HomeMy WebLinkAboutR-93-0242J-93-239
4/15/93 93- 242
RESOLUTION NO.
A RESOLUTION, WITH AT'T'.A.CHMENT(S) , AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM
OF BERMELLO AJAMIL & PARTNERSr INC., IN AN
AMOUNT NOT TO EXCEED 5180,000.00, TO PROVIDE
PROFESSIONAL ARCHITECTURAL, ENGINEERING, AND
CINEMA DESIGN/OPERATION/MANAGEMENT CONSULTING
SERVICES FOR THE DESIGN, PREPARATION OF
CONSTRUCTION DOCUMENTS AND CONSTRUCTION
ADMINISTRATION FOR THE TOWER THEATER
RENOVATION, LOCATED AT 1508 SOUTHWEST 8TH
—' STREET, MIAMI, FLORIDA; ALLOCATING FUNDS
THEREFOR FOR SAID SERVICES FROM CAPITAL
IMPROVEMENT PROJECT NO. 321038, ENTITLED
"LATIN QUARTER SPECIALTY CENTER".
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WHEREAS, the City of Miami, pursuant to Resolution
No. 92-575, adopted September 24, 1992, designated as a
Category B Pr.Gject, the acquisition of planning and design
services including preparation of construction documents, and
construction administration for the Tower Theater Renovation
Project; and
WHEREAS, the selection procedures were performed in
accordance with the Consultants Competitive Negotiation Act as
defined in Florida Statute 287.055, and Section 18.52.3 of the
Code of the City of Miami, Florida, as amended; and
WHEREAS, on March 11, 1993, the City Commission, pursuant to
Resolution No. 93-178, approved the findings of the Consultant
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Selection Committee as to the most qualified teams, in rank
order, to provide the required professional services for the
Tower Theater Renovation project; and
WHEREAS, Resolution No. 93-178 further authorized the City
Manager to undertake negotiations with the most qualified teams
in rank order until he arrives at an agreement which is
competitive and reasonable; and
WHEREAS, the Agreement, between the City of Miami and
Bermello Ajamil & Partners, Inc., was negotiated in a fair and
reasonable manner and in the best interest of the parties; and
WHEREAS, an amount not to exceed $180,000.00 as compensation
for the required professional services is available from funds
allocated in Capital Improvement Project No. 321038, entitled
"Latin Quarter Specialty Center"; and
WHEREAS, the City Commission has expressed its desire to
award said professional services agreement to the firm of
Bermello Ajamil & Partners, Inc., with the understanding that
said firm will plan and design a project the total cost of which
will not exceed an amount of one million five hundred thousand
dollars ($I,500,000) exclusive of the cost of acquisition of the
property;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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Section 2. The City Manager is hereby authorized to
execute an Agreement, in substantially the attached form, with
the firm of Bermello Ajamil & Partners, Inc., to provide
professional architectural, engineering, and cinema
design/operation/management consulting services for the design,
preparation of construction documents and construction
administration for the Tower Theater Renovation, located at
1508 Southwest 8th Street, Miami, Florida, with funds therefor
for said services hereby allocated from Capital Improvement
Project No. 321038, entitled "Latin Quarter Specialty Center".
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 15th day of Apri" , 1993.
XAV I ER L� SUAREZ , MAYOR
ATT
MA TY HIRAI
CITY CLERK
CAPITAL IMPROVEMENT PROJECT REVIEW:
BOAARDO RO IG Z
CIV,,PWJEC CO RDINATOR
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PREPARED AND APPROVED M
IKKA M. A13ELLA
ASSISTANT CITY ATTORNEY
"PROVED AS TO FORM AND CORRECTNESSs
BSS/bjr/M3544
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93- 24
n'S
PROFESSIQNAL_SEftV ICAGi2EEMNT
This Agreement is entered into this day of
1993, by and between the City of Miami, a municipal
corporation of the State of Florida, hereinafter referred to as
"CITY" and Bermello, Ajamil and Partners, with its primary office
located at 2601 South Bayshore Drive, Miami, Florida, 33133,
hereinafter referred to as "CONSULTANT".
W I T N E S S T H
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jWHEREAS, the City of Miami pursuant to Resolution No. 92-575
adopted September 24, 1992, designated the acquisition of
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architectural, landscape architectural and engineering services
it
for the design, preparation of construction documents, and
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construction administration of a community cinema theater at the
historic Tower Theater Building located at 1508 SW 8th Street,
Miami, Florida as a Category B Project; and
WHEREAS, the selection procedures were performed in
accordance with the Consultants Competitive Negotiation Act as
defined in F.S. Section 287.055, and City of Miami Ordinance 9572
which appears as Section 18.52.3 of the Code of the City of
Miami; and
WHEREAS, on March lith, 1993, the City Commission by
Resolution 93-178, approved the findings of the Consultant
Selection Committee as to the most qualified teams, in rank
v
order, to provide professional services for the design,
preparation of construction documents and construction
93- 242
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administration of a community cinema theater at the Tower Theater
Building; and
WHEREAS, Resolution No. 93-178 further authorized the City
Manager to undertake negotiations with the most qualified teams
in rank order until an agreement is arrived at, which is
competitive and reasonable; and
WHEREAS, the Agreement, between the City of Miami and
Bermello, Ajamil & Partners, Inc., was negotiated in a fair and
reasonable manner and in the best interst of the parties; and
WHEREAS, an amount not to exceed $180,000.00 as compensation
for the required professional services is available from funds
allocated in Capital Improvement Project No. 321038, entitled
"Latin Quarter Specialty Center"; and
WHEREAS, the City Commission, in Resolution No. 93-242,
adopted on April 15, 1993, expressed its desire to award said
professional services agreement to the firm of Bermello, Ajamil &
Partners, Inc., with the understanding that said firm will plan
and design a project, the total construction cost of which will
not exceed an amount of one million five hundred thousand dollars
($1,500,000) exclusive of the cost of acquisition of the
Property.
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:
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I. __DEFYNITIO S_
A. DIRECT TECHNICAL SALARY COSTS - is hereby defined as
the salary costs limited to direct payroll of technical wind
professional employees for time spent on the project and shall
not include fringe benefits.
B. PROJECT - is hereby defined as the development of a
community cinema theater at the Tower Theater Building located at
1508 S.W. 8th Street in Miami, Florida.
C. PROJECT MANAGER - is hereby defined as the Director of
the Department of Development and Housing Conservation or his
designee who shall function as the Manager of the PROJECT for the
CITY.
D. WORK - is hereby defined as all the professional and
technical services to be rendered or provided by the CONSULTANT
,
for the PROJECT, as described in SECTION II. CONSULTANT'S
RESPONSIBILITIES hereof.
II . CONSULTANT! SSO SIB LITIFiS_
A. The CONSULTANT shall undertake and be fully responsible
for the professional and technical services to be rendered as
described herein this Agreement, in close coordination with the
CITY.
B. The CONSULTANT shall, in the preparation of plans,
specifications and all other documents pertaining to the PROJECT,
comply with all Federal, State and local codes, ordinances and
regulations pertaining to the design of the PROJECT.
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C. The CONSULTANT shall obtain approval from the CITY for
each phase of the WORK in accordance with SECTION VI. SCHEDULE OF
WORK prior to beginning WORK in the next phase. Each prior phase
shall be considered complete upon receipt of said approval and
acceptance by CITY.
D. The CONSULTANT shall produce a design for a community
cinema theater, which includes but is not limited to, renovation
of the historic structure's exterior and marquee, theater seating
spaces, restrooms, a stage for incidental performances and
meetings plus sound and lighting equipment sufficient for such
ancillary uses, film projection rooms, offices for management and
operations, retail and concession space, lobbies and circulation
areas, storage areas, and exterior pedestrian sidewalk and plaza
amenities.
E. The CONSULTANT is required to make up to five public
presentations, from time to time, to the Miami City Commission
and/or other City Boards regarding the design of the PROJECT.
II. CONSULTANT' S $A -IC SERVICES
The CONSULTANT will not start WORK nor incur any expenses
for any phase of the WORK, special conditions or change orders
without having received written authorization from the CITY's
PROJECT MANAGER to do so. The CONSULTANT shall undertake and be
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responsible for the accomplishment of the activities in the
following six (6) phases of the PROJECT:
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A. prram be_v_elopmet and"_Plannin_g_Phase
1. The CONSULTANT shall meet with CITY staff to
establish the PROJECT'S program ("the Program")
including but not limited to, identifying and analyzing
the City's short and long term programmatic needs and
goals, determining budget constraints/ considerations,
identifying functional requirements of the PROJECT,
determining initial cost parameters for various
functions and phases of construction, and analyzing the
existing structure and any surrounding environmental
consid-erations.
2. The CONSULTANT shall prepare a Program
Analysis Document outlining the PROJECT elements
expressed above.
3. The CONSULTANT shall prepare a Preliminary
Diagrammatic Building Utilization Plan upon completion
and acceptance by the CITY of the PROJECT's Program
Analysis Document, showing preliminary cost estimates
for each item or group of items which form part of the
plan.
4. The CONSULTANT shall, upon acceptance by the
CITY of a Preliminary Building Utilization Plan,
prepare a Final Site Utilization Plan indicating all
building and site functions, circulation and all other
elements and a detailed Preliminary Cost Estimate
including cost estimates necessary to accomplish the
Program.
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B. Schematic Desi-n Phase_
1. The CONSULTANT shall prepare Schematic Design
Studies based upon the approved Program Development
and Planning Phase, consisting of drawings and other
documents illustrating the form, scale and
relationship of the PROJECT components. The Schematic
Design Studies shall include, but not be limited to,
floor plans, elevations, access and circulation,
adjacent public right-of-way improvements and all
other elements required to fulfill the CITY's
programmatic needs. Also included, shall be
preliminary site utilities and general information
related to materials and methods of construction.
2. The CONSULTANT shall update its detailed
Preliminary Cost Estimate for use in evaluating the
Schematic Design Studies, broken down into the various
elements of the PROJECT indicating those that may be
constructed within the current available PROJECT
budget and those that may be constructed in subsequent
phases, if necessary, subject to any budget revisions
that may be approved by the CITY.
3. The CONSULTANT shall prepare a Schematic
Development Master Plan and Final Cost Estimates upon
finalization of the configuration of the structures,
and the overall development, including development in
phases, if warranted.
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C. Desi_gn—bevelo mentPhase_
I. The CONSULTANT shall
Development Documents consisting of plans, sections,
elevations, interior layouts and other drawings, as
well as outline specifications, all in order to
establish and illustrate the size and character of the
entire PROJECT in its essentials, as to space use,
kinds of materials, utilities, mechanical and
electrical systems and site improvements including
planting, paving, lighting and other site amenities.
2. The CONSULTANT shall refine the Final Cost
Estimates, broken down into major categories, PROJECT
elements and PROJECT phases.
3. The CONSULTANT shall, upon review and
modification as may be required, submit Design
Development Documents to the CITY as required herein,
along with a time schedule for construction and the
Final Cost Estimates.
4. The CONSULTANT shall submit an Illustrative
Design Development Master Plan for the entire PROJECT,
including adjacent public right-of-way.
5. The CONSULTANT shall revise the Design
Development Documents and other documents as may be
directed by the PROJECT MANAGER, the City Commission
and/or City Boards.
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5. hased on the approved Design Development Plan,
the CONSULTANT shall prepare Operations and Management
Guidelines for the PROJECT. The objective of the
Guidelines is to recommend policies and procedures to
guide the City in future operations and management of
the PROJECT. Issues of budgeting, efficient staffing,
salaries, film booking, promotion, programming for
community events, marketing strategies, potential
membership and volunteer support organizations,
optimizing theater concession and retail specialty
sales revenues, and building operations/maintainance
policies shall be addressed.
D. Construction Documents Phase
1. The CONSULTANT shall, based on the approved
Design Development Documents, prepare all Construction
Contract Plans and Specifications as well as other
contract and bidding documents including the Proposal
and Special Provisions, (specifically excluding the
General Conditions division), for the complete
PROJECT. All documents shall be in conformance with
all applicable federal, state and local laws, rules,
regulations and codes, and shall include such items as
the working drawings and specifications, adequately
setting forth in detail, descriptions of the
construction to be done and also the materials,
workmanship, finishes and equipment required for all
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architectural and engineering work, service -connected
equipment, i.e. fixtures and equipment attached to the
facility electrically, mechanically or structurally,
site development, and the special provisions of the
Construction Contract Documents.
2. The CONSULTANT shall, as part of the basic
services within the stipulated fee, furnish space
planning and interior design services which are
normally a part of its Contract Documents and
Specifications.
3. The CONSULTANT shall prepare Interior Layout
Plans indicating the location of cinema and stage
equipment, building fixtures and furnishings to be bid
and purchased separately from the PROJECT construction
contract. These plans shall be accompanied by a Cost
Estimate.
4. The CONSULTANT shall continue to advise the
CITY of any adjustments to previous Final Cost
Estimates which may be indicated due to changes in
scope, design, requirements, market conditions or
otherwise.
5. The CONSULTANT shall furnish the CITY with
Final Cost Estimates based upon the completed Working
Drawings Specifications and Bidding Documents broken
down into major categories and Bid Items. The
CONSULTANT's Final Cost Estimates shall be construed
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as an informed professional opinion of a responsible
expert and the CITY will rely on it as a reasonable
approximation of bids to be received.
6. The CONSULTANT shall see that all Construction
Contract Plans and Specifications bear the seal of a
Florida registered professional architect or engineer
as appropriate and that the names of the professionals
responsible for major portions of each separate
specialty of the WORK appear on the Construction
Contract Plans, Specifications and Bid Documents.
7. The CONSULTANT shall submit the completed
Construction Contract Plans, Specifications and Bid
Documents to the CITY for detailed review and
approval.
8. The CONSULTANT shall conduct the necessary
Dry -Run checks of the Construction Contract Plans and
Specifications in connection with securing their
construction related approvals so that the necessary
construction permits may be obtained from all
governmental authorities having jurisdiction over the
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PROJECT after the CITY has a p
� approved and accepted the
Construction Contract Plans and other construction
related documents. By said acceptance and the
approvals as a result of the Dry -Run Process, the CITY
does not relieve the CONSULTANT of any
responsibilities, particularly related to code
compliance. The CONSULTANT shall assist the CITY .in }
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filing documents required for the approval of
governmental authorities having jurisdiction over the
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PROJECT.
9. The CONSULTANT shall deliver to the CITY the
completed master set of Construction Contract Plans
and Specifications and other related parts of the
Construction Contract including the Bid Proposal, in
such reproducible form as may be specified by the
CITY.
The Construction Documents Phase shall be considered
complete on the date that the PROJECT is advertised
for Bids.
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E. Contract 0_idd1_ng Phase
1. The CONSULTANT shall, during the period of
advertisement, receipt and analysis of bids, prepare
any addenda, with accompanying drawings or other
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materials as required, and submit original of each to
the PROJECT MANAGER for approval and submission to the
appropriate CITY Department who will furnish a copy of
the addenda for each set of Contract Documents
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prepared.
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2. The CONSULTANT shall take part in a pre -bid
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conference with the CITY, if held.
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3. The CONSULTANT shall assist the CITY in
preparing responses to inquiries from prospective
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bidders, when requested.
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4. The CONSULTANT shall assist the CITY in the
analysis of bids and make recommendations on the
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disposition of bids and award of contracts, when
requested.
5. 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.
6. The CONSULTANT shall revise the Construction
Documents and Specifications to reduce the cost of
construction of the PROJECT, or phase of the PROJECT,
to the final budgeted or CITY approved amount for the
construction of the PROJECT, or phase of the PROJECT,
if the amount of the lowest acceptable bid received by
the CITY for the construction of the PROJECT is in
excess of the final amount budgeted or approved for
the cost of the construction contract of the PROJECT
or phase of the PROJECT.
The Bidding Phase shall be considered completed on the
day the CITY executes a Construction Contract for the
construction of the PROJECT.
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F. Cgnstruction Phasg
h
The Construction Phase shall commence with the award
of the Construction contract.
1. The CONSULTANT shall attend regular site
fmeetings and make periodic visits to the site to
remain familiar with the progress and quality of the
construction work, to determine that construction. is
proceeding in accordance with the Contract Documents
f and submit observations to the CITY in writing within
a
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five (5) working days after each visit.
2. The CONSULTANT shall cooperate with the
PROJECT MANAGER, the PROJECT Inspector from the
Department of Public Works and the Contractor in
considering and evaluating any suggestions or
proposals submitted by the Contractor for the CITY's
approval, in matters relating to the interpretation of
the Contract Documents, and/or by furnishing any
additional details or information when required at the
job site for proper execution of the PROJECT'S
construction.
3. The CONSULTANT shall assist the CITY and make
written recommendations to the CITY on matters
pertaining to any proposed changes by the contractor
of materials and equipment, and on matters relating to
extra work orders and supplemental agreements.
4. The CONSULTANT shall check and review shop
drawings, samples and other submissions furnished by
the Contractor for design conformance, and retain a
copy of all shop drawings, duly reviewed by the
gig
CONSULTANT, for permanent CITY records.
5. The CONSULTANT shall review test reports
required by the Contract Documents and notify the CITY
of any noncompliance with the Contract Documents.
6. The CONSULTANT shall witness all tests as may
be required to be witnessed by the Contract Documents
and provide the CITY with written reports of all such
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tests.
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7. The CONSULTANT shall receive samples which are
required to be furnished by the Contractor, record
data received and its source, examine said samples and
notify the CITY of the approval or rejection of said
samples, and maintain custody of approved samples.
8. The CONSULTANT shall, if necessary, assist the
CITY in the preparation of bids for cinema equipment,
fixtures and furnishings and other related equipment
for the PROJECT. Upon receipt of these bids, the
CONSULTANT shall assist the CITY in their evaluation
and make recommendations related to the arrival and
installation of said fixtures and furnishings.
9. The CONSULTANT shall, after the PROJECT'S
substantial completion, make a list of items for
correction before final inspection and check each item
as it is corrected.
10. The CONSULTANT shall, upon request by the
PROJECT MANAGER, attend and report to the CITY on all
required conferences held at the job site.
11. The CONSULTANT shall carry out its
responsibilities under the terms of this Agreement;
however, the CITY shall have the right to take
possession of, and use any completed or partially
completed portion of the PROJECT, notwithstanding the
fact that the time for completing the entire PROJECT
or such portions may not have expired, but such taking
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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.
12. The CONSULTANT agrees to seek no additional
compensation for the services required under this
Agreement during a period of delay, should an error or
errors in the CONSULTANT's design cause delay in the
construction of the PROJECT, and consequently result
in delay of the CITY's beneficial occupancy of the
PROJECT without compensation for damages from the
Contractor.
13. The CONSULTANT shall assist the CITY in
matters relating to the Contractor's schedules and
approval of requests for progress payments.
14. The CONSULTANT shall, during the course of
construction, ensure that all guarantees,
certificates, operation and maintenance manuals,
keying schedules, spare parts and other items that
have been specified in the Contract Documents, have
been submitted and reviewed. The CONSULTANT shall
deliver all such items to the CITY prior to the
completion of the PROJECT.
15. The CONSULTANT shall furnish to the CITY
within thirty (30) days after completion of the
Construction Phase of the PROJECT, the original
reproducible drawings of the Construction Contract
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Plans, revised to include all changes or modifications
to the design made during the Construction Phase as
recorded by the General Contractor on the record set
of drawings.
16. 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 Plans and Specifications and CITY
approved change orders.
The Construction Phase shall be completed when the
CONSULTANT has delivered the aforesaid certification, including
record drawings to the CITY and when the City Commission has
accepted said PROJECT.
IV. CITY!S _RE$PO�SI�ILITIES
A. The CITY shall provide information to CONSULTANT
regarding its requirements for the PROJECT.
B. The CITY shall furnish to CONSULTANT a Certified Partial
Sketch of Survey 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
a.:
of the site; locations, dimensions and data from existing records +.
on file in the Department of Public Works of the CITY pertaining 4
to existing buildings, other improvements; and information
concerning available service utility lines both public and
private.
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C. The CITY shall give prompt notice to the CONSULTANT in
the event the PROJECT MANAGER and/or the Project Inspector
observes or has been notified in writing of any fault or defect -
in the PROJECT or nonconformance with the Contract Documents.
D. The CITY shall do all reproduction and binding of the s
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bidding documents and construction sets of the Drawings andf
Specifications, and loan to the CONSULTANT all existing and
applicable CITY aerial photographs.
E. The CITY shall appoint a PROJECT MANAGER to act as
liaison between CITY and CONSULTANT.
F. The CITY shall furnish all required testing necessary
for the PROJECT, including asbestos surveys; environmental
surveys; core borings, test pits, structural inspections and —
tests; mechanical, chemical, soil, mill and laboratory tests; and the related services of a soil engineer or other special
consultants when deemed necessary by the CONSULTANT; and the
CONSULTANT shall be entitled to rely upon the accuracy,
completeness and competence of such testing.
G. The CITY shall review and approve the WORK as it relates
only to
overall compliance with the general requirements of the
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PROJECT.
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Whenever the term
"approval by the CITY" or like term
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in this Agreement,
the phraseology shall in no way
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the CONSULTANT from
any duties or responsibilities under
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the terms of this Agreement
or from using the best professional
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architectural, engineering, landscape architectural and any other
necessary services and practices.
V. COIKPENSATION F0R_C0NSULT T'S BA$IC SE V C S
For professional and technical services for the Program
Development and Planning, Schematic Design, Design Development,
Construction Documents, Contract Bidding and Construction Phases
of the PROJECT, as outlined in SECTION M. hereof, the CITY
agrees to pay, and the CONSULTANT agrees to accept, a fee not to
exceed $180,000 as full payment for its services. This payment
shall be made monthly 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:
Percentage Accumulated
Upon the Accepta c� of: of Eee Payment Payments
A.
Program Development and
Planning Phase
1h
$ 27,000
$ 27,000
B.
Schematic Design Phase
15
27,000
54,000
C.
Design Development Phase
15
27,000
81,000
D.
Construction Documents
Phase
35
63,000
144,000
E.
Contract Bidding Phase
5
9,000
153,000
F.
Construction Phase
15
27,000
180,000
TOTAL
100%
$ 180,000
$ 180,000
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V�, 5Cii�DULE Q�' WORD -
The CONSULTANT agrees that time is of the essence and
further agrees to execute the WORK promptly, diligently and only
upon, and in strict conformance with, specific written
authorization from the PROJECT MANAGER. The CITY shall endeavor
to complete all functions related to review and approval of the
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various phases within fourteen (14) calendar days of receipt of
submissions by CONSULTANT. It is understood and agreed by both -
parties that the following schedule for the WORK will be strictly
followed by the CONSULTANT and the CITY:
A. Program Development and Planning Phase
The CONSULTANT shall complete the Program Development and
Planning Phase within thirty (30) calendar days after receipt of
written authorization from the PROJECT MANAGER to begin WORK on
this phase.
]a Schematic Design Phase
The CONSULTANT shall complete the Schematic Design Phase
within thirty (30) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
phase.;
C Design- Development Phases_
The CONSULTANT shall complete the Design Development Phase
within sixty (60) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
phase.
D. Construction on Documents Phase
The CONSULTANT shall complete the Construction Documents
19 93 242
Phase within ninety (90) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
phase.
�. Contract �ddin/y Phase, �
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The CONSULTANT shall complete its responsibilities within °
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the time frame established by the City at time of bidding for the
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period of advertisement, receipt and analysis of bids. The
Bidding Phase shall be completed on the day the CITY executes a =
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Construction Contract for the PROJECT.:
F. Construction Phase
The Construction Phase shall commence with the award of the
Construction Contract and shall be completed when all of the
following conditions have been met:
1. The CONSULTANT has delivered to the CITY
written certification that the PROJECT has been
constructed in conformance with the CITY approved
Contract Documents, including all approved change
orders.
2. The CONSULTANT has delivered to the CITY record
drawings, as required under SECTION III. hereof.
3. The City Commission has accepted the PROJECT by
Resolution.
The estimated length of the Construction Phase shall be
established by the parties, at the completion of the Design
Development Phase.
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VII. �EXTEN520N OF TIME.
In the event the CONSULTANT is unable to meet the above
schedules or complete the above services, 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
C�
for performance equal to the period the CONSULTANT was actually
and necessarily delayed. It shall be the responsibility of the
CONSULTANT to notify the CITY promptly in writing whenever a
delay is anticipated or experienced, including a delay in
approval by any governmental agency having jurisdiction over the
PROJECT, and to inform the CITY of all facts and details related
to the delay.
VIII. ADDIT SERVICES
The CITY reserves the right ,to require the CONSULTANT to
provide additional services, if found necessary by the CITY.
A. If the City deems that any of the following services, as
set forth below, are required of the CONSULTANT and cause the
CONSULTANT extra expense the CITY shall, after providing written
authorization to the CONSULTANT to perform the additionalr
services, pay the CONSULTANT at the rate of two and one half`
(2.5) times DIRECT TECHNICAL SALARY COSTS for those services
rendered.
1. Revising the previously approved program,
Drawings and/or Specifications to accomplish changes by
the CITY, unless such changes are required to bring the
construction costs within the budget in accordance with
21 93—
the terms of this Agreement or to meet building or
other code requirements.
2. Preparing documents, if requested by the CITY,
for alternate bids and change orders.
- 3. Preparing documents, if requested by the CITY,
for separate contracts, other than those
predeterminedfor phased construction pursuant to
SECTION III. hereof.
4. Providing additional design and administration
services for the extension and connection of utility
service to and beyond the project site.
5. Providing civil engineering and construction
administration services for traffic, roadway, remote
parking and other public right of way improvements.
6. Arranging for the construction work to proceed
should the contractor default due to delinquency or
insolvency.
7. Providing prolonged contract administration and
unanticipated observation of construction should the
actual construction time exceed the estimated contract
construction time and require additional weekly site
meetinqs due to no fault of the CONSULTANT.
5
Construction contract time shall include any time
extensions recommended by the CONSULTANT and approved
by the CITY unless both parties agree that the cause of
the delay was totally beyond the control or influence
-� of the CONSULTANT.
s
93, 242
t
22
_i
t
8. In the event that unanticipated delays not caused by the
CONSULTANT require that WORK in any phase of the PROJECT,
excluding the estimated Construction Phase, be delayed 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.
9. Providing historical research required for preparing a
historical site file for submission to the State's Historical
Archives Division and consistant with Department of Interior
guidelines for application for historical designation.
10. Providing specialized accoustical and A/V consulting
services.
IX. REIMBURSABLE --EXPENSES
A. Reimbursable Expenses are in addition to COMPENSATION
FOR CONSULTANT'S BASIC SERVICES as outlined in SECTION V. hereof
and include actual expenditures made by the CONSULTANT on the
WORK of the PROJECT for the following expenses:
1. Fees paid for securing approval of authorities
having jurisdiction over the PROJECT.
2. Expense of reproductions, postage and handling
of Drawings, Specifications and other documents,
excluding reproductions for the office use of the
CONSULTANT and the CONSULTANT'S subconsultant's.
3. Expense of photographic production techniques
when used in connection with Additional Services.-
1
93 242 -
23
4. Expense of overtime work requiring higher than
regular rates, only if authorized in advance by the
CITY.
5. Expense of renderings and models requested by -
the CITY. ("
6. Expense of tests described in Section IV.,
paragraph F.
7. Expense for out of town travel and lodging.
have written approval by the City.
X. SSJISNSION OR TERMINATID_ORAGREEMENT
_
A. The CITY may, at any time and for any reason, suspend or
_
terminate the WORK under this Agreement, in whole or in part,
prior to completion of the WORK without penalty to the CITY, in
which case the CITY shall pay the CONSULTANT for services
rendered on the WORK completed, or portion of it, at the time of
that suspension or termination.
B. In the event of suspension or termination of this
Agreement, said suspension or termination shall be in writing to
the CONSULTANT and the CONSULTANT shall be paid for services
rendered in each completed phase prior to suspension or
termination in accordance with SECTION V. hereof, provided
s
however that the CONSULTANT is not in default under the terms of
this Agreement.
C. If, however the suspension or termination of this
Agreement occurs during an incomplete phase, then the CONSULTANT
shall be paid at the rate of two and one half (2.5) times DIRECT
TECHNICAL SALARY COSTS for those services rendered in such
24
7-1
incomplete phase provided that the CONSULTANT is not in default
under the terms of this Agreement. In no case, however, will the
CITY pay the CONSULTANT a greater amount for an incomplete phase
than would have been paid had the suspension or termination been
made at the completion of the phase.
D. In the event of suspension, the period during which WORK
shall have been stopped shall be deemed added to the time for
performance.
E. In the event of suspension or termination for any
reason, all documents, plans, etc., as set forth in SECTION XIV.
hereof, shall become the property of the CITY, with the same -
provisions for use as set forth in said SECTION XIV.
XI. S-Q5QQ— WLTANTS
=
A. Selection of the CONSULTANT by the Competitive Selection
Committee was based, in part, on the qualifications and expertise
of the subconsultants listed herein. Notwithstanding the
=
provisions of SECTION XV. hereof, the obligations undertaken by
the CONSULTANT shall include the employment of the following
=`
subconsultants to perform the specialties required of this
_
3=
PROJECT:
t=
Fullerton, Carey, Oman & Alexander
Consulting Architects, Cinema
_.
Bard, Rao + Athanas/Sullivan Partnership
Mechanical & Electrical Engineers
Jules Fisher Associates
Theater Consultants
B. The CONSULTANT may choose additional subconsultants, for
which prior written approval from the CITY must be obtained, but
may not exclude those originally designated without an acceptable
;1—
91- 2_ -2
25
... _ •. S.
written
request
to the CITY
for
its approval,
submitting
the
reasons
for said
termination
and
acceptance by
the City of
said
request.
C. The CONSULTANT shall be responsible for all the work of
his organization, and that of his subconsultants. Nothing
contained in this Agreement shall create any contractual
relationship between any of the subconsultants working for the
CONSULTANT and the CITY. It shall be understood that 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.
XII. GENERAL CONDITIONS
A. 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.
Willy A. Bermello Herbert J. Bailey
Bermello, Ajamil & Partners, Inc. Department of Development
2601 South Bayshore Drive, and Housing Conservation
Suite 1000 300 Biscayne Blvd. Way
Miami, Florida 33133 Suite 400
(305) 859-2050 (305) 579-3366
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
26
93- 242
Xr
C. In the event of conflict between the terms of this
- Agreement and any terms or conditions contained in any attached
documents, the terms of. this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
-
shall constitute a waiver of any subsequent breach of the same or
= any other provision hereof, and no waiver shall be effective
_
unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
-
unenforceable under the laws of the State of Florida or the City
of Miami, such provisions, paragraphs, sentences, words or
=
phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with
= such laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
s
- F. Both parties shall comply with all applicable laws,
_
ordinances and codes of Federal, State and Local Governments.
p
} IIINSURANCE
A. The CONSULTANT shall not commence WORK on this Agreement
- until he has obtained all insurance required under this Section
and such insurance has been approved by the CITY.
1
i
-' 93- 242-
L
-� 27
i
B. The CONSULTANT shall maintain during the term of this —
Agreement the following insurance coverage:
1. Professional Liability Insurance in the minimum
amount of $500,000 covering all liability arising out
of the terms of this Agreement.
2. Worker's Compensation Insurance in the —
statutory amounts. The insurance coverage required
shall include those classification as listed in the
standard liability insurance manuals, which most nearly`
reflect the operations of the CONSULTANT.
C. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida;
and which are approved according to specifications of the
Insurance Coordinator of the CITY.
D. The CONSULTANT shall furnish Certificates of Insurance
to the CITY prior to the commencement of operations, which
Certificates shall clearly indicate that the CONSULTANT has
obtained insurance in the type, amount and classification as
required for compliance with this Section, and that no material
change or cancellation of insurance shall be effective without;
thirty (30) days written notice to the CITY.
E. Compliance with the foregoing requirements shall not
relieve the CONSULTANT of its liability and obligations under
this Section or any portion of this Agreement.
93 242
28
XIV. OWNERSHIP OF DOCUMENTS
A. All documents developed by the CONSULTANT under this
Agreement shall be delivered to the CITY by the CONSULTANT upon
completion of the services required pursuant to this Agreement
and shall become the property of the CITY, without restriction or
limitation on its use, provided however, the CITY shall not reuse
such documents for projects, sites or purposes other than the
PROJECT, without providing compensation to the CONSULTANT in such
amount as the CONSULTANT and the CITY shall mutually agree. The
CONSULTANT agrees that all documents 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.
B. It is further understood by and between the parties that
any information, writings, maps, contract documents, reports or
any other matter whatsoever which is given by the CITY to the
CONSULTANT pursuant to this Agreement shall at all times remain
the property of the CITY and shall not be used by the CONSULTANT
for any other purpose whatsoever without the written consent of
the CITY.
XV. NONVELEGABILITY
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.
93- 242.
29
&V L. AUOT' tIGHMS
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 five (5) years after final payment is made
under this Agreement.
XVII. AWARD OF AGREEMENT
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 agreed to
pay any person employed by the CITY any fee, commission,
e percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
XVIII. C0 STRUCT10y OF AGREEKE U-
1-
This Agreement shall be construed and enforced according to
the laws of the State of Florida and venue shall be in Dade
County, Florida.
XIX. SUCCFSSOR,S AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XX. INDEMNIFICATION
CONSULTANT covenants and agrees that it will indemnify and
r=�
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, actions, or ommissions by
,—
93- 242�;
30
r
CONSULTANT or any of its officers, agents, employees �,r sub -
consultants during the performance of this Agreement, whether
direct or indirect, 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 agents, employees
and subconsultants will be liable under this section for damages
arising out of injury or damage to persons or property directly
caused or resulting from the sole negligence of the CITY or any
of its agents, officers or employees. The indemnity required
herein shall not be limited by reason of the specification of any
particular insurance coverage in this Agreement.
}�. CdNFLICT OF INTEREST
A. The CONSULTANT covenants that no person under its employ
who presently exercises any fungtions 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.
B. 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.
31
93- 242
t
XXrr. I1V1bEPENDENT CONTRACTOR
The CONSULTANT and its employees, agents and subconsultants
and their employees and agents shall be deemed to be independent
contractors, and not agent, 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, subconsultants and their employees and agents shall not
be deemed entitled to the Florida Worker's Compensation benefits
as an employee of the CITY.
XXIII. DEFAULT PROVISION
In the event that the CONSULTANT shall fail to comply with
each and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
the CITY, at its sole option, upon written notice to the
CONSULTANT may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to the CONSULTANT
by the, CITY while the CONSULTANT was in default of the
provisions herein contained, shall be forthwith returned to the
CITY.
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.
93-p 342
32
XXV._M tORITY PROCUF�EMENT�CO-'I_pLtA_KLC_E
The CONSULTANT acknowledges that it has been furnished a
copy of Ordinance No. 10538 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.
XXVI. CONTINGENCY CLAUSE_
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds and/or change in regulations.
XXVII. ENTIRE AGREEMENT_
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.
XXVIII. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
93— 242
33
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials therreunto
duly authorized this day and year first above written.
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO INSURANCE
REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA
CESAR H. ODIO
CITY MANAGER
CONSULTANT,
BERMELLO, AJAMIL & PARTNERS, INC.
WILLX A. BERMELLO, PRESIDENT
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
i
;4-
34
1993.
CHAIRPERSON OF THE BOARD OF DIRECTORS
WHEREAS, BERMELLO,_AJAMII, &._MART E S_., INC. 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.
DATED this day of
SECRETARY
(SEAL)
f
�rD as����s? LIST � �♦
bitMR TCWER THEATER RENOVATION PROJECT
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(PROFESSIONAL SERVICES)
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TOTAL DID _DOND_„ 211
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WOLFBERIG ALVAREZ & ASSOCIATES
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BEWELLO, AJAMIL & PARTNERS, INC.
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received () savelopes on bebop of
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MPARMENT OF DEVELOMENT & HOUSING CONSERVATION _- j AV /4r 2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TD : Matty Hirai DATE November 3, 1992 FILE
I City Clerk'
SUBJECT . Receipt of Proposals/_
T r thliat6k/
Renovation Pro joot
FROM. Maria M. Per Z REFERENCES:
ti
Project Representative
Department of Development ENCLOSURES
and Housing Conservation
Please be advised that the proposal submission due date and time
for the Request for Professional Services for the design and
construction administration of the Tower Theater Renovation
Project, is F XT ��sinLa�rv� 8:, 1991. no later thin 'i O S at
the Office of the City Clerk: Each proposal submission will
consist of 10 bound copies .
I will be at your office to assist you in the receipt of these
proposal submissions.
:�
C7
rn
A
sn
CITY OF MIAMI, FLORIDA is
i
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
laek�
FROM. Cesar H. odio
City Manager
DATE APR - 6 1993 FILE
SUBJECT Authorization to
Execute Agreement/
Tower Theater
Renovation Project
REFERENCES :Vor April 15, 1993
Commission Meeting
ENCLOSURES.
It is respectfully recommended that the City commission adopt the
attached Resolution, authorizing the City Manager to execute the
negotiated agreement in an amount not to exceed $ 180,000 between
the City of Miami and Bermello, Ajamil & Partners, Inc., to
provide professional services for the design, preparation of
construction documents and construction administration for the
Tower Theater Renovation Project; authorizing said compensation
to be paid from available funds appropriated in the Latin Quarter
Specialty Center Capital Improvement Project No. 321038.
The Department of Development and Housing Conservation#
Development Division, recommends that the City commission
authorize the City Manager to execute the negotiated agreement
between the City of Miami and Bermello Ajamil & Partners, Inc.,
for the acquisition of professional architectural# engineering
and design/operation/management consulting services for the Tower
Theater Renovation Project located at 1508 S.W. 8th Street,
Miami, Florida.
On September, 24, 1992 by Resolution No. 92-575, the City
Commission designated as a Category B Project, the acquisition of
planning and design services including preparation of
construction documents, and construction administration for the
Tower Theater.
The selection procedures were performed in accordance
Consultants Competitive Negotiation Act as defined
Section 287.055, and City of Miami Ordinance 9572 whic
as Section 18.52.3 of the Code of the City of Miami.
0
h
with the
in F.S.
appears
9 3--
11 1
Honorable Mayor and Members
of the City Commission
Page Two
Resolution No. 93-178, adopted by the City Commission on March
11, 1993 approved the findings of the Consultant Selection
Committee as to the most qualified teams, in rank order, to
provide the required professional services for this project.
This Resolution further authorized the City Manager to undertake
negotiations with the qualified teams in ranked order until he
arrived at an agreement which is competitive and reasonable.
The attached agreement between the City of Miami and Bermello
Ajamil & Partners, Inc., the number one ranked firm, in an
amount not to exceed $ 180,000 was negotiated in good faith and
in the best interest of both parties. It is recognized to be a
competitive and reasonable agreement.
Funding is available to cover the cost of the required
professional services from Capital Project No. 321038 entitled
Latin Quarter Specialty Center.
It is therefore, recommended that the City Commission approve the
attached Resolution in its entirety.
Attachments:
Proposed Resolution
Professional Services Agreement
93- 242