HomeMy WebLinkAboutR-85-1235J-85-1199 it
4
RESOLUTION NO. "IL235
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 RODRIGUEZ KHULY QUIROGA
ARCHITECTS TO PROVIDE PROFESSIONAL SERVICES
RELATED TO THE DESIGN DEVELOPMENT PLAN AND
DESIGN CRITERIA MANUAL FOR SW LOTH STREET FROM
SW 1ST AVENUE TO BR ICKELL AVENUE.
WHEREAS, the Brickell loth Street Promenade was first recommended in the
Brickell Station Area Design and Development (SADD) Plan, approved by the City
Commission on April 23, 1981; and
WHEREAS, the design standards are needed now so that any private
1
development that is initiated will be implemented in harmony; and
WHEREAS, the Capital Improvement Fund FY 1985 has an allocation of
$48,000 of which $39,000 is derived from the Capital Improvement Funds
Interest Income and $9,000 from the Miley Property rent for the purpose of
conducting the study; and
WHEREAS, by Resolution No. 85-417, dated April 11, 1985, the City
Commission authorized the issuance of a Request for Letters of Interest for
consulting services; designating the applicable professional services as a
Category "B" project; and appointing Sergio Rodriguez, Director of the
Planning Department, as chairperson for the Consultant Competitive Selection
negotiation committee in accordance with Section 18-52.3 of the City Code; and
WHEREAS, CITY, through public advertisement and direct mailing,
solicited expressions of interest from qualified consultants; and
WHEREAS, the Consultant Competitive Selection Committee along with the
Certification Committee evaluated the qualifications of those who responded to
—, - -
the City's Request for Letters of Interest, and selected the firms most
qualified according to the selection criteria set forth in the Request for
Letters of Interest to provide professional planning, architectural,
engineering and landscape architectural services for the preparation of a
Design Development Plan and Design Criteria Manual for Brickell loth Street
Promenade, all in accordance with the State of Florida's Consultant
Competitive Negotiations Act, enacted by the Legislature of Florida, July 1,
.. yV
1973, and by the City of Miami Ordinance #8965, July 23, 1979; and
"-
WHEREAS, the City Commission by Resolution No. 85-1008 on September 26,
1985, approved the Consultant Competitive Selection Committee's recommendation
qr
CITY COMVTISSION
'
MEETING OF
DEC 19 1985
RESOLUTION No.
4 4
to provide, along with its designated subconsultants, professional planning
architectural, engineering and landscape architectural services for the Design
Development Plan and Design Criteria Manual of SW loth Street from SW 1st
Avenue to Brickell Avenue and authorized the City Manager to negotiate a
Professional Service Agreement with Rodriguez Khuly Quiroga, Architects; and
WHEREAS, the Agreement, in a form acceptable to the City Attorney,
between the City of Miami and Rodriguez Khuly Quiroga, Architects was
negotiated in a fair and reasonable manner;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM1,
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 Rodriguez Khuly Quiroga, Architects, to provide professional
services related to the Design Development Plan and Design Criteria Manual for
SW loth Street from SW 1st Avenue to Brickell Avenue, using previously
allocated funds to cover the cost of such services.
PASSED AND ADOPTED this 19th day of December ,
1985.
ATTEST:
REVIEWED AND APPROVED BY:
11�"4'
CHIEF DEPUTY CITY ATTORNEY
APPROVED
FORM AND CORRECTNESS:
8"'-1235
CITY OF MIAMI. FLORIDA
INTER-OFFICEMtMORANOUM 47
TO. Honorable Mayor and Members
of the City Commission
FROM Odl o
Cesar H.
City Manager k,
DATE: DEC 12 lwb 1"Lt:
SUBJECT Brickell loth Street Promenade
Authorization to Execute Agreement
REFERENCES f or City Commission Meeting
December 19, 1985
ENCLOSURES:
It is recommended that the City Manager be
authorized to execute the negotiated agreement,
in a form acceptable to thi LIty Attorney,
between the City and Rodriguez Khuly Quiroga,
Architects to provide professional services
re'-iate`a to the preparation of a es gn
Development . Plan and Design Criteria Manual for
SW loth Street from SW 1st Avenue to Brickell
Avenue, using previously allocated funds to
cover the cost of such services.
The Planning Department is seeking approval of the negotiated professional
services agreement, in substantially the form attached hereto, related to the
Design Development Plan and Design Criteria Manual for SW loth Street from
SW 1st Avenue to Brickell Avenue.
By Resolution No. 85-417 passed by the City Commission on April 11, 1985, the
Consultant Selection process was initiated by designation of said project as a
Category "B" Project. On September 26, 1985, by Resolution No. 85-1008 the
City Commission approved the Consultant Competitive Selection Committee's
recommendations, and authorized the City Manager to negotiate an Agreement
with Rodriguez Khuly Quiroga, Architects to provide services along with the
designated subconsultants.
The negotiated agreement, in a form acceptable to the City Attorney has been
signed by the consultant, favorably reviewed by the Law Department, and now
requires ratification by the City Commission. An explanation of the fee for
professional services and the tasks required for the project accompany the
agreement.
Funding for the entire project is derived from the FY'85-86 Capital
Improvement Funds ($39,000.00) and from the Miley Property rent ($9,000.00).
CHO/SR
PROFESSIONAL SERVICES AGREEMENT
i
M
THIS AGREEMENT entered into this e-�+ day of
1985, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida, hereinafter referred to as
"CITY"; and RODRIGUEZ KHULY QUIROGA ARCHITECTS, CHARTERED, hereinafter
referred to as "PRINCIPAL".
RECITAL
WHEREAS, the Brickell loth Street Promenade was first recommended in the
Brickell Station Area Design and Development (SADD) Plan, approved by the City
Commission on April 23, 1981; and
WHEREAS, the design standards are needed now so that any private and
public development that is initiated will be implemented in harmony; and
WHEREAS, the Capital Improvement Fund FY 1985 has an allocation of
$48,000 of which $39,000 is derived from the Capital Improvement Funds
Interest Income and $9,000 from the Miley property rent for the purpose of
conducting the study; and
WHEREAS, by Resolution No. 85-417 passed and adopted on April 11, 1985,
the City Commission approved the designation of professional services for the
preparation of a design development plan and Design Criteria Manual as a
Category "B" Project and appointed Sergio Rodriguez, Director, Planning
Department as Chairperson for the Consultant Selection Committee in accordance
with Section 18-52.3 of the City Code; and
WHEREAS, CITY, through public advertisement and direct mailing, solicited
expressions of interest from qualified consultants; and
WHEREAS, the Consultant Competitive Selection Committee along with the
Certification Committee evaluated the qualifications of those who responded to
the City's Request for Letters of Interest, and selected the firms most
qualified according to the selection criteria set forth in the Request for
Letters of Interest to provide professional, architectural, engineering and
landscape architectural services for the preparation of a Design Development
Plan and Design Criteria Manual for Brickell loth Street Promenade, all in
accordance with the State of Florida's Consultant Competitive Negotiations
Act, enacted by the Legislature of Florida, July 1, 1973, and by the City of
Miami Ordinance #8965, July 23, 1979; and
85 -1235
11 T
WHEREAS, the City Commission passed and adopted Resolution No. 85-1008
on September 26, 1985, accepting the Competitive Selection Committee's
recommendation for award, and authorizing the City Manager to negotiate an
agreement with the firm of Rodriguez Khuly Quiroga Architects, Chartered, for
professional services required to provide a Design Development Plan and Design
Criteria Manual for Brickell loth Street Promenade; and
NOW, THEREFORE, CITY and PRINCIPAL for the consideration hereinafter set
forth, agree and covenant one unto the other as follows:
SECTION I - TERM
The term of this Agreement shall be from December 19, 1985 through June
17, 1986.
SECTION II - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances and codes
of federal, state and local governments.
SECTION III - GENERAL CONDITIONS
A. All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be
delivered by personal services, or by registered 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 PRINCIPAL
Sergio Rodriguez, Director
Planning Department
275 N. W. 2 Street
Miami, FL 33128
Rodriguez, Khuly Quiroga,
Architects
4440 Ponce de Leon Boulevard
Coral Gables, FL 33146
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.
0. 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.
-2-
C
S'-1235
T
E. Should any provisions, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the
City of Miami, such provisions, paragraphs, sentences, words or
phrases shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable to
conform with such laws, then same shall be deemed severable,
and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
SECTION IV - GENERAL
A. PRINCIPAL and CITY are fully aware of the SCHEDULE OF WORK
requirements as defined under Section VI SCHEDULE OF WORK and
will therefore proceed with all diligence to carry out the WORK
to meet such requirements. PRINCIPAL shall proceed with all
applicable dispatch in a sound, economical, efficient and
professional manner, to the timely preparation of all the
necessary documents for the preparation of a Design Development
Plan and Design Criteria Manual.
B. PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the
instructions of CITY.
C. CITY has budgeted the amount of $48,000.00 for the total cost
of the PROJECT, as follows:
I. $45,500.00 for planning and design services FEE, for the
PRINCIPAL.
2. $2,500.00 for final PROJECT printing and advertisement
costs.
D. CITY agrees to pay and the PRINCIPAL agrees to accept as
payment in full for all professional and technical services
rendered, as outlined in SECTION III - PROFESSIONAL SERVICES
thereof, the progress payment fee of Forty Five Thousand Five
Hundred Dollars ($45,500.00).
SECTION V - DEFINITIONS
A. CITY - is hereby defined as the City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of CITY.
- 3-
S&S' -1235
C. PRINCIPAL - is hereby defined as Rodriguez Khuly Quiroga
Architects, Chartered, 4440 Ponce De Leon Boulevard, Coral
Gables, Florida, 33146. Phone: (305) 448-7417.
D. PROJECT - is hereby defined as the detailed design/development
of loth Street between S. W. 1st Avenue and Brickell Avenue and
the preparation of a Design Criteria Manual with standards and
guidelines for public and private development in the area, as
indicated on Exhibit "A".
E. PROJECT MANAGER - is hereby defined as the Manager of the
PROJECT for CITY.
F. SUPERVISION - PRINCIPAL shall be under the general supervision
of the Planning Department Director and under the direct
supervision of the PROJECT MANAGER appointed by the Planning
Department Director.
G. WORK - is hereby defined as all the professional and technical
services to be rendered or provided by PRINCIPAL for the
PROJECT, as described in SECTION III - PROFESSIONAL SERVICES
hereof.
H. FEE - is hereby defined as the amount of money the CITY agrees
to pay and PRINCIPAL agrees to accept as payment in full for
all the professional and technical services rendered pursuant
to this Agreement to complete the WORK as further defined in
SECTION III - PROFESSIONAL SERVICES, hereof.
I. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as the
straight -time portion of wages and salaries subject to Federal
Income Tax of the PRINCIPAL's technical personnel (including.
but not limited to Principals, Architects, Engineers, Landscape
Architects, Pl-anners, Designers, Drafting Staff, Specification
Writers and Technicians, etc., ) engaged directly on the
PROJECT. The DIRECT TECHNICAL SALARY EXPENSE charge against
PROJECT for any personnel, including PRINCIPALS and/or the
PRINCIPAL's designated specialists shall not exceed THIRTY-FIVE
AND NO/100 DOLLARS ($35.00) PER HOUR, plus payroll burden which
is not to exceed TWENTY-THREE PERCENT (23%).
J. EXHIBIT "A" - is hereby defined as PROJECT AREA, which shows
the B rickell loth Street Promenade Project Area in its entirety
and which shows the boundaries of the PROJECT to be planned
-4-
under this Agreement.
S5-1235
SECTION
VI - PROFESSIONAL SERVICES
A•
PRINCIPAL and its specialists shall work primarily in close
coordination with designated staff from the City of Miami
Planning Department and as well as the Department of Public
Works. Other CITY departments will also be involved on an as -
needed basis.
B.
PRINCIPAL in close coordination with the CITY shall perform the
following professional and technical services comprising the
WORK and shall be fully responsible for all the professional
and technical aspects thereof. 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 term is used in this Agreement,
the phraseology shall in no way relieve the PRINCIPAL from any
duties or responsibilities under the terms of this Agreement
and from using the best professional architectural,
engineering, landscape architectural and other necessary
services and practices.
C.
PRINCIPAL shall, in the preparation of the Plans and Design
Guidelines, comply with all Federal, State and Local Codes,
ordinances and regulations pertaining to the design of the
PROJECT. Attention is invited to the Federal Wage -Hour Law,
Walsh -Healy Act, The Occupational Safety and Health Act, the
National Environmental Policy Act and Equal Opportunity
Legislation.
D.
PRINCIPAL and its Specialists shall, throughout the course of
this PROJECT, particularly in the initial design stages, work,
along with CITY, with members from designated community groups,
and include their input in the overall.design process.
E.
PRINCIPAL and its Specialists shall be prepared with the
r.
appropriate documents to attend, and participate in, along with
CITY, various meetings as appropriate during the course of the
PROJECT. Prior to all meetings PRINCIPAL shall confer with the
PROJECT MANAGER and related staff to review and approve all
r
documents to be presented to the public. These meetings shall
..
include:
- 5-
8`-1235
1. Meetings with Public Works and various City Departments
with concerns in the area.
2. Meetings with Dade County concerning the proposed Metro
Mover.
3. Meetings with representatives of property owners in the
project area.
4. PRINCIPAL shall assist CITY in presentations to the
PLANNING ADVISORY BOARD and CITY COMMISSION for the
adoption of the plan.
F. PRINCIPAL shall carry out the responsibilities under the terms
of this Agreement; however, CITY shall have the right to take
possession of, and use any completed or partially completed
portion of the PROJECT, notwithstanding the fact that the time
for completing the entire PROJECT or such portions may not have
expired, but such taking possession and use shall not be deemed
as acceptance of any work not completed and it shall in no way
relieve PRINCIPAL of any of the responsibilities under the
terms of this Agreement.
During all Phases, PRINCIPAL shall act as his own
representative to CITY in all matters pertaining to the
PROJECT.
G. SCOPE OF SERVICES -
PROGRAM DEVELOPMENT AND PLANNING PHASE
TASK 1. - SURVEY AND ANALYSIS
1.1 The project area - South Tenth Street from B rickell
Avenue to the Brickell Transit Station and the abutting
private and public properties shall be surveyed
generally to determine:
1.1.1- location, size and type of existing shade and
palm trees.
1.1.2- location of historic structures.
1.1.3- location, size and type of underground and
overhead utility services.
1.1.4- grade elevations at centerline and side base
building lines at 100 foot intervals for the
length of the project area.
- 6-
5
8`-1235
A10
1.1.5- location and use/design of ,.xisting major
structures and pedestrian/vehicular entrances
thereto.
1.2 Background information defining the projected use of
the area shall be collected and analyzed as to project
design impacts including:
1.2.1- Existing and proposed bus routes and public
transit service to the area and loth Street and
the Brickell Transit Station in particular.
1.2.2- Projected levels of development floor area
construction and consequent trip generations for
pedestrians and vehicles for abutting Tenth
Street properties.
1.2.3- Projected utility expansion and reconstruction
needs as determined by Miami Public Works and
public utility companies.
1.2.4- Projected road improvements and traffic
operation changes for the area.
1.3 A base map of the project area shall be prepared which
shall include the existing platted street centerline
and base building lines, platted lot lines, existing
private and public structures likely to remain,
vegetation likely to remain, important development
features external to the area which will have an impact
on the project (the Brickell Transit Station and site
circulation features, potential linkages or extensions
to the east of Brickell Avenue, full intersection
geometrics for North -South Avenues.)
TASK 2. - PROGRAM DEVELOPMENT
2.1 Based upon the above Task 1 survey and analysis, an
operational program for the Tenth Street facility shall
be defined and shall include:
2.1.1- A definition of the primary and secondary roles
that the Brickell Promenade facility will
perform with specific determinations as to
priorities for pedestrian movements, transit
-7-
S5-1235
vehicle movements, service vehicle activities,
emergency vehicle services, private automobile
access and movement and bicycles.
2.1.2- Determination of the appropriate type(s) of
public transit service (Metro Bus, Shuttle Bus,
People Mover, Special Transit Vehicles) to be
located within the Tenth Street facility.
2.1.3- Preliminary determination of a management
program for the Tenth Street facility that
addresses potential controlled access by time of
day or day of week for each of the modes and
activities determined to be appropriate to the
facilities' function.
2.2 A general program defining functional objectives for
the private front setback areas of adjacent development
sites shall be prepared. Relationships of private
setback areas to the Tenth Street facility and to
adjacent private properties on either side shall be
defined as objectives for subsequent design guidelines.
2.3 Additional design objectives for the use of public
space within the Tenth Street corridor shall be defined
to include but not be limited to social 'gathering
space, ceremonial activities, retail activities as
extensions of interior space, market activities,
entertainment, exhibits and passive recreational
activities.
SCHEMATIC DESIGN PHASE
TASK 3. - ALTERNATIVE DESIGN CONCEPTS
3.1 Based upon objectives and criteria established in TASKS
1 and 2, schematic alternatives for the placement,
width, connections and function of pedestrian, service,
and traffic systems within the Tenth Street right-of-
way shall be developed.
3.2 In coordination with schematic alternatives in 3.1,
design alternatives for treatment of landscaping,
paving, amenity features, lighting and furniture shall
be conceptually evaluated.
-8-
85 -1235
3.3
Concepts for design themes for unifying and creating
"sense -of -place" distinctions for the loth Street
facility shall be graphically illustrated. Design
concepts may include use of lighting elements,
furniture, special amenity features or paving
treatments as a means of establishing a theme or
signature design statement.
3.4
Design concepts for establishing continuity of visual
form and function for private setback areas as
extensions of public street environment shall be
graphically illustrated.
DESIGN/DEVELOPMENT PHASE
TASK 4
- FINAL DESIGN - 10TH STREET
4.1
Drawings and detailed specifications shall be prepared
to a "Design Development" stage for the following
elements selected and refined from Task 3:
4.1.1- Street cross-section showing relevant dimensions
of functional areas, vertical clearances and
placement of features and hardware.
4.1.2- Plan showing facility geometry including widths,
lateral clearances, placement of utilities,
furniture, placements, design features, transit
stops, boarding zones, intersection dimensions,
curbs if any, service access points, and typical
driveway treatments if any.
4.1.3- Design criteria and specifications for facility
components including paving materials and
r
patterns, surface loads and tolerances, and edge
treatments at buildings and between functional
zones; landscaping including materials, sizes,
placement, planters, trees to be retained/moved,
irrigation and drainage; lighting systems and
hardware to include lighting for intersections,
pedestrians, security, building facades, safety,
traffic signal hardware and decorative systems;
street furniture including seating, trash
-9-
i
85 -1235
IT
receptacles, telephones, f 0 111 �17,ins, signage,
newspaper racks, mailboxes, bicycle racks,
planters, traffic signal cabinets and vendors
carts.
4.1.4- Design criteria and specifications for drainage
including surface sheet flow, catch basin, tree
drainage (irrigation); utilities including
facility adjustments and moves required, vault
locations, methods for utility repair or
replacement vis-a-vis proposed paving systems
and potential disruption or damage thereto, and
fire hydrants and hose bibs for street
maintenance/cleaning.
4.1.5- Specifications and criteria for design of
facilities, surfaces, signage, and access for
handicapped.
4.1.6- Specifications and criteria for "worst case"
emergency vehicle access and operation
requirements.
4.2 Design Guidelines and Standards for Design of Private
property shall be developed in manual form to address
the following elements:
4.2.1- The design of setback areas between the building
face and public right-of-way including
specifications for materials, hardware,
lighting, furniture, paving, landscaping,
minimum clearances, pedestrian and vehicular
access facilities, and service access.
4.2.2- The design of building facades reflecting
considerations for retail continuity, details,
human scale, lighting,- shading, signage,
entrance features, transparency of walls, and
relationships to adjacent properties.
4.3 Management and Promotional guidelines, procedures and
organization for continuing operation, promotion and
maintenance of the Tenth Street Facility shall be
defined in the form of a report addressing:
-10-
is
85-1235
r�r..
4.3.1- A structure for long term management services.
4.3.2- Funding strategies for supporting maintenance
and management costs.
4.3.3- Relationships to property owners and business
associates.
4.3.4- Roles of local government in management, funding
and maintenance.
4.3.5- Potential programmatic options for promotion,
public events, and activity amenities.
SECTION VII - CITY'S SERVICES AND RESPONSIBILITIES
CITY shall furnish PRINCIPAL with the following services and information
from existing CITY records and CITY files:
A. CITY shall provide information regarding its known requirements
for the PROJECT.
B. CITY shall furnish all applicable base maps, surveys, aerial
photos, planning studies, capital improvement information,
utility and underground maps, and data from existing records on
file in the Department of Public Works and Planning of the
CITY pertaining to the project area; and information concerning
available service utility lines both public and private.
PRINCIPAL shall not be held responsible for the completeness or
accuracy of City -supplied information.
C. CITY shall be responsible for notification, scheduling, and
meeting space arrangements for meetings related to the PROJECT
involving CITY, PRINCIPAL and others as necessary.
D. CITY shall appoint a PROJECT MANAGER to act as liaison between
CITY and PRINCIPAL, and PRINCIPAL shall not start work nor
incur any expenses for any Phase of the WORK, special
conditions or change orders without having received written
authorization from CITY's PROJECT.MANAGER to do so. Nothinq
contained herein shall relieve PRINCIPAL of any responsibility
as provided under this Agreement.
SECTION VIII - COMPENSATION FOR SERVICES
A. CITY shall pay CONSULTANT, as maximum compensation for the
:p
s.. services required pursuant to FORTY FIVE THOUSAND FIVE HUNDRED
DOLLARS ($45,500.00).
-11-
85-1235
10
B.
Such compensation
shall be
paid on the following oasis:
At the End
Percentage
Accumulated
of Phase
of Fee
Payment
Payments
I.
Program
25%
$11,375
$11,375
Development and
Planning Phase
2.
Schematic Phase
35%
$15,925
$27,300
3.
Design Dev.
40%
$18,200
$45,500
Phase
SECTION IX - SCHEDULE OF WORK
PRINCIPAL agrees that time is of the essence and further agrees to
execute the WORK promptly, diligently and only upon, and in strict conformance
with, specific authorization from the PROJECT MANAGER in writing. CITY shall
endeavor to complete all functions related to review and approval of the
various phases within fourteen (14) calendar days of receipt of submissions.
It is understood and agreed by both parties that the following schedule for
the WORK will be strictly followed by PRINCIPAL and CITY:
A. Program Development and Planning Phase
PRINCIPAL shall complete the Program Development and Planning
Phase within Sixty (60) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
I Phase.
B. Schematic Design Phase
PRINCIPAL shall complete the Schematic Design Phase within
Sixty (60) calendar days after receipt of written authorization
from the PROJECT MANAGER to begin WORK on this Phase.
C. Design Development Phase
PRINCIPAL shall complete the Design Development Phase within
Sixty (60) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
D. Time For Performance
In the event PRINCIPAL is
unable to meet the
above schedule, or
complete the above services
because of delays resulting from
;s
Acts of God or untimely
review and approval
by CITY and other
governmental authorities
having jurisdiction
over the PROJECT,
y
and such delays are.npt caused
by PRINCIPAL,
CITY shall grant a
reasonable extension of
time for completion
of the WORK. It
r
-12-
R
85-1235
Shall be the responsibility of PRINCIPAL to notify CITY
promptly in writing whenever a delay in approval by any
governmental agency is anticipated or experienced, and to
inform CITY of all facts and details related to the delay.
E. If any of the following services are required of PRINCIPAL and
cause PRINCIPAL extra expense CITY shall after providing
written authorization to PRINCIPAL, pay PRINCIPAL at a rate of
two and one-half (2.5) times Direct Technical Salary Expense,
as defined in this Agreement, for those services rendered:
1. Revising previously approved program, drawings and/or
specifications to accomplish changes by the CITY.
2. Prepare documents if requested by the CITY for additional
services not in the scope of services.
SECTION X - TERMINATION OF AGREEMENT
CITY retains the right to terminate this Agreement at any time prior to
completion of the WORK without penalty to CITY. In that event, termination of
this Agreement shall be in writing to PRINCIPAL and PRINCIPAL shall be paid
for services rendered in each completed Phase prior to termination in
accordance with SECTION V - COMPENSATION FOR SERVICES, provided however that
PRINCIPAL is not in default under the terms of this Agreement. If, however,
the termination of this Agreement occurs during an incomplete PHASE, then
PRINCIPAL shall be paid at the rate of two and one-half (2.5)times Direct
Technical Salary Expense for those services rendered in Phase provided, that
the PRINCIPAL is not in default under the terms of this Agreement. In no
case, however, will CITY pay PRINCIPAL 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, plans, etc.,
as set forth in SECTION XI shall become the property of the CITY, with the
same provisions of use as set forth in said SECTION XI.
SECTION XI - PRINCIPAL'S SPECIALISTS
PRINCIPAL proposes to have the following specialists, either from his
organization or as his consultants or associates to perform the services
indicated:
A. Urban Design & Planning
B. Architecture
-13-
8S -1235
C. Civil Engineering
i
D. Landscape Architectural
Selection of PRINCIPAL by the Competitive Selection Committee was based,
in part, on the qualifications and expertise of the following urban,
landscape, engineering, architectural and planning firms proposed as the
designated specialists. The CITY hereby approves the following firms to
provide consulting services for the PROJECT, as subcontractors to PRINCIPAL:
Design Development Resources
Eisenman/Robertson
560 Fifth Avenue
New York, NY 10036
Hannah/Olin
2020 Chestnut Street
Philadelphia, Pennsylvania
McDonald -Johnson -Helmick Associates, Inc.
3000 Biscayne Boulevard, Suite 100
Miami, Florida 33137
Urban Design/Planning
Management Strategies
Landscape Architecture
Engineering
PRINCIPAL shall negotiate a fair and equitable agreement with each of the
designated specialists and furnish CITY with a copy of each sub -contract
agreement
in a timely manner. PRINCIPAL may
choose
additional
specialists,
for which
prior written approval from CITY
must be
obtained,
but may not
exclude those originally designated without an acceptable written request to
CITY, submitting the reasons for said termination.
PRINCIPAL will be responsible for all the work of his organization, and
that of his consultants or specialists. Nothing contained in this -Agreement
shall create any contractual relationship between any of the consultants
and/or specialists working for PRINCIPAL, and CITY. It shall be understood
that PRINCIPAL is in no way relieved of any responsibility under the terms of
this Agreement by virtue of any other professional who may associate with him
in performing the WORK.
SECTION XII - OWNERSHIP OF DOCUMENTS
All documents developed by the PRINCIPAL under or as a result of this
Agreement shall be delivered to CITY by PRINCIPAL upon completion of the
services •required pursuant to this Agreement and shall become the property of
CITY, without restriction or limitation on its use. PRINCIPAL agrees that all
documents maintained and generated pursuant to this contractural relationship
between CITY and PRINCIPAL shall be subject to all provisions of the Public
Records Laws, Chapter 119, Florida Statutes. PRINCIPAL shall not be liable
for possible damages resulting from C ITY's use of the documents on any other
project.
-14-
85 -1235
It is further understood by and between the partie.,".nat any information,
writings, maps, contract documents, reports, or any other matter whatsoever
which is given by CITY to PRINCIPAL pursuant to this Agreement shall at all
times remain the property of CITY and shall not be used by PRINCIPAL for any
other purpose whatsoever without the written approval of CITY.
It is further understood that no press releases or publicity is to be
issued by PRINCIPAL without prior submittal to CITY and written approval from
the CITY.
SECTION XIII - AWARD OF AGREEMENT
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 resulting from the award of this Agreement.
SECTION XIV - RIGHT TO AUDIT
CITY reserves the right to audit the records of CONSULTANT at any time
during the performance of this Agreement and for a period of one year after
final payment is made under this Agreement.
SECTION XV- CONFLICT OF INTEREST
A. CONSULTANT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests, direct or indirect,
with CITY. CONSULTANT further covenants that, in the performance of
this Agreement, no person having such conflicting interest shall be
employed. ANy such interests on the part of CONSULTANT or its
employees, must be disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of the City of
Miami (City of Miami Code Chapter 2, Article V), Dade County FLorida
(Dade County Code Section 2-11.1) and the State of Florida, and
agrees that it shall fully comply in all respects with the terms of
said laws.
SECTION XVI - ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto relating to said grant and correctly sets
forth the rights, duties and obligations of each to the other as of its date.
Any prior agreements, promises, negotiations, or representations not expressly
set forth in this Agreement are of no force or effect.
-15-
8"-1235
.r,
SECTION XVII- AMENDMENTS A
F
No amendments to this Agreement shall be binding on either party unless
in writing and signed by both parties.
SECTION XVIII - NONDELEGABILITY
That the obligations undertaken by CONSULTANT pursuant to this Agreement
shall not be delegated or assigned to any other person or firm unless CITY
shall first consent in writing to the performance or assignment of such
service or any part thereof by another person or firm.
SECTION XVIX - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
SECTION XX - TRUTH IN NEGOTIATIONS
PRINCIPAL hereby certifies that wage rates and other factual unit costs
supporting the compensation are accurate, complete and current at the time of
contracting and that the original contract price and any additions thereto
shall be adjusted to exclude any significant sum where CITY determines the
contract price was increased due to inaccurate, incomplete or non -current
wage rate and other factual unit cost. Such adjustment shall be made within
one year following the end of the Contract.
SECTION XXI - INDEMNIFICATION
PRINCIPAL shall indemnify and save CITY harmless from and against any and
all claims, liabilities, losses and causes of action which may arise out of
CONSULTANT'S activities under this Agreement, including all other acts or
omissions to act on the part of the CONSULTANT including any person acting for
'.x or on its behalf and, from and against any orders, judgments, or decrees which
may be entered and from and against all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claims, or in the
r
investigation thereof.
SECTION XXII - RIGHT OF DECISIONS
All services shall be performed
by PRINCIPAL to the satisfaction of the
PROJECT MANAGER who shall decide all
questions, difficulties
and disputes of
Sf
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
pQN,
all claims, questions of fact, and
disputes shall be final,
conclusive and
4
binding upon the parties hereto,
unless such determination is clearly
-16-
851235
arbitrary or unreasonable. In the event that PRINCIPAL does not concur in
the judgment of the PROJECT MANAGER as to any decision made, PRINCIPAL shall
advise the PROJECT MANAGER of his 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
PRINCIPAL 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 XXIII - NON-DISCRIMINATION
A. PRINCIPAL shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex
national origin or handicap in connection with its performance
under this Agreement. In the event of PRINCIPAL's non-
compliance with this Section of this contract, this contract
may be cancelled or terminated or suspended in whole or in part
and PRINCIPAL may be declared ineligible for further City
contracts.
B. The PRINCIPAL will, in all solicitations or advertisements for
employees placed by or on behalf of the PRINCIPAL, state that
all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex,
national origin or handicap.
C. Furthermore, that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
SECTION XXIY - CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and
,_
continued authorization for program activities and is subject to amendment or
termination due to lack of funds, and/or change in regulations.
SECTION XXY - MINORITY PROCUREMENT COMPLIANCE
Principal acknowledges that it has been furnished a copy of Ordinance No.
9775, the Minority Procurement Ordinance of the City of Miami, and agrees to
�z.,.• .'�j.
comply with all applicable substantive and procedural provisions therein
{
-17-
including any amendments thereto.
Sv 123S
W. PW
SECTION XXVI i DEFAULT eROVISION
In the event that CONSULTANT shall fail to comply with each and every
term and condition of this Agreement or fails to perform any of the terms and
conditions contained herein, then CITY, at its sole option, upon written
notice to CONSULTANT may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to CONSULTANT by CITY while
CONSULTANT was in default of the provisions herein contained, shall be
forthwith returned to CITY.
SECTION XXVII - INDEPENDENT CONTRACTOR
PRINCIPAL, its Specialists and its employees and agents shall be deemed
to be independent contractors, and not agents or employees of the CITY, and
shall not attain any rights or benefits under the Civil Service or Pension
Ordinances of City, or any rights generally afforded classified or
unclassified employees; further he/she shall not be deemed entitled to Florida
Worker's Compensation benefits as an employee of the CITY.
SECTION XXVIII - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed and
enforced according to the laws of the State of Florida.
IN WITNESS WHEREOF the parties hereto have, through their proper
officials, executed this Agreement, the day and year first set forth:
ATTEST: PRINCIPAL: Rodriguez Khuly
Quiroga Architects
/% Chartered
ATTEST:
a y Hirai, City Clerk
Approved as to form and
Correctness:
Lucia A. Dougherty
City Attorney
VICE.
BIs15
on
(Signature hand Seal )
THE CITY OF MIAMI (a Municipal
Corporation of the State of Florida)
Cesar H. Udio, City Manager
8"t -1235
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Rodriguez Khuly Quiroga Architects
Chartered has examined terms, conditions and obligations of the proposed
contract with the City of Miami for architectural engineering and landscape
architectural services;
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the by-laws of the corporation; --.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Rodriguez
Khuly Quiroga Architects Chartered, that the president and secretary are
hereby authorized and instructed to enter into a contract in the name of, and
on behalf of this corporation, with the City of Miami for Development Plans
and Design Criteria Manual for Brickell loth Street Promenade, in accordance
with
the
contract documents furnished by
the City
of Miami, and
for the
price
and
upon the terms and payments
contained in
the proposed
contract
submitted by the City of Miami.
IN WITNESS WHEREOF, this 1.- day of
1985.
WITNESS: CHAIRMAN, Board of Directors
41
85 -1235
ltwa4old
U
AFFIDAVIT
City of Miami
Department of Law
169 East Flagler Street
Suite 1101
Miami, Florida 33131
TO WHOM IT MAY CONCERN:
This is to certify that Antonio M. Quiroga is authorized to make and sign
contracts and agreements by or on behalf of Rodriguez Khuly Quiroga Architects
Chartered.
Antonio M.-Quirjrga, Sec. a
Treas., Rodriguez Khuly
Architects Chartered
4440 Ponce de Leon Boulevard
Coral Gables, FL 33146
SWORN TO AND SUBSCRIBED
before me this 17 day
of 1985
n
41b
inn i- NUNN
NOW
lilt, nu —n n min
�� n Hill IIn mia
iu� nmm
KAM
1111111m
moll",
I
mill
''� : :III= � � �
1,4
"O
k
\ Lol
s?,
'"
ATTACHMENT A
BRICKELL 1 Oth STREET PROMENADE
0 200 400
IL
85-1235
f