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HomeMy WebLinkAboutR-93-0738J-93--829 11/5/93 RESOLUTION NO. 9 3- 738 A RESOLUTION APPROVING AN ADDITIONAL CONTRACTUAL AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE EXISTING CONSULTANT CONTRACT BETWEEN THE CITY OF MIAMI AND FULLER & SADAO FOR ARCHITECTURAL AND DESIGN SERVICES BEING PROVIDED TO THE CITY OF MIAMI FOR CONSTRUCTION OF IMPROVEMENTS TO BAYFRONT PARK, TO INCLUDE SAID PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION OF OFFICE SPACE TO BE LOCATED WITHIN THE BASE OF THE LASER LIGHT TOWER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT. WHEREAS, the City of Miami wishes to further amend its existing contract, as amended, with Fuller & Sadao for the provision of consulting services for construction of improvements for Bayfront Park, to include additional design and consultant services for preparation of construction documents for construction of office space within the base of the Laser Light Tower in Bayfront Park. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FTARIDA: 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. Section 2. An additional amendment, in substantially the form attached hei`eto, to the existing Contract, as amended, between the City of Miami and Fuller & Sadao, for architectural and design services being provided to the City of Miami. for construction of improvements to Bayfront Park, is hereby approved to include said consultant services for the preparation of construction. dcK--mments for construction of office space within the base of die Laser Light Tajer. ATTACHMENT (5) CONTAINED CITY COMMISSION MEETING OF NOV 2 3 1993 Resolution No. 93- 738 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of November , 1993. STEP N P . CLARK , MAYOR ATTES . MA HIRAT CITY CLERK PREPARED AND APPROVED BY: ,1,:7- 4;k LL1 .� E. MAXWELL ' ASSISTANTITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A . / QU=F/ I I I CITY JEM/nu.s/M3986 - 2 - 93- 738 NOV- 9-'93 MON 1 2: 1 3 DDA M I AM I P. 02 AMENDMENT TOPROFESSIONALSERVICAS�AGREEMENT The Agreement by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and Puller and Sadao, P. C., hereinafter referred to as "CONSULTANT", entered into the 16th day of March, 1992 is hereby amended this �,...� day of -- ---- 1993. RECITAL: WHEREAS, the CITY approved by Motion No. 91-676 on September 26, 1991, engaging Isamu Noguchi's Architectural Consultants, the CONSULTANT, to complete design and construction plans for the South End of Bayfront Park; and WHEREAS, the CITY authorized the City Manager to enter into a professional service agreement on behalf of the CITY for said aery iese ; and WHEREAS, the CITY now wishes to amend said agreement to include additional architectural professional services for the design and construction of office space at the base of the Laser Light Tower in Bayfront Park, hereinafter referred to a "PROJACT" , to house the operations of the Downtown Development Authority of the City of Miami, hereinafter referred to as the "DDA" NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, and subject to the terms ana conditions hereinafter stated, the parties hereto understand and agree as follows: 93- 738 NC7i�v'- t -93 Molq 1 2 1 3 Ante M I AM I P. 03 I. TERM: The term of this Amendment shall be from the date of this Amendment until the additional scope of services are completed and accepted by the CITY. II. SCOPE OF SERYICESc The CONSULTANT, in close coordination with the CITY and the DDA, shall perform the following professional and technical services comprising the PROJECT arld shall be fully responsible for all the professional and technical aspects thereof. The CITY's and DDA's review and approval of the PROJECT will relate only to overall compliance with the general requirements of the PROJECT and whenever the term 'Approval by the CITY or the DDA" or like terms are used in this Agreement, the phraseology shall in no way relieve CONSULTANT from any duties or responsibilities under the terms of this Agreement and from using the normally accepted standards of architectural and engineering services and practices. CONSULTANT shall, in the preparation of design documents, drawings, plays and specifications and construction consultation, comply with all Federal, State and Local codes, ordinances and regulations pertaining to the design and construction of the PROJECT. The CONSULTANT ahall prepare for approval by the CITY and the DDA Construction Documents consisting of drawings and _2_ 93- 738 NOV— G—` a MON 1 .. : 1 4 DDA M I AM I P . 04 specifications setting forth the requirements for construction of the PROJECT. The scope of the construction plans shall include the following; A. DESIGN 01? OFFICE; SPACE 1, Provide architectural, structural plans, including mechanical and electrical, and specifications for -offices in accordance with the DDA's program and needs. B. CONSTRUCTION DOCUMENTS AND RELATED SERVICES 1. Provide related details and specifications and make selections of specific light fixtures, plumbing fixtures and interior design elements. 2. Provide reproducible final construction drawings and documents and technical specifications and asaiat in the preparation of the Bid Proposal and Special provisions of the contract documents, 3. Provide final construction documents within two (2) months of the final execution of this Agreement by the CITY that meet all code requirements including handicap accessibility provisions and compliance with the Americans With Disabilities Act, 4. Approve shop drawings in connection with the items indicated in CONSULTANT'is plans and specifications. S. The CONSULTANT shalt submit schematic design and construction plans at 50 percent and 90 percent of completion to the CITY and DDA for review. -3- 93- 738 NOV- 6 -93 MON 12 14 DDA M I AM I P 05 Any changes requested will be given no later than seven (7) working days after receipt of the CONSULTANT's drawings and the CONSULTANT shall revise the plans and other documents as it is appropriate to the program and design. 6. All construction contract plans and specifications prepared by the CONSULTANT shall bear the seal of the Florida architect or professional engineer who prepared the plans and the names of the professionals responsible for the major portions of each separate specialty of the WORK shall appear on the construction Contract plans. 7. Because of the CITY's concern for energy conservation, it shall be fully understood that CONSULTANT shall pay attention to designing all of the energy systems required for the PROJECT and be mindful of the concern for conserving energy, 8. Any additional services that are required shall be approved by the CITY in writing. At the CITY's option, for additional services, the CONSULTANT shall be paid the agreed upon Fixed foe or on an hourly rate basis for those services rendered as provided in the following Section III, Paragraph B. 9. The plans and all related documentation shall be delivered to the CITY/DDA before final payment is made. COMPENSATIONt A. The CITY shall pay the CONSULTANT, as maximum compensation for services required pursuant to Section II hereof, .4- 93- 738 hlO4'- —gam MON 1 2 1!5 DDA M I AM I P. 06 Fifty Thousand Dollars ($50,000.00). payment will be made by the CITY monthly in proportion to the services performed as invoiced by the CONSULTANT. B. Additional services approved by the CITY shall be paid on the basis of an agreed upon fixed fee or at the following rates: Lester Pancoast $ 80.00/hr. Technical Staff will be at the rate of 2.5 times salary plus benefits. 0. Final payment of all compensation due CONSULTANT shall be made within thirty (30) days after CITY/DDA approves j and accepts in writing the plane, documents and specifications of 4 the PROJECT. IV. OWNERSHIP Of DOCUMENTS, The Contract Documents developed by the CONSULTANT under this Agreement shall be delivered to the CITY/DDA by said i CONSULTANT upon completion of the services required pursuant to i 1 Section II hereof and shall became the property of the CITY/DDA. CONSULTANT agrees that the Contract Documenta maintained and generated pursuant to this contractuAl relationship between the i CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, wriCings, maps, contract documents, reports or any other matter whatsoever which is given by the CITY/DDA to CONSULTANT pursuant to this Agreement shall at all times remain 93- 738 NOv- MON 1 2 1 5 ]7DA M I AM I p, e)7 iit the property of the CITY/DDA and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of the CITY/DDA. V. NON-DXLEGAB ILITY The obligations undertaken by 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. VI. AWARD Z AGREEMENTS The CITY reserves the right to audit the records for this PROJECT of CONSULTANT at any time during performance of this Agreement and for a period of one (1) year after final payment is made under this Agreement. VII. CONSTRUC`X'ION Of AGREEMENTi This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida, Vill. SUCCESSORS AND ASSIGNSi This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigna. -6- 93- 738 NOV— a-131?; MOON 1 2: 1 6 DDA M I AM I IX. P. o e COMPLIANCE WITH STATE AND LOCAL �LAWSs Both parties shall comply with all applicable laws ordinances and codes of federal, state and local governments. X. 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 interest, direct or indirect, with the CITY or DDA. 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 or it employees, must be disclosed in writing to the CITY, B. CONSULTANT is aware of the conflict of interest laws of the CITY (City of Miami Code Chapter 2, Article V), Dade County (Dade County Code Section. 2-11.1) and the State of Florida, and agrees that it shall fully comply in all Aspects with the berms of said laws. XI. INDEPENDENT CONTRACTOR: CONSULTANT and its employees, agents, subcontractors and subconsultants 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 7- 93- 738 NOV- �3--<_73 MOiN 12 15 DDA MIAMI P. 09 of the 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 the CITY. XII. NONDISCRIMXNATION: 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, CONSULTANT covenants that no otherwise qualified individual shall; solely by 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. XIII. TERMINATION OF CONTRACT: The CITY reserves the right to terminate this Agreement any time prior to the completion of the services required pursuant to Section II hereto without penalty to the CITY. Xn that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. Xn no case, however, will the CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. .I .g. 93- '738 NOV-. 9-93 MON 12 17 DDA hl I AM I P. 1 0 i It is hereby understood by and between the CITY and CONSULTANT that any payment made in accordance with this Section 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 the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XIV. .INDEMNIFICATION: CONSULTANT shall indemnify and save CITY and DDA harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's negligent acts, errors or omissions tinder this Agreement, including any person acting for or an its behalf, and, from and against any order, judgments or decrees which may be entered and from and against all costs, attorney's 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 i t 6 own costs of defense, and if the provisions of this indemnity clauses are applicable, CONSULTANT shall indemnify the CITY and DDA accordingly. In any event, the CXTY shall promptly notify CONSULTANT as soon as it has notice of any matters fro which this indemnity provision may be applicable and the CONSULTANT shall be given an opportunity to defend against any action in which the CONSULTANT may be required to indemnify the CITY or DDA. -9- 93- 738 NOV- HON 12 17 DDA MIAMI P. 11 XV . INSURANCE: A. CONSULTANT shall maintain during the term of this Agreement the following insurances 1. Liability coverage in a comprehensive form for bodily injury and property dgmage in an amount of not less than $100,000. 2, Professional Liability Insurance in a minimum *mount of $500,000 covering all negligent acts, errors and omissions arising out of the terms of this Agreement. 3. Workman's Compensation Insurance in the amounts required by Florida Statutes Chapter 440. S. All insurance policies to be issued must be approved by the Insurance Coordinator of the CITE' and the CITY and the DDA shall be named additional insured when applicable, C. CONSULTANT shall furnish certificates of insurance to the CITY which certificates shall clearly indicate that CONSULTANT has obtained insurance in the type, amount and classification as required for strict compliance with this Suction and that cancellation of the insurance shall require prior written thirty (30) days notice to the CITY. D. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Section or under any portion of this Agreement. -lU- 93- 738 Nov— MON J, 2 10 DLIA M I 12 }IVY. 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 other party at the address indicated herein or as the some may be changed from time to time. Such notice shall be deemed given on the day which personally, served, or, if by mail, on the fifth day after being posted or the data of actual receipt, whichever is earlier. CITY OF MIAMX DDA MIAMI Cesar H. Odiv Matthew D. Schwartz City Manager Executive Director 3500 Pan ,American Dr. One Biscayne Tower Miami, Florida 33133 Suite 1818 Miami, Florida 33131 CONSULTANT WITH A COPY TOi Shoji Sadao Lester Pancoast Fuller & Sadao, P. C. Pancoast Albaisa 32-37 Vernon Boulevard 2964 Aviation Avenue bong Island City, New York 11106 Miami., Florida 33133 E. 'Title and paragraph headings are for convenient reference and are not part of this Agreement. 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. -1.1•- 93- 738 N03 rioN 1 2 1 e :DDA M I AM I P 125 R. 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, than saute' shall be deemed severable, and irk either event, the remaining terms and proviaiot►s of this Agreement shall remain unmodified and in full force and effect. XVII. AMRNDHENTSi No Amendments to this Agreement shall be binding on either party unless is writing and executed by both parties. XVIII. RELATION TO PREVIOUS_ AGREEMENT The parties agree that, except solely as hereinabove modified, changed and amended, the terms, conditions, and provisions of the Agreement dated March 16, 1992. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this ^_--- day of ..._. ,1993. CITY OF HIAMI, a municipal corporation of the State of Florida ATTEST: �y ___ CRSAR~R. ODIO MATTY—HII. X�^ .�� �.�^� City Manager City Clerk -12- 93- 738 NOS{ 7 r"0N 12 e i `9 DDF:' M I AM I WXTNESSESs FULLER & SADAO, P. C. APPROVED AS TO I*NSURANOE REQUIRBMENTS Division o£ Risk Management By SHOJI SADAO Vice President APPROVED AS TO FORM AND GORREOTNESS, P . 14 �A.�QUZNN�JONP:S, III' �� City Attorney -13 93- 738 C,jT ,, OP I. , . P "ORIDH INTER -OFFICE MEMORANDUM The Honorable Mayor and NOV I`t , 1993 TO Membe `o the City Commission DATE FILE Laser Light Tower SUBJECT Contract Amendment South End/Bayfront Park Cesar H. Odia REFERENCES FROM: City Manager For November 18, 1993 ENCLOSURES City Commission Meeting Recommendation It is respectfully requested that the City Commission approve the attached Amendment to the Contract between the City of Miami and Fuller & Sadao to include construction document preparation for construction of DDA offices at the base of the Laser Light Tower. Background The DDA's present office space lease expires on June 30, 1993. In the process of seeking future office space, it was suggested that the DDA consider the possibility of occupying space at the base of the Laser Light Tower in Bayfront Park. Upon evaluation, it was determined that relocation of DDA's offices to the Laser Light Tower would be feasible and beneficial to the DDA, Downtown, Bayfront Park and the City of Miami. It is estimated that construction costs for improvement of the space would be approximately $500,000. It has been proposed that the City provide funding to improve the space and that DDA pay rent of $10/square foot to the City (approximately.$60,000 per year), until such time as construction costs have been repaid. Upon repayment, the lease agreement would be renegotiated to determine the amount of future payments to the City. The proposed plan will accommodate the present staff and support facilities of the DDA and, in addition, a Downtown Information Center, a Conference Center for community use and an office for a Downtown NET representative. At its meeting on October 28, 1993, the DDA Board of Directors approved the proposed relocation of the DDA's offices to the Laser Light Tower. To complete the required construction improvements by the end of its present lease (June 30, 1993), the DDA respectfully requests that the City Commission approve the attached Contract Amendment. CHO/MDS/jt 93- 738 2�,'