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11/14/80
RESOLUTION NO.
A RESOLUTION APPROVING THE AGREEMENT NEGOTIATED
BY THE CITY MANAGER AND WILBUR SMITH & ASSOCIATES,
INC., FOR PROFESSIONAL ARCHITECTURAL/ENGINEERING
SERVICES FOR THU DESIGN AND CONSTRUCTION OF PRO-
POSED DOWNTOWN GOVERNMENT CENTER PARKING PROJECT
AND AUTHORIZING THE c'ITY PIANAGER TO EXECUTE SAID
AGREEMENT FOR AN AMOUNT NOT `rn I,XCI-,EI) $296,000,
USING PIONIES IN AN AMOUNT NOT TO EXCEED $100,000,
FROM THE PARKING CAPITAL PROJECTS FUND TO COVER
THE COST OF SAID �IORK THROUG(i '"fII' DESIGN DEVELOPMENT
PHASE, WITH REMAINING FUNDS TO COMPLETE THE WORK
UNDER SAID AGREEMENT CONTINGENT UPON FUTURE
ALLOCATION 13Y THE CITY COMMISSION.
ICEREAS, the City proposed to construct a multi -story
public parking facility in the Downtown Government Center;
and
WHEREAS, the City has programmed approximately $100,000
from the Parking Capital Projects Fund to finance the initial
design of said project; and
WHEREAS, it was necessary for the City to engage an
architectural/engine(--ring firm to render professional and
technical services for the planning, design and construction
of said project; and ,
17HEREAS, the City Commission, by Resolution-7Jo.-80-303,
dated April 24, 1980, approved the selection by the City
Manager of Ililbur Smith & Associates, Inc., as the most quali-
fied firm to provide professional architectural/engineering
services for said project/ and
WHEREAS, the City Commission, by Resolution No. 80-797,
dated October 30, 1980, authorized the City Manager to negoti-
ate the herein Agreement with said firm for the professional
and technical services required for the design and construc-
tion of the said project and requester that said negotiated
Agreement be presented for formal ratification and approval;
NOW, THEREFORE, RE IT RESOLVED BY THE: COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1.
The City Manager is hereby authorized to
�A 1Y :.::JiA!AISSION
t
execute the attached Agreement between the City and Wilbur
Smith & Associates, Inc., to provide professional and tech-
nical services for the design and construction of the pro-
posed Parking Structure in the Downtown Government Center
for an amount not to exceed $296,000, in accordance with the
terms, conditions, and provisions of said Agreement, with
funds not to exceed $100,000 therefor to be provided from the
Parking Capital Projects Fund.
Section 2. The remainder of funding for the herein
contract is contingent upon the City Commission's future allo-
cation of funds.
PASSED AND ADOPTED this 26 day of 'November ,
1980.
MAURICE A. FERRE
M A Y 0 R
,.,_.AZT E S T :
. �,% � C.. `'..- -^ . _. .` � • �__- �_.i� .� tom. i
CITY CLERK �—
PREPARED AND APPROVED BY:
JOHN J. COPELAPJf JR.
Assistant City Attorney
AP OVED AS TO FQ AND CORRECTNESS:
GEO E F. KNOX, JR.
City Attorney
!1
gI-no59
CI'"Y OF MIAMI. FLOR!DA
22 �4E,�iOR.A�ILVJM
' Richard Fosmoen °"'` November 19, 1980 "'•E
City Manager
s 1131 ECT Proposed Resolution Approving
/ Agreement with Wilbur Smith &
Associates, Inc. for Design and
Morris I 'aufmann REFERENCL9. Construction Of Proposed Downtow?
Assistant to City Manager Government Center Parking Projec'
E N4 LC�Ugf:g
Cn
.. It is recommended that the attached resolution be'
adopted by City Commission in its meeting of
_ November 26, 1980, approving the Agreement negotiated
E i by the City Manager and Wilbur Smith & Associates, Inc.,
o for professional architectural/eDaineering services
cv for the design and construction of proposed Downtown
Government _Center _parking project and authorizing the
City_ Manager to execute said Agreement in the amount
_- not to exceed $296,000, using $92,300 of the Parking
c.� a=o Capital Projects Fund to cover cost of the services
through Design Development Phase of the Work.
At the Commission meeting of October 30, 1930, the Commission approved
Ordinance No. 9191 and Resolution No. 80-797. The Ordinance transferred
the amount of $175,000 from the Capital Improvement Fund to the Parking
Capital Projects Fund, on a loaf basis. Resolution No. 80-797 approved
the selection by the Cit.. Manager of P:ilbur Smith Associates to
provide professional architectural/engineering services for the design
and construction pilc:ses of the Downtown Government Center parking
facility; authori."ed the City tlanac,er to negotiate professional
services agreement faith l•;ilbur Smith Associates for such services;
authorized t)lc Clt': .ianager t0 IlelOtl?te dny IIeCeSSaYy anC111aY}
service contracts; and authorized the City Manager to expend an amount
not to exceed $100,000 .or the necessary professional architectural/
engineering services and any ancillary services agreements, to develop
the project to the point of Financing it, using the Parking Capital
Projects Fund to cover the cost of said services.
The Agreement provides for 19ilbur Smith to perform all professional
architectural/engineering services for the -Project, including a
Basic Fee of $204,000 (or 5.5. of the estimated construction cost of
$4,800,000), an upset amount of $2,000 to provide all documentation
for a Complex Source Permit, if required, an upset amount of $20,000
to provide all documentation for a Development of Regional Impact,if
required, and a lump sum amount of $10,000 to cover suspension of the
project of more than (1—:0) i:c;•safter completion of the Design Development
Phase of the Work. The cost of the professional services to complete
the Design Development Phase is $92,300.
The proposeu resolution approves the terms and conditions of the
Agreement and authorizes the City manager to execute it and to use
the Parking Capital Projects Fund to cover said Agreement.
:dIK:bf 8 0 J
Richard Fosmoen
City Manager
1 % /
Morris I. Kaufmann
Assistant to City Manager
November 4, 1980 -'LE.
S"`'JFCT Proposed Resolution Approving
Agreement with Wilbur Smith &
Associates, Inc. for Design and
„ F!_* •E',ti,Construction of Proposed Downtown
Government Center Parking Project
IFIt is recommended that the attached resolution
_ be adopted by City Commission in its meeting
of November 26, 1980, approvinq the Agreement
negotiated by the Citv Manager and Wilbur Smith &
Associates, Inc., for professional architectural/
en ineering services for the desic;n and construction
of proposed Downtown Government Center parking
project and authorizing the Citv_ Manacier to execute
said Agreement in the amount of $ _ using the
Parking Capital Projects Fund to cover cost of
said Agreement.
At the Commission meeting of October 30, 1980, the Commission
approved ordinance No. 9191 and Resolution No. 80-797. The
Ordinance transferred the amount of $175,000 from the Capital Improvement
Fund to the Parkinq Capital Projects Fund, on a loan basis.
Resolution :•:o. 60-797 approved the selection by the City Manager of
Wilbur Smith Associates to Urovide professional architectural/
engineering services foi- the design and construction phases of the
Downtown Government Center parking facility; authorized the City
Manager to negotiate professional services agreement with Wilbur
Smith Associates for such s rvices; authorized the City ',ianager to
negotiate an,necessar•., ancill,try service contracts; and authorized
the City f•tanacier to c;:petlu cjn amount not to exceed $100, 000 for the
profession arctli-tectural/_nr;incerinq services agreement and any
necessary ancillary services agreements, inclusive, from the
Parking Capital Projects Fund.
The proposed resolution approves the terms and conditions of the
Agreement and authorizes the City Manager to execute it and to use
the Parking Capital Projects Fund to cover said Agreement.
MIK:bfr�-�..�/�
S L J
FG L L U',V
THIS AGREEMENT made this
by and between THE CITY Or M1AI•I1, a hluni.cihal Corporation of the
State of Florida, hereinafter called the CITY, and WILBUR fi1•tIT1I f:
ASSOCIATES, INC., hereinafter called the PRINCIPAL.
WITUESSLTH
WHEREAS, the CITY proposes to construct a multi -story
public'parking facility in the westerly portion of. Block 108N,
Downtown Government Center; and
WHEREAS, the CITY has programmed approximately $7,000,000
to finance the development, design, and construction expenses of
the PROJECT; and ,
111-ILRE11S, 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
WHEREAT;, the Commission of the City of Miami has by
Resolution No. 80-797, dated October 30, 1980, approved the
selection of the CITY MANAGER of WILBUR S1dITH & ASSOCIA'117S, INC.,
as the most qualified firm to provide professional architectural;
engineering services for the PRO,IECT and has also authorized
the CITE 14ANe,GER to negotiate an Agreement with said firm for
the professional and technical services required for Lhe PROJECT:
N01,1, T11Ell FrORI.", the C1Tj' and the: PRINCIPAL for the
cons idurutions herui n.,f Ler sot_ forth, agree and covenant., ono
unto, the• other as
SECTIUII I - I;I:UI.Rhh
A. The PkIIJCIPAL and the CITY are fully aware of Lhe
PROJECT schedule •rucluiroments and will therefore proceed with
all diligence to carry uut they 1,10Rh to meet such re!clui1e•e:1011ts.
The PRINCIhAl, shill proceed with all 11)pIicable dispatch in a
sound, economical, efficient and I)1-ofe:;:;iona1 mdnnr,r, incIu(Iinq
preparation of hhAS-iHg "n(I increment.ol bidding documc,nt:; for
construction as necessary, and sh.r11 cumply with the provi:;ion:;
of all appliclible Federal , State and Local. laws.
B. The _I'RINC111AI, shall perform the professional scr.vices
as hereinafter set forth and in general accordance with the
instructions of the CITY.
C. The CITY has budgeted the amount of $7,000,000 for
the total cost of the PROJECT, as follows:
1. $1,700,000 for PROJECT development services,
including:
a. Financing and legal services
b. Administration expenses
C. LUMP SUM FEE for the selected architectural/
engineering firm.
d. Surveys, soils investigations and related expenses.
e. Inspection, testing and related expenses.
i. $4,800,000 for construction of the PROJECT.
3. $500,000 for PROJECT contingencies, including 1.5
percent of the construction cost for art work.
D. The PRINCIP:-�L shall design the PROJECT within the funds
budgeted by the CITY for the construction of the PROJECT.
E. The CITY agrees to par and the PRINCIPAL agrees to
accept as pa,,ment in full for all. professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES thereof, the. LUMP SUM FEE of TP.'O HUNDRED SIXTY-FOUR
TNOUSA.ND hII :v0/100 D0',1,A1ZS subject to the availabilit%
of funds as outlined in SECTION' IX C.
F. The CITY agrees to pay an(l the PRI'v'CIPAL agree:: to
accept as payment in full for all professional and technical
services rendered, an outlined in SI C'I'Ii)N IV - I'ERIMIT`i'ING, S1;RVTCES
thereof, an amount not to exceed TWENTY-'11,10 T1100SAN11) `t!.W 10/100
DOLLARS ($:'2, 000.00) .
SECTloll' II - DEPIN-iTIOII:;
A. CITY - is hereby defined as The City of :•Iianti , I•'lorida.
B. CITY MANAGER - is hereby defined as tire- City : allaqur
Qf the City,
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C. DIRE:CTOR - is hereby defined as the director of the
project appointed by the City :dan:i(Jcrr.
D. PHINCIPAI, - is Ilore by defined as Wilbur Sin ith
Associates, Inc., UG75 Nl9 53 fit-.reet, Suite 210, Exer_uti.vc canter
Drive, Miami, Florida 331.66 (305) 5112-0037.
E. PROJECT - is hereby duf: i ned as the proposed h.+r k inri
Structure, Dowtlt'OtJll Government Cunt.er, Miami., Florirla, tr, I)( -
located in tho .,;estern portion cIt Block lOSid, Downto•:rl, ("over.nment
Center, hCUIldt?d on the north by 1111 2 Avenue, on the er+: t by
Dade County, on the south by NI-1 l Street and on the wc:,t by
NW 3 Avenue. The proposed I'arkirlg Structure shall con i _ t of
a multi -story parking facility designed for approximatoly 1,000
spaces and for approximately 22,000 square feet of retail. space
on the ground level.
F. ART WORE; - is hereby defined as the art wcr:: to he
provided based on the scope of the PROJECT as set forth irn City
Ordinance .lo. 8227 and Dade Cou;lty Ordinance No. 73-77. Vic
PRINCIPAL shall male every possible effort to have the art work
included as a h,,sic part of. Lht:, I'ItUJECT design.
G. WORK - is hereby defined as all the profess_.cn,,l
and technical services to I1c rendered or provided by tl:c 11PINCIhAL
for the PROJECT, as described in SECTION III - PROF ES�.C;Nz':L
a SERVICES hereof.
H. CONSTRUCTION C05'1' - is hereby defined as tu1-. iclt,il fiI111
construction contract co:;t of the PROJECT to the CITY 1. ,t i t steal 1
not include any PRTIICTI Ail' :. fees or speci Ill consultc:r:c ' :. rt .:: or
the cost
of any survey,
ley,iI , finatice, administrat c::
e 1 ::.imilar
service
and land acqui:;it.iorl
turni!.ihed by the CITY tt;
:.,+ co:;t. of
):urniture
or fur nishintl
oI un,,ttac:hud Oclui1-111Cnt pucc! l•
:. i !,;• tilt, C I T Y .
I .
Lt MI, ,U:! !•'1;1,
as tit(, ,tl.
if
money the
CIT7 attrc•u. Lc,
1>;,y arl,i tilt Pltl.:c.71' 11, aqr; t
t t 1>t. as
payment in
full for all
t.hr prcifc:;:;ional 111,1 tecllnirnl
.;t con
rendered pursuant. t.*-u till:; .1gr+'l`Itient-, t0 t:c)!A(11t?te tht. ►:; rllrtht'1
defined in S17CTIOII Ill - PROV '"; IONAL herec)" .
-3-
APE
J. DIRECT TECHNICAL SALARY E XI'VINSE - is hereby jef i tlecl
as the straiclhL-time port..ion of -Ind salaries :ci.l1. -�r.t Lo
Federal Incomo Tax of the
I'1?1,1-11,jL1,
technical
Person,:,
]
(Pri11c.iPal„ Architects,
I•:n,{jii oY
PIanner,, Desic{nrr:;,
Draft:,rten,
Specifications 1-1riterc and Te(-hnic.i,ln::) engac{ed (Ii.recf.t•,• un t:h,.
PROJECT. The DIREICT TECHNICAL SALARY EXPE;ISE ehargr!d ,�{ain�t the
PROJECT for any hclrsonnol., incl.utling PRINCIPALS shal.] nc,t- excer.d
TWL'N'I')' DOLLAHo ($20.00) PL•'I: E{ul"c: plus payroll burden which is
not to exceed T1iIRTY-Tt9n percent (:127,) .
K. EXHIBIT "A" - is hereby defined as the CITY'S program
requirements for the design and construction of the facility and
includes the Scope of Work, the Project Budget and the Project
Development Schedule, all attached hereto and a part of this
Agreement.
SECTION III - PROFESSIONAL SERVICES
The PRI':CIPAL 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 t•7ORK will relate only to overall compliance with
the general requirements of the PROJECT and whenever the term
"Approval by the City" or like term is used in this Agreement,
the phraseology shall in no way relieve the PRINCIPAL from any
duties or responsibilities udder the terms of this Aa,-eerient and
from using the best architectural and engineering services
and practices.
The PRINCIPAL shall, in the: preparation of P1,:n:, and
Specifications, and in Site InsE)ection, comPly with all Federal,
State and Local codes, orditl.-1nc:e:. and I-0ci111atioll i ,t L.;ittintj to
- the de:;.i9n and cony;truc:t:ion of t.11 P1:OJ1:C'1'. Attent;(—; iu irlvit.c�ct
to the Federal t7.� {c-f{our I,aw, till l::h-Act, T11v c`c•c'::t•,-1t.iona1
Safety ,Inrl H1Ml t11 Act., The Natiun.11 1:11v ironnlOntal Pc l i c y Act and
Equ,il Employi,,kent UI Pol-tunity Le {i 1:1t-ic1n.
"S U 0 r1 r) r) -rDOU
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A"
A: SCHEMATIC DESIGN PHASE.
During the Schematic t'hase, upon written
auLhorizat-ion from the CITY 1MA,'1A(1.1: t, the PRINCIPAL sh i.l l
1. Review EXHIBIT "A", ittachcd hereto, and any other
requirement::; of thu 111:0J1-:CT and shall conf ir:'1 ;urh
requirements to t1w CITY.
2. Have corrf(.r.ences with the CITY as to the Eut,cf..ional
requirements arld envii.onmental considerations,
aesthetics, structural flexibility, buildir-iri security,
emergency systems and initial cost parameters- for
various functions.
3. Determine the requirements for applying for a complex
source permit.
4. Determine the requirements for a Development of
Regional Impact (DRI).
5. Develop and establish the criteria of the PROD; CT,
confirm relationship studies, ascertain the C1TY's
requirements, inspect the building site anti discuss
with the CITY the purpose, general plans, scc,i�e, design
program and phasing the construction schcc::i.'•. c:.
6. Prepare Schematic Desian Studies, based on Lhc: mutually
agreed upon program, consisting of drawings anti other
documents illustrating the scale and relationship of
the PROJECT components for approval by the CITY.
7. Submit to the CITY a Statement of Probabl., Cc:nr:truction
cost bared on current area, volume and other unit cost.
8. CoordinaLe with CITY's other consultants reozirdinq the
Financing of the PR0.71::CT.
The CITY will coopor atc fully with the PRINCIPAL ill
establishing the par,tnt,Ler:_ of tlio scorn of Work whi cli t.i.iy be
con*-1tructed within the Proj(,ct. Pudrtet.
The Schematic t),-,:;ign Ph,i:;r: shall bo couiplet.ud wilt 'n the
CITY approvr--s all(.' iccepl s tho Schematic Desi(En Docurr.onta;.
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A. SCHEMATIC DESIGN PHASE
During the Schematic Phase, upon wri ttun
authorization from the CITY t• ANAGI;It, the PRINCIPAL sh it t :
1. Review I.XHIBIT "A", attached hereto, and piny uLI10t
requirement:; of thu I'ROJE.CT and ;hall conf irm :Muh
requirements to the CITY.
2. Have conferences wi Lli the CITY as to the fui;�-kiorinl
requirement:, and environmental considerations,
aesthetics, structural flexibility, building] security,
emergency systems and initial cost parameters for
various functions.
3. Determine the requirements for applying for a complex
source permit.
4. Determine the requirements for a Development of
Regional Impact (DRI).
5. Develop and establish the criteria of the PROJECT,
confirm relationship studies, ascertain the CITY's
requirements, inspect the building site anO discuss
with the CITY tI)e purpose, general plans, scope, design
program and phasing the construction schec:a', c:.
6. Prepare Schematic Design Studies, based on the mutually
agreed upon program, consisting of drawinc;s and other
documents illustratinc: the scale and relationship of
the PROJECT components f.or approval by the CI':
7. Submit to the CITY a Statement of Probablo Ccr::.truction
cost ba:,ed on current area, volume and other u►,it cost.
B. .Coordinate with CITY's other consultants roots rding the
Financi nq of the PROJECT.
The CITY will cooporate fully with the PRINCIPAL in
establishing the parameters of the Scnh•- of Work which m.►y be
Conrtructeri within thu Project Ilndclet.
Thu- Schematic Design Ph:,!;e shall ho completed whon the
CITY approv-.s and riccopt.;; t.110 Schematic Design Docuront:;.
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13. DESIGN DEVELOPMENT PHASE:
During the Design Development Phase, upon w r i tA.-an all thol•i zat:i
of the CITY and as ciirected by the CITY For the apprc,•r,•-1 rrlci ::cc opl
parts of the Schum,itic Design E'liase, the PRINCIPAI, S11..11I :
1. Preharc! Design Develol)rnent Doc:uments consi:.f i:,,t of
plans, elevations anti other dr:1aI.ngs, .-I lid vutl .ine
specifications, all in order to fix and illu:;trute
the size and character of the entire PROJE:C'I in its
essentials as to location, kinds of materi.+l, type
of structure, mechanical and electrical s,rsterns,
utilities locations, and such other wor':s as may
be required.
2. Submit to the CITY an Estimate of Project Construction
Cost broken down into major categories. It shall be
the obligation of the PRINCIPAL to pr.oducc a design
which may be constructed within the Project Budget
or any subsecuent revision thereof approves by the CITY.
In the event that the estimate of Construction Cost for
the Desic,n Development Prase is greater than the CITY'S
budgeted amount set forth in SECTIO". I C, herein, the
CITY may require the PRIN'CIFAL to revise t}:c Schematic
Design Studies and/or the Design Develo;:r;;ent Documents
as necessary in order to bring the PRINC_IPAL'S revised
Esti.rn.,te of Project Constructi�r; Cost �:itl;i:: t:hf
i ,Slr,y CITY's Project Budget. The work undert-O.-Ol: by the
PRINIC111AL in revisin(I the c?ocLim ents for the 11111 pc)scs
of meeting the CITY's Project Bud( -,et shall ho considered
as part- of the PRINCIPAL'S HA:,IC PRZO1'1;:`;ION,1}. SI3R`t'ICE.S
at no addition in fee to t-he CITY.
3. Submit cuml-1ot.ed Desigl: Develol)m011t
4. CC,UI i11 11 a te with thr: CI'!".1 othrrr cnIs" l.i ::nt:; rrct:11 Jig
the Fi n;:nci r1u of the
5. Tho PRINCIPAL shall indl.o 1 pr-. ,entat ion to a 1'1111 City
Commis:;ion of the Desicln Develol-rlent Dc,eutn 11t.s, UutliII0
Specification:;, Construction Cost Esti"1.1te:;, and render i::.l
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711
6, Th^ PRI14CIPAh shall revi ;e the Do!-,ign t
Documents and ot•hcr- ,locumint:; I (Iirec•tc•i by '_hc
City Commission.
The Design Development Phase shall. be coml)lete.'d ::i1. n t•he
CITY approves in,] aCCepts th- Uc!G L In Dev(?lopmon t
C, COINSTRUCTION DOC UI.1T:id'1':; P1fA.,7, ,
Durinq th#: Construction D1.)ctime t,ts Phase, upon ari+.trri
authorization of the CITY and in accordance with all thf-� approved
and accQptod parts of the Design Development Phase, the
PRINCIPAL shall:
1. Prepare construction contract plans and slec.ifications
and other contract documents and assist thn CITY in
preparing the general. conditions and sunl:ler:,elltar.y
general conditions, for the complete PROJECT. These
documents shall be in conformance w.ith all applicabLe
state and local laws and codes and shall inclurde the
working dra,.- inegs and specifications, acecu<:tc•ly setting
forth in detail. descriptions of material, woz }:manship,
finishes and ecuij.mont required for all arcllitcctur.al,
structural, mechinical and electrical work, specialties
and equipment and site improvements.
2. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost whiuh may be
indicated by changes in scope, design, rC�qui.rCr:rents,
market conditions, or. otherwise.
3. Furnish the CITY with Final Estimate of 1'ro'joc:t
Construction Cost, based upon the complr•toi.1 ,orking
drawings and specifications, broken ,lo.:r1 ir;to major
catog oriv... The Pill r:CjPAI,' S Est im;lto.. o 1•1 C. ,,:Ct
Con;,trIIC1.j,J:I CO';t 11,111 be conStrll0(1 .111 1llt (-)r•m1 d
prof c:;:,i un.11 opinion and the CITY will On it as a
rcaeonahlc• appioxic1:1tion of 1)ids to ha rt•c•:•.iv•.u.
4. See th,it ill cc)n:,t.ru:•t ion contract plan_ inn
Spec if.l(-.,1tion:; (::Orkinij Ar•iwln,js and ,p,, jf i ,ltlulln
I)c..-►r tho seal of oiLht-r a Fluri.la regi:at.•rt• .i i)roi cssi ona 1
architect or en,inci-l- .in-i th it t_h• of I,rof(:'j :i0n.l1
resI)ons.iI) Le for Ina jc;r t;c;t t i.on:; of uac� It :;(:1),1r At-'-!
specialty of the l•lc.lkl: ripj)-_,ar ,rl the ronr; t.r a<_ i i qn con'
plan:; and spccific,_ltiuns.
J. BeCdtt-so of the C?'l,Y0`; vc)nuorn for ero,rrly COn �_CV,ati�n,
it shaII be fully undert.ta,lt the I'itl:WTPAI, steal i
pay particular attention to thc: desirin:; of all ner,:y
systems rec,u.irecl far the. I•ROC J11:C I' Wi th F.rnl,llr,:;i:. towar,lr;
conserving energy. Particular attention staall be
focused on the different use:-; of the I'PrijECI' and the
different demands for ait cundi.tioninq, lighting, etc.
6. Conduct all necessary dry -run checks and assist in
obtaining all necessary permits from all governmental
authorities having jurisdiction over the PROJF.CT. The
CITY will assist the PRI:aCIFth by expediting CITY 's
procedures for this purpose.
7. Revise the construction cer,t-ract plans and specification:,
and any other written retort or written document, as
recuired, to conform. %%ith codes, regulations, rules,
etc. , governinc the Fk0JI:C'I .
8. Submit the completed construction contract plans and
specifications to the CITY for a complete and detailed
review and approval.
9. Deliver to the CITY the completed master set of
construction contract plats and specifications and
other related parts of the construction Contract:
Documents in reproducible forth.
I'll(-, Construction Ducurient I'h;i:.,t shall be con:;i.t.10r011 Cmt'l0t1'
on the day the CITY executes a Cu:;st.ruction Contract. for the'
construction of till_: 111'0,JLCT, but, ill no cra:;c l:ttcr tll.lrl ninet v
(90) c11-1y:, f ron the da ti- of by tho I'It i NC1 I':'1I, to tht•
CITY ot: the cut•lt>luted Con:;eruct iuil Cotit.racL plan.,; and
specification:_ rrady for con:it_ruct ion hi,1::.
b. BIDDIZTG PIIASE
1. Prepare any
add�,nda, with
accompanying drawin,;:;
or othc-r
material as
r.equirod, and
:submit oriclinal of
r,:rc_h to
the DIRECTOR
for approval
and sicjnaturc: after
which
the DIRII'CTOR
will furni:;h
a copy for eacl-, :;r!t.
of
contract documents hr. ep,ired.
2. Assemble and furni.sti the CITY MANAGER data for
publicity releases.
3. Tal:e part in pre -bid conferences with CITY and
prospective bidders as required.
The Bidding Phase shall be considered completed on the
day the CITY executes a Construction Contract for the constructior.
of the PROJECT or ninety (90) days after receipt of bids whichever
occurs first.
E. CONSTRUCTION PRASE
The Construction Phase shall commence with the, award
of the Construction Contract. During the Construction Phase,
upon written authorization from the CITY, the PRINCIPAL shall:
1. Ida}:e at least twelve (12) periodic visits to tide site to
familiarize himself with the progress and quccl.ity of the
work to determine that the wort: is proceedinc, in accordance
with the Contract Documents and to submit his observations
to the CITY in writing within five (5) working days
after each visit.
�. Assist the CITY in considering and evaluating any
5
lr ' V ' suggestions or modifications which might be submitted
by the Contractor for the CITY'S approval.
3. Assist the CITY in matters relatinq to the interpretation
Of the Contract Documents.
9. Furnish arty additional detai is or information whoa
recluir(Iti it the joh site for I)roper exucul ion of the WORK'
5, Assi::t the CI`1'Y' ;Ind mal:c- wri tt.crn recormienki.,t i.o -t; to the
CITY ark m.rtters pert:,ininy to the Contractor's I)rohosOd
chanc3,-s in matt.-r ial:, alnd c'du i I;r;icnt, method:; of
construction, and chan,les in 1,1,ln.;; and on ^tatters
relati.nu to extra work ordor�; and :.uf,i:lenr.n,t,rl agrecm :;'
6,
Review �;11,,1, ,rid wnrkin,l (I raw in,1:3, sample!� arr,.l other
submission:; furnir;hod by th,: Contractor for corn1,J.ianc:
with the Contr,,rt Documents; retain a copy of s,Iid :;h',i
—
and worki n(-1 drawi.n(lr;, sample:, and other sub;rission:.;,
-
for permanent CITY records.
7.
Review ali tesL reports required by the Contract
Documents anci provide the CITY with written evaluation
of such test reports.
8.
Witness all tests as may be required to be witnessed
by the Contract Documents and provide the CITY with
written evaluation of all such tests.
9.
After substantial completion, make a list of items for
correction before final inspection, and check each
item as it is corrected.
10.
Upon request by the CITY PROJECT DIRECTOR, attend
and report to the CITY on all required conferences
held at the job site.
11.
Assist the CITY in matters relating to the Contractor's
schedules and requests for progress payments.
12.
During the course of the WORK, advise the CITY that
all guarantees, certificates, operation and maintenance
manuals, keyin,i schedules, sp:cre p:,rts and other item,
that have been specified in the Contract Documnents, ha ,
been submitted to the CITY by the Contractor and thOSC
items meet the reduiremrrnt>, of the Contract Documents.
13.
Furni h to the CITY witlr.in thirty (30) ,iays after
Completio;i of the Connti:ucLion ph.ises of the I'ROJLCT,
the or i,;.i na 1. repro,luci 1,1, dr.,�. i nd:; of the Cc�n:.truc t i o:;
Contract 1 l,,n:;, revi.aucl to if ill c.•tn:,r,1tes or
modi f i caL i un:; to the de:;iyn made duri n(l the
Construct ion Phase.
-10-
C
At the coml)letiun of construction of thr! PP.O.JI.C, , `he
PRINCIPAL sha1 1 deli vt,r to tllc CITY wrr i t.t !rl ccr ti f i c_,i+ i r;,n
to the best of. thu I)1t.IIICIPAT, ' S T.now Ld(j- the TIP 0,7LC'I Il.l'. been
cons truc tud in accordance wi tt! CITY 11) 1) 1 ovk!d con:, t r i ,.11 pI:In:
and spec ificati.ons )nd CITY ippr.oveci r;h,tntjn orflo!r.::; on,I :;haI I
furnish such other written certi f.icote.,; �1:; moy her rt�%lu1.reld b•;
law and regulati.on:; applicable to th,., I'R()JEXT.
The Co1i:;tructian Phase sIia.l1 b(2 e,om1)1eted wheal the
PRINCIPAL has deliv,2red the aforesaid certificates, including
"as built" plans, etc. , to thu CITY; and the City Commission
has accepted said PROJECT.
During all Phases, the PRIM rIPAL shall act as hi-, oan
representative to the CITY in all matters pertaining to the
PROJECT.
The CITY will expedite its procedures and render timely
- decisions to assist the PRINCIPAL in this phase.
SECTIO: IV - PFR,'-1ITTI:,G SERVICL..
The PRINCIPAL in close coordination with the CITY shall
perform the follo•:;irlc permitting services where rec,l,i.red by
authorities having jurisdiction over thu PROJECT.
A. Preparation of all documents required for a Complex
Source Application.
B. Preparation of all documents required for a Development
of Regional Impact.
SECTION V - CIT'i' S SERVICES AND RESPC.NSII3ILITiEs
The CITY slial l furnish the PRINCIPAL with the following
services and information from exiLitinq CITY record:; <inci CITY files:
A. The CITY shall. provide information recjdrci.inc: its
requirements for the PROJECT.
B. The CITY shall furnish a Cc:rtit icd hand Su: vcy of tho
site givinrl, a:: 'Applicable, yrad(,::; Ind l inus of , t l . ,`t
pavum�!nt:; and ,ldjoini►l,l prol)L'rty; r3rtllt of way, ro!;ti i.
Ca:;e[t18!lt:i, eltCrU:1l 111AL'nt::i, ZOltl.11,j, dood restrictluti:.,
and contours of the site; locations, di.monsions an,t .l.tta fron
existing records on file in the Dop,lrtrlent of PuLlic `Viorks of
the CITY pertaining to existing hui.ldi;i,;s, other iT r:r��verner.t;
and trees; and infoi-m,%Lion (-onc,,rnin,; ivai.11.lble Tscrvi1— "Lil itV
lines both public and priv,_lte.
C. If the CIT'; I'Itt)JI;CT t)iREC'I'titt ob:;crves or ha.: hcen
notified in writ.itly of �lny fault. or r}efcct in the PROJECT
or nonconformance with the Contract Documents, prompt e.ritten
notice thereof sh,111- bu givr+n to the PRIIICIPAL.
D. The CITY shalldo all reproduction and binding of the
bidding and construction sets of the dra,.-jings and sl:ecifications;
and loan all existing and applicable CITY aerial photo(jr.aphs.
E. The CITY shall appoint a PROJECT DIRE•CTOim, to act as
liaison between CITY and PRINCIPAL, and the PRII:CIP:.L
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 PRCJ`.:.'CT DIRLQTOR
to do so. Nothinq contained herein Shall relieve the PRINCIPAL
of any responsibility as provided under this Agreement.
F. The CITY shall furnish a1.1 required testinc- necessary
for the PROJECT, includinr-; core boriny!�., test pitL, structural,
mechanical, chemical., soil., and mill ann laboratory tests, and
the services of a soils engineer or other special consultants
when deemed necessary by the PRI:dCIPnL;
and the PRIi:CIPAL
shall be entitled
to rely upon tht_ accuracy,
completeness, anC1
competence thereof.
1.
G. The CITY reserves
the right to
retain the s,-1 ices
of a Professional
Quantity Surveyor to
prepare Detai loci
Construction Cost
Fsti.mates bared tipmT
the Design Development
Document 2 and the
Cmi:;tructicn Dor-ii -- nt:
s.
SECTI0I1 VI
A. Fosurvives f oT file
$Ch�lin�ttlC t)u:sl.yn I'h;1:;t�, 1)�':;ltlll I)vV�•1��}�1T1eIlt. h11.1:T1', Ilt.lt1111r7 I'll:,.:t',
Co n r, t r u c t i o r. 1Jt,L:Unit•itt 11ha:;t' and Cl1n:;trUC'tlo11 Ph.1s0 0t tItU
PROJECT, as ou.t l inl• i ill :iECTION Ill hi. -roof , tho CITY ,Tree_;
to pay, and Lh- PV1:"C1PAL atjret'G to .1CCe11t, LIS a 1111 I,ajMorlt
-12-
for his services the LUMI, 1,-;1),1 FEE c)f TWO HUNDRED
THOUSAND AND NO/LOCI f7U1,Le1R: ($;'�,•1,000.00) which PEE' ,,i l l
herein,ift-er be called tho 11A:;1C PrE. Th.i , Paymc-nt wi I I hr.
made monthly in propc,rt.ion to tIt(, _services per formc�ci :;u that.
L-ho com},c.tlsaLion a thc: cot'll,lf,t_ir)n of each Pha:;,- ;h.-i11 rrquilI
the fo1.lowing percent-acles nn;1 imount:s of the total }3F,c; IC FEf.':
ACCUiMULATLD VALUE OP HA i C I'FE
AT THE END OF PHASE, � $
1. Schematic Design Phase 15.0 39,500.00
2. Design Development: Phase 35.0 92,300.00
3. Construction Documents Phase 75.0 197,600.00
4. Bidding Phase 80.0 210,800.00
5. Construction Phase
a. Shop Drawings 90.0 237,200.00
b. Contract Administration 100.0 263,500.00
6. Rendering Lump Sum 500.00
B. For professional and technical services for
preparation of documents a:; outlined in SECTION IV hereof:
1. Cotaplu Source- Ap,plic it -ion: An amount not to exceed
TWO THOUSAND AI4D NO/100 DOLLARS ($2,000.00) .
2. Development of Regional Impact: An amount not to
exceed T% ENTY THOUSAND AND NO/ 100 DOLLARS ($20,000.00) .
Payment_: for permitting services will be made monthly in proportJ
to services performe l , based on Direct Technical S ;] ary E;:1-71e171sc'
times a factor of t w u and c)ne-Ita1.f (2.5) of a c t u a 1 niaiio11rs
expended by the PRINCIPAL, but. in no event will the actcir-egate
amount for either of the porrtit:ting services excood, tl:(+ upset
limit: indicated herd;)above.
C. in t.11e event t hal. the PROJL'CT is con -strutted by the
use o! mu 1 t itll1-� Coll:,trur. t. i can contracts, (increment ,11 1, : ci;li n,t) ,
then the: BA::I(' I'Ll" wilt I)c I.rn},�rtionc?d during t11. v,�ri.,u::
phases of Wol K ill :1ccurd;Mc:c! wi. th the estimated c ott::truc Lion
Values.
01 ;
i
stx,rior; V1I - SCHL:DULE' 01' ORY
The PRINCIPAL agree:; th,it time is c)f tl'te ess,•nrc� :tncl rttr ! I:,..
agrees to execute the WOIi : I,t omhtl v, d i l iqunt 1 y :ind
and in strict. c:onformancc with, specific author i znt i<�t, from t.h-
CITY MANAGER in wr i.ti ncl. The• Projrrt Longovi t:y :;chc lui e, a pal'
of EXHIBIT "A", was develol,r.d by br,th parties and inclic rates
reasonable estim.ites of the times required to accomr-l.i:;h each
of the nhaser, of WORK as described hereinafter.
A. SCIII•MATIC DESIGN PHASE'
The PRINCIIIA1, shall complete the Schematic Design Phase
within Thirty (30) calendar days after written authorization
from the CI'iY MANAGFR to begin WORK on this Phase.
B. DL;SIGN DL:VELCPMENT PlfiiSE
The PRIiICIi'AL shall complete the Design Develop-ment Phase
within Thirty (30) calendar days after written authorization,
from the CITY MANAGER to begin WORK on this Phase.
C. CONSTRUCTICIa DOCUMENTS PRASE
The PRII;CIPAJ, shall complete the Construction Documents
Phase within Seventy-five (75) calendar days after written
author iZati_on from the CITY MANAGER to begin WORK on this
Phase and in any event no later than April 17, 1981.
D. BIDDI14G PEASE
The I3id.i_1 Phase is expected to require Thirty (30)
calendar days, if only a single bidding is used.
E. CONSTNUCTIOU PRASE
The Construction Prase will commence with the awarci of the
first
Construction
Contract, if
incremental biddinc; it used,
or
of the
Construction Contract,
if a single bidding is used,
and
shall
b,2 compl etod when all
of the• following c nn�i.i tic�tt:� havo
been comb It: Lod
1. The PRINCIPAL ha:; delivered to tho CITY t:ri t tc n
certification that tilt! PROJECT IIA!i I,r•c!n con:;tructo,l in
accordance with the CITY altl rovt�d Conti -act Ducumont �;,
includi.n,3 all sl)lJroved chan,jo orders. .
2: The PRINCIPAL has cieliverod 'If) the CITY ur:h othr..r
Written certificates 1:; In;iy be required by I.aw lnd rc,tlulatio;
3. Thr. PRINCIPAL has delivered to thy! CITY "AS-I'Tl.ilt"
drawings as required under SECTION II.I E. 14.
4. The City Comini;sion has accepted the PRU.i,;CT by
Resolution.
SECTION VIII - ADDITI0,4AI, WORK AUTHuRIZE'D BY '1'fil. CITY.
The CITY reserves the right to authorize the PRI,.V II'AL
to provide additional services for this PROJECT, if found
necessary by the CITY, in which case the fees for these
services will be on a negotiated basis.
SECTION IX - TERMINATION AND SUSPENSION OF AGREEM,-ENt'
A. 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 PRI..CI_,AL- shall
be paid for services rendered in each completed PEASF. prior to
termination in accordance with SECTION V FCR
SERVICE'S, provi,ri ed ho,.sever that the PRI IC IPAL is not i n default
under the terms of this Agreement. If, however, thu termination
of this Agreement occurs during an incomplete Plt;,: i,, then the
PRINCIPAL shall be paid at the rate of two and one-half (2.5)
times Direct Tecilriical Salary Expense for those serviiccs
rendered ill such incomplete PHASE provided that tho PRINCIPAI.
is not in default under the terms of this Agrccmtnt. In no
case hciwever, will the CITY pay the PRINCIPAL a :,rL,-Ler amourit
for an incomplete PHASI: than would have been paid li.i(i the
termination been m.ide at tilt, cor;;pletiori of the I hil.".L.
13. In the event_ of termination, all doc1j1;1t1l;t.::, Ill inn, etc.,
as set forth in SE'CTI0': X1 - O:;„Li:.;IIIP OF DOC...'I:N';. !;Ii,iII bucotar
tilt, I)rolpt;rty ot. t11--ClT'Y, With. h. the 5.1111e provision • 01 11:,e .1:' set
fol: th in said .-;ECTION :I .
C. It i:; utldol-:;Lond by truth I)artios that .at the, time of
execution of this. Atlrvement fundinq for this AtIioomollt is
-15-
limited to cover WORK only through the Design Development Phase
and that the CITY is in process of raising additional funds
either through Bond Financing or other means. In the event
that the CITY suspends the WORK after. havinq approved and
accepted the Design Development Documents as provided for under
_ SECTION III B hereinabove, for a period extending over one hundr-1
twenty (120)calendar days, and then authorizes the PRINCIPAL
to resume WORK on the Construction Documents Phase of the
WOI:K, the PRINCIPAL shall be compensated for his demobilization
and remobilization expenses. In such event, the CITY agrees to
pay and the PRINCIPAL agrees to accept a lump sum amount of
TEN TIIOUSA14D AND NO/100 DOLLARS ($10,000.00) as payment in
full to cover PRINCIPAL'S expenses to stop and start the
a
PROJECT. In the event that the CITY COtdMISSION allocates
additional funds prior to or during the one hundred twenty
day suspension period, and the CITY authorizes the PRINCIPAL.
to resume 1•.ORK under this Agreement, the PRINCIPAL %•rill not
be entitled to any compensation for any delay.
SECTION X - PRINCIY:�L'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. Architectural
B. Structural
C. Mechanical
D. Electrical
E. Landscaping
F. Civil
_ G. Space Planning
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 t,hu CITY. It shall be understood that the
PR114CIPAL is in no way relieved of any responsibility under the
-16-
teams of this; Atlrer-mr�nt by virtue of an,• other prof —;,, i on.i 1
who may assr)ciate wi t.h him in per. for.ni nit the
SECTION XI - AI)DTT1O:Ir1F, RE'SPOW;IL'ILITII-
The foil r)wi rt(J i rui c:lsion.il services
•:ind work
by
t he
PFtLIdCII'r1L shall not
be cnn-idcre,? oxtra
ser111r:c :t
hilt
on the
contrary shill be r.onsidert:d
Hirt of the
WOPF: of
thy:
I I<INC IPl. L.
A. Rev i::e till'
Construction U()(--umc.ntt;
Phase
-Ind
Construction Plana
and sPecifi.cations to
rcducc
t.},c
(:c,::t of
construction of the
PROJECT to the final
budgeted
or
CITY
approved amount for the construction of. the PROJE,:l, if. the
amount of the lowest acceptable bid received by th,�c':T'rY for
the construction of the PROJECT is in excess of the final amoun'_
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 Develoc,-nent -
Documents and Outline specifications are approved by the CITY.
SECTION XII - O�'.'i:`r::: '??IP OF DOCUMENTS
All tracing:-,, I)],,nF•, drawings, specifications, field books,
survey information, maps, contract documents, rCT)02'LS and other
data developed as a result of this Agreement shell become the
,•_f f
property of the CITY without restriction or limitation on their
use. It is further stil;ulated that all information developed
a s a part c,f the PRO,J1.CT shall not be used by the 11HINCIP�1L
without written consent of the CITY.
It is further un;ierstood by and between the part.ies that
any information, maps, contract documents, reports, t.t.tcing,
Plans, drawinrl:,, _;1)t•cii icaLjun.;, books or any other m.itt.er
whatsoever which i , qi vr2n by the CIT'I to the Ntl .0 I PAI, 1-)11r::ua11t.
to thi., Agz-(eemorit wh.ill at. all tim,-,s reinain th•- pi pp,.•rty of the
CITY ar).l sh.111 110L he used 1)y L11 PItINC1PAI, for my t)t.ilcr
I.ourpO:;v wh:) t,-;Oo% -'r without th - wrl tton consentof t It,` CITY.
It i5 f11rtA101- uc,drrstood tit.it no Dress re as,:: of
publicity is tp Lo is!,uod 1,y tho PRINCIPAL without prior
auh:littal to th,! CIT'1 and writtLin i1)I;rova1 frot tl:t G1`i'i',
-17-
SECTI() N XI II - AW;kR1) OF A G R H T-::-1 E N T
The PRINCIPAL w,lrrant.s that he h,1s not emltloynd or retain'�'l
any company or per!,on to solicit or :secure thi:, A(Ircernrrrt,
that he has not paid or a(Ire(?d to p(iy any cr)m1)(rtly or i)cr:>on
any fec, commi:;sioii, percent-aqe, i)rr fe!Q, C)r (}ift^ or
any other considerations contingent: upon or resulting from
the award or malting of this Agreement.
The PRINCIPAL also warrants that. to the best. of: his
knowled,te and belief no Commissioner, Mayor or other officer
or employee of the ) (IT'i is interested directly or indirectly
in the profits or emuluments 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 PF.I:JC IPAL is aware of the conflict of interest law
of both the City of Miami and bade County, Florida, and agrees
that he shall fully comply in all respects with the terns of
said laws.
SECTION XIV --EXTENT OF AGREEMENT
Thi3 Agreement repzesunts the entire and integrated
Ayr( ement botween the CITY and the PRINCIPAL, anti suporcedes
al prior ne(;ot-iations, r.epresentationn or Agroon-,oriLs, eithor
written or oral Thi:: Agreement may be amended .only by written
instruments by both tho CI'i'1' and the PRiNC1PAL.
Sl (*-'1'IO:J i;V - SUCCI:
The PRI::CIPAI, :1i,ili :n.11:t no t:;:;i lnr:rent:; or tran:.rt•r of
a-:;sjgtl (fir tr:insfor an.,' fart. of th(`
WORK uiolor thl:: without thf, wrltt On Cein celll of the
CITY. Thi:, A(Jreeriolit :;ltrtll 1>t� bitldiliq upon the p.trt i(s herc tu,
thoir heirs, r-extic%It UrS, J.ey,11 representatives, succo!;sors and
assigns.
SECTION XVI - TRUTH It3 i11:C+OTIATIONS
The PRINCIPAL h,2rf-}hy curt.ifi"s th-it wa(1c rates ,)rid ot.11t?r
faetua]. unit coact, support.in,j thu compun!-,at-.ion are accut-,lt ?,
comhlctc and current at the ti,,)(! c)I r.onLrac:t:ing and th,lt tllc'
oricjinal contr.,ict price! zrlcl ,iny adclitivn> thereto !chrlll hc?
adjusted to e.xclodu any significant :;utn when, the C1TY
determines the contract price w,is increased clue t6 i.r).l�•cltrate,
incomplete or non -current wacje rate and other factual unit
cost. Such adjustments J}lall be made within one year
following the end of the Contract.
SECTIO:: XVII - RIGHT TC AUDIT
The CITY reserves the right to audit the records of the
PRIZiCIrAL 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 thQ payment of the LUMV SUM FEE under SECTION V
herein, enable the PRINCIPAL to earn a profit or more than
TWENTY PE CE;711' (207.) of the LUMP SUM FEE. At the time of the
final increment of that LU.'P SU;•1 FEE is due to be paid by the
CITY to the PRINCIPitL pursuant to the terms of SECTION V herein,
the PRIdCIPAL shall submit to the CITY a certification of his
total costs incurred and profits reali:-ed in providing the basic
services as outlined in SECTIOt7 III herein. If such
certification indicates prof its in excess of the• maximum set
forth above, the PRILNCIPAL sha.11 simultaneously remit. any
overage to the CITY. The CITY reserves the right to audit the
books and recor,ln of. the P12iIICiP71I, and (:o Icljllst tll,, amount
of any such ropayment in th,, lirilit- of said audit. In
Calculatln,J Llii' total ro';t�; inc:111-10d 1_)}' rl10 PRINCIPAL','; own
staff, the 1'I:I:i I II'itl, ;}1:111 11Sl_ 1 1:C!'^Clll:..l,lt' O\'t'1''tW.l,i 1111)l ii"l t.C)
tll,? DIRECT T1.('II;11CA), :;AL;;K'i I::;i'1:II:'I; 1:; defirled in
herej11. Th,! percent-ligo uv(,rlio,1,1 S11,1I1 1)0 Oki ual t:c, ti)c actua;
percentage ovor-h)r.)t? 11r?rt:lilliliq for. all PR1t1CIPA1,'S %';ork
in thu last twoly„ (12) month perica procediny th,` .;at.c? of
f
this Contract for which data arc available:. All services provided
by subcontractors to the PRINCIPAL :;h:ll l bcr included at. the actual
cost paid by the: PRINCIPAL and the I r>t c nt;,1c overhead
SECTION \VIII - Itli[1T:11it('I: ANU IiJL`L':i1tiTT'1(:i�'I'1O;I
The PRINCIPAL shall. provide i n!;urrince as required hereinhe Lr :•;
prior to commencing work in this contr;Ict.
The PRINCIPAL shall indemnify Inca save the CITY harmle:is from
any and all claims, l.i.IL.i.lity, losses and causes of action arising
out of error, omission or neyligent ac.t of the PRINCI'),hl,, 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 terms of this
Agreement the following insurance: ,
A. Public Liability lrisurance in amounts not less than
$300,000.00 per occurrence for bodily injury and $50,000.00 per
occurrence for property damace, said insurance shall include
contractual liability coverage. The City of Miami shall be named
as additional insured.
L...e
B. Automobile Liability Insurance covering all owned,
nonowned, and hire vehicle in amounts not less than $100,000.00
(, per person and $300,000.00 per accident for bodily injury and
L $50,000.00 per accident for property damage.
U y C. Professional Liability Insurance in a minimum amount of
V $1,000,000.00 covering all liability arising out of the terttts of this,
Agreement. Thc• City will not accept a Claims Made Policy.
D. Workm.elt':; comp (2n:;.It:ion Insurance in the :,t;,tu.,tt)r'y am punt:,
They insurance a rerluirUd :,h;,l l i nc•lucle those- l,t::r, i f i cation,;
as listed in standard li;thi1.ity insurance manual:;, which mc,:;t 11c�ar1
reflect the ol,cr.,tions >f the, PRI: C 111AL..
All iitsur..,nc(- 1)0lici0s S11r J1.1 b0 iSSUod by cor:ip;,n. A ;
dULhArl:lti t0 ii() LUS1Res:: Ui,'ol the 1, w; of the St.atc nt Ploridt l;
anti which art, a,, -proved accor.iiriy to sped' ications o2 the
Prol,erty :•tan.,,;cr of thu CITY.
The PRINCIPAL shall furnish certificate of insur.,nr.e to
the CITY prior' to the commencenienL of oporntioti:;, l' i1:11
certificate:; shit11 cItrirl! indicate that the PftIT,W'lPi%L tra:�
obtained insurance in the tyt)c., amount and cla!;s i.fi c.,t iun • rrr
required for strict compliance wi th thin; Section rrt,d 1-hat nu
material chan90 or catic ellation of the insurance shitll he
effective without the thirty (30) days written notice. t-u the CITY
Compliance with the foregoing requirements shall not,
relieve the PRINCIPAL of his liability and obligation:; under.
this Section or under any portion of this Agreement.
SECTION XI:{ - RIGIIT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the DIRECTCR 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 DIREC.'Oi•:'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 PR1';CIPAL does not concur in the judue:::ent
of the DIRECTOR as to any decision made by him, the Pr:lIJCIPAL
shall present his written objections to the CITY and
the DIRECTOR and the PRINCIPAL shall abide by the derision of
the CITY MA11AGLR. Adjustment of compensation and cor:tr;act
time because of any chan,les in the WORK that might bccoeao
necessary or be deemed desirable as the INORK that might beco::ie
necessary or be deemed du:;i rab.l (_: as the WORK hront i ::r shall
be reviewed by the D1iWCT01'Z and the CTTY MANAGER an.l siibmitte.i
to LIio CIT'j CON: ti:..;ToN fui. ippi ova I I.
X — iJi�: —I)T ;Ci:l'difJa'l'Ic :J
A. '1'11(r PRINCII M, :;hall nc,t discr iminato ay.titn:;t any
elliployee. or applicant fur employmont: bocause Of' aact., Color,
religion, .sex, or nation.tl origin. Tho PRINCIPAL, shall take
affirmative .action to Ern nut„ that applicants are crwJoyod,
— 2 1 —
and the employees are treated ditr.ing e.mi,loyr:t�nt, wit"Inut
tegard to their race, color, rel iction, sex, or n•Itiun,ll ori.cjin.
Such action shall inc:l.itde, but not- I)o 1 imi to (I to, t.h(, Fol IOwin'j :
Employment, upgract.i ny, demotion,or transfer; rocru i tl,lont; or
recruitment advert.i ;i.11 j; layoFf or t-ormination; r.:,tr':. of pay
or other forms of compensation; and sclect-ion f.oi: t.raining,
including apprenticeslzij.. The PRINCIPAL .lcjrccie. to t•v:;t in
conspicuous plac:us, available to emj�loyces and for'
employl:lent, notices to be provided by the Personnal Officer
setting forth the provisions of this Equal Opportunity Clause.
B. The PRINCIPj,I, shall, in all. solicitations or advert iser.(er:t.
for employees placed by or on behalf of the PRINCIP7tL, state that
all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or
national origin.
C. The PRINCIPAL shall send to each labor union or
representative of workers with which he has collective bargaininq
agreement or other contract or understanding, a notice, to be
provided by the agency Personnel Officer, advisir;a the labor
union or workers' representative of the contractor's
commitments under thi- Equal Opportunity Clause, ano shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
D. The PRIijCIp:;I, shall comply with all provision:: of
Executive Order No. 112.16 of September 24, 1965, a:• az:: n.ieel by
Executive Order No. 11 -175 of Octob(.,r 13, 1967, an:i ()f tile. rule':.,
regulation:; and relevant orclors of the Secretary of Labor.
1 . The 11RINCIri:i. shall flirnish all inforriatioll ;;nd repo is
requirod by 1xecut)v(' i)r;it'1' tj0. 112-16 of soptt'not"- -.1, 1i11i�i,
a5 amur(dod by Exe( tlLi'. 01-dor No. 1.1 �'75, Of C1c'l(.. 1. , I
= all(] 1)7 tll(' rult.:;, allcl nr,it l` OI t.ht' I l'i': t •t( } [)t
La})Ur, [)i" jAirsuatit, tt( '!'(.t.n, and will j-'PIAli t:
rLICOrd} ; and accolltlt:I by the coat!-,tcl my aj(tic,' in•: tit-,
Secretary of Labor for t,urpnst:s of lrivt%Stigatior. tt; 1�., t•rt,(i!.
cortj.liallct' `.ait}; sueh rule:;, i'egui.itiull:; and orj, .
_22_
�'. In the ('Vent Of the I'RSiC11'i1L�.; non comj,llli((.F? 'n7th the
8qual opportunit1 clause of this contract or with my of said
rules, recjulat.iuns or order.,;, thi -:; contract may be C (nC(`I('d,
terminated or suspended, in whol(. or in part and t.hu PR1NC:1PAL
may be declared in(:?1.iclible. for ftirt.hcr CITY coat-r ict•; in
accordance. with procedures authorized i.n Exec utiv(. or(Ivr. Ho
11246 of September 24, 1965, as amended by Executive Or-i(,r
No. 11375 of October 13, 1967, or by rule, regular-i(,n or order
of the Secretary of Labor, or as otherwise provided by law.
G. The PRINCIPAL shall. 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 2.1, 1965, as amended by Executi ,-e order
No. 11375 of October 13, 1967, so that such provisions will ,be
binding upon each subcontractor or vendor. The PRINCIPAL shall
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, ho.ver that in the event the PRI :CIPAI, i�eco:nes
:e
involved in, or is threatened with, litigation wit], a subcontracto:
or vendor as a result of such direction by the contracting agency,
the PRINCIPAL may request the CITY to enter into such litigation
to prat+_ct the interests of the CITY.
SECTIC:, XXI - C017SULTANTS
The CITY hereby approve:; the following firm t:h:i.c h the
PRINCIPAL proposed to engaye to Provide consultit,(: s;crvices for
the PROJECT, a subcontractor to the PRINCIPAL:
Arr,hit(?cturr,l Servicei3:
Bouter:;L• , fore:. an:'. Architects
1441
-1313l (3O5) i5tt-2:11
Archi toctural Sery icos:
St.res,,u, Srnit.l; „ :�tres.,u
1601. Saint Ar,-irews Av(•nu(?
F'lori.l,, 33351') (305) 944=155
3-
CL)f, t Cori si 11, t i tir,, :;t!r-,r i
J. A. Coti,.Ion ', A:-;sociat-o.,;
208 S11-: 12 Street
Pt. Lamlord,-ilo, T'Ioi-id,i 33.316 (3u5) 949-65"P�
The PRINCIPAL :;Ii-ill rui-iii!-,li tho.� CITY with a !,op'; of the
subcontract
The PRINCIPAL sh,il.l not, �Libcoritract for oth,�r r--(1rt.';L11tihq
services without prior approval. of the (-'Tlr';.
SECTION XXII M' AGPE-17"'IFNT
The parties hereto agree that thi!; Agreement shill be
construed and enforced according to the laws, statutes and
case law of the State of Florida.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day
and year first above set forth.
ATTEST:
Secretary
ATTEST:
City Clerk
APPROVED AS TO. CONTENT:
/7 f I -
t;:i 1 ,; Cant 'o C i t y Ma n a (j e j-
AlIPPOVED AS TO FOR:-1
City Attot jiny
WILBUR SMITH & ASSOCIATES, INC.
By
THE CITY OF (a inunicil-,)al
corporation of the State of
Florida)
By:
City Manager
- 214 -
EXHIBIT "e1"
TO
AGREEMENT 8ETWEEtJ
THE CITY OF MIAMI
CONTENTS
1. Scope of Work for Proposed Parking Structure,
Downtown Government Center
2. Project Budget
3. Project Longevity Schedule Dated
IP
APPENDIX A
1: 5 C U 1' I o 1. ICJ O It 1•t
PROJECT LOCATION
Project is .Located in the. we:;terly portion of 131c)r-k 1OWN,
bounded on Llw north by Nt•1 2 Street, an the east by Dade Counts,
on the souti,, by i,iw 1. Street•. and on the west by NW 3 Avenue,
comprising approximately 75,OOO square feet or 1.7 acres, in
the Downtown Government Center, Miami, Florida. The legal
description of the property willbe given to the PRINCIPAL
after execution of the Agreement and upon conveyance of property
from Metropolitan Dade County to the City of Miami.
PROJECT DESCRIPTION
Project consists of a mixed use, multi -story public park,�ng
facility designed to contain space for approximately L,000
automobiles on a portion of the ground level and on five levels
of parking decks and approximately 23,000 square feet of rentable
space on the ground level. Design shall provide for ingress
and egress for vehicles and pedestrian traffic, parking stalls,
parking control and revenue collection system, stairways,
elevators, provisions for tenant improvements and site
^� improvements. Design small col�pl.y with standards of the
Downto•.an Government Cetiter Arciii.tectural Review Board and all
other agencies' requirements liavinq jurisdiction. Par11i11g
control and revenue collec:t.ion systemf- shall comply with the
requirements of the City of Miami Department of Off -Street Parkin;
11s<TNC111:%L shall dc::;iy11 that portion of the• tell ant s}t,1"C• whiC11
may hu alloc,Iteci to the Ci ty of Miami as part of t.hc' 1'1'01o:;_;ior.al
Sef V1Ce; COVt.1Y'Ci1 U1lttt!1_ St-Cr.i.on Ill of the Agreenlont , provid,. l
that the CI'i"Y 1 I"t' ;t'iltl; it.,; program for such t0ncinl
occupancy prior to t11e PRI NCI PA1, comp l etiny the fit t y perc on t
(SU') level of t.hc- Contract Document.:; Phase. Any, oLhor WO!,K
for tenant improvement:; sh.Ill be doemod Additional :or1: and
the p r o v i viol::, ()i sha11 .ahl)I% .
:,-1 80-859
,
bESIGN CRITERIA
PIZINCIPAL shaI I deve ioi; rles.ign cri ter ia suitable for the
PROJECT and submit these for CITY approval prior to cornmrrnci.rifi
the Design Development. Phase of the Arlreement. Irr thi:� rrg,ir•i
PRINCIPAL shall consider rjuide.iines indicated in thy• r(!cJurtn:
Feasibi.l.it-v Anal• sis, Pt-opc-):ted Parkinq Str.uctlrrp�,
Governrnont: Center, Pti,�rii,-I_luri`!a; prepared by i'ttttc�n-;�.rhrn.rn
As:.ociates, Inc., and Cl-r_ii,il_ity Study for Incorporatin-T
Retail Space in T}:�, Prui,,,::od Da~•;rntc�%:;n (rnvernrn,_nt Center
Parkincr—facility, prep,irc26 by The Allen %Iorris Company,
incorporated into this App(--ndi-x by reference only.
2. PROJECT BUDGET
Item Budget Amount
A. project Development Services:
1. A/E Fees ,
R a. Basic Services $ 264,000
b. Other Services 32,000
2. All. oth,-•r fees and expenses 1,404,000
B. Construction Costs 4,800,000
C. Project Contingencies
1. Art Work 72,000
2. Contingencies 428000
Total Project Budget $7,000,000
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