HomeMy WebLinkAboutR-87-0195J-87-193
2/17/87
RESOLUTION N0_--`
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NEGOTIATED AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
CITY OF MIAMI AND WALLACE, ROBERTS &
TODD/WRT, INC., IN THE AMOUNT OF $40,000.00
FOR PROFESSIONAL SERVICES RELATED TO THE
DESIGN OF PEDESTRIAN MALLS IN SOUTHEAST
OVERTOWN/PARK WEST, WITH MONIES THEREFOR
ALLOCATED FROM PROJECT NO. 322029 "S.E.
OVERTOWN/PARK WEST REDEVELOPMENT -PHASE I" AS
APPROPRIATED IN CAPITAL IMPROVEMENT ORDINANCE
NO. 10187.
WHEREAS, the City Commission approved in principle the
Southeast Overtown/Park West Community Redevelopment Plan,
Resolution No. 82-755; and
WHEREAS, the City Commission adopted the Capital Improvement
Ordinance No. 10187 on December 11, 1986 and monies are available
for the proposed amount of the negotiated agreement under Project
No. 322029 of said Ordinance;
WHEREAS, the City Commission approved in principle Design
Standards and Guidelines For The Southeast Overtown/Park West
Redevelopment Project, Resolution No. 85-313; and
WHEREAS, in the Design Standards and Guidelines For The
Southeast Overtown/Park West Redevelopment Project two (2)
pedestrian malls are proposed; and
WHEREAS, the two (2) pedestrian malls proposed to be created
on Seventh and Ninth Streets are the predominant public
improvements that are to provide identity, unity and a central
space for the Redevelopment Project; and
WHEREAS, private development proposals have been reviewed
and recommended for Phase I, of which eight (8) proposed
developments have frontages on Seventh and Ninth Streets; and
WHEREAS, specific designs for the Seventh and Ninth Street
Malls need to be produced prior to completion of construction
plans for fronting private developments; and
CITY COMMISSION
MEETING OF
FEB 26 1987
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WHEREAS, the City Commission authorized the City Manager to
prepare and issue a Request For Proposals for professional design
services and allocated $40,000 from Capital Improvements Project
funds for pedestrian mall design (Resolution No. 85-400); and
WHEREAS, the City, through public advertisement and direct
mailing, solicited expressions of interest from qualified
consultants; and
WHEREAS, a Certification Committee and Competitive Selection
Committee, appointed by the City Manager, evaluated the
qualifications of those firms who responded to the City's Request
for Proposals, and selected the firms most qualified to provide
professional architectural, landscape architectural and
engineering services for this project, all in accordance with the
Competitive Negotiations Act as defined in Florida Statutes,
Chapter 287.055, the City of Miami Ordinances No. 9572 and No.
10062, and Section 18-52.3 of the City Code for the acquisition of
professional services; and
WHEREAS, the City Commission, by Resolution No. 86-907 on
November 13, 1986) approved the Competitive Selection Committee's
recommendation of the firm most qualified to provide, along with
its consultants, professional architectural, landscape
architectural and engineering services related to the design of
Pedestrian Malls in Southeast Overtown/Park West; and
WHEREAS, the Agreement, in a form acceptable to the City
Attorney, between the City of Miami and Wallace Roberts &
Todd/WRT, Inc., was negotiated in a fair and reasonable manner;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
the negotiated agreement, in a form acceptable to the City
Attorney, between the City of Miami and Wallace, Roberts &
Todd/WRT, Inc., to provide professional services related to the
design of Pedestrian Malls in Southeast Overtown/Park West.
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Section 2. The amount of $40,000 is hereby allocated from
Project No. 322029, entitled "Southeast Overtown/Park West,
Redevelopment Project -Phase I." as appropriated in Capital
Improvement Ordinance No. 10187 to cover the costs of said
services.
PASSED AND ADOPTED this 26th
ATTEST:
6
FINANCIAL UVIEW & APPROVAL:
CARLOS GWRNA, UIRECTU-
v�
BUDGETARY REVIEW & APPROVAL:
A&?�
MAROH "r 1) 1 REG TUT_
PREPARED AND APPROVED BY:
APPROV TO FORM AND CORRECTNESS:
0 ERTY, CITY ATTORNEY
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day of February , 1987.
PLANNING REVIEW & APPROVAL:
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TO:
FROM:
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and GATE: DEB V 87 FILE:
Members of the City Commission
1
Cesar H. Odio
City Manager
RECOMMENDATION:
SUBJECT, Wallace, Roberts A Todd/
WRT, Inc., - Southeast
Overtown/Park West
REFERENCES:
For City Commission
ENCLOSURES: Meeting of 2/26/87
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute the
negotiated agreement, in a form acceptable to the City Attorney,
with Wallace, Roberts, & Todd/WRT, Inc., in the amount of
$40,000.00 to provide professional architectural and landscape
architectural services related to the design of Pedestrian Malls
in Southeast Overtown/Park West Project. Resolution No. 86-907,
authorized the City Manager to negotiate a contract with WRT, Inc.
BACKGROUND:
The Department of Development supports the above recommendation
because it recognizes that the creation of Pedestrian Malls in the
Southeast Overtown/Park West Project will provide identity and
unity to this area.
On April 11, 1985 by Resolution No. 85-400, the City Commission
designated as a Category "B" project, the creation of Pedestrian
Malls in Southeast Overtown/Park West.
The City Commission adopted Ordinance No. 10187 on December 11,
1986 which appropriated funds to project No. 322029, entitled
Southeast Overtown/Park West Redevelopment Project -Phase I.
In accordance with Florida Statutes, Chapter 287.055, City of
Miami Code, Section 18-52.3 and City of Miami Ordinances No. 9572
and No. 10062 advertisements to request proposals for professional
design services were published in newspapers; the Certification
Committee and the Competitive Selection Committee appointed by the
City Manager, evaluated the qualifications of those firms which
responded and selected the firms most qualified to provide the
professionals architectural, landscape architectural and
engineering services required for this project.
V: .
Honorable Mayor and Members
of the City Commission
Resolution No. 86-907 authorized the City Manager to negotiate a
contract with WRT, Inc. and to bring it back before the City
Commission for ratification.
CHO/MP/es
Attachments:
Proposed Resolution
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& 6` DRAFT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made this day of , 1987, by
and between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY",) and
WRT, Inc, a for profit corporation of the State of Florida
(hereinafter referred to as the "CONSULTANT").
RECITAL
WHEREAS, the CITY proposes to create two pedestrian Malls at
N.W. 7th and N.W. 9th Streets improvements which will provide
identity, unity and a central space for the Southeast
Overtown/Park West area; and
WHEREAS, the CITY desires to engage an architectural firm to
render the necessary professional and technical services for the
planning, design and construction consultation upon the terms,
conditions and provisions hereinafter set forth; and
WHEREAS, by Resolution No. 85-400, passed and adopted on
April 11, 1985, the City Commission approved the designation of
th'e planning and design services for the creation of two
Pedestrian Malls in Southeast Overtown/Park West as a Category
" B " Project and appointed Herbert J. Bailey, Assistant City
Manager, as Chairman of the Competitive Selection Committee in
accordance with Ordinance No. 8965; and
WHEREAS, the City, through public advertisement and direct
mailing, solicited expressions of interest from qualified
consultants; and
WHEREAS, the Competitive Selection Committee solicited
expressions of interest from qualified consultants, evaluated the
qualifications
of those firms
who responded
to its inquiry, and
then selected
the firms most
qualified to
provide professional
architectural,
engineering
and planning
services for the
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all in accordance with
the Competitive Negotiations Act as defined in Florida Statutes,
Chapter 287 and in City of Miami Code, Chapter 18-52.2 for the
acquisition of professional services; and
WHEREAS, the City Commission has by Resolution No.
dated approved the selection of
as the most qualified firm
to provide professional architectural services for the
and has also authorized the City Manager
to negotiate an Agreement with it for the professional and
technical services required.
NOW, THEREFORE, in consideration of the covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties understand and agree
as follows:
SECTION I DEFINITIONS:
A.
B.
CITY
- is hereby defined
as the City
of
Miami,
Florida.
C.
CITY
MANAGER - is hereby
defined as
the
C i ty
Manager of
the CITY.
D. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but it
shall not include CONSULTANT fees, the Special Consultants and
Presentation Allowance or the cost of any survey, legal, finance,
administration or similar services and land acquisition furnished
by the CITY or any cost of furniture, furnishings or unattached
equipment purchased by the CITY.
E. CONSULTANT - is hereby defined as
together with
all the firms identified as members of the selected design team
designated in SECTION V.
F. DAYS - are hereby defined as calendar days unless
otherwise specified.
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G. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
the hourly cost of salaries of principals and employees directly
engaged on the PROJECT and the cost of those mandatory and
customary benefits such as statuary employee benefits, insurance,
sick holidays, pensions, vacations and similar benefits but not
including bonuses or profit sharing. The salary and benefits
claimed shall be substantiated by the CONSULTANT's accounting
records and shall not exceed forty dollars ($40) per hour for
CONSULTANT'S Principals' salary and twenty-eight (28) percent for
benefits.
H. FEE - is hereby defined as the amount of money the CITY
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 III.
I. ART WORK - is hereby defined as the art work to be
provided based on the scope of the PROJECT as set forth in City
Ordinance No. 8227, and Dade County Ordinance No. 73-77.
J. PROJECT - is hereby defined as
K. PROJECT INSPECTOR - is hereby defined as the Inspector
of the PROJECT designated by the CITY.
L. PROJECT MANAGER - is hereby defined as the Manager of
the PROJECT for the CITY.
M. SPECIAL CONSULTANTS AND PRESENTATION ALLnWANr.F _ ie
hereby defined as the amount of money established by the CITY to
cover costs associated with rendering, printing, related
presentation services and material, and Professional and
Technical services, related to the WORK, but other than that
provided by the CONSULTANT.
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N.
N. WORK - is hereby defined as all the professional and
technical services to be rendered or provided by the CONSULTANT
for the PROJECT, as described in SECTION III.
SECTION- II GENERAL:
A. The CONSULTANT and the CITY are fully aware of the
Schedule of Work requirements as defined under SECTION III and
will therefore proceed with all diligence to carry out the WORK.
The CONSULTANT shall proceed with all applicable dispatch in a
sound, economical, efficient and professional manner, and shall
comply with the provisions of all applicable Federal, State and
Local Codes, Ordinances and Laws.
B. The CONSULTANT shall perform the professional services
as hereinafter set forth and in general accordance with the
instructions of the CITY.
C. The CITY and/or has budgeted the amount of
for the total cost of the PROJECT, as follows:
1. $ For design services, including:
a. $ Fee for the CONSULTANT
b. $ SPECIAL CONSULTANTS AND PRESENTATION
ALLOWANCE.
2. $ Allowance for PROJECT Costs, associated with
bidding and construction administration, to be used on the basis
of actual expenditures.
3. S For CONSTRUCTION COST of the PROJECT to
include a min. 10% Construction Contingency.
4. S Allowance for overall PROJECT contingencies.
SECTION III PROFESSIONAL SERVICES:
The CONSULTANT shall provide complete drawings, plans,
specifications and related bid and construction documents
required to complete the PROJECT. Basic services consist of five
phases described herein and include architectural and
structural, mechanical, and electrical engineering services with
related specialties such as
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The CITYIs review and approval of the WORK will relate only
to overall compliance with the general requirements of the
PROJECT and whenever the term "Approval by the CITY" or like term
is used in this Agreement; the phraseology shall in no way
relieve the CONSULTANT from any duties or responsibilities under
the terms of this Agreement and from using the best professional
architectural; engineering; interior design and any other
necessary services and practices.
The CONSULTANT and its Specialists shall; throughout the
course of this PROJECT, particularly in the initial design
stages, work along with the CITY; with members designated
representatives of
The CONSULTANT and its Specialists shall be prepared with
the appropriate documents to attend; and participate in; along
with the PROJECT MANAGER;various public meetings.,as appropriate
during the course of the PROJECT. Prior to all meetings the
CONSULTANT shall confer with the PROJECT MANAGER and related.
staff to review and approve all documents presented to the
public. These meetings shall include but not be limited to the
following:
a. for review and/or approval; discussion; of various
aspects of the PROJECT.
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and/or approval
b. The Miami City Commission for review ;
discussion; of various aspects of the PROJECT.
c. Pre -bid and Pre -Construction meetings.
The CONSULTANT shall, throughout the course of the entire
PROJECT advise the PROJECT MANAGER of any adjustments to
previous Cost Estimates which may result from changes in any
aspect of the PROJECT or from market conditions or otherwise.
It shall be the obligation of the CONSULTANT to produce a
design which may be constructed within the Project Budget or any
subsequent revision thereof approved by the CITY. Approval by
the PROJECT MANAGER of the Program Analysis and Schematic Design,
and/or Design Development Documents includes approval of the
construction Cost Estimates unless otherwise advised; submitted
therewith. If the Cost Estimates for any of the phases are
greater than the CITY's budgeted amount set forth in SECTION II
herein, the PROJECT MANAGER may require the CONSULTANT to revise
the documents related to the specific Phase as necessary in order
to bring the CONSULTANT revised Cost Estimate within the CITY's
Project Budget. The work undertaken by the CONSULTANT in
revising the documents for the purposes of meeting the CITY's
Project Budget shall be considered as part of the CONSULTANT's
Basic Professional Services at no additional fee to the CITY.
In close coordination with the PROJECT MANAGER; the
CONSULTANT, shall perform and be fully responsible for the
following professional and technical services which comprise the
WORK:
A. PROGRAM ANALYSIS AND SCHEMATIC DESIGN PHASE
16 The CONSULTANT shall review the program outlined by
the CITY to ascertain the requirements of the PROJECT. It shall
evaluate existing conditions and building code requirements
including existing and life safety needs and shall meet with the
City's staff, representatives of
users of the facilities to familiarize
itself with functional requirements such as
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lighting; electric power;
circulation,
air conditioning; security;
storage,
2. The CONSULTANT shall provide a preliminary
evaluation of Program Budget, and schedule requirements and shall
review with the PROJECT MANAGER alternative approaches to the
design and construction of the PROJECT.
3. After mutual agreement on the program; budget, and
scheduling, the CONSULTANT shall prepare Schematic Design
Drawings including plans; sections elevations and other documents
illustrating the scale; form and relationship of the PROJECT
components. These documents shall be accompanied by a
preliminary construction Cost Estimate; broken down into each
item or group of items which form parts of the plan and a
schedule for staging of construction phases.
4. The CONSULTANT shall also prepare a rendered
illustrative plan, sections and elevations reflecting the
Schematic Design Phase for presentation to the City
Commission;
The CONSULTANT shall revise the Program
Analysis and Schematic Design Documents as directed by the
PROJECT MANAGER.
S. The Program Analysis and Schematic Design Phase
shall be completed when the PROJECT MANAGER approves the Program
Analysis and Schematic Design Documents.
B. DESIGN DEVELOPMENT PHASE
1. Based on the approved Program Analysis and Schematic
Design Documents including .any adjustments and modifications
authorized by the PROJECT MANAGER the CONSULTANT shall prepare
Design Development Documents consisting of drawings including
plans, sections, and elevations; outline specifications and other
documents to fix and describe the size; scope; and character of
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the entire PROJECT as to architectural; structural; mechanical
and electrical systems; materials; interior f i ni shes; and other
related elements appropriate to the PROJECT.
2. The CONSULTANT shall submit an estimate of the
construction cost broken down into major categories and elements,
with budgets for specific areas and works, a more detailed
schedule for phasing of the work including a list of long time
lead items requiring early purchase to meet the schedule. The
schedule shall indicate
3. - The CONSULTANT may be required to make a formal
presentation of the Design Development Documents to the
City Commission and others related to the PROJECT and shall make
modifications or revisions as directed by the PROJECT MANAGER.
4. The Design Development Phase shall be completed when
the PROJEct MANAGER approves the final Design Development
Documents.
C. CONSTRUCTION DOCUMENT PHASE
1. Based on the approved Design Development Documents
including any modifications and changes directed by the PROJECT
MANAGER, the CONSULTANT shall prepare all contract plans 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 shall
include all required architectural; structural, p echanical and
electrical systems; materials; equipment; and finishes as
appropriate fora completed PROJECT. If a Construction Manager
is engaged to expedite the PROJECT the CONSULTANT shall prepare
the required bid package documents and work in close coordination
with the Construction Manager.
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2. Because of the City's concern for energy
conservation, it shall be fully understood that the CONSULTANT
shall pay particular attention to the design of all energy
systems required for the PROJECT with emphasis towards conserving
energy. Particular attention shall be focused on the different
uses of the PROJECT and the different demands for air-
conditioning and lighting, etc., within structures.
3.
4. The CONSULTANT shall continue to advise the PROJECT
MANAGER of any adjustments to previous Cost Estimates which may
be indicated by changes in scope, design, requirements, market
conditions or otherwise.
5. The CONSULTANT shall assist the PROJECT MANAGER in
the preparation of the necessary bidding documents, by preparing
the Bid Proposal and Special Provisions Sections as well as
modifications to the CITY'S Standard General and Special
Conditions Sections of - the non -technical portion of the
Specifications, based on the CITY'S standard format and
documents.
6. The CONSULTANT shall submit a final estimate of the
CONSTRUCTION COST based on the 'final Construction Drawings,
Specifications and Bidding Documents, broken doVn into major
categories and bid items. The CONSULTANT'S Cost Estimate shall
be construed as an informed professional opinion of a responsible
expert and the CITY will rely on it as a reasonable approximation
of bids to be received. If the estimate exceeds the PROJECT
construction budget, the CONSULTANT shall revise the Construction
Documents at no additional fee to the CITY as part of basic
professional services unless the CITY approves an increase in the
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budget. The CONSULTANT shall be permitted to include mutually
acceptable Alternate Bid Items to adjust the construction cost to
meet the budget.
7. The CONSULTANT shall submit the completed
construction contract plans; specifications and bid documents to
the PROJECT MANAGER who along with shall carry out a
detailed review and approval.
8. The CONSULTANT shall conduct all necessary dry -run
checks of the Construction Drawings and Specifications in
connection with securing approvals and permits from the City of
Miami Departments of Building and 'Zoning; Fire and Public Works
and all other government authorities 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
respbnsibiiities; particularly related to code compliance. Any
revisions to the Construction Documents to comply with building
code and permit requirements shall be made at no additional fee.
90 The CONSULTANT shall see that all Construction
Contract Plans bear the seal of a Florida registered professional
architect; or engineer as appropriate and that the names of the
professionals responsible for major portions of each separate
specialty of the WORK appear on the Construction Contract Plans,
Specifications and Bid Documents.
10. The CONSULTANT shall deliver to the PROJECT MANAGER
the completed reproducible Drawings and Specifications and
related bid documents for reproduction by the PROJECT MANAGER for
bidding of the PROJECT.
11. The Construction Document Phase shall be completed
when the Drawings and Specifications have been delivered and are
approved by the PROEJCT MANAGER as complete and ready for
bidding.
D. BIDDING PHASE
1. The CONSULTANT shall assist the PROJECT MANAGER in
obtaining bids; awarding and preparing contracts for
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construction: This phase includes preparation of any addenda and
accompanying drawings or other material as required; taking part
in pre -bid conferences; responding to inquiries from prospective
bidders and assisting in the evaluation of bids.
2. 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 cost to
the CITY.
3. The Bidding Phase shall be considered completed when
the CITY executes a Construction Contract for complete
construction of the PROJECT or in case of 2 or more Contracts
(for Phased Construction),' when the last Construction Contract is
executed.
4.' If the Bidding Phase has not commenced within nine
months after the CONSULTANT submits the Bidding and Construction
Documents to the PROJECT MANAGER; the CONSTRUCTION COST shall be
adjusted to reflect any change in the general level of prices in
the. construction industry between the date of approval of the
Bidding and• Construction Documents by the PROJECT MANAGER and the
date on which Bids are advertised. The percentage of adjustment
shall be based on the Consumer Price Index for Metropolitan Dade
County; or an equivalent index acceptable to the CITY.
E. CONSTRUCTION PHASE
1:. The Construction Phase shall commence with the award
of the Construction Contract and the CONSULTANT shall work
closely with the PROJECT MANAGER or designated representatives in
all stages of construction work
2. The CONSULTANT shall attend regular weekly site
meetings and make periodic visits to the site to familiarize
himself with the progress and quality of the work to determine
that construction is proceeding in accordance with the Contract
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Documents and to submit a written report on a weekly basis of his
observations after the site visit. Based on his observations;
the CONSULTANT shall make recommendations on any work that should
be 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 quality 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.
3. The CONSULTANT shall assist the -PROJECT MANAGER in
matters relating to the interpretation of Contract Documents and
in evaluating suggestions which might be submitted by the
Contractor.
46 The CONSULTANT shall review and approve or take
other appropriate action on the Contractor's submittal of shop
drawings, product data and samples and retain a copy of the
approved shop drawings and samples for the CITY's records.
S. The'CONSULTANT shall review test reports required by
the Contract Documents and provide the PROJECT MANAGER with
written reports on all such tests.
60 The CONSULTANT shall witness all tests as may be
required to. be witnessed by the Contract Documents and provide
the CITY with written reports of all such tests.
7. The CONSULTANT shall assist the PROJECT MANAGER in
the preparation of bids for fixtures and furnishings and other
related equipment for the PROJECT. Upon receipt..of these bids;
assist the PROJECT MANAGER in their evaluation and make
recommendations* related to the arrival and installation of said
fixtures and furnishings.
8. The CONSULTANT shall furnish any additional details
or information required at the PROJECT site for proper execution
of the WORK and assist in the purchase of long lead items.
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9. 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
Payment.
10. The CONSULTANT shall prepare Change Orders for the
PROJECT MANAGER'S approval and execution in accordance with the
Contract Documents and shall have authority to 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.
11. 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
been submitted and reviewed. Deliver all such items to the
PROJECT MANAGER prior to the date of beneficial occupancy.
12. The CONSULTANT shall furnish to the PROJECT MANAGER
within sixty (60) days after completion of the Construction Phase
of the PROJECT; record drawings in the form of the original
reproducible drawings of the Construction Contract plans; revised
to include all changes or modifications to the design made during
the Construction Phase as recorded by the General Contractor on
the set of drawings maintained by the Contractor at the site and
updated to -include all changes and modifications throughout the
construction of the PROJECT.
13. After substantial completion; the CONSULTANT shall
make a list of items for correction and check each item as it is
corrected.
14. It is intended that the CITY will have beneficial
occupancy of and use any completed or partially completed portion
of the PROJECT. 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.
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15. At the completion of construction of the PROJECT;
the CONSULTANT shall deliver to the PROJECT MANAGER a written
report verifying that to the best of the CONSULTANT's knowledge
the PROJECT has been completed in accordance with the approved
drawings; specifications and change orders.
16. The Construction Phase shall be completed when the
CONSULTANT has delivered the aforesaid verification, record
drawings and the PROJECT is accepted by the City Commission.
F. ADDITIONAL PROFESSIONAL SERVICES
1. The CONSULTANT shall revise the Construction
Documents including plans and specifications to reduce the cost
of construction of the PROJECT to the final budgeted or CITY
approved amount for the construction of the PROJECT, 'if the
amount of the lowest acceptable bid received by the CITY for the
construction of the PROJECT is five (5) percent or more in excess
of the final amount budgeted or approved for the cost of the
Construction Contract of the PROJECT.
2. Should an error or errors in the CONSULTANT's design
cause delay in the construction of the PROJECT; and consequently
result in delay of the CITY's beneficial occupancy of the PROJECT
without compensation of damages from the contractor, the
CONSULTANT agrees to seek no additional compensation for the
services required under this Agreement; during the period of said
delay.
3. Modification, additions, and extensions of the
existing utilities'including but not limited to electrical, fire
protection (alarm system; sprinklers and smoke evacuation),
plumbing, heating, vents 1 ati on and air condi ti oni pg ( HVAC) , for
the scope of the PROJECT are part of the basic services.
4. Selection of finishes; fixtures, and some limited
new furniture and equipment
are part of the basic services.
G. ADDITIONAL WORK AUTHORIZED BY THE CITY
1. Additional or unforeseen WORK beyond the scope of
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Is
the PROJECT described herein may only be done by written
agreement approved by the PROJECT MANAGER. At the CITY's option
for additional work, the CONSULTANT may be paid an agreed upon
fixed fee or be paid at a rate of two (2) times DIRECT TECHNICAL
SALARY EXPENSE for those services rendered.
2. If any of the following services are required of the
CONSULTANT and cause the CONSULTANT extra expense the CITY shall,
after authorization and subsequent acceptance of such work, pay
the CONSULTANT as specified in subsection G 1.:
a. Revising previously approved program; drawings and/or
specifications to accomplish changes by the PROJECT MANAGER,
unless such changes are required to bring the CONSTRUCTION COSTS
within the budget as required herein or to meet building or other
code requirements.
b. Prepare documents as requested by the PROJECT MANAGER
for additional alternate bids and change orders.
C. Arranging for the WORK to'proceed should the contractor
default due to delinquency or insolvency.
d. Providing prolonged contract administration and
observation of construction should the actual construction time
exceed the contract construction time and require more than six
additional weekly site meetings; due to no fault of the
CONSULTANT. Construction contract time shall include any time
extensions recommended by the CONSULTANT and approved by the
PROJECT MANAGER unless both parties agree that the cause of the
delay was totally beyond the control influence of the CONSULTANT.
e. In the event that delays not caused by the CONSULTANT;
require that WORK in all Phases of the Project,% excluding the
Construction Phase, be delayed more than ninety (90) days, the
CONSULTANT may request additional 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.
H. SCHEDULE OF WORK
The CITY staff shall endeavor to complete all functions
related to review and approval of the various phases with
fourteen (14) days of receipt of submissions. It is
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understood and agreed by both parties that the following schedule
for the WORK will be strictly followed by the CONSULTANT and the
CITY:
1+ Program Analysis and Schematic Design Phase
The CONSULTANT shall complete the Program Development and
Planning Phase within days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
2. Design Development Phase
The CONSULTANT shall complete the Design Development Phase
with days after receipt of written authorization from
the PROJECT MANAGER to begin WORK on this Phase.
3. Construction Document Phase
The CONSULTANT shall complete the Construction Documents
Phase within days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
4.. Bidding Phase
The Bidding Phase is expected to require sixty (60) days, if
only a single bidding is used.
5. Construction Phase
The Construction Phase will commence with the award of the
Construction Contract and shall be completed when all of the
conditions -indicated in SECTION III E have been met.
In the event the CONSULTANT is unable to meet the above
schedule, or complete the above services because of delays
resulting from Acts of God or untimely review and approval by the
CITY and other governmental authorities having jurisdiction over
the PROJECT, and such delays are not caused by the CONSULTANT,
the PROJECT MANAGER shall grant a reasonable extension of time
for completion of the WORK. It shall be the responsibility of
the CONSULTANT to notify the PROJECT MANAGER promptly in writing
whenever a delay in approval by any governmental agency is
anticipated or experienced, and to inform the PROJECT MANAGER of
all facts and details related to the delay.
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SECTION IV COMPENSATION:
A. The Consultant shall
be paid its fee from
and such services required pursuant to
SECTION III hereof, shall be an amount not to exceed
t
B. Said FEE shall be paid on the following basis:
PERCENTAGE OF ACCUMULATED
FEE PAYMENT PAYMENTS
1. Program Analysis b Schematic 17%
Design Phase
2. Design Development Phase 20%
3. Construction Document Phase 40%
4. Bidding Phase 3%
5. Construction Phase 20%
TOTAL 100%
D. Payment will be made in proportion to the services
performed based on an invoice submitted by the CONSULTANT and
approved by the PROJECT MANAGER. The CONSULTANT may invoice on a
monthly basis.
1. The CONSULTANT shall invoice separately for payment
of costs associated with the SPECIAL CONSULTANTS AND PRESENTATION
ALLOWANCE. Each request for payment shall be accompanied by
copies of the invoices for which the CONSULTANT is being
reimbursed.
2. The CONSULTANT shall not expend these funds without
prior written approval from the PROJECT MANAGER; and these only
in amounts specifically designated by each authorization. _
Invoices for services performed under, this allowance should be
separate and apprt from those related to the FEE; and must be
accompanied by a breakdown of time and tasks related to the
expenditure. The CONSULTANT shall receive only those funds from
this allowance as are specifically authorized and is not
otherwise entitled to any or all of the monies contained in the
Allowance. Nothing contained in this Section shall allow the
CONSULTANT to invoice for services other than those specifically
authorized as stated herein.
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E. Additional WORK approved by the PROJECT MANAGER shall be
paid as provided under SECTION III.
SECTION V CONSULTANT'S SPECIALISTS:
A. The CONSULTANT proposes to have the following
specialists, either from its organization of as its consultants
or associates to perform the services indicated:
1. Architectural
2. Structural Engineering
3. Mechanical Engineering
4. Electrical Engineering
S.
6.
B. Selection of the CONSULTANT by the Competitive Selection
Committee was based, in part; on the qualifications and expertise
of the following architectural; engineering; and interior design
firms proposed as the designated specialists:
1.
2.
3.
4.
C. The CONSULTANT shall negotiate a fair and equitable
agreement with each of the designated specialists and furnish the
PROJECT MANAGER with a copy of each sub -contract agreement in a
timely manner. The CONSULTANT may choose additional specialists;
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for which prior written approval from the PROJECT MANAGER must be
obtained, but shall not exclude those originally designated
without the prior written approval of the PROJECT MANAGER.
D. The CONSULTANT shall be responsible for all the work of
its organization; and that of its consultants or specialists.
Nothing contained in this Agreement shall create any contractual
relationship between any of the consultants and/or specialists
working for the CONSULTANT; and the CITY. It shall be understood
that the CONSULTANT is no way relieved of any responsibility
under the terms of this Agreement by virtue of any other
professional who may associate with him in performing the WORK.
SECTION VI MISCELLANEOUS TERMS:
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 mail addressed to the
other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on
the day on which personally served; or; if by mail; on the fifth
day after being posted or the date of actual receipt; whichever
is earlier.
CITY OF MIAMI
Project Manager
Dept..of Public Works
275 N.W. 2nd Street
Miami* FL 33128
(305) 579=6865
CONSULTANT
B. Title and paragraph headings are for convenient
reference and are not a part of.this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents; the terms'in this Agreement shall rule.
Be No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing.
E. Should any provisions; paragraphs; sentences; words or
phrases contained in this Agreement be determined by a court of
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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 shalt
remain unmodified and in full force and effect.
SFCTinu vTT nuucocuto nr nnrtluruTc.
All documents developed by the CONSULTANT under this
Agreement shall be delivered to PROJECT MANAGER by said
CONSULTANT upon completion of the services required pursuant to
SECTION III and shall become the property of CITY, without
restriction or limitation on its use. 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 1199 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.
SECTION YIII NOM=DELEGABILITY:
That the obligations undertaken by the CONSULTANT pursuant
to this Agreement shall not be delegated or assigned to any other
person or firm unless the CITY shall first consent in writing to
the performance or assignment of such service or any part thereof
by another person or firm.
SECTION IX AUDIT RIGHTS:
The CITY reserves the right to audit and review the records
of the CONSULTANT, including but not limited to billing and
payment documents and time 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 Agreement;
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SECTION X CONFLICT OF INTEREST:
B. The CONSULTANT is aware of the conflict of interest laws
of the City of Miami ( City of Miami Code Chapter 2, Article V ) ,
Dade County Florida (Dade County Code Section 2-11.1) and the
State of Florida; and agrees that it shall fully comply in all
respects with the terms of said laws.
SECTION XI AWARD OF AGREEMENT:
The CONSULTANT warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay; paid, or agreed to
pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
The CONSULTANT shall not engage during the period of this
Agreement the services of any professional or technical person
who has at any time during the period of this Agreement been in
the employ of the CITY.
SECTION XII CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SECTION XIII SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein
their heirs; executors; legal representatives; successors, and
assigns. _
SECTION XIV INDEMNIFICATION:
The CONSULTANT shall indemnify and save CITY harmless from
and against any and all claims; liabilities, losses, and causes
of action which may arise out of The CONSULTANT's activities
under this Agreement; including all other acts or omissions to
act on the part bf CONSULTANT; including any person acting for or
on its behalf, and; from and against any orders, 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 thereof.
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SECTION XY INSUkANCE: a
The CONSULTANT shall not commence WORK on this Agreement
until it has obtained all insurance required under this paragraph
and such insurance has been approved by the CITY.
The Certificates of Insurance furnished to the PROJECT
MANAGER prior to the commencement of operations; shall clearly
indicate that the CONSULTANT has obtained insurance in the type,
amount and classification as required for strict compliance with
this Paragraph, and that no material change or cancellation of
insurance shall be effective without ninety (90) days written
notice to the CITY.
Compliance with these requirements shall not relieve the
CONSULTANT of its liability and obligations under this Section or
any portion of this Agreement.
The CONSULTANT shall maintain during the term of this
Agreement the following insurance:
A. Professional Liability Insurance in the minimum amount of
$250,000 covering all liability arising out of the terms of this
Agreement.
ALL insurance policies shall be issued by companies
authorized to do business under the.laws of the State of Florida;
and which are approved according to specifications of the Risk
Management Division of the Finance Department of CITY.
SECTION XVI TERMINATION OF AGREEMENT:
The CITY retains the right to terminate this Agreement at
any time prior to completion of the WORK without penalty to the
CITY. In that event; termination bf this Agreement shall be in
writing to the CONSULTANT and the CONSULTANT shall be paid for
services rendered in each completed Phase prior to termination,
in accordance with SECTION IV COMPENSATION; provided; however the
termination of this Agreement occurs during an incomplete phase,
then the CONSULTANT shall be paid at the rate of two (2) 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 case, however,
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will the CITY pay the CONSULTANT a greater amount for an
incomplete Phase than would have been paid had the termination
been made at the completion of the Phase.
In the event of termination for any reason, all documents;
including plans, etc.; as set forth in SECTION YII OWNERSHIP OF
DOCUMENTS shall become the property of the CITY; with the same
provisions of use as set forth therein. _
SECTION XYII RIGHT OF DECISIONS:
All services shall be performed by the CONSULTANT to the
satisfaction of the PROJECT MANAGER who shall decide all
questions; difficulties and disputes of whatever nature which may
arise under or by reason of this Agreement; the prosecution and
fulfillment of the services hereunder; and the character;
quality; amount; and value thereof; and the PROJECT MANAGER'S
decisions upon all claims; questions of fact; and disputes shall
be final; conclusive and binding upon the parties hereto; unless
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
advise the PROJECT MANAGER of it's non -concurrence and objection
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 may 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 X11III NON-DISCRIMINATION:
A.The CONSULTANT will not discriminate against any
employee or applicant for employment because of race, color;
religion; sex or national origin. In the event of the
CONSULTANT's non-compliance with this Section of this contract;
this contract may be cancelled or terminated or suspended in
whole or in part and the CONSULTANT may be declared ineligible
for further CITY contracts.
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87-195,
9. The CONSULTANT will; in all solicitations or
advertisements for employees placed by or on behalf of the
CONSULTANT, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin,
SECTION XIX INDEPENDENT CONTRACTOR:
The CONSULTANT, its employees; agents and specialists shall
be deemed to be independent contractors and not agents or
employees of the CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of the
CITY, or any rights generally afforded classified or unclassified
employees; further it shall not be deemed entitled to the Florida
Worker's Compensation benefits as an employee of CITY.
4Ff_TTnm YY mTunOTTv DonriiDGYCYT rfiMbl TAuf'C•
The CONSULTANT acknowledges that it has been furnished a
copy of Ordinance No. 1O062, 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 XXI CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and is subject to amendment or termination due to lack
of funds, or authorization, reduction of funds; and/or change in
regulations.or program.
SECTION XXII DEFAULT PROVISION:
In the event that the CONSULTANT shall fail to comply with
each and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein; then
the CITY, at its sole option; upon written notice to the
CONSULTANT may 'cancel and terminate this Agreement, and all
payments, advances; or other compensation paid to the CONSULTANT
by the CITY while the CONSULTANT was in default of the provisions
herein contained, shalt be forthwith returned to the CITY.
SFCTTnU YYTTT CmTTQF AC!)VOUCYT.
This instrument and its attachments constitute the sole and
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1
only Agreement of the parties hereto relating to said project and
correctly sets forth the rights, duties, and obligations of each.
SECTION XXIY AMENDMENTS:
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 the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
City Clerk
ATTEST:
corporation becretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
City Manager
CONSULTANT:
By
John u er on, res en
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
Avis on Of Is anagemen
City Attorney
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