HomeMy WebLinkAboutR-85-0657J-85-637
RESOLUTION NO. 85-657
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE THE RENEGOTIATED
AGREEMENT IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE CITY OF
MIAMI AND ALBERT R. PEREZ ASSOC., P.A.
TO PROVIDE PROFESSIONAL SERVICES RELATED
TO THE DESIGN AND CONSTRUCTION OF THE
BLUE LAGOON PARK DEVELOPMENT PROJECT,
USING PREVIOUSLY ALLOCATED FUNDS TO
COVER THE COST OF SUCH SERVICES.
WHEREAS, the City Commission, by Resolution No. 83-318,
adopted on April 6, 1983, aceepted a $200,000 grant from the
Florida Recreation Development Assistance Program for Blue Lagoon
Park; and
WHEREAS, said grant had a matching requirement of $100,000;
and
WHEREAS, matthing funds in the amount of $300,000 were
r pledged by Intercontinental Properties, Inc., developers of the
proposed Jacarol Bay Project, for a total Blue Lagoon Project of
$500,000; and
WHEREAS, the City Commission, by Resolution No. 84-156 on
February 9, 1984, approved the Competitive Selection Committee's
recommendation of the firm most qualified to provide, along with
its consultants, professional landscape architectural,
architectural and engineering services related to the development
of Blue Lagoon Park, and authorized the City Manager to negotiate
a professional services agreement with Albert R. Perez Assoc.,
P.A., Landscape Architects; and
WHEREAS, the City Commission, by Resolution No. 84-547 of
May 10, 1984, authorized the City Manager to execute the
negotiated agreement with Albert R. Perez Assoc., P.A. for the
design of the Blue -Lagoon Project; and
WHEREAS, because Intercontinental Properties, Inc. has been
in litigation concerning the Jacarol Bay Project and has been
unable to meet its $300,000 commitment, said agreement was never
=: fully executed; and
,..
the City Commission, by Ordinance No. 9939, of
CITY COMMISSION
MEETING OF
JUN,2D ims-
r557' .
URI no. _ b
December 20, 1984, appropriated $150,000 as a match for the Blue
Lagoon Project, resulting in a reduced total project of $350,000;
and
WHEREAS, said reduction required that the agreement with
Albert R. Perez Assoc., P.A. be renegotiated; and
WHEREAS, the agreement, in substantially the form attached
hereto, between the City of Miami and Albert R. Perez Assoc.,
P.A. was renegotiated in a fair and reasonable manner;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The City :Manager is hereby authorized to execute
the renegotiated agreement, in substantially the form attached
hereto, between the City of Miami and Albert R. Perez Assoc.,
P.A. to provide professional services related to the design and
construction of the Blue Lagoon Park Development Project, using
previously allocated funds to cover the
cost of such services.
PASSED AND ADOPTED this 20th day
of ,Tune ,1985•
Maurice A. Ferre
M A Y O R
ATTEST:
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COO
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Ra4rph G. Ongie, City eferk
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PREPARED AND APPROVED BY:
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Robert F. Clark
Chief Deputy City Attorney
TOFORM AND CORRECTNESS:
4APPED
. D ugherty,
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City Attorney
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85-657.
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. The Honorable Mayor and Members DATE, •JUN 1 4 FILE:
of the City Commission
SUBJECT: A Resolution Authorizing
A Renegotiated Agreement
for the Design of Blue
Lagoon Park
FROM: Sergio Pereira REFERENCES:
City Manager
ENCLOSURES:
"IT IS RECOMMENDED THAT THE
CITY MANAGER BE AUTHORIZED TO
EXECUTE THE RENEGOTIATED
AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, WITH
ALBERT R. PEREZ ASSOC., F.A.,
FOR THE DESIGN OF BLUE LAGOON
PARK, PER THE ATTACHED
RESOLUTION."
Background:
This Agreement will reduce the previously negotiated Blue Lagoon Park
contract with Albert R. Perez, Assocs., P.A., from $132,000 to
$65,000. The reason for this reduction is due to the decrease in
available project funds from $500,000 to $350,000. The $350,000
amount consists of a $200,000 grant from the State of Florida which
has been matched with $150,000 in City funds (appropriated by
Ordinance No. 9939)•
Originally, a $500,000 project was proposed which was to consist of
the $200,000 Florida grant and a contribution of $300,000 from the
Jacarol Bay Project. Because Jacarol Bay is still in litigation, it
has not been possible to obtain funding from this source. Rather
than lose the $200,000 Florida grant, the City appropriated $150,000
as a match from the Capital Improvement Fund. Due to the reduction
in total project funds, it was consequentially necessary to also
reduce the professional services fee for the designer, Albert R.
Perez, Assocs., P.A.
Although the full impact of the reduced project will not be known
until the Master Plan is completed and cost estimates are prepared,
it is known that there will be sufficient funding for general park
development only. Additional funding will have to be appropriated to
renovate and/or expand the existing building on the site. It should
be noted that, as with any grant project, there is a deadline. This
project should start by July 6, 1985, to remain in compliance with
our grant agreement with the State.
cc: Law Department
85-657
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THIS AGREEMENT made this day of ,
1985, by and between THE CITY OF MIAMI, a municipal corporation
of the State of Florida, hereinafter called CITY and Albert R.
Perez Assoc., P.A., Landscape Architects, hereinafter called
PRINCIPAL.
WITNESSETH
WHEREAS, the Florida Department of Natural Resources,
Florida Recreation Development Assistance Program, has approved a
grant application for funds in the amount of $200,000 for the
Blue Lagoon Park Development Project; and
WHEREAS, by Resolution No. 83-318, passed and adopted on
April 6, 1983, the City Manager was authorized to accept the
grant funds and execute an agreement with the Florida Department
of Natural Resources to implement this project; and
WHEREAS, by Ordinance No. 9939, passed and adopted on
December 20, 1984, the City Commission appropriated $150,000 as a
cash match for a total project of $350,000; and
WHEREAS, by Resolution No. 83-929, passed and adopted on
October 25, 1983, the City Commission approved the designation of
Blue Lagoon Park Development as a Category "B" project and
appointed Carl Kern, Director of the Department of Parks and
Recreation, as Chairman of the Competitive Selection Committee;
and
WHEREAS, the Competitive Selection Committee solicited
expressions of interest from qualified consultants, evaluated the
qualifications of those firms who responded to its inquiry, and
then selected the firms most qualified to provide professional
landscape architectural, architectural and engineering services
for the development of Blue Lagoon Park, 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 No. 8965, July 23, 1979.
WHEREAS, the City Commission, by Resolution No. 84-156 on
February 9, 1984, approved the Competitive Selection Committee's
1 85-65'7
recommendation of the firm most qualified to provide, along with
its consultants, professional landscape architectural,
architectural and engineering services related to the development
of Blue Lagoon Park, and authorized the City Manager to negotiate
a professional services agreement with Albert R. Perez Assoc.,
P.A., Landscape Architects;
NOW, THEREFORE, CITY and PRINCIPAL, for the considerations
hereinafter set forth, agree and covenant, one unto the other as
follows:
SECTION I - GENERAL
A. PRINCIPAL and CITY are fully aware of the project
schedule requirements 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 necessary documents for the construction of
the PROJECT.
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 $350,000 for thelentire
project. This amount includes the following:
1. $ 87,700 for design services, including:
a) The lump sum fee for PRINCIPAL;
b) Surveys, soils investigations and related
services;
c) Permits;
d) Administration, reproduction and related
expenses;
2. $252,300 for the Construction Cost of the PROJECT;
3. $10,000 for project contingencies;
D. PRINCIPAL shall design the entire PROJECT based on a
project construction cost not to exceed $1.5 million plus a 5%
contingency, and specifically develop Phase I for construction
within the funds available to CITY for the Construction Cost of
the PROJECT as defined in Section I - C.2.
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E. CITY, agrees to pay and PRINCIPAL agrees to accept as
payment in full for all professional and technical services
rendered, as outlined in SECTION III - PROFESSIONAL SERVICES,
hereof, the FEE OF ($ 65,000) SIXTY FIVE THOUSAND DOLLARS.
SECTION II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of
CITY.
C. DIRECTOR - is hereby defined as the Director, Department
of Parks and Recreation of CITY.
D. PRINCIPAL - is hereby defined as Albert R. Perez
Associates, P.A., 801 Madrid Street - Suite 107-B, Coral Gables,
Florida 33134, Telephone - 445-9223.
E. PROJECT - is hereby defined as the development of Blue
Lagoon Park, a 3.64 acre site located on the north side of N.W. 7
Street, west of N.W. 51 Avenue.
F. WORK - is hereby defined as all the professional and
technical services to be rendered or provided by PRINCIPAL for
the entire PROJECT, as described in SECTION III - PROFESSIONAL
SERVICES, hereof.
G. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to CITY but it shall
�:. not include any PRINCIPAL'S fees or special consultant's fees or
the cost of any survey, legal, financial, administration or
similar services or land acquisition costs furnished by CITY or
any cost of furniture or furnishings or unattached equipment
{ purchased by CITY.
H. FEE - is hereby defined as the amount of money CITY
.: agrees to pay and PRINCIPAL agrees to accept as payment in full
for the professional and technical services rendered pursuant to
this agreement, to complete the WORK as further defined in
;^ SECTION III - PROFESSIONAL SERVICES, hereof.
I. RECORD DRAWINGS - are hereby defined as those produced
by the Contractor based on data obtained and recorded by a
registered surveyor, depicting the final alignment and condition
of all site improvements constructed as part of this PROJECT and
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provided to CITY on reproducible mylar accompanied by copies of
the field surveyor's notes.
J. PROJECT MANAGER - is hereby defined as the Manager of
the PROJECT for CITY.
K. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
the hourly cost of salaries and those mandatory and customary
benefits such as statutory employee benefits, insurance, sick
leave, holidays, pensions, vacations, and similar benefits. The
DIRECT TECHNICAL SALARY EXPENSE charged against the PROJECT for
design and construction services provided by PRINCIPAL shall not
exceed THIRTY DOLLARS ($30.00) per hour plus payroll burden which
shall not exceed twenty-five percent (25%).
SECTION III - PROFESSIONAL SERVICES
1. PRINCIPAL in close coordination with CITY, shall perform
the following professional and technical services comprising the
WORK and shall be fully responsible for all professional and
technical aspects thereof. CITY'S review and approval of WORK
will relate only to overall compliance with the general
requirements of the PROJECT, and wherever the term "Approval by
CITY" or like terms are used in this Agreement, the phraseology
shall in no way relieve PRINCIPAL from any duties or
responsibilities under the terms of this Agreement, and from
using the best landscape architectural, architectural, and
engineering services and practices.
2. PRINCIPAL and his associates shall be aware that funding
for this PROJECT was based on a grant, the purpose of which was
to provide park and recreational amenities at Blue Lagoon Park.
In accordance with the grant application, development plans shall
include but not be limited to the following (as illustraded on
Appendix A):
- fishing pier
- picnic shelters)
dock and boat landing ramp
play equipment
rY - parking for cars and cars with trailers
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provisions for a snack bar, office space, storage, rest
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rooms, lockers, etc.
- general site improvements such as seating lighting,
planting, irrigation, walkways, etc.
3. PRINCIPAL and his associates shall, throughout the
course of this PROJECT, particularly during the Master Plan and
Schematic Design Phases, work, along with CITY, with the
prospective users, particularly those from the Rowing and Boating
Clubs, and include their input in the overall design process
related to the development of Blue Lagoon Park.
U. PRINCIPAL and his associates shall be prepared with the
appropriate documents to attend, and participate in, along with
CITY, various meetings and presentations for review and
discussion of overall development of Master Plan and Schematic
Design Plans for the PROJECT, equalling a minimum of four and a
maximum of six meetings. Prior to each "public" meeting
PRINCIPAL shall confer with the PROJECT MANAGER and/or related
staff for review and approval of all documents presented to the
public. Included in the meetings and presentations shall be:
a) The Miami City Commission, the Zoning and the
Planning Advisory Boards.
b) The pre -construction meeting(s).
5. PRINCIPAL shall in the preparation of Plans and
Specifications, and On -Site Consultation, comply with all
Federal, State and local codes, ordinances and regulations
pertaining to the design and construction of the PROJECT.
Attention is invited to the Federal Wage -Hour Law, Walsh -Healy
Act, and the Occupational Safety and Health Act, the National
Environmental Policy Act, and the Equal Employment Opportunity
legislation.
A. - MASTER PLAN PHASE
1. Inventory and inspect all existing structures and
facilities on the PROJECT site and provide a written report
including the structural integrity, life expectancy, feasibility,
and approximate cost of rehabilitation, (within the context of
reuse) and present value to park users.
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2. PRINCIPAL shall make a maximum of three (3)
presentations to community representatives to establish and
discuss needs and objectives. CITY shall be responsible for
establishing contacts with the residents and scheduling the
meetings.
3. PRINCIPAL shall prepare a report setting _forth the
criteria necessary for CITY to make a decision as to what is
needed to proceed with the development of Blue Lagoon Park and
the construction of Phase I.
The report shall include the following:
a. Program.
b. Phasing plan.
c. Construction cost estimates.
d. Construction schedule for Phase I.
e. Evaluation of all elements to be included in Blue Lagoon
Park in terms of their present and future value to the welfare of
the people and a recommendation of construction priorities of
such elements.
f. Schedule of future construction for the full development
of the Park based on CITY's initial statement of goals and
objectives.
g. Space allocation for, and type of facilities to serve
the PROJECT.
h. Special equipment and systems requirements.
i. Vehicle and pedestrian access requirements.
J. Parking requirements.
k. Maintenance requirements.
1. Energy conservation considerations.
3. PRINCIPAL shall prepare an illustrative master plan at a
scale of 1"-201, indicating the final boundaries of Phase I.
Such boundaries may differ from those shown on Exhibit "A",
arrived at by mutual agreement between CITY and PRINCIPAL. The
boundaries of Phase I shall be as indicated on the Master Plan
and approved by CITY. The area approved by CITY and the specific
elements contained therein will constitute the scope of the WORK
for Phase I of Blue Lagoon Park under this Agreement.
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4. PRINCIPAL shall submit the completed Master Plan and
Report to the PROJECT MANAGER for approval.
5. The Master Plan Phase shall be completed when CITY
approves the Master Plan and Report.
B - SCHEMATIC DESIGN PHASE
During the Schematic Design Phase, upon written
authorization from the PROJECT MANAGER, PRINCIPAL shall:
1. Inventory and inspect all existing structures and
facilities on the PROJECT site and provide a written report
including the structural integrity, life. expectancy, feasibility
and approximate cost of rehabilitation (within the context of
reuse), and present value to park users.
2. Meet with the prospective users for discussion of those
items which would support their programmatic needs.
3. Subsequent to input from the Department of Parks and
Recreation and. other CITY Departments, prepare a maximum of three
schematic designs along with cost 'estimates for each item or
group of items which form part of the Development Plan.
Subsequent to review by CITY, PRINCIPAL shall prepare a final
Schematic Development Plan based on a list of priorities and
other directives provided by CITY, and a final schematic cost
estimate.
4. The schematic designs shall include but not be limited
to general use areas, location of structure(s), floor plan(s),
planting and paved areas, pedestrian and vehicular access and
circulation. Also included shall be preliminary site utilities
as well as general information related to materials and methods
of construction and permitting.
Plans for remodeling and potential expansion of the existing
building(s) and all necessary repairs of structure(s) including
replacement of any glass, unbreakable transparent glazing
materials and exterior architectural treatment shall be included.
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The community building should include space fo as many of the
following uses as allowable within the building's space
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constraints: Restrooms and lockers, supervisor's office', large
multi -purpose room(s)9 and additional patio space.
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5. Upon finalization of the configuration and design
parameters of those items to be included, PRINCIPAL shall prepare
the final Schematic Development Plan.
6. Subsequent to presentations as outlined in Section III-
4, any appropriate changes, and acceptance by CITY, the Schematic
Design Phase shall be complete.
C - CONSTRUCTION DOCUMENTATION PHASE
During the Construction Document Phase, upon written
authorization from the PROJECT MANAGER or his designees and in
accordance with all the approved and accepted parts of the
Schematic Design Phase, PRINCIPAL shall:
1. Prepare all construction contract plans and
specifications and other contract documents, except general
conditions or supplementary general conditions, for the complete
PROJECT. These documents shall be in conformance with all
applicable federal, 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 landscape architectural,
architectural, structural, mechanical, electrical, service -
connected equipment, (e.g., fixtures and equipment attached to
the facility electrically, mechanically, or structurally) site
development, connection costs, planting, bidding information, and
the special provisions of the Construction Contract, Bid
Proposal, the Construction Contract, and other Construction
Contract Documents.
2. Revise the construction contract plans and
specifications, and any other written report or written document
as required, to secure CITY'S approval thereof, as well as. all
permits necessary for the PROJECT.
3. Advise CITY of any adjustments to previous estimates of
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PROJECT construction cost which may be indicated by changes in
scope, design, requirements, market conditions, or otherwise.
4. Furnish CITY with a Final Estimate of PROJECT
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Construction Cost for the entire PROJECT and Phase I based upon
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the completed, working drawings and specifications, broken down
into major categories. PRINCIPAL'S Estimates of PROJECT
Construction Cost shall be construed as the informed professional
opinion of a responsible expert in the subject matter, and CITY
will rely on it as a reasonable approximation of bids to be
received.
5. See that all construction contract plans and
specifications bear the seal of a Florida registered professional
landscape architect, architect and/or engineer and that the names
of professionals responsible for major portions of each separate
specialty of the WORK appear on the construction contract plans
and specifications.
6. Because of CITY'S concern for energy conservaton, in
both resources and physical operations it shall be fully
understood that PRINCIPAL shall pay particular attention to
designing all of the energy systems and site improvements
required for the PROJECT with emphasis towards conserving energy
and maintenance time. Particular attention shall be focused on
the difference 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 plans and
specifications to CITY for a complete and detailed review and
approval.
8. Conduct all necessary dry —run checks of, the construction
contract plans and specifications in connection with securing the
approval of, and obtaining necessary permits from, all
governmental authorities having jurisdiction over the PROJECT
after CITY has approved and accepted in writing the construction
contract plans and other contract documents. By said acceptance,
CITY does not relieve PRINCIPAL of any responsibilities.
9. Deliver to 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 CITY.
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10. The Construction Documents Phase shall be considered
completed on the day CITY accepts from PRINCIPAL the completed
Construction Contract plans and specifications ready for
construction bids.
D - BIDDING PHASE
1. For Phase I construction prepare addenda as necessary,
with accompanying drawings or other material as required, and
submit original of each to the PROJECT MA14AGER 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. Assist CITY in the evaluation of bids.
4. The Bidding Phase shall be considered completed on the
day CITY accepts a bid for the construction of Phase I of the
PROJECT.
E - CONSTRUCTION PHASE
The Construction Phase shall commence with the award of the
Construction Contract. During the Construction Phase, upon
written authorization from the PROJECT MANAGER, PRINCIPAL shall:
1. Attend a regular weekly site meeting and make periodic
visits to the site to familiarize himself with the progress and
quality of work to determine that the work is proceeding in
accordance with the Contract Documents and to submit his
observations to CITY in writing within five (5) working days
after each visit.
2. Work with the PROJECT MANAGER, through the Project
Inspector from the Department of Public Works, with the
Contractor and Sub -contractors on the job through the
Contractor's Job Superintendent.
3. Assist CITY in considering and evaluating any
suggestions or modifications which might be submitted by the
Contractor for CITY'S approval.
4. Assist CITY in matters relating to the interpretation of
the Contract Documents.
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5. Furnish any additional details or information when
required at the job site for proper execution of the WORK.
6. Make written recommendations for CITY'S review and
concurrence for such things as materials and equipment, methods
of construction, changes in plans, extra work orders, and•
supplemental agreements; these review and concurrence shall not
relieve PRINCIPAL of any responsibilities as specified under the
terms of this Agreement.
7. Check and approve shop and working drawings, samples and
other submissions furnished by the Contractor; retain a copy of
all shop and working drawings, duly approved by PRINCIPAL, for
permanent CITY records.
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$. Review all test reports required by the Contract
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Documents, and provide CITY with written evaluation of such test
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reports.
9. Receive samples which are required to be furnished by
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the Contractor, record date received and from whom; examine said
samples and notify CITY of his approval or rejection.
10. After substantial completion, make a list of items for
correction before final inspection, and check each item as it is
corrected.
11. PRINCIPAL shall carry out his responsibilities under
the terms of this Agreement until the Contractor turns over to
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CITY a completed facility; 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
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expired, but such taking possession and use shall not be deemed
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an acceptance of any work not completed and it shall in no way
relieve PRINCIPAL of any of his responsibilities under the terms
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of his Agreement.
12. Assist CITY in matters relating to the Contractor's
schedules and requests for progress payments.
13. During the course of the WORK, review and if
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appropriate, approve all Guarantees, Certificates, Operation and
Maintenance Manuals, Keying Schedules, Spare Parts• and other
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items that lave been specified in the Contract Documents.
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PRINCIPAL shall have the responsibility for advising CITY of the
full compliance by the Contractor in the timely submission of all
such items. Deliver all such items to CITY prior to the date of
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beneficial occupancy.
14. Furnish to CITY within thirty (30) days after
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completion of the Construction Phase of the PROJECT the record
Drawings of the Construction Contract plans, revised to include
all changes or modifications to the design made during the
Construction Phase based on documentation of said changes and
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modifications.
15. After completion of the construction of the PROJECT,
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PRINCIPAL shall deliver to CITY written certification that the
PROJECT has been constructed in accordance with CITY approved
construction plans and specifications and CITY approved change
orders; and shall furnish such other written certificates as may
be required by laws and regulations applicable to the PROJECT.
16. The Construction Phase shall be completed when
PRINCIPAL has delivered the aforesaid certificates, including
Record Drawings, etc., to CITY; and the City Commission has
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accepted said PROJECT, but in no case later than forty-five (45)
days after delivery by PRINCIPAL.
SECTION IV - 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
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requirements for the PROJECT.
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B. 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,
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easements, utilities, trees, encroachments, zoning, deed
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restrictions boundaries and contours of the site; locations
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dimensions and date from existing records on file in CITY's
Department of Public Works p pertaining to existing buildings,
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other improvements and trees; and information concerning
available service and utility lines both public and private.
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PRINCIPAL shall not be held responsible for the completeness or
accuracy of the Department of Public Works' files.
C. If CITY's PROJECT MANAGER observes or has been notified
in writing of any fault or defect in the PROJECT or
nonconformance with the Contract Documents, prompt written notice
thereof shall be given to PRINCIPAL.
D. 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 photographs.
E. The Director 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 MA14AGER to do so. Nothing_
contained herein shall relieve PRINCIPAL of any responsibility as
provided under this Agreement.
F. CITY shall furnish all required testing necessary for
the PROJECT including core borings, test pits, structural,
mechanical, chemical, soil, and mill and laboratory test, the
services of a soils engineer or other special consultants when
deemed necessary by PRINCIPAL; and PRINCIPAL shall be entitled to
rely upon the accuracy, completeness, and competence thereof.
G. CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Detailed Construction
Cost Estimated based upon the Design Development Documents and
the Construction Documents.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the Schematic
Design, Design Development, Construction Document, Bidding and.
Construction Phases of the PROJECT, as outlined in SECTION III,
hereof, CITY agrees to pay, and PRINCIPAL agrees to accept, as a
full payment for his services the FEE OF SIXTY FIVE THOUSAND
DOLLARS ($ 65,000). This payment will be made monthly, in
proportion to the services performed so that the compensation at
the completion of each Phase shall equal the following
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85-657
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percentages and amounts of the total FEE:
PERCENTAGE OF
ACCUMULATED
AT
THE END OF PHASE
LUMP SUM
PAYMENTS
PAYMENTS
1.
Master Plan Phase
25
16,200
16,200
2.
Schematic Design Phase
51
179080
33,280
3.
Construction Document
Phase 81
19,520
52,800
4.
Bidding Phase
85
2,440
55,240
5.
Construction Phase
100
9,760
65,000
If, in the opinion of CITY, unforeseen work is required related
to the PROJECT, PRINCIPAL shall be paid at the rate of two and
one half (2.5) times Direct Technical Salary Expense for those
services rendered.
SECTION VI - SCHEDULE OF WORK
PRINCIPAL agrees that time is of the essence in the
achievement of the PROJECT and further agrees to execute the
professional and technical services promptly and 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
the submission. It is understood and agreed by both parties that
the following schedule for the WORK will be strictly followed by
PRINCIPAL.
A. Master Plan Phase
The Master Plan Phase will be delivered to the PROJECT
MANAGER within fifty six (56) calendar days after written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
B. Schematic Design Phase
The Schematic Design Phase shall be delivered to the PROJECT
MANAGER within forty five (45) calendar days after written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
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C. Construction Document Phase
The Construction Documents Phase shall be delivered to the
PROJECT MANAGER within sixty (50) calendar days after written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
D. Bidding Phase
The Bidding Phase is projected to require a maximum of forty five
(45) calendar days.
E. Construction Phase
The Construction Phase will commence with the award of the
Construction Contract and shall be completed when the PRINCIPAL
has delivered to CITY written certification that the PROJECT has
been constructed in accordance with CITY approved construction
plans, specifications and CITY approved change orders; other
written certificates as may be required by law and regulations
applicable to the PROJECT, including Record Drawings; and the
City Commission has accepted the PROJECT by Resolution, but in no
case later than forty five (45) days after delivery by PRINCIPAL.
The length of the Construction Phase shall be as established, and
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mutually accepted, at the completion of the Schematic Design
1
Phase.
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G. Time for Performance
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In the event PRINCIPAL is unable to complete the above
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services because of delays resulting from Acts of God or untimely
review and approval by CITY and other governmental authorities
having jurisdiction over the PROJECT, and such delays are not the
fault of PRINCIPAL, CITY shall grant a reasonable extension of
time for completion of the WORK. It 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
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to the delay.
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SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
5
A. CITY reserves the right to increase the scope and amount
of the construction contract by directly authorizing the
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contractor to do extra or additonal work without requiring
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15 85--65'�
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10
PRINCIPAL to furnish professional or technical services. In this
case, the cost of this extra or additional work will be
considered as part of the final cost of the PROJECT. PRINCIPAL
shall not be liable for any additional work or conditions
resulting from additional work performed by the contractor in the
event that CITY directly authorizes the contractor to do the
additional work without requiring PRINCIPAL to furnish
professional or technical services.
SECTION VIII - 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 his services rendered
in each completed PHASE prior to termination in accordance with
SECTION V - COMPE14SATION 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 such incomplete Phase provided that
PRINCIPAL is not in default under the terms of this Agreement.
In no case, however, will CITY pay PRINCIPAL a greater amount for
his incomplete Phase than would have been paid had the
termination been made at the completion of this Phase.
In the event that PRINCIPAL shall fail to comply with each
and every term and condition of this Agreement; or fail to
perform any of the terms and conditions contained herein, then
CITY, at its,sole option, may , upon written notice to PRINCIPAL
and without further notice or demand to PRINCIPAL, may cancel and
terminate this Agreement, and all payments, advances, or other
compensation paid to PRINCIPAL by CITY while PRINCIPAL was in
default of the provisions herein contained, shall be forthwith
returned to CITY.
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the
16 85-657
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property of CITY, with the same provisions of use as set forth in
said SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALIST
PRINCIPAL proposes to have the following specialists, either from
his organization or as his consultants or associates, to perform
the services indicated:
A. Landscape Architectural D. Civil Engineering
B. Architectural E. Mechanical Engineering
C. Structural Engineering F. Electrical Engineering
Selection of PRINCIPAL by the Competitive Selection Committee was
based, in part, on the qualifications and expertise of the
following architectural and engineering firms proposed as his
designated specialists:
San Martin Associates, Inc., Structural and Civil Engineers;
S.D.M. Consulting Engineers, Inc., Mechanical and Electrical
Engineers; Architects International, Inc., Architects.
PRINCIPAL shall negotiate a fair and equitable agreement with
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each of his 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 but not exclude those originally
e obtained, may
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designated without an acceptable written request to the CITY,
j
submitting the reasons for said termination.
PRINCIPAL will be responsible for all the WORK of his own
organization, and of his consultants or associates. Nothing
contained in this Agreement shall create any contractual relation
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between any of the designated or other 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
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with him in performing the WORK.
SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by PRINCIPAL
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shall not be considered extra services but on the contrary shall
be considered part of the WORK of PRINCIPAL.
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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
construction of the PROJECT, if the amount of the lowest
acceptable bid received by CITY for the construction of the
PROJECT is ten percent (10%) or more in excess of the final
amount budgeted or approved for the cost of the construction
contract of the PROJECT. Revision shall not be interpreted to
mean major redesign of project elements previously approved by
CITY.
B. any other revision suggested by CITY that are within the
scope of the WORK before the Design Development Documents and
Outline Specifications are approved by CITY.
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books,
survey information, maps, contract documents, reports and other
data developed as a result of this Agreement shall become the
property of CITY without restriction or limitation on their use.
PRINCIPAL shall not be liable for possible damages resulting from
CITY'S use of the Contract Documents or any other project.
It is further' stipulated that all information developed as a
part of the PROJECT shall not be used by PRINCIPAL without
written consent of CITY.
It is further understood by and between the parties that any
information, maps, contract documents, reports, tracings, plans,
drawings, specifications, books 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 consent of CITY.
It is further understood that no press release or publicity
is to be issued by PRINCIPAL without prior submittal to CITY and
written approval from CITY.
SECTION XII - AWARD OF AGREEMENT
PRINCIPAL warrants that it has not employed or retained any
company or persons to solicit or secure this Agreement, that it
18 85-657
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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
making of this Agreement.
PRINCIPAL also warrants that to the best of its knowledge
and belief no Commissioner, Mayor or other officer or employee of
CITY is interested directly or indirectly in the profits
emoluments of this Agreement or the job, work, or services for
CITY in connection with the contract or construction of this
PROJECT.
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 CITY.
PRINCIPAL is aware of the conflict of interest laws of both
CITY and Dade County, Florida, and agrees that it shall fully
comply in all respects with the terms of said laws.
SECTION XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
Agreement between CITY and PRINCIPAL, and supersedes all prior
negotiations, representations or Agreements, either written or
oral. This Agreement may be amended only by written instrument
by both CITY and PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
PRINCIPAL shall make no assignments of transfer of this
Agreement, or sublet, assign or transfer any part of the WORK
under this Agreement without the written consent of CITY. This
Agreement shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors and assigns.
SECTION XV - NON-DELEGABILITY
It is understood and agreed that the obligations undertaken
by PRINCIPAL pursuant to this Agreement shall not be delegated to
any other person or firm unless CITY shall first consent in
writing to the performance of such services or any part thereof
by another person or firm.
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SECTION XVI -•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
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and other factual unit cost. Such adjustments must be made
within one year following the end of the Contract.
SECTION XVII - WAIVER
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by CITY. The
failure of CITY to insist upon the strict performance of any of
the provisions or conditions of this Contract, shall not oe
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.
SECTION XVIII - RIGHT TO AUDIT
CITY reserves the right to audit the records of PRINCIPAL
any time during the prosecution of this Agreement and for a
period of one year after final payment is made under this
Agreement.
Notwithstanding any other provision of this Agreement, in no
event shall the payment of the FEE under Section V herein, enable
PRINCIPAL to earn a profit of more than TWENTY PERCENT (20%) of
the FEE. At the time the final increment of that FEE is due to
be paid by CITY to PRINCIPAL pursuant to the terms of SECTION V
herein, PRINCIPAL shall submit to CITY a certification of its
total costs incurred and profits realized in providing the basic
services as outlined in SECTION III herein. If 'such
certification indicates profits in excess of the maximum set
forth above, PRINCIPAL shall simultaneously remit any coverage to
CITY. CITY reserves the right to audit the books and records of
PRINCIPAL and to adjust the amount of any such repayment in the
light of said audit. In calculating the total costs incurred by
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85--657
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PRINCIPAL'S own staff, PRINCIPAL shall use a percentage overhead
applied to the DIRECT TECHNICAL SALARY EXPENSE as defined in
SECTION II herein. The percentage overhead shall be equal to
the actual percentage overhead pertaining for all of PRINCIPAL'S
work in the last twelve (12) month period preceding the date of
this Contract for which data is available. All services provided
by subcontractors to PRINCIPAL shall be included at the actual
cost paid by PRINCIPAL and the percentage overhead shall not
apply.
SECTION XIX - 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 PRINCIPAL'S activities under this
contract, including all other acts or omissions to act on the
1
part of PRINCIPAL, or any of them, including any person acting
for, or on it or its behalf, and, from and against any orders,
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judgments or decrees which may be entered, and from and against
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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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SECTION XX - INSURANCE
1
PRINCIPAL shall not commence work on this Contract until it
has obtained all insurance required under this Section and such
insurance has been approved by CITY.
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PRINCIPAL shall maintain during the term of this Agreement
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the following insurance:
A. An Automobile Liability Insurance covering all owned,
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non -owned, and hired vehicles in the amount of not less than
,.
$100,000 per person each, $300,000 per accident for bodily
injury, and $50,000 per accident for property damage.
4.;
B. Professional Liability Insurance in the minimum amount
of $1,000,000 covering all liability arising out of the terms of
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this Agreement.
C. Workers' Compensation Insurance in the statutory
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amounts. The insurance coverage required shall include those
classifications as listed in standard liability insurance
21
85-65'7
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manuals, which most nearly reflect the operations of 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 Ddepartment of CITY.
PRINCIPAL shall furnish Certificates of Insurance to
CITY prior to the commencement of operations which Certificates
shall clearly indicate that PRINCIPAL has obtained insurance in
the type, amount and classification as required for strict
compliance with this Section, and that no material change or
cancellation of insurance shall be effective without ninety (90)
days written notice to CITY.
Compliance with the foregoing requirements shall not
relieve PRINCIPAL of its liability and obligations under this
Section or any portion of this Agreement.
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SECTION XXI - RIGHT OF DECISIONS
All services shall be performed by PRINCIPAL to the
satisfaction of the Director of the Parks and Recreation
i
Department who shall decide all questions, difficulties and
I
disputes of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the services
hereunder, and the character, quality, amount, and value thereof,
and the DIRECTOR'S decisions upon all claims, questions of fact,
and disputes shall be final, conclusive and binding, upon the
parties hereto, unless such determination is clearly arbitrary or
unreasonable. In the event that PRINCIPAL does not concur in the
judgment of the DIRECTOR as to any decision made by him,
PRINCIPAL shall present his written objections to the CITY
MANAGER; and the DIRECTOR and PRINCIPAL shall abide by the
x
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 DIRECTOR and the CITY MANAGER and submitted to
the City Commission for approval.
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22 85-657
SECTION XXII NON-DISCRIMINATION
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A. PRINCIPAL will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. In the event of PRINCIPAL'S noncompliance with
this Section of this contract, this contract may be cancelled,
terminated or suspended in whole or in part and PRINCIPAL may be
declared ineligible for further CITY contracts.
B. PRINCIPAL will, in all solicitations or advertisements
for employees placed by or on behalf of PRINCIPAL, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
C. PRINCIPAL will send to each labor union or
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representative of workers with which he has collective bargaining
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agreement or other contract of understanding, a notice, to Abe
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provided by the agency Personnel Officer, advising the labor
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union of worker's representative of the contractor's commitments
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under this Equal Opportunity clause, and shall post copies of the
7
notice in conspicuous places available to employees and
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applicants for employment.
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D. PRINCIPAL will include the provisions of this Section in
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every subcontract or purchase order, so that such provisions will
be binding upon each subcontractor or vendor.
SECTTION XXIII - INDEPENDENT CONTRACTOR
That PRINCIPAL and its employees and agents shall be deemed
to be an independent contractor, and not an agent or employee of
CITY, and shall not attain any rights or benefits under the Civil
x
Service or Pension Ordinance of CITY, or any rights generally
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afforded classified or unclassified employees; further he/she
4
shall not be deemed entitled to Florida Worker's Compensation
benefits as an employee of CITY.
SECTION XXIV - CONSTRUCTION OF AGREEMENT
'l
The parties hereto agree that this Agreement shall be
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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
23 85-657
proper corporate officials, executed this Agreement, the day and
year first above set forth.
ATTEST: PRINCIPAL: Albert R. Perez Assoc., P.A.
Secretary of the
Corporation
ATTEST:
President of the Corporation/Sea!
THE CITY OF MIAMI (a municipal
corporation of the State of Florida)
By:
City Clerk City Manager
APPROVED AS TO -CONTENT: APPROVED AS TO FORM AND CORRECTNESS:
Director City Attorney
Department of Parks and
Recreation
Finance Department
Risk Management
24
SS-'657
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