HomeMy WebLinkAboutR-85-0814;-754
RESOLUTION NO. 85-814
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 JOSEPH MIDDLEBROOKS
A14D ASSOCIATES TO PROVIDE
PROFESSIONAL SERVICES RELATED TO
THE DESIGN AND CONSTRUCTION OF THE
NORTH DISTRICT POLICE SUBSTATION
PROJECT, USING PREVIOUSLY ALLOCATED
FUNDS TO COVER THE COST OF SUCH
I SERVICES.
WHEREAS, to more effectively combat crime and improve
professional law enforcement services to the community, the
City of Miami proposes to develop a Police Substation in the
North District; and
WHEREAS, the City Commission, on January 26, 1984,
approved Ordinance #9787 authorizing the issuance, subject
to the Special Municipal Election of March 13, 1984, of
$20,000,000 for Police Headquarters and Crime Prevention
Facilities General Obligation Bonds, for the purpose of
funding various improvements; and
WHEREAS, the voters of the City of Miami, at the
Special Municipal Election on March 13, 1984, provided for
by Ordinance #9788 passed and adopted on January 26, 1984,
approved the levy and collection of ad valorem taxes to pay
for such bonds; and
WHEREAS, by Resolution No. 84-1277, passed and adopted
on November 8, 1984, the City Commission approved the
designation of the planning and design services for the
development of the Police Substation for the North District
as a Category "B" project, and appointed John E. Gilchrist,
Assistant to the City Manager, Special Projects Task Force,
as Chairperson for the Consultant Competitive Selection
Committee, in accordance with Ordinance No. 8965; and
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MISSION
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JUL 25 1985
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WHEREAS, the 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 Is Request
for Proposals, and selected the firms most qualified to
provide professional, architectural, engineering and
landscape architectural services for the development of the
Police Substation for the North District, 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
WHEREAS, The City Commission by Resolution 85-675 on
June 20, 1985, approved the Consultant Competitive Selection
Committee's recommendation of the firm most qualified to
provide, along with its designated subconsultants,
professional architectural, engineering and landscape
architectural services for the development of the North
District Police Substation and authorized the City Manager
to negotiate a professional services agreement with Joseph
Middlebrooks and Associates, Architects; and
WHEREAS, the Agreement, in a form acceptable to the
City Attorney, between the City of Miami and Joseph
Middlebrooks and Associates was negotiated in a fair and
reasonable manner:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the negotiated agreement, in a form acceptable to
the City Attorney, between the City of Miami and Joseph
Middlebrooks and Associates, to provide professional
services related to the design and construction of the North
District Police Substation Project, using previously
allocated funds to cover the cost of such services.
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85-814
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PASSED AND ADOPTED this _day of __ 1985•
ATTEST:
`�--� RA,�;ONGIE, City 2ork
PREPARED AND APPROVED BY:
RO E T F . CL Rk
Deputy City Attorney
MAU A. R , ayor
APP ED TO FORM AND CORRECTNESS:
LUCIA A. IOUGHERTY
City Attorney
,t
ro. Honorable Mayor and
Members of the City
Commission
Sergio Pere
FROM City Manag,pf
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
34 ^�
nerr t elk r. '
SUBJECT North District Police
Substation - Authorization h
to Execute Agreement
REFERENCES, �n
For City Commission Meeting
of July 25, 1985
ENCLOSURES.
!C.
It is recommended that the
City Manager be authorized to
execute the negotiated
agreement, in a form
acceptable to the City
Attorney, between the City
and Jose h Middlebrooks and
Associates to provide
pro essional services related
to the design and
construction of the North
District Police Substation
Project, using previously
allocated funds to cover the
ti=
cost of such services.
The Special Projects Division of the Office of the City Manager is
seeking approval of the negotiated professional services agreement, il;
substantially the form attached hereto, related to the design and �=
construction of the North District Police Substation Project.
By Resolution No. 84-1277 passed by the City Commission on November 8,
1984, the Consultant selection process was initiated by designation of
the planning and design services for the North District Police
Substation as a Category "B" Project. On June 20, 1985, by Resolution
No. 85-6759 the City Commission approved the Consultant Competitive
Selection Committee's recommendations, and authorized the City Manager
to negotiate an Agreement, with Joseph Middlebrooks and Associates to
provide, along with the designated subconsultants, Emilio J. Hospital,
P.E., Engineering; Maurice Gray and Assoc., inc. Engineering; Laura
Llerena & Associates, Inc., Landscape Architecture; Peter Blitstein,
Architecture; Wackenhut Corp., Security, architectural, engineering
and landscape architectural services for this project.
The negotiated agreement, in a f^,rm acceptable to the City Attorney,
has been signed by the consultant, favorably rev4-swed by the Law
Department, and now requiresi
ratification by the City Commisson. .:;
explanation of the fee icr professional services and the 1.-as�3 required
for the project accompany the agreement.
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Honorable Mayor and
Members of the City
Commission
Page Two
in order to monitor and control construction costs throughout the design
of the Project, this agreement requires the consultants to provide Cost
Estimates for the City's review and approval during, and at the
conclusion of each of the four phases of the project's design. This
will enable us to identify and eliminate areas of potential cost overage
as well as changes in the construction industry and market conditions.
To meet the City's demand for this level of information the Consultants
have included in their team a professional Cost Estimating Firm t-
provide the required level of expertise and accuracy.
Funding for the entire project is provided through the 1984 Police
Headquarters and Crime Prevention Facilities General Obligation Bonds as
appropriated by Capital Improvements Appropriations Ordinance No. 9939,
on December 20, 1984.
JEG/JDS/mim
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85-814
JOSEPH MIDDLEBROOKS
ASSOCIATES
ARCHITECTS- URBAN PLANNERS • INTERIOR DESIGNERS
July 17, 1985
Ms. Juanita D. Shearer
City of Miami
Special Projects Task Force
Office of the City Manager
2701 S. Bayshore Drive Suite 401
Miami, Florida 33133
Re: The North District Police Substation
Dear Ms. Shearer:
Pursuant to our meetings, I am resubmitting to you the Project
Budget sheet and the Staff and Consultants Budget sheet. Please
note that the project costs are indicated per phase and are
broken down for principal cost and staff costs. The total number
of hours estimated is 3,606 for my in-house staff. The various
engineering and consultants disciplines are also separately
shown. The total cost for architectural/engineering/special
consultant services if $315,750. The State requires Threshold
Consultant services for certain types of buildings -- an
allowance of $8,000 is indicated as part of the fee, but would
only be utilized after special authorization on a work order
basis. If this amount is used, the total requested allocation is
$323, 750.
Please note that the form for the Project Budget sheet indicates
the estimated costs per phase and a separate cost for the
consultants. Although the individual line items are not intended
to be contractual, the bottom line fee of $323,750 is contractual
and includes the allowance of $8,000 for Threshold Consultative
services.
To ensure quality cost control, a Cost Consultant was submitted
as part of the team and is included herein. This will enable the
team to ensure that the project is designed and executed within
the approved budget.
Although the negotiations have been intense, I do appreciate the
professional nature in which you approached the resolution of the
disputes and the timely manner in which you responded to the
various questions phrased.
6301 SUNSET DRIVE, SUITE 204, SOUTH MIAMI, FLA., 33143 • PHONE 13051661-7564
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85-814_
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Ms. Juanita D. Shearer
July 17, 1985
Page -2-
I do commend you for your professionalism. It is a pleasure
working with you and your colleagues -- we are ready to go, to
work.
9 ncerely,
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J ep Mid lebrooks, AIA
JM:jan
Enclosures
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85"""'8" 14_
PROTECT PUDGF.T FOR CITY OF M11AMI
NORTH DISTRICT POLICE SUBSTATION PROJECT
PROFESSIONAL SERVICES
!.' 1P Sl;M FEE:
Procrammi.ng/ Deve : opment & Planning
Schematic Design
Design Development
Construction Documents
Specifications
Bidding
Construction Administration
Record Drawings
Subtotal
Overhead & Profit 1 e-,
In-house Services
CONSULTANTS
Structural Consultant
M.E.P. Consultant
Civil Engineer Consult.nt
Landscape Architecture
Cost Consultants
Architectural Interior Design
Security/Communications
EXTRA SERVICES
Threshold Consultant
Subtotal Consultants &
Extra Services
TOTAL LUMP SUM FEE
Building Construction budget
Fixtures, Furnishing & Equip.
Contingencies
Total Project Sudiet
DATE: July 17/85
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STAFF TIME L CONSULTANTS BUDGET
PROJECT: NO. DISTRICT SUBSTATION
(POLICE DEPARTMENT)
BATE: July 17/85
N It M 13 E R H O U R S C C► S T
PHASE 19I:L111:-1 PRINCIPAL STAFF PRINCIPAL STAFF TOTAL PKTNCIPAI, STAFF To,mi.
11roq ran, m i. r i- ,' Pe v e I opryie tit. ll-
Design Development -- I i 21 57�
Construction Docrs . Z`
S pe c i f i c a r_ i c� ►� s �, I tj t�ft�;,; (L� _�-
piddinq
Corrstrur-t inn Admin. �_ j �i 57� _G�'• -'��� +^ -�''�
Record Vrawi nq s '3 1112L 112,-T P-
Jn-house services
'.ours//opt
Gverheq-jf:3 6 Profit - 150L
SUBTOTAL
T 11tti'I' S
t r u c t
Structural
Structural. Conrult_ant.
_
M.E.P. Consultant
2
Civil Engineer Consultant
I.andscapf- Architect
Cost Consultants
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Arch. Interior i ies i o!:
Sc,curi!_y/:'�mm�:nica, iot,
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�-,,i.•'� `
SUBTOTAL
TOTAL RFGUI,An SERVICES
I'.XTPA SERVICES
Threshold Consultant
SUBTOTAL CONSULTANTS t7.
& EXTRA SERVICESTOTAL
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Junaita Shearer GATE July 17, 1985 �,�E85-237
Landscape :architect III
SUBJE--- Joseph Middlebrooks &
Association Agreement
\,A ,ejandro Vilarello REFERENCES
4ssistant City Attorney
ENCLOSURES
The above referenced agreement has received initial Law
Department approval subject to the following:
1. Subject to revisions as noted on attached copy.
_ 2. Proper execution by the parties:
(a) If a Corporation
(i) Corporate resolution (seal)
(ii) Signature by authorized corporate officer
attested to by corporate secretary (seal)
(b) If not a Corporation
(i) Signature of two witnesses
3. Review and approval by the Department of Risk
Management.
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4. Final review and approval by the City Attorney.
x 5. Attachment of all necessary exhibits (i.e. those
exhibits referred to within the agreement).
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RS-217
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AGREEMENT
THIS AGREEMENT, made this day of , 1985,
A.D., by and between the CITY GF MIAMI, 3 municipal corporation
of the .3tate of Florida, hereinafter �all e3 the ::TY, and .Joseph
Middlebrooks and Associates, hereinafter call the PRINCIPAL.
WITNESSETH:
WHEREAS, to more effectively combat crime and improve
professional law enforcement services to the community, the City
of Miami proposes to develop a Police Substation in the South
District; and
WHEREAS, the City Commission, on January 26, 1984, approved
Ordinance #9797 authorizing the issuance, subject to the Special
Municipal Election of March 13, 198y, of D20,000.000 for Police
Headquarters and Crime Prevention Facilities General Obligation
Bonds, for the purpose of funding various improvements; and
WHEREAS, the voters of the City of Miami, at the Special
Municipal Election on March 13, 1984, provided for by Ordinance
#9788, passed and adopted on January 26, 1984, approved the levy
and collection of ad valorem taxes to pay for such bonds; and
WHEREAS, by Resolution No. 84-1277, passed and adopted on
November 8, 1984, the City Commission approved the designation of
the planning and design services for the development of the
Police Substation for the South District as a Category "B"
Project, and appointed John E. Gilchrist, assistant to the City
Manager, Special Projects Task Force, as chairperson for the
Consultant Competitive Selection Committee, in accordance with
Ordinance No. 8965; and
WHEREAS, the City, through public advertisement and direct
mailing, solicited expressions of interest from qualified
consultants; and
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85-814
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WHEREAS, the Consultant Competitive Selection Committee along
with the Certification Committee, evaluated the ,;ualifications of
those who responded to the City's Request for Proposals, and
selected the firms most qualified to provide professional
architectural, engineering and landscape architectural services
for the development of the Police Substation for the South
District, 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;
WHEREAS, The Commission of the City of Miami has by
Resolution No.85-675, dated June 20, 1985, approved the Consultant
Competitive Selection Committee's recommendation of the firms most
qualified to provide, along with the designated subconsulting
engineers and landscape architects, professional architectural,
engineering and landscape architectural services for the project
and authorized the City Manager to negotiate an Agreement with
Rodriguez Khuly Quiroga Architects Chartered for the complete
professional and technical services required for the Project;
NOW THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one unto
the other as follows:
SECTION I — GENERAL
A. The PRINCIPAL and the CITY are fully aware of the
SCHEDULE OF WORK requirements as defined under SECTION VI and
will therefore proceed with all diligence to carry out the WORK to
meet such requirements. The PRINCIPAL shall proceed with all
applicable dispatch in a sound, economical, efficient and
professional manner, including preparation of bidding documents
for construction as necessary, and shall comply with the
provisions of all applicable Federal, State and Local laws.
B. The PRI'4CI?AL shall perform the professional services as
hereinafter set forth and in general accordance with the
instructions of the CITY.
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85y-814
C. The CITY has budgeted the amount of t4,2a3,675.00 for the
total cost of the PROJECT, as follows:
1. $323.750.00 for design services, including:
s. $315,750 FEE for the PRINC!PAL
b. � 3,000 Special Consultants Allowance
2. $131,400 allowance for PROJECT Costs to be used on
the bass of actual expenditures for:
a. Projected Expenses for inspections, surveys,
soil investigations and related costs.
b. Incidental Expenses for testing, administration,
printing and related costs.
3• $3,535,000.00 for construction as follows:
a. $3,285,000 for CONSTRUCTION COST of the PROJECT
b. $150,000 allowance for Fixtures and Furnishings
C. $150,000 allowance for Special Equipment.
4. $213,525 for project contingencies at 5% of the
construction cost and 1.5Aof the building
construction cost of the PROJECT for Art Work.
E. The 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 FEE of Three Hundred and Fifteen Thousand,
Seven Hundred and Fifty dollars ($315,750).
SECTION II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
8. CITY MANAGER - is hereby defined as the City Manager of
the CITY.
C. PRINCIPAL - is hereby defined as Joseph Middlebrooks and
Associates, Architects: ;6301 Sunset Driuve, (S.W. 72 Street),
Suite 204, South Miami, Florida 333143. Phone: (305)661-7594
D. PROJECT - is hereby defined as the development of a
Substation for --he South District of the City of Miami, Police
Department consisting of a main buil ding with a gross area of
21,000 square feet, and a parking structure with a capacity of 165
vehicles.
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E. FRC•1 E,_'T MANAGER- is hereby defined as the Manager .f the
PROJE�T for the CITY.
F. PROJECT INSPECTOR - is hereby defined as the Inspector of
the PROJECT designated by the CITY.
1. WORK - is hereby defined as 311 the professional and
technical services to be rendered or provided by the PRINCIPAL
for the PROJECT, as described in SECTION III - PROFESSIONAL
SERVICES hereof.
H. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but it shall
not include any PRINCIPAL's fees or special consultant's fees 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.
I. FEE - is hereby defined as the amount of money the CITY
agrees to pay and the 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.
J. SPECIAL CONSULTANTS ALLOWANCE - is hereby defined as the
amount of money established by the CITY and agreed to by the
PRINCIPAL for the cost professional services related to
Threshold Inspections as may be required by FS Chapter 84-365
Section 553.79(5).
K. 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, Interior Designers, Security Consultants, Planners,
Designers, Drafting Staff, Specification Writers and Technicians,
etc.,) engaged directly on the PROJECT. THE DIRECT TECHNICAL
SALARY EXPENSE charged against the PROJECT for any personnel,
including PRINCIPALS and/or the PRINCIPAL's designated specialists
shall not exceed THIRTY-FIVE AND NO1100 DOLLARS ($35.00) PER HOUR,
plus payroll burden which is not to exceed TWENTY-THREE PERCENT
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(23%).
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L. An- WORK - is hereby defined as the A R 7 WORK to be
provided
based
on
the
scope
of the
PROJECT
as
set forth in City
Ordinance
No.
8227,
and
Dada
County
Ordinance
No.
7'�-77.
SECTION III - PROFESSIONAL SERVICES
1. The PRINCIPAL and its specialists shall work primarily in
close coordination with designated staff from the City of Miami
Police Department and the Special Projects Division of the City
Manager's Office as well as the Departments of Public Works,
Planning, and Fire, Rescue and Inspection Services. Other City
Departments will also be involved on an as needed basis.
2. The 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. 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 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 any other necessary services and practices.
3. The PRINCIPAL and its Specialists shall, throughout the
course of this PROJECT, particularly in the initial design stages,
work, along with the CITY, with members designated community
groups, and include their input in the overall design process.
4. The PRINCIPAL and its Specialists shall be prepared with
the appropriate documents to attend, and participate in, along
With the CITY, various public meetings as appropriate during the
course of the PROJECT. Prior to all meetings the PRINCIPAL shall
confer with the PROJECT MANAGER and related staff to review and
approve all documents presented to the public. These meetings
shall include:
a. Five Community Meetings for review and discussion of the
various aspects of the PROJECT.
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b. The �13nning Advisory Boar, The Zoning Board and ;Miami
-ity Commiszi,Dn for review and approval of various aspects of the
project.
c. Pre -bid and pre -construction meetings. f
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5. The Principal shall in the preparaion of Plans,
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Specifications, and all other documents pertaining to the PROJECT
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comply with all Federal, State and local codes, ordinances and
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regulations pertaining to the design of the PROJECT.
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6. The PRINCIPAL shall, throughout the course of the entire
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PROJECT advise the CITY of any adjustments to previous Cost
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Estimates which may result from changes in any aspect of the
PROJECT or from market conditions or otherwise.
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7. It shall be the obligation of the PRINCIPAL to produce a
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design which may be constructed within the Project Budget or any
subsequent revision thereof approved by the CITY. Approval by
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the CITY of the Program Development and Planning, Schematic
Design, and/or Design Development Documents includes approval of
the construction Cost Estimates unless otherwise advised,
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submitted therewith. If the Cost Estimates for any of the phases
are greater than the CITY's budgeted amount set forth in SECTION
IC, herein, the CITY may require the PRINCIPAL to revise the
documents related to that specific Phase as necessary in order to
bring the PRINCIPAL'S revised Cost Estimate within the CITY'S rt
Project Budget. The work undertaken by the PRINCIPAL in revising
the documents for the purposes of meeting the CITY'S Project
Budget shall be considered as part of the PRINCIPAL'S Basic
Professional Services at no additional fee to the CITY.
8. The PRINCIPAL shall be responsible for designing the
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Police Substation in a manner that will support and enhance the
Service Functions defined by the CITY, and allow for growth as
outlined by the CITY over a designated period of time.
A. Program Development and Planning Phase:
During the Program Development and Planning Phase, upon
receipt of written authorization from the PROJECT MANAGER, the
PRINCIPAL shall:
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b. The Manning Advisory Beard, The Zoning Board and ,Miami
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City Commission for review and approval of various aspects of the
project.
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c. Pre -bid and pre -construction meetings. C
5. The Principal shall in `he preparation of Plans,
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Specifications, and all other documents pertaining to the PROJECT
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comply with all Federal, State and local codes, ordinances and
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regulations pertaining to the design of the PRC.J"CT.
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6. The PRINCIPAL shall, throughout the course of the entire
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PROJECT advise the !CITY of any adjustments to previous Cost
Estimates which may result from changes in any aspect of the
PROJECT or from market conditions or otherwise.
7. It shall be the obligation of the PRINCIPAL to produce a
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design which may be constructed within the Project Budget or any
subsequent revision thereof approved by the CITY. approval by
the CITY of the Program Development and Planning, Schematic
Design, and/or Design Development Documents includes approval of
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the construction Cost Estimates unless otherwise advised,
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submitted therewith. If the Cost Estimates for any of the phases
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are greater than the CITY's budgeted amount set forth in SECTION
IC, herein, the CITY may require the PRINCIPAL to revise the
documents related to that specific Phase as necessary in order to
bring the PRINCIPAL'S revised Cost Estimate within the CITY'S
Project Budget. The work undertaken by the PRINCIPAL in revising
the documents for the purposes of meeting the CITY'S Project
Budget shall be considered as part of the PRINCIPAL'S Basic
Professional Services at no additional fee to the CITY.
8. The PRINCIPAL shall be responsible for designing the
Police Substation in a manner that will support and enhance the s
Service Functions defined by the CITY, and allow for growth as
outlined by the CTTY over a designated period of time.
A. Program Development and Planning Phase:
During the Program Development and Planning Phase, upon
receipt of written authorization from the PROJECT MANAGER, the
PRINCIPAL shall:
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1. Meet with the City staff involved with the operation of
current police facilities and proposed substations, and identify
the short and long term programmatic needs and zoals,, functional
requirements, environmental considerations and the initial cost
parameters for various functions.
2. Prepare a Program Analysis outlining the functional
relationships within the building and on the site in the context
of long and s'r.ort term needs and goals.
3. Prepare two (2) Diagrammatic Site Utilization Plans
showing the relative sizes and relationships of the various uses,
with preliminary cost estimates for each plan, broken down into
individual cost estimates for each item or group of items which
form a part of the plans.
4. Upon selection by the City of a "Preferred" Configuration
the PRINCIPAL shall prepare a Final Site Utilization Plan
indicating all building and site functions, circulation and all other
relationships necessary to meet the CITY'S long and short term needs
and goals based upon the priorities and other directives provided by
the CITY. This plan shall be accompanied by a final preliminary Cost
Estimate, broken down into each item or groups of items which fore,
parts of the plan.
The Program Development and Planning Phase shall be completed
when the CITY approves and accepts the Program Development and
Planning Documents.
B. Schematic Design Phase:
During the Schematic Design Phase, upon receipt of written
authorization from the PROJECT MANAGER, the PRINCIPAL, shall:
1. Prepare Schematic Design Studies, based on the mutually
agreed upon program and the Program Development and Planning
Phase, consisting of drawings and other documents illustrating the
form, scale and relationships of the PROJECT components.
2. The Schematic Design Studies shall include, but not be
limited to, location of structures, floor plans, elevations,
access and circulation, site improvements and all other elements
required to fulfill the CITY'S programmatic needs Also included
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shall be preliminary site utilities and general information
related to materials and methods of construction. The PRINCIPAL
shall prepare Cost Estimates broken down into the various elements
of the PROJECT for use in evaluating the Schematic Design Studies.
3. I'pon finalization of the configuration of the
structures and the overall site development the PRINCIPAL shall
prepare a Schematic Development Master Plan and final Cost
Estimate.
The Schematic Design Phase shall be completed when the CITY
approves and accepts the Schematic Design Documents.
C. Design Development Phase:
During the Design Development Phase, upon receipt of written
authorization from the PROJECT MANAGER, the PRINCIPAL shall:
1. Prepare Design Development Documents consisting of plans,
sections, elevations, interior layouts and other drawings, as well
as outline specifications, all in order to fix and illustrate the
size and character of the entire PROJECT in its essentials, as to
location, kinds of material, types of structures, utilities,
mechanical and electrical systems, and site improvements,
including planting, paving, lighting and other site amenities.
2. Prepare Cost Estimates broken down into major categories
and PROJECT elements.
3. Upon review and alteration as may be required, submit to
the CITY Design Development Documents as required herein,
along with a time schedule for Construction and a final Cost
Estimate. The PRINCIPAL shall also submit an Illustrative Design
Development Master Plan for the entire site.
4. The PRINCIPAL may be required to ;Hake presentations to
the Miami City Commission, Zoning Board and/or Planning Advisory
Board of the Design Development Documents, including the
Construction Cos: Estimate and the Illustrative Design Development
,Master Plan.
5. The PRINCIPAL shall revise the Design Development
Documents and other material as directed by the City Commission or
the aforementioned Boards.
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85-814
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The Design Development Phase shall be completed when the CITY
approves and accepts the Design Development Documents.
� D. Construction Documents Phase:
During the Construction Documents Phase, upon receipt of
written authorization from the PROJECT MANAGER, the PRINCIPAL
shall:
1. Prepare all construction contract plans and specifications
as well as other contract and bidding documents including the
Proposal and Special Provisions, and specifically excluding
General Conditions, for the complete PROJECT. These documents
shall be in conformance with all applicable state and local laws
and codes, and shall include such items as the working drawings
and specifications, adequately setting forth in detail,
descriptions of the construction to be done and also the
materials, workmanship, finishes and equipment required for all
architectural, landscape architectural, and engineering work,
service —connected equipment, (e.g. fixtures and equipment attached
to the facility electrically, mechanically or structurally) site
development, and the special provisions of the Construction
Contract Documents.
2. Prepare Interior Layout Plans indicating the location of
fixtures and furnishings to be bid and purchased separately from
the PROJECT construction contract. These plans should be
accompanied by a Cost Estimate.
2. The construction contract plans and specifications, and
any other written report or written document shall conform with
codes, regulations, rules, etc., governing the PROJECT.
3. The PRINCIPAL shall continue to advise the CITY of any
adjustments to previous Cost Estimates which may be indicated by
changes in scope, design, requirements, market conditions or
otherwise.
4. Furnish the CITY with Final Cost Estimate based upon the
completed Working Drawings, Specifications and Bidding Documents,
broken down into major categories and Bid Items. The PRINCIPAL'S
Cost Estimates shall be construed as an informed professional
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85-814
9
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opinion of a responsible expert and the CITY will rely on it as a
reasonable approximation of bids to be received.
t 5. See that all Construction Contract Plans and Specifications
bear the seal of a Florida registered professional architect,
engineer or landscape architect 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.
6. Because of the CITY's concern for energy conservation, it
shall be fully understood that the PRINCIPAL shall pay particular
attention to the designs of all energy systems required for the
PROJECT with emphasis towards conserving energy. Particular
attention shall be focused on the different uses of the PROJECT
. and the different demands for air conditioning and lighting, etc.,
within structures as well as grounds maintenance, for paved and
planted areas outdoors.
7. Submit the completed Construction Contract Plans,
Specifications and Bid Documents to the CITY for detailed review
r and approval.
8. Conduct the necessary Dry -Run checks of the construction
1
contract plans and specifications in connection with securing
their construction related approvals so that the necessary
construction permits may be obtained from all governmental
authorities having jurisdiction over the PROJECT, after the CITY
has approved and accepted the Construction Contract Plans and
other construction related documents. By said acceptance and
the approvals as a result of the Dry -Run Process, the CITY does
not relieve the PRINCIPAL of any responsibilities, particularly
related to code compliance.
10. Deliver to the CITY the completed master Set of
construction contract plans and specifications and other related
parts of the construction Contract including the Bid Proposal, in
such reproducible form as may be specified by the CITY.
The Construction Document Phase shall be considered complete
on the date that the PROJECT is advertised for Bids.
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10
E. Bidding Phase
1. Prepare any addenda, with accompanying drawings or other
material as required, and submit original of each to the PROJECT
MANAGER for approval and submission to the Department of Public
Works who will furnish a copy for each set of contract documents
prepared.
2. Assemble and furnish the PROJECT MANAGER with data for
publicity releases.
3. Take part in the pre -bid conference with the CITY.
4. Respond to inquiries from Prospective Bidders.
5. Assist the CITY in the evaluation of bids.
The Bidding Phase shall be considered completed on the day the
CITY executes a Construction Contract for the construction of the
PROJECT or ninety (90) days after receipt of bids whichever occurs
first.
F. Construction Phase
The Construction Phase shall commence with the award of the
Construction Contract. During the Construction Phase, upon
receipt of written authorization from the PROJECT MANAGER, the
PRINCIPAL shall:
1. Attend a regular weekly site meeting and make periodic
visits to the site to remain familiar with the progress and
quality of the work, to determine that the work is proceeding in
accordance with the Contract Documents and submit observations to
the CITY in writing within five (5) working days after each visit.
2. Work with the PROJECT MANAGER and/or the designated
representative, the PROJECT INSPECTOR from the Department of
Public Works and the Contractor.
3. Assist the CITY in considering and evaluating any
suggestions or proposals submitted by the uonrracLor for one
CITY'S approval.
4. Assist the CITY in matters relating to the interpretation
of the Contract Documents.
5. Furnish any additional details or information when
required at the job site for proper execution of the WORK.
1 1 85-814
A
6. Assist the CITY and make written recommendations to the
CITY on matters pertaining to the Contractor's proposed changes in
materials and equipment, and on matters relating to extra work
orders and supplemental agreements.
',. ("heck and review shop drawings, samples and other
submissions furnished by the Contractor for design conformance,
retain a copy of all shop drawings, duly reviewed by the
PRINCIPAL, for permanent CITY records.
8.
Review test
reports required by
the
Contract
Documents
and
notify
the CITY of
non—compliance with
the
Contract
Documents,
if
any.
9. 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.
10. Receive samples which are required to be furnished by the
Contractor, record data received and its source, examine said
samples and notify the CITY of approval or rejection and maintain
custody of approved samples.
= 11. Assist the CITY in the preparation of bids for fixtures
and furnishings and other related equipment for the PROJECT. Upon
receipt of these bids, assist the CITY in their evaluation and
make recommendations related to the arrival and installation of
said fixtures and furnishings.
13. After substantial completion, make a list of items for
correction before final inspection and check each item as it is
corrected.
14. Upon request by the PROJECT MANAGER, attend and report to
the CITY on all required conferences held at the job site.
14. The PRINCIPAL shall carry out the responsibilities under
the terms of this Agreement; however, the 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 and acceptance of any work not completed and it shall in no
way relieve the PRINCIPAL of any of the responsibilities under the
terms of this Agreement. 85-814
i 12
15. Assists the CITY in matters relating to the Contractor's
schedules and approval of requests for progress payments.
16. During the course of the WORK, 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 CITY prior to the date of beneficial occupancy.
17. Furnish to the CITY within thirty (30) days after
completion of the Construction Phase of the PROJECT, the original
reproducible drawings of the Construction Contract plans, revised
to include all changes or modifications to the design made during
the Construction Phase and recorded by the General Contractor on
the record set of drawings.
At the completion of construction of the PROJECT, the
PRINCIPAL, shall deliver to the CITY written certification that
to the best of the PRINCIPALS's knowledge the PROJECT has been
constructed in accordance with CITY approved construction plans
and specifications and CITY approved change orders.
The Construction Phase shall be completed when the PRINCIPAL
has delivered the aforesaid certification, including "record
drawings," etc., to the CITY; and the City Commission has accepted
said PROJECT, but in no case later than forty-five (45) days after
delivery by the PRINCIPAL.
During all Phases, the PRINCIPAL shall act as his own
representative to the CITY in all matters pertaining to the
PROJECT.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY
files:
A. The CITY shall provide informaticn regarding its
requirements for the PROJECT.
B. The CITY shall furnish a Certified Land Survey of the
site giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property; right of way, restrictions,
easements, utilities, trees, encroachments, zoning, deed
13
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restrictions, boundaries and contours of the site; locations,
dimensions and date from existing records on file in the
:
Department of Public Works of the CITY pertaining to existing
buildings, other improvements and trees; and information
411
concerning available service utility lines both public and
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private.
C. If the PROJECT MANAGER and/or the PROJECT INSPECTOR
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observes or has been notified in writing of any fault or defect in
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the PROJECT or nonconformance with the Contract Documents, prompt
M4
notice thereof shall be given to the PRINCIPAL.
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D. The CITY shall do all reproduction and binding of the
bidding and construction sets of the drawings and specifications,
and loan all existing and applicable CITY aerial photographsto the
kx.—
PRINCIPAL.
E. The CITY shall appoint a PROJECT MANAGER to act as
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liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK,
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special conditions or change orders without having received
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written authorization from the CITY's PROJECT MANAGER to do so.
Nothing contained herein shall relieve the PRINCIPAL of any
"—
responsibility as provided under this Agreement.
F. The CITY shall furnish all required testing necessary for
the PROJECT, including core borings, test pits, structural,
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mechanically, chemical, soil, and mill and laboratory tests, and
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the related services of a soils engineer or other special
consultants when deemed necessary by the PRINCIPAL; and the
PRINCIPAL shall be entitled to rely upon the accuracy,
completeness and competence thereof.
•�
G. The CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare retailed Construction
Cost Estimates based upon the Design Development Documents and the
Construction Documents.
SECTION V — COMPENSATION FOR SERVICES
For professional and technical services for the Program
Development and Planning, Schematic Design, Design Development
Phase, Bidding, Construction Document and Construction Phases of
the PROJECT, as outlined in SECTION III hereof, the CITY agrees
to pay, and the PRINCIPAL agrees to accept, as a full payment for
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his services the FEE of Three Hundred and Twenty -Eight Thousand
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Dollars, ($328,000.00). This payment will be made monthly in
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proportion to the services performed so that the compensation at
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the completion of each Phase shall equal the following percentages
and amounts of the total FEE:
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Percentage Accumulated'
P At the End of Phase of Fee Payment Payments
j 9
1. Program Development and
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Planning 10 31,570 31,570
2. Schematic Design Phase 10 31,570 63,150
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3. Design Development Phase 20 62,150 126,300
4. Construction Documents
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Phase 35 110,513 236,813
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5. Bidding Phase 5 15,787 252,600
6. Construction Phase. 20 63,150 315,750
TOTAL 100 315,750 315,750
S► 11
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The PRINCIPAL agrees that time is of the essence and further
agrees to execute the WORK promptly, diligently and only upon, and
sl
in strict conformance with, specific authorization from the
CIC
PROJECT MANAGER in writing. The CITY shall endeavor to complete
An
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 the PRINCIPAL
and the CITY:
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A. Program Development and Planning Phase
The PRINCIPAL shall complete the Program Development and
Planning Phase within Thirty (30) calendar days after receipt of
written authorization from the PROJECT MANAGER to begin WORK on
this Phase.
B. Schematic Design Phase
The PRINCIPAL shall complete the Schematic Design Phase within
twenty (20) calendar days after receipt of written authorization
from the PROJECT MANAGER to begin WORK on this Phase. 85-814
15
C. Design Development Phase
The PRINCIPAL shall complete the Design Development Phase
within fifty (50) calendar days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
5
Phase.
D. Construction Document Phase
The PRINCIPAL shall complete the Construction Documents Phase
within ninety (90) calendar days after receipt of written
P
authorization from the PROJECT MANAGER to begin WCRK on this
Phase.
E. Bidding Phase
The Bidding Phase is expected to require sixty (60) calendar
days, if only a single bidding is used.
F. Construction Phase
a�
The Construction Phase will commence with the award of the
Construction Contract and shall be completed when all of the
following conditions have been met:
1. The PRINCIPAL has delivered to the CITY written
certification that the PROJECT has been constructed with the CITY
approved Contract Documents, including all approved change orders.
1
2. The PRINCIPAL has delivered to the CITY "record drawings"
as required under SECTION III of the Agreement.
3. The City Commission has accepted the PROJECT by
Resolution.
The length of the Construction Phase shall be established and
mutually accepted, at the completion of the Design Development
Phase.
In the event the PRINCIPAL is unable to meet the above
scheduled, or complete the above services because of delays
resulting from Acts of God or untimely review and approval by the
CITY and other governmental authorities having jurisdiction over
the PROJECT, and such delays are not caused by the PRINCIPAL, the
CITY shall grant a reasonable extension of time for completion of
the WORK. It shall be the responsibility of the PRINCIPAL to
notify the CITY promptly in writing whenever a delay in approval
by any governmental agency is anticipated or experienced, and to
inform the CITY of all facts and details related to the delay.
16 85 814
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SECTION YII - ADDITIONAL WORK AUTHORIZED BY THE CITY
A. The PRINCIPAL, shall furnish space planning and interior
design services which are normally a part of his contract
documents and specifications, as part of his basic services
within the stipulated FEE.
B. THE CITY reserves the right to authorize the PRINCIPAL to
provide additional services, if found necessary by the CITY, in
which case the PRINCIPAL and/or the PRINCIPAL's designated
specialists shall be paid at the rate of two and one half (2.5)
times Direct Technical Salary Expense for those services rendered.
C. Special Consultants Allocation - For professional and
technical services related to Threshold Inspection which may be
required in accordance with Florida Statutes 84-365 Section
553.79(5) a Special Consultant Allowance is established in the
amount of Eight Thousand Dollars ($8,000.00). All professional
services related to Threshold Inspections which may be required,
are to be covered under this allowance. The PRINCIPAL may
anticipate expenditure of these funds only upon receipt of written
approval from the PROJECT MANAGER, and 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
PRINCIPAL 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 this Allowance. Nothing
contained in this Section shall allow the PRINCIPAL to invoice for
services other than those specifically authorized as stated
herein.
D. If any of the following services are required of the
PRINCIPAL and cause the PRINCIPAL extra expense the CITY shall
after providing written authorization to the PRINCIPAL, pay the
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, unless such
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changes are required to bring the construction costs within the
budget as required in SECTION III or to meet building or other
code requirements.
2. Prepare documents if requested by the CITY for alternate
3
bids and change orders.
3. arranging for the WORK to proceed should the contractor
default due to delinquency or insolvency.
4. Providing prolonged contract administration and
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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 PRINCIPAL.
Construction Contract time shall include any time extensions
-
recommended by the PRINCIPAL and approved by the CITY unless both
,-
parties agree that the cause of the delay was totally beyond the
control or influence of the PRINCIPAL.
E. In the event that delays not caused by the PRINCIPAL,
require that work in all Phases of the Project, excluding the
Construction Phase, be delayed more than ninety days (90), the
'
PRINCIPAL shall have the opportunity to negotiate compensation
based on actual expenses, if any, that may have been incurred by
the PRINCIPAL during the time that the WORK on the PROJECT was
placed on hold.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any
time prior to completion of the WORK without penalty to the CITY.
In that event, termination of this Agreement shall be in writing
to the PRINCIPAL and the 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 the PRINCIPAL is not in default under the terms of
this Agreement. If, however, the termination of this Agreement
occurs during an incomplete PHASE, then the PRINC:°AL shall be
paid at the rate of two and one -halt' (2.5) times Direct Technical
.::
Salary Expense for those services rendered in such incomplete
E.
Phase provided, that the PRINCIPAL is not in default under the
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terms of this Agreement. In no case, however, will the CITY pay
18
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the 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
of the CITY, with the same provisions of
SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALISTS
shall become the property
use as set forth in said
The PRINCIPAL proposes to have the following specialists,
either from his organization or as his consultants or associates
to perform the services indicated:
}-
A. Architectural
#`
B. Structural Engineering
C. Mechanical Engineering
D. Electrical Engineering
E. Sanitary Engineering
F. Civil Engineering
G. Landscape Architectural
H. Space Planning & Interior Design
I. Security and/or Police Facility Planning
Selection of the PRINCIPAL by the Competitive Selection
Committee was based, in part, on the qualifications and expertise
of the following architectural, engineering, landscape
architectural and Security and/or Police Facility Planning firms
proposed as the designated specialists:
Peter Blitstein, Architect
2100 Coral Way, Suite 302, Miami, Florida, 33145
Phone: (305) 856-8830
Emilio J. Hospital & Associates
10400 N. Kendall Drive, Suite 400, Miami, Florida 33176
Phone: (305) 271-9741
Maurice Grey Associates Inc.
4090 Laguna Street, Coral Gables, Florida 33146
Phone: (305) 444-5182
Laura Llerena & Associates, Inc.
6401 S.W. 87 Avenue, Suite 108, Miami, Floridaa 33173
Phone: (305) 279-1651
The Wackenhuut Corporation
2380 Ponce de Leon Blvd., Coral Gables, Floridaa 33146
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The PRINCIPAL shall negotiate a fair and equitable agreement
with each of the designated specialists and furnish the CITY with
a copy of each sub.-contractl9agreement in a timely manner.The
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PRINCIPAL may choose additional specialists, for which prior
written approval from the CITY must be obtained, but may not
exclude those originally designated without an accepteble written
request to the CITY, submitting the reasons for said termination.
The PRINCIPAL will be responsible for all the work of his
organisation, 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 the PRINCIPAL, and the CITY. It shall be understood
that the 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.
v-- 9.-
SECTION X — ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the PRINCIPAL
f
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shall not be considered extra services but on the contrary shall
be considered part of the WORK of the PRINCIPAL.
A. Revise the Construction Documents Phase and Construction
plans and specifications to reduce the cost of construction of the
PROJECT to the final budgeted or CITY approved amount for the
1 construction of the PROJECT, if the amount of the lowest
acceptable bid received by the CITY for the construction of the
PROJECT is in excess of the final amount budgeted or approved for
the cost of the construction contract of the PROJECT.
B. Should an error or errors in the PRINCIPAL'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 PRINCIPAL agrees
to seek no additional compensation for the services required under
this Agreement, during the period of said delay.
C. Any other revisions suggested by the CITY that are within
the scope of the WORK as defined in Section 2, Subsection D.
SECTION XI —OWNERSHIP OF DOCUMENTS
All documents developed by the PRINCIPAL under or as a
result of this Agreement shall be delivered to the CITY by the
PRINCIPAL upon completion of the services required persuant to
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this Agreement and shall become the property of the CITY, without
restriction or limitation on its use. The PRINCIPAL agrees that
all documents maintained and generated persuant to this
contractural relationship between the CITY and thePRINCIPAL shall
be subject to all provisions of the Public Records Law, Chapter
2
`
119, Florida Statues.
It is further understood by and between the parties that any
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information, writings, maps, contract documents, reports, or any
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other matter whatsoever which is given by the CITY to the
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PRINCIPAL pursuant to this Agreement shall at all times remain the
41"
property of the CITY and shall not be used by the PRINCIPAL for
6t1
any other purpose whatsoever without the written approval of the
—
CITY.
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It is further understood that no press releases or publicity
is to be issued by the PRINCIPAL without prior submittal to the
Z—
CITY and written approval from the CITY.
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SECTION XII - AWARD OF AGREEMENT
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The PRINCIPAL warrants that he has not employed or retained
any company or persons to solicit or secure this Agreement, that
he has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
considerations contingent upon or resulting from the award or
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making of this Agreement.
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The PRINCIPAL also warrants that to the best of his knowledge
and belief no Commissioner, Mayor or other officer or employee of
the CITY is interested directly or indirectly in the profits or
emoluments of this Agreement or the job, work or services for the
CITY in connection with the contract or construction of `his
PROJECT.
The PRINCIPAL shall not engage during the period of this
Agreement the services of any professional or technical person who
has been at any time during the period of this Agreement in the
employ of the CITY. This does not apply to retired employees of
the CITY.
21 84... 8:14
The PRINCIPAL is aware of the Conflict of Interest Law of both
the City of Miami and Dade County, Florida, and agrees to fully
comply in all respects with the terms of said laws.
SECTION XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement4.0
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between the CITY and the PRINCIPAL and supersedes all prior Th
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negotiations, representations or agreements, either written or O,
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oral. This Agreement may be amended only by written instruments �9
by both the CITY and the PRINCIPAL. C�1'
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SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
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Agreement, or sublet, assign or transfer any part of the WORK
under this Agreement without the written consent of the CITY.
This Agreement shall be binding upon the parties hereto, their
heirs, executors, legal representatives, successors and assigns.
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SECTION XV - TRUTH IN NEGOTIATIONS
The 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 the CITY determines
an
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 XVI - WAIVER
No waiver of any provision hereof shall be deemed to have been
made unless such waiver be in writing and signed by the CITY. The
failure of the City of Miami to insist upon the strict performance
of any of the provisions or conditions of this Agreement, shall
not be construed as waiving or relinquishing in the future any
such covenants or conditions but the same shall continue and
remain in full force and effect.
22
85-814
SECTION
XVII
- RIGHT TO
AUDIT
The
CITY
reserves
the right to audit the records of the
PRINCIPAL any time during the prosecution of this Agreement and N
for a period of one year after final payment is made under this
Agreement. C
2
SECTION XVIII - INDEMNIFICATION n
•h
The PRINCIPAL shall indemnify and save the CITY harmless from mr
'9
and against any and all claims, liabilities, losses and caused of
action, which may arise out of the PRINCIPAL's activities under �►�
this contract, including all other acts or omissions to act on the
part of the PRINCIPAL, or any of them including any person acting
for, or on it or its behalf, and, from and against any orders, Z
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 investigation thereof.
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11
SECTION XIX - INSURANCE 'r
s
The PRINCIPAL shall not commence work on this Contract until
he has obtained all insurance required under this Section and such
insurance has been approved by the CITY.
The PRINCIPAL shall maintain during the term of this Agreement
the following insurance: !CG
A. Professional Liability Insurance in the minimum amount of �R
$1,000,000 covering all liability arising out of the terms of this
Agreement.
B. Worker's Compensation Insurance in the statutory amounts.
The insurance coverage required shall include those
classifications as listed in standard liability insurance manuals,
which most nearly reflect the operations of the PRINCIPAL.
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 the CITY.
The PRINCIPAL shall furnish Certificates of Insurance to the ,c
CITY prior to the commencement of operations, which Certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
in the type, amount and cl2Ssification as required for strict
fir 0W
compliance with this Section, and that no material change or
cancellation of insurance shall be effective without ninety (90)
days written notice to the CITY. cm
Compliance with the foregoing requirements shall not relieve
the PRINCIPAL of
its liability and obligations under this Section
2.
or any portion of
this Agreement.
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SECTION XX - RIGHT OF DECISIONS
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All services
shall be performed by the PRINCIPAL to the
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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, 1�
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
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determination is clearly arbitrary or unreasonable. In the event
that the PRINCIPAL does not concur in the judgment of the PROJECT
s
'
MANAGER as to any decision made, the PRINCIPAL shall advise the
PROJECT MANAGER of his non-concurence and objection in writing,
a'1
present his written objection to the CITY MANAGER, subsequent to
advising the PROJECT MANAGER of his intention to do so; and the
C
PROJECT MANAGER and the PRINCIPAL shall abide by the decision of
IC
G
We
h.
the CITY MANAGER. Adjustment of compensation and contract time
�q
t
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 XXI - NON-DISCRIMINATION
A. The PRINCIPAL will nor, discriminate against any employee
or applicant for employment because of race, color, religion, sex
or national origin. In the event of the 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 the PRINCIPAL
may be declared ineligible for further City contracts.
B. The PRINCIPAL will, in all solicitations or advertisements
24 85--813
QC
b
V_
SECTION XX11 — INDEPENDENT CONTRACTOR
That the PRINCIPAL, Specialists and its employees and agents
shall be deemed to be an independent contractor, and not an agent
or employee of the CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordi,,ance of the
CITY, or any rights generally afforded classified or unclassified
emplcvees; further he/she shall not be deemed entitled to Florida
Worker's Compensation benefits as an employee of the CITY.
SECTION XX111 — CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and case
law of the State of Florida.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and
year first set forth:
ATTEST:
Witness ,
Wi�Eness
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Chief, Miami Police Dept.
Special Projects Division
Office of The City Manager
Risk Management
Finance Department
26
PRINCIPAL
/1 1 I ' A/ 4
VSSQH MIDDLEBROOKS
le Proprietor
6301 Sunset Drive - Suite 204
Miami, Florida 33143
THE CITY OF MIAMI (a Municipal
Corporation of the State of
Florida)
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
e
[1
SAC
►P
AFFIDAVIT
phi
Ceps: _.:.ant :,; �..��•..
�lia,zi, riot da i313316
TO "r'fiGM IT %LNA CONCERN:
This is to certify that Joseph Middlebrooks
1 is authorized to make and sign contracts and agreements by or
on behalf of Joseph Middlebrooks & Assoc.
1 Name of entity _
r
tdame And Title of Affidavit
\ . 4me of Entity
Address of Entity
SWORN TO A:JD SUBSCRIBED
before me this day
of 1985.
NOTARY PUBLIC, S to of Florida at Large
MY roirmission Expires: