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Home My WebLink AboutR-85-0519J-85-505 5/9/85 RESOLUTION NO. A RESOLUTION DIRECTING THE CITY MANAGER TO PROCEED WITH COMMENCEMENT OF CONSTRUCTION AND THE IMPLEMENTATION OF THE BAYFRONT PARK REDEVELOPMENT PROJECT PROVIDED HOWEVER THAT NO FINAL DECISION SHALL BE MADE ON THE DEMOLITION OF THE LIBRARY BUILDING UNTIL ALL MONIES OR LETTERS OF CREDIT NEEDED TO BUILD THE BAYFRONT PARK REDEVELOPMENT PROJECT ARE IN THE BANK. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby directed to proceed with commencement of construction and the implementation of the Bayfront Park Redevelopment Project provided however that no final decision shall be made on the demolition of the Library Building until all of the monies needed to build said Project are in the bank either in the form of cash deposits or duly executed Letters of Credit. PASSED AND ADOPTED this 9th day of May , 1985. TST: c�� e G. ONGIE CLERK PREPARED AND APPROVED BY: c� 2-0�- ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS �n CITY ATTORNEY RFC/rr/053 AND CORRECTNESS: Maurice A. Ferre MAURICE A. FERRE MAYOR CITY COMMISSION N MEETING OF MAY 9 1985 IN tio. 85— ; rI 5, 60 CITY COP MIAMI. PWRIDA INT19041MICE MEMONANDUM *o: Honorable Mayor and DAM April 309 1985 "Litt BP Members of the City Commission SUMACT. Main Public Library Building/ Public Hearing Item Rr,oM: Sergio Pereir ner¢ReNccs: Scheduled at 6:00 PM on City Manager May 9, 1985 Commission Meeting ¢Nero:uRts: ( 3 ) A public hearing regarding the Main Public Library Building at Bayfront, Park is scheduled for the May 9, 1985 City Commission Meeting at 6:00 PM. At the April 11, 1985 Commission Meeting, the Commission requested the Administration to provide the following materials: A. Summary of Bayfront Park Public and Private Funding B. Copy of Agreement between City and Artist Isamu Noguchi C. Analysis of Renovation and Relocation Costs for Reuse of Library as City Offices :a f' D. Minutes of Commission Meeting whereby Mr. T. Gould committed to make a donation to the Bayfront Park project In response to the Commission's request, materials related to the above Items "A", "B", and "C" are attached. We are still in the � n n process of researching Item D . Per the Commission's further request of April 11, 1985, The Rouse Company has been invited and will have representation at the scheduled May 9 Public Hearing on the Library issue. SP/JEG/mim ATTACHMENT 'A' BAYFP.ONT PARK REDEVELOPMENT DEVELOPMENT FUNDING Initial project startup costs and funding sources for design, constnrc tion drawings, and special consultants: City of Miami $ 11000,000 Knight Foundation $ 20,000 National Endowment for the Arts Art in Public Places $ 50,000 Architecture, Planning & Design $ 15,000 Design Arts Program $ 20,000 $ 111051000 CONSTRUCTION COSTS The Bayfront Park Redevelopment Project, containing nine special elements and general park improvements, is estimated to cost: Baywalk $ 6,200,000 Pepper Fountain $ 2,446,563 Promenade $ 952,492 Chopin Plaza Court $ 1,700,575 Rock Garden $ 250,000 Tower of tight $ 1,751,604 Amphitheatre $ 5,420,708 Amphiwalk $ 227,714 Play Sculptures $ 110,000 General Park Improvements $ 2,208,764 $21,268,420 FUNDS COMMITTED The following are construction funds for the project, Indicated by source: U.S. Corps of Engineers U.S. HUD UDAG Grant Rouse -Miami, Inc. Contribution State Land & Water Conservation Grant City Match State FRDAP Grant City FRDAP Match $ 6,200,000 $ 6,012.854 $ 11000,000 $ 455,856 $ 455,856 $ 200,000 $ 100,000 $14,424,566 85-519_ f ATTACHMENT 'H' 1' N1 SnldltinV M/.11 A W.11KIWI'lln Alf"WINNI; TINE City "'"WR tO I.VTI:N i%w nit ATtMiv, A1;N1 mm. altll TINE ANTist Isual N.hxtl]II to MNMIIN: WISTIC StRV143S IR ON1111:Ct11". I11Ti1 Tilt 11F 110411'NUXt PARK, list VG llso,oeo IN 1Ri:1 Rs AVAIImp.. ma n* A't11AN.711 "XIMAIN PICA IVt:. MIX111"t. 0 MIQ:RtJ1li. the City of giami prnposw to develop an IN acre portion of Nsyfront Park in dwnte" Miami. and has previously approved a pre- liminary deaipl and 144RE", the City wishes to expand the project area to include the feminist approaisate 10 acres to the nurtht and %IllE 1:Ati. this expansion ►ill resluire revisitm of the preliminary matey plan approved on .ktuher, Al, IYAO. and MMREAS, the City wishes to cnRaSc the artist Isaw Volluchl to contitwe his artistic services for the redevelopment of Rayfront Part: and man", funding In the amount of 1131I.M1 is available from the Noruchi fountain Plaza Inc. Account that was terminated as a result of the new agreement. m, T11F.RI mr, Mt IT scsumim RY wk amiss1111; OF niE CITY OF MIANI. FIAIRIDA: $seises 1. The City Manalter is hence• authorised to enter Into the attached agreement betwaen the laity and Isam11 %olluchl to provide artistic services in connection with the rNevelorwnt of Nayfront Park using funds in the amount of S1111,101 available from the % twhi Fountain flat& Ime. Account. FASSIM UP AW11141 this _JL,_,_ day of JANUARr . 191111:. t CeCITYMCLERK AS TO FORI/ A%p CDMCT%t%b: 11TV' ORVY I MAR A j_____ tR9FMCD 4710 AtAt WISD STt &A4 &At*< /. CLM • tV'R'Ir CITY ATFOO-0 my CW JANZ 8100 85-51.5 # ATTACHMENT 'B' 0 RiAllAltlt"I %t1. 92,079 A RFtluLtttltl!1 AIMWI:1i47 TW CIT1 4A.4A1WR tO i.111'I:R tVW 111E AITPAIN711 AtlRI:IPW-%1 mlTtl nE ARTt%T IS MI IM11011 To t4kW1101: ARti0n, 511was is tmm:tt41V 111TI1 tilt RtiMNLIA INIIV tt! amrRmt DANK, 11sm; 1130,000 IN 101111A AYAibi A-. 1'90N n* %t1131011 k%WtA1M MA:A ISIC. UUM1141. "BA&AII6 the City of 4tomi pr"Pused to Jevrlop an IR acre portion or Sayfront Park in t4wntowl Miami. and has previousip approved a pro• ilainary desigas snta IAtERgn, the City wishes to expend the project area to include the rMin►mj approximate iO acres to the north. end 414:11I:Ai►. this expansion •III reyuirc rvvlsion of the preliminary master plan approved on tktohrr V. 191111t and WERF.AS. the City wishes to engage the artist Isom YoRuehl to continuo his artistic services for the redevelopment of sayfront Park: and NIEREAB, funding in the amount of f130.Wo Is available from the Uguichi Fountain Plaza Inc. Account that was terminated as a result of the new agreement. .Wb, Tirm-1'IIRF.. 1W it Rlisol' LD tT THE C(MIS510% OF "IF. CITY OF MIAatl, FUMt1VA: SetHOR 1. The City ltanagvr is hcr►b' AuchariZVd to enter into the attached agreement between the City and lame %asuchl to provide artistic services in connection with the nJmclopwftt of Rayfront Park wing funds in the amount of SIS1i.tNMl available from the %osuchi Fountain Plaza Inc. Account. PASSIM UP A11011131 this _JJL_,,,,. Jay of gANUARt , 19ti:. s • dF'!� qC11TT3CtURK AS TU FORU A.Ui OORREtTtr'a: t'If1' n8�r:Y MAR A FEW PREPARED AXD APPROVE) RTt e- e&-4 � && ft <- 1IRT f• CLARK , PrR'IT CITY ATTOR'NRT art COi ar -aas 85-515, e Ctv of fflikoltq L It, PURCASE ORDER ...f+f+ .�. -IC14ASS 0140914 Ito MUST SHOWN ON OtLIVtRY Mt. INVOICE & StAtWINT •f •�.aaO. a. team W90" +t+♦.fa .a. a . 4, L_ J :LIVEp TO: City or Kim" prim orpas�emt P. 0a BOX 33W= Himis tloeiift 33133 O.R. DESTINATION UOTE @Y: OUOTN OATS CRM!• DEL IVEIIY 57"No QTY. l _ DESCRIPTION , PRNCE EXT. artist" Obi. in With dw go A we GPM% of agrfmut pii&O uthw1 w by io000i1rt.LQf W-" &t d 1.38-Me and Agreement "tad 1-29-C Paya.at trim, bt Suter Was aaRfli tiara of "Ch pOsticn at the %V* Y. lo3lo�Iea>1 (1) >ti'aliaioatY d.alga oa�o jp�lc a�slaae low thre MAX1010 Ma .41001ra (2) DwL" iD� . much,, 1982 th1'+ no Jn.e 1993 .4 30,01 —7 sue. o 6.11114 t D oo0 TOTALS REQUESTING DEPT. 0,. uV 017 %D Ittu. _ IMPORTANT NOTICE Torlm ad conditions 1. InvekM must be mailed in evoican to city of Miami ACCOUn/iM Div.. Dept of Pinance, P.O. son 320700. Miami. Flew 32133. _. Always ship by least expensive route unless Otherwise specified. 2. A Copy of the delivery flip must be Mtt with the receivingelark, t. Off not substitute or Change this cadet without authority from the Oivition of Purchasing. S. The right is reMrved to wspect all shlomants alter delivery and to reject any material which may be defective or not in accordance with the Stated specifications, 6. E ■Gent by prior agreement; this order must not be shipped w Invoked at prices higher than those shown. 7. The caller hall comPtied w will comply with all federal, Stan, and local lanes, regulslions or Orders applicable to the purchase, manufacture. prooascns, and delivery of materials. S. Where federal excite tax applies, invoke must show grog price. amount of tax and not price. Exemption certificate will be furnished on roeuest. 9. 11 delivery to destination cannot ba made On of before the specified does, notify the Purchasing Office prornpty. This order will become null and void after ninaey ISO) days unless otherwise specified. of by agrsomerhf with the Purchasing Division. 10. It the seller shell default in any respect of become Insolvent. or if a petition in bankruptcy is Map by or st oinst the Sober Finder any Federal Stan. or local law: the Chile M addition to 0~ 4on or raha les, may terminate a tonal this order. 11. Any inquiries relative to this odes should be adW~ to: ON. of Purchesin City of Mlaml, P.O. Son �30704. Miami. Fla. 33133. Phone 13051 $794380. 12. State Tax and use Cortlfieaw 9044=63•08.23. 13. All shipments are to be F.O./. Destination unless otherwise indicated On the Purchase Order. Shipping documents will Indkaa chat delivery is to be mode onto or into the receiving area 4osW nand by age Consignee. 14. Allmsm a of this ►wchaw Order constitutes "adars agree-! v t to comply with the above terms arw conditions. CITY OF MIAMI HY A L. MULLINS PURCHASING AGENT -Aa k V* New Varkit WN LING ISLANDCIT Julie John calchrLst AAAWMd"t MY M.1n.jrer rl.anittlAg Department 330708 ?jjaw.L. plowLja 33133 Pdrk DeKtOn Developmant I AM UNT DUU: $300000 OP ' 'P do �Yllr I* C29:04 PO* VAI I 85-5ig- - 6 c4ceflum 1XTTER OF AGREEMENT EETWES THE CITY OF MIAMI AND ISAMU NOGUCHI HOA ARD %. GAP cm Me.-L. The City of Miami desires to engage the sculptor, Isamu Noguchi, to continue his artistic services for the redevelopment of Sayfront Park. It is the intention of the City to retain the sculptor as the sole artistic interpreter of the project through- out the design and construction phases, in accordance with the artist's design concepts. The City will pay a total_ lump sum fee of $130P000o to be paid in the amounts indicated below, for the following Artistic Services to be accomplished by Isamu Noguchi in a timely manner. The City and the Artist agree upon the following terms and conditions, which represents the entire agreement between the parties: Artistic Services 1) The artist will continue to develop the preliminary design concept/park master plan including an approximate 10 acre addition to the north from January to March, 1982. The lump sum fee should be $10__0 000 for this portion of the work. Payment will be made upon completion of this portion of the work. 2) The Artist will be the primary designer during the design development process in conjunction with the City's consultants and the Corps of Engineers consultants during the initial preparation of construction documents (phase from March, 1982 through June, 1983) . The lump sum fee shall be $30___,_000_ for this portion of the work. Payment will be made upon comple- tion of this portion of the work. DEYARTMIAT Of PAW/Office of the Difecta /2600 S. saythae Dr. /I.O. Box 330700/Miami, fl 33133/430515794900/6920 CARL KERN. Director 85--515 2t is the purpose of this agreement to continue the design dialogue between all parties to ensure that the artist's design concepts are implemented in an uninterrupted fashion, In the event that this agreement is amended, such amendment must be in writing and mutually agreed upon by both parties. This agreement may be terminated by either party upon seven days written notice. In the event of termination which is not the fault of the sculptor, the sculptor shall be com- pensated for all reasonable expenses incurred prior to ter- mination. 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. Signed and sealed this 24V day ofOF , 1992. WITNESS THE CITY OF MIAMI to municipal) corporation of the State of Florida ) eyt 9 t, 0' - V CITY " GER AS TO F ORRECTNESSt 85-518. . COR flum LETTER OP AGREEMENT BETWEEN THE CITY OF MIAMI AND ISAMU NOGVCHI NOMRO V. GkR1 en• r►1a*r1t�•• The City of Miami desires to engage the sculptor, Isamu Noguchi, to continue his artistic services for the redevelopment of Sayfront Park. It is the intention of the City to retain the sculptor as the sole artistic interpreter of the project through- out the design and construction phases, in accordance with the artist's design concepts. The City will pay A total lump sum fee of $23_,0,000,, to be paid in the amounts indicated below, for the following Artistic Services to be accomplished by Isamu Noguchi in a timely manner. The City and the Artist agree upon the following terms and conditions, which represents the entire agreement between the parties: Artistic Services 1) The artist will continue to develop the preliminary design concept/park master plan including an approximate 10 acre addition to the north from January to March, 1982. The lump sum fee should be $10_ 0 000 for this portion of the work. Payment will be made upon completion of this portion of the work. 2) The Artist will be the primary designer during the design development process in conjunction with the City's consultants and the Corps of Engineers consultants during the initial Preparation of construction documents (phase from -March. 1982 through June, 1981). The lump sum fee shall be $30` for . :......... this portion of the work. Payment will be made upon comple- tion of this portion of the work. DIP"fMLNT Of PARKS/ol/keof the obetta/2WS. Oay0we or./P.O. Boa 33M/Miami, FL 33133/1305) S794900/6920 CARL KERN, okwor 85-51S .. lb t' 6 it is the purpose of this agreement to continue the design dialogue between all parties to ensure that the artist's design concepts are Implemented in an uninterrupted fashion. In the event that this agreement is amended, such amendment must be In writing and mutually agreed upon by both parties. This agreement may be terminated by either party upon seven days written notice* in the event of termination which is not the fault of the sculptor, the sculptor shall be can- pensated for all reasonable expenses incurred prior to ter- mination. The parties hereto agree that this agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. `T Signed and sealed this day of , 19820 I ATTESTS WITNESS =GOMM CI THE CITY OF MIAMI (a municipal) corporation of the State of Florida) 8y: or 'CrTy NA "R By$ Sculptor AS To r !!-Rl18.R01tRECTNB38 s W&Wk,awll 85-513_ =16 THIS AGREEMENT, `e -and entt�ted ��Rbr,irhi32. ...._� dl March , 1980, by and between the CITY OF MIAMI, a municipal corporation of the State of Plorida, hereinafter referred to as the "CITY", and ISAMU NOGUCHI, hereinafter referred to as the "ARTIST". GENERAL It is the intention of the CITY to engage the ARTIST for design services to provide a Master Plan for Bayfront Park. SCOPE OF WORK The ARTIST shall prepare a conceptual design for the CITY'S review within a nine (9) month period for a fixed fee of ONE HUNDRED THOUSAND DOLLARS ($1009000.00). In the preparation of the design the ARTIST may employ such consultant as he deems necessary in order to complete the work under this Agreement. It is understood that the ARTIST will determine the fees of each of his consultants within the fixed amount indicated above. Said consultants shall be the employees or agents of the ARTIST. PAYMENTS The City Commission by Ordinance No. 8971 has appropriated an amount of $100,000.00 in a trust and agency fund, entitled "The Noguchi Earth Sculpture in Bayfront Park" out of which trust and agency fund the fixed fee amount indicated hereinafter will be paid, in accordance with the following conditions: 1. An.initial payment of THIRTY-THREE THOUSAND DOLLARS ($33,000.00) upon Execution of this contract. 2. A subsequent payment of THIRTY-THREE THOUSAND DOLLARS ($33.000.00; for services ihall be made upon submission of the preliminary design. 3. Upon completion by the ARTIST and acceptance by the CITY of the final schematic design presentation, the remainder of the fee, THIRTY-FOUR THOUSAND DOLLARS (J34_,000.00) will be paid the ARTIST. PRESENTATIONS The ARTIST shall make two presentations in Miami - a preliminary schematic design presentation and a final schematic design presentation - to the CITY for its review and acceptance. -1- 85-5:15 . `Q��yt:1t51iI P .Ot .DESIGN ' All designst models and other data as developed by the ARTIST as instruments of service for the purpose .of this Agreement, shall remain th property of the ARTIST. The ARTIST shall furnish the CITY with reproducib: copies of the approved final schematic design presentation drawings for t. CITY'S use in the implementation of the Noguchi Master Alin for Sayfront Park. It is understood and agreed that the ARTIST may not duplicate the schematic design for construction elsewhere without the approval of the City Commission; however, the ARTIST may duplicate the designs, models • and other data for the purposes of cataloguing, illustrating and exhibiti his artistic achievements without restriction. It is understood and agreed that the CITY may reproduce the final schematic design presentation drawings for whatever purposes the CITY desires, provided, however, that when the drawings will be used for _ construction purposes, the CITY will be restricted to use the drawings only for the"implementation of the Noguchi Master Plan for Bayfront Park. When the CITY undertakes the implementation of the approved final schematic design concepts for the construction of the new park, the ARTIS shall have the exclusive right of interpretation of the concepts througho the design and construction phases. 0 SUBCONTRACTORS Nothing contained in this Agreement shall create any contractual relationship between the Subcontractors working for the.ARTIST and the CITY. It is understood that the ARTIST is in no way relieved of any responsibility under the terms of this Agreement by virtue'of any Subcontra who may perform services for the ARTIST. SUBLETTING The ARTIST shall not sublet, assign, or transfer any creative work under this Agreement without the written consent of the CITY. ' - TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven day's written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the -- termination. .2- 85-515. 0 a In the event of t in8tion . not the.. fsult of -the ALMISTI, MaL ARUST, shall be compensated for all services performed to termination date, and shall reimburse the CITY any of the advanced compensation that in the CITY'S opinion he is not entitled to. AWAW Cfi AGRE24 fT The ARTIST warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the ARTIST, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ARTIST any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach or vio2ation of this warranty, the CITY shall have the right to annul this Agreement without liability. The ARTIST 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. NOTICES Any notices, reports, or other written communications from the ARTIST to the CITY shall be Sonsidered delivered when posted to the ARTIST at the last address left on file with the CITY, or delivered in person to said ARTIST or his authorized representative. E TTI RETY OF AGRMEN T • This writing embodies the entire Agreement and understanding between the parties hereto,, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless madein writing and signed by both parties hereto. This Agreement shall be governed by and construed according to the laws of the State of Florida. .3- 85 51E. . i •• i IN 1til`F\'SSS h1 alp •�� .... _ and year first above set forth. AppROVCD AS To CONTENT: k• eti e erector elopment Authority MIE City Of MIAMI, a fmicipal corpora a State of 11nri"tia 85-51s.. Ail 77/ `� r A. �tE._E_ M__e_ N T THIS AGREENlNT made and entered into this__.�iday of 1981, by and between the CITY OP MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and NOGUCHI POVNTAIN Pt,AZA, INCOR- PORATED, a New York corporation, hereinafter referred to as NFP. W I T N E S S E T H: WHEREAS, the CITY proposes to redevelop an 18-acre portion of Bayfront Park in Downtown Miami: and i. WHEREAS, the CITY has approved by Resolution No. 80-751 on • October 30, 1980 the Isamu Noguchi preliminary design for this portion of Bayfront Park; and WHEREAS, the'CITY desires to commission NFP to proceed with certain works of art consisting of two fountains in con- nection with the Bayfront Park Redevelopment project, per Motion 80-752 on October 30, 1980; and WHEREAS, NFP has expressed its desire and willingness to provide such services; and WHEREAS, the City Manager has been authorized by the City Commission to commission NFP to perform said services and NFP has agreed to perform such services upon the terms and -con- ditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CITY agrees to commission NFP and NFP agrees -to perform all required services in connectiori with the WORK as described herein, upon the following terms and conditions; namely: SECTION I - GENERAL • A. NFP and the CITY are fully aware of the time re- quirements for this undertaking and NFP will therefore proceed with all diligence to carry out the WORK and to meet such re- quirements. 004 F e. NrP shall perform all required artistic services as hereinafter set forth and in general accordance with the Fr instruction of the CITY. C. The CITY agrees to pay and NFP agrees to accept as payment in full for all artistic services rendered, as outlined in SECTION III - SERVICES hereof, the LUMP SUM FEE of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00). 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+the CITY. : C. DDA - is hereby defined as the Downtown Develop- ment Authority, Miami, Florida. D. COMMITTEE - is hereby defined as members of the Noguchi Committee as established by the Mayor, the City, and the DDA. E. COORDINATOR - is hereby defined as the Coordi- nator for this Agreement. F. NFP - is hereby defined as Noguchi Fountain Plaza, Incorporated, 32-37 Vernon Boulevard, New York, New York 11106, (212) 545-8842. G. WORK - is hereby defined as two original foun- tains to be designed by NFP exclusively for the CITY under com- mission by this Agreement. The locations of the fountains to be constructed in Bayfront Park are shown on the attached "Appendix A" H. LUMP SUM FEE - is hereby defined as the amount of money that the CITY agrees to pay and NFP agrees to accept as payment in full for all artistic services rendered pursuant to this Agreement, to complete•the WORK as further described in SECTION III - SERVICES, hereof. SECTION III - SERVICES NFP shall perform the following services in connection with the WORK. 2 A. Works of Art - Create two unique fountains for the CITY. The principal artist in the corporation, Mr. Isamu Noguchi, will personally accomplish the creative and artistic components of the WORK. B. General 1. Meet with representatives of the CITY, DDA, and the COMMITTEE about the progress of the WORK. 2. Provide and pay for all material, labor and related services in connection with this Agreement. C. Schematic Design Phase - Schematic Design has been approved by the City Commission by Resolution 80-751 on October 308 1980, as part of the preliminary design plan accomplished by Isamu Noguchi under a previous agreement. D. Design Development Phase - During the Design Development Phase, upon written authorization of the CITY and as directed by the CITY, for the approved schematic -design, NFP " .. shall: 1. Prepare Design Development Documents con- sisting of plans, elevations, and other drawings, and outline specifications, all in order to fix and illustrate the size and character of the fountains, their essentials as to location, kinds of material, type of structure, mechanical and electrical systems, utilities locations, and such other works as may be required. rt&' 2. Submit completed Design Development Documents. i 3. NFP shall assist in making a presentation 35_{' to a full City Commission of the Design Development Documents, Outline Specifi- �.;,.. cations, Construction Cost Estimates, and rendering. s 4. NFP shall revise the Design Develop- ment Documents and other documents as directed by the City Commission. 3 Al t. The Design Development Phase shall be completed when the CITY approves and accepts the Design Development Documents. E. Construction Documents Phase - During the con- struction Documments Phase, upon written authorization of the CITY and in accordance with all the approved and accepted parts of the Design Development Phase, NFP shall: 1. Prepare construction contract plans and specifications and other contract documents and assist the CITY in preparing the general conditions and supplementary general con- ditions, for the complete WORK. These docu- ments shall be in conformance with all appli- cable state and local laws and codes and shall include the working drawings and speci- fications, adequately setting forth in de- tail descriptions of materials, workmanship, finishes and equipment required for all t architectural, structural, mechanical and electrical work, specialties and equipment and site improvements. It 2. Advise the CITY of any adjustments to pre- vious estimates for the construction cost of the fountains that may be indicated by changes in scope, design, requirements, market conditions or otherwise. 3. Furnish the CITY with Final Estimate of Con- struction Costs based upon the completed working drawings and specifications, broken down into major categories. NFP Estimates of Construction Costs shall be construed as an informed professional opinion and the CITY will rely on it as a reasonable approximation. 4. See that all construction contract plans and specifications (working drawings and specifi- e { cations) beat the seal of either a Plorida registered professional architect or engineer and that the names of professionals respons- ible for major portions of each separate specialty of the WORK appear on the construe tion contract plans and specifications. S. Conduct all necessary regulatory and permit- ting checks and assist in obtaining all neces- sary permits from all governmental authorities having jurisdiction over the WORK. The CITY will assist NFP by expediting CITY's pro- cedures for this purpose. 6. Revise the construction contract plans and specifications, and any other written report or written document, as required, to conform with codes, regulations, rules, etc., govern- ing the WORK. 7. Submit the completed construction contract plans and specifications to the CITY for a complete and detailed review and approval. 8. Deliver to the CITY the completed master set of construction contract plans and specifica- tions and other related parts of the Con- struction Contract Documents in reproducible form. The Construction Document Phase shall be considered completed on the day the CITY accepts from the NFP the completed Construction Contract plans and specifications ready for con- struction bids. SECTION IV - CITY SERVICES A. The CITY will furnish NFP with plans and other documents that NFP may require and which are available in the CITY's files and which pertain to the services to be performed under this Agreement. It is understood that such information will be on a loan basis, NFP will return thEm to the CITY prior to the time the CITY makes final payment to NFP. 5 85-518_ - Z S. The CITY MANAGER will appoint a COORDINATOR who will act as the liaison between the CITY and NFP. NPP will contact the COORDINATOR on all utters pertaining to this Agreement and, in general, follow the COORDINATOR's instruc- tions and directions in regard to the execution of this Agreement. Co' 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, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries; and contours of the site; locations, dimensions and data from existing records on file in the Department of Public Works of the CITY pertaining to existing buildings, other im- provements and trees; and information concerning available ser- vice utility lines both public and private. D. The CITY shall do all reproduction and binding of the bidding and construction sets of the drawings and specifi- cations. ` E. The CITY shall furnish all required testing nec- essary for the WORK, including core borings, test pits, struc- tural, mechanical, chemical, soil, and mill and laboratory tests, and the services of a soils engineer or other special consultants when deemed necessary by NFP; and NFP shall be entitled to rely upon the accuracy, completeness, and competence thereof. SECTION V - COMPENSATION A. The CITY agrees to pay and the NFP agrees to accept a LUMP SUM FEE as payment in full for services rendered, pursuant to the WORK in accordance with the terms and conditions of this Agreement. B. An initial payment in the amount of Seven Thous- and Five Hundred and 00/100 Dollars ($7,500.00) to NFP (equivalent to SO of LUMP SUM FEE) shall be due upon execution of this Agreement. 85-51� • y C, Subsequent payments will be made monthly in pro- portion to the services performed within each phase of services so that compensation at the completion of each portion of the 14ORK shall equal the amounts of the LU11P SUM FEE, as shown in the following schedule of paymentss Accumulated Value Item of Work Payment_ of. Lump Sum. Pee 1. Initial payment $ 7,500.00 $ 70500.00 2. Design Development Phase 52,500.00 60,000.00 3. Construction Document Phase 90,000.00 150,000.00 SECTION VI - SCHEDULE OF WORK NFP and the CITY have determined that a reasonable time to complete the WORK is as follows: A. Design Development Phase 120 days B. Construction Document Phase 180 days SECTION VII - TERMINATION AND SUSPENSION OF AGREEMENT A. 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 Agree- ment shall be in writing to NFP and NFP shall be paid for only that work which has been completed prior -to termination in accordance with SECTION V - COMPENSATION, provided however that NFP is not in default under the terms of this Agreement. In no case, however, will the CITY pay NFP a greater amount for an incomplete phase than would have been paid had the termination been made at the completion of the phase. B. In the event of termination, all documents, plans, etc., as set forth in SECTION VIII - OWNERSHIP OF DOCUMENTS shall become the property of the CITY, with the same provisions of use as set forth in said SECTION VIII. SECTION VIII - OWNERSHIP OF DOCUMENTS A. All tracings, plans, drawings, specifications, field books, survey information, maps, contract documents, re- ports and other data developed as a result of this Agreement shall become the property of the CITY. It is further stipulated 7 85-5IS _ . that all information developed as part of the WORK shall not be used by NFP without written consent of the CITY. e. It is further understood by and between the parties that any information, maps# contract documents, reports, tracing, planet drawings# specifications, books or any other matter what- soever which is given by the CITY to NFP pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by NFP for any other purpose whatsoever without the written consent of the CITY. C. It is further understood that no press releases or publicity is to be issued by 14PP without prior submittal to the CITY and written approval from the CITY. D. irrespective of whether the WORK disclosed in drawings, reproductions, models, renderings, plans, specifica- tions, brochures and other documents and papers drafted, ., created, developed and produced by NFP and/or its consultants in pursuance hereof, is executed or performed, either totally I or partially, they shall all be the sole and exclusive property of the CITY for use in any manner and at any time the Commission shall deers appropriate without permission, hindrance or objection from or consultation with NFP and/or its consultants# except that apart from the installations contemplated at the site described on Appendix "A" hereof, the Commission shall not use nor permit others to use the design in whole or in part for any purpose without the approval of NFP in writing. SECTION IX - AWARD OF AGREEMENT NFP shall not engage during the period of this Agree- ment 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 employ- ees of the CITY. • NFP is aware of the conflict of interest law of both the City of Miami and Dade County# Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 8 85-518 ''S*TION_X -_ EXTENT_.OF,.. A0REEMENT This Agreement represents the entire and integrated Agreement between the CITY and NFP and supercedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instruments by both the CITY and NPP. SECTION XI = SUCCESSORS AND ASSIGNS NFP shall make no assignments or transfer of this 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, exdcutors, legal representatives, successors and assigns. .SECTION XII - RIGHT TO AUDIT The CITY reserves the right to audit the records of NFP any time during the prosecution of this Agreement and for a period of one year after final payment is made under this Agreement. SECTION XIII - INSURANCE AND INDEMNIFICATION NFP shall provide a certificate of professional liability insurance showing evidence of coverage which would meet the minimum requirements of the CITY, if appli- cable. NFP shall furnish a certificate of insurance to the CITY prior to the commencement of operations. SECTION XIV - NON-DISCRIMINATION A. NFP shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. SECTION XV - CONSULTANTS NFP will furnish the CITY with names or firm(s) which NFP proposes to engage to provide consulting services for the WORK, as subcontractor to the prior to executing contracts with them. NFP will be responsible for all the WORK of its own organization, and of its consultants or associates. Nothing contained in this Agreement shall create any contractual 9 85-51L5 rt: t- relation between any of the specialists working for NFP and the CITY. It shall be understood that NPP is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the WORK. SECTION._.XIX_- 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 above set forth. WITNESS: THE CITY OF MIAMI is municipal corporation of the State of Florida) r By CITY MAITAGER NOGUCHI FOUNTAIN PLAZA, INCORPORATED, a New York corporation By wft v or SHO ADAO ISAMU NOGUCHI, C a rman o the PR S NT/SECRETARY Board and authorized to execute agreements SEAL APPROVED AS. CONTENT: ,�, W D WET0KN DEVELOPMENT AUTHORITY 'TNESS : I LO r C A F F-I n_A v 1 T City of Miami Department of Law 174 Fast Flagler Street Miami, Florida 33131 TO WHOM tT MAY CONCERN: This is to certify that Isamu Noguchi is authorized to sign contracts ots behalf of NMchl Fountain 3 Plaxar Inc. Choinnon of the Board of Directors as its duly sworn ( zmtzestg) and is empowered to make and sign contracts and agreements binding Noguehi Fountain and Plaza Inge any contracts and agreements with the Cit�i of Miami. (State Facility of City). c lef ' Shpdao, President ;. nme - Title • Name of Corporation • Address of Corporation Noguchl Fountain & Plaza Inc. 32-37 Vernon Blvd. . Sworn before to and subscribed to /�Long Island City, N.Y. 11106 me this ay oE�X� 198 f .w t } 85-515_ - . 0 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH NOGUCHI FOUNTAIN PLAZA, INC. TO PROVIDE PRO- FESSIONAL AND ARTISTIC SERVICES TO THE CITY IN CONNECTION WITH THE REDEVELOPMENT OF 13AYFRONT PARK IN ACCORDANCE WITH SAID AGREE- MENT, USING MONIES THEREFOR IN THE AMOUNT OF $150000 FROM THE CAPITAL IMPROVEMENTS FUND. WHEREAS, the City of Miami proposed to redevelop an 16 acre portion of the Bayfront Park in downtown Miami and has previously approved a preliminary design by Isamu Noguchi; and WHEREAS, the City desires to commission Noguchi Fountain Plaza, Inc., a New York corporation, to proceed with designing certain works of art consisting of two fountains; and WHEREAS, Noguchi Fountain Plaza, Inc. has expressed its desire and willingness to provide such services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA.- Section 1. The City Manager is hereby authorized to enter into the attached agreement between the City of Miami and Noguchi Fountain Plaza, Inc. to provide professional and artistic services in connection with the redevelopment of Bayfront Park in accordance with said agreement using funds therefor in the amount of $150, 000 from the Capital Improvement Fund. Item IX.B.13. (c), Noguchi Earth Sculpture. PASSED AND ADOPTED this 17 day of MARCH , 1981. MAURICE A. FERRE MAYOR ATTEST: /, ITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ROBERT F. CLARK ACTING CITY ATTORNEY 8S-515, MEETING OR MAR 1. ? 111 I �PM1111i1AM YA • • . ,r. �..... . i tf� t�illlt, � 1Lirt� NO. .. 1 . PURCHASE ORDIr R _ _ `+`.�• � , ,� + tEI�Ii3L ORbER NO Mt`/+,It _ ��k r ',Irizi(r t!�.V�►Ltl�ludtl PUOICN1�e��iG 0 11 PI�RCHA�iNC� DIV1810N CITY HALL. P.O. BOX 330M NO- 34911 :» MIAMI. FLORIDA 33123 #, PHONE: 130SI 6794380 7 No`uchl lountsia Plana. Yne. 32-37 Verson Boulevard Nov Torke Nov York 11106 NOT62 L CHANGE "OVIK PURCHASE ORDER NOW IN YOUR POSSESSION TO READ AS INDICATED. ALL OTHER ITEMS ARE TO U SHRWED AS PURCHASE ORDER CHANGE NOTICE oRIo1NALLr:Psel►IEo. ALL CONDITIONS AND TRRMS OV THE PURCHASE ORDER WILL APPLY EXCEPT AS HEREIN CHANGED. OAT R W>UTION NO1 OEIJVCRY DATE PRSPAREO By P.O.W. Tsww4 4-30- 56299 lsa Kai IMO. CODE QUANTITY UNIT DESCRIPTION ►AICE AMOUNT PURCHASE ORDER NOW READS Design SArttieee for certain Works of art. Consisting of tvo fountains In Ba9frout Park. 1509000, CHANGE PURCHASE ORDER TO READ Sams 200000, &as. 81-157. and agreement dated / 3-30-81. REASON: asauce *L4u.yuy.yy per aept request 2XPEI4OITUR� ROL AEOUESTING DEPT. PI,URCHASIM AGENT 85--515 . U Ok OILY OF MIAMI. FLORIOA INtE1:-OFFICE MCMORANDUM 'o Richard L. Fosmoen o.rE February 1$, 1991 City Manager SUBJEC!r Resolution authorizing Agreaftnt with Noguchi Fountain Plata, Inc. °RoM Carl Re , 0 ator 19rPRENCES For City Commission Meeting Of "arks February 38, 1981. lMCLOSNRF.S. "It is recommended that the attached Resolution be adopted by the City Commission to enter into an agreement with Noguchi Fountain Plaza, incor- porated, to provide professional and artistic services to the City in connection with the re -development of Sayfront Park." The Miami City Commission by Motion 80-752 of October 30, 1980, directed the City administration to contract with =same Noguchi for fountain designs for Sayfront Park. Construction drawings for two fountains will be produced at a cost of $1500000 and will be completed in three months upon examtion of the contract. It is anticipated that private donations will be used as seed money to encourage private contributions for fountain construction as well as for use as match for future grant requests. CK/Ti�t/eg Enclosure qa 75ILS RESOLUTION NO. A RESOLUTION AUTHORIZING TH8 CITY MANAGER To ENTER INTO AN AGREEMT WITH NOGUCHI FOUNTAIN PLAZA INC. TO PRIDE PROFESSIONAti AND ARTISTIC SERVICES To THE CITr IN CONNECTION WITH THE PXDEVELOPMENT OF SAYFRONT PARK IN ACCORDANCE WITH THE ATTACHED AGREMENT. WHEREAS, the City of Miami proposes to redevelop an 18 acre portion of the Bayfront Park in downtown Miami and has previously approved a prelimft inary design by Is&= Noguchi; and WHEREAS, the City desires to comtaission Noguchi Fountain Plaza, Inc., a New York corporation, to proceed with designing certain works of art consisting of two fountains; and WHEREAS, Noguchi Fountain Plaza, Inc. has expressed its desire and willingness to provide such services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is fully authorized to enter into an agreement between the City of Miami and Noguchi Fountain Plaza, Inc. to provide professional and artistic services in connection with the redevel- opment of Bayfront Park in accordance with the attached agreement. ATTEST: RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLERK ASSISTANT CITY ATTORNEY PASSED AND ADOPTED this of , 1981. Maurice A. Ferro, MAYOR APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX CITY ATTORNEY 8577519.. • A' ft ok A G R E E ZI N_T THIS AGREE:tENT Wade and entered into this day of _.. , 1981, by and between the CITY OF MIAtII, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and NOGUCHr FOUNTAIN PLAZA, INCOR- PORATED, a New York corporation, hereinafter referred to as NFP. W I T N E S S E A H: tTHEREAS, the CITY proposes to redevelop an 18-acre portion of Bayfront Park in Downtown Miami; and WHEREAS, the CITY has approved .by Resolution No. 80-751 on October 30, 1980 the Isamu Noguchi preliminary design for this portion of Bayfront Park; and WHEREAS, the CITY desires to commission NFP to proceed with certain works of art consisting of two fountains in con- nection with the Bayfront Park Redevelopment project, per :lotion 80-752 on October 30, 1980; and WHEREAS, NFP has expressed its desire and willingness to provide such services; and WHEREAS, the City Manager has been authorized by the City Commission to commission NFP to perform said services and NFP r has agreed to perform such services upon the terms and con- 1 ditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CITY agrees to commission NFP and NFP agrees to perform all required services in connection With tho G]nAK ae Ama&-v-i %d%A heavni n _ imnn hhra fnl l nwinet terma and t .I. conditions; namely: SECTION I - GENERAL A. HFP and the CITY are fully aware of the time re- quirements for this undertaking and NFP will therefore proceed with all diligence to carry out the UORK and to meet such re- -a quiremants. 85-51S ft Olk B. shall perform all required artistic services as hereinafter ae;: forth and in genaral accordance with th.a instruction of the CITY. C. The CITY agrees to pay and 11FP agrees to' accept as payment in full for all artistic services rendered, as outlined in SECTION t1l - SERVICES hereof, the LUMP SUIT EE of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.01). SEC41011 II - Dr.FiNTTIOtv'S A. CITY - is hereby defined as the City of Miami, Florida. E. CITY ?.ANAGER - is hereby defined as the Cicy Manager of the CITY. C. DDA - is hereby defined as the Downtown Develop- ment authority, Miami, Florida. D. COM11ITTEE - is hereby defined as members of the Noguchi Committee as established by the Mayor, the City, and the DDA. E. COORDIaATOR - is hereby defined as the Coordi- nator for this Agreement. F. NF? - is hereby defined as 'Noguchi Fountain Plaza, incorporated, 32-37 Vernon Boulevard, New York, New York 11105, (212) 545-8842. G. WORK - is hereby defined as two original. foun- tains to be designed by NFP exclusively for the CITY under com- mission by this Agreement. The locations of the fountains to be constructed in Dayfront Park are shoran on the attached "Appendix All. Fi. LU'1P SUM FEE - is hereby defined as the amount of money that the CITY agrees to pay and NFP agrees to acceot: as payment in full for all artistic services rendered pursua.^.t to this Agroanent, to completo the WORZ. as further described in SECTION: III - SERVICES, hereof. SECTION III - SERVICESS NFP shall perform the following services in connection with the ='.K . 2 Y 85-515 , A Uor::s o� Art - C_(:ate :.::o unique fountains -for t,:e CiTy. vie principal artist in the corporation, ::r. Isamu Noguchi, will personally accomplish the creative and artistic components of the WORK. 3. General 1. fieat with representatives of the CITY, DDA, and the CMMITTEE about the progress of the ItMIRK . 2. Provide and pay for all material, labor and related services in connection with this Agreement. C. Schematic Design Phase - Schematic Design has been approved by the City Commission by Resolution 80-751 on October 30, 1930, as part of the preliminary design plan accomplished by Isamu Noguchi under,a previous agreement. D. Design Development Phase - During the Design r� f Development Phase, upon written authorization of the CITY and as directed by the CITY, for the approved schematic design, NT P shall • 1. Prepare Design Development Documents con- sisting of plans, elevations, and other drawings, and outline specifications, all in order to fix and illustrate the size and character of the fountains, their essentials as to location, kinds of material, type of structure, mechanical and electrical.systems, utilities locations, and such other works as may be required. 2. Submit completed Design Development Documents. 3. NPP shall assist in making a presentation to a full City Commission of the Design Development Documents, Outline Speci:i- cations, Construction Cost Estimates, and rendering. 4. N . shall revise the Design Develop- ment Documents and other documents as diractad by the City Commission. 3 85-519 ON -he Design Develop -Mon' Phase shall be completed :.hen the CZ:Sc' approves and accapts the Dosign Development Documents. �• Ce nstrsclion Documents Phase - During the con- ~. struction Documents Phase, upon written authorization of the CITY and in accordance �r_th all the approved and accepted parts of the Design Development Phase, NVV shall: 1. Prepare construction contract plans and specifications and other contract documents and assist the CITY in preparing the general conditions and supplementary general con- ditions, for the complete TORK. These docu- ments shall be in conformance with all appli- cable state and local laws and codes and shall include the working drawings and speci- fications, adequately setting forth in de- tail descriptions of materials, workmanship, finishes and equipment required for all architectural, structural, mechanical and electrical work, specialties and equipmment and site improvements. 2. Advise the CITY of any adjustments to pre- vious estimates for tho construction cast of the fountains that may be indicated by changes in scope, design, requirements, market conditions or otherwise. 3. Furnish the CITY with Final Estimate of Con- struction Costs based upon the completed working drawings and specifications, bro::en down into major categories. IMP Esti;: etas of Construction Costs shall be construed as an informed professional opinion and the CITY will rely on it as a reasonable approximation. • Zoo hat all constru%,.*Lio.^. contract pleas and specifications (working drawings and speci-fi- 4 85-51S.. . cations) bear the seal of either a Florida registered professional architect or engineer and that the names of professionals respons- ible for major portions of each separate specialty of the WORK appear on the construc- tion contract plans and specifications. S. Conduct all necessary regulatory and permit- ting checks and assist in obtaining all neces- sary permits from all governmental authorities having jurisdiction over the WORK. The CITY will assist NFP by expediting CITY's pro- cedures for this purpose. 6. Revise the construction contract plans and specifications, and any other written report or written document, as required, to conform with codes, regulations, rules, etc., govern- ing the WORK. 7. Submit the completed construction contract plans and specifications to the CITY for a complete and detailed review and approval. 8. Deliver to the CITY the completed master set of construction contract plans and specifica- tions and other related parts of the Con- struction Contract Documents in reproducible '- form. r� The Construction Document Phase shall be considered completed on the day the CITY accents fron the NFP the completed Construction Contract plans and specifications ready for con- r.: struction bids. . r; SECTION IV - CITY SERVICES A. The CITY will furnish NFL with olans and other documents that NFP may require and which are available in the CITY's files and which pertain to the services to be performed under this agreement. It is understood that such information will be on a loan basis, NFP will return them to the CITY prior to the time the CITY makes final paynent to NFP. 5 cations) bear the seal of either a Vlorida registered professional architect or engineer and that the names of professionals respons- ible for major portions of each separate specialty of the WORK appear on the construc- tion contract plans and specifications. S. Conduct all necessary regulatory and permit- ting checks and assist in obtaining all neces- sary permits from all governmental authorities having jurisdiction over the 'WORK. The CITY will assist NFP by expediting CITY's pro- cedures for this purpose. 6. Revise the construction contract plans and specifications, and any other written report or written document, as required, to conform with codes, regulations, rules, etc., govern- ing the WORK. 7. Submit the completed construction contract plans and specifications to the CITY for a complete and detailed review and approval. 8. Deliver to the CITY the completed master set of construction contract plans and specifica- tion, and other related parts of the Con- struction Contract Documents in reproduci'ile form. The Construction Document Phase shall be considered completed on the day the CITY accepts from the NFP the completed Construction Contract plans and specifications ready for con- struction bids. . SECTION IV - CITY SERVICES A. The CITY will furnish NFP with plans and other documents that NFP may require and which are available in the CITY's files and which pertain to the services to be performed under this Agreement. It is understood that such information will be on a loan basis, NFP will return them to the CITY prior to the time the CITY makes final payment to NFP. 8s-s151 I 8. The CITY MANAGER will appoint a COORDINATOR who will act as the liaison between the CITY and NFP. NrP will contact the COORDINATOR on all matters pertaining to this Agreement and, in general, follow the COORDINATOR's instrue" tions and directions in regard to the execution of this Agreement. C. 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, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions and data from existing records on file in the Department of Public Works of the CITY pertaining to existing buildings, other im- provements and trees; and information concerning available ser- vice utility lines both public and private. D. The CITY shall do all reproduction and binding of the bidding and construction sets of the drawings and specifi- cations. E. The CITY shall furnish all required testing nec- essary for the WORK, including core borings, test pits, struc- tural, mechanical, chemical, soil, and mill and laboratory tests, and the services of a soils engineer or other special consultants s when deemed necessary by NFP; and NFP shall be entitled to v, "= rely upon the accuracy, completeness, and competence thereof. SECTION V - COMPENSATION A. The CITY agrees to pay and the NFP agrees to accept a LUMP SUM FEE as payment in full for services rendered, pursuant to the t•IORK in accordance with the terms and conditions of this Agreement. >` B. An initial payment in the amount of Seven Thous- and Five Hundred and 00/100 Dollars ($7,500.00) to UFP (equivalent to 5% of LUMP SUM FEE) shall be due upon execution of this Agreement. _ 4Alm- N ME C. Subsequent paymants will be Made monthly in pro- portion to the services performed within each phase of services so that compensation at the completion of each portion of the WORK shall equal the amounts of the LUHP SUM FEE, as shown in the following schedule of payments: Item of Work 1. Initial payment 2. Design Development Phase 3. Construction Document Phase • PaXment $ 7,500.00 52,500.00 90,000.00 Accumulated Value of Luma sum Fee $ 7,500.00 60,000.00 150,000.00 SECTION VI - SCHEDULE OF WORK NFP and the CITY have determined that a reasonable time to complete the WORK is as follows: A. Design Development Phase 120 days H. Construction Document Phase 180 days SECTION VIZ - TER►IIiJATION AND SUSPENSION OF AGREEMENT A. 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 Agree- ment shall be in writing to NFP and NFP shall be paid for only that work which has been completed prior to termination in accordance with SECTION V - COMPENSATION, provided however that NF? is not in default under the terms of this Agreement. In no case, however, will the CITY pay NFP a greater amount for an incomplete phase than would have been paid had the termination been made at the completion of the phase. B. In the event of termination, all documents, plans, etc., as set forth in SECTION VIII - OWNERSHIP OF DOCUMENTS shall become the property of the CITY, with the:same provisions of use as set forth in said SECTION VIII. SECTION VIII - O,%TNERSfiIP OF DOCUMENTS A. All tracings, plans, drawings, specifications, field books, survey information, maps, contract documents, re- ports and other data developed as a result of this Agreement r� shall become the property of the CITY. It is further stipulated 7 8S75 JLS- that all information developed as ;part of the WORX shall not be used by NFP without written consent of the CITY. B. It is further understood by and between the parties that any information, naps, contract documents, reports, tracingr plans# drawings, specifications, books or any other matter what soever which is given by the CITY to NFP pursuant to this Agreement shall at all times remain the property of the CATY and shall not be used by NFP for any other purpose whatsoever without the written consent of the CITY. C. It is further understood that no press releases or publicity is to be issued by NFP without prior submittal to the CITY and written approval from the CITY. D. Irrespective of whether the WORK disclosed in drawings, reproductions, models, renderings, plans, specifica- tions, brochures and other documents and papers drafted, created, developed and produced by NFP and/or its consultants in pursuance hereof, is executed or performed, either totally or partially, they shall all be the sole and exclusive property of the CITY for use in any manner and at any time the Commission shall deem appropriate without permission, hindrance or objection from or consultation with NFP and/or its consultants, except that apart from the installations contemplated at the site described on Appendix "A" hereof, the Commission shall not use nor permit others to use the design in whole or in part for any purpose without the approval of UFP in writing. SECTION IX - ATIARD OF AGREEMENT NFP shall not engage during the period of this Agree- ment 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 employ- ees of the CITY. NFP is aware of the conflict of interest law of both the City of ►4iami and Dade County, Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 8 This Agreement rebresents the entire and integrated Agreement between the CITY and NFP and supercedes.all prior negotiations, representations or Agreements, either written or oral. This Agreement may be mended only by written instruments by both the CITY and NFP. SECTION XI - SUCCESSORS AND ASSIGNS NFP shall make no assignments or transfer of this 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. SECTION XII - RIGHT TO AUDIT `. -'he CITY reserves the right to'audit the records of N P any time during the prosecution of this Agreement and '° 'or a period of one year after final payment is made under this Agreement. SECTION XIII - INSURANCE AND INDEMNIFICATION NFP shall provide a certificate of professional liability insurance showing evidence of coverage which mould meet the minimum requirements of the CITY, if appli- cable. NFP shall furnish a certificate of insurance to x the CITY prior to the commencement of operations. SECTION XIV - NON-DISCRImrNATION A. NFP shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. SECTION XV - CONSULTANTS NFP will furnish the CITY with names or firm(s) which NFP proposes to engage to provide consulting services for the WORK, as subcontractor to the prior to executing contracts with then. NFP will be responsible for all the WORK of its own organization, and of its consultants or associates. Nothing contained in this Agreement shall create any contractual 9 8S-S15,_ relation between any of the specialists working for :3FP and the CITY, It shall be understood that NFP is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the WORK. SECTIONXIX = CONSTRUCTION OF ArREEf1ENT 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 :?HEREOF the parties hereto have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. AMO ST: CITY CLERK WITNESS: SHCJI PAGAO PRCSIDZNT/SECRETARY SEAL APPROVED AS TO CONTENT: DG1-7rITC1W DEVELOPMENT AUTHORITY R THE CITY OF MIA24I (a municipal corporation of the State of Florida) By CITY MANAGER NOGUCHI FOUNTAIN PLAZA, INCORPORATED, a New York corporation By 0—>- at ISAMU NOGUCHI , Chairman o:e� the Board and authorized to execute agreements APPROVED AS TO F04RM AND CORRECTNESS: Acting City Attorney 10 SS"'Jri�_ F ATTACHMENT 'C' LW I SUMMARY OP CITY LTASED SPACE Total Leased Sq.Ft. by City for City Office Use: (Table I) excluding Dept. of Computers space @ excluding Olympia building space @ Balance: Total 1995 Annual Lease payments for Leased Space: (Table I) excluding Dept. of Computers payment @ excluding Olympia Building payment 9 Balance: Estimated Cost to Buy -Out Remainder of Lease Terms of Leased Space (Table Ii): 56,770 sq.ft. 20,540 l 18�841 sq.ft. $ 741,950 246,000 181,462 $ 314,488 $2,574,577 - - - - - - - - - - - - - - - - - - - - - - - - - as - - SUMMARY OF RELOCATION COSTS Estimated Cost to Renovate Main Library: 58,000 sq.ft. @ $40/sq.ft. Estimated Annual Cost to Operate Library as City Office Space: 58,000 sq.ft. @ $2.50/sq.ft. Estimated Cost to Move Main Library Building: 1962 estimate Estimated Annual Cost for Offsite Employee Parking: 258 employees 0 $55/month at Convention Center Parking Garage Estimated Cost to Relocate City Offices to Main Public Library Building (Table till: $2,320,000 $ 145,000 $2,000,000 $ 170,280 $ 158,462 85-519. . TABLE II BSTIMATED COST TO BUT -OUT REMAINDER OF LEASE TZpAS Lease Expiration City Office Date Department of Computers 9/96 Law Department 8/87 Special Projects Task Force 1/88 S.E. Overtown/Park West Office 3/86 1/87 Department of Economic 11/87 Development/Intl. Trade Promotion Department of Management 3/86 Budget F Office of Internal Audit 12/85 . Office of Public Information 11/85 Downtown Development Authority 6/94 TOTAL Required Payment for Buy-out: 10/85 thru end of Lease Term $ 246,000 148,537 122,6ll 3,655 71,519 3,671 1,874 3,009 11952,875 $2,574,577 W TABLE Ill BSTIMATpD COST TO MOCATM CITY OFFICES TO LISRARY Estimated City Office Cost* Department of Computers** $150,000.00 Law Department 2,476.80 16 hours s 4 Caen Special Projects Task Force 825.60 8 hours; 4 men S.E. Overtown/Park West Office 925.60 8 hours 4 men Department of Economic Development 825.60 8 hours; 4 men Department of Management & Budget 825.60 8 hours; 4 men Office of Internal Audit 206.40 4 hours; 2 men Office of Public Information 825.60 8 hours= 4 men Downtown Development Authority 1,651.20 16 hours; 4 men TOTAL $158,462.40 Based on our/moving-man; two men required minimum; rate based on amount charged by Department of Building and Vehicle Maintenance. **Based on estimated cost incurred for Department of Computers to relocate to present location, as provided by Department of Computers for relocating December, 1983. 85-51& - a i �. r't'.�..°� �._....�'N",t d4l+r��tv.,�.�,�{4,gy�lA��.°r I� l+lh .. City Lessee Department Of ,Computers Law Department Office of the City meager special, Projects Task Force Office Of the City Manager S.E. Overtown/park West Bedevelopmeat project office TABLE I R CITY OFFICE USE jgASE OF SPACE TOR yease TermLand1OZWt *cation S�Ft. -9/86 Gnconut Grove B 20,540 �P' Grovecc0sil Dr. 2950 Tige Florida National Bank/ 6,135 Alfred I. Dupont Bldg 169 E. Flagler St. Coconut Grove Sank/ 2,383 2701 S. Sayshore Dr. ew World Tower Assoc, a) 960 N Ltd/ 100 N.Biscaym Blvd• b) I Economic Development Dept./ Off -Street Parking/ Olympia Building Trade Promotion 174 E. Flagler St. Management Budget Dept- Offi-Ce of internal Audit office of public 'Information oowntoa:1 Development Authority off-street lldfegn� 01yup 174 E. Flagler St - off -Street parking/ Olymp3 a Building 174 E. Flagler St - off -Street Parking/ Olympia Building 174 E. Flagler St- one Biscayne Tower One Biscayne Blvd. 3,164 a) 7.935 b) 575 c) 2 247 3, 328 8,500 1/83 8/82-8/87 1/85-1/89 a) 3/81"3/86 b).1/85-1/87 TOTAL SQ • F'T • : 5 6_6. 7 711 11/84-11/97 Rent/SQ.Ft. $ 12.00 13.21 21.00 a) S.50 b)17.50 1/86 /85 7 2 10.85 a) 3/83-3/86 b)19.85 b) 5/82-5/85 c)month to month C) 5.50 �Annnal Lease Ps ment � 1 46 000 S 2 � to m 81,020 50,043 12/82-12/85 30.35* (10.85) *Includes S19•SOct• for remodeling ost 11/84-11/8S $ 10.95 a) 7, 310 b) 15, 890 (16�3) 7/84-6/94 a) 18.85 22.50 - Yr. One b) c) 23.50 w yr. Three d) 24.50 - Yr. Four e) 25.50 - Yr. Five f) 27.50 - Yr. - STen 34 , 329 a) 86.094 b) g.664 c) 11,770 "re TOTA16 LEASE PAYWNT: 7.496 $ 36,109 a) 160,225 b) 191,250 c)3.99,750 d)208,250 e)216,750 f)233r 750 2,144,975 741,950 (1985) r 1 P.ESO:,UTION VO. r� ,1 R',S-)LUTIUN UPCING, CITY OF MIAMI TO ,PRESERVE tiIA'•',I-ri7iTjE PUBLIC LIBRARY ( J ttiHEREAS, it is alw��}�s necessary � to cot serve public funds and assets and this heed is ever more ressing because of :r et cuts; aIid 1 t W:HERE:•.S, the Xiami-Dade Public Library located in Bayfront ,►•:: , is a valuable public asset which can provide important services to downtown bilsiness m-nunity and thereby attract an important segment of the public into Aayfront Park, i ::OW, THEREFORE, BE IT RESOLVED BY �l{E BOARD OF COUNTY i CO.'•:.•SISSIOXERS OF DADE COUNTY, FLORIDA, that this Board urges the City Cc mmission of the City of Miami not to destroy the Nia:ni-Dade Public Library and further urges the City Commission R-481-R5 to attempt to find an alternative use for this valuable public asset. ' foregoing resolution was offered by Commmissioner ., Barry D. Schreiber , who moved its adoption. The r,,:,ti ;-: was seconded by Mayor Stephen P. Clark , and upon being put to a vote, the vote was as follows: t� Y yW Barbara M. Carey Absent . Clara Oesterlc Aye Beverly B. Phillips Aye _ "antes F. l:edford, Jr. Absent Harvey Ru-: i n Absent Barry D. Schreiber Aye Jorge E. Valdes Aye Sherman S. Winn Aye Stephen P. Clark Aye The Mayor thereupon declared the resolution duly -passed and adopted, this 4th dayof April, 1985. DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK Approved by County Attorney as By: ! AT10.3%D NEI. to form and.legal sufficiency - ime; Deputy Clerk. t 85, 51g- , i WN M 11.0RIDA ) SS: r OF t?.-%llF ) I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO I;r.REBY CERTIFY that the above and foregoing is a true and 'correct copy of %o. adopted by the said Board of County Commis- sione. s at it's meeting held on . ___April 4 , 19 t35 _ IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this .._....4�.h..._ _ day of --April _____, A. D. 19 RICHARD P. BRINKER, Ex-Officio Clerk Board of County Commissioners Dade Countv, Florida By Este- &Ia Q _..____ _ Deputy Clerk Board of County Commissioners Dade County, Florida 1 +i w A � x..lzU lrrrrrrrrrrrrrrrrrrrrrrrrrtrrrrrrrrrrrrr.►rrrrrrr ��wM��'i�� , 1 •mrM.NiW1.Oa.N+1�rn1 Nalien'1eN•/N NeAY eO•lnent ef�l eN•t eN'1 tb•'1 eht lmt emtnni� • M pppp [w.. C G 10, 1 u • «Fit F<1 _ .. PhFfm mNNNF�m - M � p■ �O / 1"1•'1i'1nne�11'1OO OOFH NNa Whf WWPtmA bO/'1b WAnNb 1 b N N N N W m F F m 0 N b W F f M N f m N 0 0 W b n n b 1'1 ! m F W O f! ! 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C O { ; i N • a> oziw ■ CY I i w0 9 m n T_ � ■ ■ 0: I bFm POW Nnf NbhmA O.+NnfN V F mP O.-IN nfNbFm PO W Nrt f'A `aFm PO.+ 1 00000000000000e00000000000000000i - / ■ W .y ..1 W .q r•1 .y .•1 .-1 N N N ,� �N ... / 1 y y �„� .1 ,.A 85-S15 greater Miami, now �nrt�rid enter RESOLUTION WHEREAS, in 1980 the City of Miami Commission endorsed the Noguchi Park Design for Bayfront Park which excluded the library; and, WHEREAS, on July 29, 1982 the City Commission voted by Resolution #82740 to remove and/or demolish the library within 18 months for the redevelopment of Bayfront Park; and, WHEREAS, when the City of Miami issued an RFP for Developers for the Bayside Specialty Center, the Noguchi Park Design was attached and Resolution #82740 was in full force; and, WHEREAS, the developers for Bayside Specialty Center entered into an agreement in good faith with the City with the understanding that the Noguchi Park Design would be implemented; and, WHEREAS, on July 19, 1982 the New World Center Action Committee of the Greater Miami Chamber of Commerce voted to recommend that the City Commission adhere to its original decision to remove the library in Bayfront Park, THEREFORE, BE IT RESOLVED that the Greater Miami Chamber of Commerce reaffirms its original position that the library should be removed from the property and requests that the City Commission stand by its original position to remove the building in order to create a first-class, open -space park in downtown Miami. Passed unanimously by the Executive Committee of the Greater Miami Chamber of Commerce, May 1, 1985. 5/1/85 GREATER MIAMI CHAMBER. OF COMMERCE 85-515# tQt'•t ti., t«� r s."ir'�aa f ti rfyL� a>•,, } , r.�r ��,,�` y3�i _.,.N.-Fa ...' .. ... ,F a' :dr"'?•rwa.ac. MIAMI ART LEAGUE INCORPORAM 8212 Northeast 2nd Avenue Miami, Florida 33138 759-4003 PROPOSAL TO THE CITY OF MIAMI FROM THE MIAMI ART LEAGUE April 11, 1985 85-518. #00 . t � ur7'7<�„"52: b. z , , C Fry x •.�`S...''� h 1 z ':, E,wE •..� I � t �. ..c rem 4 t � l� � :. 4 a� r t %t y �h •tP ^ pqu ��L-Y. ,�.T._.£�... �... . t., ,.'�' zv�. a_-�, _ �x.•. ti"J'+?"aa"..� .. We would like to present a proposal for the Public Library Building on Bayfront Park. We suggest that this building be made into a visual Arts Center for a number of art groups within the City of Miami. This building is in a perfect setting for this purpose. It not only is in a beautiful setting, it is also easily accessible by car and the Metro Rail system. Many people, young and old, from all parts of the City and the greater Miami area, who are interested in the visual arts world find this a haven in the park. There are, according to the Dade County Council of Arts and Sciences, many visual art groups in Miami who would probably join with us in one building. We speak only for the Miami Art League, which has been in existence for 55 years. Over this span of years, the Miami Art League has contributed in many important ways to the cultural growth and fabric of the City of Miami and all of Florida. t Many famous artists have been and are members. Names like Henry Salem Hubble, painter of fifteen Secretaries of The jUnited States Department of Interior. He also painted iportraits of Justis Harlan Stone Fiske and, most notable of all, President Franklin D. Roosevelt, which now hangs at Hyde Park, New York. Ernest Lawson N.A. (A) Is represented in many museum collections. (B) One of the founders of The American School, which included such famous artists as John Sloan, Everett Shinn, Arthur Davies, William Glackens, Robert Henri, George Leeks and j0! Maurice Prendergast. 85-519. y t f At,e .� t ✓.y5, y.> Yp- �eG�., i.4 �� :gip. ".a J�. z. �. _7f 1,,.. c,"�i�ia . . :>•.' �_ _ -L. Li'^. Page 2'. * Denman Fink (A) Painted the murals in the Miami Federal Building. (B) Became head of the art faculty at the University of Miami. * Edna Sortille McCoy, Dancer Sculptress. (A) Member of the Art Faculty of the University of Miami. (B) Completed many bronze busts of famous people. * Philip and Mrs. Schlamp (A) Active in the early Miami Art scene. (B) Philip was first president of the Miami Art League. (C) Mrs. Schlamp encouraged the State of Florida to accept the Ringling Museum of Art. * Myrtle Taylor Bradfor - Miami Art Leagues first officer, was named State Art Chairman by then Governor Cone. One of her projects to promote art was a state wide art week, during which artists displayed their paintings in store windows in each community. * Carl Folk Sahlin was internationally famous for his paintings of natives of South and Central America. J. McGibben Brown, painted fine Everglades landscapes as well as Seminole Indian portraits. Louis Zaring, talented artist, bequeathed her collection of paintings and her home to the Miami Art League. The Miami Art League, over a span of 55 years, has con- tributed many other important contributions to the cultural growth of Miami and south Florida. y t' { t i t i• a �r�,n -°�' - e i F $ 1' �.1�. ��.�.� ., .. ..t _ ... �.Y -.�+.. t��tL �-s..�%a:..�-:�C�. .. _ _. _•3-- .. 5t �.`�'`• .�..,tT?�.�L Pig*- 3. the League assisted in many W.P.A. During the depression, g vernment. With Miriam H. Jones, projects for the Federal Go the League originated Viscaya Artists Day. During World War II, the League provided many art lessons for wounded soldiers. The Miami Art League organized the Royal Poincianna Art Festival, which Burdines sponsored. It established the art exhibit for the International Boat Show at Dinner Dey Auditorium. For 55 years it has helped to encourage young artists and provided the cultural fabric that has woven our community together. The Miami Art League requests that the Mayor and all of the Commissioners seriously consider this plan to allow the present Library Building to be used as a Visual Arts Center. Presented by: Tom Mascaro Member, Board of Directors 85-5111,. i a — Cis��'�Y_— �� ` i, J fir. � W � 7 ^t •k..t �,Yrth _ t - � aT � � 1 ff' t � _ - 1 t 1.7a•� �uq t _ .. ' y�. Y�'£�...� �52 .' -'!` ,,may .r {lts��tt ;,� .ec..+•iF i' �, i ,,tt S Sy,..ti„ .. J £":� .... .K'Y� nR �f 4Z.o-„'�.4�� . t :. _ _ _.Y . » .. ld_..t �{=t is-'a'S z •.T-iila+�. _. _