HomeMy WebLinkAboutR-81-1027RESOLUTION No. 8 1 " 2
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH ALBERT R. PEM ASSOC-
IATES, P.A., FOR PROFESSIONAL LANDSCAPE
ARCHITECTURAL SERVICES RELATED TO THE
DESIGN AND CONSTRUCTION OF RIVERSIDE
PARK IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, USING FUNDS PREVIOUSLY ALLOCATED
FOR THE COST OF SUCH SERVICES.
WHEREAS, in accordance with the State of Florida's Con-
sultant Competitive Negotiations Act, enacted by the legis-
lature of Florida July 1, 1973, and by the City Miami's Ordinance
8965, July 23, 1979, the City Commission by Resolution No. 79-298
on April 27, 1979, selected the firm of Albert R. Perez Associates,
P.A., and authorized the City Manager to negotiate an agreement
with said firm for professional Landscape Architectural services
related to the design and construction of Riverside Park, and
WHEREAS, the City Commission by Resolution 78-329 on May 19,
1978, authorized the City Manager to execute said Agreement which
was subsequently signed and sealed May 23, 1978, and
WHEREAS, upon satisfactory completion of the Schematic Design,
Design Development, and Bidding Phases of the Agreement, which
constitute approximately 80% of the project, the Agreement was
terminated due to insufficient funding for construction of the
Park, and
WHEREAS, funding for construction of Riverside Park is now
available, and by Resolution No. 81-688 on July 23, 1981, the
City Commission accepted a Bid and specific Additive Alternates
for construction of the Park, and
WHEREAS, the City wishes to execute an Agreement for the com-
pletion of the Construction (Consultation) Phase of the Project,
in substantially the form attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Seotion 1. The City Manager is hereby authorizedto Ox
CITY COMMISSI4
?4EEnNG
DIC 10 1981
KXUM rya
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} an Agreemeht,in substantially the form attached hereto,
between the City of Miami and Albert R. Perez Assoeiates►
P.A.` to provide professional Landscape Architectural
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services for the design and construction of Riverside Park
in an amount not to exceed tight Thousand Two hundred
($8►200.00) Dollars.
PASSED AND ADOPTED this LOTH day of DECEMBER ►
1981.
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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GEORGE F. K OX, JR. %4 CITY ATTORN Y
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14,0Ward V& Gary
City Manager
F ! Carl 1{er� Director
{ Detkttent of P,�rlcs
CITY OF MIAMI, FLORIDA
INTt=k-01=1=10E MEMORANDUM
DATE October 281 1981
tOJECT. Re-establishment of Agreement .
with Albert R. Perez Associatesj
P, A. and amendment of Agreement
Rv_FERVICES;Riverside Park.
City Commission Meeting of
ENCLOSURES: Nov. 120 1981
It is recommended that the attached Resolution
be approved authorizing the City Manager to
rep -establish the Agreement between the City
and Albert R. Perez Associates, P. A., and
Amending the Agreement for Landscape Archi-
tectural services related to Riverside Park.
On May 23, 1978 we entered into an Agreement with Albert R. Perez
Associates, P. A. , for Landscape Architectural Services related to
Riverside Park. At the end of the Bidding Phase, because of insuf-
ficient funding for construction the Consultant's Services were
terminated.
Now that funding is available and the City has accepted a Bid for the
Park's construction we wish retain the Consultant to complete the
final phase of the Project. We are also seeking to amend the original
Agreement in terms of compensation for services related to the Construc-
tion Phase, from the original fee of $5, 200 to the newly negotiated fee
of $8, 200.
CK/ /pem
Attachment
cc: Law Department
w 81-1027
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This Agreement made this 23rd dad' of May, 1978 by and
between the City of Miami, Municipal Corporation of the State
of Ploridat hereinafter Called "CITY" and Albert Perez Assow
Gates, hereinafter called ' PRINCIPAL' .
14ITNESSETH
WMEREASt the CITY proposes to construct Riverside Park,
Southwest 8th Avenue and 4th Street, hereinafter called PROJECT;
and
IMEREAS, the Commission of the City of Miami by Resolution
Number 78-298 adopted April 27, 1978, selected the firm of
Albert Perez Associates, P.A. and authorized and directed the
City Manager to negotiate an agreement with said firm for the
professional and technical services required for the PROJECT;
and
TMEREAS, the CITY and the PRINCIPAL entered into a Land-
scape Architectural Agreement on May 23, 1978, for professional
Landscape Architectural services related to the design and con-
struction of Riverside Park, and
WHEREAS, upon satisfactory completion of the Schematic
Design, Design Development, and Bidding Phases, which constitute
approximately 80% of the Project, the Agreement was terminated
due to insufficient funding for construction; and
WHEREAS, by Resolution Number 81- adopted on
November , 1981, the City Commission authorized the City
Manager to execute an Agreement for the completion of the
Construction Phase of the Agreement previously terminated
because of lack of funds.
NOW, THEREFORE, the CITY and the PRINCIPAL for the consi-
derations hereinafter set forth, agree and covenant, one unto
the other as follows;
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A. The PRINCIPAL shall perform the professional and
.. technical services as hereinafter set forth and in general
accordance with the instructions of the CITY, and the
re-quirements of the U.S. Department of Housing and Urban Develop
ment.
Be The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all the professional and techni-
cal services rendered, as outlined in SECTION III - PROFES-
SIGNAL SERVICES, hereof the LUMP SUM FEE OF SS,200.00 •
SECTION II - DEFINITIONS
A. CITY - is hereby defined as the City of Miami,
Florida.
B. CITY MANAGER - is hereby defined as the City Manager
of the CITY.
C. DIRECTOR - is hereby defined as the Director of the
Department of Parks and Recreation.
D. PRINCIPAL - is hereby defined as Albert Perez
Associates.
E. PROJECT - is hereby defined as the construction of
Riverside Park.
F. 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 Number 8227 and Dade County Ordinance Number
73-77. It shall be incumbent on the PRINCIPAL, however to
make every effort to have the art work included as a basic
part of the PROJECT.
G. 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 - PRO-
FESSIONAL SERVICES hereof.
H. CONSTRUCTION COST - is hereby defined as the total
,final construction contract cost of the PROJECT to the CITY,
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bht it §hAllnot include any PRINCIPAL'S fees or special con-
sultant'g fees or the cost of any land acquisition or the
d691L of any.surveyy legal► finance# administrative or similar
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services that may be furnished by the CITY or any cost of
furniture or furnishing or unattached equipment purchased by
the CITY.
I. 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 ser-
vices rendered by the PRINCIPAL pursuant to this Agreement, to
complete the WORK as further defined in SECTION III - PROFES-
SIONAL SERVICES hereof.
J. PROJECT MANAGER - is hereby defined as the PROJECT
MANAGER for the CITY.
K. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined
as the straight -time portion of wages and salaries subject to
Federal Income Tax of the PRINCIPAL'S technical personnel
directly engaged on the PROJECT. The DIRECT TECHNICAL SALARY
EXPENSE charged against the PROJECT, including PRINCIPAL'S,
shall not exceed twenty dollars ($20.00) per hour plus payroll
burden which shall not exceed twenty (20) percent.
SECTION III - PROFESSIONAL SERVICES
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
professional and technical aspects thereof. The CITY'S review
and approval of the WORK will relate only to overall compliance
with the general requirements of the PROJECT and whenever the
term "Approval by the CITY" or like terms are used in this
Agreement, the phraseology shall in no way relieve the PRIN-
%.;IPAL from any duties or responsibilities under the terms of
this Agreement and from using the highest architectural and
engineering services and practices.
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The Construction Phase will commence with the award
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of the Construction Contract. upon written authorization from
the PROJECT MANAGER# the PRINCIPAL shall provide the following
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services during the Construction Phase,
1. Make periodic visits, as necessary, to the site
to familiarize himself with the progress and quality of the
WORK and to determine that the WORK is proceeding in accordance
with the Contract Documents. Submit a site visit report to the
PROJECT MANAGER within five (5) calendar days after each visit.
2. Keep the CITY informed by monthly written Progress
Reports of the actual progress of the WORK and the progress re-
quired to adhere to the construction schedule.
3. Consider and evaluate any suggestions or modifi-
cations which might be submitted by the Contractor. Submit
recommendations on the matter to the PROJECT MANAGER.
4. Interpret the technical plans and specifications,
as required.
5. Furnish any additional details or information
when required for proper execution of the WORK.
6. Make written recommendations for the CITY'S
review and concurrence for such things as material and equip-
ment, changes in plans, extra work orders and supplemental
agreements. These reviews and concurrence shall not relieve
the PRINCIPAL of any of his responsibilities.
7. Check and approve shop and working drawing,
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.
B. Review results of all required testing necessary
for the PROJECT as required by the law or the Contract Docu-
ments; retain a copy of all test results; see that all tests
required by the Contract Documents are actually conducted; and
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ifispadt And provd all testingG
9. Review aamples which
are required to be fury_
niched at the job site; record data
received and from whom;
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examine said samples and notify the
PROJECT MANAGER of his
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approval or rejection and maintain
custody of approved samples.
10. Check and approve the Contractor's construction
schedule; be alert to the completion date and to conditions
which may cause delay in completion and report same to the
PROJECT MANAGER, advise the PROJECT MANAGER when the PROJECT
has been completed in accordance with the Contract Documents
and that the PROJECT is ready for final inspection and accep-
tance.
11. After substantial completion, make a list of
items for correction before final inspection, and check each
item as it is corrected.
12. The contractor will be required to turn 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. Such taking
possession and use shall not be deemed an acceptance of any
work not completed and it shall in no way relieve the PRIN-
CIPAL of any of his responsibilities under the terms of this
Agreement.
13. Maintain orderly files for (1) correspondence,
(2) reports of job conferences, (3) shop drawings and (4) re-
productions of original Contract Documents including all ad-
denda, changed orders and additional drawings issued subse-
quent to the award of the Contract.
14. Upon request by the PROJECT MANAGER, attend
and report to the CITY on all required conferences held at
the job site.
15. During the course of the WORK, review Guaran-
tees, Certificates and other documents as may be required by
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Contract bocuments, and at the acceptance of PROJECT# verify
completeness of this material to the PROJECT MANAGER,
z 16. Review the Construction Contractor's Requisition
for Payments, determine the amounts owing under the Construction
Contract, and issue to the CITY certification for Payments under
such amounts.
17. 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 dur-
ing the Construction Phase; copies of all shop and working
drawings, duly approved by the PRINCIPAL and copies of all tests
results.
18. Furnish written notice to the PROJECT MANAGER of
any fault or defect in the PROJECT or nonconformities in the
Contract Documents, in the best knowledge and belief of the
PRINCIPAL.
19. The PRINCIPAL shall not be responsible for
construction means, methods, techniques, sequences, or pro-
cedures, or for safety precautions and programs in connection
with the work, and he shall not be responsible for the contra-
tor's failure to carry out the work in accordance with the
contract documents.
At the completion of construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY written certification that
the PROJECT has been constructed in accordance with CITY ap-
proved 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.
The Construction Phase shall be complete when the PRINCIPAL
has delivered the aforesaid certificates including "as built"
plans, etc., to the CITY; and the City Commission has accepted
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said PROJECT.
The PR NMPAL shall act as his own tepresentative to
the CITY ih all matters pertaining to the PROJECT.
SECTION IV_-CI'TVS 889VICE8 AND RESPONSIBILITIES
The CITY will furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY
files:
A. Information regarding its known requirements for
the PROJECT.
B. A Certified Land Survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements
and adjoining property, right-of-way 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 improvements
and trees, and information concerning available service and
utility lines both public and private.
C. All reproduction and binding of the bidding and
construction sets of the drawings and specifications.
D. All existing and applicable CITY aerial photographs
on a loan basis.
E. A PROJECT MANAGER to act as liaison between CITY and
PRINCIPAL.
F. All required testing necessary for the PROJECT includ-
ing core boring, test pits, structural, mechanical, chemical, soil,
and mill and laboratory tests, and the services of a soils engi-
neer or other consultants when deemed necessary by the PRINCIPAL
and the PROJECT MANAGER. 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 Quantify Surveyor to prepare Detailed Construc-
tion Cost Estimates based upon the Design Development Documents
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and the oftttrUCtion b6dUMdnts.
For professional and technical services for the Construe—
tion Phase of the PROJECT# as outlined in SECTION III - PRO-
PgSSIONAL SERVICES hereof# the CITY agrees to pay, and the
PRINCIPAL agrees to accept# as a full payment for his services
the LUMP SUM FEE OF $8#200.00.
This LUMP SUM FEE will hereinafter be called the BASIC FEE.
This payment will be made monthly.
SECTION VI - SCHEDULE OF WORK
The PRINICPAL and the CITY agree that time is of the
essence in the achievement of the PROJECT and further agree
to execute their respective responsibilities promptly and
diligently and only upon and in strict conformance with speci-
fic authorization from the PROJECT MANAGER, in writing. It is
understood and agreed by both parties that the following sche-
dule for the TIORK will be strictly followed by the PRINCIPAL.
A. CONSTRUCTION PHASE
The Construction Phase is expected to start upon
award of Contract by the City Commission and upon written
notice by the City Manager to the PRINCIPAL and is projected
to require one hundred twenty (120) calendar days until com-
pletion.
SECTION VII - ADDITIONAL CONSTRUCTION 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 Construction Contractor to do extra or additional work with-
out requiring the PRINCIPAL to furnish professional or technical
services.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at
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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
SERVICE, provided however that the PRINCIPAL is not in default
under the term of this Agreement. if, however, the termination
of this Agreement occurs before the works is completed then the
PRINCIPAL shall be paid at the rate of two and three-quarters
(2-3/4) 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 this 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 his organization or as his consultants or associates,
to perform the services indicated;
A. Landscape Architect
B. Architectural
C. Civil
D. Electrical
E. Mechanical
F. Structural
The PRINCIPAL will be responsible for all the WORK of his
own organization, and of his consultants or associates. Nothing
contained in this Agreement shall create any contractual relation
between any of the specialist working for the PRINCIPAL and the
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CITY, it shall be understood that the PANC ML is no way
relieved of any of his responsiblities under the terms of this
Agreement by virtue of any other professional who may associate
with him in performing the WORK.
SECTION XI r OWNERSHIP OF DOCUMMS
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. 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 furnished by the CITY to the PRINCIPAL
pursuant to this Agreement shall at all times remain the pro-
perty 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 the PRINCIPAL shall issue
no press release or other publicity about the project without
prior submittal to the CITY and written approval from the
PROJECT MANAGER.
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or re-
tained any company or persons to solicit or secure this Agree-
ment and that he has not paid or agreed to pay any company or
persons any fee, commission, percentage, brokerage fee, or
gifts, or any other considerations contingent upon or resulting
fro,n the award or making of this Agreement.
The PRINCIPAL also warrants that to the best of knowledge
and belief no Commissioner, Mayor or other officer or employee
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the My is interested directly or indiredtly in the hrafit§
or emblumonts of thid Agreefflont or the job, work, or services
for the CITY in connection with the contract or constncCtiaft
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 he shall fully comply in all respects with the terms of
said laws.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of
this Agreement, or sublet, assign or transfer any part of
the WORK under this Agreement without the written consent of
the CITY. This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representative, succes-
sors 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 deter-
mines 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.
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
this Agreement.
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g��TIt�N_�VII,_�_ INb�hfNl�'ICATtbN
the PRINCIPAL shall not commence wont on this Contract
until he has obtained all insurance required under this para-
graph 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 actions
which may arise out of the PRINCIPAL'S operation of this Agree -
meet.
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 judgments which may issue thereon.
The PRINCIPAL shall maintain during the term of this Agree-
ment the following insurance:
A. Public Liability Insurance in amounts not less than
$300,000.00 per occurrence for bodily injury and $50,000.00 per
each occurrence for property damage.
B. Automobile Liability Insurance covering all owned,
non -owned and hired vehicles in the following amounts: $100,000.00
per person and $300,000.00 per occurrence.
C. Professional Liability Insurance in a minimum amount of
$100,000.00 covering all liability arising out of the terms of
this Agreement.
D. Employers Liability Insurance in amounts as indicated
in Paragraph "A" above.
E. Workman's 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 PRIN-
CIPAL.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida
i.R.
Arid which are approved according
to specifications
of the Pow
petty. Manager of the CITY.
The PRINCIPAL shall furnish
certificates of
insurance to
the CITY prior to the commencement
of operations,
which certi-
ficates shall clearly indicate that
the PRINCIPAL
has obtained
insurance in the type, amount and
classification
as required
for strict compliance with this Section and that no material
change or cancellation of the insurance shall be effective
without the thirty (30) days written notice to the CITY.
Compliance with the foregoing requirements shall not
relieve the PRINCIPAL of his liability and obligations under
this Section or under any portion of this Agreement.
SECTION XVIII - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the PROJECT MANAGER who shall decide all ques-
tions, 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 his decisions upon
all claims, questions of fact, and dispute shall be final,
conclusive and binding, upon the parties hereto, unless such
determination is clearly arbitrary or unreasonable. In the
event that PRINCIPAL does not concur in the judgement of the
PROJECT MANAGER as to any decision made by him, the PRINCIPAL
shall present his written objections to the CITY MANAGER,
and the PROJECT 14ANAGER and the PRINCIPAL shall abide by the
decision of the CITY MANAGER. Adjustment of compensation and
contract time, because of any changes in the WORK that may
become necessary or be deemed desirable as the WORK progresses,
shall be reviewed by the PROJECT MANAGER and the CITY MANAGER
and submitted to the City Commission for approval.
SECTION XIX - NON-DISCRIMINATION
A. The PRINCIPAL shall not discriminate against any
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6MP1 6yee Or applidant for emploment because of race, color,
religion, sex, or national origin, The PRINMAt shall 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; rate 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, notice to be provided by the Personnel Officer
setting forth the provisions of the Equal Opportunity clause.
B. The PRINCIPAL shall state, in all solicitations or
advertisements for employees placed by or on behalf of the
PRINCIPAL, that all qualified applicants will receive conside-
ration for employment without regard to race, color, religion,
sex or national origin.
C. The PRINCIPAL understands and agrees that the work
to be performed under this Contract is a project under direct
Federal financial assistance from the U.S. Department of
Housing & Urban Development and that compliance with the regu-
lation, policies, guidelines and requirements of that agency
including Office of Management and Budget Circular Number A-95
and Federal Management Circulars 74-a and 74-7, as they relate
to this project and the use of Federal funds, will be strictly
adhered to. The PRINCIPAL further agrees to furnish records
and reports such as Employment Utilization Report SF-257 as may
be required. The PRINCIPAL agrees to design the Facility to
comply with the "American Standard Specifications for making
Building and Facilities Accessible to and Usable by the Physi-
cally Handicapped" and to comply with Title VI and Title VII
of the Civil Rights Act of 1964, as amended, and specifically
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Block Grant program.
SECTION XX - HATCH AND DAVIS - BACON ACTS
A. The PRINCIPAL warrants that he and his Sub -contrac-
tors will comply with the Hatch Act as amended which limits
the.political activities of employees and the Davis -Bacon Act
as amended which requires the payment of prevailing wage rates
of this area as determined by the Secretary of Labor.
SECTION XXI - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and
cause law of the State of Florida.
SECTION XXII - CONFLICT OF INTEREST
The CITY and Albert Perez Associates, covenant that no
person, under their employ who presently exercise any functions
or responsibilities in connection with Community Development
funded activities, has any personal financial interest, direct
or indirect, in this Agreement. The CITY and Albert Perez
Associates further covenant that, in the performance of this
Agreement no person having such conflicting interest shall
be employed. Any such interest, on the part of the CITY or
Albert Perez Associates or its employees, must be disclosed,
in writing.
IN WITNESS WHEREOF, the parties hereto have individually
and through their proper corporate officials, executed this
Agreement, the day and year first above set forth.
Witnesses:
PRINCIPAL
Albert Perez Associates, p,A.
By:
(SEAL)
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
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City Clark
A ROitSD AS TO VORM
AND CORRECTNSSSi
GEORGE F. JR.
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CITY ATTORNEY
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