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HomeMy WebLinkAboutR-93-0685J-93-746 10/21/93 RESOLUTION NO. 93. , A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF ALBERT R. PEREZ AND ASSOCIATES, P.A., IN AN AMOUNT NOT TO EXCEED $10,000, FOR DESIGN SERVICES ASSOCIATED WITH THE PHASE I, BISCAYNE BOULEVARD BEAUTIFICATION PROJECT; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $10,000, FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 701204, ACCOUNT CODE NO. 451891-860, PHASE I BISCAYNE BOULEVARD BEAUTIFICATION PROJECT. WHEREAS, Resolution No. 91-590, adopted July 25, 1991, allocated $250,000.00 from Community Development Block Grant Funds to be used exclusively in support of the Biscayne Boulevard Beautification Project of the Northeast Task Force with said funds being disbursed in two annual payments of $125,000.00 each; and WHEREAS, the two (2) annual payments of $125,000.00 identified two (2) separate and distinct beautification projects designated as Phase I and Phase II; and WHEREAS, the Northeast Task Force, upon review of the construction plans and specifications for the Phase I beautification of the sidewalk and median areas of Northeast Biscayne Boulevard between Northeast 24th Street and Northeast CITY COMUSSION MEETING OF OCT 2 1 1993 rtoowutioa Na 9 3.-- 685 48th Street, approved the project design proposed in said plans and is desirous of the City to proceed with construction of the project; and WHEREAS, the aforesaid plans and specifications have been prepared by Albert R. Perez and Associates, P.A., a landscape architectural firm specializing in landscape/urban design; and WHEREAS, in order to proceed with the project construction it will be necessary to purchase said construction plans and specifications by negotiating and entering into a professional services agreement with Albert R. Perez and Associates, P.A., in an amount not to exceed $10,000.00; and i WHEREAS, funds are available to cover said contract in an amount not to exceed $10,000.00, from Account Code No. 451891-860, Project No. 701204, Community Development Block Grant Funds, Phase I, Biscayne Boulevard Beautification Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to negotiate and execute a professional service agreement, in substantially the attached form, with the firm of Albert R. Perez and Associates, P.A., in an amount not to exceed $10,000.00 for design services associated with the Phase I Biscayne Boulevard Beautification Project, with funds therefor hereby allocated from -2- 93- 685 Community Development B1ook Grant Funds, Projeot No. 701204, Aocount Code No. 451891-860, Phase I, Bisoayne Boulevard Beautifioation Project. Seotion 3. This Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 21st day of October_, 1993. ,XA VIER SUARLiZ, MAYOR ATTES MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LE N ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A 1 QUXNN TIT CITY ATTOPNFF CLL:osk:M1938 -3- 93- 685 PROFESSIONAL SERVICES AGREEMENT This Agreement 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 Albert R. Perez and Associates, P.A., a landscape architectural firm specializing In urban landscape design, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the City of Miami desires to Implement construction I of the Biscayne Boulevard Beautification Project, and I WHEREAS, prior to the construction of said project, It will be necessary to engage the design services of a landscape architectural firm for preparation of construction plans and specifications and related services; and WHEREAS, the Departments of Public Works and Community Development have determined that Albert R. Perez and Associates, P.A. is a most qualified firm to provide the necessary design services for the Phase 1 Biscayne Boulevard Beautification Project. 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: -1- 93- 685 TERN: The term of this Agreement shall be from, the date of this agreement for a period not to exceed ninety (90) days, or when the project Is completed and accepted by the Department of Public Works, whichever Is later. SOOPE OF SERVICES: The Consultant shall perform and be responsible for the following professional and technical services: 1. Prepare sealed construction plans and technical specifications for new plantings, landscaping materials and Irrigation systems at selected locations within the right of way of Biscayne Boulevard between N.E. 24 Street and N.E. 48 Street. 2. Attend at least one (1) meeting of the Northeast Task FoO'ce of the City of Miami to Inform members of the project design and proposed schedules of construction. 3. Review and comment on shop drawing submittals. 4. Modify plans as required by Florida Department of Transportation (FOOT) and City of Miami to meet designs standards in the public right of way. GCMPENSAT I ON : A. CITY shall pay the CONSULTANT, as maximum compensation for the services required pursuant to Paragraph II hereof, ten thousand dollars ($10,000.00). 93- 685 2 IV. OOMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. V. 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 mall addressed to the other 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 mall, on the fifth day after being posted or the date of actual receipt, whichever Is earlier. CITY OF MIAMI CONSULTANT City Manager Albert R. Perez & Associates, P.A. 3500 Pan American Drive 801 Madrid Street Miami, Florida 33133 Coral Gables, Florida 33134 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. - 3 - 93- 685 C. In the event of conflict between the terms of this Agreement and any terms or conditions contained In any attached documents, the terms In 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. VI. OWNERSHIP OF DOCLMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Paragraph II hereof and shall become the property of CITY. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. - 4 - 93- 685 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 CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII. NON-DELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not -be delegated or assigned to any other person or firm unless CITY shall first consent In writing to the performance or assignment of such service or any part thereof by another person or firm. VIII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT t at any time during the performance of this Agreement and for a period of one year after final payment Is made under this Agreement. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that • I t has not of fered to pay, pa I d, or agreed 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. - 5 - 93- 685 X. OONSTRUCTION OF AGREWENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUOCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION: CONSULTANT shall Indemnlfy and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this Agreement, Including any person acting for or on Its behalf, and, from and against any orders, Judgments or decrees which may be entered and from and against all costs, attorneys' fees, expenses Incurred in the defense of any such claims, or in the Investigation thereof. If the CITY chooses to defend any action on behalf of itself, It shall bear Its own costs of defense, and If the provisions of this Indemnity provision are applicable, CONSULTANT shall Indemnify the CITY accordingly. In any event, CITY shall promptly notify CONSULTANT as soon as It has notice of any matters for which this Indemnity provision may be applicable. - 6 - 0 r i (RESERVED) XIV. CONFLICT OF INTEREST: A. 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 CITY. 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 CONSULTANT or Its employees, must be disclosed In writing to CITY. B. 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 shall fully comply in all respects with the terms of said laws. 7 - 93- 685 XV. INDEPENDENT ARCHITECTURAL RENDERING SPECIALISTS: CONSULTANT and Its employees and agents shall be deemed to be Independent landscape architects and urban designers, and not agents or employees of CITY, and shall not attain any rights or benefits under the C I v I I Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVi. TERMINATION OF OONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereto without penalty to CITY. In that event, notice of termination of this Agreement shall be In writing to i• t CONSULTANT, who shall be paid for those services performed prior to the date of Its receipt of the notice of termination. In no case, however, will the CITY pay CONSULTANT an amount 'In excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made In accordance with this Paragraph to CONSULTANT shall be made only if said CONSULTANT Is not In default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall In no way be obligated and shall not pay to CONSULTANT any sum whatsoever. 8 93~- 685 XVII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with Its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely be reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation In, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. XVIII. DEFAULT PROVISION: In the event that CONSULTANT shall fall 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 CITY, at Its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payment, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was In default of the provisions herein contained, shall be forthwith returned to CITY, provided the CONSULTANT was given the opportunity to correct such default and fails to do so within fifteen (15) working days of receipt of official notice. - 9 - 93-- 685 t XIV. This Instrument and Its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of Its date. Any prior agreements, promises, negotiations, or representatives not expressly set forth In this Agreement are of no force or effect. XX. AMENCMENTS: No amendments to this Agreement shall be binding on either party unless In writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: Matty Hirai City Clerk WITNESSES: APPROVED AS TO INSURANCE REQUIREMENTS: CITY OF MIAMI, a municipal Corporation of the State of Florida BY Cesar H. Odlo City Manager CONSULTANT: Albert R. Perez & Associates, P.A. By -10- APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney (Title) (Seal) RE=$