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HomeMy WebLinkAboutR-92-04114V J-92-438 6/3/92 ,t RESOLUTION NO. 9 2 - 411 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BURLS MARX & CIA. LTDA. FOR THE PURPOSE OF MODIFYING, COORDINATING, AND EXTENDING THE ORIGINAL BISCAYNE BOULEVARD NEW WORLD DESIGN WITH THE CONSTRUCTION PLANS BEING PREPARED BY THE CITY UNDER AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT TRANSPORTATION FOR THE BISCAYNE BOULEVARD PRELIMINARY ENGINEERING HIGHWAY DEMONSTRATION PROJECT AND ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 341172 IN AN AMOUNT NOT TO EXCEED $135,000. WHEREAS, the Commission of the City of Miami, by Resolution No. 88-628, adopted July 14, 1988, approved, in principle, the Master Design Plan for BISCAYNE BOULEVARD, referred to as the BISCAYNE BOULEVARD NEW WORLD DESIGN, prepared by Roberto Burle-Marx, under contract to the New World Center Foundation, hereinafter referred to as the "BISCAYNE BOULEVARD NEW WORLD DESIGN", as a development standard for improvements to BISCAYNE BOULEVARD public right-of-way and adjacent sidewalk areas from the Miami River to Northeast 18th Street; and WHEREAS, the Fiscal Year 1991 United States Department of Transportation Appropriations Act (P.L. 101-519) provided $1.7 million in funding to be used on the State of Florida's Biscayne Boulevard Preliminary Engineering Demonstration Project in Miami, Florida hereinafter referred to as the "Project"; and ATTACHMEW ;WI CITY COMMISSION MEETING OF i U N i i 1992 Resolution Ito. 92- 411 40 40, WHEREAS, the City by Resolution No. 91--534, adopted July 11, 1991, authorized the City Manager to execute a Memorandum of Agreement with the State of Florida Department of Transportation for the City to prepare the construction documents for the $1.7 million funding designated for the "PROJECT"; and WHEREAS, the Agreement with the State of Florida authorizes the City to retain the services of Burle Marx & Cia. Ltda. for the purposes of modifying and coordinating the original Master Design Plan with the City's construction plans as necessary to complete the construction documents for the PROJECT, and to provide new designs for the Boulevard at Bayfront Park and from Northeast 19th to Northeast 24th Streets for future construction; and WHEREAS, representatives of the City Manager and Burle Marx & Cia. Ltda. have negotiated a Professional Services Agreement to provide the required services and new designs for the Project for a maximum fee in the amount of $135,000; 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 a Professional Services Agreement, in substantially the - 2 - 92- 411 attached form, with Burle Marx & Cia. I,tda. to provide new designs and design services as necessary for the City to prepare the construction plans for the Biscayne Boulevard Preliminary Engineering Demonstration Project, with funds therefor hereby allocated from Capital Improvement Project No. 341172, in an amount not to exceed $135,000. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth day of ,dilne_i�_. 1992. XAVIER L\ SUAREZ, MA ATTE MATT HIRAI CITY CLERK SUBMITTED BY: CAPITAL BUDGET REVIEW: bi . g. L,--- I - vs�7 - -- WALDEMAR E . LEE -EDIJARqO RODRtgUE4 ACTING DIRECTOR OF PUBLIC WORKS CAPITAL, IMPROVEMENT ADMINISTRATOR PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A% QUINNES, III CITY ATT EY CLL:ra:M2990 3 - 92- 411 13 PRQFESSIONAL SERVICES AGREEMENT This Agreement 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 Roberto Burle Marx & CIA LTDA, Landscape Architects, referred to as "CONSULTANT". R E C I T A L: WHEREAS, the City Commission adopted on July 11, 1991, Resolution 91-534, authorizing the manager to execute an agreement with the State of Florida Department of Transportation for professional services to prepare construction documents for Florida's Biscayne Boulevard Preliminary Engineering Highway Demonstration Project in Miami, Florida, hereinafter referred to j as the "PROJECT"; and WHEREAS, the original concept design plan for the Biscayne - i = Boulevard Highway Demonstration Project was prepared by Roberto = { = Burle Marx in 1988 under contract to the New World Center Foundation; and WHEREAS, the City of Miami is authorized by the agreement { with the State of Florida to retain the services of the -} CONSULTANT for the purposes of updating and refining the original concept design plans as necessary to complete the construction documents for the PROJECT; and _ WHEREAS, funding for the CONSULTANT services is provided by the State of Florida as a component of the $1.7 million dollar - budget for the preparation of PROJECT construction documents; y KLI mir.4vu fuh FUNf, 4 IMEW. PLEASE IDENTIFY AS 1 5 - q'i / �I 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: V The term of this Agreement shall be from the date of its execution by the City Manager through October 11, 1996. II. SCOPE OF SERVICES: CONSULTANT'S services under this agreement shall include: A) The CONSULTANT shall be under the supervision of the Director of Public Works for the City of Miami. B) The CONSULTANT shall undertake and be responsible for the accomplishment of the following activities: a). Updating, revising and correcting the existing preliminary design plan as prepared in 1988 for Biscayne Boulevard from the Miami River to N.E. 18th Street by: 1. Revising sidewalk, crosswalk, and median mosaic paver designs, as necessary, to conform with proposed construction, final engineering alignments & dimensions and existing conditions for the highway improvement; 2. Revising the planting plan including locations and types of materials, as necessary, to conform to final engineering alignments and dimensions for the highway improvement and to resolve conflicts with underground utilities and structures; 2 92- 411 U El 3. Reviewing and revising the list of plant material, as necessary, to assure attainability and affordability of plant material currently available from regional commercial nurserys; 4. Reviewing and revising, as necessary, the original conceptual lighting plans to conform to above revisions in paver and planting plan designs; 5. Reviewing and revising, as necessary, the original conceptual plans for street furniture and seating areas to conform to above revisions in paver and planting plan designs. b) Reviewing materials and furnishings alternatives identified by the CITY and recommending final selections of: 1. Pavers, including type, size, and colors; 2. Street furniture, including seating (fixed and movable), waste containers, lighting fixtures and tree grates. c) Completing and extending the preliminary concept design plan for paver mosaics and landscaping to include the following additional segments of the PROJECT: 1. Biscayne Boulevard's east sidewalk between Chopin Plaza (SE 2nd St.) and the Torch of Friendship (NE 3rd St) including the east half of the Flagler Street crosswalk. 2. The Port Boulevard intersection from NE 5th to 6th Streets, including the Port Boulevard approach to the Port Bridge. 3 92— 411 s rt 3. Sidewalks and adjacent front setback yard areas (10 feet in depth) along both sides of Biscayne Boulevard from NE 18th Street to NE 24th Street (northern limit of the Downtown Development Authority taxing district) including two 60 foot wide crosswalks (locations to be determined). 4. Provide typical details and specifications for the Counsutants unique designs. d) Four (4) site visits by CONSULTANT Principals (limited to two persons) and/or Project Manager for coordination of design revisions, field inspections and surveys, and design presentations. Site visits shall be scheduled with the prior approval of the City's Director of Public Works. B) The CITY agrees to supply the following: a) All plans, written material, and public documents describing the project and its public purpose objectives. b) All base maps, surveys, preliminary and final engineering drawings and aerial photographs. c) The time, as required, of City Public Works Staff to assist in project design revisions and conceptualizations. d) Ozalid and photocopy prints of plans, specifications, and construction details as necessary for CONSULTANTS work. C) The CONSULTANT shall provide its own office and primary work space, except during site visits to Miami when work space for drafting and drawing revisions will be provided at the Public Works offices (275 N.W. 2nd Street) or at the Downtown Development Authority offices (1 Biscayne Boulevard). 4 92- 411 III. MAXIM( COMpENSATI N METH D OF PAYMENT A. CITY shall pay CONSULTANT as maximum compensation for all services and materials required pursuant to Article II _ — hereof, up to One Hundred and Thirty Five Thousand dollars ($135,000). B. Such compensation shall be paid on the following basis upon approval of the contract by both parties: a) Additional Concept Designs - Segment 1 - Biscayne Boulevard east side and crosswalks from SE 2nd to NE 4th St. - $12,000 - i� Segment 2 - Port Boulevard Intersection - $10,000 Segment 3 - Biscayne Boulevard North - 18th to 24th St - $15.000 $37,000 - b) Design Modifications / Material Specifications - Billed at Hourly Rates as follows: Principals (R. Burle Marx / Haruyoshi Ono) $125 / hour Project Manager (Conrad Hammerman)........ $ 80 / hour Project Architects ........................ $ 75 / hour Technical Draftspersons ................... $ 35 / hour c) Site Visits - (up to Four Total) r Billed at Per Diem Rates as follows: Principals - time at $1000 per working/travel day Project Manager - time at $640 per working/travel day Hotel - up to $100 per day per person Air Fare - Per Scheduled Airline Rate, Business Class Meals - up to $75 per day per person d) Reproduction Costs billed at 1.5 x Cost. 5 92- 411 :F L] El C. CONSULTANT shall be paid its fee for Professional Services required pursuant to Sec. II & III.B hereof as follows: a) Additional Concept Designs - Upon submission of each Segment Design, fee payment in full for the respective segment. b) Design Modification / Specifications / Details - Payment quarterly upon submission of design plans and accounting of manhour expenditures. c) Site Visit - Payment in full upon submission of travel expenditure receipts. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. V. GENERAL CONDITIONS: A) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by registered 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. CQNSULTANT : BURLE MARX & CIA LTDA C/O CONRAD HAM14ERMAN 4411 OSAGE AVE, PHILADELPHIA, PA 19104 (215) 382-1505 6 DEPARTMENT OF PUBLIC WORKS 275 NW 2ND STREET MIAMI, FLORIDA 33128 (305) 579-3366 92-- 411 8) 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 I unless made in writing. f E) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of ` competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall > remain unmodified and in full force and effect. VT. OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use, provided however, CITY shall not reuse such documents for projects, sites or purposes other than the PROJECT, without ' 7 92- 411 E 11 4 providing compensation to CONSULTANT in such amount as the CONSULTANT and CITY shall mutually agree. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY. VII. NONDELEMILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII, AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. 8 92- 411 IX. 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 CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XT. SUCCESSORS AND ASSIG : This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION; In consideration of the sum of Ten and no/100 dollars ($10.00) paid by CITY to CONSULTANT as specific, independent and separate consideration, CONSULTANT shall indemnify and save CITY, its officials, employees, agents, and authorized representatives harmless from any and all claims, liabilities, losses and causes of action, including reasonable attorney's fees and court costs, in contract or in tort, in law or in equity, which may arise out of consultant's negligent performance of this Agreement, as determined pursuant to a final non -appealable order of a court of 9 92- 411 competent jurisdiction, unless such negligent performance is caused in whole or in part by an official, employee, agent or authorized representative of CITY. CITY shall notify CONSULTANT In writing immediately upon receiving notice of any matters for which this indemnification provision may be applicable. XIII. 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 interests, direct or indirect, with CITY. CONSULTANT further f covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such i; interests on the part of the CONSULTANT its employees, must be -r disclosed in writing to the 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 will fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR: CONSULTANT and its employees and agents 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 the CITY, or any rights generally afforded classified or unclassified employees; further 10 92- 411 3 its employees and agents shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of the CITY. XV . TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph 3 hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, however, will 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 payments 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, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATQN; 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. XVII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of 11 92- 411 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. Z' I. 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. XIX. DEFAULT PROVISIQH: In the event that 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 CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT in default of the provisions herein contained, shall be forthwith returned to CITY. XX. 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 ef Agreement are of no force or effect. 12 92-- 411 �U-') XXI. AMENDMENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized this day and year first above written. ATTEST: MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Manager CITY OF MIAMI, a municipal Corporation of the State of Florida. By: CESAR H. ODIO CITY MANAGER CONSULTANT: BURLE MARX & CIA LTDA ROBERTO BURLE MARX, PRINCIPAL 13 SEAL APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney m XXI. AMENDMENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto -i duly authorized this day and year first above written. ATTEST: MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Manager CITY OF MIAMI, a municipal Corporation of the State of Florida. By: CESAR H. ODIO CITY MANAGER CONSULTANT: BURLE MARX & CIA LTDA ROBERTO BURLE MARX, PRINCIPAL 13 SEAL APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III C,4.6i City Attorney WHEREAS, BURLE MARX & CIA LTDA LANDSCAPE AR.HITECTS desires to enter into a Professional Services Agreement with the City of Miami; and -i -;i u _y -r WHEREAS, the Board of Directors at a duly held corporate _t -i meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of , 1991. SECRETARY (SEAL) CHAIRPERSON OF THE BOARD OF DIRECTORS 92- 411 CITY OF MIAMI. FLOR;DA 23 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager RECOMMENDATION: DATE{ j F.LE Resolution Authorizing the City SUBJECT Manager to Execute an Agreement with Burle Marx & CIA. LTDA. in an Amount not to Exceed $135,000 RE9:ERENCEJ o Provide Designs for the City o Complete the Construction ENCLOSURE fans for the Biscayne Boulevard �ew World Project 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 Burle Marx & CIA. LTDA. to provide new designs and design services as necessary for the City to prepare construction plans for the Biscayne Boulevard Preliminary Engineering Demonstration Project. BACKGROUND: To promote downtown economic revitalization, the world renown landscape architect, Roberto Burle-Marx, was commissioned to create a distinctive new design for Biscayne Boulevard. On July 14, 1988, by Resolution No. 88-628, the master plan and conceptual designs were approved in principle by the City Commission. The project is known as the Biscayne Boulevard New World Design. The proposed design includes construction of new mosaic paver sidewalks and medians with extensive tropical landscaping extending from the Miami River to N.E. 18th Street. From the Port of Miami Bridge (N.E. 5th St.) to the I-395 Expressway (N.E. 12th Street), the boulevard will be widened to provide medians and improved access to U.S. Highway I-395. This stretch of Biscayne Boulevard is of particular importance because it fronts on the Southeast Overtown Park West Redevelopment and the proposed redevelopments at Bicentennial Park and the F.E.C. Tract. Funding to prepare construction plans has been provided under the fiscal year 1991, U.S. Department of Transportation Appropriations Act (F.Y. 1991). The funds are to be used for the State of Florida's "Biscayne Boulevard Preliminary Engineering Demonstration Project" in Miami, Florida. On July 11, 1991, by Resolution No. 91- 534, the City Commission authorized the City Manager to execute an agreement with the State of Florida Department of Transportation which provides $1.7 million for the preparation of the construction plans. Under this agreement, the City is authorized to engage with Burle-Marx & CIA. LTDA. to modify his original conceptual designs and coordinate these designs with the City's construction plans. In addition, Burle Marx is to provide new designs for Biscayne Boulevard from N.E. 19th Street to N.E. 24th (the north boundary of the DDA district) and for Bayfront Park including the Port B�Quleva d access to the new bridge. 9�- 411 Page 1 of 2 Honorable Mayor and Members of the City Commission This intersection has changed substantially since the conceptual designs were approved in 1988 and must be redesigned. The City is also actively seeking federal construction funds for this proposes widening of Biscayne from the Port of Miami to U.S. Highway I-395 in conjunction with the proposed improvements at Bicentennial Park and the F.E.C. property. Because of the importance of this work, the widening of Biscayne Boulevard has been reclassified as a "transportation improvement plan" for U.S. Highway No. 1. The Burle Marx designs will be part of this project. It is essential to have Burle Marx modify his designs so that the City can complete the construction plans for this portion of Biscayne Boulevard at the earliest possible date. This will assist the City to obtain construction funds. When the funding becomes available, the widening of Biscayne Boulevrd with the Burle Marx Design can be a reality that will revitalize a much needed area of Park West and the Downtown Waterfront. The Public Works Department recommends the adoption of a Resolution authorizing the City Manager to execute the agreement with Burle Marx & CIA. LTDA. attached hereto in a form acceptable to the City Attorney for the purpose of Burle Marx & CIA. LTDA. modifying, coordinating, and extending their originally approved Biscayne Boulevard Conceptual Designs with the City's construction plans for an amount not to exceed $135,000. The cost will be paid from the $1.7 million funding under an existing agreement with the State of Florida Department of Transportation. 92- 411 Page 2 of 2