HomeMy WebLinkAboutR-81-0949C
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RESOLUTION NO.
81 - 949
A RESOLUTION AUTITORIlI-:G TILE CITY MA`AGER
TO ENECUTE TI1E NEGOTIATED AGEZE;F'1', I:\:
S U 13 STANTIAI_,Ll TI1 is FORNI ATTACITI-;D 1-1I-:1Z I:TO,
BETWLEN THE CITY OF MIAMI AND FULLER AND
SADAO, P. C. TO PROVIDE PROFESSIONAL LANDSCAPE
ARCHITECTURAL, ARCHITECTURAL AND E\GINEERING
IN DESIGN AND CONSTRUCTION RELATLD TO BAYFRONT
PARK REDEVELOPMENT, USING PREVIOUSLY ALLOCATED
FUNDS FOR TIIE COST OF SUCII SERVICES.
WHEREAS, the City Cotilmission approved, by Resolution No. 81-829
passed September 24, 1981, the Competitive Selection Committee's selection of
the team of firms most qualified to provide professional Landscape Architectural
Architectural, and Engineering Services for design and construction related to
Bayfr.ont Park Redevelopment and
WHEREAS, it is in the best interest of the City of ,\-Iiami to begin Bayfront
Park Redevelopment as soon as possible; and
WHEREAS,by the aforesaid resolution the City Commission authorized the
City Manager to negotiate a professional services agreement on behalf of the City;
and
WHEREAS, the attached agreement between the City and Fuller and Sadao,
P. C. was negotiated and is, in the City Nianal;er's opinion, fair, competitive and
reasonable; and
WHEREAS, said Resolution Nlo. 81-829 directed the City Manager to present
the negotiated abrc;cment to the City Commission for its approval;
NOW, TIIEREFORI:, 13E IT RESOLVL.D BY TIIE CO.NUMISSION OF THE
CITY OF MIAN-11, FLORIDA:
Section 1. The City Nianagor is hereby authorized to execute the negotiated
agreement, in substantially the fornh attached hereto, between the City of Miami
and Fuller and Sadao, P. C. to provide professional Landscape Architectural
Architectural and Enpineerino St.-rvices in design and construction related to
Bayfront Parlc Redevelopment, using; previously allocated funds for the cost of such
services.
CITY COMMISSION
MEETING OF
NOV 1 2 1981
Q1-9
RE, aunott No� 8....»........
REMARKS.............................
PASSED AND ADOPTED this 12 day of November , 1981.
ATTEST:
RALM G. ONGIE
ITY CLERK
PREPARED AND APPROVED BY:
.6&1 y
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
MAURICE A FERRE
M A Y 0 R
APPRO ? AS TO 'FORM AID CORRECTNESS:
GEORG F. KNOX, JR., -C-jAY ATTORNEY
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CITY OF MWMI, FLORIDA
ro
��' fNTCflrCit'tll� fi!�;+"_MORANDUP,,t
TO Howard V. Gary 2 All . 10 November 2, 1981 FILE
City Manager (Originally submitted October 30, 1981)
Ratification and Approval of
Agreement with Fuller and Sadao,
P. C. , as per Resolution No. 81-829
, V-C:arl Kern, Director = - -- City Commission Meeting of
1)4tment of Parks
November 12, 1981
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"It is recommended that the attached Resolution
be approved ratifying the Agreement between
the City and Fuller and Sadao, P. C., dated
November 1981, for professional Landscape
Architectural, Architectural and Engineering
Services for Bayfront Park Redevelopment. " _
The City Commission, by Resolution No. 81-829, authorized the
City Manager to negotiate and enter into a fair, competitive and
reasonable contract with the team of firms found most qualified
to provide Landscape Architectural, Architectural and Engineer-
ing Services for Bayfront Park Redevelopment.
This task having been fulfilled with the first rank ;ordered team
of firms, of which Fuller and Sadao, P. C. , has been established
as the Prime Consultant, it is now appropriate to have the City
Commission ratify and approve the attached`executed ygreement,
dated November 1981.
By this Agreement, Fuller and Sadao, P. C. will be paid $130, 000.
for the Design Development Phase of the Project, funding for which
has been allocated through bth year C. D. Block Grant funds ($100, 000. )
and F. P. L. Franchise funds ($150, 000. ) The Construction Document,
Bidding and Construction Phases of this Project will be implemented
as additional funding is secured.
C /co
di tta m ent
cc: Laxv.Department
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81-949
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AGREEMENT
This Agreement inade this day of , 1981,
by and between the CITY OF MIAMI, a 1lunicipal Corporation of the State
of Florida, hereinafter called CITY, and Fuller and Sadau, 1'. C., herein-
after called the PRINCIPAL.
WITNL•'SSET11
WHEREAS, the CITY proposes to redevelop an approximately
18-acre portion of the I3ayfront Park of the Americas in dog=nitown Miami,
hereinafter called the PROJECT, and
WHEREAS, the CITY has approved by Resolution #80-75 on October
30, 1980, the Isamu Noguchi preliniinary design for this portion of Layfront
Part: of the Americas; and
WHEREAS, the CITY has designated up to $250, 000 from Community
Development Block Grant Funds, 6th year, and Florida Power and Light
Franchise funds to be utilized for the cost of professional services, and
WHEREAS, the City Commission adopted Resolution ¢181-321 on
April 3, 1981, approving the designation of Bayfront Park Redevelopment
Project as a Category "I3" project, and appointing the Director of the
Department of Parks as Chairman of the Competitive Selection Committee,
and
WHEREAS, the CITY desires to engage a team of Landscape Architec-
tural, Architectural and Engineering firms to render the necessary profes-
sional and technical services, hereinafter called the WOr-,-K for design and
construction consultation of the PROJECT upon the terms, conditions and
provisions hereinafter set forth; and
WHEREAS, the City Commission adopted Resolution #i81-829 on
September 24, 1981, approving the selection by the Competitive Selection
Committee of Fuller and Sadao, P. C. , David Voll:ert & Associates, Inc. ,
Consulting; Engineers, Pancoast tilbaisa, Architects, De Zarraga & Donnell,
Inc. , Consulting; Engineers, and Seymour, Ilenderson, Rosenberg; & Scully,
Joint Venture, as the team of firms most qualified to provide professional
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Landscape Architectural, Architectural and Engineering services for the
PROJECT, and authorizing the City Manager to negotiate and enter into
a professional service contract on behalf of the CITY OF MIAMI; and
NOW, THEIREFORE, the CITY and the PP`D;CIPAL 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 xill therefore proceed with all diligence to carry
out the WORK to meet such requirements. The PRINCIPAL shall proceed
with all applicable dispatch in a sound, economical, efficient and professional
manner, to the timely preparation of all necessary documents for 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 Commission has approved a preliminary design
prepared by the SCULPTOR, Isamu Noguchi, by Resolution No. 80-751,
dated October 30, 1980. The CITY intends to engage the SCULPTOR to be
the sole artistic interpreter during all Phases of the PROJECT.
D. It is the primary purpose of this Agreement that the PRINCIPAL
shall work closely with the SCULPTOR throughout all the Phases of the
PROJECT to produce documents that will ensure the completeness and
integrity of the SCULPTOR's approved preliminary design.
E. It is the secondary purpose of the Agreement that the PRINCIPAL
shall coordinate his WORK with other entities having jurisdiction over other
portions of the PROJECT, namely the Corps of Engineers for the Baywalk,
the Metro -Dade County Office of Transportation Administration and their
consultants for the Downtown Component of Metrorail, the CITY and its
developer for the proposed redevelopment of Miamarina; the development
of Miami Center and others as may be applicable.
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F. The CITY has initially budgeted the amount of $!50, 000. for this
i,,,reement. This amount includes the follov.-ing:
1. $130,000. fordesicii services including:
(a) The 1wiip stem fee for the PRII CIPAL
(b) $25, 000. to cover the costs of special consultants and 6 renderings.
2. The remaining funds for:
(a) Surveys; soils investigations and related services
(b) 2%di-ministration, reproduction and related expenses
(c) Lnactinent of additional phases of this Algreement
G. It- is the intent of the CITY to seek funds for the construction of
the PROJECT. It is estimated that the construction cost of the WORK under
this Agreenl; nt will be generally in order of Seven 2Iillion Dollars ($7, 000, 000. 00).
I -I. The CITY agrees to pay and the PRL-\ICIPAL 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 HUNDRED AND THIRTY THOUSAND DOLLARS ($130, 000. 00).
SECTION II - DEFINITIONS
A. CITY - is hereby defined as the City of 'Nliaini, Florida.
B. CITY 1%,1ANAGER. - is hereby defined as the City Manager of the CITY.
C. PRINCIPAL - is hereby defined as Fuller and Sadao, P. C. ,
32-37 Vernon Boulevard, Long Island City, N. Y. 11106, (212) 278- 1954.
D. PROJECT - is liereby defined as an approximately 18-acre redevelop-
nient project for Bayfront Park of the Americas, as indicated in Exhibit "A".
E. SCULPTOR - is hereby defined as Isamu Noguchi, 32-37 Vernon
Boulevard, Long Island City, N. Y. 11.106, (112); 545-8842.
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 estimated
construction cost of the PROJECT to the CITY but it shalljiot include any
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PRIINCIPAL's fees or special consultant's fees or the cost of any survey,
le -al, financial, administration or similar services furnished by the CITY
or any cost of ilnattached ftirnitllru, 1U1.111S111n" or cc(aipali.Ilt PnI-CllaSCCl by
the CITY.
I4. LUIMP SMI FLE - is hereby defined as the a1nu11nt of money the
CITY agrees to pay aild 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.
I. The PROJECT 11, ANAGER is hereby defined as the Director of
Parks or his desigtlee who will administer the PROJECT for the CITY, —
and will act as liaison to the TECHNICAL REVIEW CO\NIMITTEE.
J. TECHNICAL REVIEW COMMITTEE - is hereby- defined as
the Committee appointed by the CITY (MANAGER to oversee and review the
WORK of the PRINCIPAL and the SCULPTOR.
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 PRIaNTCIPAL shall not exceed TWENTY FOUR DOLLARS ($24.00)
per hour plus payroll burden which shall not exceed Twenty Five Percent.
L. EXHIBIT "A" - is hereby defined as a site plan of Bayf rout Park
of the Americas indicating generally the redevelopii-wnt area; attached to this
Agreement and made a part hereof. .
M. EXHIBIT "B" - is hereby defined as the approved preliminary
design of the SCULPTOR; attached to this Agreement and rnade a part hereof.
N. EXHIBIT "C" - is Hereby defined as the wort: program for the
PRINCIPAL under this Agreelnellt; attached to this Agreement and made a
part hereof.
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S.
SECTION III - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the: CITY shall perform
the following professional and technical services comprisin-, the WORK
and shall be fully responsible for all the professional and technical aspects
thereof. The CITY's revie«• 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" cir like ternis .ar!: used in this
Agrf,,on-icnt, the, phraseology shall in no %ray relicvu the PRINCIPAL from
.tny di.ttics or responsibilities uudcr the ternis of this Ag-,-Qctncnt and from
using the best architectural and engineering services and practices.
The PRINCIPAL shall, in the preparation of. D�-- sign Development Documents,
Co: tra-t Diawings and j7+2clficat ions, and :.n ',Btddin- aad Construction
Co:-►sulta`ion, comply with all Federal, State and Local codes, ordinances
and regulations pertaining to the design and construction of the PROJECT.
At-ten:ion is invited to the Federal Wa c-Hour Law, Wa'_sh-Healy Act, the
Occupational Safety and Health Act, the National Environmental Policy Act
and Equal Employment Opportunity Legislation.
A. SCHEMATIC IDESIGN PHASE (PRELIMINARY DESIGN)
This phase was completed b5, the SCULPTOR and approved by the
City Commission by Resolution No. 80-751, dated October 30, 1930, under
a previous Agreement.
B. DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written authorization
of the CITY MANAGER or his designee, and as directed by the CITY for the
approved and accepted parts of the Schematic Design Phase, the PRINCIPAL,
in close cooperation with the SCULPTOR, the PROJECT MANAGER, and the
TECHNICAL REVIEW COIAMITTEE, shall:
1, Part I
a. Review and update the approved preliminary design in
Conjunction with the SCULPTOR, TECHNICAL 1ZEVIEW
CO1MMITTEE and PRQJL:CT MANAGER.
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b. Prepare a cost estimate broken dov,-n into elements and major
categories.
c. fart I of the Design Development Phase shall be complete v.hen
the TECHNICAL REVIEW CONIMITTEI:.in conjunction ,:it}, the
PROJECT MANAGER accepts the documents and has notified
the PRINCIPAL in writing.
2. Part II
a. Prepare Design Development Documents consisting of plans,
elevations, and six (6) renderings, as mutually agreed upon
by the PRINCIPAL and the CITY, 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, hinds of materials, types of structures and
site improvements, mechanical and electrical systems,
utility locations, and such other work as may be required,
b. Prepare an estimate of PROJECT construction cost broken
down into elements and major categories. It shall be the
obligation of the PRINCIPAL to produce a design which may
be constructed within the CITY's estimated construction cost.
If the estimated construction cost as set forth in Section 1-G
herein, is greater than the CITY's estimated construction
cost the CITY may require the PI,.INCIPAL to revise the
Design Development Docunents. The PRUNCIPAL shall
revise the documents in such a manner as. -to bring the
revised estimate of PROJECT construction cost within the
CITY's estimated construction cost part of the PP.INCIPAL's
basic professional services at no addition in fee to the CITY.
c. Mect with the TECHNICAL REVIEW COMMITTEE during the
preparation of items• a. and 1). , at least three times.
d. Sabniit completed Design Development Documents thereof as
required, to the TECHNICAL REVIEW COMMITTEE through
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the PROJECT MAINAGER for comment and revie«-.
e. The PRINCIPAL shall snake presentations to the City Commission _.
and to others as may be rcquired, for the revicv: and approval
of the Desi-ii Developmctlt DocimictitS.
f. The PRINCIPAL shall revise the D,-�sign Developirient Docunlcnts
and other doctirtients as directed by the City Co lminlssion and the
TECHNICAL- REVIEW CONIMITTEI, through the PROJECT MAiNTAGER.
It is recol;nized that other departments and agencies vAll have
jurisdiction over technical matters which the PRINCIPAL shall
be responsible for conlplying with. It is intended that the
TECHNICAL REVIEW COMMITTEE: play assist the PRINCIPAL
through the PROJECT NtANTAGER in coordinatitlh these matters.
g. 'Elie Design Development Phase sliall be completed when the
CITY approves and accepts the Design Development Documents, -
and the PROJECT MANAGER has notified the PRIi`:CIPAL in
«•citing.
C. CONSTRUCTION DOCUMENT PHASE
It is the intention of the parties to proceed with this Phase of the -
PROJECT as funding becon-ics available, atld upon written authorization from _
the CITY MANAGER. During the Construction Document Phase, upon written
authorization from the CITY MAINTAGER. or his designee, and in accordance
with all the approved and accepted parts of the Design Development Phase,
the PRINCIPAL shall;
1. Prepare all. construction contract drawings- and specifications
and other contract documents for the complete PROJECT. These
documents shall be in conformance with all applicable federal,
state and local laws and codes, and shall include such iten-is as -
the workin , drawings and specifications, adequately setting forth
in detail descriptions. of the construction to be done, and also
the materials, workmanship, finishes and equipillent required
for all landscape arcliite:ctural, architectural, structural,
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:mechanical and electrical, en;-ineerin- construction and site
developtti..;llt, includim, all service -connected ectnipment:
fi:AurLs anti equipment attached to the facility electri-
cally, or structliralk connection costs, planting,
bidding; information, and the special provisions of the Construction
Contract., Did Proposal, and other Gonstrlictiotl Contract Documents.
2. Revise the construction contract drawings and specifications,
and any other written report or document as required, to secure
the CITY's approval thereof.
3. Advise the PROJECT NIANAGER of any -Ldjust11lCntS to previous
estiniates of the PROJECT construction cost «'hick may be
indicated by changes in requiren-lunts, market conditions, material
or other availability factors. In the event that a significant adjust- -
ment is required, the PRINCIPAL shall meet -,with the TECHNICAL
REVIEW CONIMITTEE through the PROJECT VIA\TAGER for review -
of the changes. The PRINCIPAL in conjunction with the PROJECT
NIANAGER. and the TECHNICAL REVIEW COi INUTTEE may make
reasonable adjustments to the PROJECT or include within the
Contract Doculrients alternate bid items to adjust the Construction
Contract to the construction cost.
4. Furnish the PROJECT \MANAGER with a Final Estimate of the ■
PROJECT construction cost based upon the completed working
drawings and specifications, broken down into major categories.
The PRIi\CIPAL's Estimates of PROJECT construction cost
shall be construed as the infornied professional opinion of a
responsible expert in the subject natter, and the CITY will rely
on it as a reasonable approxiination of bids to be received.
5. See that all construction contract plans and specifications bear
the seal of either a Florida registered professional architect,
landscape architect or engineer, and that the naives of professional
responsible for niajur portions of each separate specialty of the
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WORE appear on the construction contract plans and specifications.
In the event that the PROJECT, or any of its portions are not
constructed, the P111INCIPAL shall ensure that that appropriate
aforementioned seals are affixed to all the Contract Driovinus.
6. l,ecause of the CITY's concern for ener;py conservation, it shall
bo fully understood that the PRINCIPAL shall pay particular
attention to designing all of the energy systems required for the
PROJECT %with emphasis toNvards conserving; cnc;rcy.
7. S,ibniit prints of the completed Contract Documents to the PROJECT
MANAGER for a complete and detailed review and approval.
S. Conduct all necessary dry -run checks of the Construction Contract
Drawings, appropriatc,ly scaled, and specifications in connection
with securing the approval of, and obtaining necessary permits
from, all government authorities having jurisdiction over the
PROJECT after the CITY has approved and accepted in -%writing
the Construction Contract Dra%vings, specifications, and other
Contract Documents. By said acceptance, the CITY does not
relieve the PRINCIPAL of any responsibilities.
�. Deliver to the PROJECT NlANAGER. the completed master .et
of construction contract drawings and specifications and other
related parts of the construction contract including the hid
proposal, in such reproducible form as may be specified by
the CITY.
10. The Construction Doculilents Phase shall be considered completed
on the day the CITY accepts from the PRINCIPAL the completed
Construction Docuizients ready for construction bids.
D. BIDDLNG PHASE
It is the intention of both parties to proceed with this Phase of the
PROJECT as funding bec01'I1eS available, and upon written authorization from
the CITY MANAGED. During the Bidding please, upun written authorization
frum the CITY MANAGER ur his designee, and in accordance with the approved
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and accepted pjrtionc of the construction documents, the PRINCIPAL shall:
1. Prepare any addenda witli accompanvin dray.-ings or other
ni[tterial. as requircd, and submit an of cuc it to the
PI\'.OJL•:CT NIANAGI:R for approval aiid sill,naturc after %vhic}1
the Pi�OJEGT MANAGER Nvlll filrnisli a copy for each set of
contract documents prepared.
2. Assemble and furnish the CITY MANAGER or his designee
v.-ith date for publicity releases.
3. Assist the CITY in the evaluation of bids.
4. The Bidding Phase shall be considered completed oil the day
the CITY opens bids for the constrllCti011 of the PROJECT.
E. CONSTRUCTION PHASE
I: is the intention of both parties to proceed v:•ith this Phase of the
PROJECT as funding becomes available, and upon written authorization from
the CITY MANAGER. During the construction phase v;hich shall con-inience
Nvith the award of the Construction Contract, upon %written authorization froin
the CITY MANAGER or his designee, the PRINCIPAL shall:
1. Attend regular site meetings and male periodic visits to the
site to falnialiarize hiniself until the PROJECT is complete
and accepted, -,with the progress and quality of WORK to
determine that the WORK is proceeding; in accordance with
the Contract Documents and subunit his observations to the
CITY in writing within five (5) working days after each visit
and/or meeting.
2. Work with the PROJECT MANAGER, through the Inspector
from the Department of Public Works, with the Contractor
and Sub -contractors on the job, through the Contractor's Job
Superintendent.
3. Assist the CITY
in considering; and evaluating
any
suggestions
or modifications
which might be submitted by
tli e
Contractor
for, the CITY's approval.,
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4. Assist the CITY in matters relating to the interpretatio:l of
the Contract Docimients.
5. Fill•nish ally additional details or 1nLormati0tl v.-hell recliiii•ed
at die job site for proper execution of tlic WORE.
6. Make %written recommendations for the CITY's review, and
concurrence for such things as maturials and cquipnlent,
methods of constrtiction, changes in plans, extra «or1: orders,
and suppleinental agreements; these reviews and concurrence
shall not relieve the: PRINCIPAL of any responsibilities as
specified under the ternis of this Agreement.
7. Check and approve shot, and v:orking dra��ings, samples and
other sulmzissions furnished by the Contractor and retain a
copy of all shop and -working dra«vines, duly approved by t}lu
PRINCIPAL, for permanent CITY records.
S. Review all test reports required by the Contract Documents
and p,•ovidu the CITY with written evaluation of such test
reports.
9. Receive samples v:hich are required to be furnished by the
Contractor, record date received and front whom; esandlie
said sarnplcs and notify the CITY of his approval or rejection.
10. t`kfter 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 sliall have the
right to take possession of, and use any cornplet-ed or partially
completed portion of the PROJECT, notwithstanding the fact
that the tine for completing the entire PROJECT or such
portions may nut have•expired, but suc11 taking possession
and use shall not be deemed an acceptance of any work not
coinpluted, and it shall in no \%,ay relieve the of
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any of leis I• espolls ibilitics under the turn -is of this A44rccinerit.
U. Upotl request by the I'IW,TECT .CIA AGl 1Z, attuncl and report
to the CITY on c'miferencus held at the job site.
13. Assist the CITY in platters rclatim, to the Contractor's schedules
and requests for progress payments.
14. During the course of the WO1Ui, review and approve all. Guarantees,
Certificates, Operation and \Maintenance IManuals, Keying Schedules,
Spare Parts and other items that have been specified in the Contract
Documents. The PRL CIPAL shall have the responsibility for
advisin the CITY of tlic 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 occupan,.y.
15. Furnish the CITY xvithin thirty (39) days after completion of the
Construction Phase of the PROJECT the original reproducible
dray.ings of the Construction Contract Plans, revised to include
all changes or modifications to the design made during the
Construction Phase frolri information provided by the Contractor.
16. At the completion of the construction of the PROJECT, the
PRLNTCIPAL 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.
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17. The Construction Phase shall be completed when the PRINCIPAL
has dulivured the aforesaid certificates, including record dra"vings
etc. , to the CITY; and the City Commission has accepted said
PROJECT, but in no case later than sixty (60) days after delivery
by the PRINCIPAL.
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S"7.CTION IV - CITY'S SERVICES :AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL :ith the follov.-in,, services
and hilormation from cxistim, CITY t•ccords anal CITY files:
The CITY shall provide inlurn-iatiun rucluirc-
nlents for the .PROJECT.
B. The CITY shall furnish a Certified Land Stirvey of the site giving,
as applicable, grades and lilies of streets, alleys, pavements and adjoining;
property; right-of-way, restrictions, casements, utilities, trees, encroach-
nicnts, zoning;, deed restrictions, boutidarics and contours of the site;
locations, diIttensions and data front existing; records on file in the 0epartnielit
of Public Works of the CITY pertainirl" to e:�istin" buildings, other improve-
tnents and trees, and information conccrtiitig; availr_ible service and utility
lines both public and private. The PRINCIPAL shall not be held responsible
for the completeness or accuic a.cy of Public Works' files.
C. If the PROJECT 1\•IANAGER observes or has been notified in
writin- of any fault or defect in the PROJECT or nonconformance -'t•ith 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 dravdrips and specifications; and loan all existim,
and applicable CITY aerial photographs. _
E. The PROJECT MANAGER or his designee shall act as liaison
to the CITY, SCULPTOR, and PRINCIPAL. The PRINCIPAL shall not start —
work nor incur any expenses for any Phase of the WORT. , special conditions
or change orders vAthout- having; received written authorization froin the
CITY MANAGER or his designee to do so. Nothing; contained herein sliall
relieve the PRINCIPAL of any responsibility as provided under this Agreement.
F. The CITY sliall furnish all required testing necessary for the
P1tOJECT including; core buring;s, test pits, structural, mechanical, cllclnlcal,
soil, and mill and laboratory test, and the services of a soils eng;incer.or
uther special consultants \;,hurt deemed necessary by the PR NCIPAL; and
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the PI'!.INCIPAL shall be entitled to rely iipon the accuracy, completeness,
and competence thurcof.
G. The CITY reserves tlic ri;,Ilt to retain the services of a 1)r0f'2ssio11z1l
Quantity Surveyor to prepare ll2tlilud Construction Cost E-stiniuted hased upon
the Design Development Documents and the Construction Docunncrits.
II. The CITY IMANAGER shall appoint a TECHNICAL CONL IMITTE'L
to oversee and review the work of the PRINCIPAL and the SCULPTOR, and
iriake appropriate reconiirnendations to the PROJECT ,MANAGER.
I. The CITY shall be responsible for the deiniolition of all structures
on the PROJECT site including the library and restroom complex. Relocation
of statuary and monuments which inay be displaced by new construction
shall also be the responsibility of the CITY.
SECTIOiv V - COMPEi�SATIOIN FOR SEM"ICES
A. For professional and technical services for the Design Development
Phasc of the PROJECT, as outlined in SECTION Ill hereof, the CITY agrees
to pay, and the PR.IINCIPAL agrees to accept, as a full payment for his
services, the LUNIP SUM FEE OF One Hundred and Thirty Thousand Dollars
($130, 000. )
The LUMP SUN1 FEE v:,ill hereinafter be called the B.aSIC FEE. This payment
will be made monthly in proportion to the services performed, so that the
compensation at the completion of each Part shall equal the follo«zng percentages
and amounts of the total PHASIC FEE:
ACCUNIULATED VALUE
AT THE END OF DESIGN DEVELOPh4ENT PHASE I% FEE_
Part I (40) 40 $ 42,000.
Part II (60) 1 100 65,000.
B. The PRINCIPAL shall invoice separately for payment of costs
associated with spacial consultants and renderings. Each request for payment
shall be accompanied by copies of the, invoices for 'Which the PRINCIPAL is
being rein-ibursed as per SECTION I-F, up :u $ 25, 030. has been allocated
fur this purpose.
Pagc' 14 of 26
9
f
C. -For professional and technical sere:ices for the remainin�c ()-10
of the PROJECT, to include tleu C:oilstruction 1"'icunleret Please, I"iddin"
Phase and Construction Phase of the, PILO.fI G'I, as outlined in SECTION III
hereof, tile: CITY a.:rces to pay and tilt Pk-INCIPAL a'-'e Vs to eccept, as
full payment for leis services, it I.,ulnp Sutll FCC baseet oil 0,14 of the
construction cost to be established Iu[ldlll,,, l,e:e:omcs availahlc for
construction of the PP,,O.IECT cr any of its Clements. The Lump Stull. Fee
will thereafter be called the L3ASIG FEI-;. The pa}'lnc;nts ,,ill llc made
monthly in proportion to the services performud so that compensation at
the completion of each Please shall equal the follovC'l.elg percenta es of the
BASIC FEE, the monetary value for ,v1iic1i shall be establislecd when this
portion of this A-reement is enacted.
11
ACCUMULATED VALUE
AT THE END OF PHASE: `;, FEE
2. Construction llocument Phase (62) 62
3. Bidding Phase (7) 69
4. Construction Phase (31) 100
SECTION VI - SCHEDULE OF WORK
The PRINCIPAL agrees that time is of the essence in the achievement
of the PROJECT, and further agrees to execute the professional and technical
services promptly and diligently, and only upon and in strict conformance "vitll
specific authorization to proceed with the WORK from the CITY MANAGER or
his designee in writing. It is understood and agreed by both parties that the
follo—ring schedule for the WORK .ill be strictly followed by the PRINCIPAL.
A. Design Development Phase
The Design Development Phase shall be delivered to the CITY
MANAGER or his designee within six (6) months of the date of written
authorization fronn the CITY MANAGER or his designee to begin WORK on
this Please.
13. Construction Docurnent.Phase
'i'hc Cullstrlectioll Doculnunt Phase shall be delivered to the CITY
'Par,c 15 of !G
81 949
I
MANAGER or his designee V.-ithin slich time as is establislicd in «-riting,
whc;l funding is obtained. The PItI1CIPAL shall not proceed with WOJRN
o,, this phase of the PROJECT before v.ritten authorization is received
j
i froin the CITY (MANAGER or his designee.
C. I; iddini* Phase
The Bidding Phase is projected to require` suc11 time as is
established when this Phase of the Project is enacted.
D. Construction Phase
Tile Construction Please ,vill cornnlcnce at such tinic
When funclil,g permits the award of the Construction
Contract, and shall be completed v.-hen the PRINCIPAL has delivered to
the CITY Nvritten certification that the PROJECT has been constructed in
accordance with CITY approved change orders, and shall furnish such other
written certificates as may be required by law and regulations applicable to
the PROJECT, including record drav:ings, and the City Commission has
accepted the PROJECT by Resolution, but in no case later than sixty (60,r
days after delivery by the PiUI CIPAL.
E. Extension of Time
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 e:, tension of time for
completion of the WORK. it shall be the responsibility of the PRINCIPAL
to notify the PROJECT Iv1AN�1,GER promptly in writing whenever a delay
in approval by a governmental agency is anticipated or 'experienced, and
to inform the CITY of all facts and dotails related to the delay.
SECTION VII - ADDITIONAL WORK AUTlIORIZED BY THE CITY
A. The CITY reserves the riglit to authorize the PRll\TCIPAL to
provide additional services for the PROJECT, if found necessary by the
CITY.
•page 16 of 26
I
D. The CITY reserves the rilght to increase the scope and amount
of the ccIlstruction contract by dit•ectl}• allthori.:irl; the Contractor to do
extra or additional Nvork v.itiluut the to furnish
professional or tecflllic;ll ser,:icos. III this case, the cost of this extra
or additional work. vAll nut be considurcd as part of the final cost of the
PROJECT. The PRNCIPAL shall not Inc li.al,lc for ;Lily adclitiOnal ,,,orl: or
conditions resulting from additional «-ork pc:rfornled by the Contractor in the
event that the CITY directly authorizes the Contractor to do the additional
work «it]lout regttirin!" the PIUNcIPAL to furnish professional or technical
services.
SUCTION VIII - TM.\_II7\IATIO.N OF AGREI��iENT
The CITY retains the ri,,ht to tcrininate this A',,rec:nicnt at any time
prior to conlpl.etion of the WORE «-ithout penalty to the CITY. In that
event, termination of this j ,recnlent shall be in writing to the PRINCIPAL
and the PRINCIPAL shall be paid for his services rendered in each complete
PHASE prior to termination in accordance with SECTION' V - C01MPE\5'A TION
FOR SERVICES, provided howcver that the PRINCIPj% L is not in default under
the terms of this A;;reenlent. If, ho%vever, the termination of this _.zreement
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 PIIASE provided that the
PRINCIPAL is not in default under the terms of this Agreenlent. 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 terizlination, all duculnents, plans, etc. , as set forth
in SECTION XI - O`YNERSIIIP OF DOCUA-TENTS shall becolllc the property of
the CITY, \ ith the same provisions of use as set forth in said SECTION XI.
SECTION IX - PRI:\ICIPAI_.'S SPECIALIST
The pRLNCIPAL proposes to have thu follo�vi►1 ; specialists, cither
C,
from his organization or as his spt:cial consultants and associates, to perform
services during; various phases of the Ph.OJFCT. The 131UNCIPAL shall
infornl the CI'i'I' of thew; persons arld their alialifications prior to contractim,
for services related to SEGTLUN I-F.
The PRENCIPAL will be respon:sible for all the IV -ORE of his O"vil
organization, and of his special consultants and associates. lNothinh contained
in this A-reenlent shall create any contractual relation between any of the
specialists working for the PRIINTCIPAL and the CITY. It shall be under-
stood that the PRINCIPAL is in no way relieved of any responsibility under
the terms of this Agreement by virtue of any other professional vvho nlay
associate Nvith hire in performin,1,; the WORK.
SECTION' X - ADDITIONAL PROFESSIONAL RI:;SPONSIFILITIES
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. Any revisions suggested by the CITY that are «zthin the scope
of the WORK before the Design DCvelopment Doculllent5. and O11t1111C Specifi-
cations are appruvecl by the CITY.
B. Revise the Construction Duculilents including the 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 PROTECT,
if the amount of the lowest acceptable hid received by the CITY for the
construction of the PROJECT is ten percent (10`',) or more in excess of
the final amount budgeted or appruvecl for the cost of the construction contract
Pale 1S of.'i,
1
of the PROJECT.
SCCTION XI - Off' NNI`,1�S1III' OF
A11 tracin: s, plans, clra�tin�s, spy cifi�:alions, field books, survey
information,i11apS, CUlltl'1Cl C1UC U121Ct1t5, rCpU l't,y' a1id other data developed as ;
a result of this ,,grecinent shall becollic the property of the CITY v.zthout
restriction or limitation oil their use. The P1ZI\CIPAI., Shall not he liable
for possible dallla-es resulting front the CITY's ltse of the Contract Docuniellts
Oil any other project. It is furt}lcr stipulated that all information developed
as part of the PROJECT shall. not be used by the PRINCIPAL " ithout <:•rittcn
conscilt of the CITY.
It is f urther understood by and between the parties that any irlfol'lliation,
lilaps, contract doculllellts, reports, tracings, plans, draNviligs, speciflcatlens,
atsoever «•ilicll is riven by the CITY to the
books or ail} other I11attCr
PPIL\CIPAL parsuant 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 \C'ltllout the written consent of the CITY.
It is further understood that no press release or publicity is to be
issued by the PI'\.L1NCIP1.L v.ithout prior submittal to the CITY and %written
approval f rorn the CITY.
SECTION XII - K ARD OF AGI.ZEENIENT
The PRINCIPAL warrants that he has not employed or retained ally
company or persons to solicit or secure this Agreement, that he has not
paid or agreed to pay any company or personally fee, co2nl11ission, percenta c,
l)rokerage fee, or lifts or any other considerations c011t111f;Cllt upon or
resulting from the a%vard or niaking of this Agreerneilt.,
The PRINCIPAL also warrants that to the best of his knowledoe and
belief no Commissioner, Mayor or other officer or employee of the CITY is
- interested directly or indirectly in the profits or eniolulnents of this r:� reen1e11t
or the job, wort;, or scrvic(_':5 fur the CITY in cullncctioll %%itli the contract or
construction of this PROJECT.
The 1-11UNCIPAL shall not en�a,-,e d-irin,; the period of this Ag;reeznent
the services of an,; professional or technical pers�)n v.-ho has been at any tin -le
darilw, the period of this A,rucrllc:nt ill tllc' clrrploy of the CITY. This does
not apply to retired enrployces >f the CIT'i .
The PRINCIPAL is aware of tine conflict of interest IcL%vs of both
the CITY of 'Mialli and ihldu County, h'luricia, and alrues that he Shull fully
corrrply in all respects «vith the terms of said lav:s.
SL:CTION XIII - E1'%, �:T OF' AGREL NIENT
This Agreement represents the entire and inwgrated Agreement
between the CITY and the PI:IL\CIPAL and superscdus all prior nelgotiations,
representations or Agr ecn-lcrrts, either -%%ritten or oral. This Agrecrileut may
be amended only by v.ritten irrstrL,,lnent by built the CITY and the PRINCIPAL.
SECTIO'N' XIS' - SUCCESSORS AND ASSIGNS
The PRL,,CIPAL sliall malkc no assignnnunts or transfer of this
.Ag;rcement, or sublet, assign or transfer any part of the WORK under this
Abreernent without the 1,1:ritten consent of the CITY. This Agreement shall
be binding upon the parties hereto, tlicir heirs, executors, legal representative,
successors and assigns.
SE CTIO'Z XV - TRUTH IN 1NFG0TL^.TIO1'S
The PRr\'CIPAL licreby certifies that wage rates and other factual
unit costs supporting the compensation are accurate, cornplete 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 increaseddue to inadcurate, incornplete
or non -current wage rate and other factual unit cast. Such adi-Lis trnents
must be made within one year following; the end of the Contract.
SLCTIOid XVI - R.IGHT TO AUDIT
The CITY reserves the right to audit the records of the PRINCIPAL
any time during; the prosecution of tlris Al"re:ciliclit and for a period of one
year after final payment is made under this Ag!.reernellt.
L
Pag a 20 of 26
Notwithstandin_l any other provision of this At-,reernent, in no event
shall the paynient of the LUMP SUM FI:1; undc;r S;:,C I'ION V herein, enable
the PRINNCIPAL to earn a profit of nhoru thacl I W E"'I'I'Y PF.1tC(:I\"I of
the LUMP SUM FL:I;. At thu, tihhi: the fin at incrcniciht u': that LUMP SUM
FEE is dn;: to bL� maid by the CITY to the 11RI1 CIPhL., Ir.trsuallt to the
terms of SECTION V lhereiih, the PRINCIPAL, shall submit to the CITY a
cc rtification of his total costs incurre.a and profits rcalized in providing
the basic services as outlined in SECTION III herein. If such certification
indicates profits in elcess of the nla%imunl set forth above, the PRINCIPAL
shall simultaneously remit any overage to the CITi. 'Elie CITY reserves
the right to audit the books and records of the 1'RINCIPAI and to adjust -
the ariuunt of any such repayment in the light of said audit. In calculating
the total costs incurred by the P1"'INCIPAL's own staff, the PRLNCIPAL
shall use a percentage overhead applied to the DIRECT TECHINICAL SALARY
EXPENSE as defined in SECTION II herein. The percentage overhead shall
be equal to the actual perccilta_,e overhead pertaining for all the PRINCIPAL's
wort: in the last welve (12) month period precedin` the date of this Contract -
for which data is available. All services provided by sub -contractors to the
PRINNCIPAL shall be included at the actual cost paid by the PMNI CIPAL and
the percentage overhead shall not apply.
SECTION XVII - INSUR.ANICE AND INDEMNIFICATION'
The PRINCIPAL shall not commence work oil this Contract until lie
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 liarnlless front
any and all claims, liability, losses and causes of actidn arising out of error,
omission or negligent act of tlhe PRINCIPAL, its agents, servants or employees
in the performance of services under this Agreement.
The PRINCIPAL sliall pay all claims and losses of any nature vdiatsoever
in connection theruwitli and shall defend all suits in the name of the CITY
v,hrhl :applicablu, and shr,11 pay all costs and judgments which niay issue thereon.
I'a;;c Z 1 of "'l,
I
il
81 - 949
The PRL`CIPAL shall maintain during the term of this Agreement the
L jllO',%'ills', insuraticl::
A. Liability cc>%-era(-,e in a coniprehensive form for roveral�'es for not
less than �300, 000. for bodily inhir.y and property daniaCgc.
B. AutonlobilC Liability- Insurance covering all owned, non-ov.-tied, anct
hired vehicle in anluunts not less than $100, 000. per purson and '�1300, 000.
per accident.
C. Professional Liability Insurance in a I1lillilllllIn amount of $1, 000, 000. 00
covering all liability arising out of the terms of this Agrcenlent.
D. Workman's Compensation Insurance in the statutory amounts. The
insurance coveraL;c required shall include those classifications as listed in
standard liability insurance InaIluals, which most Ilearly reflect the operations
of the PRLiCIPAL.
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 Property Manager of the CITY.
The PRINCIPAL shall furnish certificates of insurance to the CITY
prior to the cornmencernent of operations, -,which certificates shall clearly
indicate that the Pit- NCIPAL has obtained insurance in the type, amount
and classification as required for strict compliance \with this Section and
that no material change or cancellation of the insurance shall be effective
without ninety (90) days written notice to the CITY.
Compliance with the foregoing requirements shall not relieve the
PIUNCIPAL of his liability and obligations under this Section or under any
portion of this Agreement.
SECTION XVIII - RIGHT TO DECISIONS
The Technical Revie%�,r Committee shall oversee the PROJECT, review
and make recornnlcndations to the PROJECT \ ANTAGER who shall decide
ell questions, difficulties and disputes of %%hatever nature which 111i1y arise
under or by reason of this Agreument, the prosecution and fulfillnlelit of
the SUI- ice6 herl.'illlde:l-, and the charactUr, quality, i1r110111t and value
Pa"U 22 of 16
thereof, and the PROJECT MA`AGER's ducisions upon all claims, questions
of f act and disputes :shall be final, conclusivc and bindim1, upon the parties
hereto, IIrttcss such deter,"itlati,111 is cluarly arbitrary ut' us:re,ts�nable. In
tllr. event that the I'Rts:CII':'�L, duus not cutictu' «itlt tltu jsld,-,rn(nit of Lhe PiLOJECT
MANAGLIt as to ttly (jecision made by him, the I'ItINCll'AL shall present his
writteIl objections to the CITY MANAGLR and the PROJECT (MANAGER, acid
the P1.INCIPjIL shall abide by the decision of the CITY MANAGLit. Adjustment
of compensation and contract tittle because of changes in the WORK that may
be necessary or be deenled desirable as the work progresses, shall be
revie\\,ed by the PROJECT NMANAGER and the CITY NLANAGER and sublllitted
to the City Co111111is:sion for ;approval.
SECTION .`11X - NON`- DISCRh�IINr1TION
A. The PRINCIPAL v ill not discrilllinatc against any einploycc or
applicant for eniployrlier.t because of age, race, color, religion, handicap,
sex or national origin. The PRINCIPAL «ill take affirmative action to ensure
that applicants are employed, and the employees are treated during enlployrllent,
without regard to their age, race, color, religion, handicap, sex or national
origiI1. Such action shall include, but not limited to, the following: Employment,
UpLJ'ra�llIlf',, ricl-notioIl or trarsft'r: I'CCI'111tZ11ellt of rC:Cl'U1tI1-icnt advertising;
LEM layoff or termination; rates of pay or other forms of coinpensation; and
selection for training, including apprenticeship. The PRINCIPAL agrees to
place 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 Oppurtunity Clause-
B. The PRINCIPAL will., in all solicitations or advertisements for
employees placed by or on behalf of the PRINCIPAL, state that all qualified
appliCatlOtls will receive: consideration for eIllployl11e111 �ti'1t11UUt rc�;ard to
race, color, ru11r,2Un, handicap, sc-: or national urigin.
C. The PR.D:CIPAL will send to eac11 lab()r union or representative
of v"Orkers v:lth ""'hlch he hzts collective bargainin,; al;I•eeIllent or othor
lly, a notice, to be proviciccl }ly the ttt;ulcy PC:I•Sptltlel
cuntr;Lct ur unclurst<ttldi
Page .'-3 of : o
I
81-949
r
Officer, advising the labor union or workers' representative of the Contractor's
coniniitnients ondcr Luis l.qual Upl)ortunity Clauscf, :.:nci sliall 1)osL copies of
the notice in conspicuous pia.ces available to c lnpio"""es alid etpplic tilts f'-jr
employment.
D. The PRINCIPAL -,vill comply with all provisions of E:;c;cuti.vc Ordur
No. 11246, as amended by L:xccittivc Ordcr No. 11375 of Uctober 13, 1`1E;7,
and of the rules, regulations, and relevant order.; of the Secretary of Labor.
E. The PRINCIPAL «i11 furnish all inforination and reports required
by Executive Order No. 11246 of September 1 , 1965, as amended by
Executive Order No. 11375 of October 13, 1967, and by the rules, regulations
or order of the Secretary of Labor, or as other%vise provided by lava.
F. In the event of the PRI'CIPAL's nonconipliance with the Equal
Opportunity clause of this conti act or with any of the said rules, rcgudations
or orders, this contract may be cancelled, terminated or suspended, in
whole or in part and the PRINCIPAL may bu 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, rc-ulation, or order of the Secretary of
Labor, or as otherwise provided by law.
G. The PRINCIPAL will include the provisions of XIX A throu�oh XIX G
in every sub -contract or purchase order unless exempted by rules, re-ulations
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 sucli provisions will be binding
upon each sub -contractor or vendor. The PRINCIPAL will take such action
with respect to any sub -contractor or purchase order as the contracting
agency may direct as a means of enforcing sucli provisions, including
sanctions for noncompliance: Provided, however, that in the went the
PRINCIPAL becomes involved in, or is threatened with, litigation witli a
sub -contractor or vundur as a result of sucli direction by the contracting
11
arClIcy, the PRINCIPAL may request the CITY to enter into such litigation
Pale 24 of .'-6
•
to protect the interest of the CITY.
SECTION COL\'SL'L,.FANTS
The PRINCIPAL ,vas selected as part of it team of firl"s to provide
Landscape Architectural, :lrcliitcctural, and Enginccrin�4 services for
the PROJECT. Those team members to act as Consultants to the
PRINCIPAL are:
Firm Primary hole in Project
David Volkert & Associates, Inc. Engineering
Consultin Engineers
Pancoast Albaisa !Irchitecture
Architects
De Garra ;a & Donnell, Inc. En-ineerin
Consultim, I:n-ineers
Seymour, Henderson, Rosenberg Landscape Architecture
and Scully, Joint Venture .
The PRINCIPAL shall furnish the CITY -with a copy of each of the'
subcontract agreelrients.
The PRINCIPAL shall not exclude any of the above mentioned
subconsultants or subcontract for other consulting services v.-ithout prior
written approval of the CITY.
SECTION XXI - CONSTRUCTION OF AGREE11\1ENT
The parties hereto agree that this Agreement shall be construed
and enforced according to the laNvs, statutes and case la-w of the State
of Florida.
II' WITNESS WHEREOF, the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and year
first above set forth.
Page 2ti of 2G
y
81 - 949
ATTEST: C;01SUl-T.AL:T
.ATTEST: CITY OF MIAMI (a rminicipal corporation
of the State of Florida)
City Cl.crk City Manager
APPROVIED AS TO CONTENT APPROVED AS TO F OR.M AND CORRECT F.SS
Director, Department of Parks City Attorney
S.
Page Z6 of 26
LAW
U
EXHIBIT C
1'a�,e 1 of 3
L'AYFRONT 1't�Rli RI:llF.�"ELOI'�.lEi�"I' 1'l;O,tECT
CONSULTANT 1)1-,SIC'17\, PROGU.AM
GL•:tiI:RA1, 1t.I-"C,UIII1 \IE—NTS
1. Coordinate all dcsign development activities with the
Sculptor, "whose services the C,it}' Intuilds to erlgagc
under a separate agreellient actin.,, as sole artistic
interpreter of the design.
Z. Coordinate all design development activities \witli
agencies havinc jurisdiction and/or a relationship
to B�Lyfront Park such as:
- Bay,,valk/Corps of En -inters
- Miami Center Develuplricnt- architects
- Dowlitown Component of \Ictrorail, station design
and interface, \-letro-Dade OTA %with DDA
- Developer who may be selected by City to re -develop
Miamarina paved site, possibl\' includinL, Bayfront
Audito riunl
- \oguclii Fountain Plaza, Inc. , which is responsible
for constri. ction drawings for Chopin Plaza fountain
and the Sea Fountain
- Play Area designer
3. r',ccomplish a cost- effective design \within the estimated
construction budget of $7, 000, 000. 00.
4. Develop a program of activities which call occur
simultaneously throughout the Park, with no interference
aniong them.
B. DESIGN GUIDELLNES
1. Provide views to Biscayne Bay.
Z. Provide access to all elements of the Park. for the elderly,
disabled and handicapped.
3. Consider safety and security of Park users in all design
elements.
4. Provide for an integrated circulation system throughout the
Park: to accomniodate pedestrians, service and cliiergcncy
vehicles. Service and emergency vehicle access shall be
unobtrusive. Automobile parking will be prohibited.
5. Retain as much of the existing plant material as possible
and consider maximum use of native and localized plant
material to create a sub -tropical unvlronIrient.
G. Develop distinctiv,3 major entrances as -,yell as secondary
entrances that relate to the external environment and the
internal elements of the Park.
10/�S/bl
N
81 - 949
f
BAYFI:.ONT PAI-',I-; REDEVELOPME 1 T P1RO,IECT
CONSi1L1'A1N'T DESIGN PPIOGI AINII
7. Select appr()priatu materials that are diirablu and easily
maintained.
8. Coordinate the selection of such items as signagc, graphics,
pare: furniture, fixtures and lightin-- Develop a collusive
systelll for theil' placeillent and use.
0. Develop a•balanced relationship bet,,veen paved and planted
areas, taking into consideration the active and passive
elelllellts of the I'ark.
10. Provide for seating -,vithin or adjacent to i)otll active and
passive areas of the hark.
11. oes.ign all Park strictures to have a low silhouette form.
C. PROGR.AIM
1. Site Work.
- review existing conditions
- provide for adequate paving, grading.;, drainage and utilities
2. Landscaping
- review and analyze existing plant material
- develop a landscape plan which will utilize e_�;isting plant
iaterials to the greatest extent possible, while incorporating
new, indigenous planting materials
- examine Rock Garden and make recommendations as to
refurbishment and/or redevelopment
3. amphitheatre
- provide seating for 2, 000 to 4, 000 people with consideration _
given to overflow seating
- provide for good sight lines
- consider the use of portable, rentable seat backs, and
make recommendations for provision -
- provide for good performance acoustics
- consider spectator and perforn-iance covQriilg and make
recommendations for provision _
- develop a multi -purpose stage area
- consider sound and light equipment and their installation
and make recommendations for their provision
- consider establishing a temporary or permanent sating
system and make recommendations
- consider facilities such as dressing rooms, storage,
and deliveries, and make recommendation for provision
within the Project site
- provide for views front Flagler Street and to Biscayne Bay
for spectators and passers-by _
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Page 3 of 3
BAYFR.OiNT PARK RI. DT.VELOP\II;NT PRO.II:CT
CONSULTANT DEISIGN PI:.OGRA`i
4. Visitors 1'la::a/ILt'st ;Ilrant/D. C. M. /Snpl�ul't facilities
- provide all outdoor/indour restaurant v:ith a
IiiiIIiIIIIIIII scatin:; capacity of '()O
- provide a visitor/tourist inforinaticln cuntcr
- provide a hark man,-wenient off.icc: anci equipment
.;tura;,u �pacc
provide for t11e sale of ticl:r.t:I fur activities rulated
and unrelated the "park"
- providc for public tcluplloncs
- provide for public restroonis
- provide support facilities for the arIIpIIithCtltrC
5. Consider• and niakc recommendations for provision of the
North 13er'In
6. Choplll FOUI1talI1 Plaza
- coor( irate plaza design v.-ith fountain
- provide for utilities and cquipincnt
7. Sca Fountain Plaza
- coordinate plaza cl .sign with fountain
- provide for utilities and equipment
S. Special Items
- design for the placement of porta bic toilets for special
events \`.-ithin the Park
- consider relocation of statues and nionurlicnts and
make reconnnendations for inclusion or exclusion
- relate design and function to "Mianii Commons"
area to allo-,v for a smooth transition
Notc: Those items for which recommendations are requested
may or may not become part of the Park Development.
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