HomeMy WebLinkAboutR-81-0701{
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RESOLUTION
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NEGOTIATED AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
BETWEEN THE CITY OF MIAMI AND ALBERT R.
PEREZ ASSOCIATES, P.A. TO PROVIDE PROFES-
SIONAL LANDSCAPE ARCHITECTURAL SERVICES
IN DESIGN AND CONSTRUCTION RELATED TO
THE RENOVATION OF MANOR PARK, USING
PREVIOUSLY ALLOCATED FUNDS TO COVER
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THE COST OF SUCH SERVICES.
WHEREAS, the City Commission approved, by Resolution No.
81-526 passed June 25, 1981, the Competitive Selection Com-
mittee's selection of firms most qualified to provide profes-
sional landscape architectural services for design and con-
struction related to the renovation of Manor Park; and
WHEREAS, it is in the best interest of the City of Miami
to begin the renovation of Manor Park as soon as possible; and
— WHEREAS, by the aforesaid resolution the City Commission
authorized the City Manager to negotiate a professional
s± vices agreement on behalf of the City; and
WHEREAS, the attached agreement between the City and
Albert R. Perez Associates, P.A. was negotiated and is, in
the City Manager's opinion, fair, competitive and reasonable;
and
WHEREAS, said Resolution No. 81-526 directed the City
Manager to present the negotiated agreement to the City Commis-
sion for its approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the negotiated agreement, in substantially the form
attached hereto, between the City of Miami and Albert R.
Perez Associates, P.A. to provide professional landscape
architectural services in design and construction related to
the renovation of Manor Park, using previously allocated
funds to cover the cost of such services.
CITY COMMISSION
MEETING OF
JULa 1198170
PREPARED AND APPROVED BY:
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AGREEMENT
T141S AGREEMENT made this day of , 1981,
by and between THE CITY OF MIAMI, a Municipal Corporation of the State
of Florida, hereinafter called CITY and Albert R. Perez Associates, P.A. ,
Landscape Architects, hereinafter called the PRINCIPAL.
WITNESSETH
WHEREAS, the CITY proposes to renovate Manor Park, an existing
28.4 acre site at NW 12th Avenue between NW 46th and 50th Streets, hereinafter
called the PROJECT; and
WHEREAS, the U. S. Department of the Interior, Heritage Conservation
and Recreation Service, has approved the State of Florida's application on
behalf of the City of Miami for improvements to Manor Park; and
WHEREAS, through the commitment of $500, 000 from the Federal
Land & Water Conservation Fund Program, $250, 000 from the State of
Florida Department of Natural Resources, and $250, 000 from the Florida
Power and Light Franchise Fund, F. Y. 1981, $1, 000, 000 has been appropriated
by Ordinance #9199 passed and adopted November 6, 1980, for a Capital
Improvement Project entitled Manor Park Renovations, the construction,
the professional fee and other expenses of the PROJECT; and
WHEREAS, the CITY desires to engage a Landscape Architectural firm
to render the necessary professional and technical services, hereinafter called
WORK, for the 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 by Resolution No. 81-581
adopted June 25, 1981 , authorized the City Manager to enter into a
professional services agreement with ALBERT R. PEREZ ASSOCIATES, P.A.,
NOW, THEREFORE, the CITY and the PRINCIPAL, for the considerations
hereinafter set forth, agree and covenant, one unto the other as follows-
_1 _
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tCtiN. . G t4 A L
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 the timely preparation of all necessary documents for the construction of the
PROJECT.
B. The PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the instructions of the CITY.
C. The CITY has budgeted the amount of $1, 000, 000 for the total
project. This amount includes the following:
1. $ for design services, including:
2.
3.
a) The lump sum fee for the PRINCIPAL;
b) Surveys, soils investigations and related services;
c) Permits;
d) Administration, reproduction and related expenses;
for the Construction Cost of the PROJECT.
$ for project contingencies, including 1.5°Jo
of the construction cost of the PROJECT which may be used
for art work.
D. The PRINCIPAL shall design the PROJECT within the funds
available to the CITY for the Construction Cost of the PROJECT.
E. The CITY agrees to pay and the PRINCIPAL agrees to accept as
payment in full for all professional and technical services rendered, as outlined
in SECTION III - PROFESSIONAL SERVICES, hereof, the LUMP SUM FEE
of
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SECTION II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of the CITY.
C. DIRECTOR - is hereby defined as the Director, Department of
Parks of the CITY.
D. PRINCIPAL - is hereby defined as Albert R. Perez Associates,
P. A. , 801 Madrid Street - Suite #107-B, Coral Gables, Florida, 33134,
Telephone - 445-9223.
E. PROJECT - is hereby defined as the renovation of Manor Park,
an existing 28.4 acre park located at NW 12th Avenue between NW 46th and
50th Streets.
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 No. 8227
and Dade County Ordinance No. 73-77. The PRINCIPAL shall make every
possible effort to have the art work included as a basic part of the PROJECT
design.
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 - PROFESSIONAL SERVICES, hereof.
H. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but it shall not include
any PRINCIPAL'S fees or special consultant's fees or the cost of any survey,
legal, financial, administration or similar services or land acquisition costs
furnished by the CITY or any cost of furniture or furnishing or unattached
equipment purchased by the CITY.
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 services rendered pursuant to this
agreement, to complete the WORK as further defined in SECTION III -
PROFESSIONAL SERVICES, hereof.
0 -3 r81 -.7 01
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J. PROJECT MANAGER - is hereby defined as the Manager of the
PROJECT for the CITY.
K. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined
as the hourly cost of salaries and those mandatory and customary benefits such
as statutory employee benefits, insurance, sick leave, holidays, pensions,
vacations, and similar benefits. The DIRECT TECHNICAL SALARY EXPENSE
charged against the PROJECT for design and construction services provided
by the PRINCIPAL shall not exceed THIRTY DOLLARS ($30. 00) per hour plus
payroll burden which shall not exceed twenty -five percent (25%).
SECTION III - PROFESSIONAL SERVICES
1. The PRINCIPAL in close coordination with the CITY, shall perform
the following p-•ofessional and technical services coniprising the WORK and
shall be fully responsible for all the professional and technical aspects thereof.
The CITY'S review and approval of WORK will relate only to overall compliance
with the general requirements of the PROJECT, and wherever the term "Approval
by the CITY" or like terms are used in this Agreement, the praseology shall
in no way relieve the PRINCIPAL from any duties or responsibilities under
the terms of this Agreement, and from using the best landscape architectural,
architectural, and engineering services and practices.
2. The PRINCIPAL and his associates shall be aware that funding
for this PROJECT was based on a grant, the purpose of which was to increase
and improve the recreational facilities available at Manor Park by adding
new facilities and providing lighting so that the existing facilities can be
more fully utilized and also accessible to the handicapped. In accordance
with the grant application, the existing facilities to be rehabilitated and/or
expanded include:
the pool and bath -house
community building
parking area
the irrigation system
overall planting
lighting, including new lighting for the
football field
existing and proposed basketball, tennis
and racquet ball courts to be resurfaced
as appropriate and lit
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additional bleachers
a proposed tennis pavilion
a new playground with equipment
picnicking facilities with a pavilion,
tables and barbecue
a fitness trail
signs
site furniture
3. The PRINCIPAL and his associates shall, throughout the course
of this PROJECT, particularly during the Schematic Design and Design
Development Phases, work, along with the CITY, with the members of the
Model Cities Community Development Advisory Board, and include their
input in the overall design process related to the renovation of Manor Park.
4. The PRINCIPAL and his associates shall be prepared with the
appropriate documents to attend, and participate in, along with the CITY,
public meetings which shall include, but are not to be limited to the following;
a. Model Cities Community Development Advisory Board for review,
discussion and prioritization of those items listed as part of this PROJECT,
and review of the findings related to the inventory and inspection of all
existing facilities.
b. Model Cities Community Development Advisory Board for review
and discussion of Schematic, Redevelopment and Master Redevelopment Plans
of the PROJECT.
c• The Miami City Commission for review and approval of the
Master Redevelopment Plan of this PROJECT.
d. The pre -bid and pre -construction meetings.
5. The PRINCIPAL shall in the preparation of Plans and Specifications,
and On -Site Consultation, comply with all Federal, State and local codes,
ordinances and regulations pertaining to the design and construction of the
PROJECT. Attention is invited to the Federal Wage -Hour Law, Walsh -Healy Act,
and the Occupational Safety and Health Act, the National Environmental Policy
Act, and the Equal Employment Opportunity legislation.
_5_
A - Schematic Design Phase
During the Schematic Design Phase upon written authorization from
the PROJECT MANAGER, the PRINCIPAL shall:
1. Inventory and inspect all existing structures and facilities
on the PROJECT site and provide a written report including the structural
integrity, life expectancy, feasibility, and approximate cost of rehabilitation,
and present and future value to park users.
2. Meet with the Model Cities Community Development Advisory
Board for review, discussion and prioritization of those items listed as part
of the PROJECT.
3. Subsequent to input from the Department of Parks and other
City departments prepare a maximum of three schematic designs along with
cost estimates for the entire redevelopment project, and individual cost
estimates for each item or group of items which form part of the redevelop-
ment plan. Subsequent to review by the CITY, the PRINCIPAL shall prepare
a final Schematic Redevelopment Plan based on a list of priorities and other
directives provided by the CITY, and a final schematic cost estimate.
4. The schematic designs shall include but, not be limited to
general use areas, location of structures, floor plans, planting materials,
pedestrian access and circulation, and relationships with the surrounding
areas including the Allapattah Elementary and Jr. High Schools, and other
types of site and nearby site amenities. Also included shall be preliminary
site utilities, general information related to materials and methods of
construction.
Remodeling and potential expansion of the existing buildings and
all necessary repairs of structures including air conditioning and replacement
of any glass with unbreakable transparent glazing materials and exterior
architectural treatment. Plans for the community building should include
space for as many of the following uses as allowable within the building's
space constraints: Rest rooms, supervisor's office, large multi -purpose
rooms, equipment storage, small multi -purpose rooms and additional
roofed patio space.
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Renovation of the pool office, bath -house, and snack bar should
include repair and/or replacement of pool electrical and filter systems,
possible expansion of the pool patio, a portable bulkhead for competitive
swimming events, and space for bleachers for swimming event spectators;
ramped access for the handicapped, and possible building expansion to
include the snack bar. Renovation of the Day Care Center should include
rehabilitation of appropriate rest rooms, play areas and other facilities
as necessary.
5. Upon finalization of the configuration and design parameters
of those items to be included, the PRINCIPAL shall prepare the final
Schematic Redevelopment Plan to be presented to the Model Cities Community
Development Advisory Board for their review and comment.
6. Subsequent to this meeting and any appropriate changes, the
Schematic Design Phase shall be complete when the CITY accepts the
Schematic Design Documents.
B - Design Development Phase
During the Design Development Phase, upon written authorization from
the PROJECT MANAGER and as directed by the CITY for the approved
and accepted parts of the Schematic Design Phase, the PRINCIPAL shall:
1. Prepare Design Development Documents consisting of plans,
elevations and other drawings, and outline specifications, all in order to
fix and illustrate the size and character of the entire PROJECT in its
essentials as to location, kinds of materials, types of structures, and site
improvements; mechanical and electrical systems construction cost estimates;
utilities locations; time schedule and such other work as may be required.
2. Submit to the CITY an Estimate of PROJECT construction costs
broken down into major categories. It shall be the obligation of the PRINCIPAL
and his associates to produce a design which may be constructed within the
CITY BUDGETED AMOUNT or any subsequent revision thereof approved by
the CITY. Approval by the CITY of Schematic Design Studies and/or Design
Development Documents includes approval of the construction cost estimates
submitted therewith only if so stated in writing by the CITY. If either the
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81-70y0
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final Cost Estimate for the Schematic Design Phase or the Cost Estimate
for the Design Development Phase is greater than the CITY BUDGETED
AMOUNT set forth in SECTION I - C herein, the CITY may require the
PRINCIPAL to revise the Schematic Design Studies and/or the Design
Development Documents. The PRINCIPAL shall revise the studies and/or
the documents in such a manner as to bring the revised Estimate of PROJECT
Construction Cost within the CITY BUDGETED AMOUNT as part of the
PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no addition in fee to
the CITY.
3. Submit completed Design Development Documents thereof as
required including the Plans, Outline Specifications, Construction Cost
Estimates, Renderings and Time Schedules. The PRINCIPAL shall assist
the CITY in preparing applications and seeking approval and permits from
regulatory agencies as may be required.
4. The PRINCIPAL and his associates shall prepare a Master
Redevelopment Plan with appropriate sketches which he shall present to
the Model Cities Community Development Advisory Board; and the
Miami City Commission.
5. The PRINCIPAL shall revise the Design Development Documents
and other documents as directed by the City Commission and other agencies
having jurisdiction.
6. The Design Development Phase shall be completed when the CITY
approves and accepts the Design Development Documents.
C. Construction Documents Phase
During the Construction Documents Phase, upon written authorization
from the PROJECT MANAGER or his designees and in accordance with all
the approved and accepted parts of the Design Development Phase, the PRINCIPAL
shall:
1. Prepare all construction contract plans and specifications
and other contract documents, except general conditions or supplementary
general conditions, for the complete PROJECT. These documents shall be
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in conformance with all applicable federal, state and local laws and codes
and shall include such items as the working drawings and specifications,
adequately setting forth in detail descriptions of the construction to be
done and also the materials, workmanship, finishes and equipment required
for all landscape architectural, architectural, structural, mechanical,
electrical, service -connected equipment, (e.g., fixtures and equipment
attached to the facility electrically, mechanically, or structurally) site
development, connection costs, planting, bidding information, and the
special provisions of the Construction Contract, Bid Proposal, the Construction
Contract, and other Construction Contract Documents.
2. Revise the construction contract plans and specifications, and
any other written report or written document as required, to secure the
CITY'S approval thereof.
3. Advise the CITY of any adjustments to previous estimates of
PROJECT construction cost which may be indicated by changes in scope,
design, requirements, market conditions, or otherwise.
4. Furnish the CITY with a Final Estimate of PROJECT Construction
Cost based upon the completed working drawings and specifications, broken
down into major categories. The PRINCIPAL'S Estimates of PROJECT
Construction Cost shall be construed as the informed professional opinion
of a responsible expert in the subject matter, and the CITY will rely on it
as a reasonable approximation of bids to be received.
5. See that all construction contract plans and specifications bear
the seal of a Florida registered professional landscape architect, architect
or engineer and that the names of professionals responsible for major
portions of each separate specialty of the WORK appear on the construction
contract plans and specifications.
6. Because of the CITY'S concern for energy conservation, in both
resources and physical operations it shall be fully understood that the PRINCIPAL
shall pay particular attention t,) of 4i:e energy systems and site
improvements required for the PROJECT with emphasis towards conserving
energy and maintenance time. Particular attention shall be focused on the
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different uses of the PROJECT and the different demands for air conditioning
and lighting, etc. within structures as well as grounds maintenance, for
paved and planted areas outdoors.
7. Submit the completed construction plans and specifications to the
CITY for a complete and detailed review and approval.
8. Conduct all necessary dry -run checks of the construction contract
plans and specifications in connection with securing the approval of, and
obtaining necessary permits from, all governmental authorities having
jurisdiction over the PROJECT after the CITY has approved and accepted
in writing the construction contract plans and other contract documents.
By said acceptance, the CITY does not relieve the PRINCIPAL of any
responsibilities.
9. Deliver to the CITY the completed master set of construction
contract plans and specifications and other related parts of the Construction
Contract including the Bid Proposal, in such reproducible form as may be
specified by the CITY.
10. The Construction Documents Phase shall be considered completed -
on the day the CITY accepts from the PRINCIPAL the completed Construction
Contract plans and specifications ready for construction bids.
D - Bidding Phase
1. Prepare addenda as necessary, with accompanying drawings or
other material as required, and submit original of each to the PROJECT MANAGER
for approval and submission to the Department of Public Works Wio will furnish
a copy for each set of contract documents prepared.
Z. Assemble and furnish the PROJECT MANAGER with data for
publicity releases.
3. Assist the CITY in the evaluation of bids.
4. The Bidding Phase shall be considered completed on the day
the CITY accepts a bid for the construction of the PROJECT.
E - Construction Phase
The Construction Phase shall commence with the award of the
Construction Contract. During the Construction Phase, upon written authorization
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frorn the PROJECT MANAGER, the PRINCIPAL shall:
1. Attend a regular weekly site meeting and make periodic visits
to the site to familiarize himself with the progress and quality of work to
determine that the work is proceeding in accordance with the Contract
Documents and to submit his observations to the CITY in writing within
five (5) working days after each visit.
Z. Work with the PROJECT MANAGER, through the Project
Inspector from the Department of Public Works, with the Contractor and
Subcontractors on the job through the Contractor's Job Superintendent.
3. Assist the CITY in considering and evaluating any suggestions
or modifications which might be submitted by the Contractor for the CITY'S
approval.
4. Assist the CITY in matters relating to the interpretation of
the Contract Documents.
5. Furnish any additional details or information when required
at the job site for proper execution of the WORK.
6. Make written recommendations for the CITY'S review and
concurrence for such things as materials and equipment, methods of
construction, changes in plans, extra work orders, and supplemental
agreements; these reviews and concurrence shall not relieve the PRINCIPAL
of any responsibilities as specified under the terms of this Agreement.
7. Check and approve shop and working drawings, samples and
other submissions furnished by the Contractor; retain a copy of all shop
and working drawings, duly approved by the PRINCIPAL, for permanent
CITY records.
8. Review all test reports required by the Contract Documents,
and provide the CITY with written evaluation of such test reports.
9. Receive samples which are required to be furnished by the
Contractor, record date received and from whom; examine said samples
and notify the CITY of his approval or rejection.
10. After substantial completion, make a list of items for
correction before final inspection, and check each item as it is corrected.
11. The PRiI\'CIPAL shall carry out his responsibilities under the
terms of this Agreement until the Contractor turns over to the CITY a
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completed facility; however, the CITY shall have the right to take possession
of, and use any completed or partially completed portion of the PROJECT,
notwithstanding the fact that the time for completing the entire PROJECT
or such portions may not have expired, but such taking possession and use
shall not be deemed an acceptance of any work not completed and it shall
in no way relieve the PRINCIPAL of any of his responsibilities under the
terms of his Agreement.
12. Upon request by the CITY PROJECT MANAGER, attend and
report to the CITY on all required conferences held at the job site.
13. Assist the CITY in matters relating to the Contractor's
schedules and requests for progress payments.
14. During the course of the WORK, review and if appropriate,
approve all Guarantees, Certificates, Operation and Maintenance Manuals,
Keying Schedules, Spare Parts and other items that have been specified
in the Contract Documents. The PRINCIPAL shall have the responsibility
for advising the CITY of the full compliance by the Contractor in the timely
submission of all such items. Deliver all such items to the CITY prior
to the date of beneficial occupancy.
15. Furnish to the CITY within thirty (30) days after completion
of the Construction Phase of the PROJECT the original reproducible drawings
of the Construction Contract plans, revised to include all changes or
modifications to the design made during the Construction Phase.
16. At the completion of the construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY written certification that the PROJECT
has been constructed in accordance with CITY approved construction plans
and specifications and CITY approved change orders; and shall furnish such
other written certificates as may be required by laws and regulations
applicable to the PROJECT.
17. The Construction Phase shall be completed when the PRINCIPAL
has delivered the aforesaid certificates, including "as built" plans, etc.,
to the CITY; and the City Commission has accepted said PROJECT, but in
no case later than forty-five (45) days after delivery by the PRINCIPAL.
_5ECTI0N IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following services
and information from existing CITY records and CITY files:
A. The CITY shall provide information regarding its known
requirements for the PROJECT.
B. The CITY shall furnish a Certified Land Survey of the site
giving, as applicable, grades and lines of streets, alleys, pavements and
adjoining property; right of way, restrictions, easements, utilities, trees,
encroachments, zoning, deed restrictions, boundaries and contours of
the site; locations, dimensions and data from existing records on file in
the Department of Public Works of the CITY pertaining to existing buildings,
other improvements and trees; and information concerning available service
and utility lines both public and private. The PRINCIPAL shall not be held
responsible for the completeness or accuracy of the Department of Public
Works' files.
C. If the CITY PROJECT MANAGER observes or has been notified
in writing of any fault or defect in the PROJECT or nonconformance with the
Contract Documents, prompt written notice thereof shall be given to the
PRIM CI PA L.
D. The CITY shall do all reproduction and binding of the bidding
and construction sets of the drawings and specifications; and loan all
existing and applicable CITY aerial photographs.
E. The Director shall appoint a PROJECT MANAGER to act as
liaison between the CITY and PRINCIPAL, and the PRINCIPAL shall not
start work nor incur any a xpenses for any Phase of the WORK, special
conditions or change orders without having received written authorization
from the CITY'S PROJECT MANAGER to do so. Nothing contained herein
shall relieve the PRINCIPAL of any responsibility as provided under this
Agreement.
F. The CITY shall furnish all required testing necessary for the
PROJECT including core borings, test pits, structural, mechanical, chemical,
soil, and mill and laboratory test, and the services of a soils engineer or
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other special consultants when deemed necessary by the PRINCIPAL; and the
PRINCIPAL shall be entitled to rely upon the accuracy, completeness, and
competence thereof.
G. The CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Detailed Construction Cost Estirrates
based upon the Design Development Documents and the Construction Documents.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services fox the Schematic Design
Development, Bidding, Construction Document and Construction Phases of
the PROJECT, as outlined in SECTION III hereof, the CITY agrees to pay,
and the PRINCIPAL agrees to accept, as a full payment for his services
the LUMP SUM FEE OF
($ ). This LUMP SUM 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 Phase shall equal the
following percentages and amounts of the total BASIC FEE:
PERCENTAGE OF
AT THE END OF PHASE LUMP SUM PAYMENTS
1. Schematic Design Phase 15
2. Design Development 35
Phas e
3. Construction Document 75
Phase
4. Bidding Phase 80
5. Construction Phase 100
SECTION VI - SCHEDULE OF WORK
ACCUMULATED
PAYMENTS
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 PROJECT MANAGER in writing. It
is understood and agreed by both parties that the following schedule for
the WORK will be strictly followed by the PRINCIPAL.
A. Schematic Design Phase
The Schematic Design Phase shall be delivered to the PROJECT MANAGER
within forty five (45) calendar days after written authorization from the
PROJECT MANAGER to begin WORK on this Phase.
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B. Design Development Phase
Q0
The Design Development Phase shall be delivered to the PROJECT
MANAGER within thirty (30) calendar days after written authorization from
the PROJECT MANAGER to begin WORT{ on this Phase.
C. Construction Documents Phase
The Construction Documents Phase shall be delivered to the PROJECT
MANAGER within ninety (90) calendar days after written authorization from
the PROJECT MANAGER to begin WORK on this Phase.
D. Bidding Phase
The Bidding Phase is projected to require forty five (45) calendar days.
E. Construction Phase
The Construction Phase will commence with the award of the Construction
Contract and shall be completed when the PRINCIPAL has delivered to the CITY
written certification that the PROJECT has been constructed in accordance
with CITY approved construction plans and specifications and CITY approved
change orders, and shall furnish such other written certificates as may be
required by law and regulations applicable to the PROJECT, including "as built"
plans, and the City Commission has accepted the PROJECT by Resolution,
but in no case later than forty five (45) days after delivery by the PRINCIPAL.
F. Time for Performance
In the event the PRINCIPAL is unable to complete the above services
because of delays resulting from Acts of God or untimely review and approval
by the CITY and other governmental authorities having jurisdiction over the
PROJECT, and such delays are not the fault of the PRINCIPAL, the CITY
shall grant a reasonable extension of time for completion of the WORK.
It shall be the responsibility of the PRINCIPAL to notify the CITY promptly
in writing whenever a delay in approval by any governmental agency is
anticipated or experienced, and to inform the CITY of all facts and details
related to the delay.
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
A. The CITY reserves the right to increase the scope and amount
of the construction contract by directly authorizing the contractor to do extra
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or additional work without requiring the PRINCIPAL to furnish professional
or technical services. In this case, the cost of this extra or additional work
will not be considered as part of the final cost of the PROJECT. The PRINCIPAL
shall not be liable for any additional work or conditions resulting from
additional work performed by the contractor in the event that the CITY
directly authorizes the contractor to do the additional work without requiring
the PRINCIPAL to furnish professional or technical services.
B. The PRINCIPAL shall furnish any interior design services, exclusive
of furnishings and furniture, which are normally a part of the Contract Documents
and specifications, as part of his basic services within the stipulated LUMP SUM
FEE. However, the CITY reserves the right to authorize the PRINCIPAL to
provide additional services, if found necessary by the CITY.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any time
prior to completion of the WORK without penalty to the CITY. In that event
termination of this Agreement shall be in writing to the PRINCIPAL and the
PRINCIPAL shall be paid for his services rendered in each completed PHASE
prior to termination in accordance with SECTION V - COMPENSATION FOR
SERVICES, provided however, that the PRINCIPAL is not.in default under
the terms of this Agreement. If, however, the termination of this Agreement
occurs during an incomplete Phase, then the PRINCIPAL shall be paid at
the rate of two and one-half (2. 5)times Direct Technical Salary Expense for
those services rendered in such incomplete Phase provided that the PRINCIPAL
is not in default under the terms of this Agreement. In no case, however,
will the CITY pay the PRINCIPAL a greater amount for his incomplete Phase
than would have been paid had the termination been made at the completion
of this Phase.
In the event of termination, all documents, plans, etc. , as set forth
in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the property
of the CITY, with the same provisions of use as set forth in said SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALIST
The PRINCIPAL proposes to have the following specialists, either from
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his organization or as his consultants or associates, to perform the services —
indicated:
A. Landscape Architectural
B. Architectural
C. Structural Engineering
D. Civil Engineering
E. Mechanical Engineering
F. Electrical Engineering
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 Construction Documents Phase and Construction plans
and specifications to reduce the cost of construction of the PROJECT to the
final budgeted or CITY approved amount for the construction of the PROJECT,
if the amount of the lowest acceptable bid received by the CITY for the
construction of the PROJECT is ten percent (100116) or more in excess of the
final amount budgeted or approved for the cost of the construction contract
of the PROJECT.
B. Any other revisions suggested by the CITY that are within the
scope of the WORK before the Design Development Documents and Outline
Specifications are approved by the CITY.
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books, survey
information, maps, contract documents, reports and other data developed as
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a result of this Agreement shall become the property of the CITY without
restriction or limitation on their use. The PRINCIPAL shall not be liable
for possible damages resulting from the CITY`S use of the Contract Documents
or any other project. It is further stipulated that all information developed
as a part of the PROJECT shall not be used by the PRINCIPAL without written
consent of the CITY.
It is further understood by and between the parties that any information,
maps, contract documents, reports, tracings, plans, drawings, specifications,
books or any other matter whatsoever which is given by the CITY to the
PRINCIPAL pursuant to this Agreement shall at all times remain the property
of the CITY and shall not be used by the PRINCIPAL for any other purpose
whatsoever without the written consent of the CITY.
It is further understood that no press release or publicity is to be
issued by the PRINCIPAL without 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 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.
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SECTION XIII - EXTENT OF AGREEMENT
F
This Agreement represents the entire and integrated Agreement
' between the CITY and the PRINCIPAL and supersedes all prior negotiations,
x
s representations or Agreements, either written or oral. This Agreement
may be amended only by written instrument by both the CITY and the
PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments of transfer of this Agreement,
or sublet, assign or transfer any part of the WORK under this Agreement without
the written consent of the CITY. This Agreement shall be binding upon the
parties hereto, their heirs, executors, legal representative, successors and
assigns.
SECTION XV - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other factual
unit costs supporting the compensation are accurate, complete and current
at the time of contracting and that the original contract price and any additions
thereto shall be adjusted to exclude any significant sum where the CITY
determines the contract price was increased due to inaccurate, incomplete
or non -current wage rate and other factual unit cost. Such 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 provision of this Agreement, in no event
shall the payment of the LUMP SUM FEE under SECTION V herein, enable the
PRINCIPAL to earn a profit of more than TWENTY PERCENT (20%) of the
LUMP SUM FEE. At the time the final increment of that LUMP SUM FEE is
due to be paid by the CITY to the PRINCIPAL, pursuant to the 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 certification indicates profits
in excess of the maximum set forth above, the PRINCIPAL shall simultaneously
remit any overage to the CITY. The CITY reserves the right to audit the
books and records of the PRINCIPAL and to adjust the amount of any such
repayment in the light of said audit. In calculating the total costs incurred
by the PRINCIPAL'S own staff, the PRINCIPAL shall use a percentage
overhead applied to the DIRECT TECHNICAL SALARY EXPENSE as.
defined in SECTION II herein. The percentage overhead shall be equal
to the actual percentage overhead pertaining for all of the PRINCIPAL'S
work in the last twelve (i2) month period preceding the date of this
Contract for which data is available. All services provided by subcontractors
to the PRINCIPAL shall be included at the actual cost paid by the PRINCIPAL
and the percentage overhead shall not apply.
SECTION XVII - INSURANCE AND INDEMNIFICATION
The PRINCIPAL shall not commence work on this Contract until he
has obtained all insurance required under this paragraph and such insurance
has been approved by the CITY.
The PRINCIPAL shall indemnify and save the CITY harmless from any
and all claims, liability, losses and causes of action arising out of error,
omission or negligent act of the PRINCIPAL, its agents, servants or
employees in the performance of services under this Agreement.
The PRINCIPAL shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of
the CITY when applicable, and shall pay all costs and judgements which
may issue thereon.
The PRINCIPAL shall maintain during the term of this Agreement
the following insurance:
A. A Comprehensive General Liability Policy with at least a
combined single limit for Bodily Injury and Property Damage Liability of
$300, 000 per occurrence.
B. A Comprehensive General Automobile Liability covering all
owned, non -owned, and hired vehicles in the amount of $100, 000 per
occurrence for Bodily Injury and Property Damage.
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0
f
C. Professional Liability Insurance in the minimum amount of
{
a
$1, 000, 000 per occurrence.
r
D. Worker's Compensation Insurance in the statutory amounts.
5
The insurance coverage required shall include those classifications
s
as listed in standard liability insurance manuals, which most nearly reflect
the operations of the PRINCIPAL.
All Insurance Policies shall be issued by companies authorized to do
„ business under the laws of the State of Florida; and which are approved
according to specifications of the Risk Management Division of the CITY.
The PRINCIPAL shall furnish Certificates of Insurance to the CITY
prior to the commencement of operations which Certificates shall clearly
indicate that the PRINCIPAL has obtained insurance in the type, amount and
classification as required for strict compliance with this Section and that
no material change or cancellation of insurance shall be effective without
ninety (90) days written notice to the CITY.
Compliance with the foregoing requirements shall not relieve the
PRINCIPAL of his liability and obligations under this Section or any portion
of this Agreement.
SECTION XVIII - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the satisfaction
of the Director of the Parks Department who shall decide all questions,
difficulties and disputes of whatever nature which may arise under or by
reason of this Agreement, the prosecution and fulfillment of the services
hereunder, and the character, quality, amount, and value thereof, and the
DIRECTOR'S decisions upon all claims, questions of fact, and disputes
shall be final, conclusive and binding, upon the parties hereto, unless such
determination is clearly arbitrary or unreasonable. In the event that the
PRINCIPAL does not concur in the judgement of the DIRECTOR as to any
decision made by him, the PRINCIPAL shall present his written objections
to the CITY MANAGER; and the DIRECTOR and the PRINCIPAL shall abide
by the decision of the CITY MANAGER. Adjustment of compensation and
contract time because of changes in the work that may be necessary or be
-21- .61- ? of .,
deemed desirable as the work progresses, shall be reviewed by the DIRECTOR
and the CITY MANAGER and submitted to the City Commission for approval.
SECTION XIX - NON-DISCRIMINATION
A. The PRINCIPAL will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The PRINCIPAL will take affirmative action to ensure that
applicants are employed, and the employees are treated during employment,
without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The PRINCIPAL agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting forth the provisions
of this Equal Opportunity Clause.
B. The PRINCIPAL will, in all solicitations or advertisements for
employees placed by or on behalf of the PRINCIPAL, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin.
C. The PRINCIPAL will send to each labor union or 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 of workers' representative of the contractor's
commitments under this Equal Opportunity clause, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
D. The PRINCIPAL will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, as amended by Executive Order
No. U375 of October 13, 1967, and of the rules, regulations and relevant
orders of the Secretary of Labor.
E. The PRINCIPAL will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965, as amended
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by Executive Order No. 11375 of October 13, 1967, and by the rules,
regulations and order of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
F. In the event of the PRINCIPAL'S noncompliance with the Equal
Opportunity clause of this contractor with any of the said rules, regulations
or orders, this contract may be cancelled, terminated or suspended, in
whole or in part and the PRINCIPAL may be declared ineligible for further
CITY contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, as amended by Executive Order
No. 11375 of October 13, 1967, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
G. The PRINCIPAL will include the provisions of XIX A through
G in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, as amended
by Executive Order No. 11375 of October 13, 1967, so that such provisions
will be binding upon each subcontractor or vendor. The PRINCIPAL will
take such action with respect to any subcontractor or purchase order as
the contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the
event the PRINCIPAL becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the contracting
agency, the PRINCIPAL may request the CITY to enter into such litigation
to protect the interest of the CITY.
The PR.INCIPAL shall not subcontract for other consulting services
without prior written approval of the CITY.
The PRINCIPAL shall furnish the CITY with a copy of each of the
subcontract agreements.
SECTION XX - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed
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11$1.7 01
ATTEST:
y:
THE CITY OF MIAMI (a municipal
corporation of the State of Florida)
By.
City Clerk City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORRECTNESS
Director, Department of Parks,
Design Division Head
City Attorney
Kn*Ird V. Cary
city Manager
Carl Kern, Director
Department of Parks
Alit M jtF, OAANbUM
o0t:
SUiiJfiC'Y:
jjtFtaENCES:
ENCLOSURES:
Tiny 8t 198 FILE:
Ratification and Approval of Agree -
anent with Albert R. Perez Assoc6 ,
P. A. for Renovations of Manor lurk..
Resolution No. 81-581/5%or City
Commission Meeting of July 23/lg$1
it is recommended that the attached Resolution
be approved ratifying agreement between the
City and Albert R. Perez Associates, P.A.,
dated July 1981, for professional landscape
architectural services in the Renovation of
Manor Park.
The City Commission, by Resolution No. 81-581, authorized the City
Manager to negotiate and enter into a fair, competitive and reasonable
contract with a firm found most qualified to provide landscape archi-
tectural services for the Renovation of Manor Park located on N. W.
12th Avenue between N. W. 46 and 50 Streets.
This task having been fulfilled with the first rank ordered firm, Albert
R. Perez Associates, P.A., it is now appropriate to have the City
Commission ratify and approve the attached executed agreement,
d ated July 1981.
I y
CK/JDS/cg
Attachment c-
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