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HomeMy WebLinkAboutR-89-0242A RESOLUTION,WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND LAURA LLERENA AND ASSOCIATES, INC. FOR PROFESSIONAL DESIGN CONSULTANT SERVICES FOR THE GRAPELAND, HADLEY AND MORNINGSIDE PARK IRRIGATION PROJECTS, AT A -FES TO THE CONSULTANT IN THE AMOUNT Off' $25.,0000, ALLOCATING FUNDS .THEREFOR FROM PROJECT NO. 331338 ENTITLED "CITYWIDE IRRIGATION PROJECTS". WHEREAS, by Ordinance No. 10364, adopted January 14, 1988, the City of Miami created the capital improvement project entitled "Citywide Irrigation Projects" and appropriated funds in the amount of $400,000 for its completion; and WHEREAS, said project includes the replacement and/or new installation of irrigation systems at five parks: Allapattah- - Comstock, Shenandoah, Grapeland, Hadley and Morningside; and WHEREAS, said appropriations were reaffirmed by Ordinance No. 10521?adopted November 17, 1988; and WHEREAS, it was determined that said irrigation projects for Grapeland, Hadley, and Morningside Parks, at a combined cost of $328,000, would require professional landscape architectural services that could best be provided by an outside consultant; and >_ WHEREAS, the City Commission by Resolution No. 87-556� adopted June 11, 1988, designated said project as a Category S t project, appointed a Certification Committee and a Chairman of the Selection Committee and directed the City Manager to seek the services of interested professionals to serve as the design consultant(s) for said project; and r -WHEREAS, pursuant to public notice, proposals were received.- .sV on -April 20, 1988 and duly evaluated ..by the Certification and , Selection Committees; andk CITY coto ISSION f' r MEETING OF MAR 19�9X q 0 j[ yC z t �+ Q WHEREAS, the recommendation of the Selection Committee was presented to the City Manager then to the City Commission on August 8, 1988; and WHEREAS, the City Commission, by Resolution No. 88-7SO, approved said recommendation and authorized the City Manager to negotiate an agreement with the ranking professional design teams, beginning with the team ranked first; and WHEREAS, the City Manager has completed negotiations with the top ranked consultant, Laura Llerena and Associates, Inc., and has prepared the attached design consultant contract based upon said negotiations; and WHEREAS, said agreement calls for complete design services through the completion of construction on said project at a fee to the consultant of $25,000; NOW,,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: a Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the attached form,-1/between the City of Miami and Laura Llerena and Associates, Inc., for 'fR professional design consultant services to be provided for the meµ. Grapeland, Hadley and Morningside Park Irrigations Projects at.a fee to the consultant of $25,000, with funds therefor hereby allocated in said amount from the Capital '= 3'r Improvement Project No. 331338 entitled "Citywide Irrigation Projects". 2/ Section 2. This Resolution shall become effective �- , immediately upon its adoption pursuant to law. 1 PASSED AND ADOPTED this 3rd day of March 1989. A S�2 XAVIER L . SU MMOR ,.MATTY HIRAL. 1/ The herein authorization is further subject to cgmpliance.with all requirements that may be jcsr; imposed by, -the City Attorney as prescribed by �by� spplicabl',e~CityCode provisions. 's g 2/ City Commission approval is required before Zak implementation of design ro osed b the 8 p P Y. herein firm. F } t A N } FINANCE REVIEW AND APPROVAL,= CARLWAARCIAt - FINANC DIRECTOR CAPITAL BUDGET REVIEW AND APPROVALI �— EDUARDO^0DRIGUEZ CAPIT IMPROVEMENT PROGRAM MANAGER — PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY — APPROVED AS TO FORM AND CORRECTNESSs —_ OR E L EZ ATTORNE ; s ZS h 5� �+ is r4 y } r S } MM t - PROPESSIONAL SERVICES AGREEMENT DESIGN CONSULTANTt IRRIGATION PROJECTS FOR a _ GRAPELAND, HADLEY AND MORININGSIDE PARKS between CITY ° OF MIAMI FLORIDA _ s; t and - Laura -Lterena and Associates, ."Inc. s M?t u`ytCyri.��r l xiyf� TYrFt To pAr *7y MOA=154/L 33, SECTION TITLE pllC B < Recital..... . • • • • . • • . ♦ . • ♦ • . . • . • • • • . • . • • • . ... • . • ♦ • ...1 I. Definitions ....... ..•••••.••.••.............•..•••..! II. General...........•.......................•....:...r3 III. Professional Services•. ••••••.••••..•.•••..••••..••.4' A. General Requirements•••••••.•..•..•••.••...••...4 Be Requirements by Phase•.•.••. ......• be age.......: 1. Schematic Design Phasc�.....................7 c 2. Design :Development Phases •••••.•.•.••••:.•..y8. 3• Construction Documents Phase..•.•..••.••.•.9 4., Bidding Phase... ••..•••••••.••••....•Y0..'1 S• Construction Phase.•.•..•....•••••••••...•.11 C. Additional Basic.Services•.•.....•••.•••••••..•14 D. Additional Work Authorized By City.•.•..•.......15 IV. Schedule of Work...............................:.16 V. City Services and Responsibilities.•••.•••.••.....oil, Vie. Compensation for Services......6....••.•.••.•••.••.19 A. Basic Professional & Technical Service Fee•....18 8. Invoicing -: and Payment • • • • -• • • • •_ •; • •;� •. • • • :....,.?..••.19 .. Co Advance Payment•••.....•.•••..•.••••.•..••.•..19 D.= Reimburseable Expenses.... .... ... ........19 E. Additional Work ....... ......... .:.......:.......19 VIL-0 Consultant's�Specialists.• .• •••••••.•:•. c•2QJ VIII. General Conditions•r•.•..•••..:•.....:••.•.,:•••r•.,O�28 IX :.Ownership of Documents. • ... 6 .. • • 6 644-i . • .1• "... • • .'' X• Nan-Delegahility .................:...: ....:..2Z XI'. Audit Rights.:.....;....:..:.....,._...:.....:.:.. >..... • �;22 XII. Conflict of interest•.....................:......•Z',;x ..rrt,•• •'.Z;XIAward of Agreement XIV. Construction of Agreements •••..••.:. see ...........23 XV. Successors and,, As signs. .•:•c•..:.'...i..:..;.....,....+rs.4z XVI. Indemnification.•...•.•."••.•.......•.+•....•••..24 "rXVII. lnBurance'*.o* o • . ... ... r• ►. • • i • • r :.:.' ;..., ;..:..,: '..�'14 XVIII. Termination of Agreement......6•909960:6600.....•..25 R XIX. Right of Dec Is ions. ;• . ... .:. :. ... .,* 0 t,8, ,0,.°. ... t ... XX. Nondiscrimination......••..•..•.•`.........•,:...2 XXI. Independent` -Contractor.., , • . • • • .. • .-..'......:... XXII. Minority Produrement Compliance••'.,••i.:•. :.•.•_•♦.27 :, XIII. Contingency Clause ..•...••.... ...: it' .,.•.27? XXIV. Default Provision.••••••••••.••••• ••••••• ••*••••.i- XXV. Construct ion of Agreement. • • .... 0,0 . • •:• • • :'... •'..:...27" XXVI. Compliance with Laws •.•...••. .••..••.. sit .•.••....28 ,r f XXVI i . Fntir'e . Ag, reement•:. • ..- '• • . • • . • ...... • '• • ...,.''. • ....pp , .2jQ XXVIII • Amendments • . .. • • . • • • • . . . . • • . . • .: • • • . • • • ... . • . ! • • . • ..'i.8' J ,x _ Corporate Resolution........ •....''},� 5 t 4 y t f it t Gt v s —�4 r.; PROFESSIONAL SERVICES AGRSCMENT j This Agreement entered into this day of 1988, by anti between the City of Miami, a municipal corporation F of the State of Florida, (hereinafter referred to as "CITY",) and Laura Llerena and Associates, Inc., a for profit corporation of the State of Florida (hereinafter referred to. as "CONSULTANT"). 2 t R E C I T A L S: .+. WHEREAS, the [park Advisory Board recommended a Citywide Irrigation Project, which included irrigation systems for tirapeland, Hadley and Morningside Parks, as a part of the Citywide Neighborhood Park Renovation Project; and r WHEREAS, the City Commission accepted said recommendation on November 11, 1987; and WHEREAS, funding for the Citywide Irrigation Project is available through the Capital Improvements Program, Citywide Mom= Irrigation Project No. 331338; and WHEREAS, by Resolution No. 87-556_passed and adopted on June gin; 11, 1987, the City Commission approved the designation a, a « Category '8' Project, the Citywide Irrigation' Project, appointed = the Director of the Parks, Recreation and Public Facilities �F Department, as Chairman of the Competitive Selection Committee } and established a Certification Committee of not Tess than three siF' professionals, qualified in the fields of endeavor or practices involved, to review the qualifications, performance data and related information provided by those responding to the City's ' �43 Request for. Professional Services, in accordance with ordinance <{ —� No. 8965; anti s WHEREAS, the City, through public advertisement .-and Attact mailing, solicited expressions ofinterest:' From clualifi $;A3 , � . - .. i fib. h'r�.`'�• consultants; and WHEREAS, the Competitive Selection Committee a1Ong wit CertiEicatiQn Committee, evaluated the cuAlificr�tions' ref tAA'{� firms who responded to . the City's Re00r fro • 13olected the firms most qualci fieci to prQvid Kof+ss±�#.'ol ► ., i }.tom,"* Iv' � 3�' 4"t +�,ii�',y P' •,{� . - -' la►ndsc tie architPr_tural and engineering services for this project, all in acenrdance with the Competitive Negotiations hot as defined in Plorida Statutes, Chapter 287 and in City of Mimi Code,: Chapter 10-52. 2 for the acgix is i t ion of professional t- services; and WHEREAS, the City Commission, by Resolution No. 88-749.dated August B, 1988 approved the selection of, Laura Llerena and E } Associates. Inc., as the most qualified firm to provide,: along- with the designated sub -consultants, professional landscape architectural and engineering services for the Citywide Irrigation Project, and also authorized the City Manager ,to. t = negotiate an Agreement with it for the professional and technical k y{a services required; } NOW, THEREFORE, in consideration of the covenants and x { obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: SECTION I. DEFINITIONS:,=: A. CITY. is hereby defined as the -City of Miami,-,-Ftoride, F which is a municipal-:c:orporation .organizeci- and existing .-under =the ` t laws of the ;State, o. Florida. s Be CITY MANAGER;- is hereby defined as the, -,City. Manger. ;of - the CITY. ce CONSTRUCTION COST - is hereby defined;as;the :total.,.,Eine1 - hard construction contract cost of the -PROJECT to. the,,CITY:>but'it 'r shall:: not include CONSULTANT FEES, the SPECIAL CONSULTANTS �. ALLOWANCE or the coat of any survey,,'. legal; __f1,naac44 administration or stmil.ar services anti' l.znd ;acquisition, furnished J try �$ by the. CITY: or, any cost of,:`.furniture, furnishings or' unattached= r ilk equipment urchased b the CITY.- �.t P Y .U. CONSULTANT - `is hereby defined as Laura L,lexena a*_; Aesociatess:,..., Iriev : ;tocjether< with al, 1:: the?,- firmsk iiiPnt y k l lembe.re of ,'the aelected 4asign. team Ata i.gnted E, CON3UI1T11N'P' S ' IS LSTS r are share ,jdr�f it�erd�� �'�t � '1,n4ivtd44Ia:-or firms who are eithe r.Laart..of the Cc t3UL'�'�N' =4 M. t. a�'''WIN 8�xi aY��- Y ` i' r r '3 or members of the tiesicjn team selected to provide professional and technical services related to the PROJECT. f'. DAYS - are here defined as calendar days unlaas otherwise specifier]. G. DIRECT TECHNICAL, SALARY EXPENSE - is hereby defined ati the hourly cost of salaries of principals and employees directly engaged on the PROJECT and the cost of those mandatory atk .'1 customary benefits such as statuary employee benefits, insurance, sick holidays, pensions, vacations and similar benefits but not including bonuses or profit sharing. The salary claimed shall be substantiated by the CONSULTANT's accounting records and shall '- - not exceed forty-five dollars ($45) per hour for CONSULTANT'S Principals' salary. Benefits are agreed to be not more than thirty-five (35%) percent of the hourly rate for any individual t: employee or principal. H. FEE - is hereby defined as the amount of money the:CITY ;7 agrees to pay and the CONSULTANT. agrees to accept as payment 'in full for all the work rendered pursuant to this Agreement to.. complete the WORK as further defined in SECTION 111. I. PROJECT - is hereby definedas the design and `= constructioti of automatic irrigation- systems.:in Grapeland, Eiadley , Y# J; .and Morningside Parks. t ?: J. PROJECT INSPECTOR - is .hereby defined --as the Inspector;' of the PROJECT designated by the CITY. FA K. PROJECT MANAGER - is hereby defined as the individual or. department who has been designated by the City ,Manager as the }wy Manager of the PROJECT for the CITY. L. WORK - is hereby defined as call the professional technical services to be rendered, or provided by the.CON8ULTAiT 3 F 4t; for the:, PROJECT, as described in SECTION Ills t i - SECTION II. GBNERAIt _ 1 A-* The CONSULTANT- . and the CITY are -folly aware f h t} s Schedule of. Work requirements asdafinec] unor SECTION_,PV����l�� will theregore, proceed • with,':a11 diligence �.q ,parry e�yt tp�{,r;t IK�" T11+ CONSULTANT :. eila l l prggQod . Wj'tt► . a, , � r ''t .,,,. -4, i f t! - t,, n w sound, economical; efficient and proteissional manner, and s1ha11 comply with the provisions of all applicable Federal, State aM Local Codes, Ordinances and Laws. j B. The CONSULTANT shall perform the professional arA technical services as hereinafter set forth and in genefal accordance with the instructions of the CITY. Co The CITY has budgeted the amount of $328,000 for the total cost of the PROJECT as follows: 1 $ 25,000 For design services, specifically, the FEE for the CONSULTANT 2. $-15,000 allowance for PROJECT Costs to be used on the basis of actual expenditures fort " a. $12,500 (estimated) Projected Expenses for inspection, surveys, soil 'investigations'and related costs. b. $ 2,500 (estimated) Incidental Expenses for testing, printing and related'costs. 3. $278,160 for construction as follows ' a. $264,'252 for CONSTRUCTION COSTof the . F PROJECT ' b. $'13,908 for construction contingencies at 5% of the''CONSTRUCTION COST to be, used cash allowance "during construction s 4. -`$ 9840 for overall project 'contingencies at 3% of total PROJECT. E. THE CITY agrees to pay and the CONSULTANT agrees 'to ; accept as paymentin full for all profes9ional'and techniCeil services rendered, as outlined in SECTION II PROFESSIONAL ® SERVICES thereof, ``the FCE of Thirty rty nine Thousand," Three ' Eiundred }} sixty 'dollars ($39,`360. ij iT ' SECTION III PROFESSIONAL SERVICES i 11►' ' GENERAL' REOUIRENMN S 1. Thy CONSULTANT shall provide''_ complat:e drawings, ;p�:A1}l1i"t ' J u' —� epeci`fications" anti` related bid and construction 10c, , ' r`®qui 'ed to complete '`the PROJECT. act,9rd app' aabte'Citxf:"St-kte.al" F#r,eral Codes,'; StatUt�3s 4Y � 4 i t =a� J rpt2i s' r'ddr k t 2. Because of the Ci ty' a concern ror energy conservation and operational efficiency it shall be fully understood thfit the, CONSULTANT shalt pay particular attention to the design of all energy avid utility systems and amenities required for the PROJECT. with emphasis towards conserving energy and operational efficiency. Particular attention shill t be focused on the different uses of the overall sites within the PROJECT and the. different demands of site improvements, recreational facilitiest and plant materials as may be appropriate for the PROJECT. 3. The CONSULTANT and its SPECIALISTS shall work in close coordination primarily with the PROJECT MANAGER and designated City staff from the Departments of Parks, Recreation and. Public, Facilities, Building and Zoning, and Public Works. forming a Technical Committee, if necessary, to be headed by the PROJECT. MANAGER, to work on the PROJECT. 4. The CITY's review and approval of the WORK will relate., only to overall compliance with the general requirements, of. tire,, PROJECT and whenever the.term "Approval by.the CITY" or like term is. used -in this Agreement, the phraseology shall in;, no waX relieve. the- CONSULTANT From any duties or responsibitities,,under the terms of this Agreement, State L��w sand from _using„ the beat professional architectural, landscape; .3rchitectural,:,enginee,ring interior design and any other necessary services .and 'practicos-4 .; 5. The CONSULTANT and its SPECIALISTS shall... throughout ths, course of this PROJECT, particularly in., the initial development ® and analysis stages, work along. with : the CITY Departments- AE Parks, Recreation and Public. Works, and include their input,,an4 review in the overalldesignprocess.. 6:- The CONSULTANT shall, in proposing the staging••and sequence~ �j of construction improvements for the PROJECT.: "¥ — take consideration = the ongoing- programs .: and., events � :which scheduled and..work .with the CITY ;to ►ngimize t.be; impact construction may have, on said programs anal even ,s; ys , 7, : The-,, CONSULTANT : and its .SPFCIAI�ISTS ; shall bye . prepge 1r►,, '> rr rl� the :appropriate;.dvcu►nent,s to attend, and. park�,caipatQ-in,�i��°,yap w,lth. tbo .PROJECT. MANAGER, various public meetings �►s aiipl'og��a�s���r� r y T� t } during the course of the PROJECT. Prior to all Public meetingo the CONSULTANT shall confer with the PROJECT MANAGER and related a-- staff, to review, and approve all documents presented to the public. These meetings shall include but are not limited to, the followings s, a. Park Advisory board b. The Miami. City Commission for review, approval, and/or discussion of various aspects of the PROJECT. c. Pre -bid and Pre -Construction meetings. de Construction Meetings e. Post Construction Meetings e. The CONSULTANT shall, throughout the course of the, entire PROJEC'P•, advise the PROJECT MANAGER of any ad justthentsx -,-to previous Cost Estimates which may result from changes in any' aspect.of the PROJECT or from market conditions or -otherwise. 9.: Itshall be the obligation of the CONSULTANT to produce 'a design which may he constructed:within,the Project Budget-orl,any subsequent revision thereof approved by the CITY-. Approval •`•by the,. -::PROJECT MANAGER of. the Schematic Des-ign -anti/or Oesiga Develo ent:'Documents. includes ap proval ppraval of�,the-construction.Coet -- Estimates, unless otherwise advised, submitted therewith.If;the Cost Estimates for .any of the -:phases are, greater - than %:the =CITY, budgeted --.amount.• set < forth . in SECTION I -I . herein, the PROJBCT MANAGER: may require. the, CONSULTANT .to revise., the',..;document related to.the specific Phase as necessary in order to bring,::the CONSULTANT, revised. Cost' Estimate. within the '.CI;TV s..;Project Budget. The work undertaken by . the CONSULTANT in: :revising. :the documents. for the: purposes of meeting the CITY' s, =. Pro, ject Hudgef shall he considered as part of the • CONS UL,TAN',r' s z Professional Services at no additional feN or;eost to�the,�,I�Rf'�� -. „ 10. The. CITY, may designate all or. :portions of the cq�stxac.t(•$) �s-,btack•.and/or. hispanic anti/cai female, sawndt>��in�t�.W° bueinep set aei es• <�nd.. it wig utilise i.t, ai prfiioipation .;4oaa, fjrst sQ�uree hiring and,eallae phase p o�urement Legia.4ti,on, in .41te taicidi��g and a+u�sI rV of thi s PROJECT'. 5 v Y C REMENTS BY P11hS8 r - ' a r -d i na t ion with the rttOJ HCT MANAGERs the CONSULTANT m and be fully responsible for the followinq and technical services which ccxnprise the WORKS ,a The Schematic Design Phase shall commence upon receipt of writtel� authorization to proceed from the PROJECT MANAGER. During the Schematic Design Phase the CONSULTANT'S activities shall include Y the followings a. The CONSUTANT shall review the preliminary programF outlined by the CITY to familiarize itself with the initial heeds and functional requirements. b. The CONSULTANT shall inventory and inspect existing structures, facilities, equipment, utilities, planting and other. a; such improvements in the immediate area of the PROJECT and' shall x document their structural integrity, life expectancy, and feasibilityfor ads lion/removal as they may a l for the - P Y Y PP Y` i installation of an irrigation system, and 'its.` compliance with' current building code requuirements. t Y be Based upon the above functional "andexinting site . requirements, the CONSULTANT shall prepare, Schematic Design ;�04 Documents consiatiny of drawings and other documents illustrating the form, scale, and relationships -of the PROJECT. components. ...' r e. The Schematic Design Documents shall include, but et►a11 not be limited to the illustration of the coverage to be providad by the new irrigation system(a) relative to structures, aece`se and circulation, and site improvements, and' all ''other 'elements r required to '`'fulfill —`the CtTY'S functional nee461. `Also theIdd�ei!' shall be preliminary ' siteutilities and general' '-inFotmatot��. Y of related to irrigation` materials, and `inetiods of i.nsta:1.`l,aki- t; � (it The CONSULTANT 'shall prepare a "•Cost AEinata'bl"Qc��• - down into the variocis elements' o t0e ['ROJCT itsr uses �1 evaluating' the` Schema►tic i)eSi .. `Dod' mj'ts'. 44 7 S� ,: y "',f'ew .ra„v ws.. h-a:.a•�LLWM�+r} rt �r e. 'Che CONSULTANT shall present the Schematic befigb Documents for review, discussion and approval by the PROJECT MANAGER, and the Technical Committee and representatives of the designated -organizations, if required, and revise said documents as directed by the PROJECT MANAGER. f. Upon Finalization of the configuration of the structures and overall site improvements, the CONSULTANT shall. prepare a Schematic Development Master Plan and final. Cost Estimate. - g. The Schematic Design Phase shall be completed when -the PROJECT MANAGER. approves the Schematic Design Documents# including the Master Plan and Final Cost Estimate. 2. DESIGN DEVELOPMENT PHASE: The Design Development Phase shall commence upon completion -._of the Schematic Design Phase and receipt of written authorization to proceed from the PROJECT MANAGER. During the —Design Development Phase, the CONSULTANT'S:_ activities shall include=the i followings, a. Based ;on the; approved Schematic Design- Documents ' nt accompanying Cost Estimate.. including.. any adjustments and modifications authorizer) by the,: PROJECT,: MANAGER; ;: the CONSULTANT shall: oreoare Design. Develodnent Documents consisting of drawit>Kts a elements and systems,- materials, and other related: e1ement6�,';. appropriate to the PROJECT. b. The CONSUUrANT shall submit an`. -estimate of the e, construction cost broken down into major categories and-ele*en and including a • List of Iong> time. 1`ead items equ ring eat . purchase to meet the sciietiule . - . c. t The CONSULTANT may�� , bo required � to ���take - of the Design Development., nboumentsi ntof the #'l�w 4 px�aseritativn . 5 � Advisory . Soard, the .City-Comtpise'ion,'and/or o:khors pro 0.00dr'- k PEQ.E�T,.-and :shall:make mcxiifioation s or. revisior��iadfjt`1i� the PROJECT Mal- cA �'! ryl 4^4 k � Y S !► �11 { lithe Design Development the PROJECT MANAGER approves Lbe final resign Development Documents. 3,. CONSTRUCTION DOCUMENT PHASE& The Construction Document Phase shalt commence upon completion'of the Design Development Phase and receipt of written authorization to proceed From the PROJECT MANAGER. During the Construction Document Phase, the CONSULTANT'S activities shall include the followings a. Based on the approved Design Development Documents, including any modifications and changes directed by the PROJECT , MANAGER, the CONSULTANT shall prepare all contract plane and specifications as well as other contract and bidding documents for the PROJECT. These documents shall conform to -all applicable local, state and federal, codes, ordinances and laws and-,ehall include all required landscape architectural and engineering elements and systems, materials, and equipment, as,.appropriate - for a- completed. PROJECT. b. The CONSULTANT shall continue to advise the PROJi. MANAGER of any adjustments to previous Cost _Estimates which may be indicated by, changes in :scope design, ;requirements,,:.;market conditions or otherwise. c. The CONSULTANT -shall assist the PROJECT MANAGER;in.the = —� rethe aration of: the necessary bidding documents, by preparing- Pp y Bid Proposal and Special Provisions Sections as well..;; modifications to the; CITY'S Standard General -and Special ' Conditions Sections of the non -technical portion of the Specifications, based on the CITY standard formjt An l documents. r ui d" The CONSULTANT shall submit a final eski►nnte 'of — I f >i CONSTRUCTION COST t)ase(I on. the final Construction i*4wl,n 9;� Specifications and. Did;Iing Documents, broken categories and. bid : items. ,.-.The _CONSUI.TA�IT',{S;.Cost Bet�mat g .: - Y fs be„construed as, an infur►ne�i;'poferseional opj.tiion of tz�'apQni�i er t aril ' tj►e •CITY w i l_1 cal y oa i t a s a : ; rsan�nabl a app�roxnat�AfiF� -expert. . P r _ A ' of bids to r be receive;]. If the eat- -►oats `exoa ale thatPRQ + n�� -4 • i V � t- construction budget, the CONSULTANT shall revise the Construction Documents at no additional fee to the CITY as part of baftio professional service& utileas the CIVY approves bn Increasein' th6 budget. e. The CONSULTANT shall submit the final construction contract plans, specifications and bid documents to the. PROJECT I,. MANAGER and/or members of the Technical Committee, for review and approval. f. The CONSULTANT shall conduct and follow up nn 611 necessary dry -run checks of the Construction Drawings ana Specifications in connection with securing approvals and permits from the City of Miami Departments of Building and Zoning `Piro' Planning and Public Works and all other local, state and federal -k goverrunentaI entities, authorities' or departments having { jurisdiction over the PROJECT. 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. Any revisions to the Construction Documents to comply with building code'' anti'' permit requirements shall be made at no additional` fees 'or :costs to the CITY.;trS A 'go The CONSULTANT shall"•see that all Construction Contras"C PIans' " Bear the seal of. a Florida registered profesdional° i architect and/or engineer, as appropriate, and&'that"the,"names=}of the -professionals responsible for major -portions of eachrsepar; specialty of the WOW appear on the Construction'Contxact Plane, Specifications and Bid Documents. h. The CONSULTANT "shall deliver` to the, PROJECT Ad it final reproducible drawings, Specifications and related documents for reproduction by the CITY for,bidding of the- PROJECT i • i. Th"e Construction Document Phase ` shad he'cotnpieted whr r,f£ 'i the,Drawings and �Speci`fi'catfons `'c ave been delivetecl tans { roved''b the " PROJECT 'MANAGER, and/or Technical Commt.ttee„yi � tr* .,...fr.. 21 biddini. 1l drrruaproV#=gamplete:nd "ra�ycy= ;XFrx i een''ohkaine. --'and the''PRO:TLf;T'' s ' _ rr• 95, t 4.. DIObINO Pl ASR! The Bidding phase shall commence upon completion of the Construction Document Phase and receipt of written authorleation to proceed from the PROJECT MANAGP.R. During the Bidding Phase, the CONSULTANT'S activities shall include the followings a. The CONSULTANT shall assist the PROJECT MANAGER if► obtaining bids, awarding and preparing contracts for construction. Ibie phase includes preparation of any addenda, and accompanying drawings or other material as requiredt taking part i in pre -bid conferences; responding to inquiries from prospective bidders and assisting in the evaluation of bids. b. Should the bids exceed the construction budget by''five percent (5%), the CONSULTANT shall revise the Construction Documents as necessary for re -bidding at no additional 'cope to :1 the CITY. c. The Bidding Phase shall be considered completed `-Wijen the CITY executes a Construction Contract for compl8te, construction of the PROJECT. `+ d. If the Bidding Phase has not commenced `wi£thi'n •httg months after the CONSULTANT submits 'the ''final Bidding ,wind i _ - " . S :sK Construction Documents to the PROJECT MANAGER, the BUOGB'1'Ep , CONSTRUCTION COST' shall be adjusted to reflect any change in the .t general level of prices in the construction industry b'etween'.the' date of approval of the Bidding and Construction Documents ;by ttte f PROJECT MANAGER and the date on: which -Bids ` are' advertised Thera 5 .z i shall also apply to changes in the general level of prices. that may result from unanticipated modifications "to'federal state ` and/or local codes and ord inances' 'appl icabl a to' • the PROJECT rzf� occur after the final Bidding and Construction Documents aVi" submitted' tothe `PROJECT"MANAGER. The percentage 'of ad justtaont +, shall be based` on' the` Consumer Price Index for Metro o� itai { t3,cr$s r p �. Bounty; `or''an equivalent readily accepted tcade 'index .4; iol the CITY., 5 . CONSTRUCTION' PHASE i 04r,ng the Construction'' Phase of the 'PROJLC �N 1 the one rUcti'on Contract' fot- the ientira jP(tArJ 'f, and, r+ t; r fir'' J WS Y written authorization from the PROJECT MANAGER the CONSUL' OV8 activities shall include the followings a. The CONSULTANT shall work closely with the PROJECT MANAGER or designated representatives in all stages of construction work. b. The CONSULTANT shall attend regular site meetings and make periodic visits to the site to familiarize itself with the progress and quality of the work to determine that construction is proceeding in accordance with the Contract Documents and to " submit a written report on a basis of his observations after each site visit. Based upon an estimated five (5)-week construction period. CONSULTANT shall make at least five (5) visits per sire• excluding final inspection(s). Based on its observations, the CONSULTANT shall make recommendations on any work that should be corrected and/or rejected. In addition, it shall assist the PROJECT MANAGER in matters related to the Contractor's schedules• However, the CONSULTANT shall not be required to make exhaustive or continuous on -site inspections to check the duality or — quantity of the work. on the basis of such on -site observations the CONSULTANT shall keep the PROJECT MANAGER informed ,of the progress and quality of the work, and shall endeavor to guard the CITY against deficiencies in the work of the Contractor. c. The CONSULTANT shall assist the PROJECT MANAGER; :in matters relating to the interpretation of Contract Documents and sue: in evaluating suggestions which might, be submitted by the Contractor. d. The CONSULTANT shall review and approve or take other appropriate action on the Contractor's submittal of shop` r drawings, product data. and samples and retain a .espy of the � roved shop drawings t3nci samples, for the CITY' approved, P 9 ps recoxd&. 9 ed e. The CONSULTANT shall review test re rta P,xequirPw # the Contract Documents and providethe PROJECT 41WAGER' � }� t written reports. on all., such tests.gr f. 'the CONSULTANT shall. witness all testa as t required -...:.to be witnessed by the Contract,;po00� 10 bA ns�ro r the CITY .with written revorts of, all, .such tas. y IC 4 j S s xtF\ e "kk `r F tt r c n°r 3 � F e g. The CONSUI:PANT shall assist the PROJECT MANAGRR in the .fit. Preparation of bids for fixtures and other related equipment 4 which may be required for the PROJECT. Upon receipt of thebet bids, the CONSULTANT shall assist the PROJECT MANAGER in their evaluation and make recommendations related to the arrival and ? i- installation of said fixtures and equipment.- h. The CONSULTANT shall furnish any additional details or fs information required at the PROJECT site for proper executon'of the WORK and assist in the purchase of long lead items. i. The CONSULTANT shall assist the PROJECT MANAGER in determining the amounts owing to the Contractor based on site `'- observations and in evaluating the Contractor's Applications for y_ Payment. t+ j. The CONSULTANT shall prepare Change Orders for the PROJECT MANAGER'S approval and execution in accordance with the PP Contract Documents and shall have authorityto order minor` changes in the work not involving an adjustment in the Contract. Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. k. During the course of the work the CONSULTANT shall 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, f been submitted and reviewed and shall deliver all such items. to- the PROJECT MANAGER prior to the date of beneficial occupancy. ;f to The CONSULTANT shall furnish to the PROJECT MANAGER within sixty (60) days after completion of the Construction' Phasen' y of the PROJECT, record drawings in the form of the okiginal , „_ reproducible drawinys of the Construction Contract plans,revisied ; j to include 'all changes or modifications' to the design- onmade •'duritc� -} xzB' the Construction' Phase -as recorded by the General Ctractgrrvp the set of'°d�rawings maintained by the Contractor .'at the eien�i'r s updated to 'include allchanges and 'mod iicatons:;'thrQugi►out'deE2�;., construction *of , the PROJECT. r m fte`x sub$tantial `completion, the. CONSUM NT:v pqx a', 'list Hof. . items' fo'r� coreckion anci cl)'ecl� . eAclt item'1 a �.tk", Sz - {{ A` 66tree`tedi, r �E 1 yi'�vr�3f �{ w . IT r.-lp wn-• n /4R.w4AYY�'+Y• J t <`A n. The CITY may elect to have beneficial occupancy of AM use any completed or partially completed portion of the Pkbj9+CT. Such beneficial occupancy shall not be deemed acceptance of work not completed and it shall not relieve the CONSULTANT of any of his responsibilities under the terms of this Agreement. o. At the completion of construction of the PROJECT, the CONSULTANT shall deliver to the PROJECT MANAGER a written report art verifying that to the best of the CONSULTANT's knowledge ' thi PROJECT has been completed in accordance with the approved drawings, specifications and change orders. — p. The CONSULTANT will not be held responsible for the means, method, techniques, sequences or procedures used, or': tot safety precautions and programs in connection with the work performed by the Contractor, but shall immediately report to the PROJECT MANAGER any observations of conditions which in -its judgement would endanger persons or property, or which 'might result -in liabilities to the CITY. q. The Construction Phase - shall be completed when -,-;the, CONSULTANT has delivered the aforesaid verification,`'recbrd drawings and ,the. PROTECT is'accepted by the CITY COMMISSION. t` - CO- ADDITIONAL BASIC PROFESSIONAL SERVICESa sr' 1. The CONSULTANT shall revise the Construction•Docuroeptie} including plans and specifications to reduce the. coot of construction of ;the PROJECT to the final' budgeted or',CITY approved amount for the construction of the PROJECT, ­AU ''the amount of the lowest-acceptable'bid`received by the CITY for the construction of the PROJECT` is five'. (5%) percent" 'or\ more `iti excess 'of the final amount budgeted or approved for -the cost rp the Construction Contract'of -the PROJECT' A 2 Should'' an error or errors in --thes `CQNSUE,TANT's desi'�1six ' y P yf t deer nY=documente-or lane, cause dole in the=eQnstr�clQt}f PROJECT,' and' 'consequently result in delrly. Qf 'tile 01TY t g;,,q a . bene`fidiai occupancy -of the REioJ�CT witl�put cc psr�sat p ' , x 1 damages - from.° the; 0ontractory `' thEe CONSUbTANTS" agxsea` tQ ' tSr additional'.compensation for the crevices rbqu� ted ue Agreement. `during the pec.iod • of. acid del fix, a +?. V ny}a,`` i . _ ... -. ., ... - . , i .. .. •, :..y .. r .. e.. ,Y - .. •.. v. T.s�`6Vx..Y�.T-YKx��i�.: 'S - t ti I 3. Modification, additions# substitutes, alterations and extensions of the existing utilities including but not limited to, electrical, plumbing, and other water service for the scope of: the PROJECT are part of the basic services. D. ADDITIONAL FORK AUTHORISED BY THE CITYt 1. Additional or unforeseen WORK beyond the scope of the PROJECT described herein may only be done by written amendment to this agreement executed by the CITY MANAGER. At the CITY'S option for additional work, the CONSULTANT may be paid an agresdf upon fixed fee or be raid at a rate of two and one half (2.5)� .}. times DIRECT TECHNICAL SALARY EXPENSE for those servicea.. rendered. 2. If any of the following services are required of the - CONSULTANT and cause the CONSULTANT extra expense the CITY=sha11-'' after, authorization and subsequent acceptance of such work, pay the CONSULTANT as specified in subsection D.1. above. a: Revising previously approved program, draw Ingo., and/or specifications to accomplish changes by the PROJECT MANAGER" _ I = unless: such changes are required to bring the :CONSTRUCTION, COSTB, within; the budget as required herein or to meet building or other <. code requirements. b.. Prepare.documents..as.requested by. the,. PROJECT. :MANAGE for additional alternate bids and change orders. s. c. Arranging for the work to.proceed should the contractor default due to a delinquency, substantial breach, insolveney4 death, dissolution or appointment of a receiver for its.assets.Z d. Providing extended contract administration:: ei1 ra 3 observation of construction should . the ac tual construction tlnp� � exceed., the contract construction time and require=maze than 61' k additional, weekly :,mite meetings, due to no fault of thy} CONSULTANT. � _. • Construction contract --.time shall luci� extensions recommended by the CONSULTANT and approved PROJECT MANAGER , unless ' both ' parties agree that the cause iQf tie k� r���>� rN t delay was totally.beyond: the control influene11S'%''��`, s eo In the event that delays not caused by the CONSULTM?# require that WORK In all Phases of the Project, excluding thii Construction Phase, I)e delayed more than ninety (90) days. the CONSULTANT may request nolditional 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 extender) or suspended. SZCTION'IV. SCHEDULE OF WORKS A. CITY staff shall endeavor to complete all functions related to review and approval of the various phases within fifteen (IS) days of receipt of complete submissions. CITY review time shall suspend CONSULTANT's schedule* It is understood and agreed. by. both parties that time is of the essence and the following schedule fortheWORK will be strictly followed by'the CONSULTANT and the CITY. 1. Schematic Design Phase The CONSULTANT shall complete the Schematic Design, Phase within twenty-one (21) days after receipt of written '- , - authorization from the PROJECT MANAGER 'to beginWORKon this Phase'e` iY 2'. :,Design' Development Phase The CONSULTANT shall complete the Design Development. Phase :: within thirty (30)(lays after receipt of written author iati6n, e from the PROJECT MANAGER to begin WORK on th6' Phase. 3* Construction Document"Phase The CONSULTANT Shall complete the Construction umen Phase within sixty (60) days after receipt - of' written ,, .,- authorization' from the PROJECT MANAGER to begin WORKonthis £j �4 4A Phase. `g­ 4 'Bidding Phase 7 z a4 The, Bidding Pliase is anticipated to requiren, n t days $, 'Construction 50 Ph so The" oasti uctiqnPhase will: commence with the, edut the p9netruction. Cont qmplotjm4e',:,w Contract and shall, be c _111`� iti6na:: indicated d In SRCTIOO�ji,T. On-nave- beenjqq %i . . . . . . . . . . a;^ a. In the event the CONSULTANT is unable to. meet the &bOVO schedule, or complete the above services because of deYayi resulting from Acts of clod or untimely review and approval. by the CITY and other governmental authorities having jurisdiction oV-Sr = the PROJECT, and such delays are not caused by the CONSULTANTo the PROJECT MANAGER shall grant a reasonable extension of tifte .for completion of the WORK. It shall he the responsibility -of the CONSULTANT to notify the PROJECT MANAGER promptly in writing — whenever a delay in approval by any governmental agency AS' -k. - anticipated or experienced, and to inform the PROJECT MANAGER Of all facts and details related to the delay. ` SECTION V. CITY'S SERVICES AND RESPONSIBILITIES CITY shall furnish CONSULTANT with the following services information from existing CITY records and CITY Filess tl _ A. CITY shall provide information regarding its, knowq r requirements for the PROJECT. <- Be CITY shall furnish, as available, a certified land survey. of z`E,a thesite giving, as applicable, grades -,and lines -of streets Alleys, pavements and, adjoining propertyt rights of .way. gut restrictions, easements. utilities,: trees, .encroachmentt3, + zoning.. deed restrictions, boundar Les, and contours: of ,ttie sites locations, dimensions and date from -existing :recor-de —' on file in the , Department of. Public ,Works_ of CITY. pertain to the existing Park and other improvements; and information yg' concerning available service and utility lines . both publte _ _ } ly and, private, if required. CONSULTANT shall, not ,.be held {11_. responsible for the, completeness. or ° accuracy _ Department of Public Works' files. C. If the CITY PROJECT MANAGER and/or the PROJF.CT, INS;nCTOW� �f .� observes or, ::has . been notified in writing of any Fault ,y defect. in the PROJ�:�T- or.. noncat��Qrill. V►i, h the Cnn m!Rtr 4 ` Doqutlterltgo; prompt written. n_ oti!c thereof a ,a 1 , {. t t the t COt�SU4'PANT . y , A; * }'.7 J w d p� .17 D. Upon request by CONSULTANT, CITY shall do all reprodde Lb a; ', and binding of the bidding acid construction sets of the drawings anti specifications. CITY shall loan all existing and applicable CITY aerial photographs to the CONSULTANT, E. The City shall appoint a PROJECT MANAGER to act as libis6ft between CITY and CONSULTANT, anti CONSULTANT shall not start .a work nor incur any expenses for any Phase of the WORK special conditions or change orders without having retarded t authoritation from CITY'S PROJECT MANAGER to do so. Nothing contained herein shall relieve CONSULTANT of bny responsibility as provided under this Agreement. .:Y F. CITY shall furnish all required testing necessary for.: the PROJECT including core borings, test pits, structurali mechanical, chemical, soil, and mill and laboratory tests,.i the services of a soils engineer or other special consultants when deemed necessary by CONSULTANT and CITYI and 'CONSULTANT shall be entitled` to rely upon the accuracy,-'::,.. completeness, and competence thereof. Ge CITY reserves the right to retain the services of ' Professional Ouantity Surveyor to prepare Detailed Construction -Cost Estimates based upon' ' the `Design Development Documents and the Construction ` Documen"t . _ 7` El. The services, information, surveys and `reports 'required f shall be furnished at the CITY's expense anti the `,CONSULTANT,, y shall be entitled to rely upon the accuracy and completeness thereof. I. The CITY shall furnish required information and shall render }, approvals and decisions as expeditiously as necessary for rt the orderly progress of the CONSULTANT's services and of tle tJ� WORK. k tt f P E rtirggYtS. SECTION VI. CONPENSATION:' r; A. 06e1c Professional and Technical fr Services eest For all pro fessiona). and- technical ' services requixeci t4 comp�:el the PROJEM, as�outlined in: SECTION III her of the IO T w i ` to:pay, and the CONSULTANT agrees to accept, s $rfj4Xl3, PkI i l u i GY Wj,•• r kt Jf �� 1� i�lii'1 Yt.v 7 i R for his services the FEE of Sixty Dollars ($39,36o,00). B._ _ Invoicing and Payment CONSULTANT shall submit itemized invoices to CITY indicating the type of services performed, the personnel responsible and the hours worked. Payment will he made monthly, or by Phase. 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 FEEs Phase 1. Schematic Design 2. Design Development 3. Construction Documents 4. Bidding 5. Construction TOTAL Percentage Accumulated of Fee Payment Palnents 15% $ 3,750 $ 3050 25% 6,250 100000 40% 10,000 20, 008 5% 1,250 21,250 15% 3,750 25,000, 100% $25-,000 , .: C Advance Payment Upon commencement the work under this Agreement,' CONSULTANT:'mey receive an advance payment or draw not to exceed 8$ of the total _ r; FEE, upon written request to thePROJECT 'MANAGER,!and approval Of } same by the Minority and Women's Business -Affairs Officer,.'and by — the Directors of the Departments of Public,Works and 'Parks, Recreation and Public`Faci.lities. Such advance shall tie deduced ® from future payments to CONSULTANT- in four equal, installments beginning with payments for the second -Phase. r D-Reimburseable Expense- z s ® The • CONSULTANT 'shall be compensated for, certain' PROJECT=releted t _ t expenditures' not' covered by the,DIRECT TECHNICAL• SALEX ARY QENB��,n ZU provided such expenditures ` are previously authorized hj►{ktil�Rit ,, PROJECT MANAGER. Y E.= Additional Work Ad4it jonal { WORK 'approved by: thee, PRO►IECT `• MANAGER ° st rovided under ',LSECTION!11 I g y x q . � • 27 _j i C 5 `{� .J �' ��__ .Gt,*�`�TJ¢� r �� i a>i3 "fir ��{•I i s r 4 .i wry.... ,: 1t •, ___ .._ t �h+.h:FfIfiYt n.MA+w�Mc+.R i Vl SAl�nk.'�. . L CoSULVA iT18 SPECIALISM to CON91JLTANT proposes to have the 0116W11" 3, either froin its organization of as its CoNSULTMft :yes to perform the servicen indicatedt L. Landscape Architectural 2. _ electrical/Mechanical Engineering 34 Civil 8ngineering 4. Construction Administration 5. Cost Estimating D. Selection of the CONSULTANT by the Competitive Selection Committee, authorization to negotiate and approval of this i AGREEMENT by the City Commission was based, in part; on the qualifications and expertise of the following engineering fir-OSO -j proposed as the designated SPECIALISTS: Maurice Gray Associates*. ►`' Inc., civil engineering, and Emilio J. Hospital Associates, mechanical and electrical engineering. C. The CONSULTANT shall negotiate a fair and eduitabls agreement with each of the designated SPECIALISTS and furnish the L PROJECT MANAGER with a copy -of each sub -contract -agreement in . timely manner. The CONSULTANT may choose additional SPECIALISTS; L for which prior written,approval O a` P PProval from the PROJECT MANAGER must be, obtained, but shall not exclude, those originally designate$ without the prior written approval of. the :PROJECT MANAGER..; i :A D. The CONSULTANT shall be responsible for all the work o! �_ its organization, and that of its CONSULTANTS or SPECIALISTS. Nothing contained in this Agreement shall create any conteact"X relationship between any of the CONSULTANTS and/or. SPECIALIST8 >+ r working For the`CONSULTANT,-and the CITY. It shall be'underetaod that the CONSULTANT is no way relieved of any responsibility w', under the terms of this Agreement by, virtue of arty oher'' .•. ':' ':. '`.- .. ., .. i�. .., '.'.L ',' t S .: t i �` i` � A. 'J `W F' 'y}F� 'l'�d � __..� ''professional who may associate with him in performirtc� titre yQRIC�' #.'° t � ; SECTION VIII.(• 'GEN RAL C D 74� + A. Ail notices or-other.commu�icat:ions W-14 h ,s c � Olcnr L be given pursuant to th f.`s Agreement shall he r} txirrSh y r y y { is r �x}w - r y s 71 a e be delivered by pecsonl serv�.ce, rar b mad, Av�i rj fir = 3 }q N r . -- .v x p; xS< - , '; i�k-<...,.,µa a ..�' m-it u,a..•.T^.ty k. a, Othdr party at the address indicated herein or As the same -May bb changed from time trj time. Such notice shall be deemed given bn the day on which nerautialty served; or, It by mail, on the day after being posted or the date of actual receipt, whichsVbr is earlier. CITY OF MIAMI CONSULTANT Project Manager Laura Llerena and AssociatiU# [public Works Department Inc. P.O. Box 330700 6401 SW 87 Avenue #108 Miami, Florida 33233 Miami, Florida 33173 and Parka, Recreation and Public I Facilities Department 1390 NW 7th Street i Miami, Florida 33125 B. Title and paragraph headings are for convenient I 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 in this Agreement shall control., 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 by an authorized signatory. Y 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 United States, State of Florida, Dade County or the City of Miami, such proviaior�s, paragraphs, sentences, words or phrases shall. he deemed modifLod to the extent necessary.in order to conform with such lawso;piP " r not modifiable to conform with such laws, ;,then same shall be a}sue°N`' r� deemed severable, and in either event, the remaining terms 4nAJ +dtf"$" provision of this Agreement shall remain unmodified and.n €�.� Y force rand effect. t ��W G 3 a SECTION IX. OWNERSHIP OF DOCUMBNTBt l s 4 kyy All documents developed by the,40NSLli+TAN'f un�e,4 t af3gpZ� A reement shall• be d•�1 h'?` —„ ivered to PROJf0C 5 i r t' Y q ki ,n-'b `,Rf✓i} ,�ayjt'}y{,�t'-h'C'r� ��ts}g„r�� lw=- :.,.,.. .. dr. ,.., ,r--:�• .. ... ,__ .' i< _ — CONSULTANT upon completion of the services required pursuant t� SECTION III and shall become the property of CITY. The CONSULTANT agrees that all documents maintained and generated pursuant ;to this r_ontractual relationship between CITY and CONSULTANTshall, be subject to all provisions of the Public Records Law$ Chapter 119, Plorida Statutes. "- The CITY reserves the right to reuse for follow - UP construction project(s) and/or for project(s)'not related to this AGREEMENT all Plans, Specifications and other documents produced -- by the CONSULTANT under the terms of, this AGREEMENT. Should:"the J CITY elect to reuse such Plans, Specifications, or other- i documents, the CITY, prior to such reuse, shall remove the. CONSULTANT'S name and seal from said Contract Documental and the. CONSULTANT shall be fully relieved from any professional, ; liability, in connection therewith. The CONSULTANT shall not: be entitled to any compensation for such reuse unless agreed:;to..by z xR the CITY. It is further understood by. and between the, parties, that any %if i information,. writings, mapse contract, documents, reports or anyT: other matter whatsoever which are 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 pgrpOse �n Lr whatsoever without the written consent of CITY.i} SECTION X. NON-DELEGADILITYt {f ' The CITY is relying upon the CONSULTANTS unique profess.on�t.. '`- :; t a' 4 expertise in the performance of its services. The obligations undertaken b the CONSULTANT y pursuant to this Agreement shall not , s s;4 T s 5' d be, delegated or assigned; to any other person or ..firm unless CITY shall first, consent in writing to " the erforjance age igran en4,o , such.ic . serv:e :or .my,:.part thereof by -ano ,her p�)C�q r ;z �G��., x+ SECTION» H . AUDIT- RIGHTS; x � fha t } Thee .CITX reserves . tltie right: to, audit and•ire�►iew th1�� '� Qr:O ,K�V of :' ti�ew CgNSIJLTANT• including but not limi keci t+ bf.11in e s µG TAJ [fix �'�4 y � n y vy, fl payment documents and tune sheets or records, at any, time during the ,performance of this Agreement and for a period of one year after final payment is made under this Agreements The CONSULTANT shall keep and maintain its records in Dade County, Florida during the operable term of this Agreement and section. SECTION XII. CONFLICT OF INTEREST% —, A. CONSULTANT covenants that no person.uneler its employ who presently exercises any function or responsibility in connection with this Agreement has any personal financial interests, direct or, indirect, with CITY, except as permitted pursuant to this Agreement. CONSULTANT further covenants that in the performance , of this Agreement no person having a conflicting interest shall be employed. Any sunch interest on the part of CONSULTANT or its —I employees shall 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,)$i Dade County Florida (Dade County Code Section; 2-11.1) and the State of Florida, and agrees that it shall fully comply in all 1 respects., with the terms of said laws. SECTION XIII. AWARD .OF. ACREBMBNT% ns — The CONSULTANT warrants that it has not employed or retaiged any person employed by the CITY to solicit -,MEN or. , ,secure this Agreement and.that it has:not offered to pay, paid, or agreed 7to .pay any person employed ;by the. CITY any., fee, commission, percentage, brokerage fee, or gift of any kind contingent;_upon,or f resulting from the award -of this Agreement. —` The CONSULTANT shall : not:,engage during tl)e., period cot t11A f Agreement ,'the services., of any. : professional -or ;technical who has at any time during the.,periof this Agcee�genythneRn��°h' ` a the em1QX .of the CITY. { SECTION XIY. CONSTRUCTION OP AGREEMBNT� f ft This .Agreement shall be construed, and enfo�cesd acc+�r+�l�►g the laws of t)ie Statn of Plo J■ s■Qri�la.' 5,1 ? Y� l f , - Y w 23 a r. r szn E t S J �- 8"tom XV. SUCCRasok$ hND ASSIGNS: This Agreement shall be binding upon the parties here fii their heirs, executors, legal representatives, successors, b1R! duly approved assigns, SECTION XVI. INDEMNIFICATIONS , The CONSULTANT shall indemnify and save the CITY, •ft officials, employees, agentet and authorized represe'ntiti'vss _ harmless from any and all claims, liability, tosses and causes'ok action, in contract or in tort, in law or in equity, which may s �z arise out of` performance of this AGREEMENT as a result of any , error, omission or negligent act, unless such act is caused"by,an 4' employee, agent or authorized representative of the CITY.` Ths CONSULTANT shall pay all costs from and against any orders$Y- judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation ther-ieoif 21, SECTION XVII. INSURANCE: Tt - The CONSULTANT shall not commence WORK'on ' this" Agreement 7 .. ._ ... until it has obtained all insurance required under this; pars {rah 9 P F ff— and such insurance has been approved by the CITY. c f a. The Certificates of Insurance furnished to the CITY Insurance Manager and PROJECT MANAGER 9 prior to the commencement ® of operations, shall clearlyindicate that hat the 'CONSULTANT has Ct obtained insurance in the type, amount and '` classification F as M �` >, required for strict compliance with this'Paragraph, and that noFit- material change or cancellation 'of insurance shall . be ` effective' pp, without' thirty `C3,0) days written notice 'to', the CITY. � Compliance with these requirements shat'1 not rQlieYe jjte4Ft # CONSULTANT of its -liab, V ty "and obligAttorle under this Sect#ot► �77'.�.,-R- - any portion 'of 'this 'A ee�ieiik. k The CONSULTANT` shalt mainkai.n during t1�� ksrgt �tf`tt�1s� M'e6ement' the foI lowing lisuri�nce'; } r r! s � t y - k'• d c�, t 3 ni r 4 "gyp ,� n _ Professional. Liability Insurance in the minimum amount Of '; 5Q1©�0t3t covering all liability arising out of .the terra .of. ' this Agreement. Subconsultants (CONSULTANT`S SPECIALISTS) shall provide liability coverage to the extent of :their responsibilities under this Agreement. ALL insurance policies shall be issued by companies, authorized to do business under the laws of the State of Florida f and shall be rated by A.M. Bests' Key Rating Guide (latest edition) in a manner acceptable to the CITY, preferably, A%V-or better and which are approved according to CITY specifications. ;s �H 1� SECTION XVIII. TERMINATION OF AGREEMENT: 12- A. The CITY retains the right to terminate this Agreement at any time prior to completion of the WORK without penalty to the Y, CITY. In that event, termination of this Agreement shall:bein writing to the -CONSULTANT and the CONSULTANT shah, be paid for r services rendered in each completed Phase prior to _termination:. in accordance with SECTION IV COMPENSATION, provided, however.tbe termination of this Agreement occurs during ,an incomplete;phaseg then the CONSULTANT, shalt be paid at the: rate of; two ve igt fi�` 2.5.times the DIRECT TECHNICAL SALARY EXPENSE. for those services rendered in such incompLete Phase provided, that the CONSULTANT is not_ -in default under, the terms of this Agreement. In no cases + . r ,an �3 '' —. however, will. the CITY pay the a realer amount;fo `= incomplete Phase than would have been Paid had the termination 1 � been made at the completion of the Phase. < A. - In; the event of termination for'3r,y reason, all; documents, including plane, etc., as set forth in SECTION VI I OWNERSIIIR,'OF DOCUMENTS shall become the property of the CITY, with the same ';. provision$.of,,.use as set forth. therein. e ,?F6hxi '.r . SECTION ' XIX. RIGHT OF. DECISIONS; yi,20 v r5. _te�ONSULAll,.serLs�►e" r'ska +, satisfaction of" Ilse E'R0.1CT MANAGER. who shah. decide1iir2i. y - , S , }7� .:..wi•' +4Y t I t M S y a s . quest_ one,> difficulties and., 4iplautea of whatever mature which X r f , �w aZx rias >un4Aec Qr by `reason of this A�reemsnt, ,�li rowecut t� s x�} r 2- ' rkdrFlE�t�dk�.� r t 1e 195 ' r .v Lq fulfillment of title services hereunder, and the +cli ;. quality, Amount, and value thereof, antl the PROJECT N decisions upon all claima# questions of fact, and dieput ha Eina1 . r%^nh7a2aitrim .anA 1%4nrl4nr2 st"ewn a -Visa nartiae )tier-asf- such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the "- PROJECT MANAGER as to any decision made. the CONSULTANT shall a advise the PROJECT MANAGER of it's non -concurrence and'objeetion in writing, present his written objection to the CITY MANAGER, subsequent to advising the PROJECT MANAGER of his intention to do so; and the PROJECT MANAGER and the CONSULTANT shall abide by the decision of the CITY MANAGER. Adjustment of compensation and contract time because of changes in the WORK that' nay`.be ' necessary or be deemed desirable as the WORK progresses, shall `be reviewed by the PROJECT MANAGER and the CITY MANAGER:, and — submitted.to.the City Commission for approval, if necessary. SECTION XX. NON-DISCRIMINATIONt A. The CONSULTANT will not discriminate: against :any.- employee ,or ,applicant for employment because .of S,handieap, color, religion,• .sex or. national origin. In .. the'even t.;of th' rf CONSULTANT's non-compliance with this '- =Section�of this ,contraat� this7 contract may be cancelled or terminated'; or,"'suspended ct .whale or in part and the CONSULTANT maybe`declared 4neli3ble for further CITY contracts. 8. The CONSULTANT will, in all' - solicitations 'or .- 'E` Advertisements for employees placed by or on behalf of 'the CONSULTANT, state ` that all qualified, 'applicants will' r6cI L, consideration for employment without regard to. ha' tv ican, . racq, color, religion, sex or national origin. SBCTZON. XXIINDEPENDENT'! CONTRACTORz The CONSULTANT, its employees, agents and speciali$ka; e+al ty; be deemed to be ineiependsat contrast+are. and not ;agents ;Q at �� employees of the CITY, +an4- shalt not attain any ric 11CA Q r ,afire baneflt0 , under the;: Civil Service or. Ponsion prdinon�e}� w or any rights gonerilly afforded classified or unclassified employees; further it shall not he deemed entitled to the P16rida Worker'a Compensation benefits as an employee of CITY. SECTION XXII. HINORITY PROCURENENT COMPLIANCES The CONSULTANT acknowledges that it has been furnished'`t copy of Ordinance No. 101062, The Minority and Women business Affairs and Procurement Ordinance of the City of Miami, and - agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. SECTION XXIII. CONTINGENCY CLAUSE• �. Funding for this Agreement is contingent on the availability of funds and is subject to amendment or termination due to lack k of funds, or authorization, reduction of funds, and/or change in - regulations or program. SECTION XXIV. DEFAULT PROVISIONS In the event that the CONSULTANT shall fail to com 1 Y.... with P _y each and every term and condition of this :Agreement or fails,to perform any of the terms and conditions contained herein, then ;a the. CITY, at its sole option, upon written notice to;,th." - CONSULTANT. may cancel and terminate this Agreement, and all P, — r 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, provided the CONSULTANT was given the opportunity to cure such default and fails to do so within fifteen (15) days of receipt of ri i-} official notice. ' SECTION XXV., CONSTRUCTION OF AGREE"x~ ,EMNT •t 'ray � This Agreement shall be construed and enforced acco'rniPC Q the-,lawtl of -',the State o f. Clorida. z' , Y a r 011 r5�rar�ar - 11 rill., �gs!wet i - {� { COMPLUNC9_ 01 LAWS l�EQ'PiOli._..XXVi. t i both parties allall comply with all applicable lawa, ordinances and axles of federal., state and local governements. • SECTION XXV1'I. ENTIRE AGREEMENT! r This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said project"&M correctly sets forth the rights, dutieRs and obligations of eaah`" SECTION XXVIII. AMENDMENTSs >�a No amendments to this Agreement shall be binding on either 3 party unless in writing and signed by both parties. ' n IN WITNESS WHEREOF, the parties hereto have caused' this instrument to be executed by the respective officials "thereunto .. duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of ATTESTS - Florida By MATTY 11IRAI _ CESAR" H. ODIO:. .. City Clerk City Manager f>: z, CONSULTANTs Laura Lierena and r' ATTEST: _ Associates Inc.,, a Florida: for. profit corporation.: — By k, Corporate Secretary Laura Llerena, President S Federal Employer ID f f (affix Corporate Seal) APPROVED AS TO INSURANCE APPROVED AS TO FORM AND — REOUIREMENTSt CORRECTNESS:{ Segundo. Perez, JORGE L. FERNANDEW. Insurance Manager Attorney City APPROVED AS TO` DEPARTMENTAL REQUIREMENTS; y Alberto. Ruder, Director .: r' ,. i - x Parks, :Rscreatio' n and Public t � §!K 4 FaQilities [impartment f x xs r•.,7,,, ' .,. r �P t,YP� y, t e t , CORPOPATS ABSOLUTION F • '. WHEREAS, Laura Llerena and Associates* Inc. desires to enter i, into an Agreement with the City of Niami; and ' WHEREAS# the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the by-laws':,d of the corporation; r„ =fir 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 4 the -proposed -contract to which this resolution is attached. r" x DATED `this'. day of 1989. CHAIRPERSON .OF THE .BOARO:OF DIREC'1"ORB�. (SEAL) SECRETARY ; ° t h y% Kill, h�R ``11fk41L6 }y'M`�f i1 K Pi'aE^i 4 l k '1 ��=�.•l t. l-t tXX y� i t i Y� dF •L' 3 . K L gyyp A _ cx. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members _ QQQ� FILE DATE : F E B 2 .f 19Y17 of the City Commission SUBJECT Resolution to Approve Contrac4 Design Consultant for Irrigat! Systems at Grapeland, Hadley-`'; FROM : REFERENCES4Lnd Morningside Parks Cesar H. Odio, City Manager ENCLOSURES MCOI'1QlUDATIO's t " It is,'- respectfully recommended that tlie City Commission•.adopt t a``ttached, resolution authorizing,, the pity : Manager:" to ;. ;execute ;an agreement,`in the substantially`attached forni,`with Laura Llerena and Associates, Inc. for professional design consultant.services Morn side for Irrigation Systems at Grapeland, Hadley and 9 Parks. The resolution would further. allocate.funds in 'the amount r ;; of $25000 for design fees' from.... the Capital Improvement.Project No. 331338, entitled~"Citywide Irrigation Projects'.'. BAMGROODID a - t The Department of Parks. Recreation and Public `Facilities has prepared the attached legislation which authorizes -the, -,.design work for Irrigation Systems at Grapeland,`Hadley :and Morningside Parks. Total funding appropriated for `this work i $328,H0RJ which includes design, project and administrative costa, installation/construction, and contingencies. Pursuant to public notice requesting proposals,, and after a lengthy competitive selection process, the design: team of?1AuXa Llerena and Associates, Inc., as prime consultant,. and Maurice Gray and Associates and Emilio J. Hospital Associates as.,,; - 'Gray was ranked first by the,Sell action Committee —' later by the City; Manager for this .projact. ` Such ranking was *u then approved by the City Commission by•Ressolution No. 88-7+4 J�a adopted August 8, 1988, ,which further.. authorized City Managex�.,o . negotiate with the top -ranked design :professionals for _.th+a b+ee+sd 3 services.{`� These .,negotiations ark now, complete, -and:';,the attachaci sae► 1 data a, the terms and :'conditions . for the perfQx�tanoe < 01 required d design . consultant :services :The • : contraot l.a` Landscape architectural sarviCoo primar.ly, wIr}iokw`,, , b augmented ; b tw engineering set f the sylb-.0oR044. ROL�►t needed. The;, ,consultant wiLi perfor tine.' foLi9 '�'"_ r Submit pert�.nent design documents at the ed bsa��-. Spec, bxd ass .stanca!} .tesigndo's deveLopmen, :. Atrn�msohe�ftcations7ra t 1 �