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HomeMy WebLinkAboutR-83-0708J-83-6%3 0 RESOLUTION No. 83--7081 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND O'LEARY-SHAFER- COSIO, P.A., TO PROVIDE LANDSCAPE ARCHITECTURAL, ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE REDEVELOPMENT OF MOORE PARK, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH SERVICES. WHEREAS, the U. S. Department of the Interior, through the National Park Service, Urban Park and Recreation Recovery Action Program, has approved a grant application for funds in the amount of $699,900 for the Ploore Park Redevelopment Project; and WHEREAS, by Resolution No. 83-514 on June 9, 1983, the City Commission committed $300,000 in Capital Improvement Program Funds to meet the 30/70 local/federal matching funds requirement of the aforementioned grant program; and WHEREAS, by Resolution No. 63-537 on June 15, 1983, the City Commission approved the designation of Moore Park Redevelop- ment as a Category "B" project and appointed Carl Kern, Director of the Department of Parks as Chairman of the Competitive Selection Committee; and WHEREAS, by Resolution No. 83-646 on July 18, 1983, the City Commission authorized the City Manager to accept the grant funds and execute an agreement with the U. S. Department of the Interior, National Park Service to implement this project; and WHEREAS, the City Commission approved, by Resolution No. 83-626 on July 18, 1983, the Competitive Selection Committee's selection of firms most qualified to provide professional landscape architectural, architectural and engineering related services related to the redevelopment of Moore Park; and WHEREAS, the attached Agreement between the City and O'Leary-Shafer-Cosio, P.R., was negotiated and is, in the City Manager's opinion, fair, competitive and reasonable; CITY COMPJ!ISSION MEETING OF JUL 28 1983 E:10iu110N ,jo. 83-708. REMARKS. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the negotiated Agreement, in substantially the form attached hereto, between the City of Miami and O'Leary-Shafer- Cosio, P.A., to provide professional landscape architectural, architectural and engineering services related to the Moore Park Redevelopment Project, using previously allocated funds to cover the cost of such services. PASSED AND ADOPTED this 28t1i day of _ July 1983. Maurice A. Ferre M A Y 0 R I PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4 R. GARCIA-PEDROSA C Y ATTORNEY 83-708 4 0 AGREEMENT THIS AGREEMENT made this day of 1983, by and between THE CITY OF MIAMI, a Municipal Corporation of the State of Florida, hereinafter called CITY and O'Leary-Shafer-Cosio, P.A., Landscape Architects, Land Planners, hereinafter called the PRINCIPAL. WITNESSETH WHEREAS, the CITY proposes to renovate Moore Park, an existing 19.6 acre site at NW 36 Street between NTA 7 and 10 Avenues, hereinafter called the PROJECT; and WHEREAS, the U. S. Department of the Interior, through the National Park Service, Urban Park and Recreation Recovery Action Program, has approved a grant application for funds in the amount of $699,900 for the Moore Park Redevelopment Project; and WHEREAS, by Resolution No. 83-514 on June 9, 1983, the City Commission committed $300,000 in Capital Improvement Program Funds to meet the 30/70 local/federal matching funds requirement of the aforementioned grant program; and WHEREAS, by Resolution No. 83-537 on June 15, 1983, the City Commission approved the designation of Moore Park Redevelop- ment as a Category "B" project and appointed Carl Kern, Director of the Department of Parks as Chairman of the Competitive Selection Committee; and WHEREAS, by Resolution No. 83-646 on July 18, 1983, the City Commission authorized the City Manager to accept the grant funds an execute an agreement with the U. S. Department of the Interior, National Park Service,to implement this project; and WHEREAS, the City Commission approved, by Resolution No. 83-621 on July 18, 1983, the Competitive Selection Committee's selection of firms most qualified to provide professional landscape architectural, architectural ane engineering related services related to the redevelopment of Moore Park, and authorized the City Manager to negotiate a professional services agreement with O'Leary-Shafer-Cosio, P.A., Landscape Architects, Land Planners; 83-70L 0 r NOW, THEREFORE, the CITY and the PRINCIPAL, for the considerations hereinafter set forth, agree and covenant, one unto the other as follows: SECTION 1 - 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 in a sound, economical, efficient and professional manner, 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 $999,900 for the total project. This amount includes the following: 1. $239,976. 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. $709,839.00 for the Construction Cost of the PROJECT . 3. $ 50.085.00 for project contingencies including 1.5% of the building construction cost of the PROJECT for art work. D. The PRINCIPAL shall design the PROJECT to maximize the recreation opportunities at Moore Park within the realm of reno- vation and/or replacement, with mutually acceptable project elements within the funds available to the CITY for the Construction Cost of the PROJECT. E. The CITY agrees to pay and the PRINCIPAL agrees to accept as payment in full for all professional and technical services rendered, as outlined in SECTION III - PROFESSIONAL SERVICES, hereof, the LUMP SUM FEE OF ONE HLNDRED AND NMETEEN THOUSAND, SIX HUNDRED DOLLARS, ($119,600.00) . ' 2' 83-'70L, 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 of the CITY. D.' PRINCIPAL - is hereby defined as O'Leary-Shafer-Cosio, P.A., Landscape Architects, Land Planners, Oak Plaza Professional Center, 8525 SW 92 Street, Suite C-11, Miami, Florida 33156, telephone (305) 596-6096. E. PROJECT - is hereby defined as the renovation of Moore Park, an existing 19.6 acre park located at NW 36 Street between NW 7 and 10 Avenues. 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, 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. 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. 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. The PRINCIPAL shall make every possible effort to have the art work included as a basic part of the PROJECT design. J. PROJECT MANAGER - is hereby defined as the Manager of the PROJECT for the CITY. 83-'7061 V 0 K. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as the hourly cost of salaries and those mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, pensions, vacations, and similar benefits. The DIRECT TECHNICAL SALARY EXPENSE charged against the PROJECT for design and construction services provided by the PRINCIPAL shall not exceeed THIRTY DOLLARS ($30.00) per hour plus payroll burden which shall not exceed twenty- five percent (25%). 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 review and approval of WORK will relate only to overall compliance with the general require- ments of the PROJECT, and wherever the term "Approval by the CITY" or like terms are 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 landscape architectural, architectural and engineering services and practices. 2. The PRINCIPAL and his associates shall be aware that funding for this PROJECT was based on an Urban Parks and Recreation Recovery Action Program grant, the purpose of which is to rehabilitate and improve the recreational facilities available at Moore Park. In accordance with the grant application, the existing facilities to be considered for replacement, rehabilitation and/or expansion, include: o Demolition and replacement of the maintenance, concession, recreation, and restroom buildings and the boxinq gym. o Rehabilitation of courts, sports fields, running track, and tennis center. o Redevelopment of the playground. o Renovation of the irrigation and lighting systems. o Replacement of the site furniture and fencing. o Overall site improvements. -4- 83-7061 3. The PRINCIPAL and its associates shall, throughout the course of this PROJECT, particularly during the Schematic Design and Design Development Phases, work, along with the CITY, with the members of the community and include their input in the overall design process related to the renovation of Moore Park. 4. The PRINCIPAL and its associates shall be prepared with the appropriate documents to attend, and participate in, along with the CITY, various meetings as appropriate throughout the course of this PROJECT. These meetings shall include: a. Three Community Group meetings for review and discussion of those items listed as part of this PROJECT; to review of the findings related to the inventory and inspection of all existing facilities; for review and discussion of the redevelopment plans for the PROJECT. b. Prior to each public meeting the PRINCIPAL shall confer with the PROJECT MANAGER and related staff to review and approve all documents presented to the public. c. The Miami City Commission for review and approval of the Redevelopment Plan for this PROJECT. d. The pre -bid and pre -construction meetings. 5. The PRINCIPAL shall in the preparation of Plans and Specifications, and On -Site Consultation, comply with all Federal, State and local codes, ordinances and regulations pertaining to the design and construction of the PROJECT. Attention is invited to the Federal Wage -Hour Law, Walsh -Healy Act, and the Occupational Safety and Health Act, the National Environmental Policy Act, and the Equal Employment Opportunity legislation. A - 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, and present value to park users. -5- 83-'70 & 0 2. Subsequent to input from the Department of Parks and other City departments, the PRINCIPAL shall prepare a Schematic Redevelop- ment Plan based on the grant requirements and other directives and priorities provided by the CITY, and a final schematic cost estimate. 3.- The schematic design shall include, but not be limited to general use areas, location of structures, building, floor plans, elevations, planting materials, pedestrian access and circulation, and relationships with the surrounding areas including the Water Sewer Authority and the Fire Station properties, and other types of site and nearby site amenities. Also included shall be preliminary site utilities, general information related to materials and methods of construction. Replacement, remodeling and/or potential expansion of the existing buildings and all necessary repairs of structures including air conditioning and replacement of any glass with unbreakable trans- parent glazing materials and exterior architectural treatment. Plans for the recreation building should include space for as many of the following uses as allowable within the budgeting constraints: rest rooms,an administrator's office, a large multi -purpose room, equipment storage, pantry/kitchen, small multi -purpose rooms and roofed patio space. Plans for the boxing gym should include a large multi -purpose room, an exercise area, showers, lockers, changing and toilet facilities and an administrator's office. Plans for the restroom building should include restrooms, substantial storage/maintenance space and a potential concession area. 4. Upon finalization of the configuration and design para- meters of those items to be included, the PRINCIPAL shall prepare the final Schematic Redevelopment Plan to be presented to the Community Group for their review and comment. j 5. Subsequent to this meeting and any appropriate changes, the Schematic Design Phase shall be complete when the CITY accents the Schematic Design Documents. B - Design Development Phase During the Design Development Phase, upon written authorization from the PROJECT MANAGER and as directed by the CITY for the approved -6- 83-706, I '7 and accepted parts of the Schematic Design Phase, the PRINCIPAL shall: 1. Prepare Design Development Documents consistinq of plans, sections, 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 schedule and such other work as may be required. 2. Submit to the CITY an Estimate of PROJECT construction costs broken down into major categories. It shall be the obligation of the PRINCIPAL and its associates to produce a design 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 Cost Estimate for the Schematic Design Phase or the Cost Estimate for 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 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 being the revised Estimate of PROJECT Construction Cost 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 Plans, Outline Specifications, Construction Cost Estimates Time Schedules and an Illustrative Master Plan. The PRINCIPAL shall assist the CITY in preparing applications and seeking approval and permits from regulatory agencies as may be required. 4. The PRINCIPAL and its associates shall prepare a Master Redevelopment Plan with appropriate sketches which he shall present -7- s3- 70& 19 0 to the Planning Advisory Board; and the Miami City Commission. 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 authorization 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. Prenare all construction contract plans and specifications and other contract documents, except general conditions or supplemen- tary general conditions, for the complete PROJECT. These documents shall be in conformance with all applicable federal, state and local laws and codes and shall include such items as the working drawings and specifications, adequately setting forth in detail descriptions of the construction to be done and also the materials, workmanship, finishes and equipment required for all landscape architectural, architectural, structural, mechanical, electrical, service -connected equipment, (e.g., fixtures and equipment attached to the facility electrically, mechanically, or structurally) site development, connection costs, planting, bidding information, and the special provisions of the Construction Contract, Bid Proposal, the Construction Contract, and other Construction Contract Documents. 2. Revise the construction contract plans and specifications, and any other wtitten report or written document as required, to secure the CITY'S approval thereof. 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 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 -8- 83-'7Q informed professional opinion of a responsible expert in the subject matter, and the CITY will rely on it as a reasonable approximation of bids to be received. 5. See that all construction contract plans and specifications bear the seal of a Florida registered professional landscape architect, architect'or engineer, and that the names of professionals responsible for major portions of each separate specialty of the WORK appear on the construction contract plans and specifications. 6. Because of the CITY'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 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 lighting, 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 accpetance, the CITY does not relieve the PRINCIPAL of any responsibilities. 9. Deliver to the CITY the completed master set of construction contract plans and specifications and other related parts of the Construction Contract including the Bid Proposal, in such reproducible form as may be specified by the CITY. 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 83-'708- 1. 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 releases. 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 the PROJECT. E - Construction Phase The Construction Phase shall commence with the award of the Construction Contract. During the Construction Phase, upon written authorization from the PROJECT MANAGER, the PRINCIPAL shall: 1. Attend a regular weekly site meeting and make periodic visits to the site to familiarize himself with the progress and quality of work to determine that the work is proceeding in accordance with the Contract Documents and to submit his observations to the CITY in writing within five (5) working days after each visit. Specific requests to visit the site, including attendance of the regular weekly meeting shall not exceed three (3) times per week or an equivalent frequency. 2. Work with the PROJECT MANAGER, through the Project Inspector from the Department of Public Works, with the Contractor and Subcontractors on the job through the Contractor's Job Super- intendent. The PRINCIPAL shall, due to the nature of construction administration and on -site visits, not be responsible for any failures of the Contractor to comply with the plans and specifica- tions, which failures are not readily visible or ascertainable during the aforementioned site visits. 3. Assist the CITY in considering and evaluating any suggestions or modifcations which might be submitted by the Contractor for the CITY'S approval. -10- 83-'74 E I 4. Assist the CITY in matters relating to the interpretation of the Contract Documents. 5. Furnish any additional details or information when required at the job site for proper execution of the WORK. 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 with 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 samples and notify the CITY of his approval or rejection. 10. After substantial completion, make a list of items for correction before final inspection, and check each item as it is corrected. 11. The PRINCIPAL shall carry out his 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 the course of the WORK, review and if appropriate, -11- 83-'701S. 41 I approve all Guarantees, Certificates, Operation and Maintenance Manuals, Keying Schedules, Spare Parts and other items that have been specified in the Contract Documents. The PRINCIPAL shall have the responsibility for advising the 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 original reproducible drawings of the Construction Contract plans, revised to include all changes or modifications to the design made during the Construction Phase. 15. At the completion of the construction of the PROJECT, the PRINCIPAL shall deliver to the CITY written certification that the PROJECT has been constructed in accordance with CITY approved construction plans and specifications and CITY approved change orders; and shall furnish such other written certificates as may be required by laws and regulations applicable to the PROJECT. 16. The Construction Phase shall be completed when the PRINCIPAL has delivered the aforesaid certificates, including record drawings, etc., to the CITY; and the City Commission has accepted said PROJECT, but in no case later than forty-five (45) days after delivery by the PRINCIPAL. 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. H. The CITY shall furnish a Certified Land Survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; right of way, restrictions, easements, utilities, trees, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and data from existing records on file in the Department of Public Works of the CITY pertaining to existing buildings, other improve- ments and trees; and information concerning available service and -12- 83-'708 utility lines both public and private. The PRINCIPAL shall rely on the accuracy of the aforementioned documents and shall not be held responsible for the completeness or accuracy of the Depart- ment 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 14ANAGER 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 authorization from the CITY'S PROJECT MANAGER to do so. Nothing contained herein shall relieve the PRINCIPAL of any responsibility as provided under this Agreement. F. The CITY shall furnish all required testing necessary for the PROJECT including core borings, test pits, structural, mechanical, chemical, soil, and mill and laboratory test, 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 SECTION V - COMPENSATION FOR SERVICES For professional and technical services for the Schematic Design Development, Bidding, Construction Document and Construction Phases of the PROJECT, as outlined in SECTION III, hereof, the CITY agrees to pay, and the PRINCIPAL agrees to accept, as a full payment -13 83-'7081 of its services the LUMP SUM FEE OF ONE HUNDRED AND N 'F'y TIMUSAND,SIX ($119,600.00). HUNDRED,/ This LUMP SUM FE-E will hereinafter be called the BASIC FEE. 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 BASIC FEE: AT THE ENtS OF PHASE 1. Schematic Design Phase 2. Design Development Phase 3. Construction Document Phase 4. Bidding Phase 5. Construction Phase 7ERCENTAGE OF ACCUMULATED LUMP SUM PAYMENTS PAYMENTS 15 17,940 17,940 35 23,920 41,860 75 47,840 89,700 80 5,980 95,680 100 23,920 119,600 If in the opinion of the CITY unforeseen work is required related to the PROJECT, the PRINCIPAL shall be paid at the rate of Two and One-half (2.5) times Direct Technical Salary Expense for those services rendered. SECTION VI - SCHEDULE OF WORK The PRINCIPAL agrees that time is of the essence in the achieve- ment of the PROJECT and further agrees to execute the professional and technical specific authorization from the PROJECT MANAGER in writing. The CITY shall endeavor to complete all functions related to review and approval of the PROJECT'S various aspects and phases at the working meetings to be held with with the PRINCIPAL on two (2) calendar days of receipt of the submission. It is understood and agreed by both parties that the following schedule for the WORK will be strictly followed by the PRINCIPAL. A. Schematic Design Phase The Schematic Design Phase shall be delivered to the PROJECT MANAGER within Fifteen (15) calendar days after written authorization from the PROJECT MANAGER to begin WORK on this Phase. B. Design Development Phase The Design Development Phase shall be delivered to the PROJECT MANAGER within Fifteen (15) calendar days after written authorization from the PROJECT MANAGER to begin WORK on this Phase. -14- 83-'70£I I a C. Construction Documents Phase The Construction Documents Phase shall be delivered to the PROJECT MANAGER within Sixty (60) calendar days after written authorization from the PROJECT MANAGER to begin WORK on this Phase. D. Bidding Phase The •Bidding Phase is projected to require 'twenty six (26) calendar days. E. Construction Phase The Construction Phase will commence with the award of the Construction Contract and shall be completed when the PRINCIPAL has delivered to the CITY written certification that the PROJECT has been constructed in accordance with CITY approved construction plans, specifications and CITY approved change orders; other written certificates as may be required by law and regulations applicable to the PROJECT, including record drawings; and the City Commission has accepted the PROJECT by Resolution, but in no case later than Forty five (45) days after delivery by the PRINCIPAL. The length of the Construction Phase shall be as established, and mutually accepted in writing at the completion of the Schematic Design Phase. Professional services provided by the PRINCIPAL, which exceed the anticipated length of the construction by more than Thirty (30) calendar days shall be considered as unforeseen work. F. Time for Performance In the event the PRINCIPAL is unable to complete the above services because of delays resulting from Acts of God or untimely review and approval by the CITY and other governmental authorities having jurisdiction over the PROJECT, and such delays are not 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 VII - ADDITIONAL WORK AUTHORIZED BY THE CITY A. The CITY reserves the right to increase the scope and -15- 83 -7061 amount of the construction contract by directly authorizing the contractor to do extra or additional work without requiring the PRINCIPAL to furnish professional or technical services. In this case, the cost of this extra or additional work will not 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. SECTION VIII - TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to completion of the WORK without penalty to the CITY. In that event termination of this Agreement shall be in writing to the PRINCIPAL and the PRINCIPAL shall be paid for his services rendered in each completed PHASE prior to termination in accordance with SECTION V - COMPENSATION FOR SERVICES, provided however, that the PRINCIPAL is not in default under the terms of this Agreement. If, however, the termination of this Agreement occurs during an incomplete Phase, then the PRINCIPAL shall be paid at the rate of two and one-half (2.5) times Direct Technical Salary Expense for those services rendered in such incomplete Phase provided that 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 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 its organization or as its consultants or associates, to perform the services indicated: -16- s3-7of A. Landscape Architectural B. Architectural C. Structural Engineering D. Civil Engineering E. Mechanical Engineering F. Electrical Engineering The PRINCIPAL will be responsible for all the WORK of its own organization, and of its consultants or associates. Nothing contained in this Agreement shall create any contractual relation between any of the specialists working for the PRINCIPAL and the CITY. It shall be understood that the PRINCIPAL is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with thEm in performing the WORK. The PRINCIPAL was selected as part of a team of firms to provide Landscape Architectural, Architectural, and Engineering services for the PROJECT. Those team members to act as Consultants to the PRINCIPAL are: Jimmie Allen & Associates - Architecture Maurice Gray Associates - Engineering Kenneth Warren Associates, Inc. - Engineering The PRINCIPAL shall furnish the CITY with a copy of each of i the subcontract agreements. The PRINCIPAL shall not exclude any of the above mentioned subconsultants or subcontract for other consulting services without prior written approval of the CITY. 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 ten percent (10%) or more in excess of the final amount budgeted -17- 83--'706 or approved for the cost of the construction contract of the PROJECT. Revision shall not be interrreted 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. SECTION XI - OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, field books, survey information, maps, contract documents, reports and other data developed as a result of this Agreement shall become the property of the CITY without restriction or limitation on their use., The PRINCIPAL shall not be liable for possible damages resulting from the CITY'S use of the Contract Documents or any other project. It is further stipulated that all information developed as a part of the PROJECT shall not be used by 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, specifications, 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. It is further understood that no -press release or publicity is to be issued by the PRINCIPAL without priot submittal to the CITY and written approval from the CITY. SECTION XII- AWARD 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 it's knowledge and belief no Commissioner, Mayor or other officer or employee of -18- 83-706 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. The PRINCIPAL shall not engage during the period of this Agreement the services of any professional or technical person who has been at any time during the period of this Agreement in the employ of the CITY. This does not apply to retired employees of the CITY. The PRINCIPAL is aware of the conflict of interest laws of both the City of Miami and Dade County, Florida, and agrees that it shall fully comply in all respects with the terms of said laws. SECTION XIII - 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 binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. SECTION XV - TRUTH IN NEGOTIATIONS The PRINCIPAL hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting and that the original contract price and any additions thereto shall be adjusted to exclude any significant sum where the CITY determines the contract price was increased due to inaccurate, incomplete or non -current wage rate and other factual unit cost. Such adjust- ments must be made within one year following the end of the Contract. SECTION 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 thisAgreement. -19- 83--70E- Notwithstanding any other provision of this Agreement, in no event shall the payment of the LUMP SUM FEE under SECTION V herein, enable the PRINCIPAL to earn a profit of more than TWENTY PERCENT (20%) of the LUMP SUM FEE. At the time the final increment of that LUMP SUM FEE is due to be paid by the CITY to the PRINCIPAL, pursuant to the terns 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 EXPE14SE 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 XVII - INSURANCE AND INDEMNIFICATION The PRINCIPAL shall not commence work on this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the CITY. The PRINCIPAL shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of action arising out of error, omission or negligent act of the PRINCIPAL, its agents, servants or employees in the performance of services under this Agreement. 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. -20- 83-706- The PRINCIPAL shall maintain during the term of this Agreement the following insurance: A. A Comprehensive General Liability Policy with at least a combined single limit for Bodily Injury and Property Damage Liability of $300,000 per occurrence. B. 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. C. Professional Liability Insurance in the minimum amount of $1,000,000.00 covering all liability arising out of the terms of this Agreement. D. Worker's Compensation insurance in the statutory amounts. The insurance coverage required shall include those classi- fications 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. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its liability and obligations under this Section or any portion of this Agreement. SECTION XVIII - RIGHT OF DECISIONS All services shall be performed by the PRINCIPAL to the satisfaction of the Director of the Parks Department who shall decide all questions, difficulties and disputes of whatever nature -Z1- 83-'706 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 judqement of the DIRECTOR as to any decision made by its, the PRINCIPAL shall present its 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 MANAGER and submitted to the City Commission for approval. SECTION XIX - NON-DISCRIMINATION A. The PRINCIPAL will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The PRINCIPAL will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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 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 tt has collective bargaining agreement -22- 83-706- or other contract or understanding, a notice, to be provided by the agency Personnel Officer, advising the labor union of worker's 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. D. The PRINCIPAL will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. E. The PRINCIPAL will furnish all information and reports required by Executive Order No. 11246 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, records 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 the said rules, regulations or orders, this contract may beycancelled, 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 will include the provisions of XIX A through 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 will take such action with respect to any subcontractor or purchase order as the contracting agency -23- 83--'70f • 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 interest of the CITY. The PRINCIPAL shall not subcontract for other consulting services without prior written approval of the CITY. The PRINCIPAL shall furnish the CITY with a copy of each of the subcontract agreements. SECTION XX - 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: PRINCIPAL By: ATTEST: THE CITY OF MIAMI (a municipal corporation of the State of Florida) By: City Clerk City Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORRECTNESS; Director, Department of Parks City Attorney Design Division Head -24- 83-70& COMMISSION ACTION Howard V. Gary City Manager Carl Kern Director Department of Parks July 22, 1983 Authorization to execute a nego- tiated agreement for landscape architectural, architectural and engi- neerina services related to the develop- ment of Moore Park. Pocket Item for the July 28/1983 City Commission fleeting "It is recommended that the City Manager be authorized to execute the negotiated agreement, in substantially the form attached hereto, between the City and O'Leary-Shafer-Cosio, P.A. to provide landscape architectural, architectural and engineering services related to the redevelopment of Moore Park, using funds previously allocated to cover the cost of such services." The City Commission, by Resolution No. 83-646 on July 18, 1983, authorized the acceptance of grant funds in the amount of $699,900 from the Urban Park and Recreation Recovery Program. This grant was matched with $300,000 in Capital Improvement Program funds committed by Resolution No. 83-514 on June 7, 1983. The Moore Park Redevelopment Project was designated a Category "B" project by Resolution No. 83-537 on June 15, 1983 and the Competitive Selection Committee's selection of the most qualified firms was approved by Resolution No. 83-626 on July 18, 1983. An aqreement has been negotiated with a first rank ordered firm, O'Leary-Shafer-Cosio, P.A.,and it is now appropriate to have the City Commission ratify and approve the agreement in substantially the form attached hereto. CK/0 66'/cg Enclosure 83-'708,