HomeMy WebLinkAboutR-80-0380RESOLUTION NO. 8 0 3 8 0
A RESOLUTION FORMALLY RATIFYING AND APPROVING THE ATTACHED
MAY 9, 1980 AGREEMENT BETWEEN THE CITY OF MIAMI AND A.
TAQUECHEL ASSOCIATES, INC., AN ARCHTTF.CTURAIANGINEERING
FIRM, TO PROVIDE. THE NECESSARY PROFESSIONAL AND TECHNICAL
SERVICES FOR THE. DEVELOPMENT, DESIGN, RENOVATION AND CON-
STRUCTION OF THE MTAMI FIRE'. RESCUE TRAINING FACILITY AND
CLOSED CIRCUIT TELEVISION SYSTEM, IN ACCORDANCE.1aITH THE
TERMS AND CONDITIONS AND PROVISIONS OF SAID AGREEMENT, WITH
FUNDS PROVIDED AND ALLOCATED FROM THE FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BONDS
WHEREAS, the City proposes to renovate the Coconut Grove Incinerator
site on City owned property, located at Jefferson Street and Washington
Avenue, Coconut Grove, to become the Miami Fire Rescue Training Facility
and Closed Circuit Television System; and
WHEREAS, the City has programmed approximately $155,000 from the
Fire Fighting, Fire Prevention and Rescue Facilities Bond Funds to finance
the development, design, renovation and construction consultation expenses
for the Miami Fire Rescue Training Facility and Closed Circuit _Telev��JPA._v
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WHEREAS, the City desires to engage an architectural/enginee ing
firm to render the necessary professional and technical services for the
planning, design and construction consultation of the Miami Fire Rescue
Training Facility and Closed Circuit Television System; and
WHEREAS, the City Commission, by Resolution No. 80-318, dated April
24, 1980, approved the selection by the City Manager of A. Taquechel
Associates, Inc., as the most qualified firm to provide professional
architectural/engineering services for the Miami Fire Rescue Training
Facility and Closed Circuit Television System and has also authorized the
City Manager to negotiate an Agreement with said firm for professional and
technical services required;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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Section 1. The action of the City Manager in executing the attached
Agreement, dated May 9, 1980, between the CITY OF MIAMI and A. TAQUECHEL
ASSOCIATES, INC., an architectural/engineering firm, to provide the
necessary professional and technical services for the planning, design and
construction consultation of the Miami Fire Rescue Training Facility and
Closed Circuit Television System, in accordance with the terms and condi-
tions and provisions of said Agreement, with funds therefor hereby allocated
from the sale of Fire Fighting, Fire Prevention and Rescue Facilities Bonds,
is hereby ratified and approved.
PASSED AND ADOPTED THIS 22 day of May , 1980.
ATTEST:
RALPeGWtIF, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK, ASSIS ANT CITY ATTORNEY
APPROVED AS TO F0,R9-,AND CORRECTNESS:
F. KNOX, JR., C1TY ATTORNEY
MAURICE A. FERRE
M A Y 0 R
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A G R E E M E N T.
THIS AGREEMENT made this ninth day of May, 1980, A.D.,
by and between THE CITY OF MIAMI, a Municipal Corporation of
the State of Florida, hereinafter called the CITY, and
A. TAQUECHEL ASSOCIATES, INC., hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to renovate the Coconut Grove
Incinerator site on City owned property, located at Jefferson
Street and Washington Avenue, Coconut Grove, Miami, Florida, to
become the Miami Fire Rescue Training Facility and Closed Circuit
Television System, hereinafter called the PROJECT; and
WHEREAS, the CITY has programmed approximately $155,000
from the Fire Fighting, Fire Prevention and Rescue Facilities
Bond Funds to finance the development, design, renovation and
construction consultation expenses 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. 80-318, dated April 24, 1980, approved the
selection by the CITY MAI.AGER of A. Taquechel Associates, 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: "SUPPORTIVE
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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, including
preparation of phasing and incremental bidding documents for
construction as necessary, and shall comply with the provisions
of all applicable Federal, State and Local laws.
B. The PRINCIPAL shall perform the professional services
as hereinafter set forth and in general accordance with the
instructions of the CITY.
C. The CITY has budgeted the amount of $1,400#000 for
the total cost of the PROJECT, as follows:
1. $155,000 for design services, including:
a. LUMP SUM FEE for the selected architectural/
engineering firm.
b. Surveys, soils investigations and related expense:
C. Inspection, testing and related expenses.
d. Administration, reproduction and related expenses.
2. $1,275,000 for construction and PROJECT
contingencies, as follows:
a. $695,000 for Building Construction
b. $144,000 for Site Work
C. $839,000 for Total Construction Cost
d. $290,000 for fixtures, furnishings and
equipment, including TV system equipment
e. $116,000 for PROJECT contingencies, including
1.5 percent of the construction cost for art
work.
D. The PRINCIPAL shall design the PROJECT within the
funds available to the CITY for the total construction cost.
"SUPPORTIVE
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E. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES thereof, the LUMP SUM FEE of SEVENTY-FIVE THOUSAND AND
N0/100 DOLLARS ($75,000.00).
SECTION II - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager
of the City.
C. DIRECTOR - is hereby defined as the Director of the
Fire Department.
D. PRINCIPAL - is hereby defined as A. Taquechel
Associates, Inc., 23 Almeria Avenue, Coral Gables, Florida 33134,
(305) 445-9682.
E. PROJECT - is hereby -defined as the renovation and
construction of the existing City owned Coconut Grove Incinerator
site, located at Jefferson Street and Washington Avenue, Coconut
Grove, Miami, Florida, to become the Miami Fire Rescue Training
Facility and Closed Circuit TY System. The existing building
has approximately 16,000 square feet enclosed in almost 650,000
cubic feet of volume and is surrounded by approximately 4.2 acres
of land.
F. ART WORK - is hereby defined as the art work to be
provided based on the scope of the PROJECT as set forth in City
Ordinance No. 8227 and Dade County Ordinance No. 73-77. The
PRINCIPAL shall make every possible effort to have the art work
included as a basic part of the PROJECT design.
G. WORK - is hereby defined as all the professional
and technical services to be rendered or provided by the PRINCIPAL
for the PROJECT, as described in SECTION III - PROFESSIONAL
SERVICES hereof.
H. CONSTRUCTION COST - is hereby defined as the total
final construction contract cost of the PROJECT to the CITY but
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it shall not include any PRINCIPAL's fees or special consultant's
fees or the cost of any survey, legal, finance, administration
or similar services and land acquisition furnished by the CITY
or any cost of furniture, furnishings or unattached equipment
purchased by the CITY.
I. LUMP SUM FEE - is hereby defined as the amount of
money the CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all the professional and technical services
rendered pursuant to this agreement, to complete the WORK as
further defined in SECTION III - PROFESSIONAL SERVICES, hereof.
J. PROJECT MANAGER - is hereby defined as the Manager
of the PROJECT for the CITY.
K. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
the straight -time portion of wages and salaries subject to Federal
Income Tax of the PRINCIPAL'S technical personnel (Principals,
Architects, Engineers, Planners, Designers, Draftsmen,
Specifications Writers and Technicians) engaged directly on the
PROJECT. THE DIRECT TECHNICAL SALARY EXPE14SE charged against
the PROJECT for any personnel, including PRINCIPALS shall not
exceed THIRTY-FIVE AND N0/100 DOLLARS ($35.00) PER HOUR, plus
payroll burden which is not to exceed FIFTEEN PERCENT (15%).
L. 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 Longevity Schedule, all attached hereto and
a part of this Agreement.
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
=o
like term SUPPORT)Vt
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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 and
Specifications, and in Site Inspection, 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. SCHEMATIC DESIGN PHASE
During the Schematic Design Phase, upon written
authorization from the CITY MANAGER, the PRINCIPAL shall:
1. Review EXHIBIT "A"; attached hereto, and any
other requirements of the PROJECT and shall confirm
such requirements to the CITY.
2. Have conferences with the CITY as to the functional
requirements and environmental considerations
(.landscaping, air conditioning,. fenestration, etc.),
structural flexibility, building security, emergency
systems and initial cost parameters for various functions
3. Develop and establish the criteria of the PROJECT,
confirm relationship studies, ascertain the CITY's
requirements, inspect the building site and discuss
with the CITY the purpose, general plans, scope,
design program and phasing the construction schedule.
4. Prepare Schematic Design Studies, based on the
mutually agreed upon program, consisting of drawings
and other documents illustratinc the scale and
relationship of the PROJECT components for approval
by the CITY.
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5. Submit to the CITY a Statement of Probable
Construction Cost based on current area, volume
and other unit cost.
6. Prepare working models of the site development
scheme and of the renovated building scheme.
The CITY will cooperate fully with the PRINCIPAL in
establishing the parameters of the Scope of Work which may be
constructed within the Project Budget.
The Schematic Design Phase shall be completed when the
CITY approves and accepts the Schematic Design Documents.
B. DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written
authorization of the CITY 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 material, type of
structure, mechanical and electrical systems,
utilities locations, and such other works 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 Project Budget
or any subsequent revision thereof approved by the
CITY. Approval by the CITY of Schematic Design
Studies and/or Design Development Documents includes
approval of the construction cost estimates submitted
therewith only if so stated in writing by the CITY.
If either the Statement of Probable Construction Cost
for the Schematic Design Phase or the Estimate of
"SUPPORT1V
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Construction Cost for the Design Development Phase
is greater than the CITY's 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 as necessary
in order to bring the PRINCIPAL's revised Estimate of
Project Construction Cost within the CITY's Project
Budget. The work undertaken by the PRINCIPAL in
revising the documents for the purposes of meeting
the CITY's Project Budget shall be considered as part
of the PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no
addition in fee to the CITY.
3. Submit completed Design Development Documents,
including those required in EXHIBIT "A".
4. The PRINCIPAL shall. make a presentation to a full
City Commission of the Design Development Documents,
Outline Specifications, Construction Cost Estimates,
and rendering.
S. The PRINCIPAL shall revise the Design Development
Documents and other documents as directed by the City
Commission.
The Design Development Phase shall be completed when the
CITY approves and accepts the Design Development Documents.
C. CO14STRUCTIO14 DOCUMENTS PHASE
During the Construction Documents Phase, upon written
authorization of the CITY 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
11SUPPORTI\/E specifications and other contract documents, except
general conditions or supplementary general conditions,
for the complete PROJECT. These documents shall be in
conformance with all applicable state and local laws
and codes and shall include such items as the working
drawings and specifications, adequately setting forth
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in detail descriptions of the construction to be
done and also the materials, workmanship, finishes
and equipment required for all architectural,
structural, mechanical, electrical, service -connected
equipment, (e.g., fixtures and equipment attached to
the facility electrically, mechanically, or structurally)
site development, connection costs, landscaping,
bidding information, and the special provisions of
the Construction Contract, Bid Proposal, the
Construction Contract, and other Construction Contract
Documents.
2. Revise the construction contract plans and
specifications, and any other written report or
written document, as required, to conform with codes,
regulations, rules,' etc., governing the PROJECT.
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 Final Estimate of Project
Construction Cost, based upon the completed working
drawings and specifications, broken down into major
categories. The PRINCIPAL'S Estimates of Project
Construction Cost shall be construed as an informed
professional opinion 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 (working drawings and specifications)
bear the seal of either a Florida registered
professional architect or engineer and that the names
of professionals responsible for major portions of
each separate specialty of the WORT: appear on the
construction contract plans and specifications.
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6. It is to be fully understood that the air conditioning
system for the PROJECT shall provide draft -free air
distribution and uniform temperatures and shall be
designed to minimize operation and maintenance costs.
Therefor, the PRINCIPAL shall provide the services of
a professional with the experience and capability of
designing such a system.
7. Because of the CITY'S concern for energy conservation,
it shall be fully understood that the PRINCIPAL shall
pay particular attention to the designs of all 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.
8. Coordinate the completed construction plans and
specifications with the selected manufacturer and
installer of the TV Closed Circuit System to ensure
that all their requirements will be provided for in
the completed Construction Contract Documents under
this Agreement.
9. Submit the completed construction contract plans and
specifications to the CITY for a complete and detailed
review and approval.
10. Conduct all necessary dry -run checks and assist in
obtaining all necessary permits from all governmental
authorities having jurisdiction over the PROJECT. The
CITY will assist the PRINCIPAL by expediting CITY'S
procedures for this purpose.
11. Deliver to the CITY the completed master set of
construction contract plans and specifications and
other related parts of the construction Contract
Documents in reproducible form.
"SUPPORTIVE
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The Construction Document Phase shall be considered
complete on the day the CITY executes a Construction Contract
for the construction of the PROJECT, but in no case later than
ninety (90) days from the date of delivery by the PRINCIPAL to the
CITY of the completed Construction Contract plans and specifications
ready for construction bids.
D. BIDDING PHASE
1. Prepare any addenda, with accompanying drawings or
other material as required, and submit original
of each to the DIRECTOR for approval and signature
after which the DIRECTOR will furnish a copy for
each set of contract documents prepared.
2. Assemble and furnish the CITY MANAGER data for
publicity releases.
3. Take 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
construction of the PROJECT or ninety (90) days after receipt
of bids whichever occurs first.
E. CONSTRUCTION PHASE
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. Make periodic visits to the site to familiarize
«� P himself with the progress and quality of the work
PO' `TI y E to determine that the work is proceeding in
DOCUMENTS' accordance with the Contract Documents and to submit
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his observations to the CIT1' in writing within five �
(5) working days after each visit.
2. Assist the CITY in considering and evaluating any
suggestions or modifications which fright be
submitted by the Contractor for the CITY'S approval.
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3. Assist the CITY in matters relating to the
interpretation of the Contract Documents.
4. Furnish any additional details or information when
required at the job site for proper execution of
the WORK.
S. Assist the CITY and make written recommendations
to the CITY on matters pertaining to the
Contractor's proposed changes in materials and
equipment, methods of construction and changes
in plans; and on matters relating to extra work
orders and supplemental agreements.
6. Check and approve shop and working drawings, samples
and other submissions furnished by the Contractor;
retain a copy of all shop and working drawings,
duly approved by the PRINCIPAL, for permanent CITY
records.
7. Review all test reports required by the Contract
Documents and provide the CITY with written
evaluation of such test reports.
S. 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. Receive samples which are required to be furnished
at the job site; record data received and from whom;
"SUPPORTIVE DOCUMENTS examine said samples and notify the CITY of his
FOLLOWapproval or rejection and maintain custody of
approved samples.
10. After substantial completion, make a list of items
for correction before final inspection, and check
each item as it is corrected.
11. Upon request by the CITY PROJECT DIRECTOR, attend
and report to the CITY on all required conferences
held at the job site.
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12. Assist the CITY in matters relating to the
Contractor's schedules and requests for progress
payments.
13. During the course of the WORK, ensure that all
guarantees, certificates, operation and maintenance
manuals, keying schedules, spare parts and other
items that have been specified in the Contract
Documents, have been submitted and have been
approved. Deliver all such items to the CITY prior
to the date of beneficial occupancy.
14. Furnish to the CITY within thirty (30) days after
completion of the Construction Phases of the PROJECT,
the original reproducible drawings of the Construction
Contract plans, revised to include all changes or
modifications to the design made during the
Construction Phase.
At the completion of construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY written certification that
to the best of the PRINCIPAL'S knowledge the PROJECT has been
constructed in accordance with CITY approved construction plans
and specifications and CITY approved change orders; and shall
furnish such other written certificates as may be required by
law and regulations applicable to the PROJECT.
The Construction Phase shall be completed when the
PRINCIPAL has delivered the aforesaid certificates, including
"as built" plans, etc., to the CITY; and the City Commission has
accepted said PROJECT.
During all Phases, the PRINCIPAL shall act as his own
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.
Its
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SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY files:
A. The CITY shall provide information regarding its
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 or 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; and information concerning available service utility lines
both public and private.
C. If the CITY PROJECT DIRECTOR observes or has been
notified in writing of any fault or defect in the PROJECT or
nonconformance with the Contract Documents, prompt written notice
thereof shall be given to the PRINCIPAL.
D. The CITY shall do all reproduction and binding of
the bidding and construction sets of the drawings and specifications;
and loan all existing and applicable CITY aerial photographs.
E. The CITY shall appoint a PROJECT MANAGER to act as
liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK,
special conditions or change orders without having received written
authorization from the CITY'S PROJECT MANAGER to do so. Nothing
contained herein shall relieve the PRINCIPAL of any responsibility
as provided under this Agreement.
F. The CITY shall furnish all required testing necessary
for the PROJECT, including core borings, test pits, structural,
mechanical, chemical, soil, and mill and laboratory tests, and
the services of a soils engineer or other special consultants
when deemed necessary by the PRINCIPAL; and the FRINCIPAL shall
be entitled to rely upon the accuracy, completeness, and
competence thereof. "SUPPORTIVE
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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.
SECTION V - COMPE14SATIO14 FOR SERVICES
A. For professional and technical services for the
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 FEE of SEVENTY-FIVE THOUSAND N01100 DOLLARS
($75,000.00), which FEE will hereinafter be called the BASIC FEE.
This payment will be made monthly in proportion to the services
performed so that the compensation at the completion of each
Phase shall equal the following percentages and amounts of the
total BASIC FEE:
ACCUMULATED VALUE OF BASIC FEE
AT THE END OF PHASE % $
Schematic Design Phase 15.0 10,800
Design Development Phase 35.0 25,200
Construction Documents Phase, 75.6 54,000
Bidding Phase 80.0 57,600
Construction Phase
a. Shop Drawings 90.0 640800
b. Contract Administration 100.0 72,000
6. Rendering and Models Lump Sum 3,000
B. In the event that the PROJECT is constructed by
the use of multiple construction contracts (incremental bidding),
then the BASIC FEE will be proportioned during the various phases
of WORK in accordance with the estimated construction values.
SECTION VI - SCHEDULE OF WORK
The PRINCIPAL agrees that time is of the essence and
further agrees to execute the WORK promptly, diligently and only
upon, and in strict conformance with, specific authorization from
the CITY !MANAGER in writing. The Project Longevity Schedule, a
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part of EXHIBIT "A", was develope4 by both parties and indicates
reasonable estimates of the times required to accomplish each of
the phases of WORK as described hereinafter.
A. SCHEMATIC DESIGN PHASE
The PRINCIPAL shall complete the Schematic Design phase
within sixty (60) calendar days after written authorization from
the CITY MANAGER to begin WORK on this Phase.
B. DESIGN DEVELOPMENT PHASE
The PRINCIPAL shall complete the Design Development Phase
within forty-five (45) calendar days after written authorization
from the CITY MANAGER to begin WORK on this Phase.
C. CONSTRUCTION DOCUMENTS PHASE
The PRINCIPAL shall complete the Construction Documents
Phase within sixty (60) calendar days after written authorization
from the CITY MANAGER to begin WORK on this Phase.
D. BIDDING PHASE
The Bidding Phase is expected to require thirty (30)
calendar days, if only a single bidding is used.
E. CONSTRUCTION PHASE
The Construction Phase will commence with the award of
the first Construction Contract, if incremental bidding is used,
or of the Construction Contract, if a single bidding is used, and
shall be completed when all of the following conditions have been
completed:
1. The PRINCIPAL has delivered to the CITY written
certification that the PROJECT has been constructed in accordance
with the CITY approved Contract Documents, including all approved
change orders.
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2. The PRINCIPAL has delivered to the CITY such other
written certificates as may be required by law and regulations.
3. The PRINCIPAL has delivered to the CITY "As -Built"
drawings as required under SECTIO14 III E. 14.
4. The City Commission has accepted the PROJECT by
Resolution. "SUP,rjCRTIVE
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SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
A. The CITY reserves the right to increase the scope
and amount of the construction contract by directly authorizing
the contractor to do extra or additional work without requiring
the PRINCIPAL to furnish professional or technical services.
B. The PRINCIPAL shall furnish landscaping and interior
design services which are normally a part of his contract documents
and specifications, as part of his basic services within the
stipulated LUMP SUM FEE.
C. The CITY reserves the right to authorize the PRINCIPAL
to provide additional services, if found necessary by the CITY, in
which case the fees for these services will be on a negotiated basis.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at
any time prior to completion of, the WORK without penalty to the
CITY. In that event termination of this Agreement shall be in
writing to the PRINCIPAL and the PRINCIPAL shall be paid for
services rendered in each completed PHASE prior to termination in
accordance with SECTION V - COMPENSATION FOR SERVICES, provided
however that the PRINCIPAL is not in default under the terms of
this Agreement. If, however, the termination of this Agreement
occurs during an incomplete PHASE, then the PRINCIPAL shall be
paid at the rate of two and one-half (2.5) times Direct Technical
Salary Expense for those services rendered in such incomplete
PHASE provided that the PRINCIPAL is not in default under the terms
of this Agreement. In no case however, will the CITY pay the
PRINCIPAL a greater amount for an incomplete PHASE than would
have been paid had the termination been made at the completion
of the PHASE.
In the event of termination, all documents, plans, etc.,
as set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become
the property of the CITY, with the same provisions of use as set
forth in said SECTION XI.
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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. 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 the
CITY. It shall be understood that the PRINCIPAL is in no way relieved
of any responsibility under the terms of this Agreement by virtue
of any other professional who may associate with him in performing
the WORK.
SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the
PRINCIPAL shall not be considered extra services but on the contrary
shall be considered part of the WORK of the PRINCIPAL.
A. Revise the Construction Documents Phase and
Construction plans and specifications to reduce the cost of
construction of the PROJECT to the final budgeted or CITY approved
amount for the construction of the PROJECT, if the amount of the
lowest acceptable bid received by the CITY for the construction
of the PROJECT is in excess of the final amount budgeted or approved
for the cost of the construction contract of the PROJECT.
B. Any other revisions suggested by the CITY that are
within the scope of the WORK before the Design Development Documents
and Outline Specifications are approved by the CITY.
"SUPPORTIVE
-1 7- DOCI tI EN i S
FC `,t�Vr["
V
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field
books, survey information, maps, contract documents, reports
and other data developed as a result of this Agreement shall
become the property of the CITY without restriction or limitation
on their use. It is further stipulated that all information
developed as a part of the PROJECT shall not be used by the
PRINCIPAL without written consent of the CITY.
it is further understood by and between the parties
that any information, maps, contract documents, reports, tracing,
plans, drawings, specifications, books or any other matter
whatsoever which is given by the CITY to the PRINCIPAL pursuant
to this Agreement shall at all times remain the property of the
CITY and shall not be used by the PRINCIPAL for any other purpose
whatsoever without the written consent of the CITY.
It is further understood that no press releases or
publicity is to be issued by the PRINCIPAL without prior
submittal to the CITY and written approval from the CITY.
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or
retained any company or persons to solicit or secure this
Agreement, that he has not paid or agreed to pay any company
or person any fee, commission, percentage, brokerage fee, or
gifts or any other considerations contingent upon or resulting
from the award or making of this Agreement.
The PRINCIPAL also warrants that to the best of his knowledc;
and belief no Commissioner, Mayor or other officer or employee of
the CITY 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.
L
-is-
ii v
The PRINCIPAL is aware of the conflict of interest law
Of both the City of Miami and Dade County, Florida, and agrees
that he shall fully comply in all respects with the terms of
said laws.
SECTION XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
Agreement between the CITY and the PRINCIPAL and supercedes all
prior negotiations, representations or Agreements, either written
or oral. This Agreement may be amended only by written
instruments 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
Cn
original contract price
and any additions thereto shall be
�---
adjusted to exclude any
significant sum where the CITY determines
f LIJ (D
the contract price was
increased due to inaccurate, incomplete or
non -current wage rate and
other factual unit cost. Such adjustments
��.
shall be made within one
year following the end of the Contract.
L
SECTION XVI - RIGHT TO
AUDIT
The CITY reserves
the right to audit the records of
the PRINCIPAL any time
during the prosecution of this Agreement
and for a period of one
year after final payment is made under
this Agreement.
j
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 PERCENT (20%) of the LUMP SUM FEE. At the time of the
-19-
0
I
final increment of that LUMP SUM.FEE is due to be paid by the
CITY to the PRINCIPAL pursuant to the terms of SECTION V herein,
the PRINCIPAL shall submit to the CITY a certification of his
total costs incurred and profits realized in providing the basic
services as outlined in SECTION III herein. If such certification
indicates profits in excess of the maximum set forth above, the
PRINCIPAL shall simultaneously remit any overage to the CITY.
The CITY reserves the right to audit the books and records of the
PRINCIPAL and to adjust the amount of any such repayment in the
light of said audit. In calculating the total costs incurred by
the PRINCIPAL'S own staff, the PRINCIPAL shall use a percentage
overhead applied to the DIRECT TECHNICAL SALARY EXPENSE as defined
in SECTION II herein. The percentage overhead shall be equal to
the actual percentage overhead pertaining for all PRINCIPAL'S
work in the last twelve (12) month period preceding the date of
this Contract for which data are available. All services provided
by subcontractors to the PRINCIPAL shall be included at the actual
cost paid by the PRINCIPAL and the percentage overhead shall
not apply.
SECTION XVII - INSURA14CE AND INDEMNIFICATION
The PRINCIPAL shall provide insurance as required hereinbelo•
prior to commencing work in this contract.
The PRINCIPAL shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all
suits in the name of the CITY when applicable, and shall pay all
costs and judgements 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
$100,000.00 per person and $300,000.00 per accident for bodily
injury and $50,000.00 per accident for property damage.
B. Automobile Liability Insurance covering all owned,
nonowned, and hire vehicle in amounts as indicated in
Paragraph "A" above.
"SUPPn%-J Ink 76 1.11E
-20- D CL JrriE .) i
F..LLOW
Room
C. Profes'sional Liability Insurance in a minimum
AMOUht of $1,000,000.00 covering all liability arising out
Of the terms of this Agreement.
D. Employers Liability Insurance in amounts as
indicated in Paragraph "A" above.
E. Workman's Compensation Insurance in the statuatory
amounts. The insurance coverage required shall include those
classifications as listed in standard liability insurance
manuals, which most nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida;
and which are approved according to specifications of the
Property Manager of the CITY.
The PRINCIPAL shall furnish certificate of insurance
to the CITY prior to the commencement of operations, which
certificates shall clearly indicate that the PRINCIPAL has
obtained insurance in the type, amount and classification as
required for strict compliance with this Section and that no
material change or cancellation of the insurance shall be
effective without the thirty (30) days written notice to the CITY.
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 th Director of Solid Waste -"who shall decide
all questions, difficulties and disputes of whatever nature
which may arise under or by reason of this Agreement, the
prosecution and fulfillment of the services hereunder, and
the character, quality, amount, and value thereof, and the
DIRECTOR'S decisions upon all claims, questions of fact, and
disputes shall be final, conclusive and binding, upon the parties
hereto, unless such determination is clearly arbitrary or
«SppppRTIVE
pC�U,VENTS
Fv
It
Unreasonable. In the event that.the PRINCIPAL does not concur
in the judgement of the DIRECTOR as to any decision made by
him, the PRINCIPAL shall present his written objections to the
CITY MANAGER; and the DIRECTOR and the PRINCIPAL shall abide
by the decision of the CITY MANAGER. Adjustment of compensation
and contract time because of any changes in the WORK that 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-DISCRIMI14ATION
A. The PRINCIPAL shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, or natural origin. The PRINCIPAL shall 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 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 shall, 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 shall 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
<<Supl0
D � � �Q�T1
CVE
-22- GLf;, - n
F, N��
80-380
I
A
1.LJ Cn
• Z
UO
(DU.
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 applicants for employment.
D. The PRINCIPAL shall comply with all provisions of
Executive Order No. 11246 of September 24, 1965, as amended by
Executive Order No. 11375 of October 13, 1967, and of the rules,
regulations and relevant orders of the Secretary of Labor.
E. The PRINCIPAL shall 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.
F. In the event of the PRINCIPAL'S noncompliance
with the Equal Opportunity clause of this contract or with any
of 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 PRI14CIPA L 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 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 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:
-23-
I
•.ate-sis.�::.?sw«;�• s,ff�tt✓ 7;.'�.:�.., M?�'+!' a
. s
Provided, however, that in the event the PRINCIPAL becomes,
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the PRINCIPAL may request the CITY to enter
into such litigation to protect the interests of the CITY.
SECTION XX - CONSULTANTS
The CITY hereby approves the following firm which the
PRINCIPAL proposed to engage to provide consulting services for
the PROJECT, as subcontractor to the PRINCIPAL:
Civil, Electrical, Mechanical and Structural Engineering Services:
Breiterman, Jurado and Associates International, Inc.
420 South Dixie Highway
Coral Gables, Florida 33146
(305) 667-7464
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.
„SUPPOp-
DO
FOLLOW"
-24-
IN WITNESS WHEREOF the parties hereto have, through
their proper corporate officials, executed this Agreement,
the day and year first above set forth.
ATTEST:
13Y:
Secretary
ATTESTS THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
By:
City Clerk City Manager
APPROVED AS TO CONTENT APPROVED AS TO FORM & CORRECTNESS
�1 �
Director LOOIL - City Attorney
uSU
PPORT1
DQC VE
El�V
EXHIBIT "A"
TO
AGREEMENT BETWEEN
THE CITY OF iMIAMI AND A, TAOUECHEL ASSOCIATES, INC.
CONTENTS
It SCOPE OF WORK
2, PROJECT BUDGET
3, PROJECT LONGEVITY SCHEDULE DATED
MAY 91 1980
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PROJECT BUDGET M
i
1.
DESIGN SERVICES
a. Lump Sum Fee
$ 75,000
b. Surveys, Soils, etc.
10,000
C. Inspection, Testing, etc.
42,000
d. Administration
28,000
$ 155,000
2.
CONSTRUCTION COSTS
a. Building Construction
695,000
b. Site Work
144,000
839,000
3.
FIXTURES, FURNISHINGS & EQUIPMEPT
a. Closed Circuit TV System
250,000
b. Fixtures and Furnishings
40,000
290,000
4.
OTHER EXPENSES
a. Art Work
15,000
b. Contingencies
101,000
116,000
5,
TOTAL PROJECT BUDGET
$1,400,000
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
.o Joseph R. Grassie DATE May 7, 1980 TILE
City Manager
SUBJEC• City Commission Agenda Item
Meeting on May 22, 1980
/GGe.0
rROM Chief }i. W. Brice, Director REFEPENCES Resolution Ratifying Agreement w/
Department of Fire Taquechel for Fire Training Facilit
ENCLOSVRF.5
Resolution w/attached Agreement
The enclosed Resolution is submitted for Co-mmission approval
at their meeting on May 22, 1.980. This Resolution ratifies
the Mav 9, 1-980 Agreement with Taquechel Associate's for
architectural/engineering services for the Minmi Fire Rescue
Training Facility and Closed Circuit Television System in
accordance with Res. 80-318 dated April 24, 1980.
The negotiated fee for these services is $75,000 with funds
provided by Fire Fighting, Fire Prevention and Fescue Facilities
Bond Funds.
I
cc:N) Law Department
Manaeement & Budget
Planning Department
3
n
_ 0
—� m
N a
C3
N y
ro
$0��80 R