HomeMy WebLinkAboutR-92-0303J-92-170
4/08/92
RESOLUTION NO. 9 2 M 303
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NEGOTIATED
AGREEMENT,IN AN AMOUNT NOT TO EXCEED $236,34Q
BETWEEN THE CITY OF MIAMI AND THE BLACK -OWNED
MINORITY FIRM OF THADDEUS COHEN ARCHITECT,
P.A., TO PROVIDE PROFESSIONAL SERVICES FOR
THE DESIGN, PREPARATION OF CONSTRUCTION
DOCUMENTS AND CONSTRUCTION ADMINISTRATION OF
AN OLYMPIC POOL COMPLEX FOR CHARLES HADLEY
PARK; AUTHORIZING SAID COMPENSATION TO BE
PAID FROM AVAILABLE FUNDS APPROPRIATED IN THE
HADLEY PARK POOL REPLACEMENT CAPITAL
IMPROVEMENT PROJECT NO. 331349.
WHEREAS, the City of Miami pursuant to Resolution No. 91-433
adopted June 20, 1991, designated as a Category B Project, the
acquisition of architectural, landscape architectural and
engineering services for the design, preparation of construction
documents, and construction administration of an Olympic Pool
Complex at Charles Hadley Park, Miami; 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
ATTACHMENT (S)
CONTAINED
1. lily COMMISSION
I MEETING OF
MAY 1 4 1992
Aesctution No.
92- 303
WHEREAS, on January 23, 1992, the City Commission by
Resolution 92-48, approved the findings of the Consultant
Selection Committee as to the most qualified teams, in rank
order, to provide professional services for the design,
preparation of construction documents and construction
administration of an Olympic Pool Complex for Charles Hadley
Park; and
WHEREAS, Resolution No. 92-48 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
Thaddeus Cohen Architect, P.A., was negotiated in a fair and
reasonable manner and in the best interest of the parties; and
WHEREAS, an amount not to exceed $236,340 as compensation
for the required professional services is available from funds
allocated in Capital Improvement Project No. 331349, entitled
Hadley Park -Pool Replacement;
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 the negotiated Agreement, in substantially the form
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x
attached, with the black -owned firm of Thaddeus Cohen Architect,
P.A., to provide professional architectural, landscape
architectural and engineering services for the design,
preparation of construction documents and construction
administration of an Olympic Pool Complex at Charles Hadley Park,
located 1200 N.W. 50 Street, Miami, Florida.
Section 3. Compensation for the required professional
services is hereby authorized in an amount not to exceed $236,340
and shall be paid from funds allocated in Capital Improvement
Project No. 3313491entitled Hadley Park -Pool Replacement.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this
MATTY HIRAI, CITY CLERK
-3-
,1992.
92- 303
s
CAPITAL IMPROVEMENT PROJECT REVIEW:
d
Z
EDU RDO APDRI E
CAPITAL IMMOVE NT PROJECT COORDINATOR
PREPARED AND APPROVED BY:
JULIE 0.
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ww�, , /."/-,
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92- 303
This Agreement is entered into this day of
, 1992, by and between the City of Miami, a municipal
corporation of the State of Florida, hereinafter referred to as
"CITY" and Thaddeus Cohen Architect, P.A., with its primary
office located at 11 S.E. 4th Avenue, Delray Beach, Florida,
hereinafter referred to as "CONSULTANT".
W I T N E S S T H
WHEREAS, the City of Miami pursuant to Resolution No. 91-433
adopted June 20, 1991" designates the acquisizivn vt
architectural, landscape architectural and engineering services
for the design, preparation of construction documents, and
construction administration of an olympic pool complex at Charles
Hadley Park located at 1200 N.W. 50th 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 January 23, 1992, the City Commission by
Resolution 92-48, approved the findings of the Consultant
Selection Committee as to the most qualified teams, in rank
order, to
provide professional
services
for
the design,
preparation
of construction
documents
and
construction
1
92- 303
AILa �
administration of an olympic pool complex for Charles Hadley
Park; and
WHEREAS, Resolution No. 92-48 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;
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:
I. DEFINITIONS
A. DIRECT TECHNICAL SALARY COSTS - is hereby defined as
the salary costs limited to direct payroll of technical and
professional employees for time spent on the project and shall
not include fringe benefits.
B. PROJECT - is hereby defined as the development of an
olympic/competitive pool complex at Charles Hadley'Park located
at 1200 N.W. 50th 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.
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02- 303
II. CONSULTANT'S RESPONSIBII�iTIF-
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.
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 phase shall
be considered complete upon receipt of said approval and
acceptance by CITY.
D. The CONSULTANT shall produce a design for an
olympic/competitive pool complex, which includes but is not
limited to an enclosure of the building, spectator seating,
scoreboards, timing devices, locker facilities, equipment storage
areas, training rooms, etc. The CONSULTANT recognizes that the
design may be constructed in phases as the current available
budget may not be sufficient to construct the fully designed
compliment of desired equipment and support facilities of an
olympic/competitive pool complex.
E. The CONSULTANT may be required to make presentations,
from time to time, to the Miami City Commission and/or other City
Boards regarding the design of the PROJECT.
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III. CONSULTANT'S BASIC SERYI E
The CONSULTANT shall undertake and be responsible for the
accomplishment of the activities in the following six (6) phases
of the PROJECT:
A. Program Development and Planning Phase
1. The CONSULTANT shall meet with CITY staff to
establish the PROJECT'S 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 site and any
surrounding environmental considerations.
2. The CONSULTANT shall prepare a Program
Analysis Document outlining the PROJECT relationships
expressed above.
3. The CONSULTANT shall prepare a Preliminary
Diagrammatic Site 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, including phasing.
4. The CONSULTANT shall, upon acceptance by the
CITY of a Preliminary Site Utilization Plan, prepare a
Final Site Utilization Plan indicating all building
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and site functions, circulation and all other
relationships and a detailed Preliminary Cost Estimate
including cost estimates necessary to accomplish the
selected Program, in phases, if warranted.
B. Schematic Qgsgn 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,
location of structures, floor plans, elevations,
access and circulation, site 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.
5 92-- 303
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.
C. Design Development se
1. The CONSULTANT shall prepare Design
Development Documents consisting of plans, sections,
elevations, interior layouts and other drawings, as
well as outline specifications, all in order to fix
and illustrate the size and character of the entire
PROJECT in its essentials, as to location, kinds of
material, types of structures, 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
alteration as may be requiri.!'submit Design
Development Documents to the CITY as required herein,
along with a time schedule for construction, including
phased construction, if any, and the Final Cost
Estimates.
4. The CONSULTANT shall submit an Illustrative
Design Development Master Plan for the entire site.
N.
92- 303
S. The CONSULTANT shall revise the Design
Development Documents and other material as may be
directed by the PROJECT MANAGER, the City Commission
and/or City Boards.
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
or phases of the PROJECT. The determination to direct
the CONSULTANT to prepare separate Construction
Contract Plans and Specifications for components of
the PROJECT that may be constructed in phases shall be
made prior to the start of the final Construction
Contract Plans and Specifications. All documents
shall be in conformance with all applicable 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 architectural, landscape
architectural, and engineering work, service -connected
equipment, i.e. fixtures and equipment attached to the
92- 303
facility electrically, mechanically or structurally,
site development, and the special provisions of the
Construction Contract Documents.
2. The CONSULTANT shall furnish space planning
and interior design services which are normally a part
of its Contract Documents and Specifications, as part
of the basic services within the stipulated fee.
3. The CONSULTANT shall prepare Interior Layout
Plans indicating the location of fixtures and
furnishings to be bid and purchased separately from
the PROJECT construction contract. These plans should
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 by 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
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, engineer or
8 92- 303
landscape architect 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
PROJECT, after the CITY has 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
filing documents required for the approval of
governmental authorities having jurisdiction over the
PROJECT.
9. The CONSULTANT shall deliver to the CITY the
completed master set of Construction Contract Plans
9 92- 303
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.
E. Contract Bidding P_hasg
1. The CONSULTANT shall, during the period of
advertisement, receipt and analysis of bids, prepare
any addenda, with accompanying drawings or other
material 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
for each set of Contract Documents prepared.
2. The CONSULTANT shall take part in a bidders
conference with the CITY, if held.
3. The CONSULTANT shall assist the CITY in
preparing responses to inquiries from prospective
bidders, when requested.
4. The CONSULTANT shall assist the CITY in the
analysis of bids and make recommendations on the
disposition of bids and award of contracts, when
requested.
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.
10 99-- 303
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.
F. Construction Phase
-
The Construction Phase shall commence with the award of the
-
Construction Contract.
=
1. The CONSULTANT shall attend regular site
meetings and make periodic visits to the site to
-
remain familiar with the progress and quality of the
=r
construction work, to determine that construction is
.
-
proceeding in accordance with the Contract Documents
7
4 .
3
and submit observations to the CITY in writing within
five (5) working days after each visit.
1'
2. The CONSULTANT shall cooperate with the
PROJECT MANAGER, the PROJECT Inspector from the
Y
Department of Public Works and the Contractor in
11 92- 303
1
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 the Contractor's proposed changes in
materials and equipment, and on matters relating to
extra work orders and supplemental agreements, if any.
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
CONSULTANT, for permanent CITY records.
5. The CONSULTANT shall review test reports
required by the Contract Documents and notify the CITY
of noncompliance with the Contract Documents, if any.
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
tests.
7. The CONSULTANT shall receive samples which are
required to be furnished by the Contractor, record
12 92- 303
r�
data received and its source, examine said samples and i
notify the CITY of approval or rejection and maintain
custody of approved samples.
8. The CONSULTANT shall, if necessary, assist the
CITY in the preparation of bids for 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 =
s=
installation of said fixtures and furnishings.
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1�
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 the
r:
responsibilities under the terms of this Agreement;
however, the CITY shall have the right to take
i
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
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 of 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 date
of beneficial occupancy.
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
plans, revised to include all changes or modifications
14 92- 303
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 RESPONSIBILITIES
A. The CITY shall provide information regarding its
requirements for the PROJECT.
B. The CITY shall furnish a Certified Partial Sketch of
Survey of the PROJECT site giving, as applicable, grades and
lines of streets, alleys, pavements and adjoining property; right
of way, restrictions, easements, utilities, trees, encroachments,
zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and data from existing records on file in
the Department of Public Works of the CITY pertaining to existing
buildings, other improvements and trees; 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
bidding and construction sets of the Drawings and Specifications,
and loan all existing and applicable CITY aerial photographs to
the CONSULTANT.
E. The CITY shall appoint a PROJECT MANAGER to act as
liaison between CITY and CONSULTANT and 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.
F. The CITY shall furnish all required testing necessary
for the PROJECT, including core borings, test pits, structural,
mechanically, chemical, soil, and mill and laboratory tests, and
the related services of a soils 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 thereof.
G. The CITY shall review and approve the WORK as it relates
only to overall compliance with the general requirements of the
PROJECT. Whenever the term "approval by the CITY" or like term
is used in this Agreement, the phraseology shall in no way
relieve the CONSULTANT from any duties or responsibilities under
the terms of this Agreement and from using the best professional
architectural, engineering, landscape architectural and any other
necessary services and practices.
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V. COMPENSATION FOR CONSULTANT'S BASIC SERVICES
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 III. CONSULTANT'S BASIC
SERVICES hereof, the CITY agrees to pay, and the CONSULTANT
agrees to accept, a fee not to exceed $ 236,340 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
A.
Program Development and
Planning Phase
5%
$ 11,820
$ 11,820
B.
Schematic Design Phase
20
47,280
59,100
C.
Design Development Phase
20
47,280
106,380
D.
Construction Documents
Phase
35
82,740
189,120
E.
Contract Bidding Phase
5
11,820
200,940
F.
Construction Phase
15
35,400
236,340
TOTAL
100%
$ 236,340
$ 236,340
VI. SCHEDULE OF WORK
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
17 92- 303
Anik A" IL
to complete all functions related to review and approval of the
various phases within fourteen (14) calendar days of receipt of
submissions. 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 Devel¢pm nt 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.
B. 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 PhAZ-
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 Documents Phase
The CONSULTANT shall complete the Construction Documents
Phase within ninety (90) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
phase.
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92- 303
a
E. Contract Bi ing Phase
The CONSULTANT shall complete its responsibilities within
the time frame established by the City at time of bidding for the
period of advertisement, receipt and analysis of bids. The
Bidding Phase shall be completed on the day the CITY executes a
Construction Contract for the PROJECT.
F. Construction Phase
The Construction Phase shall commence with the award and
execution 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 within 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. CONSULTANT'S
BASIC SERVICES hereof.
r 3. The City Commission has accepted the PROJECT by
Resolution.
The estimated length of the Construction Phase(s) shall be
established and mutually accepted, at the completion of the
Design Development Phase.
VII. EXTENSION 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
19 92- 303
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. ADDITIONAL 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 additional
services, pay the CONSULTANT at the rate of two and one half
percent (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 coats within the budget -in accordance with
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 predetermined
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for phased construction pursuant to SECTION III.
CONSULTANT'S BASIC SERVICES.
4. Providing additional design and administration
services for the extension and connection of utility
service to and beyond the project site.
5. Providing additional design and administration
services for turning lanes from adjacent streets due to
an assessment of traffic impact.
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
coca truction time and require additional weekly site
meetings due to no fault of the CONSULTANT.
Cor_3truction 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.
B. 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.
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IX. RE I, MBURSABLE 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 in the
interest 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.
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.
X. SUSPENSION OR TERMINATION OF AGREEMENT
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. COMPENSATION FOR
CONSULTANT'S BASIC SERVICES, provided 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 percent (2.5%) '=
times DIRECT TECHNICAL SALARY COSTS for those services rendered
in such 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
r
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.
OWNERSHIP OF DOCUMENTS hereof, shall become the property of the
CITY, with the same provisions of use as set forth in said
SECTION XIV.
XI. SUBCONSULTANTS
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. NONDELEGABILiTY hereof, the
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obligations undertaken by the CONSULTANT shall include the
employment of the following subconsultants to perform the
specialties required of this PROJECT:
Johnson, Hernandez & Associates, Inc.
Mechanical & Electrical
Engineering, Plumbing
Guido Van Meek Engineering
Civil Engineering
M.A. Suarez & Associates, Inc.
Structural Engineering
Broward Engineering Associates
Pool Design and Engineering
Wallace Roberts & Todd
Landscape Architecture
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
written request to the CITY for its approval, submitting the
reasons for said termination.
C. The CONSULTANT will 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
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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.
COMULTMT: CITY OF MIAMI:
Thaddeus Cohen, Architect Herbert J. Bailey
Thaddeus Cohen Architect, P.A. Department of Development
11 S.E. 4TH AVENUE and Housing Conservation
Delray Beach, FL 33483 300 Biscayne Blvd. Way
Suite 400
(407) 276-4300 (305) 579-3366
B. Title and paragraph headings are for convenient
reference and are not a 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.
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
25 92- 303
event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
F. Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
X11I . INSURANCE
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.
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
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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.
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.
:2
U
ASV. NONDELEGABILITY
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.
XVI. AUDIT_RIGHTS
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
°j 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.
XVI II , CONSTRUCTION OF AGRF.EMZNT
This Agreement shall be construed and enforced according to
the laws of the State of Florida and venue shall be in Dade
County, Florida.
SIX. SUCCESSORS -AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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fl
1
CONSULTANT covenants and agrees that it will indemnify and
hold harmless the CITY and any of its officers, agents and
employees from claims, loss, damage, cost, charge or expense
arising out of negligent acts, actions, or ommissions by
CONSULTANT or any of its officers, agents, employees or 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.
XXI. CONFLICT OF INTEREST
A. The CONSULTANT covenants that no person under its employ
who presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, with the CITY. The CONSULTANT
further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any
such interests on the part of the CONSULTANT its employees, must
be disclosed in writing to the CITY.
B. The CONSULTANT is aware of the conflict of interest laws
of the City of Miami (City of Miami Code Chapter 2, Article V),
29 92-- 303
0 0
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.
KXII. INDEPENDENT CONTRACTOR
The CONSULTANT and its employees and agents shall be deemed
to be independent contractors, and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the CITY, or any rights
generally afforded classified or unclassified employees; further
its employees and agents shall not be deemed entitled to the
Florida Worker's CompensatAlon 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.
XXIV. NONDISCRIMINATION
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.
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i
XXV MINORITY PROCUREMENT OMPLTANU
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.
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31
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials thereunto
duly authorized this day and year first above written.
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA
ATTESTx
MATTY HIRAI CESAR H. ODIO
CITY CLERK CITY MANAGER
CONSULTANT,
THADDEUS COHEN ARCHITECT, PA.
ATTEST:
G.
CORPORATE SECRETARY T DEUS COHEN, A A, PRINCIPAI,
APPROVED AS TO INSURANCE
REQUIREMENTS:
INSURANCE COORDINATOR
CITY OF MIAMI
SEAL,
APPROVED AS TO FORM AND
CORRECTNESS:
92- 303
32
CORPORATE RESOLUTION
WHEREAS, THADDEUS COHEN ARCHITECTS, P.A. desires to enter
into a Professional Services Agreement with the City of Miami;
and
WHEREAS, the Board of Directors at a duly held corporate
c
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 -
i_
in the proposed contract to which this resolution is attached.
DATED this « day of -AmIn'L , 1992.
—##Mos
CHAIRPERSON OF THE BOARD OF DIRECTORS
92- 363
33
14
CITY OF MIAMI, FLORIDA =
_ INFER -OFFICE MEMORANDUM
-I -
i
-� Honorable Mayor and Members DATE : FILE
TO : y APR 2 8 1992
of the City Commission -
SUBJECT Authorization to
Execute Agreement/
Charles Hadley Park
Olympic Pool Complex _
FROM : Cesar H. OdiO REFERENCES : For May 14, 1992
City Manager Commission Meeting
ENCLOSURES:
RECOMMENDATION:
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 $236,340 between
the City of Miami and the black -owned minority firm of Thaddeus
Cohen Architect, P.A., to provide professional services for the
design, preparation of construction documents and construction
administration of an Olympic Pool Complex at Charles Hadley Park;
authorizing said compensation to be paid from available funds
appropriated in the Hadley Park Pool Replacement Capital
Improvement Project No. 331349.
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 Thaddeus Cohen Architect, P.A., for
the acquisition of professional architectural, landscape
architectural, and engineering services for the design of an
Olympic Pool Complex at Charles Hadley Park, located at 1200 N.W.
50th Street, Miami, Florida.
On June 20, 1991 by Resolution No. 91-433, the City Commission
designated the acquisition of architectural, landscape
architectural and engineering services for the Olympic Pool
Complex Project at Charles Hadley Park, as a Category B Project.
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.
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C-1
Honorable Mayor and Members
of the City Commission
Page Two
: .9
Resolution No. 92-48, adopted by the City Commission on January
23, 1992 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 Thaddeus
Cohen Architect, P.A., the number one ranked firm, in an amount
not to exceed $236,340 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. 331349 entitled
Hadley Park Pool Replacement.
It is therefore, recommended that the City Commission approve the
attached Resolution in its entirety.
Attachments:
Proposed Resolution
Professional Services Agreement
9?- 303