HomeMy WebLinkAboutR-87-01600 t
J-87-166
2/26/87
RESOLUTION NO. 87-1601
A RESOLUTION AUTHORIZING THE MIAMI SPORTS AND
EXHIBITION AUTHORITY TO DISBURSE THE PROCEEDS
FROM A TEN MILLION DOLLAR ($10,000,000) MIAMI
SPORTS AND EXHIBITION AUTHORITY SUBORDINATE
OBLIGATION NOTE, SERIES 1985, FOR THE PURPOSE
OF IMPROVING THE CITY OF MIAMI/UNIVERSITY OF
MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
AND THE COCONUT GROVE EXHIBITION CENTER.
WHEREAS, the Miami Sports and Exhibition Authority (the
"Authority") duly authorized a Subordinate Obligation Note, Series
1985 (the "Subordinate Note"), in the principal amount of
$10,000,000 by resolution adopted by the Authority on December 23,
1985 pursuant to a general resolution adopted by the Authority on
August 30, 1985 and a Note Purchase Agreement dated December 1,
1985 between the Authority and Sun Bank/Miami, National
Association;
WHEREAS, the Authority has duly pledged the revenues from its
Convention Development Tax to pay the debt service on the
Subordinate Note;
WHEREAS, the City, pursuant to Ordinance No. 10189,
authorized the Authority to pledge certain of the available
revenues from the Utility Service Tax on water and natural gas
sales in the City of Miami (the "Utility Service Tax") in order to
satisfy the gross debt service coverage requirements necessary to
release the Subordinate Note proceeds from escrow;
WHEREAS, Ordinance No. 10189 requires City Commission
approval prior to the disbursement by the Authority of Subordinate
Note proceeds following the termination of the escrow;
WHEREAS, it is in the best interests of the citizens of the
City of Miami to improve the City of Miami/University of Miami
James L. Knight International Center and the Coconut Grove
Exhibition Center; and
WHEREAS, to facilitate improvements to the City of
Miami/University of Miami James L. Knight International Center and
CITY COMMIS3I1
MEETING OF
FEB lit 1987
RESOLUTION No, gry-1
Coconut Grove Exhibition Center, the Authority must disburse all
of the Subordinate Note proceeds; and
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI;
Section 1. The findings and recitals contained in the
preamble of this resolution are hereby adopted by reference and
incorporated herein as if fully set forth in this Section.
Section 2. The Miami Sports and Exhibition Authority is
authorized to disburse an amount not to exceed three million
dollars ($3,000,000) of the Subordinate Note proceeds for project
costs and improvements to the City of Miami/University of Miami
James L. Knight International Center and an amount not to exceed
five million dollars ($5,000,000) of the Subordinate Note proceeds
for project costs and improvements to the Coconut Grove Exhibition
Center. The Miami Sports and Exhibition Authority shall set aside
five hundred thousand dollars ($500,000) of the Subordinate Note
Proceeds and is authorized to disburse such amount for any
contingencies that may occur for project costs to the City of
Miami/University of Miami James L. Knight International Center and
the Coconut Grove Exhibition Center.
PASSED AND ADOPTED this 1_7i-b day of February , 1987.
XAVIER L. SUAREZ,CMAYOR
AT ES
L,4.--
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
CHRISTOP H E F G. K ' GE
or
ASSIS ANT CITY ATTORN Y
APPROVED�AS TO FORM AND CORRECTNESS:
r
L'
LUCIA A. DOUGH TY
CITY ATTORNEY
CGK/rd/M338
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87-iM'
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CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
55
TO. Honorable Mayor and Members DATE: February 5, 1987 FILE:
of the City Commission
SUBJECT. Miami Sports and Exhibition
Authority $10 Million
Dollar Subordinate Note
FROM Cesar H. Odio REFERENCES: Process
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the Miami Sports and Exhibition Authority to disburse
the proceeds from the $10 million dollar Subordinate Note for the purpose of
improving the City of Miami/University of Miami James L. Knight International
Center at a cost not to exceed $3 million dollars and the Coconut Grove
Exhibition Center at a cost not to exceed $5.5 mil.lion dollars.
BACKGROUND:
On December 11, 1986, the City Commission adopted Ordinance No. 10189,
pledging certain available revenues from the Utility Service Tax on Water and
Gas to the Authority in order to satisfy the gross debt service coverage
requirements necessary pursuant to the applicable conditions of disbursement
imposed by Sunbank, N.A. The Utility Service Tax pledge is secondary to the
Convention Development Tax revenues, however, any liquidation by the City will
be reimbursed with interest to the City by the Authority. The ordinance
required City Commission approval prior to the disbursement by the Authority
of the Subordinate Note proceeds.
In order to facilitate the process for improvements to the City of
Miami/University of Miami James L. Knight International Center and the Coconut
Grove Exhibition Center, the City Commission must authorize the Miami Sports
and Exhibition Authority to disburse the proceeds. At this time, the
administration recommends that the City Commission authorize the Authority to
allocate the available note proceeds for project costs as follows:
An Amount
Not to Exceed
City of Miami/University of Miami
James L. Knight International Center $ 3,000,000.00
Coconut Grove Exhibition Center 5,500,000.00
,500,00 .
The remaining $1,500,000.00 is allocated to fund debt service costs throughout
a two year capitalized interest period. The final design of both projects
must be approved by both .the City Commission and the Miami Sports and
Exhibition Authority.
87-16(-
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Honorable Mayor and Members Page 2 February 5, 1987
Of the City Commission
In the event the City Commission does not adopt the attached Resolution, the
Subordinate Note proceeds shall be automatically. refunded to the noteholder
and the funds to construct the improvements will be lost.
s7-160
10�
CItY OF MIAMI. FLOWDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE
of the City Commission
5U81EC'
t Rom REFERENCES
Cesar H. Odio
City Manager ENCLOSIL'RES
RECOMMENDATION:
RILE
Resolution Authorizing
the Execution of the
Negotiated Agreement with
Fullerton b Assoc., P.A.
For City Commission Meetin
of February 12, 1987
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 Fullerton and Associates, Architects, Planners P.A. to
provide professional planning and design services for the
conversion into exhibition space, of the existing retail space,
adjacent mall and service areas at the City of Miami/University
of Miami, James L. Knight International Center.
BACKGROUND:
The Department of Development recommends that the City Commission
approve the attached Resolution authorizing the execution of an
agreement with Fullerton & Associates, Architects, Planners,
P.A., to provide professional planning and design services for
the development of exhibition space at the City of
Miami/University of Miami James L. Knight International Center.
Recognizing the importance of providing first class exhibition
shows and enhance commerce and economic growth in the downtown
area, the City Commission by Resolution No. 86-698 on September
11, 1986 designated as a Category "B" project, the conversion of
existing retail space, adjacent mall and service areas at the
City of Miami/University of Miami James L. Knight International
Center, into exhibition space.
In accordance with Florida statues 287.055, City of Miami Code
Section 18.52.3 and City of Miami Ordinances No. 10062 and No.
9572, advertisements to request proposals for professional
planning and 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 professional architectural and engineering service
required for this project.
87-1:641
100%1
Honorable Mayor and
City Commission
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On October 6, 1986 the City Commission by Resolution No. 86-804,
approved the Competitive Selection Committee's recommendation of
the firm most qualified to provide, along with its consultants,
professional architectural and engineering services related to
the development of exhibition space at the City of
Miami/University of Miami, James L. Knight International Center.
Funding to cover the cost of all Professional and Technical
Services related to this agreement is to be provided through the
Miami Sports and Exhibition Authory's $10 million Subordinate
Obligation Note, Series 1985.
Attachment:
Proposed Resolution
Agreement
87-160'
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J-86-967
12/10/86
RESOLUTION NO.
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 FULLERTON AND ASSOCIATES, ARCHITECTS
PLANNERS, P.A. TO PROVIDE PROFESSIONAL
PLANNING AND DESIGN SERVICES FOR THE
CONVERSION OF. EXISTING RETAIL SPACE,
ADJACENT MALL AND SERVICE AREAS AT THE
CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES
L. KNIGHT INTERNATIONAL CENTER, INTO
EXHIBITION SPACE, WITH FUNDS ALLOCATED
FROM THE SUBORDINATE NOTE HELD BY SUN
BANK MIAMI, N.A., TO COVER THE COSTS OF
SAID SERVICES.
WHEREAS, the City of Miami recognizes the importance of
providing first class exhibition facilities in Downtown Miami in
order to attract conventions and trade shows, and to enhance
commerce and economic growth in the downtown area, and
WHEREAS, by Resolution 86-120 on February 13, 1986, the
City Commission authorized the negotiation of an agreement with
-Miami Center Associates for the conversion of approximately
36,500 square feet of retail facilities and City space at the
James L. Knight International Center for the purpose of utilizing
this space as an exhibition facility for the Center and the
downtown area hotels; and
WHEREAS, by Resolution 86-340 on May 1, 1986, the City
Manager was authorized to execute said agreement in a form
acceptable to the City Attorney; and
WHEREAS, $3,000,000 is available from the Subordinate Note
held by Sun Bank Miami, N.A., to be utilized for an
interim/permanent exhibition facility in the City of Miami; and
WHEREAS, by Resolution No. 86-698 passed and adopted
i
+ September 11, 1986 the City Commission
, approved the conversion
t
into' exhibition space of the existing retail space, adjacent mall
87-- .50,
I
and service areas at the City of A &Mt/Unf vt►fti#y of Miami, James
L. Knight International Center as a Category "B' project,
appointed John E. Gilchrist, Director, Department of Development,
as Chairman of the Competitive Selection Committee, and
established a Certification Committee of not less than three (3)
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
Request for Professional Services; and
WHEREAS, the Competitive Selection Committee along with the
Certification Committee, evaluated the qualifications of those
firms who responded to City's Request for Proposals, and selected
the firms most qualified to provide professional architectural
and engineering services for this project, all in accordance with
the Competitive Negotiations Act as defined in Florida Statues
No. 287.055 the City of Miami Ordinance #9572 and Section 18.52.3
of the City Code for the acquisition of professional services;
and
WHEREAS, the City Commission, by Resolution No. 86-804 on
October 6, 1986 approved the Competitive Selection Committee's
recommendation of the firm most qualified to provide, along with
its consultants, professional architectural and engineering
services related to the development of exhibition space at the
City of Miami/University of Miami, James L. Knight International
Center; and
WHEREAS, the Agreement, in a form acceptable to the City
Attorney, between the City of Miami and Fullerton and Associates,
Architects Planners, P.A., was negotiated in a fair and
reasonable manner;
87-1:60
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NOW, THEREFORE, RE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section I. 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 Fullerton and
Associates,- Architects Planners, P.A. to provide professional
services related to the design and construction of the exhibition
space at the City of Miami/University of Miami, James L. Knight
International Center, with funds allocated from the Subordinate
Note held by Sun Bank Miami, N.A., to cover the costs of said
services.
PASSED AND ADOPTED this day of , 1986.
ATTEST:
PREPARED AND APPROVED BY:
APPROVED S TO FORM AND CORRECTNESS
r
87-16Q.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made this day of , 1986, by
and between the City of Miami, a municipal corporation of tr,,,,
State of Florida, (hereinafter referred to as thn "CITY",) and
Fullerton 6 Associates, Architect3, Planners, Inc., a for profit
corporation of the State of Florida (hereinafter referred to as
the "CONSULTANT").
RECILAL
WHEREAS, the CITY proposes to renovate exist -in; retail
space, adjacent mall, lobby and service areas in the City of
Miami/University of Miami James L. Knight International Center
(hereinafter referred to as the "CENTER") into appr;,ximately
30,000 sq. ft. of Exhibition Space, to create 3000 sq. ft. of
shell retail space, to relocate the existing CITY offices and
ticket booth, and to provide prefunction, service, toilets, and
storage areas to support the Exhibition Space; and
WHEREAS, the CITY desires to engage an architectural firm tr
render the necessary professional and technical services for the
planning, design and construction consultation upon the terns,
conditions and provisions hereinafter set forth; and
WHEREAS, by Resolution No. 86-698, passed and adopted on
September 11, 1986, the City Commission approved the designation,
as a Category "B" Project the conversion of existing retai'
space, adjacent mall and service areas at the CENTER into
exhibition space and appointed John E. Gilchrist, Director,
Department of Development, as Chairman of the Competitive
Selection Committee; 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 .fnr thL
conversion of existing retail space, adjacent mall and servic:
-1- 87-1:64
areas at the CENTER into exhibition space, all in a.ccrdance 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. 86-804
dated October 7, 1986, approved the selection of Fullerton
Associates, Architects, Planners, Inc. as the most qualified firm
to provide professional architectural, services for the renovation
of the CENTER 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. CENTER - is hereby referred to as the City of Miami,
University of Miami/James L. Knight International Center.
Q. CITY - is hereby defined as the City of Miami, Florida.
C. CITY MANAGER - is hereby defined as the City Manager of
the CITY.
D. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but i'.
shall not include CONSULTANT fees, the Special Consultan-:s ant'
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 Fullerton.
Associates, Architects/Planners, Inc., together %,ith a;i t h =
firms identified as members of the selected design tern
designated in SECTION V.
F. DAYS - are hereby defined as calendar days unless
otherwise specified.
- I - 57-160
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 ane
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 accour,tinc
records and shall not exceed forty, dollars (S40) per hour fer
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. MIAMI SPORTS AND EXHIBITION AUTHORITY - (hereinafter
referred. to as MSEA), is defined as a semi-autonomus
instramentality of the CITY which shall approve the concept,
location, program and design of the PROJECT.
J. PROJECT - is hereby defined as the renovation cf
existing retail space, adjacent mall, lobby and service areas in
the CENTER into approximately 30,000 sq. ft. of Exhibition Space;
the creation of 3000 sq. ft. of shell retail space; the
relocation of the existing City offices and ticket boon; and the
provision of prefunction, service, toilets, and storage areas tc
support the Exhibition Space.
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
the PROJECT for the CITY.
M. SPECIAL CONSULTANTS AND PRESENTATION ALLOWANCE - i5
hereby defined as the amount of money established by the CTI' Y tc
cover costs associated with rendering, pa sting, relate,
presentation services and material, and Professionai an;:
Technical services, related to the WORK, but other than than.
provided by the CONSULTANT.
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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 MSEA has budgeted the amount of
$2,000,000 for the total cost of the PROJECT, as follows:
1. $220,000 For design services, including:
a. $210,0O0 Fee for the CONSULTANT
b. $10,000 SPECIAL CONSULTANTS AND PRESENTATION
ALLOWANCE.
2. S10,000 Allowance for PROJECT Costs, associated with
bidding and construction administration, to be used on the basis
of actual expenditures.
3. $1,700,000 For CONSTRUCTION COST of the PROJECT to
include a min. 10% Construction Contingency.
4. S70,000 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 interior design and acoustics. The
services shall be performed on an accelerated basis in stages as
required to complete the PROJECT within the CONSTRUCTION COST and
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Schedule of Work, as specified herein, while the existing
facilities including the Convention Hall, meeting rooms and hotel
continue to operate. It is acknowledged that construction of t;ie
PROJECT may create some inconvenience, however the CONSULTANT
shall insure that its design allows for uninterrupted traffic
from and operation of the CENTER.
The CONSULTANT and its Specialists shall work in close
coordination primarily with designated City staff from the
Departments of Public Works, Conferences and Conventions.
Development, Building and Zoning and Fire and MSEA.
The CITY's review and approval of the WORK will relate only
to overall compliance with the general requirements of the
PROJECT and whenever the term "Approval by the CITY" or like ter. -I
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 professicnal
architectural, engineering, interior design and any other
necessary services and practices.
The CONSULTANT and its Specialists shall, throughout the
coursa of this PROJECT, particularly in the initial dEsISn
stages, work along with the CITY, with members designate
representatives of the Hyatt Hotel Management and the CEPJ'ER'S
DEVELOPERS and the University of Miami, MSEA and include their
input and review in the overall design process.
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 re'ate•-,
staff to review and approve all documents presented to tho
public. These meetings shall include but not be limited to 1.,12
following;
a. MS"F, for review and/or approval, discussion, of veriou-
aspects oi' the PROJECT.
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b. The Miami City Commission for review and/or approval,
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 a%y
aspect of the PROJECT or from market conditions or otherwise.
It shall be the obligation oO 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, submits?;
therewith. If the Cost Estimates for any of the phases are
greater than the CITY's budgeted amount set forth in SECTION
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';
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
1. The CONSULTANT shall review the program outlined by
the CITY to ascertain the requirements of the PROJECT. It shad
evaluate existing conditions and building code requirements
including existing and life safety needs and shall meet with the
City's Convention Center staff, representatives of *6he Hyatt
Hotel Management and Owners; Representative of the University of
Miami; MSEA and users of the facilities to familiarize itself
with functional requirements such as exhibit and banquet needs,
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lighting, electric power, air-conditioning, security,
circulation, storage, relocation, provisions for loading in and
out of exhibits, and interfacing with existing facilities. The
requirements of the CITY offices, ticket booth and shell retail
space shall also be evaluated.
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 PROJEC'
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 MSEA, the Cit;
Commission, the Hyatt Hotel Management, the CENTER'S Developers
Owners and the University of Miami. The CONSULTANT shall rev i s
the Program Analysis and Schematic Design Documents as dire:tei
by the PRO41ECT MANAGER.
5. The Program Analysis and Schematic Design Phas%l
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 finishes, and other
related elements appropriate to the PROJECT.
2. The CONSULTANT shall submit an estimate cf 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 required demolition, construction ar.d
relocation for new CITY offices, ticket booth, and shell retail
space and the subsequent construction of Exhibition Space and
related prefunction, service, toilet, storage and circulation
areas.
3. The CONSULTANT may be required to make a formal
presentation of the Design Development Documents to the MSEA, 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, mechanical and
electrical systems, materials, equipment, and finishes as
appropriate for a completed PROJECT. If a Construction Manage,,
is engaged to expedite the PROJECT the CONSULTANT shall prepare
the required bid package documents and work in close caord;nation
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 desigr of all energy
systems required for the PROJECT with emphasis towards conserving
energy. Particular attention shall be focused on the differ ent
uses of the PROJECT. and the different demands for air-
conditioning and lighting, etc., within structures.
3. The Construction Do;uments may be prepared in
separate packages as necessary for the relocation of City
offices, ticket booth and some limited retail space and for
related demolition in advance of the full construction of the
Exhibition Space and related areas. Nevertheless the
Construction Documents shall be completed in a timely manner to
meet the overall PROJECT schedule.
4. The CONSULTANT shall continue to advise the PROJECT
14ANAGER of any adjustments to previous Cost Estimates which ma.y
be indicated by changes in scope, design, requirements, market
conditions or otherwise.
S. The CONSULTANT shall assist the FROJECT MANAGER in
the preparation of the necessary bid ing documents, by preparing
the Bid Proposal and Special Provisions Section,, as well as
modifications to the CITY'S Standard General and Special
Conditions Sections of the non -technical portion of tie
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 down into major
categories and bid items. The CONSULTANT'S Cost Estimate shall
be construed as an informed professional opinion of a responsibl&
expert and the CITY will rely on it as a reasonable apprcximaticn
of bids to be received. If the estimate: exceeis the PRO.;EC1'
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
0
.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 MSEA shall carry out a
detailed review and approval.
8. The CONSULTANT shall cpnduct all necessary dry-rur
checks of the Construction Drawings and Specifications in
connection with securing approvals and permits from the City of
Miami Departments of Building and Zcning, Fire and public Virks
and all other government authorities having jurisdiction over the
PROJECT. By said acceptance and the approvals as a result of tht
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 and permit requirements shall be made at no additional fee.
9. 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 IMANAGEu
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
-10 - 8746i1
construction. This phase includes preparation of any addenda am
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 Constructior
Documents as necessary for re -bidding at no additional cost tc
• the CITY:
3. The Bidding Phase shall be considered completed when
the CITY executes a Construction Contract for complet?
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
adjustad 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 Dad -
County, or an equivalent index acceptable to the CITY.
E. CONSTRUCTION PHASE
I. 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 it
all stages of constructior work in coordinating the demolition,
construction, and relocation of the City offices, ticket booth
and retail space in advance of Ex`+ibition Space and related areas
of construction whole the existing facilitisi remrin i-
operation.
2. The CONSULTANT shall attend regular weekly site
meetings and make periodic visits to the site to farniiiarizr-
himself with the progress and quality of the work to determine
that construction is proceeding in accordance with the Contract
-11- 87- i-0,,
M
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 th2 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 ir
matters relating to the interpretation of Contract Documents and
in evaluating suggestions which might be subm fitted by the
Contractor.
4. 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 drawing3 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.
6. The CONSULTANT shall witness all tests as may be
required to be witnessed by the Contract Documents and provide
the CITY with written reports of all such tests.
7. The CONSULTANT shaii assist the PROJECT MANAGER in
the preparation of bids for fixtures and furnishings and oth•-r
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 sa'd
fixtures and furnishings.
8. The CONSULTANT shall furnish any additional deta4ls
or information required at the PROJECT site for proper executior,
of the WORK and assist in the purchase of long lead items.
87�16Q-
9. The CONSULTANT shall assist the PR,-jjECT MA!4AGER in
determining the amounts owing to the Cent, -actor based on site
observations and in eval uati ng the Cont.racto.,' s Appl i ceti on 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
i
to include all changes or modifications to the design made during
the Construction Phase as recorded by the General Contractor of,,
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 ?s
corrected.
14. It is intended that the CITY will have beneficial
occupancy of and use any completed or partially completed portion,
i
of the "ROJECT. Such beneficial occupancy shall not he deened
acceptance of WORK not completed and it shall not relieve the
j' CONSULTANT of any of his responsibilities under the tE.rms of m is
I Agreement.
-13 -
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.
4
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
I. 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 s34d
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, ventilation and air conditioning (HVAC). fc—
the scope of the PROJECT are part of the basic services.
4. Selection of finishes, fixtures, and some limited
new furniture and equipment for the CITY offices, ticket booth,
Exhibition Space and adjacent prefunction and lobby areas and
finishes for the shell retail space are part of the basis.
services.
G. ADDITIONAL WORK AUTHORIZED BY THE CITY
1. Additional or unforeseen WORK beyond the scope of
-14-
fl7•-1:6C,
I
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 upor
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
ICQNSUL'rANT may request additional compensation based on actual
expenses, if any, that may have been incurred. by the CONSUL_ T kN7
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
-15- 197--1:6C-
understood and agreed by both parties that the following schedule
for the WORK will be strictly followed by the CONSULTANT and the
CITY:
I. Program Analysis and Schematic Design Phase
The CONSULTANT shall complete the Program Development and
Planning Phase within thirty (30) 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 thirty (30) 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 ninety (90) 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, ;f
only a single bidding is
used.
5. Construction Phase
The Construction Phase will commence with the ward
of the
Construction Contract
and shall be
completed when all
cf tyc
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 tre
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 title
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.
-16-
L
SECTION IV COMPENSATION:
A. The Consultant shall be paid its fee from MSEA's ten
million dollar subordinate obligation note, Series 1985
and such services required pursuant to SECTION III
hereof, shall be an amount not to exceed $210,000.
6. Said FEE shall be paid on the following basis:
PERCENTAGE OF ACCUMULATED
FEE PAYMENT PAYMENTS
1. Program Analysis & Schematic 17% 35,700 35,700
Design Phase
2. Design Development Phase 20% 42,000 77,700
' 3. Construction Document Phase 40% 84,000 161,700
4. Bidding Phase 3% 6,300 168,000
5. Construction Phase 20% 42,000 210,000
i
TOTAL 1001 210,000
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.
I. 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 apart 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
i
{ Allowance. Nothing contained in this Section shall allow the
CONSULTANT to invoice for services other than those specifically
authorized as stated herein.
u
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
5. Sanitary Engineering
6. Space Planning & Interior Design
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. RKT & B Architects and Planners, Inc.
7480 Fairway Drive, Suite 208
Miami Lakes, Ft. 33014
Specialty: Architecture
2. Dezarraga, Donnell & Duquesne
131 Madeira Avenue
Coral Gables, FL 33134
Specialty: Structural Engineering
3. Dalla Rizza and Associates
1235 Coral Way
Miami, FL 33145
Specialty: Mechanical/Electrical Engineering
4. Creative Environments of Lynn Wilson
Associate, Inc.
111 Majorca Avenue
Coral Gables, FL 33132
Specialty: Interior Design
5. Beams Systems, Inc.
2000 South Dixie Highway, Suite 200
Miami, FL 33133
Specialty: Acoustical Engineering
C. The CONSULTANT shall negotiate a fair a}nd 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,
-18- 197: 60,
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 respon3ibility
under the terms of this Agreement by virtue of any other
professional who may associate with him in performing the WORK.
SECTION YI 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 CONSULTANT
Project Manager Fullerton b Associates,
Dept. of Public Works Architects, Planners, Inc.
275 N.W. 2nd Street 5701 Sunset Drive, Suite 104-B
Miami, FL 33128 South Miami, FL 33143
(305) 579-6865 (305) 667-4200
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 attac,ird
documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effecve
unless made in writing.
E. Should any provisions, paragraphs, sentences, Words cr
phrases contained in this Agreement be determined by a court of
-19 - 87-1-60
competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City
Of Miami, such provisions, paragraphs, sentences, words or
phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either
• event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force•and effect.
SECTION YII OWNERSHIP OF DOCUMENTS:
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 119, Florida
Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or and
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.
erf•TTnU vTTT unat nri veAnTu TTv-
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 nne year
after final payment is made under this Agreement.
- 2 0 - 877-160',
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 ag^ees that it shall ful*ly 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 accordin_ to
the laws of the State of Florida.
SECTION Y.III SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein
their heirs, executors, legal representatives, successors, ar,d
assigns.
SECTION XIY INOEMNIFICATI011:
The CONSULTANT shall indemnify and save CITY harmless fror
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 of 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.
-21-
S (r1W)
SECTION XV INSURANCE:
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 requi reed 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 shell not relieve the
CONSULTANT of its liability and obligations under this Section cr
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.
CF* TTAN YYT TCDMTHATTnH nC AC0rCMCHT•
The CITY retains the right to terminate this Agreement at
any time prior to completion of the WORK without penalty to tnz,
CITY. In that event, termination of 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 no: in
default under the terms of this Agreement. In no case, however,
- 2 2 -
will the CITY pay the CCNSULTANT a greater amount for an
incomplete Phase then would have been paid h-id 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 tc 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 ba
reviewed by the PROJECT MANAGER and the CITY MANAGER and
submitted to the City Commission for approval, if necessary.
SECTION XYIII NON-DISCRIMINATION:
A. The CONSULTANT will not discriminate against an
employee or applicant for employment because f race, colcr,
religion, sex or rational origin. In the event of the
CONSULTANT's non-compliance with this Section of this contract,
this contract may be canceller; or terminated or suspended in
whole or in part and the CONSULTANT may be declared ineligible
for further CITY contracts.
-23-
87-160
B. 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.
SECTICN XIX INVEPEN7ENT CONTRACTOR:
The CONSULTANT, its employee;, 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.
SECTION XX MINORITY PROCUREMENT COMPLIANCE:
The CONSULTANT acknowledges that it has been furnished 2
copy of Ordinance No. 10062, 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 provisicns
herein contained, shall be forthwith returned to the CITY.
SECTIO11 XXIII ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
- 2 4 - 197r (;0
only Agreement of the parties hereto relating to said project and
correctly sets forth the rights, duties, and obligations of each.
SECTION XXIV 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:
MA
City Clerk
ATTEST:
Corporation St, c eca y
APPROVED AS TO INSURANCE
REQUIREMENTS:
Division ot K1SKmanagement
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
City Manager
CONSULTAFT: Fullerton R Associates
Architects, Planners, Inc.,
a for profit corporation of the
Stale —of Fl on da
y.
n
; Fresi I en
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
- 2 S - 8'7-16(I
0
CORPORATE RESOLUTION
WHEREAS, �GL.MRTi�N + �S5C1G.,fff�5, �UNNEJrS,/� • desires to
enter into an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -lays
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this 4 day of— T6XMMC 1986..
•sMM
( SEAL )
817_ cj
JAMES L. KNIGHT EXHIBITION SPACE DEVELOPMENT PROJECT
TOTAL FEE BREAKDOWN
November 13, 1986
TOTALARCHITECTURAL FEE ......................... $ 128*000
ACOUSTICALENGINEER ............................. S 31000
STRUCTURAL ENGINEERING FEE ...................... 20,000
MECHANICAL / ELECTRICAL ENGINEERING FEE ......... 27,000
INTERIOR DESIGNER'S FEE ......................... 16,000
COST ANA!YSIS................................... 8,000
SPECIFICATIONS .................................. 8,000
TOTAL FEE ...... S 210,850
f3 7-1:601
Fuuericn • Assccwles Inc 6-0• S•.r"z.
Archacc,ure Inlerrur Design Rannrng 5L 10 1G1
/!li hd�•i lilir h t�•iu.• j l,••,i, i I'ian�..:. 1 ..r'•• 1��1 1:
.,.,�DiR'I',u��l I'•�n ' 1 ,I•Lf
JAMES L. KNIGHT EXHIBITION SPACE DEVELOPMENT PROJECT
ARCHITECTURAL FEE BREAKDOWN
November 13, 1986
CONSTRUCTION
GENERAL PROGRAMING DESIGN DOCUMENTS OBSERVATION
A-100 Title / Cover ................ 0 8 40
A-101 Demolition 0 8 40
A-102 Location ..................... 0 4 40
OFFICE FACILITIES:
A-200 Office Plan 1/4" ............. 29 40 50
Office Reflective
Ceiling Plan 1/4" ............ 0 10 40
A-201 Details
Door finish .................. 0 41, 80
NEWBATHROOMS:
A-300
Bathrooms ....................
8
40
80
TICKET
/ RETAIL:
A-400
Plan 114" ....................
29
40
80
A-401
Reflective
Ceiling Plan 1/4" ............
0
10
40
A-402
Roof Plan / Details ..........
0
40
80
A-403
Sections / Elevations ........
0
10
50
A-404
Door / Finishes /
Cabinet Work .................
0
40
80
40
James L. Knight Exhibition Space Development Project
Architectural Fee Breakdown
November 13. 1986
Page 2 1i
CONSTRUCTION
PROGRAMING DESIGN DOCUMENTS OBSERVATION
EXHIBITION SPACE:
A-500
Plan 1/8" .................... 50
80
80
A-501
Reflective
Ceiling Plan 1/8" ............
40
60
A-502
Interior Elevations ..........
40
60
A-503
Sections (2) .................
20
40
A-504
Overall Exhibition
Booth Arrangement ............
20
40
A-505
Details ......................
40
100
A-506
Special Conditions ...........
40
100
SHOP DRAWING REVIEW Z CONSTRUCTION OBSERVATION:
..............................
640
ESTIMATED TOTAL HOURS 116 570 1,180 640
HOURLY RATE S 100 65 40 50
FEES $11,600 37,050 47,200 329000
TOTALARCHITECTURAL FEE..............................................5127,850
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