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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 ILA System; and tr < < 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: "SUPF)ORTIVE :� DOCUJ J. FOLLOW L CITY COMMISSION MEETING OF NIAY ; 1O�Cs0 c� Rf.BOLUT1ON NO..� . "' 3 8 RE1UR14 ...............»........... 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 -2- r 80-380 ' t 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 FOLLC,�,'�" ►SO-380 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 -2- DOCK f:" FNTS FOLLD V" 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 "SUPPORTIVE - 3- DC:CU i ? Pr,,,; ..�_; Ll �F�'• y,efLif.'S2c'.u:iui.ii..�.u�- - 0 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 DOC 1 I TS 11 1 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. "SUPPORT!kIF n Af-p r_, .--% D 0 C U 1. i L.. 1 ; 1 ,)FOLLOW I" 0 '' 8o-.780 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 DOCLi FOL - J-W? 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 -7- 80-380 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. "SU PPO DIVE DOC�f 1,- .N� i 5 -b- r•%�1 ;'"'�. jIt �l b.r v 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 D' /r� i.:n.' r =-N1r VVVvUS -9- FCLL WW» 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 FOLLOWIt 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. -10- 4 jo 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. -11- i 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 DOC6.,11 OLEO -12- r 8Q" 3 80 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 CCU" 7r11r -13- 1"IIZ F�LLvv��� f i 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 -14- 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. r 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 F ` y �" ■ 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. �ppQRTI`!E DCjW�:E�! � -26- �V �- I 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 p 11F .. t:oTt 3 .30 r f j � TR�2•: F!:: CE :TER CIfART A FrkW P:. C,..I R�••,P.ITC • 1 —f "•=:! , PEOPLE AOJACENT I 5F I. ( C I :. t E¢UIF�2::T � PiCtt £L_'1' SCE^_SAL I:EYS I GUTIA.._� CHARG-R, CLC ::JCS LJCh'El, CHALXEOAF3 4' X B', ._ 1 200 IN A/C FCR FA;1I 3'1!:ER- I BULLLTIN BOf.,'•D I cat:7,:::'s f� GUlLET, CLCTJIES LOCKER, ACTIVITIES BOARD, cF: iCi 1 1,3 120 I I EV A/C ItITEAC�'! BULLETIN BCFPD I 1 OR•5 4 2 400 RV A/C 011TLET5, (4) CLOTHES LOCE£PS .:C_ PERAREA itll _ I :`F1'-T'iF75T 1 1,2,3 200 NV A/C OUTLETS, INTERCOM, CLOTHLO ES CEERS, OFFICE SUPPLY I T:C':I S'" 161 FLAX. I FA SY57EM (OUT- CAB ItIETS, BULLETIN BOARD I jI!: WAIT SIDE) I C A 1 , '.FFAAATLS j l5^, HV A/C I f OUTLETS i WOiUC ➢EtfCFI WITH VICE 7' X 6' 1 !'M119 PAT.f- 25 F..rrC 1,2,3,9, 50; / 12,11 6C,, (•� H'J A/C � (6)SH—WURS, OUTLETS, PA SYSTEM TILING THROUGHOUT, URINALS WITH DIVIDERS, TOILETS WITH DOORS, p(4?Tn I. �:TS �Y�a�'v SHWRS WITII DORS YJJ %'••:ES t '.GY 6 1, 2, 3, 9, 10; i I II': A.,':', (3i51=WF.PS I I.R. PA I TI LINS TJT,^.U:ItOUT, TOILETS WITH ' I 12,13 100 f (2) I•cT3,(3) Ih�S.� DOOP-5I SIIC'dERS WITH DOORS. iI R „•JS 1 4 BO IPJ A/C LA TILINZ; THROUGHOUT, TOILETS WIT11 I •�.•_: I I1)TO: LET, (1)LA'J, I I I � DOORS i I ctIAF.T A C/SCCT 2 nr 3 FS-. ARCA CSl:IS!IFS 17EDFIS AD:,CE:;T sr I £CUIP.MENT I Y,ECf[ ELECT SPECIAL ITEMS ) FI C' w • F; R. F'•_:: 25 t 6.:., 11 5C I ? IN A/C LR AND PA 25 DSIL:-I:: LC•=FLFi (CUDICISS) rE .t'S i .?f? CRY:::SI DEtiCii E:S, TILE WALLS TO 4' tfI61i � r kit.k R�•.rt 6 ♦ :J :50 IN A/C LR AND PA u !!G [:.:-I;: LCC.Y iS (CLDICLES) i w'.• .i r7'S I ( L:ITG CRYING( �DEt:CULS, TILE w,lLIS TO 4' I1IG}? I AF=.4 I LI L{AFY 7 • .GC Mr A/C LR D73?LU It? DvAFD, (])DESK C:1J:CLES, I 11,2,3,4 � ( I �(CIIt.IiG — ;A'tD::�_R: 100 3,4, 6,7,1]1 2,000 HY A/C LR AI:D PA PRG_;t'" --IC;: n JT!I, CG::7E.�L LIGfiT I::G, y CI1.SSF-{r,l SPEAKER CC::TR7{, VOU'M' AT 5FFvY.FR, CC::- I T I'7U .L'S C?Sr AND PAD7ED SEATS FOR Ij ico 2E.11 r LE �C:h_.:HC•.Y ]D ], 6, 7,12 1 60D IN A/C LR AND INTERCOM ;57r<' .TC?. AND E; ut7:'.sr R'ti9 FOR 0 f.r PARn: L'S r C Ltt I51 Cl T t I °" AD:1 TJ:D C! ATFS FGR _ f J r.."• LR A110 INTERCC•M S A :t'L'iT P:r : F._C i 't :=•%.•- '{ I 70 3,6,7,12 600 1 Irf A/C i I R- TA5:.F.:; A:.D C!IAIFS 1 LR AND I;:Tc:F C:::1 7 '.I., E::i' TPA::.::.5 A:LS A.ND 1:.�'F �•• 3,6,7,12 600 i wr A/C L_� I I IP L 0 17 i•., LR AND PA 7, Sri lrGHFFR, AERIAL EY!?AUSs FAIT --•7 I I I FI.7DR DRAINS 17 _ F 7 F -Is' LIFE DE[:5 .' OR 0,1.'i L U P V SE IT 1 I I I IsT A.,. . 12 x 12 P�•.EP. GOCRS MITI( ( FT. •HLE 353 SINK NI'R ❑Or L LR AND PA (i! I R .. ll5)U?AIf'..;, BUILT-IN 1 F!•M 111,IJ COI-0'':ATER, IN A/C CADIt.E. PrORTIVE EXHAUST FAN "I-LUVV•. ffI CIIART A EST. APEA FI•IISIII:.3 PC" - PECFLE AD.7ACE::T E � :1IP:.E`:T MECH ELECT SPECIAL ITEMS _ I SP I F C W .. CS., CJ CIR- 2 I:�I:E 1,OM IN A/C LR YCID PA STCRAOE FOR EIt:S, TAPES 7d70 ALLC 1T .—J . S,D:J A•f C�UIP:!F I:T, (7)DESrS, (5)CIIRI PS 17 DPI L.. :7U'ER NONE EXTERIOR MINIMUM CF FLOOR DPAII:S ON LR AND PA Sfl^FE AND HLAT RO1-i, REL•SAPLE ROOF. ` G ;.E:.\TED A F,--A (5) l'S: 7LE ALL FL^O1L5, VE!IT OUTSIDE ALSO FOR .ih Tt LAT70!7 PRACTICES, OUTSIDE , FLOGS G FI LT: R S1STEM FORL FI:;F ""'4FE TO THE RCCF APZA, M:•:7'^_M OF SHu^F.E P.COM PE .: ETY NET. FIRE E33 S;.FT. VY •:1 I :I'!UM OF (2) ' PER FLi"`R ' 18 GYM 6, 9, 10 I'm HV A/C '• LR AIM PA MIF3OPS FCR GYM WALL(G) � FLCGa P...TS(3) h�I:IT SCA'..ES I2) :� CI.!:•A TCR L (1) Lw;E 113, ( TFL;PI!OHE, FIREMA77•S SER'JICE I — •� MI!`I `"' 0 4,12 11,CCO II I 11 1 IN A/C LR I DISP:A': CASES, SPECIAL LI'SIATI!IJ , 'I Ii-17" 1G fi ' 0 17 600 ELEC. HOIST ACCESS TO TOP OF TO'ER — AND CAT ldALt. _ _ 1 7 L! V.ING 0 MMIMIT4 25'I —r JP - i IS P. 0 VITA CJ:1IuE 1 ' OW, •T � y YlyC � t * + V 1. �.i-,�� 4' �.`�.•�'; 5?,�'I �C a�' ! . . I n.Y k � %fir+�jj �~�••i � ; �• '�'•i. r'�ti7 tl� v 1r -.�� - t 66 4 � ti �'f 9{ah 3`jtl 2• c S 1S's r � j. + �, � l � ••( 5�3 � •-F• ill T �1, . �1(. I '/.: a✓ SFr �.1< r.rl ��� It ��• �` {.a • . + - � ti , 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