISLATION
Resolution No. 97-866
Resolution No. 98-529
37
89- 198
'A
Pol
LZ
J-9A-26)
S/4/9S
RESOLUTION NO. _ 529
A RESOLUTION ACCEPTING THE RECOMNIENDAT ION OF
THE CITY MANAGER TO APPROVE THE FINDINGS OF
THE SELECTION COMMITTEE AS TO THE MOST
QUALIFIED TEAMS, IN RANK ORDER, TO PROVIDE
PLANNING AND DESIGN SERVICES IN THE FIELDS OF
ENt; 24EE LING AND LANDSCAPE ARCHITECTL*E FOR
THE RIVERSIDE RIVERFRONT REDEVELOPMENT
PROJECT; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH THE MOST QUALIFIED TI"AMS, IN
RANK ORDER, UNTIL, HE ARXVES AT AN AGREEMENT
WHICH IS FAIR, CONWETITIVE AND REASONABLE;
FURTHER DIRECTING THE CITY MANAGER TO PRESENT
THE NEGOTIATED AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY
COUMSSION FOR FINAL APPROVAL.
WHEREAS, the City of Munk pursuant to Resolution No. 97-866. adopted December 9,
1997, designated the Riverside Riverffont Redevelopment Project (the "Project") u "Category 13"
fbr the acquisition of professional planning and design services; and
WHEREAS, said Project requires the services of a quwified engineering firm, as prime
consultant, and a landscape architectural firm to first assess City properties located on the Miami
River as to their needs for dredging, shoreline stabilization, access and other improvements, and
then to prepare a master plan and complete construction drawings for certain improvements to the
property known as Lummus Park/Pioneer Club site, including a riverwalk, boat slips, shoreline
stabilization, public plazas, lighting and landscaping, and
MAY 2 6 108
Ra"h+al" rNw
98- 529
99- �9
WHEREAS, Resolution No. 97.866 also appointed a Certification Committee of
professionals in the geld of endeavor and appointed the Chairperson of the selection committee to
review the qualifications and related information provided by those responding to a Request for
Qualifications ("RFQ") fvr said professional services; and
WHEREAS, a competitive selection process, as described herein, was duly conducted in
accordance with Chapter 287, Florida Statutes, and Section 18.81 of the Code of the City of
Miami, Florida, as amended; and
WHEREAS, the City of Hand advertised and issued the RFQ for the required services for
the Project on Dwember 29, 1997; and
WHEREAS, ten (10) proposals were received by the City Clerk on January 26, 1998, and
the Certification Committee subsequently reviewed and certified nine (9) proposals In accordance
with established criteria; and
WIEREAS, the Competitive Selection Committee evaluated the nine (9) cerdW
proposals according to criteria established in the RF% and "short listed" five (S) teams to
participate in a presentation and interview, and
WHEREAS, the Selection Committee subsequently interviewed and evaluated, also
according to criteria stated in the RFQ, the five teams and then adopted as its finding, the five
teams in specified rank order as most qualified to provide the required professional services for
this Project; and
WHEREAS, the City Manager has reviewed the report of the Selection Committee and
recommends that its findings as to the rank order of the most qualified teams be approved;
NOW, THEREFORE, BE IT RESOLVE® BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
'Z' 98- 529
S9- 198
11
Section I. The recitals and findings contalrW in the Preamble to this Resolution ere
hereby adopted by reference thereto and incorporated herein as if lblly set forth to this Section.
Section 2. The City Commission hereby accepts the neoonimendation of the City
Umager to approve the findings of the Competitive Selection Committee as to the fwine
otlo
teams, in rank order, as the most qualified to provide
pW and dew seMces in the fields of
engineering and landscape architecture for the Riverside Rived Redevelopment project:
IUMAAWWA
Prlrne Consultant: AUAD, Swain & Associates„ Inc. ^
Subconsultant(s): CWM Ii t Inc,
Albert R Associates, P.A
Torn Grabowski Associates, Inc.
The Chesapeake Group, Ina.
Daniel Wriliams, Architect
Arva Parka & Company
Tears �ntr�rl ��
Prlrtre Conmdtant: Carney Neese, inc.
SubconvAtant(s): WW'AM Roberts & Todd
Who & Nchol Engineers
Ontek Engineering
Prime Conwitant: C.A.P. Engineering Counts, Inc.
Subconsultant(s): Curds Rogers Design Studio, Inc.
Consulting Engineering and SclewA Inc.
.3.
98- 529
9- .198
77
T&am Wed #4
Prime Consultant:
Subconsultants:
Team Ranked 0
Prime Consultant:
Subconsultants:
Bermello, AiarWl do Partners
Weidener Surveying dt Mapping
HuNy-Nicolaides-Garcia-Suarez
Evans Environmental
Biscayne Engineering Company, Inc.
Frega Engineers
LK"MC of Florida, Inc.
Rosenberg Design Group
NDT, tnc.
Consul -Tech Engtneerit & Inc.
Section 3, The City Commission hereby authorizes the City Manager to negotiate an
agreement with the Team ranked first as set forth in Section Z berein. In the event that the Chy
Manager cannot negotiate an agreement which, in his option, is fair, competitive and reasonable
with the Teens ranked Rrs k then he is hereby authorized to terminate such negotiations and to
proceed to negotiate with the second most qualified Team, and so on through the ranked
providem until a satialkotory agreement is reached.
Section 4. The City Manager is hereby directedv to present the negotiated agreement,
In a form acceptable to the City Attorney, to the City Commission for final approval.
Section S. This Resolution shall become ei%cdve immediately upon its adoption.
y The herein direction is subject to compliance with all requirements that may be imposed by
the City Attorney, Including but not limited to those prescribed by applicable City Charter
and Code provislons.
-9-
98- 529
99- 198
PASSED AND ADOPTED thdl Z 6 th day of- AM . 1 "s.
JOB CAROLLO. MAYOR
In Goa MWM WM MWW Code Spa. tt,'l47, since ft Moybr did not Mai approval of
'his leptsUM by ti9*10 R In IN dalpnabd pkw provklod, said legislation ncru
bwomai el40m Wth dw Om" of ton
ATTEST: days from 9ho data of cn OW,
4. o74�4OUA�
: •,
���0 t tha
(W
WALYFR L FOE1biAN
CITY CLERK
PREPAREID AND APPROVED BY
LIIdDA ICEL�,Y
ASSISTANT CITY ATTORNEY
LKMSS/pb/W2328
(70
%X-97'-845
• 1.2/2/97
RESOLUTION N0. 97 ^ $ 6 6
A RESOLUTION 1J$BIGNATING RIVgR$IDB
RIVERFRONT' : RBbEV2LOPMONT P90,Y;CT AS A
CATHGORY .•• *l$" PROJECT FOR . tHB.' PURPOS9 OF
NN
ACQUIRINO , PkOPROSIONAL PLAINQ' AND DBSIGN
' S1311vicn, ''IN THE. .yIBLDS OF 9NQItM218INd AND
LANDSCAP$ ARCHITBL-rMB6. JWp0IHfiIN4 A
CBRTIF,ICATIdN COMIT ER OF NOT : LBBS THAN
'TME MM BRS W*OSH PROPUSIONAt- BX0J3RTI38. I$
�N THE OF MMINBgRINQ; AND.* A1PpOii� rrNG
THB DIRECTO OF THS DBPARr4nNT OF'.: PLANNING
• AND DRVBL4 . • . OR HIS/HER • D9SIG'M91"' 'AS
CHAIRPgRBON.- OF •. THE " COMPgTIT1VS ' -WL I .�TION'
G'owrri`B8; IN ACCORDANCB - WITH 613CTION 18-81
OF THB CODB OF THE CITY OF MIAN1,•FLORIDA, AS
AMENDED, AND CHAh'I'BR 287, FLORIDA STATDTBS,
AS AME ED.
WHBRHAS, the Department of Planning and Development prepared
a, .long-range plan for the revitalisation of an area adjacent Co
diiwntown; and the Miami Rider known as the.•"Riverside District";
WHBRBAS, a portion of the Riverside District plan addresses
the deterioration of the River and calls for a project to improve
the'ri-rerfkont adjacent to City -owned properties, and to increase
p%!blic..eecessibility to the waterfront; and
WHEREAS, Phase I of said project will consist of an
a$sessment of the physical needs along City riverf rout properties
i0cluding.Lummus Park, Curtis Park, Sewell Park, Jose Marti Park,
as•well as a City leasehold, Garcia Brothers Seafood; and
Noma OP
DEC 0 t997
9 W6
1.9
98
W E D 1 T 24
OiSAS, P�ajq'- 1J.'
•. ;r
Of 'said project Kill epsCifieelly.eddxeeo•
rddevelo �snpnG 'for the` riverf�ront 'portion of � Lummn * 1?ark • - alro
kc�own ee c`the old.,]?ion er Club site; .and
5, 1 booed '• ?tin the priorities estblisiied by, the.
�d serneait, work' will include ;
s but is `nbt. iiniited to additiionei
la ,�khea�d Bind ehorelirib ®taliliration
,.. a?�ed9iri rina' and ' boat
o r�kOP impr0vgments. • A Continuation' of the � '
rill rwalk;
ce�f�skruVion .'of new tiblie 1
p azas, instarll.ation of lightingr; site .
uiY iahiAoa and landsCapiri � an
- ..
WH81�$AS, Ruch work will ref uire profogoional c auitlri.
ces ` in the specialised fields of engine®rin and lasn'
' 9 d��ape
.. a hiteC urej ansi
i
Section: ie-8i of ' the Code of the City of Miami,
i+lorida,•' �►s. amended the' "City Code") , Ptbvides regulations for
r
;'.
tti� acqu aition of ouch proteoeional gervicesj and
WHBAs1'$, the Ci't
y Manager recommends that .the Riverside
:'. iti ve:rf root . Development Project be designated a ' Cate
gow 1§"
... .
pXbect in'acco'rdance 'With provisions of City Code 8ecti6n i8-81,
r F
f
whca a1bQ requireg that: the City . Cotnmiesion' establish'
' a
k,igtifi'cAtioncorranittee of not legs than three 'atembersi and.
WH�IBA3, !the recommendations for appointment of
t . professional
n eritlineere to the certification corr�nitt,ee are: John Jackson',. P,B:,
yrosaeteves, P.B., and Juan Ordonez, A.B.; :and
«:
the City Manager recommends that the Dir®ctor of
i
• the DepaFtment of Plannin and Develo g.. pmsnt, or his/her designee,
rs bad a
ppoi,nted as Chairperson of the competitive selectipn
}} Ccmi t t e¢, and
.' WI•tRR$AS, •the' Y Manager will con •
i duct' a • C
ompetitiir
sgl�ctioi► '
process • as ' icequired and return to 'the City C a�ioq
a0 a at*r date with"'the results of'ssi r t
d procee'l and
iRRBAS, fund'o Said
Project i� thd' , amount
$1'e 250, 040 have beer' .designated !r of*
tNe Dade ' Country She
Neighborhood Pask aond P�s9gr�m and front tw
® "state grants . �,
1. boon' be +�PPropriete . i h ch
cto the Capital I
(xP"j i mprovement , Program
NOR,* �: •:
1'HBR$�*ORB, $$ IT` RRSOLVBD By Z'Hg :
or .,MIAMI; ' FY,pltlD�l: COHIl+4I$SIaId OF TRH .CITY :
Section I.
The reeitals.and findings contained in Lhe
7, P'bam�bll to this Resolution are hereb :a
Y doptgd by reference
tiioreto and in
cbrporated .bereir� ass' if Rally set . for
seotion. th in this
section 2. The. •.Riverside
: 8iyeefroiit Redwei
Propment
oaject ie hereby designated as a Cat
E., ox'Y "]3*" : t�uieitionProject for the
ac'. of professionalianning And d�si
accordance with the gn, services iri
. Proviaions of Sectio 18_
s.
th .city of Miami, Florida, as am 1 of the Code of
ended, and"Chapter 287, Florida
S-a6ut.. as amended.
SCctiort 3. •
The following individua:l.$, with . the.ir
deP�Onees if neceasa
'� are hereby named to the certification
c4minitts'®. for said project: John �7ackean, p. g. gi
getevez
and d' ,
uan Ordort®zyrosa , P . g .
3 -
0-9- 198
Section 4. Ttie Director of the 'Departmen.t of Planning � d.Devaiopment, or his/her desi ee, is
chairperi9oh of hereby appointed ��
the competitive selection
p Oject.; comaaittes for s&id
• ' tan 5 �
• hie lteaolurion s1aa1Y became i�fCective
medlefrely upoU, ite *doption.
PASdBO 11�3PTgD this 9th `day or
1997.
A "8ST
` In aaaordance Wth XAVTBR L.' SITARgz
ails le9ialaflon b I�liafii fa Soo, 240" O fh0 MA ' MAYOR
y a gnln It lh Y c1d" ' Indlco
becamea e = d"tnalad lace a PprevoE of .
the elapse often 10 da p f PrOVtded, • aald lepirilstton raW
IT83g wl the MgS6r oXer a ®tcMM the date Of m'sitct,. t 4
?f 'AL I"P-OVOUNT PROJgCT RR-VIBW:
W n, Cry Cletfc
O . ; SN$BFiAAI, C00 ZNATOR
° 'A4VBD AS TO FORM AIM COMWC°MSS
I.. ;ATT II
Y
4
r_
1v
;'>
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
(7 21
TO: The Honorable Mayor and
Members of the City Commission
FROM:
I /alH�aw
City Manager
RECOMMENDATION
DATE : MAR 16 iggv
FILE:
SUBJECT: Riverside Professional
Services Agreement
REFERFNCESCity Commission Meeting
of March 23rd, 1999
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute a
professional services agreement, in substantially the attached
form, with the firm of Milian, Swain and Associates, Inc., to
provide professional planning and design services for the
Riverside Riverfront Redevelopment Project, for a maximum fee of
$239,900, consisting of a base fee of $211,900 with allowances
not to exceed $6,000 for reimbursable expenses and $22,000 for
prescribed additional expenses; allocating funds from the Capital
Improvement Project No. 322064 entitled "Riverside Riverfront
Redevelopment Project".
BACKGROUND
The Riverside Riverfront Redevelopment Project will identify
appropriate uses to city -owned and private properties located
along the Miami River and within the Riverside District. This
analysis will result in a Program Development Report that will be
used as a marketing strategy to encourage investment and
redevelopment in the District. Immediately following the report
findings, the Lummus Park Riverfront Master Plan will define
physical improvements such as seawall repair, shoreline
stabilization, storm water controls, dredging, a new riverwalk,
plazas, lighting and landscaping. These improvements will be
implemented in an effort to enhance 'the property for future
redevelopment by a private entity.( The overall goal of the
project is to revitalize the district by identifying ways to
redevelop the waterfront, in addition to retaining the historical
resources.
The Department of Real Estate and Economic Development has
negotiated an agreement between the City of Miami and the firm of
Milian, Swain and Associates, Inc., in conjunction with its
subconsultants identified in the table below, to provide
99 - 198
,.I
r
Honorable Mayor and the Members
of the City Commission
Pace 2
professional planning and design services for the Riverside
Riverfront Redevelopment Project. The following is a description
of the work to be performed by the professional consultant team
assigned to the Project:
FIRM
Description of Work
Milian, Swain and Associates, Inc. (Prime Consultant)
Civil and Environmental Engineering
CH2.MHILL, Inc. (Sub -Consultant)
Environmental, Civil, Transportation Engineering
Albert R. Perez Associates (Sub -Consultant)
Landscape Architect/Urban Planners
Tom Graboski Associates, Inc. (Sub -Consultant)
Graphics and Signage Illustrator
The Chesapeake Group, Inc. (Sub -Consultant)
Economic and Feasibility Analysis
Daniel Williams Architect (Sub -Consultant)
Urban & Regional Planner/Designer
Arva Parks & Company (Sub -Consultant)
Historian
Environmental Development Consultant (Sub -Consultant)
Engineering Design & Environmental Permitting
The professional services will include an economic analysis and
marketing study of the entire Riverside District, to be performed
primarily by subconsultants the Chesapeake Group, which will
assess and make recommendations as to the district's future long
term development potential as both a commercial (entertainment,
restaurant and retail) and residential center for the City.
Secondly, the entire team of consultants will provide
comprehensive design and construction administration services for
the Lummus Park Riverfront Master Plan, which will define
physical infrastructure improvements to the river front portion
of Lummus Park.
The process to select these consultants began on December 9,
1997, when the Commission adopted Resolution No. 97-866,
designating the Riverside project as a "Category B" project for
the purpose of acquiring professional services in the fields of
engineering and landscape architecture. The former Department of
Planning and
Development duly conducted a competitive selection process,
soliciting proposals from interested parties via an RFP that was
issued December 29, 1997. Of the 10 proposals that were received
on January 26, 1998, the selection committee evaluated and
subsequently ranked 5 proposals, and that recommendation and
ranking was then approved by the City Commission on May 26, 1998,
by Resolution No. 98-529.
That same resolution of the City Commission instructed the
administration to commence negotiations with the top -ranked firm
of Milian, Swain, and Associates, Inc., in conjunction with its
subconsultants, to perform the required services for the Project.
The first part of the contract calls for a market and economic
analysis of the Riverside District to be performed. The results
of such a study will result in a Program Development Report that
Honorable Mayor and the Members
of the City Commission
Page 3
will define appropriate reuse for specific properties and
redevelopment .for the Riverside District.
The second part of the contract involves the design of
infrastructure improvements to the riverfront portion of Lummus
Park, which are envisioned to include a riverwalk, boat slips,
shoreline stabilization, storm water controls, bulkhead and
marina facilities, paving, grading and dredging, lighting,
landscaping, and site furnishings. These elements are intended
to enhance the property for subsequent redevelopment by a private
entity selected at a later date through another competitive
process.
The maximum fee for professional services under the agreement is
$239,900, consisting of a base fee of $211,900, and up to $28,000
in project allowances. The base fee is further broken down in
two segments including $40,000 for the economic and market
analysis of the District, and $171,900 for the professional
engineering services for the construction of site improvements
previously described.
To expedite the project, the agreement also includes project
allowances not to exceed $28,000 which includes as follows:$6,000
for reimbursable expenses for such items as permit fees and
reproductions, and up to $22,000 for additional services that may
be required to complete the project on a timely basis. These
allowances can only be spent upon advance approval of the City
for services such as studies, surveys, and testing required for
environmental permitting.
Funds in the total amount of $455,200 have been appropriated into
the Capital Improvement Project No. 322064 entitled "Riverside
Riverfront Redevelopment Project", consisting of funds from the
State of Florida Department of Environmental Protection (DEP),
the Miami -Dade County Safe Neighborhood Park (SNP) Bond Program,
and from a private developer contribution.
DHW/DB/ED W DE'
09- 198