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HomeMy WebLinkAboutR-92-0178J-92-205 2/28/92 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, FLORIDA AND FULLER AND SADAO, P.C. TO COMPLETE THE NOGUCHI DESIGNS AND CONSTRUCTION PLANS FOR THE SOUTH END OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK REDEVELOPMENT UTILIZING MONIES THEREFORE PREVIOUSLY ALLOCATED BY THE STATE OF FLORIDA FOR SAID PROJECT, AND ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331305 , IN AN AMOUNT NOT TO EXCEED $ 67 , 000. WHEREAS, the City of Miami has adopted by Resolution No. 80-75 on October 30, 1980, the Isamu Noguchi preliminary design, hereinafter referred to as the "NOGUCHI DESIGN", for the Mildred and Claude Pepper Bayfront Park, hereinafter referred to as "PARK" in Downtown Miami; and WHEREAS, the City of Miami adopted by Resolution No. 81-829 on September 24, 1981, the selection of Fuller and Sadao, P.C., among others, as one of the firms most qualified to provide professional Landscape Architectural, Architectural and Engineering services for the NOGUCHI DESIGN; and WHEREAS, the City of Miami has available approximately Nine Hundred Thousand Dollars ($900,000.00) from a State of Florida grant and other monies to complete the design and construction of the South End of the PARK in accordance with the NOGUCHI DESIGN; and WHEREAS, the City of Miami adopted by Motion No. 91-676 on September 26, 1991, a request from the Bayfront Park Managaman% CITY COMMISSIONS 14EETI_KG OF ATTACHMENT(S) MAR, 121992 CONTAINED Resolution NO. 92- 178 Trust for the City of Miami to instruct the Administration to proceed with the development of the South End portion of Mildred and Claude Pepper Bayfront Park by using monies previously allocated by the State of Florida for completion of the NOGUCHI DESIGN at the South End of the park; and WHEREAS, the Bayfront Park Management Trust and representatives of the City Manager and Public Works Department met with Noguchi's architectural consultants Fuller and Sadao, P.C., to determine an agreed upon program, scope of services, a maximum fee in the amount of $67,000, and a schedule to complete the designs and to provide final architectural and site development construction plans for the South End of Mildred and Claude Pepper Bayfront Park; 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. Section 2. The City Manager is hereby authorized to execute an Agreement, in substantially the attached form, with Fuller and Sadao, P.C. to complete the Noguchi Designs and construction plans for the South End of the Mildred and Claude Pepper Bayfront Park Redevelopment utilizing funds previously allocated by the State of Florida for the project, with funds therefor hereby allocated from Capital Improvement Project No. 331305, in an amount not to exceed $67,000. - 2 - 92-- 178 0 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this ;12th day o M rch , 1992. XAVIER L S AREZ, MAYOR ATTEST, MATT HIRAI CITY CLERK SUBMITTED BY: U . SCR-, WALDEMAR E. LEE ACTING DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: '� w*, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A �/I QU*J , T I ITY ATT Y 92-- 178 3 This Agreement entered into this day of 199_ by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Fuller and Sadao, P.C., hereinafter referred to as "CONSULTANT". RECITAL WHEREAS, the City has approved by Resolution No. 80-75 on October 30, 1980, the Isamu Noguchi preliminary design, hereinafter referred to as the "NOGUCHI DESIGN", for the Bayfront Park of the Americas, hereinafter referred to as "PARK" in Downtown Miami; and WHEREAS, the CITY has approved by Resolution No. 81-829 on September 24, 1981, the selection of CONSULTANT, among others, as one of the firms most qualified to provide professional Landscape Architectural, Architectural and Engineering services for the NOGUCHI DESIGN; and WHEREAS, the CITY has available approximately Nine Hundred Thousand Dollars ($900,000.00) from a State of Florida grant and other monies to complete the design and construction of the South End of the PARK in accordance with the NOGUCHI DESIGN; and WHEREAS, the CITY has approved by Motion No. 91-676 on September 26, 1991, a request from the Bayfront Park Management Trust for the CITY to engage Isamu Noguchi's Architectural Consultants, Fuller and Sadao, P.C. ("CONSULTANT") to complete the design and construction plans for the South End of the PARK, hereinafter referred to as "PROJECT", and authorizing the City 0/- nt-, 92- 178 11 0 Ok Manager to negotiate and enter into a professional service agreement on behalf of the CITY. 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: ILL V The term of this Agreement shall be from the date of this Agreement until the PROJECT is completed and accepted by the CITY. SCOPE OF SERVICES: CONSULTANT in close coordination with the CITY shall perform the following professional and technical services comprising the WORK and shall be fully responsible for all the professional and technical aspects thereof. The CITY's review and approval of the WORK will relate only to overall compliance with the general requirements of the PROJECT and whenever the term "Approval by the City" 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, plans and specifications and construction consultation, comply with all Federal, State and Local codes,.ordinances and regulations pertaining to the design -2- 92- 178 and construction of the PROJECT. The CONSULTANT shall prepare for approval by the CITY, Construction Documents consisting of drawings and specifications setting forth the requirements for the construction of the Project. The scope of the construction plans shall include the following: A. DESIGN OF PERFORMANCE AREA: 1. Provide architectural, structural plans, including mechanical and electrical, and specifications for a "Performance Area" in accordance with the CITY's program that include the following: a. A performance platform (stage) with a minimum dimension of 40 feet by 60 feet with canopy and sound baffles. b. The platform floor should be concrete with appropriate drainage. C. At the platform rear, provide a 200 amp, 110- 203V, 3-phase electric service disconnect for portable performance lighting and sound equipment. d. -In front of the platform behind the seating area, provide two (2) 45 feet light poles (one each side) with flood lights at the top for evening events. In addition, each pole should allow for the installation of up to 10 portable outdoor stage lights which will connect to a basic lighting dimmer board (to be specified by the CITY). e. A lighting dimmer board and 20 outdoor stage lights with cords (to be specified by the CITY). -3- 92-- 178 f. On the concrete platform, provide sleeves, etc. for the erection of a removable portable pipe and canvas canopy used for daytime events. g. In the grass area in front of the platform, provide bench seating for about 200 spectators with proper sight lines. Behind the seating, provide sufficient sloped grass area for several hundred non -seated spectators. h. Near the platform, provide a restroom, dressing room, and storage building to include the following: (i) An enclosed secure storage room for equipment (approximately 100 square feet). (ii) Two small dressing rooms (100 square feet minimum each) with a toilet and sink for each room. (iii) Provide public toilets (men and women) including handicap facilities for at least 200 people to be used during events only. B. COMPLETION OF SOUTH END SITE DEVELOPMENT PLANS: 1. Provide architectural, site, and structural plans, and specifications for the NOGUCHI "INTERIM" DESIGN for the bermed wall structure adjacent to the Performance Area. 2. Provide site development plans for Isamu Noguchi's Design for the South End of the PARK including landscaping, walks, roads, plazas, play areas, site furniture, lighting, fountains, walls, signage, and site elevations with survey layout references. -4- 92- 178 i C. CONSTRUCTION DOCUMENTS AND RELATED SERVICES: 1. Provide related details and specifications and make selections of specific light fixtures, plumbing fixtures, etc. for the Noguchi Designs. 2. Provide construction documents to phase the work within the available construction funds of about Eight Hundred Thousand Dollars ($800,000.00) with first priority for the "Performance Area" and with additive alternates for site development. It is understood that the cost of construction of the complete NOGUCHI DESIGN site development will exceed the available construction funds. The Construction Documents for the Project shall be in sufficient detail to permit construction of unfunded work when funds become available. 3. Provide reproducible final construction drawings and technical specifications and assist in the preparation of the Bid Proposal and the Special Provisions of the contract documents. 4. To provide the final construction documents within 1 three months of the final execution of this Agreement by the CITY and to meet all code requirements including handicap accessibility provisions, provided, however, that any time taken by the.City's and other agencies' review and approval process in excess of the time allotted in paragraph 8 of this section, shall be added to the three (3) month period cited in this paragraph. 5. To approve shop drawings in connection with the items indicated in CONSULTANT's plans and specifications. -5- 6. The CONSULTANT shall endeavor to produce plans and documents for the Performance Area and site development in this phase which may be constructed within the CITY's estimated construction budget of Eight Hundred Thousand Dollars — ($800,000.00). If the construction bids are greater than the CITY's estimated construction budget, CONSULTANT shall revise the plans and documents as to bring the PROJECT construction cost within the CITY's estimated construction budget at no addition in professional fee to the CITY. Any final plans for this phase of the PROJECT must include the Performance Area as required by the State of Florida Grant and the Bayfront Park Management Trust, hereinafter referred to as "TRUST". 7. The CONSULTANT shall include a maximum of three (3) site visits. Reimbursable expenses will be limited to transportation, lodging, and meals by the principal for the basic fee. Extra visits requested by the CITY will be additional services. The CONSULTANT's designated representative shall attend a maximum of six (6) construction coordination meetings. 8. The City Manager has designated the Public Works Department to provide PROJECT management and coordination for the CITY including review and approval of the CONSULTANT's plans. The CONSULTANT shall submit his schematic design and construction plans at 50 percent and 90 percent completion to the Director of Public Works for review. Any suggestions or changes requested by the CITY or the Trust will be given through the Public Works i Department no later than seven (7) working days after receipt of the Consultant's drawings and 'the CONSULTANT shall revise the -6- 92- 1_78 plans and other documents as it is appropriate to the program and design. 9. All construction contract plans and specifications prepared by the CONSULTANT shall bear the seal of the Florida architect, professional engineer or landscape architect who prepared the plans and that the names of professional responsible for the major portions of each separate specialty of the work shall appear on the construction contract plans. In the event that the PROJECT, or any of its portions are not constructed, CONSULTANT shall provide the appropriate aforementioned sealed plans to all Contract Drawings as required for permit under the South Florida Building Code. 10. 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 City's concern for conserving energy. D. 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 fee or on an hourly rate basis for those services rendered as provided in IV, Compensation, paragraph B. i E. The plans and all related documentation shall be i ( delivered to the CITY before final payment is made. 1 a -7- 9 2 - 178 A1�DTTTQj�jAt. PROFESSIONAL RE-SEQNSIBILITIESt The following professional services and work by CONSULTANT shall not be considered extra services but on the contrary shall be considered part of the work of the CONSULTANT: A. Any revisions suggested by the CITY that are within the CITY's and Trust's program and scope of the work, as outlined in the prior correspondence between the parties, before the plans, documents and specifications are approved by the CITY. The CITY recognizes, however, that revisions to the Project whether within the CITY'S and Trust's program and scope or not, will add to the CONSULTANT'S work and delay the completion of Construction Documents. It shall hold these to a reasonable number. B. Revise the construction documents including the plans and specifications to reduce the cost of construction of the Performance Area and the related site development portion of the PROJECT to within construction budge of Eight Hundred Thousand Dollars ($500,000.00) or CITY approved amount for the construction of the PROJECT, if the amount of the lowest acceptable bid received by the CITY for the construction of the PROJECT is in excess of the final amount budgeted or approved for the cost of the construction contract of the PROJECT. C. Although current available funding may not cover the construction costs, the CONSULTANT shall provide complete site development plans as per Section II B.2 of this Agreement. D. Provide the CITY with the pertinent technical information and survey references in the possession of or readily -$- 92- 178 available to CONSULTANT from the NOGUCHI DESIGN for the Public Works Department to provide the civil engineering design and plans for the site utilities (including water, sanitary sewer, storm drainage, electric service), site irrigation, electric, lighting and plumbing for the Performance Area. E. Coordinate the construction plans for the NOGUCHI DESIGN with the CITY's civil engineering plans. A. CITY shall pay the CONSULTANT, as maximum compensation for the services required pursuant to Section II hereof, Sixty - Seven Thousand Dollars ($67,000.00). Payment will be made by the CITY monthly in proportion to the services performed as invoiced by 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: Shoji Sadao $100.00/hr. Lester Pancoast $ 80.00/hr. Pedro DuQuesne $ 65.00/hr. Technical Staff will be at the rate of 2.5 times salary plus all benefits. C. Final payment of all compensation due CONSULTANT shall be made within thirty (30) days after CITY approves and accepts I in writing the plans, documents and specifications of the PROJECT. -9- 92- 1.78 C V. The Contract Documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Section II hereof and shall become the property of CITY.. CONSULTANT agrees that the Contract 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. 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 in the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. NON-DELEGUILITY: 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. -10- 92-- 178 AUDIT RIGHTS: CITY reserves the right to audit the records for this Project of CONSULTANT at any time during the performance of the this Agreement and for a period of one year after final payment is made under this Agreement. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by 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 percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. COMSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. XL. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns'. -11- 92- 178 K" I COMPLIANCE WITH STATE AND LOCAL LAWS: li Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. CONFLICT OF INTERESTS 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 interest, 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. INDEPENDENT CONTRACTOR: CONSULTANT and its employees, agents, subcontractors and subconsultants shall be deemed to be independent contractors, and not agents or employees of CITY; and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of -12- 92" 178 CITY, or any rights generally afforded classified or unclassified l employees; further they shall not be deemed entitled to the ' Florida Workers' Compensation benefits as an employee of CITY. 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 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. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement any time prior to the completion of the services required pursuant to Section II hereto without penalty to CITY. In 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. 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 Section to CONSULTANT shall be made only, if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in -13- 92.- 1_78 default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI' INDEMNIFICATION1 CONSULTANT shall indemnify and save CITY 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 under this Agreement, including any person acting for or on its behalf, and, from and against any order, 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 and the CONSULTANT shall be given an opportunity to defend against any action in which the CONSULTANT may be required to indemnify the CITY. A. CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Section and such insurance has been approved by the CITY. B. CONSULTANT shall maintain during the term of this Agreement the following insurance: -14- 92 178 1. Liability coverage in a comprehensive form for bodily injury and property damage in an amount of not less than $100,000. 2. Professional Liability Insurance in a minimum amount of Five Hundred Thousand Dollars ($500,000.00) 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. C. All insurance policies to be issued must be approved by the Insurance Coordinator of the CITY and the CITY shall be named additional insured when applicable. D. CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that CONSULTANT has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that cancellation of the insurance shall be effective without prior 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 under any portion of this Agreement. XVIII, CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. -15- 9 2 .- 178 "'' 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 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. City of Miami City Manager 3500 Pan American Drive Miami, Florida 33133 Shoji Sadao Fuller & Sadao, P.C. 32-37 Vernon Blvd. Long Island City, N.Y. 11106 B. CONSULTANT shall coordinate his WORK with other entities having jurisdiction over other portions of the PROJECT, namely the TRUST and others as may be applicable. C. Title and paragraph headings are for convenient reference and are not part of this Agreement. D. 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. E. 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. -16- 99- 178 F. 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day of ATTEST: 1992. CITY OF MIAMI, a municipal corporation of the State of Florida 2 By MATTY HIRAI CESAR H. ODIO City Clerk City Manager WITNESSES: FULLER AND SADAO, P.C. y B �. .`) ( Title ) i APPROVED AS TO IN CE APPROVED AS TO FORM REQUIREMENTS: AND CORRECTNESS: r. Divisio o Ris anagement A. QUINN JONES, III 4- City Attorney CLL/ebg/ra/M317 1/30/92 4:30_)?.M. -17- 92r- 178 f 30 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members ro of the City Commission FROM Cesar H. Odl City Manager RECOMMENDATION: DATE F E g 2 7 i992 FILE : Resolution Authorizing the sueiEcr . City Manager to Execute an Agreement with Fuller and Sadao, P.C. in an amount not REFERENCEto exceed $67 , 000 to provide final construction plans for ENCLOsuREfihe South End of Mildred and Claude Pepper Bayfront Park It Is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an agreement (in substantially the form attached) with Fuller and Sadao, P.C. to complete the designs and final construction plans for the South End of Bayfront Park. BACKGROUND: After a decade, the Bayfront Park Redevelopment project has not been completed particularly at the southern end south of the Fiagler Street Plaza and Pepper Fountain. The City has available about $900,000 In funds largely from a State of Florida grant to complete the design and construction of the South End of Bayfront Park Including a performance area which Is a grant requirement. At the City Commission Meeting of September 26, 1991, the Bayfront Park Management Trust requested the City to have the design and construction of the South End of Bayfront Park completed within the available funds and in accordance with Isamu Noguchl's design. By Motion No. 91-676 the Commission Instructed the Administration to proceed with the development of Bayfront Park - South End utilizing monies previously allocated by the State of Florida. Representatives of the City staff and the Bayfront Park Management Trust met with Noguchl's architects, Fuller and Sadao, P.C. to work out an agreement for them to complete Noguchl's design at the South End of the Park to Include, the performance area required by the State of Florida grant and to prepare final construction plans. 92- 1'78 30 - Attached Is a copy of the Professional Services Agreement between the City and Fuller and Sadao, P.C. with the agreed upon program, i scope of services, schedule and maximum fee of $67,000 to provide =� the final architectural and site development construction plans for the South End of Bayfront Park In accordance with Isamu j Noguchl's designs and wlthln available funding. As directed by ! Motion No. 91-676, It Is requested that the City Commission adopt - I the attached resolution authorizing the City Manager to execute the agreement between the City and Fuller and Sadao, P.C. to _ complete the Noguchl designs and construction plans for the South End of Bayfront Park utilizing monies previously allocated by the State of Florida and appropriated In Capital Improvement Project No. 331305, Bayfront Park Redevelopment - South End and Chopin Plaza. - 2 - . 92- 178 N