HomeMy WebLinkAboutR-80-0472W
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RESOLUTION NO. 8 0- 4 7 2
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
WALLACE, ROBERTS AND TODD TO PROVIDE PRO-
FESSIONAL SERVICES FOR THE DESIGN AND
CONSTRUCTION CONSULTATION OF PHASE I OF
LATIN RIVERFRONT PARK, USING PREVIOUSLY
ALLOCATED FOURTH YEAR COMMUNITY DEVELOP-
MENT FUNDS FOR SAID AGREEMENT.
WHEREAS, the City Commission, by Resolution Number
79-576, authorized the City Manager to conduct a design
competition for the design and construction consultation of
Phase I of Lative Riverfront Park and to appoint an impartial
jury for the selection of the competition winners; and
WHEREAS, the City Commission, by Resolution Number
79-576, also authorized the City Manager to negotiate a
professional services agreement with the competition
winner, in compliance with Ordinance Number 8965; and
WHEREAS, the competition winner was Wallace, Roberts
and Todd;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached agreement with Wallace, Roberts and
Todd to provide professional services for the design and
construction consultation of Phase I of Latin Riverfront
Park, using previously allocated Fourth Year Community
Development funds for said agreement.
PASSED AND ADOPTED this 26- day of June, 1980.
MAURICE A. FERRE
M A Y 0 R
TT T:
Q "DOCUMENT INDEX
RALPHVG. ONGIE, CITY CLW ITCiY1
PR�ARED AND APPROVED BY:
ROBERT F. cLARK, ASSISTANT CITY ATTORNEY
W.
APKRGF.
AS TO FOR AND CORRECTNESS: CITY COMMISSION
MEETING OF
GF KNOX, JR. , ITY ATTORNEY JUN26 1980
80-41
IMOURMNo....».........._..
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Joseph R. Grassie
City Manager
. et
�p Carl Kern, Director
Department of Parks
May 21, 1980
Agreement for Architectural
Services; Latin Riverfront Park
"It is recommended that the City Manager be
authorized to execute agreement with Wallace,
Roberts and Todd for architectural services
in design and development of Phase I of Latin
Riverfront Park for the lump sum fee of $92,000,
and further authorizing the expenditure of
$1,585,852 for said design and development from
Community Development 4th, 5th, 6th and 7th
Year Block Grant Funds, the Public Parks and
Recreation Facilities Bond Fund, and a U. S.
Housing and Urban Development Open Space Grant."
In September 1979 the City conducted a design competition for Phase I
development of Latin Riverfront Park located on the south bank of the
Miami River at SW 4th Street. The first place competition winner was
the firm of Wallace, Roberts and Todd, Architects. A professional
services agreement has been negotiated with the firm.
Funding for Phase I Development is as follows: j1
[c� V
Available Funding I�1 PPOR `�� /
1 +/ E
CD 4th
Year
$ 236,077
` uIU )�)
CD 5th
Year
381,000
306,500
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FOLLOW
ENTS
CD 6th
Year
L n � A ,ly
LJ(/V
CD 7th
Year (Tentative)
368,800
Parks
for People
198,051
HUD
95,424
Total
$1,585,852
Min./Phase
I
Future
Funding
UPARR
or Land & Water
Conservation
Fund Grant
$ 792,530
$2,378,382
Max./Phase
I
It is anticipated that the professional architectural services to be
rendered under the subject agreement will lead to completion of construc-
tion and specification documents by December 1980, and award of Phase I
construction by February 1981.
80- ?'72
1 CITY OF MIAh1I. FLORIDA
INTGR•OFFIC`.: ',11MMORANCIUM
George F. Knox, Jr.*F May 21, 1980 FILE
City Attorney
1 SUH:E-T Agreement for Architectural
Services; Latin Riverfront Park
q Carl Kern, Director FFI.R_NCE
Department of Parks
E NCLP 5t. 11 C5
Enclosed are documents relating to execution of agreement
with Wallace, Roberts and Todd in provision of architectural
services for design and construction consultation on Phase I
of Latin Riverfront Park. The proposed Resolution also
authorizes expenditure of $1,585,852, from various sources,
for this park project.
The resolution for execution is to be placed on the City
Commission Agenda of June 5, 1980.
Please note the change under Direct Technical Salary Expense,
page 3.
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Enclosures
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AGREEMENT
THIS AGREEMENT made this day of , 1980, by and
between THE. CITY OF MIAMI, a Municipal Corporation of the State of Florida,
hereinafter called CITY and WALLACE, ROBERTS AND TODD, Architects, hereinafter
called the PRINCIPAL.
WHEREAS, the CITY proposes to construct Phase I of the Latin Riverfront
Park, bounded by SW 2nd Street on the north, SW 6th Street on the south,
SW 4th Avenue on the west and by SW 3rd Avenue and the Miami River on the
east, hereinafter called the PROJECT; and
WHEREAS, the CITY has programmed approximately $1,585,852 to finance
the construction, the professional fee and other expenses of the PROJECT; and
WHEREAS, the CITY desires to enuage an architectural firm to render the
necessary professional and technical services, hereinafter called WORK, for
the design and construction consultation of the PROJECT, upon the terms,
conditions and provisions hereinafter set forth; and
WHEREAS, the Commission of the City of Miami by Resolution No. 79-576
adopted September 13, 1979, authorized the City Manager to conduct a design
competition and to appoint an impartial jury4for the selection of the
competition winners, and also authorized the City Manaaer.to negotiate a
professional services agreement with the. competition winners: Wallace, '
Roberts and Todd, Architects, in crnnpli mce with Ordinance No. 8965 adoptext W
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July 22, 1979;
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NOW, THEREFORE, the CITY and the PRINCIPAL, for the considerations = O O
hereinafter set forth, agree and covenant, one unto the other as follows: U Q
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SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the project schedule
requirements, and will therefore proceed with all diligence to carry out the
WORK to meet such requirements. The PRINCIPAL. shall proceed with all applicable
dispatch in a sound, economical, efficient and professional manner, to the
timely preparation of all necessary documents for the construction of the
PROJECT.
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B. The PRINCIPAL shall perform the professional services as herein-
after set forth and in general accordance with the instructions of the CITY.
C. The CITY has budgeted the amount of $1,585,852 for the total project.
This amount includes the following:
1. $255,852 for design services, including:
a) The lump sum fee for the PRINCIPAL;
b) Surveys, soils investigations and related services;
c) Permits;
d) Administration, reproduction and related expenses;
e) Furnishings and maintenance equipment for the park and
buildings.
2. $1,200,000 for the Construction Cost of the PROJECT.
3. $130,000 for project contingencies, including 1.5% of the
construction cost of the PROJECT for art work.
D. The PRINCIPAL shall design the PROJECT within the funds available
to the CITY for the Construction Cost of the Project.
E. The PRINCIPAL shall at the request of the CITY increase the scope
of the PROJECT if additional funding becomes available. The CITY agrees to
pay and the PRINCIPAL agrees to accept as payment in full for all professional
and technical services rendered in the increased scope of the PROJECT a lump
sum in the same ratio to additional funding as the LUMP SUM FEE agreed upon as
payment for services rendered under this Agreement *o the amount of the
Construction Cost of the PROJECT. The CITY reserves the right to select a
consu!.ting firm other than and/or in addition to Wallace, Roberts and Todd,
Architect-, for any or all remaining areas other than the area defined in this
Agreement as the PROJECT, to be completed in addition to Phase I.
F. 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 SE:RVICFS, hereof, the LUMP SUM FEE of NINETY-TWO
THOUSAND DOLLARS 0 92,000).
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SECTION II - DEFINITIONS
A. CITY - is hereby defined as 'Cho City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of the CITY.
C. DIRECTOR - is hereby defined as the Director, Department of Parks
of the CITY.
D. PRINCIPAL - is hereby defined as Wallace, Roberts and Toad, Architects.
E. PROJECT - is hereby defined as construction of Phase I of Latin
Riverfront Park, as indicated on Exhibit "A".
F. ART WORK - is hereby defined as the art work to be provided based
on the scope of the PROJECT as set forth in City Ordinance No. B227 and Dade
County Ordinance No. 73-77. The PRINCIPAL shall make every possible effort to
have the art work included as a basic part of the PROJECT design.
G. WORK - is hereby defined as all the professional and technical services
to be rendered or provided by the PRINCIPAL for the PROJECT, as described in
SECTION III - PROFESSIONAL SERVICES, hereof.
H. CONSTRUCTION COST - is hereby defined as the total final construction
contract cost of the PROJECT to the CITY but it shall not include any PRINCIPAL'S
a fees or special consultant's fees or the cost of any survey, legal, financial,
administration or similar services or land acquisition costs furnished by the
1� CITY or any cost of furniture or furnishing or unattached equipment purchased
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L I. LUMP SUM FEE - is hereby defined as th^ amount of money the CITY
agrees to pay and the PRINCIPAL agrees to accept as payment in full for all
CQ the professional and technical services rendered pursuant to this agreement,
to complete the WORK as further defined in SECTION III - PROFESSIONAI. SERVICES,
hereof.
J. PROJECT MANAGER - is hereby defined as the Manager of the PROJECT•
for the CITY.
K. DIRECT TLCHNICAL SALARY LXI'LNSL` - is hereby defined as the hourly
cost of salaries and those mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, pensions, vacations, and
$" similar benefits. The DIRECT TECIRU CAL SALARY EXPENSE charged against the
PROJECT for design and construction services provided by the PRINCIPAL shall not
exceed THIRTY DOLLARS ($ 30 .00) per hour plus payroll
a, burden which shall not exceed twenty-five percent (25,,).
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L. EXHIBIT "A" - is hereby defined as Dr.awinq Number 1, dated April 23,
1980, which shows the Latin Riverfront Park in it, entirety and which shows the
tentative boundaries of the PROJECT to be constructed under this Aqreement,
designated as Phase I of the Latin Riverfront Park.
SECTION III - PROFESSIONAL SEIZVICI;S
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 are used in this Agreement, the phraseology shall
in no way relieve the PRINCIPAL from any duties or responsibilities under the
terms of this Agreement and from using the best architectural and engineering
services and practices.
The PRINCIPAL shall, in the preparation of Plans a►id Specifications,
and in Site Inspection, comply with all Federal, State and Local codes,
ordinances and regulations pertaininq to the desiqn and construction of the
PROJECT. Attention is invited to the Federal Wage-Efour Law, Walsh -Healy Act,
The Occupational Safety and Health Act, The National Environmental Policy Act
and Equal Employment Opportunity Legislation.
A. MASTER FLAN P1IASE
1. The PRINCIPAL shall make a maximum of three (3) presentations to
community representatives to establish and discuss needs and
objectives. The CITY shall be responsible for establishing
contacts with the residents and setting up the meetings.
2. The PRINCIPAL shall prepare a report setting forth the criteria
necessary for the CITY to make a decision as to what is needed
to proceed with the development of Latin Riverfront Park and the
construction of Phase I.
The report shall include the followinq:
a. Land use diagram
b. Program
C. Construction cost estimates
d. Construction schedule for Phase I
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e.
Evaluation of all element:: to be included in the Latin Riverfront
Park in terms of their present and future value to the welfare of
the people and a recommendation of construction priorities of such
elements.
f.
Forecast for future need!; as a result of hol-ulation and social
changes within the Paws zone of influence and also schedule
future construction for tho fall development of the Park based
upon the City's initial .statement of goals and objectives.
g.
Space allocation and estimated number of people to be accommodated
for each of the facilities to be provided, including architectural
character.
h.
Space allocation for, and type of utilities to serve the PROJECT.
i.
Special equipment and sy:;tems requirements.
j.
Vehicle and pedestrian access requirements.
k.
Parking requirements.
1.
Maintenance requirements.
M.
Energy conservation considerations.
3. The
PRINCIPAL shall prepare an illustrative master plan at a scale of
1"
= 30' indicating the final boundaries of Phase I. Such boundaries
may
differ from those shown on Exhibit "A", arrived at by mutual agree-
ment
between the CITY and the PRINCIPAL. The boundaries of Phase I
shall
be as indicated on the 'faster Plan and approved by the CITY.
The
area approved by the CITY and the sly,cific elements contained
therein
will constitute the scope of the WORK for Phase I of the
Latin
Riverfront Park under this Agreement.
4. The
PRINCIPAL shall submit the completed Master Plan and Report
to
the PRC)JECT MANAGER for approval.
5. The
Master Plan Phase shall be completed when the CITY approves
the
Master Plan and Report.
13. SCHEMATIC DESIGH PHASE
During the Schematic l)e:;i(ln I`ha.e, ulon written authorization from the
CITY MANAGER
or his plc :iyn���e, the PRINCIPAL shall:
'
1. Develop
the concepts indicated in the approved ;•taster Plan for
the
PROJECT.
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2. Establish the configuration and design parameters for each element
to be constructed in the PROJECT.
3. Develop and establish design criteria for the PROJECT. -
4. Prepare a statement of Probable Construction Cost for the PROJECT.
5. The Schematic Design Phase shall be completed when the CITY approves
and accepts the Schematic Design Documents.
C. DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written authorization of the
CITY MANAGER or his designee and as directed by the CITY for the approved and
accepted parts of the Schematic Design Phase, the PRINCIPAL shall:
1. Prepare Design Development Documents consisting of plans, elevations
and other drawings, and outline specifications, all in order to fix
and illustrate the size and character of the entire PROJECT in its
essentials as to location, kinds of materials, type of structure,
mechanical and electrical systems, utilities locations, and such
other work 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 produce a design which may be constructed within the
CITY BUDGETED AMOUNT or any subsequent revision thereof approved by
the CITY. Approval by the CITY of Schematic Design Studies and/or
Design Development Documents includes nr.proval of the construction
cost estimates submitted therewith only if so .stated in writing by
the CITY. If either the Statement of Probable Construction Cost
for the Schematic Design Phase or the Estimate of PROJECT Construction
Code for the Design Development Phase is greater than the CITY
BUDGETED AMOUNT set forth in SECTION I, C herein, the CITY may
require the PRINCIPAL to revise the Schematic Design Studies and/or
the Design Development Documents. The PRINCIPAL shall revise the
studies and/or the documents in such a manner as to bring the revised
Estimate of PROJECT Construction Cost within the CITY BUDGE.TFD AMOUNT
as part of the PRINCIPAL'S BASIC PROCESSIONAL SERVICES at no addition
in fee to the CITY.
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3. Submit completed Design Development Documents thereof as required.
4. The PRINCIPAL shall make a maximum of five (5) presf-ntations to the
City Commission and to other ,agencies, as may be required, for the
approval of the t•iastcr Plan Document.:., Design Development Documents,
Outline Specifications, Construction Copt Estimates, Renderings and
Time Schedules. The PRINCIPAL shall a:;:;i:;t the CITY in preparing
applications and seeking approvals and permits from the Florida
Department of Transportation, Florida Power and Light Company,
Florida Department of Environmental Regulation and other regulatory
agencies as may be required.
5. The PRINCIPAL shall revise the Design Development Documents and
• other documents as directed by the City Commission and other agencies
having jurisdiction.
6. The Desicn Development Phase shall be completed when the CITY approves
and accepts the Design Development Documents.
11. CONSTRUCTION DOCUMENTS P11ASE
During the Construction Documents Phase, upon written authorization of the
CITY MANAGER or his designee and in accordance with all the approved and accepted
parts of the Design Development Phase, the PRINCIPAL shall.:
1. Prepare all construction contract plans and specifications and other
LL!
contract documents,
except general condition; or
sul-plementary general
conditions, for the
complete PROJECT. Thy se documents
shall be in con-
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formance with all applicable
federal, state and
local laws and codes and
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shall include such
items as the working drawings
and specifications,
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adequately setting
forth in detail descriptions
of the construction
Qto
be done and also
the materials, workmanship,
finishes and equip-
ment required for all
architectural, structural,
mechanical, electrical,
service -connected equipment, (e.g., fixtures and equipment attached to
the facility electrically, mechanically, or structurally) site develop-
ment, connection costs, lanclscapin<1, biddinq information, and the
special provi ;ion:. of thr Con:;t.ruction Contract, Rid Proposal, the
Construction Contract, and other Construction Contract Documents.
2. Revi:;e the construction contract platas and specification,, and any
other written report or Written document as required, to secure the
CITY' s approval ther^of. .
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3. Advise the CITY of any adjustments to previous estimates of PROJECT
construction cost which may be indicated by changes in scope, design,
requirements, market conditions, or otherwise.
4. Furnish the CITY with a Final Estimate of PROJECT Construction Cost
based upon the completed workinq drawings and specifications, broken
down into major categories. The PRINCIPAL'S Estimates of PROJECT
Construction Cost shall be construed as the informed professional
opinion of a responsible expert in the subject matter, and the CITY
will rely on it as a reasonable approximation of bids to be received.
5. See that all construction contract plans and specifications bear the _
seal of either a Florida registered professional architect, landscape
architect or engineer and that the names of professionals responsible
for major portions of each separate specialty of the WORK appear on
the construction contract plans and specifications.
6. Because of the CITY'S concern for energy conservation, it shall be
fully understood that the PRINCIPAL shall pay particular attention
to designing all of the energy systems required for the PROJECT with
emphasis towards conserving energy. Particular attention shall be
focused on the different uses of the PROJECT and the different demands
for air conditioning, lighting, etc.
7. Submit the completed construction plans and specifications to the
CITY for a complete and detailed reviow and ,approval.
8. Conduct all necessary dry -run checks, of the construction contract
plans and specifications in connection with securing the approval
of, and obtaining necessary permits from, all governmental authorities
having jurisdiction over the PROJECT after the CITY has approved and
accepted in writing the construction contract plans and other contract
documents. By said acceptance, the CITY does not relieve the PRINCIPAL
of any responsibilities.
9. Deliver to the CITY the completed master set of construction contract
plans and specifications and other related parts of the Construction
Contract including the Bid Proposal, in such reproducible form as may
be specified by the CITY.
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? 10. The Construction Documents Phase shall I,e considered compiq:ted on
the day the CITY accepts from the PRINCIPAL the completed Construction
Contract plans and ifications ready for construction bids.
G.
BIDDING PHASE
A
1.
Prepare any addenda, with accompanyin,; drawin,is or other material
as required, and submit original of each to th(i DTIJ=CT R for approval
and signature after which tho DTP.1:CT()V will furni:,h a copy for each
set of contract documents prepared.
2.
Assemble and furnish the CITY MANA7,FR data for. Publicity releases.
3.
Assist the CITY in the evaluation of bids.
4.
The Pidding Phase shall be considered completed on the day the CITY
•
opens Bids for the construction of the PROJF;CT.
F.
CO"ISTRUCTION PHASE
The
Construction Phase shall commence with the award of the Construction
Contract.
During the Construction Phase, upon writt^n authorization from the
CITY
MANAGER or his designee, the PRINCIPAL shall:
1.
Make periodic visits to the site to familiarize himself with the
progress and quality of work to determine that the work is pro-
ceeding in accordance with the Contract Documents and to submit his
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observations to the CITY in writing within five (5) working days after
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each visit.
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2.
Serve as liaison between the Contractor .ind the CITY and maintain
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relationship with th-i Contractor and Subcontractors on the job only
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through the Contractor's Job Superintendent.
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3.
Assist the CITY in con.iderinq and evaluating any suggestions or
modifications which might be submitted by the Contractor for the
I
CITY'S approval.
4.
Assist tho CITY in matters relating to the interpretation of the
Contract Document-!;.
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5. Furnish any additional details or information when required at the
job sitf- for proper execution of the WOR .
6. Make written recorimendationf; for the CITY'S review and concurrence
for such things as material:; and equipment, method:; of construction,
1
chan,Ies in plans, extra work orders, and supplemental agreements;
these review, and 7onrurronco shall not relieve the PRINCIPAL of
any respnn,ibiliti!, as specified under the terms of this Agreement.
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7. Check and approve shop and working drawings, samples and other
submission:. furnished by the Contractor; retain a copy of all shop
and working drawings, duly approved by the PRINCIPAL, for permanent
CITY records.
8. Review all test reports required by the Contract Documents and
provide the CITY With written evaluation of such test resorts.
9. Receive samples which are required to be furnished by the contractor,
record date received and from whom; examine said samples and notify
the CITY of his approval or rej(�cti.on.
10. After substantial completion, mike a list of items for correction
before final inspection, and check each item as it is corrected.
11. The PRINCIPAL shall carry out his responsibilities under the terms
of this Agreement until the contractor turns over to the CITY a
completed facility, however, the CITY shall have the right to take
possession of, and use any completed or partially completed
portion of the PROJECT, notwithstanding the fact that the time for
completing the entire PROJECT or such portions may not have expired,
but such taking possession and use shall not be deemed an acceptance
of any work not completed and it shall in no way relieve the PRINCIPAL
of any of his responsibilities under the terms of this Agreement.
In tho event that the contractor does not turn over to the CITY
a completed facility as defined in the Construction Contract, within
sixty (60) days of the time specified in the Construction Contract
the PRINCIPAL shall be entitled to be paid for any expenses incurred
by reason of the delay at the rate of two and one half (2.5) times
Direct Technical Salary Expense.
12. Upon request by the CITY PROJECT MANAGER, attend and report to the
CITY on all required conferences held at the job site.
13. Assist the CITY in matters relating to the Contractor's schedules and
requosts for Progress payments.
14. During the course of the WORK, review and approve all Guarantees,
Certificates, Operation and Maintenance Manuals, Keying Schedules,
Spare Part. and other items that have been specified in the Contract
Documents. The PRINCIPAL shall have the responsibility for advisinq
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the CITY of the full compliance by th,� contractor in the timely
submissions of all such item!,. Deliver all !;uch items to the
CITY prior to the elate of beneficial occupancy.
15. Furnish to the CITY within thirty (30) day7, after rompletion of the
Construction Phase? of the PPOJI'CT the ori-iinal rel roducible drawings
of the Construction Contract plan:;, revir.ed to include all changes or
modifications to the desihn made during tho Construction Phase.
16. At the completion of the construction of the PROJECT, the PRINCIPAL
shall deliver to the CITY written certification that the PROJECT has
been constructed in accordance with CITY approved construction plans
and specifications and CITY al,provoi c:hancie orders; and shall furnish
such other written certificates as rn;cy be required by laws and regula-
tions applicable to the PROJECT.
17. The Construction Phase shall be comploted when the rRINCIPAL has
delivered the aforesaid certificates, incluAinq "as built" plans,
etc., to the CITY; and the City Commission has accepted said PROJECT,
but in no case later than forty-five (45) days after delivery by the
PRINCIPAL.
sECTIC:] IV - CITY'S SFF.VICES AND PI'.ST'OI;::IBIT.ITTI:S
The CITY shall furnish the PRINCIPAL with the following services and
information from existinrI CITY records and CITY files:
A. The CITY shall provide information reciar(:ic.y its knocan requirements
for the PROJECT.
B. The CITY shall furnish a Certified Land Survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and adjoining
property; right of way, restrictions, easements, utilities, trees, encroachments,
zoning, deed restrictions, boundaries and contour:; of the site; locations, dimen-
sions and data from existing records oil file in the Department of Public Works
of the CITY pertaining to exist.inrj builciin(is, other improvements and trees; and
information concerning available ;ervicr and utility lines, both public and
privates. The PRINCIPAL !.hall not be held re::pon:,ible for the completeness or
accuracy of Public World:' file::. 11S
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C. If the CITY PROJECT HANA(.ER ob!;erves or has been notified in writing
of any fault or defect in the or nonconformance with the Contract
Documents, prompt written notice thereof :.hall be given to the PRINCIPAL.
D. The CITY shall do all reproduction and binding of the bidding and
construction sets of the drawing, and specifications; and loan all existing
and applicable CITY aerial photographs.
E. The CITY MANAGER or his designee shall appoint a PROJECT MANAGER
to act as liaison between the CITY and PRINCIPAL, and the PRINCIPAL shall not
start work nor incur any expenses for any Pha_,e of the WORK, special conditions
or change orders without having received written authorization from the CITY'S
PROJECT MANAGER to do so. Nothing contained herein shall relieve the PRINCIPAL
of any responsibility as provided under this Agreement.
F. The CITY shall furnish all required testing necessary for the
PROJECT including core borings, test hits, structural, mechanical, chemical,
soil, and mill and laboratory test, and the services of a soils engineer or
other special consultants when deemed necessary by tale PRINCIPAL; and the
PRINCIPAL shall be entitled to rely upon the accuracy, completeness, and
competence thereof..
G. The CITY reserves the right to retain the services of a Professional
Quantity Surveyor to prepare Detailed Construction Cost Estimates based upon the
Design Development Documents and the Construction Documents.
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SECTION V - CO:'PFNSATI0N FOR SERVICES
AN
For professional and technical services for the blaster Plan Phase,
Schematic Design Phase, Design Development Phase, Bidding Phase, Construction
Document Phase and Construction Phase of the PROJECT, as outlined in SECTION III
hereof, the CITY agrees to pay, and the PRINCIPAL agrees to accept, as a full
payment for his .services the LUMP SUM FEF, of NINETY-TWO THOUSAND DOLLARS
($92,000).
FEE will hereinafter be called the BASIC FEE. This payment will be
made monthly in proportion to the services performed so that the compensation
at the completion of each Phase shall equal the following percentages and
amounts of the total BASIC Fr']::
ACCU'MUT.ATUT) VALUE
AT T11F. 1.t1D Or PIIAGF: Fee
1. Master Plan Phase ft.5 $ 7,R20
2. Schematic Donign Phaet,• 7.5 16.0 $14,720
3. Design Devolopment rh.i�.o 17.5 33.5 $30,t120
4. Construction Vocumc rats Pharr 50.1) 83.5 ,76, P; 0
5. Biddinq Phase it.5 SH.0 $80,,jr,0
6. Construction Phase 12.0 100.0 ")21000
SECTION VI - SCLIPU11I,1: OF won),
The PRINCIPAL, agrees that. tirm is of the essonc(c in the achievement of
the PROJECT and further agrees to execute the profnssional and technical
services promptly and diligently and only upon and in strict conformance
with specifics authorization from the CITY 'IA',A(;I:R or his designee in writing.
It is understood and agreed by both parties that the followitwi schedule for
the P10RK will he strictly follotoled by thu PRINCIPAL.
A. 1•111STF.R PIy,rJ T,Wi Fc7.
The blaster Plan Phase shall be delivered to the CITY '.IAI;AGI'T'. or his
designee within forty-five (45) calendar days after written authorization from
the CITY MANAGER or his designee to begin WOTt1: on this Phase.
A. SC11Y:1ATIC DT:S?,N P11AS1:
The Schematic Design Phase shall he delivered to thr CITY MANA(,,ER or his
desl';r14e within fifto-n (15) calendar day; after writ ton •authori:ation from
the CITY MANP.GEP. or his design(,(- to hrgin t:ril'1: on this Phase.
C. DI:."T(;r1 I�I:`.'1:L01:',FNT PHASE:
The Design Development Phase shall be delivered to the CITY MANAGLR or his
designee within thirty (30) calendar days after written authorization from the
CITY MANAGT:R or his designee to begin WORM, on this Phase.
D. CONS'I'PUC'1'1o;1 DoCIIIIENT. P11A.' IE
Tho Construction Documents Phase .^,hall he delivered to the CITY MANAGER or
his de.,;ignee within one hundre,l five (IOS) cal�-nd.ir stay; after written authoriza-
tion from the CITY MANAr1:R or hip, dosi(rrurq.. to 1)c011 hol:K on thin Phase.
G. BII)DTr1G rIWA',
The Biddinq Hixio is projr.cted to require thirty (30) calendar days.
F. CONSTRUCTION PHASE
The Construction Phase will commence with the award of the Construction
Contract and shall be completed when the PRINCIPAL has delivered to the CITY
written certification that the t,ROJECT has been constructed in accordance
with CITY approved construction plans and specifications and CITY approved
_ change orders and shall furnish such other written certificates as may be
required by law and regulations applicable to the PROJECT, including "as built"
plans, and the City Commission has accepted the FKMECT by Resolution, but in
no case later than 45 days after delivery by the PRINCIPAL.
G. TIME FOR PERI'ORMANCE
In the event the PRINCIPAL is unable to complete the above services
because of delays resulting from Acts of God or untimely review and approval
by the CITY and other governmental authorities having jurisdiction over the
PROJECT, and such delays are not the fault of the PRINCIPAL, the CITY shall
grant a reasonable extension of time for completion of the WORK. It shall
be the responsibility of the PRINCIPAL to notify the CITY promptly in writing
whenever a delay in approval by a governmental agency is anticipated or
experienced, and to inform the CITY of all facts and details related to the
delay.
SECTION VII - ADDITIrNAL WORK AUTHORUT.D RY THE CITY
A. The CITY reserves the right to increase the scope and amount of the
construr-tion contract by directly authorizinrt thu contractor to do extra or
additional work without requiring the PRINCTPAL to furnish professional or
technical services. In this case, the cost of this extra or additional work
will not be considered as part of the final cost of the PROJECT. Tile
PRINCIPAL shall not be liable for any additional work or conditions resulting
from additional work performed by the contractor in the event that the CITY
-- directly authorizes the contractor to do the additional work without requiring
the PRINCIPAL, to furnish professional or technical services.
H. The PRINCIPAL, shall furnish landscapiml and interior design services,
exclusive of furnishing-, an(I furniture, which are normally a part of his contract
documents and specific,rtionr;, ns part of his basic services within the stipulated
LUMV SUM FE1:. However, the CITY reserve , the rigl1t. to .authori: a the PRINCIPAL to
provide additional services, if found necessary by the CITY.
ONE
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SECTION VIII - TERMINATION OF A(111:'•lENT
The CITY retains the right to terminate this; Agrnement at any time prior
to completion of the WORK without penalty to thr CITY. In that event termina-
tion of this Agrcement ;hall ho in wr-it.in,r to the PRINCIPAI, and the PRINCIPAL
shall be paid for his service ; rendered in each completed PHASE prior to
termination in accordance with SECTION V - CnI11'Ia1SATIUII 1•'ui. SERVV-I'S, provided
however that the PRINCIPAL is not in default under the terms of this Agreement.
If, however, the termination of this; Agreement occurs durinq an incomplete
PRASE, then the PRINCIPAL shall be paid at the rate of two and one-half (2.5)
times Direct Technical Salary Expenne for those services rendered in such
incomplete PHASE provided that the PRINCIPAL is not in default under the terms
of this Agreement. In no case ho.,�ever, will the CITY l,ay tht! PRINCIPAL a
greater amount for his incomplete 11HASE than would have br.e-n paid had the
termination been made at the completion of this; PHASE.
In the event of termination, all documents, flans, etc., as set forth
in SECTION XI - OWNEPS11I11 OF DOCt1;•I1:NTS shall become the property of the CITY,
with the same provi:;ioris of use as set forth in said SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALIST
The PRINCIPAL proposes to have the following rpec.ialists, either from
his organization or as his consultants or associate:;, to perform the services
indicated:
A. Architectural
A. Structural
C. Civil "SUPPORTIVE
D. Mechanical DOCUMENTS
E. Elc :trical FOLLOW"
F. Landscaping
The PRINCIPAL will be responsible for all the wolzi: of hi:. own organization,
and of his consultant:; or arsociates. Nothing contained in this Agreement shall
create any contractual relation between any of th- spocialists working for the
PRINCIPAL and tht! CITY. It :;hA l t-e under stool that the. PKTNC:II'AL is in no way
relieved of any rogpon:;ihility under tho terms; of Lhi!; Agreement by virtue of any
other professional who m.iy as-soci.ite with him in porformino the WORK.
-IS-
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SECTION X - ADDITIONAL PROPESSMNALyrol'ONSIBUTTTIS
The following professional services and work by the PRINCIPAL shall not
be considered extra services but on the contrary shall be considered part of
the WORK of the PRINCIPAL.
A. Revise the Construction Documents Pha.,e and Construction plans
and specifications to reduce the cost of construction of the PROJECT to the
final budgeted or CITY approved amount for the construction of the PROJECT,
if the amount of the lowest acceptable bid roceived by the CITY for the
construction of the project is ten percent (10,) or more in excess of the final
amount budgeted or approved for the cost of the construction contract of the _
PROJECT.
B. Any other revisions suggested by the CITY that are within the
scope of the STORK before the Design Development Documents and Outline Specifica-
tions are approved by the CITY.
SECTION XI - O: NEPsmr or DOC':MENTS
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. The PRINCTPAL shall not be liable
for possiblo damages resulting from the CITY'S use of the Contract Documents
on any other project. It is further stipulated that all information developed
as a part of the PP0JrCT shall not be used by the PRINCIPAL without written
consent of the CITY.
It is further understood by and between the parties that any information,
maps, contract documents, reports. tracings, plans, drawings, specifications,
books or any other matter whatsoever which is given by the CITY to the
PRINCIPAL pursuant to'this Agreement shall at all times r.cmain the property
of the CITY and shall not be used by tile. PRINCIPAL for any other purpose
1
whatsoever without the written consent of the CITY.
It is further understood that no press release or publicity is to he
=R issued by the PRINCIPAL without prior submittal to the CTT" and written approval
from the CITY.
r C
. SFC110N XII - AWARD or ACPI:FMV?rr
The PRINCIPAL warrants that he has not employed or retained any company
or persons to solicit or secure this A(Ircornent, that he h,►, not paid or agreed
to pay any company or person any fee, commi:,r;ion, percnntarte, brokerage fee,
or gifts or any other considerations contin-lent upon or re-su.lting from the
award or making of this Agreement.
The PRINCIPAL, also warrants that to the bcs;t of his, knowledue and belief
no Commissioner, Mayor or other officer or employee of tlh'm 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 linen 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 PRINCIPAI, is aware of the conflict of interest laws of both the
City of Miami and Dada-, County, Florida, and agrees that he shall fully comply
in all respects with the terms of said laws.
SECTION XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and intograted Agreement between
the CITY and the PRINCIPAL and superceder, all prior ncgatiations, representa-
tions or Aarcr:mentr;, either written or oral. This= Air,,errent may be amended
only by written instrument by both the CITY and th.� PF.riIcIPAL.
SI'("1'Ir.,N XI ;' - crCrl':;:,t?}•;:, AND AF571c7:111
The PRINCIPAh shall make no assignments of transfer of this Agreement,
or sublet, assign or transfer any part of the WORT: under this Agreement
without the written con:,ent of the CITY. This Agrc-mcnt shall be binding
upon the parties hereto, their heirs., executorfit legal representative,
(� '1 t
successors and assigns.
(-� tn.�J,•��
SECTION XV - TPfITII IN NrrOT1A'1'IoNs DOCUMENTS
FQ1I CIA1The PRINCIPAL hereby certiCir, that w,►,}e ratt tY actual unit
cost.: supportin(i the compviv;ation are accurat.Q, complete Ind current at the
time of contracting and that tho original contract price and any additions
thereto ;hall be adjusted to exclude any significant sum where the CITY
II.
.. determines the contract price was increased duce to inaccurate, incomplete
S
or non -current w;um rato and other factu,rl unit co:;t, such adjustments must
be made within one yoar following the end of the Contract.
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SECTION XVI - RIGHT TO AUDIT
The CITY reserve; 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 thi!; Agreement..
Notwithstanding any other provision of this Arirnem#,nt, 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 PFPCI:NT (20"•) of the LUMP SUM
FEE. At the time the final increment of that L1111P SUM FEE is due to be
paid by the CITY to the PRINCIPAL,, pursu,int 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 ba:;ic services as outlined
in SECTION III herein. If such certification indicates profits in excess
of the maximum set forth above, the PRINCIPAL shall si.multancously remit any
overage to the CITY. The CITY reserves the right to audit the books and records
of the PRINCIPAL and to adjust the amount of any such repayment in the light of
said audit. In calculating the total costs incurred by the PRINCIPAL'S own
staff, the PRINCIPAL shall use a percentage overhead al:plied to the DIRECT
TECHNICAL SALAI%Y EXPENSE as defined in SECTION II herein. The percentage
Ioverhead shall be equal to the actual percentage overhead pertaining for all
Iof the PRINCIPAL'S work in the last twelve (12) month period preceding the
date of this Contract for which data ir; available. All services provided by
subcontractors to the PRINCIPAL shall be includel at the actual cost paid by
the PIt7t1CIPAL and the percentage overhead shill not apply.
SECTIO14 XVII - INSURA!XE AND INDEMNIFICATION
The PRINCIPAL shall not commence work on this Contract until he has
obtained all insurance required under this raragraph and such insurance has
been approved by the CITY.
The PRINCIPAL shall indemnify and save the CITY harmless from any and
all claim„ liability, losses and c.•auses of action arising out of error,
omission or negligent act of the PRINCIPAL, it, accents, servants or employees
in the performance of services under this Agreement.
The PRINCIPAL shall pay all claims anLl losses of any nature whatsoever in
connection therewith and shall defend all suit, in the name of the CITY when
applicable, and shall pay all costs and judgements which may issue thereon.
s k
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The PRINCIPAL ,;hall maintain durin-t the term of this Agreement the
following insurance:
A. Public Liability In::ur,ince in .imoiint:, not loss titan sloo,0oo.00
per person and $300,000.00 her accident for bodily injury and 1150,000.o0
per accident for property dam,urn.
B. Automobile Lidbil.ity In:;urati,-e cov+,ring all owned, non -owned,
and hire vehicle in amounts as indicated .in Paragraph "A" above.
C. Professional Liability Insir,ince .in a minimum amount of $1,000,000.00
covcr.ing all liability arising out of the term. of thi:; Agreement.
D. Employers Liability Insurance in amount:, as indicated in Paragraph "A
above.
E. Workman's Compensation Insurance in the statutory amounts. The
insurance coverage required shall include those classifications as listed
in standard liability insurance manual;, which most nt-arly reflect the
uperati.ons of the PRINCIPAL.
All insurance policies shall be issued by coml-anies authorized to do
business under th+> laws of the State of Florida; and which are approved
according to specifications of the Property Manager of the CITY.
The M'117CIPAL shall furnish certifi.cate:; of insurance to the CITY
prior to the cornrnencrment of opor.ation s, which cf-rtific•at.es shall clearly
indicate that the PRINCIPAL has, obtaitied insurarire in they type, amount and
classification as required for strict c(+inplianco .vith this Section and that
no material chin re or cancellation of th- innui -inoe shill be effective
without the thirty (30) days written notice to the CITY.
Compliance with t.he foregoing requirements shall not relieve the
PRINCIPAL of his liability and obligation. under this Section or under any
11 Q.
portion of. thi:; Agreement. %-
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SECTION XVI I I - Pi(mT of m:cIS1o+ is '
All services shall be performed by the.li'1>44j ric tWdio satisfaction
of the Director of the Park!; r)rpartmont who shill d+'cith' all questions, diffi-
cultic!!; and di.putec of wilatover nature which may ari.;o under ur by reason of
this Agreement., thr proucc_uti<.m and fulfillment of t.hr services hereunder, and
the character, duality, amount, and value thoroof, and thr 111RECTCR'S
decision:; upon all claim., (1114";tions of fact, and di:;putts shall be final,
conclu.ivo ati l i:in,litrl, upon t h, partir : heroto, unlo ,. such &!termination
is clearly arbitrary or unreasonable. In the event that the PRINCIPAL does
not concur in the judgement of the DIPI:CTOR a, to any decision made by him,
the PRINCIPAL shall present his written objections to the CITY MANAGER; and
the DIRECTOR and the PP.INCIPAl, shall abide by the deci ,ion of the CITY MANAGER.
Adjustment of compensation and contract time because of changes in the work
that may be necessary or be deemed desirable as the work progresses, shall be
reviewed by the DTPJ.CTOR and the CITY MANAGL'R and submitted to the City
Commission for. approval.
SECTION XIX - NON-DISCRIMIt1ATI011
A. The PRINCIPAL will not discriminate against any employee or
applicant for employment because of race, color, religion, sec., or national
origin. The PRINCIPAL will take affirmative action to ensure that applicants
are employed, and the employees are treated durinct employment, without regard
to their race, color, religion, sox, or national origin. Such action shall
include, but not be limited to, the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The PRINCIPAI, agrees to post in
conspicuous places, available to employ�es and applicants for employment,
notices to be provided by the Personnel officer setting forth the provisions
of this Equal Oprortunity Claus-7.
A. The PRINCIPAL will, in all solicitatiors or advertisements for
employees placer) by or on behalf of tho rRINCI)'AL, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex or national origin.
C. The PRINCIPAI, will send to each labor union or representative
of workers with which he has collective bargaining agreement or other contract
or understandin(l, a notice, to be provided by the agency Personnel Officer,
advising the labor union or workers' representative of the contractor's
commitments under thin Pqual opportunity clau:;c, and shall host copies of
the notice in ConaFeicuoi : pla��r.: available to empl-ioes arnl appli%:ants for
employment.
D. 71H, PkINCI1'AL will comi>ly with all 1)rovi:ci0n: Of Executive order
No. 1124E of :>411)tembor 24, 1965, as rlmrnderl by Executive Order too. 11375 of
October 13, 1967, and of the miles., renulation, and relevant orders of the
Secretary of Labor.
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E. The PRINCIPAL will fu►:ni^h -ril inform.ttion and reports required by
Executive Order No. 11246 of 24, 1961), a, amended by Executive Order
No. 11375 of octoher 13, 1967, and by tho rules, regulations and order of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records and account. by the cnnt.racti.n,1 agency and the Secretary of Labor
for purposes of .invr:;tigation to -,certain compli,rn:e with .uch rules, regula-
tions and orders.
F. In the went of the PRINCIPAL" non-omplian-o with the Equal
Opportunity clause of this contract or with any of *he said rules, regulations
or orders, this contract may be cancelled, terminatorl or suss—nded, in whole or
in part and the PRINCIPAL may be declar(d inel.i,Iible for further CITY contracts
in accordance with procedures authorized in Exo-utive Order. No. 11246 of
Septomher 24, 19G5, 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 PPINCIPAL will include the provisions of XIX A througli XIX G in
every subcontract or purchase order unless exemptod by rules, regulations or
-
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order No. 112,16 of September 24, 19G5, as amended by Executive Order No. 11375
of October 13, 1967, so that su(7h provi:;ions will be hindirla upon each sub-
contractor or venclor. The PRi,ICTPAI, will ta1:u such action with respect to
any sulcontractor or purchase order as the contra'ina agency may direct as
a moan, of enforcing such provisions, incl'uling ::anctinns for noncompliance:
Provided, howc_-ver that in the event the PRINCIPAL becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
..
direction by the contracting agency, the PRINCIPAL may request ttte CITY to
enter into such litigation to protect thy: interest of the CITY.
SrC'I MN X X - UAI:;III;IlltlTS
The CITY hereby apijrovi,:; the following firm which the PRINCIPAL proposes
to engage to provide c-on^ultincr civil, electrical, mechanical and structural
engineerinq :;ervicv!; for the 1'N0`,11'C1', ar suhc>nttactotr, to the PRINCIPAL:
is
2.1:'n :'t: .17t h ;cvenu •
Miami, Florida 33145
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1'I !E
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DocUNIENTS
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FOLLOW??
,dik .
The PRINCIPAL shall furnioh the CITY with a copy of each of the subcontract
agreements.
The PRINCIPAL shall not subcontract_ for other consulting services without
prior written approval of the CITY.
SECTION XXI - CONSTRUCTION OF A(,PFF,'-11:NT
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 W1117.RTOF the parties hereto have, through their proper corporate
officials, executed this Agreement, the clay and ,ear first above set forth.
ATTEST: CONSULTANT
y
Wallace, Roberts & Todd
ATTEST:
THE CITY OF MrAN4T (a municipal
corporation of the State of Florida)
By.
City Clerk
AFPR.OVED AS To CONT1111T
Director, Department of Parks
City Manager
APPROVED AS TO FORNd & CORRECTNESS
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City Attorney
in
S N
fun)S W 4 Ave.
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EXHIBIT `A"
DRAWING r1
April 23, 1980
CITY OF MIAM1. FLORIOA
INTER -OFFICE MEMORANDUM
TC Joseph R. Grassie DAT{ June 26, 1980 ME
City Manager
' 14 y`\
rRom or F. Knox, Jr.
City ttorney
sus,it f Agenda Item #24 - City Com-
mission Meeting of 6/26/80
Nl$f REW I�-. Latin Riverfront Park
i f N.a.USU pf ti (2 )
II
This memorandum covers a proposed resolution which has been
designated as Item #24 on the Agenda for today's Commission
Meeting. It deals with (a) the authorization of expending
$1,585,852 for all portions of Phase I of the Latin Riverfront
Park project; and (b) the authorization to execute an Archi-
tectural Agreement for design and construction consultation
of Phase I of said project.
Since our Charter requires that only one subject be treated
in a single resolution (or ordinance), we have prepared 2
separate resolutions for this agenda item.
GFK/RFC/rr
cc: Parks Department
Community Development Division