HomeMy WebLinkAboutR-80-0510/6
of 0'
JJC/rr
7/2/80
"SUPPORTIVE
DOCUMENTS
FOLLOW"
RESOLUTION NO. 8 0- 5 1 0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH GREENLEAF-TELESCA
PLANNERS -ENGINEERS -ARCHITECTS FOR PROFES-
SIONAL SERVICES IN PROVIDING ARCHITECTURAL/
ENGINEERING SERVICES FOR FEASIBILITY AND
DESIGN STUDIES FOR A PUBLIC PARKING STRUCTURE
IN THE VICINITY OF THE OMNI COMPLEX, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE ATTACHED AGREEMENT, USING FUNDS THEREFOR
IN THE AMOUNT OF $23,800 FROM THE PARKING
CAPITAL PROJECTS FUND.
WHEREAS, the City Commission, by Resolution No. 80-49,
dated January 24, 1980, temporarily designated parking
structure projects as Category B projects with respect to
the planning and design thereof, in accordance with Sec-
tion 16-17 of the City Code, which section established
procedures in contracting for said professional services
and also established competitive negotiation requirements
with regard to the furnishing of such services; and
WHEREAS, in the implementation of the said construc-
tion program, the City Manager solicited expressions of
interest from qualified consultants and evaluated the
qualifications of those firms which responded to his
inquiry, then selected the most qualified firms for pro-
viding professional architectural/engineering services
for the design and construction of parking projects, all
in accordance with the State of Florida Consultants'
Competitive Negotiations Act, enacted by
nn the
AAFlorida n.
Legislation on July 1, 1973; and ���VCU�YI`1r ` tJ
ITEM ft
N0.
WHEREAS, it is in the best interes s of t e City of
Miami to begin the development of parking projects in the
vicinity of the Omni Complex as soon as possible in order
to reduce costs; and
WHEREAS, the City Commission by Resolution No. 80-374,
dated May 22, 1980, approved the selection by the City Manager
of the most qualified firms to provide professional archi-
tectural/engineering services for feasibility
and
CITY COMMISSION
MEETING OF
10 L Al 1980
80-51
Of
011
studies for a public parking structure in the vicinity of
the Omni Complex and also authorized the City Manager to
negotiate an Agreement for said services; and
WHEREAS, the City Manager has negotiated an Agreement
with Greenleaf-Telesca Planners -Engineers -Architects;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an Agreement with Greenleaf-Telesca Planners -Engin-
eers -Architects for professional services in providing
architectural/engineering services for Feasibility and
Design Studies for a public parking structure in the
vicinity of the Omni Complex, in accordance with the terms
and conditions of the attached Agreement, using funds there-
for in the amount of $23,800 from the Parking Capital Projects
Fund.
PASSED AND ADOPTED this 10 day of July, 1980.
MAURICE A. FERRE
M A Y O R
TEST:
RAL H G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
J. LA JR. •
C.AfSISTWCITY'ATTORNEY
APPBQVED AS TQ'FORM AND CORRECTNESS:
GEORa F. KNOX,
CIT ATTORNEY
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"SU POOR i i "-:-
DOCUMENTS
FOLLOW
80-510
M�a
Y ,,i" %41AM1.
Joseph R. Grassie
City Manager
°'try Morris I. Kaufmann
Assistan to the City Manager
. 71 U
. June 30, 1980 •--
Proposed Resolution Regarding
Contract for Parking Structure
in the Omni area.
It is recommended that the attached resolution be
adopted by City Commission in its meeting of
July 10, 1980, approving the contract between the
City and Greenleaf-Telesca Planners -Engineers -
Architects, for feasibility studies of parking
structure in the Omni area and authorizing the
City Manager to execute said Agreement in the amount
of $23,800, using the Parkinq Capital Protects Fund
to cover cost of said Agreement. This item was
deferred by the City Commission at the June 6, 1980,
meeting.
At the Commission meeting of May 22, 1980, the Commission approved
Ordinance No. 9104 and Resolution No. 80-374. The Ordinance approved
the expenditure of $30,000 from the Parking Capital Projects Fund
to cover costs F feasibility and design studies for parking
structure in thc. Omn.'. area. Resolution No. 80-374 approved the
City M.) .g2r's rec3mmendation of the most qualified firms to provide
professional architectural and engineering services for that project.
In view of the fact that Wilbur Smith and Associates has been engaged
by the C.unty anc. State to make a comprehensive traffic study in the
CBD, and since t'� No. 2 firm has been selected for a feasibility
study in the Downtown Government Center, it was decided to select
the No. 3 firm, Greenleaf-Telesca Planners -Engineers -Architects, to
undertake the proposed project feasibility study. Accordingly, the
attached Agreement was negotiated for a lump sum fee of $23,800 for
the feasibility study. This amount is considered fair, reasonable
and competitive.
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:bf
Enclosure
cc: Richard LaBaw
Richard Fosmoen
"SUPPORTIVE
DOCtiMPNTS
80-510
A G R E E M E N T
THIS AGREEMENT made this 23rd day of May, 1980, A.D.,
by and between THE CITY OF MIAMI, a Municipal Corporation of
the State of Florida, hereinafter called CITY, and GREENLEAF-
TELESCA, PLANNERS, ENGINEERS, ARCHITECTS, INC., hereinafter
called the PRINCIPAL.
`SUPPORTIVE
DOCUMENTS
FOLLOW"
W I T N E S S E T H
WHEREAS, the CITY proposes to determine the feasibility
of constructing a multi -level public parking structure in the
Omni area, Miami, Florida, hereinafter called the PROJECT; and
WHEREAS, the CITY has programmed $30,000.00 to finance
the cost of undertaking the feasibility and design studies of
the PROJECT; and
WHEREAS, the CITY desires to engage an architectural/
engineering firm to render the necessary professional and
technical services, hereinafter called WORK, for the planning,
design and construction consultation of the PROJECT, upon the
terms, conditions and provisions hereinafter set forth; and
WHEREAS, the Commission of the City of Miami has by
Resolution No. 80-374, dated May 22, 1980, approved the selection
by the CITY MANAGER of GREENLEAF-TELESCA, PLANNERS, ENGINEERS,
ARCHITECTS, INC., as the most qualified firm to provide
professional architectural/engineering services for the PROJECT
and has also authorized the CITY MANAGER to negotiate an
Agreement with said firm for the professional and technical
services required for the PROJECT;
NOW, THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one
unto the other as follows:
80-510
SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the
project schedule requirements and will therefore proceed with
all diligence to carry out the WORK to meet such requirements.
The PRINCIPAL shall proceed with all applicable dispatch in a
sound, economical, efficient and professional manner to complete
the WORK under this Agreement.
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 $30,000.00 for
the total cost of the PROJECT, as follows:
I. LUMP SUM FEE for the selected architectural/
/,SUPPORTIVE engineering firm.
2. Surveys, soils investigations and related expenses. D D C U ^ ^E TS
FOL L o, 3. Administration, reproduction and related expenses.
�V D. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES, thereof, the LUMP SUM FEE of TWENTY-THREE THOUSAND
EIGHT HUNDRED AND N0/100 DOLLARS ($23,800.00).
SECTION II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager
of the CITY.
C. DIRECTOR - is hereby defined as the Director,
Department of Off -Street Parking.
D. PRINCIPAL - is hereby defined as GREENLEAF-TELESCA,
PLANNERS, ENGINEERS, ARCHITECTS, INC., 2650 SW 27 AVENUE,
MIAMI, FLORIDA 33133 (305) 444-8411.
E. PROJECT - is hereby defined as the Omni Area, Miami,
Florida, bounded by MacArthur Causeway (I-395) on the south,
NE 2 Avenue on the west, NE 18 Street on the north and
Biscayne Bay on the east.
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80-510
SECTION I - GE14ERAL
A. The PRINCIPAL and the CITY are fully aware of the
i
project schedule requirements and will therefore proceed with
all diligence to carry out the WORK to meet such requirements.
The PRINCIPAL shall proceed with all applicable dispatch in a
sound, economical, efficient and professional manner to complete
the WORK under this Agreement.
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 $30,000.00 for
the total cost of the PROJECT, as follows:
1. LUMP SUM FEE for the selected architectural/
14suP01 \TIVE engineering firm.
D 0 C U ^"E N TS 2. Surveys, soils investigations and related expenses.
ILI
FO L L OW"
3. Administration, reproduction and related expenses.
yy D. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES, thereof, the LUMP SUM FEE of TWENTY-THREE THOUSAND
EIGHT HUNDRED AND N0/100 DOLLARS ($23,800.00).
SECTIO14 II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager
of the CITY.
C. DIRECTOR - is hereby defined as the Director,
Department of Off -Street Parking.
D. PRINCIPAL - is hereby defined as GREENLEAF-TELESCA,
PLANNERS, ENGINEERS, ARCHITECTS, INC., 2650 SW 27 AVENUE,
MIAMI, FLORIDA 33133 (305) 444-8411.
E. PROJECT - is hereby defined as the Omni Area, Miami,
Florida, bounded by MacArthur Causeway (I-395) on the south,
NE 2 Avenue on the west, NE 18 Street on the north and
Biscayne Bay on the east.
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80-510
F. WORK - is hereby defined as all the professional
and technical services to be rendered or provided by the
PRINCIPAL for the PROJECT, as described in SECTION III -
PROFESSIONAL SERVICES, hereof.
G. LUMP SUM FEE - is hereby defined as the amount of
money the CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all the professional and technical
services rendered pursuant to this Agreement, to complete the
WORK as further defined in SECTION III - PROFESSIONAL SERVICES,
hereof.
11. PROJECT MANAGER - is hereby defined as the Manager
of the PROJECT for the CITY.
I. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined
as the straight -time portion of wages and salaries subject to
Federal Income Tax of the PRINCIPAL'S technical personnel
:y (Principals, Architects, Engineers, Planners, Designers,
W O Draftsmen, Specifications Writers and Technicians) engaged
0. O � J
directly on the PROJECT. The DIRECT TECHNICAL SALARY EXPENSE
a O d e PROJECT for an personnel, including
charge against the y p , g
Um
0 PRINCIPALS shall not exceed TWENTY-FIVE AND N0/100 DOLLARS
($25.00) PER HOUR, plus payroll burden which is not to exceed
THIRTY-FIVE PERCENT (35%).
SECTION III - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the CITY shall.
perform the following professional and technical services
comprising the WORK and shall be fully responsible for all the
professional and technical aspects thereof. The CITY'S review
and approval of the WORK will relate only to overall compliance
with the general requirements of the PROJECT and whenever the
term "Approval by the City" or like terms is used in this
Agreement, the phraseology shall in no way relieve the PRINCIPAL
from any duties or responsibilities under the terms of this
Agreement and from using the best architectural and engineering
services and practices.
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80-510
The PRINCIPAL shall, in undertaking the WORK under this
Agreement, comply with all Federal, State and Local codes,
ordinances and regulations pertaining to the design and
construction of the PROJECT. Attention is invited to the
Federal Wage -Hour Law, Walsh -Healy Act, The Occupational Safety
and Health Act, The National Environmental Policy Act and Equal
Employment Opportunity Legislation.
A. DATA COLLECTION AND ANALYSIS
The PRINCIPAL shall collect data relating to parking
in the Omni Area in sufficient depth and detail for analysis in
preparing a feasibility report on whether the City should
undertake the construction of a multi -story public parking
facility in that location. In this regard, the CITY will furnish
the PRINCIPAL with all available reports and documents relating
to the PROJECT. The PRINCIPAL shall meet with representatives
Uj of the several departments in the CITY, as well as with such
' other agencies as Metropolitan Dade County, the State of Florida,
W the Off -Street Parking Authority and the Downtown Development
pU
Q- Authority to review the adequacy and sufficiency of available
U �information. The PRINCIPAL shall also collect original field Ua
Q data as required for the WORK under this Agreement.
In general, the field data and existing data to be
analyzed shall consist of statistical and descriptive information
relating to parking inventory, occupancy demand and
characteristics, and impact on the study area by reason of
possible changes in, 1) public and private parking development,
2) roadway system, 3) transit system, 4) land use and employment
shifts and 5) financing methods.
Upon tabulation of data, the PRINCIPAL shall proceed with
analysing each of three (3) alternative sites as selected by the
• CITY within the PROJECT to determine the relative development
potential of each site. The CITY will select one site for further
evaluation by the PRINCIPAL. Whereupon the PRINCIPAL shall
proceed to study the feasibility of constructing a multi -story
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public parking facility, including potential mixed -use
opportunities, on the designated site. The PRINCIPAL shall
assist the CITY in making a presentation to the City Commission
about the development potential of the designated site.
B. FEASIBILITY REPORT
The PRINCIPAL shall prepare a feasibility report of
the designated site based upon his findings and analyses and
whose contents shall cover the following items:
1. Purpose and Scope
2. Methodology
3. Existing Conditions
4. Estimated Change of Conditions
5. Relationship of Proposed Development to the
Rapid Transit System
6. Description of Proposed Development, Including
Potential of Mixed Use
7.
Proposed Construction Schedule
B.
Estimated
Development Costs
9.
Method of
Financing
"SUPPORTIVE
10.
Estimated
Parking Demand
DOCUMENTS11.
Recommended Fee Schedule
FOLLOW"
12.
Estimated
Gross Revenues
13.
Estimated
Maintenance and Operation Expenses
14. Estimated Financial Performance
15. Proforma Estimates
16. Conclusions and Recommendations
The PRINCIPAL shall prepare a preliminary and final draft
of the feasibility report for the CITY'S review and comments.
After the CITY has reviewed and commented upon the final draft
version, the PRINCIPAL shall complete and submit the feasibility
.report in finished form to the CITY for reproduction.
The PRINCIPAL will assist the CITY in making a presentation
to the City Commission on the contents of the final Feasibility
Report.
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80-510
During the course of the WORK, the PRINCIPAL shall act
as his own representative to the CITY in all matters pertaining
to the PROJECT.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY files:
A. The CITY will provide information regarding its known
requirements for the PROJECT.
B. The CITY will furnish a survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements
and adjoining property; right of way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours
of the site; locations, dimensions and data from existing records
on file in the Department of Public Works of the CITY pertaining
to existing buildings, other improvements and trees; information
concerning available service and utility lines both public and
private; land acquisition costs; and loan existing and applicable
CITY aerial photographs.
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C. The CITY will assist the PRINCIPAL in contacting other
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agencies for the purpose of securing such existing documents as
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may be available from them and in setting meetings relating to
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WORK under this Agreement.
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D. The CITY will do all reproduction and binding of the
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finished version of the feasibility report.
E. The CITY will appoint a PROJECT MANAGER to act as
liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK,
special conditions or change orders without having received
written authorization from the CITY'S PROJECT MANAGER to do so.
Nothing contained herein shall relieve the PRINCIPAL of any
• responsibility as provided under this Agreement.
F. The CITY will cooperate fully with the PRINCIPAL !
in rendering timely decisions.
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80-510
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the WORK
under this Agreement, as outlined in SECTION III hereof, the
CITY agrees to pay, and the PRINCIPAL agrees to accept, as a
full payment for his services the LUMP SUM FEE of TWENTY-THREE
THOUSAND EIGHT HUNDRED AND N0/100 DOLLARS ($23,800.00), which
FEE will hereinafter be called the BASIC FEE. This payment
will be made monthly in proportion to the services performed
so that the compensation at the completion of each element of
the WORK shall equal the following percentages and amounts of
the total BASIC FEE:
ACCUMULATED VALUE
ELEMENT OF WORK % $
A. Data Collection and Analysis
1. Data Collection
19.0
4,500
2. Analysis
62.0
14,900
B. Feasibility Report
1. Feasibility
81.0
19,400
2. Preliminary Report
94.0
22,300
3. Final Report
100.0
23,800
SECTION VI - SCHEDULE OF WORK
The PRINCIPAL agrees that
time is of the
essence in the
achievement of the PROJECT and further agrees to execute the
professional and technical services promptly and diligently and
only upon and in strict conformance with specific authorization
from the CITY MANAGER in writing. It is understood and agreed {
by both parties that a reasonable time to complete the work
i
under this Agreement is four (4) months.
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
The CITY reserves the right to authorize the PRINCIPAL
to provide additional services, if found necessary by the CITY,
• in which case the fees for these services will be on a
negotiated basis.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement
at any time prior to completion of the WORK without penalty to
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9
the CITY. In that event termination of this Agreement shall be
in writing to the PRINCIPAL and the PRINCIPAL shall be paid for
his services rendered in each completed Element of WORK 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 Element of WORK,
then the PRINCIPAL shall be paid at the rate of two and one-half
(2') times Direct Technical Salary Expense for those services
rendered in such incomplete Element of WORK provided that the
PRINCIPAL is not in default under the terms of this Agreement.
In no case however, will the CITY pay the PRINCIPAL a greater
amount for his incomplete Element of WORK than would have been
paid had the termination been made at the completion of this
Element of WORK.
W (/
�— -. In the event of termination, all documents, plans, etc.,
NZ as set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become
UJ
the property of the CITY, with the same provisions of use as set
..... U O forth in said SECTION XI.
0 SECTION IX - PRINCIPAL'S SPECIALIST
The PRINCIPAL proposes to have the following specialists,
either from his organization or as his consultants or associates,
to perform the services indicated:
A. Parking Design Specialists
B. Financial Specialists
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.
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SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the
PRINCIPAL shall not be considered extra services but on the
contrary shall be considered part of the WORK of the PRINCIPAL.
A. Revise the final draft and finished version of the
feasibility report to reflect the comments of the CITY on the
preliminary and final draft versions, respectively.
SECTIO14 XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field
books, survey information, maps, contract documents, reports
and other data developed as a result of this Agreement shall
become the property of the CITY without restriction or limitation
on their use. It is further stipulated that all information
developed as a part of the PROJECT shall not be used by the
PRINCIPAL without written consent of the CITY.
It is further understood by and between the parties
that any information, maps, contract documents, reports, tracing,
plans, drawings, specifications, books or any other matter
z whatsoever which is given by the CITY to the PRINCIPAL pursuant
t-1.1 to this Agreement shall at all times remain the property of
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Q,- the CITY and shall not be used by the PRINCIPAL for any other
purpose whatsoever without the written consent of the CITY.
v
[� It is further understood that no press releases or
publicity is to be issued by the PRINCIPAL without prior
submittal to the CITY and written approval from the CITY.
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or
retained any company or persons to solicit or secure this
Agreement, that he has not paid or agreed to pay any company
or person any fee, commission, percentage, brokerage fee, or
'gifts or any other considerations contingent upon or resulting
from the award or making of this Agreement.
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The PRINCIPAL also warrants that to the best of his
knowledge and belief no Commissioner, Mayor or other officer
or employee of the CITY is interested directly or indirectly
in the profits or emoluments of this Agreement or the job,
work, or services for the CITY in connection with the contract
or construction of this PROJECT.
The PRINCIPAL shall not engage during the period of
this Agreement the services of any professional or technical
person who has been at any time during the period of this
Agreement in the employ of the CITY. This does not apply to
retired employees of the CITY.
The PRINCIPAL is aware of the conflict of interest law
of both the City of Miami and Dade County, Florida, and agrees
that he shall fully comply in all respects with the terms of
said laws.
`j ' ^ SECTION XIII - EXTENT OF AGREEMENT
= This Agreement represents the entire and integrated
w Agreement between the CITY and the PRINCIPAL and supersedes
v
J all prior negotiations, representations or Agreements, either
V Q written or oral. This Agreement may be amended only by
v / written instrument by both the CITY and the PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer
of this Agreement, or sublet, assign or transfer any part of
the WORK under this Agreement without the written consent of
the CITY. This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors
and assigns.
SECTION XV - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and
-other 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
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f
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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.
SECTIO14 XVI - RIGHT TO AUDIT
The CITY reserves the right to audit the records of
the PRINCIPAL any time during the prosecution of this Agreement
and for a period of one year after final payment is made under
this Agreement.
Notwithstanding any other provisions of this Agreement,
in no event shall the payment of the LUMP SUM FEE under
SECTION V herein, enable the PRINCIPAL to earn a profit of
more than TWENTY (20%) PERCENT of the LUMP SUM FEE. At the
time of the final increment of that LUMP SUM FEE is due to be
paid by the CITY to the PRINCIPAL pursuant to the terms of
SECTION V herein, the PRINCIPAL shall submit to the CITY a
certification of his total costs incurred and profits realized
in providing the basic services as outlined in SECTION III herein.
If such certifications indicate profits in excess of the
maximum set forth
above, the PRINCIPAL shall simultaneously
�•�;
�:�..�
remit any overage
to the CITY. The CITY reserves the right
�i-
to audit the books
and records of the PRINCIPAL and to adjust
the amount of any
such repayment in the light of said audit.
.:�
�...1
In calculating the
total costs incurred by the PRINCIPAL'S
own staff, the PRINCIPAL shall use a percentage overhead
applied to the DIRECT TECHNICAL SALARY EXPENSE as defined in
SECTION II herein. The percentage overhead shall be equal to
the actual percentage overhead pertaining for all of the
PRINCIPALS' work in the last twelve (12) month period
preceding the date of this Contract for which data is available.
All services provided by subcontractors to the PRINCIPAL shall
be included at the actual cost paid by the PRINCIPAL and the
percentage overhead shall not apply.
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SECTION XVII - INSURANCE AND INDEMNIFICATION
The PRINCIPAL shall provide insurance as required in
paragraphs A, B, C, and D hereinbelow prior to commencing work
in this Contract.
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 judgments which may issue thereon.
The PRINCIPAL shall maintain during the terms of this
Agreement the following insurance:
A. Public Liability Insurance in amounts not less than
$300,000 per occurrence for bodily injury and $50,000 per
occurrence for property damage.
B. Automobile Liability Insurance in amounts not less
than $100,000 per person and $300,000 per accident for bodily
Li.Jcn
injury
and $50,000 per
occurrence for
property
damage.
�--
C.
Professional
Liability Insurance
in a
minimum amount
LL J
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of $1,000,000
covering
all liability
arising out of the terms
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�CUO
of this
Agreement. The
CITY will not
accept a
claims only
O LA..
policy
to satisfy this
requirement but
must be
provided coverage
for any
incident which
may occur due
to professional expertise.
D. Workman's Compensation Insurance in the statutory
amounts. The insurance coverage required shall include those
classifications as listed in standard liability insurance manuals,
which most nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida;
and which are approved according to specifications of the Risk
Management Division of the CITY. The CITY shall be named as an
additional insured on the public liability policies.
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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 the insurance shall be effective without the
thirty (30) days written notice to the CITY.
Compliance with the foregoing requirements shall not relieve
the PRINCIPAL of his liability and obligations under this Section
or under any portion of this Agreement.
SECTION XVIII - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the Director of the Department of Off -Street
Parking who shall decide all questions, difficulties and
UJCn disputes of whatever nature which may arise under or by reason
f— :z
_
Z �: of this Agreement,'the prosecution and fulfillment of the services
(Ye LU
O hereunder, and the character, quality, amount, and value thereof,
—J and the DIRECTOR'S decisions upon all claims, questions of fact,
c)
.� �. 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 MANAGERI and the DIRECTOR and the PRINCIPAL shall abide by
the decision of the CITY MANAGER. Adjustment of compensation
and contract time because of any changes in the WORK might
become necessary or be deemed desirable as the WORK progresses
shall be reviewed by the 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, f
religion, sex, or natural 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 natural origin. Such action
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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 or 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
Z applicants for employment.
LU O D. The PRINCIPAL will comply with all provisions of
M J Executive Order No. 11246 of September 24, 1965, as amended by
CU Executive Order No. 11375 of October 13, 1967, and of the rules,
regulations and relevant orders of the Secretary of Labor.
v
E. The PRINCIPAL will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375 of October 13, 1967, and by
the rules, regulations and order of the Secretary of Labor, or
pursuant thereto, and will permit access to 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.
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F. In the event of the PRINCIPAL'S noncompliance with
the Equal Opportunity clause of this contract or with any of the
said rules, regulations or orders, this contract may be canceled,
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 XIX G in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, as amended by Executive Order No.
11375 of October 13, 1967, 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
r
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,
U. the PRINCIPAL may request the CITY to enter into such litigation
to protect the interests of the CITY.
SECTION XX - CONSULTANTS
The CITY hereby approves the following firms which the
PRINCIPAL proposed to engage to provide consulting services
for the PROJECT, as subcontractors to the PRINCIPAL:
Parking and Financial:
Ramp Consulting Services, Inc.
1615 Northern Boulevard
Manhasset, New York 11030 (516) 627-1477
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Structural Engineering:
Bliss & Nyitray
4014 Chase Avenue
Miami Beach, Florida 33140 (305) 531-6476
The PRINCIPAL shall furnish the CITY with a copy of the
subcontract agreement. The PRINCIPAL shall not subcontract
for other consulting services without prior written approval
of the CITY.
SECTION XXI - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and
case law of the State of Florida.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and
year first above set forth.
1.
ATTEST:
Secretary
`J
ATTEST:
City Clerk
APPROVED AS �O CONTENT
Greenleaf/Telesplk,Planners.Engineers.Architects,
I Inc.
Lk A
Fkancis E. Telesca, President
r
THE CITY OF MIAMI (a municipal
corporation of the State of Florida)
Project Manager
i
By:
City Manager
APPROVED AS TO FORM & CORRECTNESS
City A orn
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