HomeMy WebLinkAboutR-84-0534J-84-455
} RESOLUTION NO.
A RESOLUTTOT AT1T11ORTZT_NG TIT,!, CITY MANAGER
1 TO EXECUTE AN AG?rETI1 NT, IN A, POW11 71CCT;PTABLE
TO THE (7TTy' A 'rt'(W ,JT V , J,T11TC1I IIAS ItErN
NEGOTTA'I'ET) 1,7T_TII ZYS('OVTCH Aide GRAFTOd,
ARCHTTECT , FOR ALL i'LANNTNG, D1,,SIGN, AND
CONSTRIJC'ITOT OT�SERVATION AN11) CON SULTATTON
FOR THI'--, "CURTTS PARK I,LI)EP.T..Y HEALS FACILITY";
ALLOCATING, FUNDS Till', RE FOR TN TI1E AMOUNT OF
$50 , 000 FRO -,'el FEDERAL .JOBS BILL AND COi-1-MUNITY
DEVELOPI`;ENT BLOCK GRANT COIvITTNGENCY FUNDS
ALREADY ALLOCATED TO THE PROJECT BY
RESOLUTION 83-468 DATED JUNE 9th, 1983, AND
RESOLUTION 84-396 DATED APR_IL 5, 1.984
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WHEREAS, it was necessary for tr_e City of Miami to
engage an architectural/engineering firm to render professional
and technical services for the planning, designing, and construc-
tion observation and consultation of said project; and
WHEREAS, the City Commission by Resolution No. 83-1151
dated December 8, 1983, approved the selection by the City Manager
of Zyscovich and Grafton, Architects, as the most qualified firm
to provide professional architectural/engineering services for said
project, and authorized the City Manager to negotiate the hereto
attached agreement with said firm for the professional and
technical services required, and requested that said agreement be
presented for formal ratification and approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement,' in a form acceptable to the City Attorney,
between the City of i,iiami and Zyscovich and Grafton, Architects,
to provide professional and technical services for the planning,
designing and construction observation and consultation for the
proposed "Curtis Park Elderly I•leals Facility" vaith funds therefor
hereby allocated in the amount of $50,000 from Federal Jobs Bill
and Community Development Block Grant Contingency Funds already
allocated to the project.
CITY COMMISSION
MEETING OF
MAY 10 19
i
PASSED AND ADOPTED this
1984.
? ATTEST:
RA RH G. ONGIE, CITY C R
i
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
r
J GARCIA-PEDROSA, CITY ATTORNEY
10th day of May ,
Maurice A. Ferre
M
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
Howard V. Gary
City Manager
`R onald W. Cath_e
Director of Public Works
DATE: April 24, 1984 "E B-3209
SUBJECT CURTTS PARK EL.I)ERLY MEALS
FACTL•TTV -- Agreement for
Archtect.i»-al_ Services
R EFER EN,':iS
F.NCLO.,VRF= (For COMMi8sion Meeting of
May 10, 1-984)
The Departments of Public Works and Community
Development recommend the adoption of a
resolution authorizing the City Manager to
execute an agreement which has been negotiated
with Zyscovich and Grafton, Architects for all
planning, design, and construction observation
and consultation for the Curtis Park Elderly
Meals Facility; allocating; funds therefor in
the amount of $50,000 from Federal .lobs Bill
and Community Development Block Grant Contin-
gency funds already allocated to the project
by Resolution 83-468 dated June 9, 1983, and
Resolution 84-396 dated April 5, 1984.
On December 8, 1983 the City Coiiimissi_on By Resolution No. 83-1151
approved the selection by the City Manager of Zyscovich and
Grafton., Architects, as the Most qualified firm to provide the
prof essi_on,.sI. services required for the planning, design and con-
structioil obs�ervation and consultation for the Curtis Park Elderly
Meals and authorized the City Manager to negotiate an
agrecim:ni w-l.th them for the work.
The pro.-Icct, iiIanager has now negotiated an agreement wi.t=h Zyscovich
and Grafton, Architects to cover the services required in the
amount of $50,000. The proposed resolution provide.-.. for the City
Commission to approve the agreement in subst.ant:i;.l1.y the form attached
hereto with Zyscovich and Grafton, Architects and .�t.�thari;rc s the
City Manager to execute it in the amount. of $50,000, i-.i.th funds
therefor allocated from Federal Jobs Bill and Community Development
Block Grant Contingency funds already allocated to the project.
DWC:LEL:vh
Resolution Attached
cc: M. Alvarez
84-534
A G R E E M E N T
THIS AGREEMENT made this day of , 1984 by and
between THE CITY OF MIAMI, a Municipal Corporation of the State
of Florida, hereinafter called the CITY, and ZYSCOVICH AND
GRAFTON, ARCHITECTS, hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to build Curtis Park Elderly
Meals Facility within Curtis Park at 1901 N.W. 24 Avenue, Miami,
Florida, hereinafter called the PROJECT; and
WHEREAS, the CITY desires to engage an
architectural/engineering firm to render the necessary
professions]. and technical services, hereinafter called WORK, for
the planning, design and construction consultation of the PROJECT
upon the terms, conditions and provisions hereinafter set forth;
and
WHEREAS, the Commission of the City of Miami has by
Resolution No. 83-1151, dated December 8, 1983, approved the
selection of ZYSCOVICH AND GRAFTON, ARCHITECTS as the most
qualified firm to provide professional architectural/engineering
services for the PROJECT and has also authorized the CITY MANAGER
to negotiate an Agreement with said firm for the professional and
technical services required for the PROJECT.
NOW, THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one
unto the other as follows:
SECTI014 I - GENERAL
A. The PRINCIPAL and the 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. The
PRINCIPAL shall proceed with all applicable dispatch in a sound,
economical efficient and professional manner, including
preparation of bidding documents for construction, and shall
comply with the provisions of all applicable Federal, State, and
local laws.
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84-534
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B. The PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the
instructions of the CITY;
C. The CITY has h'idReted the amount of $571 , 620.00 for the
total cost of the PRO-JECT, a.7; follows:
1. $82,900 for desi_;n services, including:
a. LUMP 5 U M FIE of $50,000 for the selected
architectural/engineering firm
b. $18,800 for Project Expense such as inspection,
surveys and supervision.
e. $14,100 for Incidental Expense such as testing,
administration printing and related expenses.
2. $470,000 for construction of the PROJECT.
3. $18,720 for contingencies and indirect cost.
D. The PRINCIPAL shall design the PROJECT within the funds
available to the City for this purpose; and
E. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION III - PROFESSIO14AL
SERVICES therefor, the LUMP SUM FEE of FIFTY THOUSAND AND N01100
DOLLARS ($50,000.00).
F. SEVERADILITY
All provisions deemed to be unlawful shall be stricken
from this Agreement and shall be of no effect. Upon the
application of either party, the unlawful part(s) shall be
considered stricken without affecting the binding force of the
remainder of the Agreement.
SECTION II - DEFI14ITIONS
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. DIRECTOR - is hereby defined as the Director of the
Department of Public Works.
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84-534 --
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D. PRINCIPAL - is hereby defined as ZYSCOVICH AND GRAFTON,
ARCHITECTS, 69 S.W. 11th Street, Miami., Florida, 33133, (305)
358-3232.
E. PROJECT - is hereby def i.ned a- the construction of
Curtis Park Elderly Meals Facility at Curtis Park, 1901 N.W. 24
• Avenue, consisting of approximately 7000 square feet of floor
space.
F. WORK - is hereby defined as all the professional and
technical services to be rendered or provided by the PRINCIPAL
for the 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 the- CITY but it
shall not include any PRINCIPAL'S fees or special consultant's
fees or the cost of any survey, legal, finance, administration
or similar services and land acquisition furnished by the CITY or
any cost of furniture or furnishing or unattached equipment
purchased by the CITY.
H. LUMP SUM FEE - is hereby defined as the amount of money
the CITY agrees to pay and the PRINCIPAL agrees to accept as
payment in full for all the professional and technical services
rendered pursuant to this agreement, to complete the WORK as
further defined in SECTION III - PROFESSIONAL SERVICES - hereof.
I. PROJECT MANAGER - is hereby defined as the Manager of
the PROJECT for the CITY.
J. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
the straight -time portion of wages and salaries subject to
Federal Income Tax of the PRINCIPAL'S technical personnel
(Architects, Engineers, Planners, Designers, Draftsmen,
Specification Writers and Technicians) engaged directly on the
PROJECT.
The DIRECT TECHNICAL SALARY EXPENSE charged against the
PROJECT for any personnel will be as follows:
Principal Architects - $65/hr.; with no multiplier
Principal Engineers - $65/hr.; with no multiplier
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Additional Services of the Architect and Engineers will be
charged at Direct Technical Salary Expense rate times 2.5.
K. PROJECT BUDGET -- is hereby defined as the amount
budgeted for the construction of the project and specified in
Section I., Paragraph C.
SECTION III -- PROFESSIONAL SERVICES
A. GENERAL,
1. The PRINCIPAL in close coordination with the CITY,
shall perform the following professional and technical services
comprising the WORK and shall be fully responsible for all the
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professional and technical aspects thereof. The CITY'S review
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and approval of the WORK will relate only to overall compliance
with the goneral requirements of the PROJECT and whenever the
term "Approval by the City" or like term is used in this
Agreement, the phraseology shall in no way relieve the PRINCIPAL
from any duties or responsibilities under the terms of this
Agreement and from using the best architectural and engineering
j.
services and practices.
2. The PRINCIPAL shall, in the preparation of Plans and
Specifications, and in Site Inspection, comply with all Federal,
State and Local codes, ordinances and regulations pertaining to
the design and construction of the PROJECT. Attention is invited
S
to the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational
Safety and Health Act, The National Environmental Policy Act and
Equal Employment Opportunity Legislation.
A. SCHEMATIC DESIGN_PHASE
.Y---_the y
During Sci-rerrratic Design g Phase, upon written
authorization from the CITY MANAGER, the PRINCIPAL shall:
I
1. Review the scope of Work and any other requirements of
the PROJECT and shall confirm such requirements to the
CITY.
2. Have conferences with the CITY as to the functional
requirements and environmental considerations
(landscaping, air conditioning, fenestration, etc.),
structural flexibility, building security, emergency
systems and initial cost parameters for various
fun" on _ . - 4 - 84— 5�`�4
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3.
Develop and establish the criteria of the PROJECT,
'
confirm relationship studies, ascertain the CITY'S
requirements, inspect the hui-l.di,ng site and disct.rss with
the CITY the purpo,^e, i;enr.r:�1, plan,>, scotre, design
program and phasing the con:�trt�eti.on ;ci�edu _e.
4.
Develop the interior space planning program for the
facility.
5.
Develop and establish the design criteria for the
PROJECT.
6.
Develop a construction, schedule.
7.
Prepare Schematic Design Studies, based on the mutually
agreed upon program, consisting of drawings, renderings
and other documents illustrating the scale and
relationship of the PROJECT components for approval by
the CITY.
8.
Submit to the CITY a Statement of Probable Construction
Cost based on current area, volume and other unit cost.
9.
If requested, shall make a presentation to the full City
Commission of the Schematic Design.
The
CITY will cooperate fully with the PRINCIPAL in
establishing
the parameters of the Scope of Work which may be
constructed
within the Project Budget.
1
aThe
Schematic. Design Phase shall be completed when the CITY
approves
and accepts the Schematic Design Documents.
B. DESIGN
DEVELOI'I;EN-T PHASE
During
the Desirn Development Phase, upon written
r,
authorization
from the CITY and as directed by the CITY for the
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approved
and accepted parts of the Schematic Design Phase, the
PRINCIPAL
shall:
1.
Prepare Design Development Documents consisting of
plans, elevations -and other drawings, and outline
specifications, all in order to fix and illustrate the
size and character of the entire PROJECT in its
3.
essentials as to location, kinds of material, type of
31
structure, mechanical and electrical systems, utilities
locations, and such other works as may be required.
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2°
Submit to the CITY an Estimate of Project Construction
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Cost broken down into major ,atngories. It nhalI be
the ohligetion o� the PRINCTPAT, to produce o design
^
'
which may be conotrootmd within -,he, Project Budget or
any snboequcnt revioion thnrcnll approved by the CITY.
~
Approval by the CITY of Schematic Design Studies, and/or
Design Development Documents includes approval of the
construction cont estimates submitted therewith only if
so Stated in writing by the CITY. If either the
Statement of Probable Construction Cost for the
Schematic Design Phase or, the Estimate of Construction
Cost for the Design Development Phase is greater than
the CITY'3 budget amount set forth in SECTION I. D.
herein, the CITY may require the PRINCIPAL to revise
the Schematic Dco1Qo Studies and/or -the Design
Development Documents as necessary in order to bring
the PRINCIPAL'S revised Estimate of Project
Construction Coot within the CITY'O Project Budget.
The work undertaken by the PRINCIPAL in revising the
documents for the purposes of meeting the CITY'3
Project Budget shall be considered as part of the
PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no addition
in fee to the CITY.
3.
Submit to the CITY for approval, all Design Development
Documents at their 30% 70% and 100� of completion
stages. '
4.
The PRINCIPAL, if requested, obuIl make a presentation
to a full City Commission of the Design Development
Documents, Outline Specifications, Construction Coat
Estimates, and renderings.
5,
The PRINCIPAL shall revise the Design Development
Documents and other documents as directed by the City
Commission. Payment shall be in accordance with
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY.
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The Design Development Phase shall be completed when the
CITY approves and accepts the Design Development Documents.
C. CONSTRUCTION DOCUMENTS NTS PHASE
During the COrl;'.+truct;i.on Documents Phase, upon written
authorizat..ion from the CITY and in accordance with all the
approved and accepted parts of the Design Development Phase, the
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 state and local laws
and codes and shall include such items as the working
drawings and specifications, adequately setting forth
in detail descriptions of the construction to be done
and also the materials, workmanship, finishes and
equipment required for all architectural, structural,
mechanical, electrical, service -connected equipment,
(e.g., fixtures and equipment attached to the facility
electrically, mechanically, or structurally) site
development, connection costs, landscaping, bidding
information, and the special provisions of the
Construction Contract, Bid Proposal, and other
Construction Contract Documents.
2. Revise the construction contract plans and
specifications, and any other written report or written
documents, as required, to conform with codes,
regulations, rules, etc., governing the PROJECT.
3. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost which may be
indicated by changes is scope, design, requirements,
market conditions, or otherwise.
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84-534
4.
Furnish the CITY with final Estimate of Project
Construction Cost, based upon the completed working
drawings and s peci ficati.ons, broken (loan Into major
categories. The PRINCIPAT.' i .;t.ir t.ii.es of Project
Construction Cost shall. be construed as an informed
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professional opinion and t_.he City wi.l.l rely on it as a
reasonable approximation of bids to be received.
5.
See that al-1 construction contract plans and
specifications bear the seal of either a Florida
registered professional architect 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.
It is to be fully understood that the air conditioning
system for the PROJECT shall provide draft -free air
distribution and uniform temperatures and shall be
designed to minimize operation and maintenance costs.
Therefore, the PRINCIPAL shall provide the services of
a professional with the experience and capability of
designing such a system.
7.
Because of the CITY'S concern for energy conservation,
it shall be fully understood that the PRINCIPAL shall
pay particular attention to the designs of all energy
systems required for the PROJECT with emphasis towards
conserving energy. Particular- attention shall be
focused on the different uses of the PROJECT and the
different demands for air conditioning, lighting, etc.
8.
Submit the completed construction contract plans and
specifications to the CITY for a complete and detailed
review and approval.
9.
Conduct all necessary dry -run checks and assist in
obtaining all necessary permits from all governmental
authorities having jurisdiction over the PROJECT. The
CITY will assist the PRINCIPAL by expediting CITY'S
procedures for this purpose.
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84-534 `
10. Deliver to the CITY the completed roaster set of
construction contract plans and specifications and
other related parts of the constriietion Contract
Documents in reproducible form,
The Construotion Document Phase shall be considered complete
on the day the CITY exect.ate:7 a Construction Contract for the
construction of the PROJECT, but in no case later than ninety
(90) days from the date of delivery by the PRINCIPAL to the CITY
of the completed Construction Contract plans and specifications
ready for construction bids.
D. BIDDING PHASE
During the Bidding Phase, upon written authorization from
the CITY, the PRINCIPAL shall:
1. Prepare any addenda, with accompanying drawings or
other materials as required, and submit original or
each to the DIRECTOR will furnish a copy of each set of
contract documents prepared.
2. Assemble and furnish the CITY MANAGER data for
publicity releases.
3. Take part in pre -bid conferences with CITY and
prospective bidders as required.
4. Consult with and advise the CITY as to the
acceptability of subcontractors and other persons and
organizations proposed by a prime contractor for those
portions of the work when such acceptability is
required by the contract documents.
5. Consult with and advise the CITY as to the
acceptability of substitute materials and equipment
proposed by the contractors when substitution is
permitted in the contract documents.
6. Assist the CITY in evaluating bids or proposals.
The Bidding Phase shall be considered completed on the day
the CITY executes a Construction Contract for the construction of
the PROJECT or ninety (90) days after receipt of bids whichever
occurs first.
84-534
E. CONSTRUCTION PHASE
The Con.-,t-auction Phase shall commence with the award of the
Construction Contract. During the Construction Phase, upon
written authorization from the CITY, the PRINCIPAL shall:
1. Make periodic visits to the site to observe_ as an
experienced and qualified design professi.onaI the
progress and quality of the executed work and to
determine in general if the work is proceeding in
accordance with the contract- documents; the PRINCIPAr,
shall not be required to make exhaustive or continuous
on -site inspections to check the quality or quantity of
work; he shall not be responsible for the means,
methods, techniques, sequence or procedures of
construction selected by contractors or the safety
precautions and programs incident to the work of
contractors. His efforts iti-i11 be directed toward
providing assurance for the CITY that the completed
project will conform to the contract documents, but he
shall not be responsible for the failure of the
contractor to perform the construction work in
accordance with the contract documents. During such
visits and on the basis of his on -site observations, tie
shall keep the CITY informed of the progress of the
work, he shall endeavor to guard the CITY against
defects and deficiencies in the work of the contractor,
and may disapprove or reject work as failing to conform
to the contract documents. As a hart of these visits
he shall submit his observations to the CITY in writing
within five (5) working days after e:3ch visit.
2. Assist the CITY in considering and evaluating any
suggestions or modifications which might be submitted
by the Contractor for the CIT'Y'S approval.
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84-- ,34 fo
3. Assist the CITY in matters relating to the
interpretation of the Contrant Documents.
4. Furnish any additional de
taa_l or information when
required ;it; the ,jots .site for proper execution of the
WORK.
5. Assist the CITY and make written recommendations to the
CITY on matters pertaining to the Contractor's proposed
changes in materials and equipment, methods of
construction and changes in plans; and on matters-,
relating to extra work orders and supplemental
agreements.
6. 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 the PRINCIPAL, for permanent CITY records.
7. Review all test reports required by the Contract
Documents and provide the CITY with written evaluation
of such test reports.
8. Witness all tests as may be required to be witnessed by
the Contract Documents and provide the CITY with
written evaluation of all such tests.
9. Receive samples which are required to be furnished at
the job site; record data received and from whom;
examine said samples and notify the CITY of his
approval or rejection and maintain custody of approved
samples.
10. After substantial completion, make a list of items for
correction before final. inspection, and check each item
as it is corrected.
11. Upon request by the PROJECT MANAGER, attend and report
to the CITY on all required conferences held at the job
site.
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84-534
12. Based on his on -site observation as an experienced and
qualified design professional and on his review of the
contractor's applications f(.-.r pavmerIt and the
accompanying d—it inrl-'ehedul os, detcrmi.nc the amounts
owing the contractor and approve in wr i.t.inp payments to
the contractor i.n .^,uch )mot.nnts; such approvals of
payment will constitute a represr_ni.ation to the CITY
based on such observations and review that the work has
progressed to the point indicated and that, to the best
of his knowledge, information and belief, the quality
of the wort: is in accordance with the contract
documents (subject to an evaluation of the wort: as a
functioning project upon substantial completion, to Lhe
results of any subsequent test called for in the
contract documents and to any qualifications stated in
his approval), but by approving an application for
payment, the PRI14CIPAL will not be deemed to have
represented that he has made any examination to
determine how or for what purposes any contractor has
used the monies paid on account of the contract price,
or that title to any of the contractor's work,
materials, or equipment has passed to the City free and
clear of any lien, claims, security interest or
encumbrances.
13. During the course of the WORK, ensure that all
guarantees, certificates, operation and maintenance
manuals, keying schedules, spare parts and other items
that have been specified in the Contract Documents,
have been submitted and have been approved. Deliver
all such items to the CITY prior to the date of
beneficial occupancy.
14. Furnish to the CITY within thirty (30) days after
completion of the Construction Phases of the PROJECT,
the original. reproducible drawings of the Construction
Contract plans, revised to include all changes or
modifications to the design made during the
Construction Phase.
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15. Conduct an inspection to determine if the PROJECT is
substantially complete and a final. inspection to
determine i.f the PRO-TECT has been rnmpl.eted in
accordance with the contract documents and if each
contractor, has fulfilled a1.1. of hi..^ obligations
thereunder so that the PRINCIPAL. may approve, in
writing, final payment to each contractor.
At the completion of construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY written certification that to
the best of the PRINCIPAL'S knowledge the PROJECT has been
constructed in accordance with CITY approved construction plans
and specifications and City approved change orders; and shale
furnish such other written certificates as may be required by law
and regulations applicable to the PROJECT.
The PRINCIPA[- shall not be responsible for the acts or
ommissions of any contactor, any subcontractor or any of the
contractors or subcontractors' agents or employees or any other
persons (except his own employees and agents) at the PROJECT site
or otherwise performing any of the work of the PROJECT.
The Construction Phase shall be completed when the PRINCIPAL
has delivered the aforesaid certificates, including "record
drawings" etc., to the CITY; and the City Commission has
accepted said PROJECT.
During all Phases, the PRINCIPAL shall act as his own
representative to the CITY in all matters pertaining to the
PROJECT.
The CITY will expedite its procedures and render timely
decisions to assist the PRINCIPAL in this phase.
SECTION IV - CITY'S SERVICES ANll RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY
files:
A. The CITY shall provide information regarding its
requirements for the PROJECT.
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84-534
B^ The CITY shall furnish a Survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements, and
ad`OlDinC proporty; riFrht of way, reotrioti000, easements,
enoroaclime ntn, zoning�, dcod roatriotion:7, hoondnripn and Con tnura
of the 7,itp; lonationn, dimenoionr and data from existing, records
on file in the Dnpnrtment of Public lforks of the CITY pertaining
to existing buildings, other improvements and trees; arid
information concerning available service utility lines both
public and private.
C. If the 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 the PRINCIPAL.
D. The CITY oboIl do all reproduction and binding of the
bidding and construction sets of the drawings and specifications;
and provide prints of existing and applicable CITY aerial
photographs.
E. The CITY shall appoint 8 PROJECT MANAGER to act o
liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK,
special conditions or change orders without having received
written authnri7atioo from the CITY`S PROJECT M&0&GC8 to do GO.
Nothing contained herein sbnll relieve the PRINCIPAL of any
responsibility as provided under this Agreement.
P. The CITY shall furnish all required testing necessary
for the PROJECT, including core borings, test pits` structural,
mechanical, chemical, moil, and mill and laboratory tests, and
the services of a soils engineer or other special consultants
when deemed necessary by the PRINCIPAL; and the PRINCIPAL shall
be entitled to rely upon the accuracy, completeness, and
competence thereof.
G. The CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Detailed Construction
Cost Estimates based upon the Design Development Documents and
the Construction Documents.
84-534 .e-
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COMPENSATION FOR SERVICES
A. For professional and technical services for the
Schematic Denign PhmSe' De:!;i8n Development Phase, Bidding Phase,
Construction Document Pbooe and Construction Pbn5e of the
PROJECT, nn outlined in SECTION ITT hereof, the CITY agrees to
pay, and the PRINCIPAL agrees to aecopt, as, a payment rot- his
services thc CVMP SUM FEE of FIFTY THOUSAND DOLLARS ($50,000)
which FEE will hereinafter be called the BASIC FEE, This payment
will be made monthly in proportion to the services performed 30
that the compensation at-, the completion of each Phase shall equal
the following percentages and amounts of the total BASIC FEE.
The Fee is subject to renegotiations in accordance with Section
VI, Paragraph F, Delays.
OCCASION ACCUMULATED VALUE OF BASIC FEE
1. Upon execution of AGREEMENT 10% $ 5,000
2. Upon completion of SCHEMATIC
D2SIG14 PHASE 15% $ 6,750
�
" Upon completion of DESIGN
~ DCV2LOP1,11ENT PHASE 25% $12,500
4^ Upon completion of CONSTRUCTION
DOCUME14T3 PHASE 70% $35,DOO
5° Upon Completion of BIDDING PHASE 75% $37'500 .
6° Construction Phase:
a. Completion of Shop Drawings 90% $45,000
b. Final Completion of
PROJECT 100% $50'000
B. The PRINCIPAL shall be entitled to additional
compensation for extra expenses for prolonged observation of
construction should the actual construction time exceed the
contract construction by more than 10% due to no fault of the
PRINCIPAL. Construction contract time shall include any time
extension recommended by the PRINCIPAL and approved by the CITY.
Additional compensation shall be paid as specified in Section II
Paragraph J.
84=534 ''
SECTION VI - SCHEDULE: OF WORK
The PRINCIPAL agrees that time is of the essence and further
agrees to execute the WORK promptly, diligently and only upon,
and in strict, conformance with, specific authorization from the
CITY MANAGER in writing as follows:
A. SCHEMATIC DESIGN PHASE
The PRINCIPAL. shall complete the Schematic Design Phase
within thirty (30) calendar days after written authorization from
the CITY to begin 14ORK on this Phase.
B. DESIGN DEVELOPMENT PHASE
The PRINCIPAL shall. complete the Design Development Phase
within thirty (30) calendar days after written authorization from.
the CITY to begin 11ORK on this Phase.
C. CONSTRUCTION DOCUMI NTS 1:114ASE
The PRINCIPAL shall complete the Construction Documents
Phase within Sixty (60) calendar days after written authorization
from the CITY to begin WORK on this Phase.
D. BIDDING PHASE
The Bidding Phase is expected to require thirty (30)
calendar days, if only a single bidding is used.
E. CONSTRUCTION PHASE
The Construction Phase will commence with the award of a
Construction Contract, for a period of six (6) to eight (8)
months and shall be completed when all of the following
conditions have been completed:
1. The PRINCIPAL has delivered to the CITY written
certification that the PROJECT has been constructed in accordance
with the CITY approved Contract Documents, including all approved
change orders.
2. The PRINCIPAL has delivered to the CITY such other
written certificates as may be required by law and regulations.
3. The PRINCIPAL has delivered to the CITY "record
drawings" as required under SECTION III E.14.
4. The City Commission has accepted the PROJECT by
Resolution.
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84-i53.1
F. DELAYS
If the PRINCIPAL'S services for design or during
construction or between any of the phases of the PROJECT are
delayed or suspended in whole or in part by the CITY for more
than 14 months for reasons beyond the PRINCIPAL'S control., the
PRINCIPAL. shall, on written demand to the CITY, (brat without
termination of this agreement) be paid as provided in this
Agreement for the services performed up until such delay or
suspension. If such delay or suspension extends for more than
one year for reasons beyond the PRINCIPAL'S control., or if the
PRINCIPAL for any reason is required to render services more than
one year after substantial completion, the various rates of
compensation provided for elsewhere in this Agreement shall be
subject to renegotiation.
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
The CITE' reserves the right to authorize the PRINCIPAL to
provide additional services, if found necessary by the CITY, in
which case the fees for these services will be on the basis of
2.5 times actual DIRECT TEC1114ICAL SALARY EXPENSE.
SECTION VIII - TERHIINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at
any time prior to completion of the WORK without penalty to the
CITY. In that event termination of this Agreement shall be in
writing to the PRINCIPAL and the PRINCIPAL shall be paid for
services rendered in each completed PHASE prior to termination in
accordance with SECTIOIJ V - COMPENSATION FOR SERVICES, provided
however that the PRINCIPAL is not in default under the terms of
this Agreement. If, however, the termination of this Agreement
occurs during an incomplete PHASE, then the PRINCIPAL shall be
paid at the rate indicated in Section II, Paragraph J, Direct
Technical Salary Expense, for those services rendered in such
incomplete PHASE provided that the PRINCIPAL is not in default
under the terms of this Agreement. In no case, however, will the
CITY pay the PRINCIPAL a greater amount for an incomplete PHASE
than would have been paid had the termination been made at the
completion of the PHASE.
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84-534 , a
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the
property of the CTTX, with the Name provisions of use as set
forth in saj.d ;ECTTON XI.
SECTIONwI-x- f'R- NCIPA1^'S SPECTALIST
The PRTNCTPAI_. proposes to have the following specialists,
either from his organization or as his consultants or associates,
to perform the services indicated:
Architectural - Zyscovich h Grafton Arch.
Mechanical. & Electrical - Fraga Engineers
Structural - Maurice Gray Assoc., Engrs.
The 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
between any of the specialists working for the PRII,ICIPAL and the
CITY. It shall be understood that the PRINCIPAL i3 in no way
relieved of any responsibility under the terms of this Agreement
by virtue of any other professional who may associate with him in
performing the WORK.
SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following
professional services and work by the
PRINCIPAL shall not
be considered extra services but on the
contrary shall. be considered
part of the WORK of the PRINCIPAL.
A. Revise the Construction Documents Phase and
Construction plans and specifications to reduce the cost of
construction of the
PROJECT to the final budgeted or CITY
approved amount for
the construction of the PROJECT, if the
amount of the lowest
acceptable bid received by the CITY for the
construction of the
PROJECT is in excess of the final amount
budgeted or approved
for the cost of the construction contract of
the PROJECT.
B. Any other
revisions suggested by the CITY that are
within the scope of the WORK before the Design Development
Documents and Outline
Specifications are approved by the CITY.
18 -
84-5V4N
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books,
survey information, riap.s, contract documents, reports and other
data developed as a result: of this Agreement. shall. become the
property of the CITY wj.thoui; restriction or l.imi.tation on their
use. It is further stipulated that all information developed as
a part of the PROJECT shall not be used by the PRINCIPAL without
written consent; of the CITY.
It is further understood by and between the parties that an•'%
information, maps, contract documents, reports, tracing, plans,
drawings, specifications, books or any other matter whatsoever
which is given by the CITY to the PRINCIPAL pursuant to tnis
Agreement shall at all times remain the property of the CITY and
shall not be used by the PRINCIPAL for any other purpose
whatsoever without the written consent of the CITY.
It is further understood thnic. no press releases or publicity
is to be issued by the PRINCIPAL t-,ithout prior submittal to the
CITY and written approval from the CITY.
SECTION XII-- hlJARD OF AGREEt;ENT
The PRINCIPAL warrants that he has not employed or retained
any company or persons to solicit or secure this Agreement, that
he has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
considerations contingent upon or resulting from the award or
making of this Agreement.
The PRINCIPAL also warrants that to the best of his
knowledge and belief no Commissioner, Mayor or other officer or
employee of the CITY is interested directly or indirectly in the
profits or emoluments of this Agreement or the job, work, or
services for the CITY in connection with the contract or
construction of this PROJECT.
- 19 -
The PRINCIPAL shall not engage during the period of this
Agreement the services of any professional or technical person
who has been at any time during the period of this Agreement in
the employ of the CITY. This does not apply to retired employees
I` of the CITY.
The PRINCIPAL is aware of the conflict of interest law of
both the City of Miami and Dade County, Florida, and agrees that
he 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 the CITY and the PRINCIPAL 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 the PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL 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 XV - TRUTH I14 NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other
factual unit costs supporting the compensation are accurate,
complete and current at the time of contracting and that the
original contract price and any additions thereto shall be
adjusted to er,clude any significant sum where the CITY determines
the contract price was increased due to inaccurate, incomplete or
non -current wage rate and other factual unit cost. Such
adjustments shall be made within one year following the end of
the Contract.
SECTIO14 XVI - RIGHT TO AUDIT
The CITY reserves the right to audit the records of the
PRINCIPAL any time during the prosecution of this Agreement and
for a period of one year after final payment is made under this
Agreement.
A
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84-534 111
Notwithstanding any other provisions of this Agreement, in
no event shall the payment of the LUMP SUPS FEE under SECTION V
herein, enable the PRINCIPAL, to earn a profit of more than T14ENTY
PERCENT (20�) of the L.LIMP SU , FEE. At: the time of the final
increment of that. LUPtP SUM FFE is due to be paid by the CITY to
the PRINCIPAL pursuant to the terms of SECTION V herein, the
PRINCIPAL shall submit to the CITY a certif icati.on of his 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, the PRINCIPAL, shall simultaneously remit any overage
to the CITY. The CITY reserves the right to audit the books and
records of the PRINCIPAL and to adjust the amount of any such
repayment in the light of said audit. In calculating the total
costs incurred by the PRINCIPAL'S oti.,n staff, the PRINICIPAL shall
use a percentage overhead applied to the DIRECT TECHNICAL SALARY
EXPENSE as defined in SECTION Il herein. The percentage overhead
shall be equal. to the actual percentage overhead pertaining for
all PRINCIPAL'S work in the last twelve (12) month period
preceding the date of this Contract for which data are available.
All services provided by subcontractors to the PRINCIPAL shall be
included at the actual cost paid by the PRINCIPAL and the
percentage overhead shall not apply.
SECTION XVII - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the Director of Public Works who shall decide all
questions, difficulties and disputes of whatever nature which may
arise under or by reason of this Agreement, the prosecution and
fulfillment of tiie 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 the PRINCIPAL does not concur in the judgement of the
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84-534
DIRECTOR as to any decision mode by him, the PRINCIPAL shall
present his written objections to the CITY MANAGER; and the
DIRECTOR and the PRT0CI98[ obRIl nbide by the deoioinn of the
CITY MANAGER. 8djv-Itment of compensntion and nonirRot time
benau3e of any ehangre� in the WORK that miQhL become necono�ry or
be deemed desirable as the WORK progre:oeo shall be reviewed by
the DIRECTOR and the CITY M8N80%R and submitted to the CITY
COMMISSION for approval.
SECTION %VIII - NON-DI3CKIMIN&TI0N
A. The PRI0CTP8L nhall not discriminate against anv`
employee or, applicant for employment of race, color, religion,
sex or national origin, The PRINCIPAL shall take affirmative
action to ensure that applicants are employed, and the cmplcyeer,
are treated during employment, without regard to their race,
color, religion, sex, Or national origio. Such action shall
include, but not be limited, to the following: 'Employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or, other forms
of compensation; and selection for training, including
apprenticeship. The PRINCIPAL agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting forth the
provisions of this Equal Opportunity Clause.
B. The PRINCIPAL shall, in all solicitations or
advertisements for employees placed by or on behalf of the
PRINCIPAL, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin.
C. The PRINCIPAL shall send to each labor union or
representative of workers with which be has collective bargaining
agreement or other contract or understanding, a notice, to be
provided by the agency Personnel Officer, advising, the labor
union or workers' representative of the contractor's commitments
under this Equal Opportunity Clause, and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment.
r
D. The PRINCIPAL shall comply with all provisions of
Executive Order No. 112116 of September 24, 1965, as amended by
Executive Order No. 11375 of October 13, 1967, and of the rules,
i
regulations and relevant orders of the :secretary of 1_,abor. .
E. The PRINCIPAL shall. furnish all. information and reports
required by Executive Order No. 112116 of September 24, 1965, as
amended by Executive Order No. 11375, of October 13, 1967, and by
the rules, regulations and order of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, record.-,
and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
F. In the event of the PRINCIPAL'S noncompliance with the
Equal Opportunity clause of this contract or with any of said
rules, regulations or orders, this contract may be canceled,
terminated or suspended, in whole or in part and the PRINCIPAL
may be declared ineligible for further CITY contracts in
accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, as amended by Executive Order No.
11375 of October 13, 1967, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
G. The PRINCIPAL shall include the provisions of XVIII A
through XVIII G in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246
of September 24, 1965, as amended by Executive Order No. 11375 of
October 13, 1967, so that such provisions will be binding upon
each subcontractor or vendor. The PRINCIPAL shall take such
action with respect to any subcontractor, or purchase order as the
contracting agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided,
however that in the event the PRINCIPAL becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the
PRINCIPAL may request the CITY to enter into such litigation to
protect the interests of the CITY.
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e4-$34
SECTION XIX - CONSULTANTS
The CITY hereby approves the following firm which the
PRINCIPAL proposed to engage to provide consulting services for
• the PROJECT, as subcontractor to the PRINCIPAL:
STRUCTURAL ENGINEERING: Maurice Gray Associates, Engrs.
4090 Laguna Street
• Coral Gables, Florida
(305) 444-5182
ELECTRICAL & MECHANICAL ENGINEERING:
FRAGA ENGINEERS
4104 Aurora Street
Coral Gables, Florida 33134
(305) 444-81 10
The PRINCIPAL shall furnish the CITY with a copy of the
subcontract agreement.
The PRINCIPAL shall not subcontract for other consulting
services without prior iaritten approval of the CITY.
SECTION XX - INSURANCE AND INDENNIF'ICATION
The PRINCII)iJ : h, l l provide ins3urance as required herein
below prior to comic -fencing c-,tork in tlji s Agreement.
CONSULTANT shall indemnify and save the CITY harmless from
and against any and all claims, liabilities, losses, and causes
of action, which may arise out of CONSULTANT'S activities under
this contract, including all cther acts or omissions to act of
CITY, its officers or employees, and from and against any orders,
judgements or decrees which may be entered and from and against
all costs and attorney's fees, expenses and liabilities incurred
in the defense of any such claims, or the investigation thereof.
The PRINCIPAL shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in
the name of the CITY when applicable, and shall pay all costs and
judgements which may issue thereon.
The PRINCIPAL shall maintain in force upon
beginning the
construction
phase of
this contract architect's
professional
liability insurance or
its equivalent providing coverage
for any
claim which
may arise
out of the performance of
professional
services as
architects
caused by error, omission,
or negligent
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7
r
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84-534�
f
act on the part of that firm. The limits of liability for such
coverage sha_l.l be at least $1,000,000 per claim. A claims -made
form will. be acceptable with a guarantee from the PRINCIPAL that
he will continue saich coverage for a minimum of two years past
completion of.' the project.
All i.n.-,ij�t-ance pol.i_cies shall be issued by companies
authorized to do business under the laws of the State of Florida
and shall have a Policy Holder's Rating of A in the latest
addition of Best's Key Rating Guide.
The PRINCIPAL shall furnish certificate of insurance to the
CITY prior to the commencement of construction, which
certificates shall clearly indicate that the 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 the insurance shall be
effective without ninety (90) days written notice to the CITY.
Compliance with the foregoing requirements shall not relieve the
PRINCIPAL of his liability and obligations under this Section or
under any portion of this Agreement.
SECTIO14 XXI - 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.
ATTEST: ZYSCOVICH AND GRAFTON, ARCHITECTS
BY:
Principal
THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
ATTEST:
BY:
Ralph ngie, ty lerHoward V. Gary, City Manager
25
84-534 "(I
I APPROVED AS TO CONTENT
ro ec anager
nnorrTNESIS APPROVED AS TO INSURANCE