HomeMy WebLinkAboutR-81-0807RESOLUTION NO. 8 1- 8 0 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, WHICH HAS BEEN NEGOTIATED
WITH RUSSELL, MARTINEZ & HOLT ARCHITECTS, INC.,
FOR FEASIBILITY AND CONCEPTUAL DESIGN STUDIES
IN THE MIAMI DESIGN PLAZA, BOUNDED ON THE EAST
BY BISCAYNE BOULEVARD, ON THE WEST BY NW 1ST
AVENUE, ON THE NORTH BY 42ND STREET AND ON THE
SOUTH BY 36TH STREET; USING PREVIOUSLY ALLO-
CATED FUNDS IN THE AMOUNT OF $24,000 FROM THE
PARKING CAPITAL PROJECTS FUND TO COVER THE COST
OF SAID WORK.
WHEREAS, the City Commission by Resolution No. 81-731,
dated July 23, 1981, approved the selection by the City
Manager of Russell, Martinez & Holt Architects, Inc., to
provide architectural/engineering services for feasibility
and conceptual design studies in the Miami Design Plaza,
bounded on the East by Biscayne Boulevard, on the West by
NW 1st Avenue, on the North by 42nd Street and on the South
by 36th Street; and
WHEREAS, the City Commission, by said Resolution No.
81-731, authorized the City Manager to negotiate the herein
agreement with said firm and requested that said negotiated
agreement be presented for formal ratification and approval
which is found to be warranted;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, in substantially the form attached
hereto, which has been negotiated with Russell, Martinez &
Holt Architects, Inc., for feasibility and conceptual design
studies in the Miami Design Plaza, bounded on the East by
Biscayne Boulevard, on the West by NW 1st Avenue, on the
North by 42nd Street and on the South by 36th Streety ;
using previously allocated funds in the amount of $24,000
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1/ The original proposed area in Resolution No. 81-731,
7/23/81, was an area bounded bounded by NE 41st Street,
NE 36th Street, Biscayne Boulevard and North Miami
Avenue.
CITY COMMISSION
MEETING OF
SEP2 41981
i s
RMOt1MN N0....................�.
RUNK. �.....................
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from the Parking Capital Projects Fund to cover the cost of
said work.
PASSED AND ADOPTED this 24 day of September , 1981.
MAURICE A. FERRF
M A Y 0 R
ATTEST:
RALP G. ONGIE
ITY CLERK
PREPARED AND APPROVED BY:
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ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG F. KNOX, JR.
CITY UTTORNEY \
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81-807
A G R E E M E N T
THIS AGREEMENT made this tenth day of September, 1981, A.D.,
by and between THE CITY OF MIAMI, a Municipal Corporation of the
State of Florida, hereinafter called CITY, and RUSSELL, MARTINEZ &
HOLT, ARCHITECTS, INC., hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to determine the feasibility of
constructing multi -level public parking structures in the Miami Design
Plaza, bounded by Biscayne Boulevard, North 36 Street, NW 1 Avenue
and North 42 Street, Miami, Florida, hereinafter called the PROJECT; and
WHEREAS, the CITY has programmed $30,000 to finance the cost
of undertaking the feasibility and conceptual design studies of
the PROJECT; and
WHEREAS, the CITY desires to engage an architectural/
engineering firm to render the necessary professional and technical
services, hereinafter called WORK, for the planning, design and
construction consultation of the PROJECT, upon the terms, conditions
and provisions hereinafter set forth; and
WHEREAS, the Commission of the City of Miami has by
Resolution No. 81-731, dated July 23, 1981, approved the selection
by the CITY MANAGER of RUSSELL, MARTINEZ & HOLT ARCHITECTS, INC.,
as the most qualified firm to provide professional architectural/
engineering services for the PROJECT and has also authorized the
CITY MANAGER to negotiate an Agreement with said firm for the
professional and technical services required for the PROJECT;
NOW, THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one unto
the other as follows:
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SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the project
schedule requirements and will therefore proceed with all diligence
to carry out the WORK to meet such requirements. The PRINCIPAL shall
proceed with all applicable dispatch in a sound, economical, efficient
and professional manner to complete the WORK under this Agreement.
D. 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 $30,000 for the
total cost of the PROJECT, as follows:
1. LUMP SUM FEE for the selected architectural/
engineering firm.
2. Surveys, soils investigations and related expenses.
3. Administration, reproduction and related expenses.
D. 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, thereof,
the LUMP SUM FEE of TWENTY-FOUR THOUSAND AND N0/100 DOLLARS ($24,000.00).
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, Department
of Off -Street Parking.
D. PRINCIPAL - is hereby defined as RUSSELL, MARTINEZ &
HOLT, ARCHITECTS, INC., 1800 Coral Way, Suite 204, Miami,
Florida 33145, (305) 856-4941.
E. PROJECT - is hereby defined as the Miami Design Plaza.
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. 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.
H. PROJECT MANAGER - is hereby defined as the Manager of the
PROJECT for the CITY.
I. 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 (Principals, Architects, Engineers, Planners,
Designers, Draftsmen, Specifications Writers and Technicians)
engaged directly on the PROJECT. The DIRECT TECHNICAL
SALARY EXPENSE charged against the PROJECT for any
personnel, including PRINCIPALS shall not exceed TWENTY-
FIVE AND N01100 DOLLARS ($25.00) per hour, plus payroll
burden which is not to exceed Twenty percent (20%).
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 the 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 is used in this Agreement, the phraseology shall in no way
relieve the PRINCIPAL.from any duties or responsibilities under the
terms of this Agreement and from using the best architectural and
engineering services and practices.
The PRINCIPAL shall, in undertaking the WORK under this
Agreement, 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, The Occupational Safety and Health Act, The National
Environmental Policy Act and Equal Employment Opportunity Legislation.
81-807
A. DATA COLLECTION AND ANALYSIS
The PRINCIPAL shall collect data relating to parking in
the Miami Design Plaza in sufficient depth and detail for analysis
in preparing a feasibility report on whether the City should undertake
the construction of one or more multi -story public parking facilities
in that location. The PRINCIPAL shall use to the maximum extent
R possible existing information and reports collected and prepared by
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I the several departments in the CITY, as well as documents prepared
by such other agencies as Metropolitan Dade County, the State of
Florida and the Off -Street Parking Authority. The PRINCIPAL shall
also collect original field data as required for the WORK under
this Agreement.
In general, the field data and existing data to be analyzed
shall consist of statistical and descriptive information relating to
parking inventory, occupancy demand and characteristics, and impact
on the study area by reason of possible changes in 11 public and
private parking development, 2) roadway system, 3) transit system,
4) land use and employment shifts and 5) financing methods.
Upon tabulation of data, the PRINCIPAL shall proceed with
analysing the data for the purposes of estimating parking demand for
the next twenty (20) years for each of the alternative sites to be
designated by the City within the PROJECT and of evaluating the
feasibility of constructing multi -story public parking facilities
on the alternative sites.
B. FEASIBILITY REPORT
The PRINCIPAL shall prepare a feasibility report based
on his findings and analyses whose contents shall cover the
following items:
1. Purpose and scope
2. Methodology
3. Existing Conditions
4. Estimated change of conditions
5. Relationship of Public Transportation
6. Description of Proposed Development
7. Proposed Construction Schedule
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8. Estimated Development Costs
9. Method of Financing =
10. Estimated Parking Demand
11. Recommended Fee Schedule
12. Estimated Gross Revenue
13. Estimated Maintenance and Operation Expense
14. Estimated Financial Performance
15.. Proforma Estimates
16. Conclusions and Recommendations
The PRINCIPAL shall prepare a preliminary and final draft of
the feasibility report for the CITY'S review and comments. After
the CITY has reviewed and commented upon the final draft version,
the PRINCIPAL shall complete and submit the feasibility report in
finished form to the CITY, ready for printing.
During the course of the WORK, the PRINCIPAL shall act as his
own representative to the CITY in all matters pertaining to the PROJECT.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following services
and information from existing CITY records and CITY files:
A. The CITY shall provide information regarding its known
requirements for the PROJECT.
B. The CITY shall furnish a survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property; right of way, restrictions, easements, encroachments,
' zoning, deed restrictions, boundaries and contours of the site;
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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; information concerning available service -
and utility lines both public and private; and loan existing and
applicable CITY aerial photographs.
C. The CITY shall assist the PRINCIPAL in contacting other
agencies for the purpose of securing such existing documents as
may be available from them and in setting meetings relating to WORK
under this Agreement.
D. The CITY shall do all reproduction and binding of the
finished version of the feasibility report.
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E. The CITY shall appoint a PROJECT MANAGER to act as
liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK, special
conditions or change orders without having received written
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 cooperate fully with the PRINCIPAL in
rendering timely decisions.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the WORK under
this Agreement, as outlined in SECTION III hereof, the CITY agrees
to pay, and the PRINCIPAL agrees to accept, as a full payment for
his services the LUMP SUM FEE of TWENTY-FOUR THOUSAND AND NO/100
DOLLARS ($24,000.00) which FEE 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 element
of the WORK shall equal the following percentages and amounts of the
total BASIC FEE:
ELEMENT OF WORK ACCUMULATED VALUE
A. Data Collection and Analysis
1. Data Collection 20.0 4,800
2. Analysis 44.0 10,600
B. Feasibility Report
1. Feasibility 79.0 19,000
2. Preliminary Report 91.0 21,900
3. Final Report - 100.0 24,000
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 with specific authorization
from the CITY MANAGER in writing. It is understood and agreed by
both parties that reasonable times to complete the Preliminary Report
is one hundred twenty (120) days and acceptance of the Final Report
for financing is approximately one (1) year.
Now
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
The CITY reserves the right to authorize the PRINCIPAL to
provide additional services, if found necessary by the CITY, in which
case the fees for these services will be on a negotiated basis.
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 Element of WORK priof to
termination in accordance with SECTION V - COMPENSATION FOR SERVICE,
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 Element of WORK, then the PRINCIPAL shall
be paid at the rate of two and one-half C2;j times Direct Technical
Salary Expense for those services rendered in such incomplete Element
of WORK 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 Element of WORK than
would have been paid had the termination been made at the completion
of this Element of WORK.
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. Parking Design Specialists: Joseph F. Rice, P.E.
1800 Coral Way, Suite 204
Miami, Florida 33145
(305) 854-8405
B. Financial Specialists:
First Research Consultants
First Research Building
3044 SW 28 Lane
Miami, Florida 33133
(305) 444-8211
81-807
The PRINCIPAL will be responsible for all the WORK of his
own organization, and of his consultants or associates. Nothing
contained in this Agreement shall create any contractual relation
between any of the specialists working for the 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 him in
performing the WORK.
SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the PRINCIPAL
shall not be considered extra services but on the contrary shall be
considered part of the WORK of the PRINCIPAL.
A. Revise the final draft and finished version of the
feasibility report to reflect the comments of the CITY on the
preliminary and final draft versions, respectively.
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. 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, tracing, 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 releases or publicity
is to be issued by the PRINCIPAL without prior submittal to the CITY
and written approval from the CITY.
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or retained
any company or persons to solicit or secure this Agreement, that
he has not paid or agreed to pay any company or person any fee, "<
commission, percentage, brokerage fee, or gifts or any other
considerations contingent upon or resulting from the award or
making of this Agreement.
The PRINCIPAL also warrants that to the best of his knowledge
and belief no Commissioner, Mayor or other officer or employee of
the CITY is interested directly or indirectly in the profits or
emoluments of this Agreement or the job, work, or services for the
CITY in connection with the contract or construction of this PROJECT.
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 law of both
the City of Miami and Dade County, Florida, and agrees that he shall
fully comply in all respects with the terms of said laws.
SECTION XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement
between the CITY and the PRINCIPAL and supercedes all prior
negotiations, representations or Agreements, either written or oral.
This Agreement may be amended only by written instrument by both
the CITY and the PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
Agreement, or sublet, assign or transfer any part of the WORD under
this Agreement without the written consent of the CITY. This
Agreement shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors and assigns.
SECTION XV - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other
faetural unit costs supporting the compensation are accurate,
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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 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.
Notwithstanding any other provisions 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 (20%)
PERCENT of the LUMP SUM FEE. At the time of the final increment
of that LUMP SUM FEE is due to be paid by the CITY to the PRINCIPAL
pursuant to the terms of SECTION V herein, the PRINCIPAL shall
submit to the CITY a certification of his total costs incurred and
profits realized in providing the basic services as outlined in
SECTION III herein. If such certifications indicates profits in
excess of the maximum set forth above, the PRINCIPAL shall
simultaneously remit any overage to the CITY. The CITY reserves
the right to audit the books and records of the PRINCIPAL and to
adjust the amount of any such repayment in the light of said audit.
In calculating the total costs incurred by the PRINCIPAL'S own staff,
the PRINCIPAL shall use a percentage overhead applied to the DIRECT
TECHNICAL SALARY EXPENSE as defined in SECTION II herein. The
percentage overhead shall be equal to the actual percentage overhead
pertaining for all of the PRINCIPALS 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.
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SECTION XVII - INSURANCE AND INDEM14IFICATION
The PRINCIPAL shall provide insurance as required in paragraphs =
A, B, D and E hereinbelow prior to commencing work in this Contract.
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 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 maintain during the terms of this Agreement
the following insurance:
A. Public Liability'Insurance in amounts not less than
$100,000 per person and $300,000 per accident for bodily injury and
$50,000 per accident for property damage.
B. Automobile Liability Insurance covering all owned, nonowned,
and hire vehicle in amounts as indicated in Paragraph "A" above.
C. Professional Liability Insurance in a minimum amount of
$300,000.00 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 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 Property Manager of the CITY. -
The PRINCIPAL shall furnish certificate 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 the insurance shall be effective without the
thirty (30) days written notice to the CITY.
81 -807
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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 questions,
difficulties and disputes of whatever nature which may arise under
or by reason of this Agreement, the prosecution and fulfillment of
the services hereunder, and the character, quality, amount, and
value thereof, and the PROJECT MANAGER'S decisions upon all claims,
questions of fact, and disputes shall be final, conclusive and binding,
upon the parties hereto, unless such determination is clearly
arbitrary or unreasonable. In the event that the PRINCIPAL does not
concur in the judgement of the PROJECT MANAGER as to any decision
made by him, the PRINCIPAL shall present his written objections to
the CITY MANAGER; and the PROJECT MANAGER 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 might 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 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.
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II. Tl1C P I-' INCT P.:%Z, •.•rill, to al l ;(-)I
advertiser;,ent; rar. ,,ripltiyoes !,i ,i. ,n ! _i�._�1f t:h•.
PRINCIPAL, state that all. dualii ied �ipl)li.c�lnt:: will receive
consideration for ernpluyrnent wit-holit rep;ard to race, color,
religion, sex or national origin.
C. The PRINCIPAL will send to each labor union or
representative of workers with which he has collective bargaining
agreement or other contract or understanding, a notice, to be
provided by the agency Personnel Officer, advising the labor
union or workers' representative of the contractor's commitments
under t1lis 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 rpp-,rts
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 llis books, records
.. and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
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rule::, regulations and orders.
F. In the event of tho PRlNCIPAL'S noncompliance with the
Equal Opportunity clause of this contract or with gill• of the: --aid
rules., regulations or order, this contract may be cancrlod,
terlainaLed or su:;IiencJc:cl, i n whuIo or in part aril Lllc PRIIICI PA1.
na7 be dccljrca inrligihlu for furthor CITY contract_: in accul•,i.sncc
with pr<,CCclurrrn, 1WhUl-i::cr11 ill 1::{i•CULiV,' Or,lor No. 11 4L. Uf
i•1, 191,',, as .itn t_r1-1L:tj uy EXCCULI.Vo Orkfo:' No. 113 %-11 UL
OC'.:r,A;_r 13, 1967, or lUy rut,,, re(jill.aLi.)li ol- or,lor of tl:. ::t`c l c•tJr!
Of or .15 c,LLor•di.;u i,rn•...:0ti '.,f 1 ..
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►_ 81 8 0 7z
G. The PRINCIPAL will include the provisions of XIX A
through XIX 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,
t
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 may direct
as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event the PRINCIPAL
becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the PRINCIPAL may request the CITY to enter into
such litigation to protect the interests of the CITY.
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
Js, first above set forth.
4TT'ST: RUSSELL, MARTINEZ & HOLT, ARCHITECTS, INC.
v JA4Z %
i By ,
ec eta y
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
Project Manager City Attorney
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l� 12 nIEh;ORAN0LiM
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TO Howard V. Ga y DATE August 18, 1981
City Manage
FROM Vt"'C SU6.7P"'T proposed Resolution Approving
Morris I Kaufmann Agreement for Feasibility and
Assistan to the City Manager Design Studies in the Miami
Design Plaza
It is recommended that the proposed resolution
e adopted y t e City Commission at its meeting
scheduled for S ptember 10, 1981, whereby the
City Commission will approve an Agreement, in
substantially the' form attached hereto, negotiated
by the City Manager and Russell, Martinez & Holt
Architects, Inc., for feasibility studies in the
Miami Design Plaza for ,000 and will authorize
e City Manager to execute same.
The City Commission by Resolution 81-731, dated July 23, 1981,
approved the selection by the City Manager of Russell Martinez
& Holt Architects, Inc., to provide architectural/engineering
services for feasibility and conceptual design studies in the
Miami Design Plaza, bounded by Biscayne Boulevard, North 36 Street,
NW 1 Avenue and North 42 Street.
Under the same Resolution, the City Commission directed the City
Manager to present to the City Commission the negotiated contract
i� at the earliest scheduled meeting following the negotiation of
said contract, for approval by the City Commission prior to execution.
The proposed resolution provides for the City Commission to approve
an Agreement, in substantially the form attached hereto, with
Russell, Martinez & Holt Architects, Inc., and authorizes the
City Manager to execute it.in an amount of $24,000, with funds
therefor previously allocated from the Parking Capital Projects Funds.
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Enclosure =:
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81 -80,