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HomeMy WebLinkAboutR-84-0547J-84-383 RESOLUTION NO. R- 4- J 47 A RESOLUTION AUTHORTZTNG THE CITY MANAGER TO EXECUTE THE NEGOTTATTID AGRI EP-IFNT -IN SUBSTAN- TIALLY THE FOPM ATTACITED TIETZETO, BT TWE-EN THE -' CITY OF T-ITAMT AND ALBEF.'T' R. PT- P.TE% A,,- 0C• , P.A. TO PROVTDr PPOFF;STONAT, ST�l VTR I S RELATED TO THE DESIGN AND CON SJ'RUC`I'TON OF THE BLUE LAGOON PARK DEVELOPMENT PROJECT, TJSING PRE- VIOUSLY ALLOCATED FUNDS TO COVER THE COST OF ` SUCH SERVICES. WHEREAS, the Florida Department of Natural Resources, Florida Recreation Development Assistance Program, has approved a grant application for funds in the amount of $200,000 for the Blue Lagoon Park Development Project; and WHEREAS, BY Resolution No. 83-318, passed and adopted on April 6, 1983, authorizing the City Manager to accept the grant funds and execute an agreement with the Florida Department of Natural Resources to implement this project; and WHEREAS, BY Resolution No. 83-929, passed and adopted on October 25, 1983, the City Commission approved the designation of Blue Lagoon Park Development as a Category "B" project and appointed Carl Kern, Director of the Department of Parks and Recreation as Chairman of the Competitive Selection Committee; and WHEREAS, the Competitive Selection Committee solicited ex- pressions of interest from qualified consultants, evaluated the qualifications of those firms who responded to its inquiry, and then selected the firms most qualified to provide professional landscape architectural, architectural and engineering services for the development of Blue Lagoon Park, all in accordance with the State of Florida's Consultant Competitive Negotiations Act, enacted by the legislature of Florida July 1, 1973, and by the City of Miami Ordinance No. 8965, July 23, 1979. WHEREAS, the City Commission, by Resolution No. 84-156 on February 9, 1.984, approved the Competitive Selection Committee's recommendation of the firm most qualified to provide, along with its consultants, professional landscape architectural, architectural and engineering services related to the development of Blue Lagoon CITY COMMISSION JAEE1•ING OF io Park, and authorized the City Manager to negotiate a professional services agreement with Albert R. Perez Assoc., P.A., Landscape Architects; and WHEREAS, the Agreement, in substantially the form attached hereto, between the City of Miami and Albert R. Perez Assoc., P.A. was negotiated in a fair and reasonable manner_: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY I OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the negotiated agreement, in substantially the form attached hereto, between the City of Miami and Albert R. Perez Assoc., P.A. to pro- vide professional services related to the design and construction of the Blue Lagoon Park Development Project, using previously allocated funds to cover the cost of such services. PASSED AND ADOPTED this loth day of May , 1984. Maurice A. Ferre M A Y 0 R ATTEST: LPH Qr. ONGIE, CITY CLER PREPARED AND APPROVED BY ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J,ffE R. GARCIA—PEDROSA TY ATTORNEY t T f COMMISSION ACTION TO. Howard V. Gary City Manager. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: April 11, 1984 FILE SUBJECT: Authorization to execute an Agreement with Albert R. Peru Assoc., P.A. , for Blue Lagoon Park FROM: Carl Kern REFERENCES: For City Commission agenda Acting Director of April. 26 (originally Department of Parks ENCLOSURES: submitted for April_ 5, 1984) and Recreation "It is recommended that the City Manager be authorized to execute the negotiated Agree- ment, in substantially the form attached hereto, with Albert R. Perez Assoc., P.A., to provide professional services related to the design and construction of the Blue Lagoon Park Development Project ... as per the att:a.chcd resolution." The Department or rar) ,s anu I c:crez.�tac. n i.s ce} i_na r:;phroval of the professional c? vi t c :- �r? cc>rl�cnt , _n :=u.1> t ;Iiti ].l y tlic form attached hereto, relat:.ed. to ihc, 6c':ri_c7n ,nd c�,i:t:?:ilct:i.ol� u�: 113l11r 1.,;agoon Park. By Resolution ii (34 1 .1 6, O loptc( Yc)u;.ir1r � � } via�� � t_IIC Cit)` C'C)iilIAl.sSiOn approved t.JI'Jvc:� on C'c��nir�IITIJ_ :.t� c ':. 7cc�c.•I:"nix:rl«:iJ_crns, and authorizi:'Cf L--he City 1'li. llc:.� C:'I" to 1if_:c:Ot i ct (; an c:,c'F7,� C')tilaUt_ r.'.;.t::)'1 T,l.} C.?1"t R. Perez Ar..soc. , 11.1;. to provi&" along b;J.tl"1 t;l'J('a r' con ;l.Jl.'i;i Ilt ::i an Martin Assoc., Inc,, and Consulting l]ngi.ncers, Inc. teetural, architectural and enginecring services for the design and construction of Blue Lagoon Park Development Project. The ncgot.iated agreement, in substantially the form attached hereto, has been signed by the consultant, favorably reviewed by the Law Department and now requires ratification by the City Commission. Funding for design of the entire project and construction of the first phase has been obtained through a $200,000 -rant from the Florida Recreation Development Assistance Program matched with "up to $300,000 and not less than $250,000" (City Commission minutes for May 12, 1983) proffered by the developers of Jacarol Bay Club. The consultants' fee for professional services is $132,000. Construction on the project will commence prior to January 1, 1985 in order to comply with the funding requirements. r• S/cg Enclosure 84-54'7 AGREEMENT THIS AGREEMENT made this day of by and between THE CITY OF MIAMI, a Municipal corporation of the 1984, State of Florida, hereinafter called CITY and Albert R. Perez Assoc., P.A., Landscape Architects, hereinafter called the PRINCIPAL. a WITNESSETH WHEREAS, the Florida Department of Natural Resources, Florida Recreation Development Assistance Program, has approved a grant �a application for funds in the amount of $200,000 for the Blue Lagoon I Park Development Project; and is WHEREAS, by Resolution No. 83-318, passed and adopted on April 6, 1983, authorizing the City Manager to accept the grant I funds and execute an agreement with the Florida Department of ` Natural Resources to implement this project; and WHEREAS, }ay Resolution No. 83-1.129, -oassed and adopted on October 25, 198?, the City Conunission approved the designation of Blue Lagoon Park Dovel.opment as a Category "B" project and appointed Carl Kern, Director of the Department of Parks and Recreation as Chairman of the Competitive Selection Committee; and WHEREAS, the Competitive Selection Committee solicited ex- pressions of interest from qualified consultants, evaluated the qualifications of those firms who responded to its inquiry, and i then selected the firms most qualified to provide professional landscape architectural, architectural and engineering services i� for the development of Blue Lagoon Park, all in accordance with 1^ the State of Florida's Consultant Competitive ?negotiations Act, ' enacted by the legislature of Florida July 1, 1973, and by the City of Miami Ordinance No. 8965, July 23, 1979. WHEREP.S, the City Commission, by Resolution No. 84-156 on February 9, 1984, approved the Competitive Selection Committee's recommendation of the firm most qualified to provide, along with its consultants, professional landscape architectural, architectural -1- 84-54 i lip 2 and engineering services related to the development of Blue Lactoon Park, and authorized the City Manager to negotiate a. professional services agreement with Albert R. Perez Assoc., P.A., Landscape Architects; NOW, THEREFORE, the CITY and the PRINCIPAL, for the considerations hereinafter set forth, agree and covenant, one unto the other as follows: SECTION I - GENERAL A. The PRINCIPAL and the CITY are fully aware of the project schedule requirements and will therefore proceed with all diligence to carry out the WORK to meet such requa_rements. The PRINCIPAL shall proceed with all applicable dispatch in a sound, economical, efficient and professional manner, to the timely preparation of all necessary documents for the construction of the PROJECT. B. 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 budgeted the amount of $500,000 for the design of the entire project and construction of Phase I. This amount includes the following: 1., $161,973 for design services, including: a) The lump sum fee for the PRINCIPAL; b) Surveys, soils investigations and related services; c) Permits; d) Administration, reproduction and related expenses; 2. $330,032 for the Construction Cost of Phase I of the PROJECT 3. $ 3,000 for project contingencies; 4. $ 4,995 for ART WORK D. The PRINCIPAL shall design the entire PROJECT based on a project construction cost not to exceed $1.5 million dollars plus a 5% contingency, and specifically develop Phase I for construction within the funds available to the CITY for the Construction Cost of the PROJECT as defined in Section I - C.2. -2"- Y 84--54 i E. The CITY agrees to pay and the PRINCIPAL aqrees to accept i as payment in full_ for all. professional_ and technical, services rendered, as outlined in SECTION III - PROFESSIONAL SERVICES, hereof, the FEE OF ($132,000) ONE HUNDRED AND THIRTY TWO THOUSAND DOLLARS. 4 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. DIRECTOR - is hereby defined as the Director, Department of Parks and Recreation :of the CITY. D. PRINCIPAL - is hereby defined as Albert R. Perez Associates, P.A., 801 Madrid Street - Suite 107-B, Coral Gables, Florida 33134, Telephone - 445-9223. E. PRO,ThCT -- is hereby defined as the development of Blue Lagoon Park, a 3.64 acrc site located on the north side of N.W. 7 Street, west of N.W. 51 Avenue, F. WORK - is hereby defined as all the professional and technical_ services to be rendered or provided by the PRINCIPAL for the entire PROJECT, as described in SECTION III - PROFESSIONAL SERVICES, hereof. G. CONSTRUCTION COST - is hereby defined as the total final construction contract cost for Phase I 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, financial, administration or similar services or land acquisition costs furnished by the CITY or any cost of furniture or furnishing or unattached equipment purchased by the CITY. H. 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 the professional and technical services rendered pursuant to this agreement, to complete the WORK as further defined in SECTION III - PROFESSIONAL SERVICES, hereof. <' Ek 3.. 84-54 i I. RECORD DRAWINGS - are hereby defined as those produced by the Contractor bisecl on data obtained anti recorded 1�v a registered surveyor, depi.ct:inc, ':Ile final alignment and condi.ti.on of all site improvements constructed as part of this PROJECT, andprovided to the CITY on reprod.0 c ble mylar accompanied by copies of the field surveyor's notes. J. ART WORK - is hereby defined as the Art Work to be provided based on the scope of the PROJECT as set forth in City Ordinance No. 8227 and Dade County Ordinance No. 73-77. K. PROJECT MANAGER - is hereby defined as the Manager of the PROJECT for the CITY. L. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as the hourly cost of salaries and those mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, pensions, vacations, and similar benefits. The DIRECT TECHNICAL SALARY EXPENSE: charged aczain.-.t. thc, PROJECT for design and construction services provided ley t:he rRINCI:PAL ;hall not exceed THIRTY DOLLARS ($30.00) per hour plus payroll burden which shall not exceed twenty- five percent (25%). M. APPENDIX A - as attached hereto, shows the programmatic elements submitted to the grantor of funding. These elements are to be included in the overall development plan, the final configuration of which shall be determined as a part of the WORK. SECTION III - PROFESSIONAL SERVICES 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 professional and technical aspects thereof. The CITY'S revie,a and approval of WORK will relate only to overall. compliance \•.ith tl,r_ general require- ments of the PROJE01', and �,aherever the terns "Api)roval. by the CITY" or like terms are used in this Agreement, the phraseologv shall in no way relieve the from any duties or responsibilities under the terms of this Agreement, and from using the best landscape architectural, architectural, and engineering services and practices. r4� 84-540; r e� 2. The PRINCIPAL and his associates shall be aware that funding for this PROJECT was based on a grant, the purpose of which was to provi,d(pa.r)c and recreational_ amen:i_ti_e5 Pl.tae T,agoon Park as illustrated on Appendix A. In accordance with the grant application, development plans shall_ include but not be limited to the following (as illustrated on Appendix A): fishing pier shelter (s) - dock and boat landing ramp - play equipment - parking for cars and cars with trailers - provisions for a snack bar, office space, storage, rest rooms, lockers, etc. - general site improvements such as seating, lighting, planting, irrigation, �•.alkways, etc. 3. The PRINCIPAL and his associates shall., throuc7hout the course of this PROJECT., particularly during the Schematic Design and Design Development. Pleases, work, along with the CITE', with the prospective users;, particularly those from the Rowing and Boating Clubs, and include their input in the overall design process related to the development of Blue Lagoon Park. 4. The PRINCIPAL and his associates shall be prepared with the appropriate documents to attend, and participate in, along with the CITY, various meetings and presentations for review and discussion of overall development of Schematic Design and Design Development Plans for the PROJECT, equalling a minimum of four and a maximum of six meetings. Prior to each "public" meetinq the PRINCIPAL shall confer with the PROJECT MANAGER and/or related staff for review and approval of all documents presented to the public. Included in the meetings and presentations shall be: a) The Miami City Commission, the Zoning and the'Planning Advisory Boards. b) The pre -construction meeting (s). I W5- 84-54! 5. The PRINCIPAL, shall in the preparation of Plans and Specifications, and On -Site Consultation, comply with all. Federal, State and local codes, ordinances andrcgtil_ations pertaining to the design and cons t.r.uction of. the PROJECT. Attention is invited to the Federal. Wage --hour Taw, Walsh -Healy Act, and the Occupational Safety and Health .Act, the National Envi_ronmental. Policy Act, and the Equal Employment Opportunity legislation. A -- Schematic Design Phase During the Schematic Design Phase upon written authorization from the PROJECT MANAGER, the PRINCIPAL shall: 1. Inventory and inspect all. existing structures and facilities on the PROJECT site and provide a written report including the structural integrity, life expectancy, feasibility, and approximate cost of rehabilitation, (within the context of reuse) and present value to park users. 2. Pleat with the prospective users for discussion of those items which would support their programmatic needs. 3. Subsequent to input from the Department of Parks and Recreation and other City departments prepare a maximum of three schematic designs along with cost estimates for the entire Development Project, and individual cost estimates for each item or group of items which form part of the Development Plan. Subsequent to review by the CITY, the PRINCIPAL shall prepare a final Schematic Development Plan based on a list of priorities and other directives provided by the CITY, and a final schematic cost estimate. 4. The schematic designs with the amenities as described in SECTION III - 2, shall include but not be limited to, general use areas, location of structure (s), floor plan (s), planting and paved areas, pedestrian and vehicular access and circulation. Also included shall be preliminary site utilities as well as general information related to materials and methods of construction and permitting. Plans for remodeling and potential expansion of the existing -b- 84-547 ---------- r I building (s) and all necessary repairs of structure (s) including replacement of any glass unbreakable transparent glazing materials and exterior architectural treatment, shall_ be included. The community building should. include space for as many of the following uses as allowable within the building's space constraints: Rest rooms and lockers, supervisor's office, large multi -purpose room (s), equip- ment storage, small multi -purpose room (s) and additional nati_o space. 5. Upon finalization of the configuration and design parameters of those items to be included, the PRINCIPAL shall prepare the final Schematic Development Plan. 6. Subsequent to presentations as outlined in Section III - 4, any appropriate changes, and acceptance by the City, the Schematic Design Phase shall_ be complete. B. Dcsi.cn Devclot'rnriit Phase Durincg the Dc.:�.i ern l e.,,:clopment Phase, upon written authorization from the PROJECT Isr>..NAC),R t,nd as directed by the CITY for the 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 essentials as to location, kinds of materials, types of structures, and site improvements; mechanical and electrical systems construction cost estimates; utilities locations; time E schedule and such other work as may be required. f G 2. Submit to the CITY an Estimate of: PROJECT construction costs i broken down into major categories. It shall be the obligation of the PRINCIPAL and his associates to produce a design Phase I of which may be constructed within the CITY BUDGETED AMOUNT or any subsequent revision thereof approved by the CITY. Approval by the CITY of Schematic Design Studies and/or. Design Development Documents includes approval of the construction cost estimates submitted therewith only if so stated in writing by the CITY. If either the final 9.7m 84-54'7 Cost Estimate for Phase I in the Schematic Design Phase or the Cost Estimate for Phase I in the Design Development Phase is greater than the CITY BUDGETED AMOUNT set forth in SECTION I - C herein, the CITY may require the PRINCIPAL to revise appropriate portions of the Schematic Design Studies and/or the Design Development Documents. The PRINCIPAL shall revise the studies and/or the documents in such a manner as to bring the revised Estimate of PROJECT Construction Cost for Phase I within the CITY BUDGETED AMOUNT as part of the PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no addition in fee to the CITY. 3. Submit completed Design Development Documents thereof as required including the Plans, Outline Specifications, Construction Cost Estimates, Time Schedules and an Illustrative Master Plan. The PRINCIPAL shell. prepare applications and seek approval and permits from regulator- agencies as may be required -for all aspects of the PROJECT. 4. The PRINCIPAL and his associates shall prepare a Master Development Plan, with appropriate sketches, which he shall present to the Miami City Commission and other_ appropriate agencies. 5. The PRINCIPAL shall revise the Design Development Documents and other documents as directed by the City Commission and other agencies having jurisdiction. 6. The Design Development Phase shall be completed when the CITY approves and accepts the Design Development Documents. C. Construction Documents Phase During the Construction Documents Phase, upon written authori- zation from the PROJECT MANAGER or his designees 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 supplement- ary general conditions, for the complete PROJECT. These documents shall be in conformance with all applicable federal, state and local 84-547 laws and codes and shall include such items as the working drawings and specifications, adequately setting forth in detaij descriptions of the construction to be done and also the materials, workmanship, finishes and.. equipment required for all landscape architectural, architectural, . structural, mechanical-, electrical, service -connected equipment, (e.g., fixtures and equipment attached to the facility electrically, mechanically, or structurally) site development, connection costs, planting, bidding information, and the special provisions of the Construction Contract, Bid Proposal, the Construction Contract, and other Construction Contract Documents. 2. Revise the construction contract plans and specifications, and any other written report or written document as required, to secure the CITY'S approval thereof, as well as all permits necessary for the PROJECT. 3. Advise the CITY of any adjustments to previous estimates Of PROJECT construction cost which may be indicated by changes in scope, design, requirements, market conditions, or otherwise. 4. Furnish the CITY with a Final Estimate of PROJECT Construction Cost for the entire PROJECT and. Phase I based upon the completed working drawings and specifications, broken down into major categories. The PRINCIPAL'S Estimates of PROJECT Construction Cost shall be construed as the informed professional opinion of a responsible expert in the subject matter, and the CITY will relay on it as a reasonable approximation of bids to be received. 5. See that all construction contract plans and specifications bear the seal of a Florida registered professional landscape architect, architect and/or engineer and that the dames of professionals responsible for major portions of each separate specialty of the WORK appear on the construction contract plans and specifications. 6. Because of the CI`Y' S concern for energy conservation, in both resources and physical operations it shall be fully understood that the PRINCIPAL shall pay particular attention to designing all of the energy systems and site improvements required for the PROJECT 84-54'7 all, with emphasis towards conserving energy and maintenance time. Particular attention shall. be focused on the different uses of the PROJECT and the different demands for air conditioning and lighta_nq, etc. within structures as well as grounds maintenance, for paved and planted areas outdoors. 7. Submit the completed construction plans and specifications to the CITY for a complete and detailed review and approval.. 8. Conduct all necessary dry -run checks of the construction contract plans and specifications in connection with securing the approval. of, and obtaining necessary permits from, all governmental authorities having jurisdiction over the PROJECT after the CITY has approved and accepted in writing the construction contract plans and other contract documents. By said acceptance, the CITY does not relieve the PRl::NCIPiL of any responsibilities. 9. Deli\,er to the CITY the completed muster set of construction contract plans and specifications and other related parts of the Construction Contract including the Bid Proposal, in such reproducible form as may be specified by the CITY. 10. The Construction Documents Phase shall be considered completed on the day the CITY accepts from the PRINCIPAL the completed Construction Contract plans and specifications ready for construction bids. D - Bidding Phase 1. For Phase I construction prepare addenda as necessary, with accompanying drawings or other material as required, and submit original of each to the PROJECT MANAGER for approval and submission to the Department of Public Works who will furnish a copy for each set of contract documents prepared. 2. Assemble and furnish the PROJECT MANAGER with data for publicity rQleases. 3. Assist the CITY in the evaluation of bids. 4. The Bidding Phase shall be considered completed on the day the CITY accepts a bid for the construction of Phase I of the PROJECT. E - Construction Phase The Construction Phase shall commence with the award of the Construction Contract. During the Construction Phase, upon written authorization from the PROJECT PV7\NAGER, the PRINCIPAT, shall: 1. Attend a. regular weekly site meeting and make periodic Visits to the site to familiarize himself with the progress and quality of work to determine that the work is proceeding in accordance with the Contract Documents and to submit his observations to the CITY in writing within five (5) working days after each visit. 2. Work with the PROJECT MANAGER, through the Project Inspector from the Department of Public Works, with the Contractor and Sub -contract- ors on the job through the Contractor's Job Superintendent. 3. Assist the CITY in considering and evaluating any suggestions or modifications �:hich might be submitted by the Contractor for the r i sr CITY'S approval, 4. Assist the CITY in matters relating to the interpretation of the Contract Documents. 5. Furnish any additional details or information when required at the job site for proper execution of the WORE. 6. Make written recommendations for the CITY'S review and concurrence for such things as materials and equipment, methods of construction, changes in plans, extra work orders, and supplemental agreements; these review and concurrence shall not relieve the PRINCIPAL of any responsibilities as specified under the terms of this Agreement. 7. Check and approve shop and working drawings, samples and other submissions furnished by the Contractor; retain a copy of all shop and working drawings, duly approved by the PRINCIPAL, for permanent CITY records. 8. Review all test reports required by the Contract Documents, and provide the CITY wi-th written evaluation of such test reports. 9. Receive samples which are required to be furnished by the Contractor, record date received and from whom; examine said -11- 84-547 V 11 3 samples and notify the CITY of his approval or rejection. 10. After SuhSta.ntial completion, make a list of items for correction before fi.na.1. inspori;i.on, and check each item as it is corrected. 11. The PRINCIPAL Shall carry nut ]is responsibilities under the terms of this Agreement until_ the Contractor turns over to the CITY a completed facility; however, the CITY shall have the right to take possession of, and use any completed or partially completed portion of the PROJECT, notwithstanding the fact that the time for completing the entire PROJECT or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed and it shall in no way relieve the PRINCIPAL of any of his responsibilities under the terms of his Agreement. 12. Assist the CITY in matters relating to the Contractor's schedules and requests for progress payments. 13. During tile, course of the 1,7ORK, review and if appropriate, approve all Gu zr: ratcc :=, Certificates, Operation and Maintenance Manuals, Keying Parts and other items that have been specified in the Cont:rtac:i,. The PRINCIPAL shall have the resl.onsibility for advi,ing tltic CITY of the full compliance by the Contractor in the timely submission of all such items. 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 Phase of the PROJECT the Record Drawings of the Construction Contract plans, revised to include all changes or modifications to the design made during the Construction Phase based on documentation of said changes and modifications. 15. After completion of the construction of the PROJECT, the PRINCIPAL shall deliver to the CI`1'Y written certification that the PROJECT has been constructed in accordance with CITY approved construction plans and specifications and CITY approved change orders; and shall furnish such other written certificates as may be t 84-547 U required by laws and regulations applicable to the PROJECT. lf. The Construction Phase shall_ be completed when the PRINCIPAL has del ive. ed the aforesaid certi.f i.c-?tes, i.nc:ludina Record Drawings, etc., to the CITY; and t.hr� Cit-y Commission has accepted said PROJECT, but in no case later than forty-five (45) days after delivery by the PRINCI..PAL. SECTION IV - CITY' S SERVICES AND RESPONSIBILITIES The CITY shall furnish the PRINCIPAL with the following services and information from existing CITY records and CITY FILES: A. The CITY shall provide information regarding its known requirements for the PROJECT. B. The CITY shall furnish a Certified Land Survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; right of way, restrictions, easements, utilities, trees, encroachments, 7oni_ng, deed restrictions, boundaries and contours of the site; locations, dimensions and date from existing records on file in the Department of Public I-Zorks of the CITY pertaining to existing }aui.ldings, other improvements and trees; and information concerning availabl<D rcrrvi_cc: and utility lines both public and private. The PRINCIPAL shall not be held responsible for the completeness or accuracy of the Department of Public Works' files. C. If the CITY 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 shall do all reproduction and binding of the bidding and construction sets of the drawings and specifications; and loan all existing and applicable CITY aerial photographs. E. The Director shall appoint a PROJECT IIIANAGER to act as liaison between the CITY and PRINCIPAL, and the PRINCIPAL shall not start work nor incur any expenses for any Phase of the WORK, special conditions or change orders without having received written -I3- a 84-54 ! authorization from the CITY'S PROJECT MANAGER to do so. Nothing contained IiPre _n shall, T. el. i.eve the PRINCIPAL of any responsibility as provided hurler this AgYeement. F. The CITY stall furnish all required testing n(-cessary for the PROJECT i.ncl_udinq core borings, test pits, st.ructttral, mechanical, chemical, soil, and mill and laboratory test, 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 Estimated based upon the Design Development Documents and the Construction Documents. SECTION V - COMPENSATION FOR SERVICES For }.professional and technical services for the Schematic Design, Design Devel_oprnent, Construction Document, Bidding and Construction Phases of t:hcas, oui:.7_iitccd in SECTION III, hereof, the � CITY agz'r.,e icy <<_nd the PRINCIPAL agrees to accept, as a full payment f:cat ha ;> :lc,rvice. the FEE OF ONE HUNDRED AND THIRTY TWO THOUSAND DOLLARS ($1.32,000) . This payment will be made monthly, in proportion to the services performed so that the compensation at the completion of each Phase shall equal the following percentages and amounts of the total FEE: PERCENTAGE OF ACCUMULATED AT THE END OF PHASE LUMP SUM PAYMENTS PAYMENTS 1. Schematic Design Phase 15 19,800 19,800 2. Design Development Phase 35 26,400 46,200 3. Construction Document Phase 75 52,800 99,000 4. Bidding Phase 80 6,600 105,600 .� 5. Construction Phase 100 26,400 132,000 SECTION VI - SCHEDULE OF WORK The PRINCIPAL agrees that time is of the essence in the achieve- ment of the PROJECT and further agrees to execute the professional and -14= 84-541 L] qW technical services.promptly and diligently and only upon and in Strict conformance a _th ^pec .fi.c, a�_tt hor.i_7ati.on from the PROJECT MANAGER in writing, The CITY shall endr ,—or t:.o complete all_ functions related to review and approvnl. of t:he 1'ariouts phases wi.t:.hi.n (J 4) calendar days of receipt of the Tt is understood and agreed by both parties that the following schedule for the 47ORK will be strictly followed by the PRINCIPAL. A. Schematic Design Phase The Schematic Design Phase shall be delivered to the PROJECT MANAGER within thirty (30) calendar days after written authorization from the PROJECT MANAGER to begin 11ORK on _this Phase. B. Design Development Phase The Design Development Phase shall be delivered to the PROJECT MANAGER within thirty (30) calendar days after written authorization from the PROJECT MANAGER to begin WORI: on this Phase. C. Construction Docurncnt Phase The Construction Do currents Phase shall be delivered to the PROJECT MANAGER within f:i%, e (75) calendar days after written authorization f rcm 11)(- PROJECT MANAGER to begin WORK on this Phase. D. Biddi.nc Phase The Bidding Phase is projected to require a maximum of forty five (45) calendar day E. Construction Phase The Construction Phase will commence with the award of the Construction Contract and shall be completed when the PRINCIPAL has delivered to the CITY written certification that the PROJECT has been constructed in accordance with CITY approved construction Mans, specifications and CITY approved change orders; other written certificates as may be required by law and regulations applicable to the PROJECT, including Record Drawings; and the City Conunisslon has accepted the PROJECT by Resolution, but in no cage later than forty five (45) days after delivery by the PRINCIPAL. The length of the Construction Phase shall be as established, and 84-54'7 mutually accepted, at the completion of the Schematic Design Phase. F. Time for Performance In the event:. the PRINCIPAL is unable to complete the above services becau.ge, of Cninys resulting from Acts of God or untimely review and approval by the CITY and others gnvernme� -ntal authorities having jurisdiction over the PROJECT, rind such delays are not the fault of the PRINCIPAL, the CITY shall Grant a reasonable extension of time for completion of the WORK. It shall_ be the responsibility of the PRINCIPAL to notify the CITY promptly in writing whenever a delay in approval by any governmental agency is anticipated or experienced, and to inform the CITY of all facts and details related to the delay. SECTION VIT_ - ADDITIONAL WORK AUTHORIZED BY THE CITY A. the CITY reserves the right to increase the scope and amount of the construction contract by directly authorizing the contractor to do extra or additional �,ork without requiring the PRINCIPAL to furnish professional or technical services. In this case, the cost: of this extra or additional work will be considered as part of the final cost of the PROJECT. The PRINCIPAL shall not be liable for any additional work or conditions resulting from additional work performed by the contractor in the event that the CITY directly authorizes the contractor to do the additional work without requiring the PRINCIPAL to furnish professional or technical services. If in the opinion of the CITY additional work is required, within the overall original scope of the PROJECT but unforeseen at the time that this agreement and/or its amendments are executed, then the PRINCIPAL shall be paid at the rate of two and one half (2�-) times Direct Technical Salary Expense for those services rendered. SECTION VIII - TERMINATION OF AGREEMENT The CITY retains the right to terminate this ..greement at any time prior to completion of tYie I40RI" N�.ithout penalty to the CITY. In that event, termination of this Agreenl�nt shall be in writing to the PRINCIPAL and the PRINCIPAL shall be paid for his services -16- 84-547 rendered in each completed PHASE prior to termination in accordance with SECTION V - COMPENSATION F(.)R SERVICES, provi_clec3 h���rever, that the PRINCIPAL i.s not in defaixl_t i-inder the ms of -hi_s V;z. cement. If, ho=iviever, the termination of. this Agreeme-nt_ occur-s clt,-ci_ncr an incomplete Phase, then the PI?TNCTPA7., shall he paid �a.t t.hQ rate of two and one half (2.5) times Direct Technical Salary I',Xpen e 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 his incomplete Phase than would have been paid had the termination been made at the completion of this Phase. In the event that the PRINCIPAL shall fail to comply with each and every term and condition of this Agreement; or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole option, may upon written notice to the PRINCIPAL and without further notice or demand to the PRINCIPAL, may cancel and terminate this 7�greement, and all payments, advanc<s, or other compensation paid to the. PRINCIPAL by the CITY while the PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to the CITY. In the event of termination, all documents, plans, etc., as set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the property of the CITY, with the same provisions of use as set forth in said SECTION XI. SECTION IX - PRINCIPAL'S SPECIALIST The PRINCIPAL proposes to have the following specialists, either from his organization or as his consultants or associates, to perform the services indicated A. Landscape Architectural B. Architectural C. Structural Engineering D. Civil Engineering E. Mechanical Engineering F. Electrical. Enqineering Selection of the PRINCIPAL by the Competitive Selection Committee was based, in part, on the qualifications and expertise of the following architectural and engineering firms proposed as his designated specialists: -17- g4-54"1 San Martin Associates, Inc., Architects, Structural and Civil Engineers S.D.M. Consi_ilti_na Engineers,. Inc. , Mechanical and Electrical Engineers The PRTNCJ'P.AT, shall negoti_a.te a f i_r and equitable agreement with each of his st? ci.ali its and Ii i3 Tli.sl) 1.11e C i:TY �,td.th a copy of et ch s; ,- C(-)T1tract agreement in a. timely maT)ner. The PPT.T\7CTT)AT, may choose additi.a al specialists, for which prior e•,ri_t:ten approval from the CITY must be obtained, but may not exclude those originally designated without an acceptable written request to the CITY, submitting the reasons for said termination. The PRINCIPAL will be responsible for all the WORK of his own organi-.ati.on, and of his consultants or associates. Nothing contained in this Agreement small create any contractual relation between any of the designated or other Specialists working for the PRINCIPAL and the CITY. It shall be understood that the PRINCIPAL is in no way relieved of any re-sponsibility under the terms of this Agreement by virtue of zany other professional who may associate with him in performing the WORK. . SECTION X -- ADDITIONAL PROFESSIONAL RESPONSIBILITIES Thee 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 PRI1= PAL. 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 ten percent (100) or more in excess of '.he final amount budgeted or approved for the cost of the construction contract of the PROJECT. Revision shall not be interpreted to mean major redesign of project elements previously approved by the CITY. 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-r-547 SECTION XI - OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, field books, survey information, maps, contract documents, reports and other data devel.opncl as a res,zlt of t.hi_^ Agreement s-hall become t-he property of 1---he CITY without restriction or limitation on their use. The PRINCIPAL. shall not. be liable for Possible damages resulting from the CITY'S use of t:he Contract Documents or any other project. It is further sti_nulated 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 any information, maps, contract documents, reports, tracings, plans, drawings, specif.i_cations, books or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this 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. k It is further understood that no press release or publicity is to be issued by the PRINCIPAL, without prior submittal to the CITY and written approval from the CITY. SECTION Y,II - Al ARD OF AGREEMENT The PRINCIPAL warrants that it has not employed or retained any company or persons to solicit or secure this Agreement, that it 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 its knowledge and belief no Conunissioner, Mayor or other officer or employee of the City is interested directly or indirectly in the profits emoluments of this or the job, work, or services for the City in connection with the contract or construction of this PROJECT. The PRINCIPAL shall not engage during the period of this Agreement the services of any professional or technical person who s 3 -19- 84-54'7 49% E has been at any time during the period of this Agreement in the employ of the CITY. The PRTNCTPAL is aware of the conflict of interest laws of both the City of. Mi_azni and Dade County, Flo: .da, and agrees that it sha.l.]. fully comply in a.11 respects with the terms of said laws. ECTION XI T I -- EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the CITY and the PRINCIPAL, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument by both the CITY and the PRINCIPAL. SECTION XIV - SUCCESSORS AND ASSIGNS The PRINCIPAL, shall make no assignments of transfer of this Agreement, or sublet, assign or transfer any part of the WORK under this Agreement without the written consent of the CITY. This Agreement shall be Lindinq upon tho parties hereto, their heirs, executors, legal represen4�Itivc, successors and assigns. SECTION X%7 m yNON-DI LEGABILITY It is understood and agreed, that the obligations undertaken by the PRINCZ};h L pu-rruant: to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. SECTION XVI - TRUTH IN NEGOTIATIONS The PRINCIPAL hereby certifies that wage rates and other -factual unit costs supporting the compensation are accurate, complete and current at the time of contractina and that the original contract price and any additions thereto shall be adjusted to exclude any v significant sum -;-here the CITY determines the contract price was increased due to inaccurate, incomplete or non -current wage rate and other factual unit cost. Such adjustments must be made within one year following the end of the Contract. _Y SECTION XVII - VtAIVER No waiver of any provision hereof shall be deemed to have been made N+ -24- 84-54 i 4 11 unless such waiver be in writing signed by the City. The failure of the City of Miami to insist upon the strict performance of any of the provisions or condi.tions of. this Contract., shall not be construed as waiving or relinquishing in the fazt.izre 71ny such covenants or conditions but the same shall continue and. remain in full. force a,)d effect. SECTION XVITT - RIGHT TO ATJDTT The CITY reserves the ri_aht;, 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. Notwithstanding any other provision of this Agreement, in no event shall the payment of the FEE under Section V herein, enable the PRINCIPAL to earn a profit of more than TWENTY PERCENT (200.) of the FEE. At the time the final increment of that FEE 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 certification of its total costs incurred and profits realized in providing the basic services as outlined in SECTION III herein. If such certification indicates profits in � excess of the maximum set forth above, 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 own staff, the PRINCIPAL shall use a percentage overhead applied to the DIRECT TECHNICAL SALARY EXPENSE as defined in SECTION II herein. The percentage overhead shall be equal to the actual percentage overhead pertaining for all of the PRINCIPAL'S work in the last twelve (12) month period preceding the date of this Contract for which data is available. All services provided by subcontractors to the PRINCIPAL shall be included at the actual cost paid by the PRINCIPAL and the percentage overhead shall not apply. SECTION }SIX - INDEMNIFICATION The PRINCIPAL 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 the PRINCIPAL'S activities under this contract, -21- 84-547' r including all other acts or omissions to act on the Part of the PRINCIPAL, or any of them, including any person acting for, or on it or its behalf, and, fro;, and against any orders, judgements or decrees �ihich ray be-ntered, .Md fr()m and ,(Jai.nst 11_1. costs, attoa:ney's fees, expenses and l_iabili_t-i_es incurred in the defense of any such claims, or in the investigation thereof. SECTION XX -- INSURANCE The PRINCIPAL shall not commence work on this Contract until r it has obtained all insurance required under this Section and such insurance has been approved by the CITY. The PRINCIPAL shall_ maintain during the term of this Agreement the following insurance: A. An Automobile Liability Insurance covering all owned, non -owned, and hired vehicles in the amounts of not less than $100,000 per person each, $300,000 per accident for bodily injury, and $50,000 per accident for property damage. B. Professional. Liability Insurance in the minimum amount of $1,000,000 cove;ri_lig al.l liability arising out of the terms of this Agreement. The City of Miami shall be named as an additional insured. C. Workers' Compensation insurance in the statutory amounts. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of the PRINCIPAL. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; and which are approved according to specifications of the Risk Management Division of the Finance Department of the CITY. The PRINCIPAL shall furnish Certificates of Insurance to the CITY prior to the commencement of operations 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 insurance shall be effective without ninety (90) days written notice to the CITY. -22- 84-54: I .o Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its T i.abi.l i_ty and obligations under this Section or any portion of this Agreement. SECTION XXI - RTGHT OF DECI TONS All_ services shall he performed by the PRINCIPAL to the satisfaction of the Director of the Parks and Recreation Department who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, 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 DIRECTOR as to any decision made by him, the PRINCIPAL shall present his written objections to the CITY MANAGER; and the DIRECTOR and the PRINCIPAL shall abide by the decision of the CITY MANAGER. Adjustment of compensation and contract time because of changes in the work that may be necessary or be deemed desirable as the work progresses, shall be reviewed by the DIRECTOR and the CITY tZANAGER and submitted to the City Commission for approval. SECTION XXII - NON-DISCRIMINATION A. The PRINCIPAL will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. In the event of the PRINCIPAL'S non-compliance with this Section of this contract, this contract may be cancelled, terminated or suspended in whole or in part and the PRINCIPAL may be declared ineligible for further City contracts. B. The PRINCIPAL will, in all solicitations or advertisements 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 will send to each labor union or represent- ative of workers with which he has collective bargaining agreement or other contract of understanding, a notice, to be provided by -23- 84-541 -N, the agency Personnel Officer, advising the labor union of worker's representative of the contractor's commitments under this Equal Opportunity clause, and shalt post copies of the notice in conspicuous places available to employees and applicants for employment. D. The PRINCIPAL will include the provisions of this Section in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or vendor. SECTION XXIII - INDEPENDENT CONTRACTOR That the CONSULTANTS and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Iorker's Compensation benefits as an employee of the CITY. SECTION XXIV •- 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 a ve set forth. i ATTEST: PRINCIPAL: A bert R. Per z Assoc., P.A. Secreta y of the Co poration Presiden of the Cor oration ATTEST: THE CITY OF MIAMI a municipal corporation of th State of Florida) By: ` City Clerk ' City 1,4anager APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORRECTNESS: Director, Department of Par City Attorney and Recreation Finance Department - Risk Management a -24- 84-547 WHEREAS, the Board of Directors of Albert.R. Perez Associates, P.A. has examined terms, conditions and obligations of the proposed contract with the City of Miami for the Blue Lagoon Park Development. WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation, - NOW, ` 1111I�I i:'O E, Iji.; IT RESOL•VED BY THE BOARD OF DIRECTORS Ok 7a:=SOCIATES , P.A. that the president an(,71 a7_-e hci-eby authorized and in struc*.ed to enter i.jitn 7_n the name of, and on behalf of this corporation, the City of Miami for professional services related to Blue Lagoon Park Development in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of.Miami. 0 IN WITNESS WHEREOF, thi5`day of 14 1 CHAIRMW, Boa o D�.rr•ctgr� c . �` •�" rid, ••lll.i�t�•�.. 0 84-54 1 13 U A F F I D A V I T City of Miami Department of Law 174 East Flagler Street Miami, Florida 33131 TO WHOM 1T 11AY CONCERN: This is to ce3-;� _f\r that ALBERT R. PEPSZ is authorized to sign con;:.).-.ac t,_ on behalf of ALBERT P.. PrPEZ ASSOCIATES, P.A. as its duly s\,;c-2:n \7J_cc- —President - Secretary) and is emnc�aercd to m,::kc and r iqn contracts and agreements binding ALBERT P. PFPEZ ASSOCIATES, to any contracts and P.A. agreements with the Department of Parks and Recreation (State Facility of City) Albert R. Perez, President ; Albert R. Perez Associates P.A. 801 Madrid St., Suite 107 Coral Gables, FL 33134 Name - Title Name of Corporation Address of Corporation Sworn to and subscribed to before me this day of iZ,�1984 Notary j''abllc NOTAYY tl'6UC';T-T% Or FLOhinA MY cGr;,1.111;S'�_i� :�.F,F.:S DULY 4 1AI PvNDLD ThnU UNIKAL II4SUW=14c: UND 54-5401 0 ��r: _IIxsir: h�vdrGtS rtsr.• l'. � �. _.. ,' CE , r R' f';: w • � � ..,� `: -.,, ,t ,. � R Fes, i i 4 i tiz TRAILER CAR ENTRANCE EXIT ENTRANCE TRAILER EXIT N. W. 7 ST. 13 r M D D r r) C X 0 F 0 Z 84 54 I FISHING PIES SHELTER DOCK - BOAT LAUNCHING RAMP PLAY EQUIPMENT LAUNCHING FEES Z:) 1-4 m I tl% r- COLLECTION OFFIGm, RESTROOf\TIS SEATING CAR PARKING TRAILER PARKING COVERED PICNIC PLATFORM BOARDWALK PARK PEDESTRIAN ENTRANCE APPENDIX A �� 0 - v I L tJ -