HomeMy WebLinkAboutR-79-0524Associates to
RESOLUTION, NO.
79.
524
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE
CITY OF MIAMI AND R. DUELL AND ASSOCIATES,
ARCHITECTS, ENGINEERS AND PLANNERS, FOR PRO-
FESSIONAL. CONSULTING AND DESIGN SERVICES IN
CONNECTION WITH THE WATSON ISLAND PROJECT
FOR AN AMOUNT NOT TO EXCEED $4,820,000,
SUBJECT TO. AVAILABILITY OF FUNDS; FURTHER
AUTHORIZING''` THE CITY MANAGER TO EXPEND NOT
MORE THAN $200,000 FROM THE WATSON ISLAND
CAPITAL IMPROVEMENT FUNDS FOR PAYMENT OF
INITIAL SERVICES TO BE PERFORMED UNDER SAID
AGREEMENT; FURTHER AUTHORIZING THE TOTAL
EXPENDITURE OF NOT MORE THAN $4,820,000
FOR ALL SERVICES TO BE RENDERED UNDER SAID;,
AGREEMENT CONDITIONED UPON SUCH FUNDS BECOM-
ING AVAILABLE BY MEANS OF THE SALE OF BONDS,
THE RECEIPT OF GRANTS, OR OTHER SOURCES, AND
FURTHER CONDITIONED " UPON SAID FUNDS BEING
APPROPRIATED BY THE CITY COMMISSION.
WHEREAS, the City has selected R.'Duell and Associates as
part of the Developer -Operator team by Resolution No. 77-671,
dated July 28,.1977; and
WHEREAS, the City approved the overall design concept by
Resolution No. 78-302, dated April 28, 1978, which concept was
part of the Agreement entered into between the City' and Developer -
Operator, Diplomat World -Enterprises, -"Ltd., dated November 11,
1977; and
WHEREAS, said Agreement has been
79-408, dated June 4,1979; and
WHEREAS,
t is in the City'
best
revised by MotI°OC o EN l INDEX
ITEM NO. /6 "
interest to incorporate
the design concept in the working drawings and construction
phases of the Watson Island Project; and
WHEREAS,, it is the City' desire desire to engage R. Duell and.
continue to provide the necessary professional and
technical services required to produce the working drawings and
to administer the construction phases of""the Watson Island
Project;
NOW, THEREFORE, BE IT :RESOLVED:BY THE COMMISSION OF THE CITY.`
OF MIAMI,
FLORIDA:
CITY COMMISSION
MEETING OF
JUL2 3 1979
�aoumoM re7 9 - 5 2
Section 1. The City Manager is hereby authorized to
execute the attached agreement between the City of Miami and
R. Duell and Associates, architects, engineers andplanners,
for professional consulting and design services
with the Watson Island Project for an amount not
$4,820,000, subject to availability of funds.
Section,2. The City' Manager is hereby authorized to expeni
not more 'than .$200,000:using Watson Island Capital Improvement
in connection
to exceed
Funds to pay for services to be performed under Section ;III, the
Development Permitting Phase portion of the aforesaid agreement.
Section 3. The City Manager ishereby authorized to expend
to be rendered under
not more than $4,820,000 for all services
the herein agreement, conditioned upon such funds becoming
available by means of the sale of bonds, the receipt of grants,
or other sources, and further conditioned upon said funds being
appropriated by the City:, Commission.
PASSED AND ADOPTED this 23rd day of 01111Y ,..1979
ATTEST:
RALPH G. 0 IE
CITY C RK
PREPARED AND APPROVED BY:
ROBERT F. CLARK'
ASSISTANT CITY ATTORNEY`
APPROVED AS TO FORM AND
GEORG F. KNOX, JR.
CITY A ORNEY
Maurice A. Ferre
CORRECTNESS:
M AY O R
79-524
EXHIBIT 8-7
''clause o
'remainder
Section 7. Severability: If any section, subsection,
held invalid,
provision of -this
ordinance i
invalidity.
Section 8. The provisions of this ordinance shall
become effective days after the date of its
enactment.
d
PASSED on first reading by title only
1 this
y of C. Ce/i..it < 197 .
PASSED AND ADOPTED on second and final reading by.
tittle only; 'thi s
ATTEST:
.PREPARED AND APPRCVED
. ( 1 .t
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ram
COHN:S. LLOYD
ITYATTORNEY:
i
EXH B-7
r
MOT-78-100
(2/9/78)
RFC/rb
2/16/78
4
EXHIBIT B-8
ORDINANCE NO. 8759
AN ORDINANCE AMENDING SECTION 16-5..5 OF THE
CODE OF THE CITY, OF MIAMI, FLORIDA, WHICH
ESTABLISHED A CULTURAL ARTS ADVISORY COMMITTEE
By REPEALING SAID SECTION IN ITS ENTIRETY AND
SUBSTITUTING THEREFOR, A NEW SECTION RENAMING
, SAID COMMITTEE AND RE-ESTABLISHING THE SAME,
DESCRIBING ITS STRUCTURE, MEMBERSHIP SELEipCT,ION
PROCESS, AND TERMS OF COMMITTEE MEMBER.)eliA
AND CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
BE IT ORDAINED BY, THE COMMISSION OF THE -------------- CITY OF
MIAMI, FLORIDA: .
Section 1. Section 16-5.5 of. the Code of the City
of Miami, Florida, is. 1.ereby amended by repealing said section
in its entirety and substituting therefor the following:
"16-5.5. Same— ultural arts advisory committee
esi
tablshed. ..
An 'Arts In Public Places Committee' I.s hereby established
whose taembers shall be appointed by the city commission.
The committee shall consist of 5 individuals possessing a
high degree of competence in the evalitati.on of sculpture,
painting, artistic structural design, and/or other approPr
ate art media for display or integration in public places.
(a) All nomi.nations .for membership on this committee shall
be provided to the city commission by a 3-member • nomin-
.
a ting pahtel, consist.ng of one representative of each
of the following: the Cultural Executives Council, Inc.
the South Florida Chapter of the American Institute of
.Architects; and the Dade Cbun,ty Council of Arts and
ScieflCe
( ) Persons wishing to rtomittate others for membership on
the herein oorami.ttee, or persomniss sseoek,inga tobe nw eamnidn-
aats.e dt_thmeemeeltvoe sthaes committeehom.ationmaetabe rs , mpaeyeefiu,rneieshwell
" n rabers 0 city icom
sai
their nataesf dtihreefcqt
thlye to ythe nominating
d namesn who will forward
lysis o ualiifni-ct-118 of those persons.
panel for
ana
(c) Anyone whose name is received by the nominating panel
must agree to serve, if appointed, before he or she is
nominated by the panel.
(d) The 5 initial committee taembers shall be selected from
a list of 10 nominees provided by the nomirtating panel
If the city commi.ssion appoints less than 5 committee
metobers from such list, the panel will submit 2 addi-
tional names for each membership vacancy remaining.
In the event membership vacancies still remain, the
panel will again submit 2 additional names for each
membership vacancY.. This Process shall continue until
all vacancies have been filled. t
1
1,
. i
1
t
EXH B-8
Future selections; to
expiting;ms sh
frcIDa listert of name
pa ingof alls 2
n.
ordinance,
(e).
(f)�
e. consist position.
menmbership p
EXHIBIT B-9
ncies created b.Y
be made by t i 8
PYov
:nominees for.; .each, vacant;; ,
fill=,vaca commission
h`e city
ded�_by the ;nomina.t
Initial,membership terms
follows'
Group I
3 memb
terins:•:.
Group II 2 members servin
terms.
Office
shall.
e ;a
ers serving initial 5-year
initial 3-year
) Upon the expiration of these .initial terms,
� all be made for terms of
tments sh
succeed--
5 years.
aP.P° n
the direction; of the ci
n cy
at rthe manager,
Thee committee shall;.meetlace' designated by
manager, at.:a, time. and place = capacity. , All such � meetings
and shall act in an,;advblic.�
g
are to be open to the pu
All ordinances
g
Section 2.
insofar as they are in
are hereby. repealed.
Section 3.
clause, phrase,
remaining provisions of.
PASSED ON FIRST READING BY
of February
PASSED ANTI' ADOPTED ON SECOND
da
23rd y February
of
conflict
If
or parts o
ordinances,'.
with. the provisions of
section;` parto;
ordinance is d
ONLY THIS
ATTEST:,
LPH;'
r word
any'.
of this
this ordinance
O NGIE, CITY CLER
PREPARED AND APPROVED Y
1978.
thi
section, paragraph,
shall ,no,t
TITLE ONLY THIS - 9th_
eclared invalid,
e affected.
the
day
AND FINAL READING BY
978.
MAURICE A FLARE:
MAURICE A FE RRE , M AY 0 R
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
AS TO FORM AND CO
APP
GEORGE
KNOX, JR. , CITY,
'T SS
TITLE
EXH B-9
C, FARRIS BRYANT
WILTON R, MILLER
W. ROSERT OLIVE, JRr
HUGH M, TAYLOR
ELISE F, JUDELLE
WILLIAM D, MOORE
TO:
FROM:
DATE:
RE:
LAW OFFICES
BRYANT, MILLER AND OLIVE
700 SARNETT SANK WILDING
TAI4LAHASSE;E, 10LORIDA 32301
111041 222461 1
MEMORANDUM
John Gilchrist
Project Manager for Watson Island
Watson Island Project
The attached Resolution authorizes and approves the enclosed
Indenture of Trust between the City and the Corporate Trustee for
the benefit of the Bondholders. By approving the Indenture the
City authorizes the issuance of not to exceed $55,000,000
principal amount of revenue Bonds of the City. The Bonds are
divided in two series:
One series is called Public Improvement Senior Revenue Bonds,
Series 1979A (Watson Island Project) referred to in the Indenture
as the Series 1979A Bonds, to be issued in an amount not to exceed
$35,000,000. The other series is called Public Improvement
Revenue Bonds, Series 1979B (Watson Island Project) referred to in
the Indenture as Series 1979B Bonds, to be issued in an amount not
to exceed $20,000,000.
The Indenture creates a Trust Estate in the Pledged Revenues
as defined in the Indenture; and on construction contracts and
operating contracts for the Project; the Guaranteed Entitlement
Revenues Fund and Non -Ad Valorem Revenues and Taxes; the Net
Proceeds, if any, received from insurance claims and condemnation
awards; and proceeds derived from the sale of the Bonds.
The Series 1979A Bonds are secured by a first lien on the
"Pledged Revenues", as defined in the Indenture, which include Net
Operating Revenues of the Project; other income received by the
City from the ownership of the Project; investment earnings; net
proceeds received from casualty insurance claims and investment
thereof; and awards made in eminent domain proceedings.
The Series 1979B Bonds are secured by a junior lien upon the
"Pledged Revenues" and a first lien on the Guaranteed Entitlement
portion of the moneys received by the City under the State Revenue
Sharing Act. Also, other Non -Ad Valorem Revenues and Taxes of the
John Gilchrist
July 17, 1979
Page Two
City are pledged to the payment of the Series 1979B Bonds but the
City has the right under the Indenture to issue other bonds for
any lawful purposes on a parity with the Series 1979A Bonds so
long as the amount of Non -Ad Valorem Revenues and Taxes including
Guaranteed Entitlement Revenues historically exceed 1.25% of the
Maximum Bond Service Requirement coming due on the Series 1979E
Bonds.
The Bonds are not secured by the full faith and credit of the
City or by the City's ad valorem taxing power.
The City may issue Additional Senior Revenue Bonds on a
parity with the Series 1979A Bonds for the purposes of enlarge-
ments or expansion or repairs of the Project of a major nature
arising after completion of the Project and for other purposes so
long as the Net Revenues of the Project are two times the Maximum
Bond Service Requirement on the Series 1979A Bonds and 160 percent
of all Outstanding Bonds.
Additional Revenue Bonds on a parity with the Series 1979B
Bonds may be issued for the purposes of providing Funds to
complete the Project; to make repairs of a major nature arising
from casualty or unanticipated conditions; for making enlargements
and expansions to meet existing or prospective demands for
additional recreation and amusement facilities so long as the Net
Revenues are sufficient to pay 1.60 times the Maximum Bond Service
Requirement and Guaranteed Entitlement Revenues and other pledged
Non -Ad Valorem Revenues and Taxes collected by the City for
payment of the Series 1979B Bonds and Additional Revenue Bonds are
equal to 1.15 times the Maximum Bond Service Requirement on the
Series 1979E Bonds and the Additional Bonds.
The Manager's fee is not included as an element in the cost
of operation and maintenance of the Project and must be paid from
Funds available after other requirements in the Indenture are met
or from other legally available sources.
The Indenture provides that the Net Bond Proceeds shall be
deposited in a Project Construction Fund. Nevertheless, the City
cannot spend or obligate to spend moneys from the Project
Construction Fund of an amount in excess of an amount required to
redeem the Series 1979A Bonds unless the City and the various
independent consultants can certify that the Project can be
completed from available Funds and that the Project will be
self-liquidating as built.
John Gilchrist
July 17, 1979
Page Three
Furthermore, the Indenture provides for the creation of a
Revenue Fund to which Project .Revenues will be deposited as
received; a Guaranteed Entitlement Revenues Fund to which
Guaranteed Entitlement Revenues will be deposited as received; a
Debt Service Fund from which any principal and interest on the
Bonds shall be paid when due from accounts therein; a Reserve Fund
from which shall be paid principal of or interest on the Series
1979A Bonds or Additional Parity Senior Revenue Bonds if moneys
are insufficient in the Debt Service Fund; moneys in the
Guaranteed Entitlement Revenues Fund shall be used to pay
principal and interest on the Series 1979E Bonds and Additional
Revenue Bonds if moneys are insufficient in the Debt Service Fund
and otherwise shall be returned to the City on a monthly basis if
not required for such payments.
The Indenture provides for maintenance of the Project, the
insuring. of the Project and other general covenants of the City.
The Indenture also sets forth the responsibility of the Trustee;
provides for Events of Default which include failure to pay
principal and interest when due and violation of any covenant of
the Indenture; remedies in the event of default, including the
appointment of a receiver and any other legal action available to
the Trustee and Bondholders.
The Indenture also contains provisions forredemption of the
Bonds under optional or mandatory circumstances and a means of
supplementing the Indenture.
11111 1111111111011111111MNImmumeara
f1
BID SECURITY
tf Lvalt' atj
Orange Bowl Crowd Control Services
Department of Stadiums & Marinas
BIDDER
Andy Frain
DATE SIDS RECEIVED
July 3, 1979
FOR
TYPE OF SECURITY AMOUNT ACCOUNTING
USE
$500.00
1000 Lincoln Road, Suite 220
Miami Beach.Florida
_,A1 1 Star SaCftri ty" SarviCac ?tin
9165 Park Drive
Miami Shores, Fla. 33138
Cashier's Ck. 4#072355'
Flagship National Bank of M.
Cashier
Ck. #072345
Flagship National Bank. of M.
The Wackenhut Corporation
No Bid
7140 N. W. 12:'St.
Miami, Fla. 33126
s
Received
descri t checks this doy of ; 19
�� FOR ACCOUNTING DIVISION
CITY OF MIAMI, FLORIDA
REQUISITION FOR
QUANTITY REPRESENTS DEPARTMENT
ADVERTISEMENT FOR BIDS REQUIREMENTS FOR MONTHS
RECEIVED
'7g J11N
n
stadiums
Ra1p n CleOrkgle
"\,.1 DEPT I DIV Olty of
ACCOUNT CODE 41o2'' "340
Q BID NO. 7R-79-104 DATE...
Z PREPARED BY PHONE—_
CODE ITEM DESCRIPTION.
TOTAL
ESTIMATED COST
CONTRACTUAL:
INCIDENTAL :`
TOTAL
$''1O,O00.00
100.00
SOURCE OF FUNDS :
To be filled in by,
EXPENDITURE CONTROL:
DATE DATE ' DATE DATE DATE DATE
AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
Crowd Con
SECURED FOR
rol Contract
DEPARTMENT OF:
Stadiums utms and: Marina.
ADVERTISE. ON
June 21 1979.
BIDS TO BE RECEIVED ON
July 3, 1979
DIRECTOR OF ISSUING DEPARTMENT,
1
a
FUNDS AVAILABLE FOR PROJECT INVOLVED
PROJECT CODE
COPIES' TO: Purchasing (Org:)
FORM NO. 1043 - REV. 74 WHITE
EXPENDITURE CONTROLLER
AD CODE
— City Manager — City Clark'-!:apenditure Control Issuing Department - Other Affected Department
GREEN PINK CANARY BLUE GOLDENROD
Legal Adverts ent
81 d N o . 78-79-104
'Sealed bids will be received by the City Manager Wand'
CityClerk of ` the City of Miami. Florids no later than
10:00 clock.M. "July 3, 1979_.
for furnishing Orange Bowl Crowd Control Services including
ticket sellers, ticket takers, and ushers, for the Department of
Stadiums and Marinas
in accordance with detailed specifications avai
upon;, request at the office of, the Purchasing Agent.,-
Purchasing' Division, 3318 Pan American Drive,..`!ia�i,
telephone 579 5380. The City Manager has Che powex"to
reject all bide and readver.tise.
1. R. (:rays ie
City Manager
able
4 r 411.
,:�V.St?:w j�xcit� {rMi+:�i?/a!fC
Joseph R. Grassi''9
City Manager
R? L . eni�
Stadi ms &
41uL
13 PIA ' Site
n Director
rinas Department
,,•r July 13,
1979
tiLaJti::, Agreement . for Crowd Control
service at Orange Bowl
REFERENCES•
rSURES:
Draft resolution
Bid Evaluation sheet.
Agreement with Andy Frain -
Florida, Inc.
It is recommended; that: the bid of Andy' -Frain
Florida, -Inc. be accepted as, being'.the most
advantageous to the City, and that the City
Commission adopt the enclosed. Resolution
authorizing the City.Manager to execute the,
enclosed contract ;between.; the City'and-Andy
Frain -Florida, Inc "for.furnishing..Crowd
Control Service'at.the. Orange 'BoWl% Stadium.
as required .
for
On July 3, 1979 two bidswere.. received by the city,
crowd control service at the Orange Bowl Stadium.
The enclosed analysis sheet provides asummary of those bids.
Andy Frain -Florida, Inc. was the low bidder. However, even more
important, Andy Frain -Florida, Inc.' hassatisfactorily furnished
crowd control service ` In the Orange Bowl since 1966 and therefore
is completely familiar' with the activities and the problems at
the "'Orange Bowl Stadium.
The Department of Stadums and Marinas recommends the adoption
of the attached reso1uton awarding the bid for furnishing
crowd control service for .the Orange Bowl to Andy Frain -Florida,
Inc., and further recommends that the City Manager be authorized
to enter into the attached contract for said services for a
period of one year, with an option for renewal for two additional
one-year periods
furnishing.
r111111l111111111Ull I II III III 1 I III
BID i2 s
r ? C"77
With_• C. _C. _ ova
up {, t:
•
AGREEMENT BETWEEN
CITY OF MIAMI
AND
R. DUELL AND ASSOCIATES
TABLE OF CONTENTS
DESCRIPTION
AGREEMENT
WITIVESSETII
SECTION I - GENEFNAL
SECTION II - DEFINITIONS
SECTION III - DEVELOPMENT PERMITTING PHASE
SECTION IV - PROFESSIONAL SERVICES ,
A - SCHEMATIC DESIGN PAI1SE
B - DESIGN DEVELOPMENT PHASE
C - CONSTRUCTION DOCUMENTS PHASE.
D - PROCUREMENT PHASE
E - BIDDING PHASE 9
CONSTRUCTION PHASE 10
SECTION V -- REIMBURSAI3IJES 12
SECTION VI - CITY ' S AND DIPLOMAT'S SERVICES AND
kESPONSIBILITIES
SEC? ION VII -- C.'0!,1PENSATION FOR SERVICES
PAGE
A - GENERAL
- FEES
- REIMBURSABLES
TRAVEL POLICY
PAYMENTS
SECTION VIII - SCHEDULE OF WORK
SECTION IX - ADDITIONAL WORK AUTHORIZED BY CITY
SECTION X - TERMINATION OF AGREEMENT
SECTION XI - PRINCIPAL'S SPECIALISTS 17
SECTION XII - ADDITIONAL PROFESSIONAL RESPONSIBILITIES 18
SECTION XIII - OWNERSHIP OF DOCUMENTS . 18
14
14
15
15,
15
16
17
DESCRIPTION. PAGE
SECTION
SECTION
SECTION.`
SECTION
SECTION
SECTION.
SECTION
SECTION
SECTION
{V` EXTENT.OF AGREEMENT
XVI _„ SUCCESSORS AND: -ASSIGNS
XVIT TRUTH IN NEGOTIATIONS
XVIII - 'RIGHT TO ' AUDIT
YT;{ INSURANCE-
-
.Y\ ARBITRATION
XXI -.NON-DISCRIMINATION
XXII CONSULTANTS
XXIII CONSTRUCTION OF AGREEMENT'-
19
0
20�
21
22.
22:
-24
ii
INGREEMENT
THIS AGREEMENT, made this
ay. of , A.b.
1979, by
between the: CITY OF MIAMI, a Municipal Corporation of the State; _o
Florida, hereinafter called CITY, and R. DUELL AND
and Planners,
into
California
Corporation,
and
ASSOCIATES, Architects
hereinafter called the PRINCIPAL.
WITNESSETH
WHEREAS, the CITY proposes to develop the City -owned
a major recreational and entertainment center, including a themed
amusement
park, a specialty
shopping
a waterborne transportation terminal,
center, extensive
Ln
Watson Island v,
marina
facilities,
international amphibious airline
a municipal heliport, extensive gardens and parking for 3,000
autos and 75 tour buses,and related amenities .hereinafter call~ed. he
terminal,
PROJECT;
Deve
PROJECT; and
and
WHEREAS, the CITY has programmed $55;,000;,000.00 Watson Island
lopment Bond Funds to finance the development and designof the
WHEREAS, the CITY. is seeking a $10,000,000.00 federal
the U.S. Department of Housing and Urban. Development; and
WHEREAS, the CITY has selected R. Duell
the Developer -Operator team by Resolution No. .77-671, dated 28 July1977;
and
WHEREAS,~ R.
grant from
and Associates as: part of
Duell ant Associates prepared
preliminar
and an overall design concept in accordance with the
of an Agreement, dated
entered
11 November 1977, and
amended
into by the, CITY and the Developer -Operator,
Enterprises, Ltd; and.
N
WHEREAS, the CITY approved said overall design:
73-302, dated'27 April 1978; and',
terms
drawings
and conditions
4 June; 1979,.
Diplomat World
concept by Resolution
WHEREAS, the Y desires to engage R. Duell and Associates to
render the necessary professional and technical
called WORK,
for the completion of the
of the PROJECT
and
do
services, hereinafter
ign and construction phases
•
9!?
Lump
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
not to exce
pay
SECTION III DEVELOPMENT PERMITTING SERVICES, hereof,,: an
ed THREE HUNDRED AND FIFTY
amount
THOUSAND AND NO/DOLLARS ($350,000.00).
G. The CITY agrees` to pay . and the PRINCIPAL agrees to :accept as
ment in
full 'for .all professional and technical services, hereof,
Sum FEE of FOUR MILLION ONE
($4 ,170, 000.00 ).
pay
HUNDRED SEVENTY THOUSAND AND
the
NO/DOLLARS
II.; The CITY agrees to pay and the PRINCIPAL agrees to.`acceptas
merit in full for all REIMI3URSABLES, as outlined in 'SECTION V -
REIMBURSAI3LES, hereof , an
NO/DOLLARS ($300,000.00,;)
SECTION II - DEFINITIONS'
amount not
exceed THREE HUNDRED THOUSAND AND
. ' CITY - is hereby defined as the City of Miami, Florida.
• CITY MANAGER - is hereby defined as the City Manager of,
• PROJECT DIRECTOR - is hereby defined ,as the Director of ;.the;
PROJECT for the CITY.
Wilshire
the City.
PRINCIPAL - is hereby defined as R. Duell and Associates,
Boulevard,; Santa. Monica, California 90401, (213)451-5873.
606
E s hereby defined 'as a major park development City -
owned Watson Island, an island in Biscayne Bay of approximately 87,acres in
size, located on MacArthur Causeway. The development will consist of the
design and construction of all required infrastructure system within and
ani employees;
PROJECT - i
externa', t
amusement,
o the
island; parking facilities for visitors
on
cultural, entertainment, recreational and transportation
facilities; bridges; piers, docks and marinas; theaters; food and
restaurant facilities; commercial, warehouse, office and shopping spaces;
landscaping and amenities related
service stations;. people mover terminal;
thereto.
i t s a
• DIPLOMAT is hereby defineds Diplomat World Enterprises .Ltd
ssigns, located at 1212 City National Bank Building., 25 West Flagler
, Miami,' Florida 33130, (305)358-0275.
Street
•
WORK - is hereby defined` as all the professional and
services o be rendered or provided by the
outlined in.EXHIBIT ,"A" and as described''i
PERMITTING
SERVICES and SECTION
technical
PRINCIPAL for the PROJECT
SECTION III
- DEVELOPMENT
IV ;PROFESSIONAL SERVICES hereof.
3
as
00'9-52
or
H. CONSTRUCTION COST is hereby defined as the total final
construction cost of the PROJECT t
PRINCIPAL
S fees or`special consult
Tegal,-finance,
furnished by the CITY.
agree
the CITY,.
ant's fees
or similar
but it shall not-" include any
or the cost. of an
services a
y survey,
d`land acquisition
▪ LUMP SUM FEE - is hereby defined as the amountof money the CITY
s to pay and the PRINCIPAL agrees to accept as gayment in "full for all
professional and technical services rendered pursuant to this Agreement, to
complete the WORK as further defined in SECTION IV - PROFESSIONAL SERVICES,
hereof.
J.:.
agrees
REIMBURSABLES - is hereby' defined
as .the amount o
money .the CITY
pay and the PRINCIPAL agrees to accept as payment in full
Reimbursable
performance of
Services and
Out -of -Pocket Cost
relating
to the
the WORK, as further described in SECTION V
for
PRINCIPAL's
REIMBURSABLES.
• ADDITIONAL SERVICES FEE is hereby defined as the amount ,of
the CITY
agrees to ;pay and the PRINCIPAL agrees t
rendered by the PRINCIPAL and authorized by the CITY
for services
beyond
the scope
money
to
o accept as payment in full
o f the WORK of this :Agreement.
• ART WORK - is hereby defined as visual art
design
scope
Ordinance
PRINCIPAL shall
n and construction of new
of the PROJECT as: set forth inCity Ordinance No.: 8227 and Dade County
ance No. 73-77," both documents attached hereto as EXHIBIT '"B".' The
provide` for the inclusion of the ART WORK as a basic
over and'
the PROJ:'CT deign.
M. DIRECT TECHNICAL
time portion of wages
PRINCIPAL'.
Designers,
public buildings
SALARY. EXPENSE
and salaries
to be incorporated in the
be provided based on the
s herebydefined as the
subject to Federal
Income,Tax
part of
straight-
the
, Engineers,' Planners;
and Technicians) "engaged
AL SALARY. EXPENSE charged
technical personnel Architec(Principal,.
Draftsmen, Specifications Writers
The DIRECT TECHNIC
directly on the PROJECT
against the PROJECT for any personnel,
THIRTY DOLLARS;
TWENTY-FIVE
PERCENT
$
including. PRINCIPALS shall not exceed
($30.00)' PER IIOUR, plus payroll burden
(25%).
N. EXHIBIT "A" - is hereby defined as ' t
for the design and construction of the park
Scope' of" Work, the `Project Budget, the
and Plan Legend, all. attached hereto andci
which shall' not exceed;
the s program requirements
development and includes the
CITY'
1.'.rojcct: Longevity" Schedule;
4
part of: this Agreement..
Plan
SECTION I - GENERAL (CONTINUED)
CONDITION PRECEDENT
SECTION VII COMPENSATION FOR SERVICES of this Agreement
is expressly conditioned upon the availability of funds andthe
appropriation, thereof by the City Commission.
J.
SEVERABILITY
All provisions deemed to be unlawful shall be stricken from
this Agreement and shall be of no effect. Upon the application of
either party, the unlawful part (s) shall be considered stricken
without affecting the binding force, of the remainder of the : Agreement.
SECTION III - DEVELOPMENT PERMITTING PHASE
During the Development Permitting Phase, upon written authorization of
he CITY'MANAGER, the
PRINCIPAL shall perform the following services:
A. Prepare a federal Environmental Impact Statement (EIS). for the
Watson Island Development. The EIS process shall be in accordance with the 1
t Policy Act (NEPA)regulations dated 29 November 197. I
National Enviroiunen al
or as
into a
amended, and in amanner that will allow it to4be readily incorporatec
Florida State Department of Regional Impact (DRI) Statement.
B.° Prepare an application
the rules of the
Planning,
for developmental approval in accordance.witi 1
Florida State Department
ofAdministration Deivison of Stat
under Chapter 22F-1, Part 'II, "Rules of Practice` and
Procedure
Pertaining. to Development of Regional Impact", and in accordance with
Section 380.06 (6), Florida Statutes (commonly referred to
C. Coordinate all: activities in `the:'preparation .of both the
DIPLOMAT and the. PROJECT DIRECTOR.
To the extent. that information about the PROJECT required
preparation of either' the EIS or the DRI is available in the CITY,
will furnish such information to the PRINCIPAL upon request.
the DRI with
1.
as DRI statement)
DIPLOMAT will assist the PRINCIPAL in the arranging o
with other
by the PRINCIPAL.
regulatory agencies
and organization, as required as
3. The CITY will provide the PRINCIPAL --with leg
required for the preparation of the EIS of the DRI,
PRINCIPAL
the
4. DIPLOMAT will provide;the
EIS and
for' the
DIPLOMAT
meetings
requested
al counsel that may be
s requested by. the
PRINCIPAL with the economic studies of
PROJECT. However, the PRINCIPAL shall
data that may
5
develop"any construction cost
be required for the EIS or the DRI.'
The PRINCIPAL shall meet with the representatives o
agencies and other.'organizations involved in the
approval-:. processes of the
PROJECT, DIRECTOR in
PRINCIPAL shall
manor
analysis
preparation,
EIS or the DRI and shall
advance of the
all regulatory
review: or
advise DIPLOMAT and the
time and place;'; of each
keep minutes of all rncctings he attends and
meeting.` The
submit" a
memorandum
or the meeting to DIPLOMAT within' five days after the meeting.
. Conduct investigations and studies, perform computations and
assemble, arrange and present data and other material,
edit and
interests
do other tasks as the. PRINCIPAL determines t
to the CITY in the preparation of the EIS or the DRI.
write and
o be in the best
of the
CITY receives all permits and approvals required.
jurisdiction. over. the PROJECT.
SECTION IV. - PROFESSIONAL SERVICES
the
and
aspects there
following professional
shall be fully responsible for all
of DIPLOMAT'
DRI
E. Prepare such revisions to the draft versions of the
as' may be` required in
response to
any comments that may
EIS or the
be received
from the 'regul,atory;agencies, other organizations or public hearings.
t F. Submithe ;final drafts to the EIS and the DRI to '`DIPLOMAT
reproducible form for approval by the CITY. The CiTY'will:pr.int
otherwise reproduce the EIS and the DRI in the number of copies required
for submission to the regulatory agencies. 4
in.
The Development Permitting Phase shall be completed when the
by agencies having
The PRINCIPAL in close coordination with DIPLOMAT shall perform
sing the WORK
and technical
and technical services
the professional
review and subsequent approval by the'
compri
CITY of the WORK will be for compliance 'With the provisions of this
Agreement and .whenever the term "Approval`, by:the.City".or like_.. term
used in this Agreement, the phraseology shall in no way relieve the.
PRINCIPAL from any; duties or responsibilities under the terms of this
is
Agreement.
During all Phases, the PRINCIPAL shall act as his
to the CITY in all matters pertaining to the PROJECT.
SCHEMATIC 'DESIGN PHASE
A
shall.pe
own`..representative
Upon written authorization by the CITY MANAGER
rform the following:
1. Review EXI!IBIT "A", attached hereto,: a
the.' PRINCIPAL
d.any .other requirements
PROJECT and confirm: such 'requirements ;to DIPLOMAT.
2. Comply • with the CITY's and DIPLOMAT' srequirements for the
functional, aesthetic
and
environmental
considerations of the
PROJECT.
3. Develop a land use program for Watson Island, including
futuredevelopment of
the park.
4. Develop an interior space planning program for all facilities.
5. Develop and establish the design criteria for the PROJECT.
ssizt DIPLOMAT the development of a construction schedule.
9'T
Prepare Schematic Design Studies, based on the mutually agreed
upon" program consisting of
drawings and other documentsillustrating
the scale and relationship of the PROJECT, components for approval by
the CITY.
each
may
8 Submit to DIPLOMAT a Statement of Probable"Construction :Cost.
9.`' The CITY, DIPLOMAT and PRINCIPAL` willcooperate fully with
other n establishing the parameters of the Scope of the. Work which
be constructed within the Project`. Budget.
The Schematic Design Phase shall be compl.etedi` when the CITY
and accepts the Schematic Design;_ Documents.
Bi DESIGN DEVELOPMENT PHASE
Upon writtenauthorization by the CITY MANAGER,
shall perform the following for the approved and accepted parts of the
Schematic ".Design Phase:.
1. Prepare Design Development Documents, consisting of plans,
approves
the PRINCIPAL
elevations and other drawings, and outli'he specifications,. all in
character of .the entire PROJECT i
to fix and illustrate the size and
its essentials to
mechanical' and
works as
as
locations, kinds of material,
type of
order
structures,
electrical systems, utilities locations, and such
may be required.
2. Submit~to
broken down into
Construe
C ITT s b
budgeted
require
other
DIPLOMAT. a Statement of Probable Construction ,Cos t,
major categories.
If. the Statement o:
Probable
Construction Cost for the Design ;, Development "Phase is."greater that the
amount. set forth ' in SECTION I '.'D, ; herein, the . CITY may
the PRINCIPAL" to revise the Design Development Documents . as
necessary in
Probable Con
order to bring the PRINCIPAL's revised
Statement of
truction Cost within the CITY'"s Project Budget. TI
e
" work
by the PRINCIPAL in revising the documcnts for he
the CITY's Project Budget shall be considered as part of
's BASIC PROFESSIONAL SERVICES. at no -" addition '.in fee ..to'the
undertaken
of meeting
the PRINCIPAL
CITY.
of the
Submit completed Design
The PI?IfCIP?1L shall .make
purposes
Development Documents.
a presentation to ZCommission
esign Development Documents,°Outline Specifications,
Statement of
Probable Construction Cost, and visuals adequate to illustrate
•
the PROJECT.
'/
opinion
bids
other contract
5. The PRINCIPAL shall revise the Design Development Documents.
artd' 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.
CONSTRUCTION >DOCUMENTS ' PHASE
Upon written authorization by the` CITY MANAGER` the PRfNCIPAL.
shall perform the following in accordance with all the approved and
accepted parts of the Design Development Phase:
1. Prepare construction contract, •plans and specifications and
documents, except general condi ions`,
special conditions,
bidding :information and special provisions of the Construction
any
with
ontract.
2. Revise the construction contract plans and specifications, and
other written report or written document, as'requir`ed, to conform
codes,regulations, rules etc. governing the PROJECT.
3. Advise DIPLOMAT of any' adjustments to>previous estimates of
PROJECT :construction :cost whichmay
design requirements,
Cost,
be indicated by changes in scope,
market conditions,
r otherwise.
4. Furnish DIPLOMAT with Final. Estimate of. Project Construction
broken. clown into major categories. The PRINCIPAL's Final Estima-te
or Project Construction. Cost shall be construed .as,,an
informed
professional
and the'CITY:will rely on it as a' reasonable approximation of
to;be received.r The CITY recognizes that the' PRINCIPAL cannot
that any or all bids will be within such estimates.
tee
g ua ran t
5. Sec that all instruments ;o ` professional services bear : the = seal
of either a Florida registered professional architect or .engineer an
that the names
separate
and sp
1979,
of professionals responsible for majorportions
of each
specialty "of the WORK appear on the construction -contract -plans
ecifications.
Comply :with. Dade County. Ordi.nance' N
which amended :the :South Florida
52, Energy Conservation,
Building
effective15 March
79-171,
dated 6 Marc]
Code by adding Chapter
1979. The CITY desires that
the PROJECT be energy conserving. ,
attention to the design.. of energy: consuming systems with the objective
of incorporating low energy using
The PRINCIPAL shall pay particular
systems into the PROJECT.
7. Submit the completed construction contract plans and specifications
to DII'LOMA'T for. 'a complete and detailed review and for approval by the CITY.
8. 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
procedures for this purpose.
9. Deliver to DIPLOMAT the completed master set of
CITY 's
construction
contract plans and specifications and other related parts of t
Construction Contract Documents in reproducible form.
The Construction Document Phase shall be considered complete
date of delivery the PRINCIPAL to DIPLOMAT of the last package of
construction contract plans and Specifications ready
on the
approved
for construction bids.
PROCUREMENT PRASE
The CITY desires to purchase major items that will be incorporated
into the PROJECT
major items to be
in
order
to effect cost savings. The selection of those
procured by the CITY is scheduled to be made prior
the completion of the Design Development Phase..
Upon written
authorization by the CITY MANAGER,
to
the PRINCIPAL
shall perform the following services:
1. Assist the CITY in the final selectionof major items tobe
procured by the CITY.
2. Prepare procurement specifications, including, but not
drawings, schedules,performance requirements and special conditions,
to,
for
proc
limited
each of the selected items to be procured by the CITY.
3. Estimate procurement costs for each of the selected items!
ud by; the CITY.
4. Submit complete procurement
specifications packages
for review and , approval by the 'CITY for each of
procured.`
deliv
package.
E
the
be
-DIPLOMAT
selected items
to be
The Procurement Phase shall be considered completed on the date
erg by the PRINCIPAL to DIPLOMAT of the last procurement 'specifications
BIDDING J!1ASI
The Bidding Phase
construction contract
shall begin when either the first
plans and specifications
or the first
of
package of
package, of
procurement specifications is advertised for bidding by the CITY., D
the Bidding Phase the PRINCIPAL shall perform the following services:
uring
l.' Prepare any addenda,. with accompanying drat•:ins or
as ;required, and subfiit .original of each to DIPLOMAT for review
approval by the CITY.
2. Assemble and furnish• the. CITY MANAGER data f
exec
contract for the PROJECT or ninety '(90) days after receipt,by the:CITY,
from the PRINCIPAL, .of the last construction plans and specifications
other -:material
and for
r publicity releases.
3. Take part in pre -bid conferences.
The Bidding Phase shall be considered completed on the day the`, CITY
utes either the last construction contract or the: last procurement
package or the last procurement specifications package, whichever -occurs
last.
CONSTRUCTION PHASE
the first construction contractor the. first procurement contract._
During the`Cons.truction Phase,
MANAGER, the PRINCIPAL shall
either
upon written authorization by the CITY
1. hake monthly visits to;the site -to`familiarize himself with.
the progress and quality.of the work to determine, that the work:ii
proceeding in accordance with the Contract Documents." and;to'submit`his
observations to DIPLOMAT and the PROJECT'DIRECTOR-a
(5) working.days after each visit.
n writing within
five
2. Assist DIPLOMAT in considering,`and evaluatingany,suggestions
or modifications which mightbe submittedby:theCoritractor for -the
CITY's approval...
3. Assist DIPLOMAT in matters relating. to the interpretation -of
the Contract Documents.
4.` Furnish any. additional' details or information' when required' at
the jobsite for proper execution
5. Assist DIPLOMAT and make written recommendations to;DIPLOMAT
and the.PROJECT DIRECTOR on matters pertaining to: any.. of, the: Contractor's
proposed changes
6. Reviews, approve or take other appropriate actions on drawings,
sample, and other submissions furnished by the Contractor; retain a
copy of all shop and working drawings, ` duly approved by the PRINCIPAL
for permanent CITY
7. Review all tests reports required by the Contract Documents and
provide DIPLO:•1AT and PROJECT, DIRECTOR with written recommendations' of any
corrective action that may be required.
10
•
12. During
certificates,
'the:courseof ; all guarantees,
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
by the: CITY. Deliver all
da
te of beneficial oc
cupancy.
ccupancy. ,
13. Prior to the completion of the Construction Phase o
the
8. Witness all tests as may be required in the Contract
ocuments to be witnessed and provide the CITY with, written
evalaution of all such tests.
9. Receive samples' which are required .to'be :furnished> at
the job site; record date received, and from whom; examine said
d
samples and. notify DIPLOMAT and the PROJECT DIRECTOR of
or rejectionand maintain custody of approved samples.
approval
10. After substantial completion, make a.;list of items
for correction before final inspection,. and check each item
as it is corrected.
11. Assist DIPLOMAT. in matters relating -tothe'Contractor ' s
schedules and requests forprogress payments.
determine
if
the WORK
such items
to DIPLOMAT
prior ` to the
PROJECT, the Contractors will be required to furnish
PRI NC I7AL
recei.t
the
with "as built" information. Thirty (30) days after
of the information, furnish DIPLOMAT .and ha' PROJECT
DIRECTOR with original reproducible drawings
Contract plans, revised to include all changes! or modifications
of the Construction
the design. made during the Construction , Phase.
14. After the
PROJECT opens,
visit and observe the
operations
of the PROJECT for a period of two (2) days: The ;first visit
to be made three (3) months after the opening Nand the second
visit to be made six(6)
with
months after the;; opening'.
The Construction Phase shall be completed in accordance
the provisions of paragraph B of _S.obtion.=V.Ix.I-,._SCl-IEDULE''
OF WORK.
The CITY will expedite its procedures and render time].
decisions to assist the PRINCIPAL in this phase.
11
SECTION V - REIMBURSABLES
A. It isunderstood andagreed that the PRINCIPAL may
perform certain services and incur certain costs for which the
PRINCIPAL will be reimbursed
The amount of ">REIMBURSABLES°shall
not o>:ceed the amount specified in SECTION I --GENERAL,
approval by the City Commission.
hereinbefore, without prior
For the purpose of this Agreement REIMBURSABLES shall be of
two kinds: Reimbursable Services and Out -of -Pocket Costs.
B. Reimbursable Services shall be provided by the
PRINCIPAL after he has obtained authorization by the CITY
MANAGER, in writing, toperform such services. '"Reimbursable
Services shall be of the following kind:
1 Computer and data processing services.
2. Special studies
tunnel model tests.
and testing programs, such as wind
Inspection services by the PRINCIPAL employeeso
products or materials.at a` manufacturer's facility or place
of assembly.
4.
Full-time on -site contract administration services.
5. Services of special consultants.
G. Out -of -Pocket Costs shall consist. of ;those costs
actually incurred by the PRINCIPAL of the following"kin d:
1. Lang distance communications.
2. Postage and shipping charges.
3. Travel; expenses and living expense o
employees traveling in connection with the PROJECT
4` Living expenses and"transportati
.Lvon of the PRINCIPAL'
employees while on the site.
PRINCIPAL's
5. Rental: or leasing of automobile and special equi.pment.
G Specialphotographic work, reproduction services or
similar costs associated with Reimbursable
Services.
SECTION VI CITY' S AND DIPLOMAT'S SERVICES-, AND-.RESPQNS.IBI,L:ITIES
The CITY and DIPLOMAT shall furnish
the PRINCIPAL with the
following services' and information from existing CITY records and
12
L.
The CITY and DIPLOMAT shall provide information regarding
the requirements for
the PROJECT.
The CITY shall furnish a Certified Land Survey af the site,
giving, as applicable, grades and lines of streets, alleys, pavements
and adjoining property; right of way, restrictions, easements
encroachments zoning, deed restrictions, boundaries and contours of
the site; mean high tide; flood data; locations, dimensions and data
pertaining to existing buildings, other improvements and trees; and
information concerning available service utility lines both public
and private.
C. If DIPLOMAT or, the PROJECT DIRECTOR observes, or has knowledge
of any fault or defect in the PROJECT or nonconformancewith the Contract
Documents, prompt written notice thereof shall be given to
D. The CITY shall do all reproduction and binding.o
and'construction sets of the, drawings and specifcations;and loan all
and applicable CITY aerial photographs to the PRINCIPAL.
E. The CITY shall appoint a PROJECT DIRECTOR to act as liaison.
the CITY and DIPLOMAT.
existing
between
the PRINCIPAL.
f the bidding.
. The CITY shall furnish all required. testing necessary for t
PROJECT, 'including`
chemical,
core borings, test pits
soul, mill and laboratory tests,.
or other special consultants when deemed necessary by the
and
-recommended.. by DIPLOMAT; and the PRINCIPAL shall be
structural, mechanical,
engineer
PRINCIPAL
entitled
thereof.
e
and the services of a 'soils
to rely upcn the accuracy, completeness, and competence
The CITY reserves the right at no cost to the PRINCIPAL to
the services of a Professional Quantity Surveyor to prepare
Construction Cost' Estimates based upon the Design Development
retain
Detailed
Documents and the Construction
Documents.:`
11. The CITY reserves the right
the services of a Construction Manager.
SECTION VII - COMPENSATION FOR .SERVICES`
GENERAL
A. For " professional and technical services for
retain
no cost,: -
the PRINCIPAL
the Development
Permitting Phase, as outlined in SECTION III hereof, the CITY'. agrees
pay and the PRINCIPAL agrees to accept, as full payment for his
to
13
services, an amount not to exceed THREE HUNDRED FIFTY THOUSAND AND
NO/DOLLARS ($350,0.00,.00) Payment will be made monthly on a time and
material basis for services performed.''
FEES'.
Phase,
For professional and technical services forthe
the Design Development. Phase,` the Construction Documents
Schematic Design
Phase, the
rocurement Phase, the Bidding Phase and the Construction. Phase cf;the
PROJECT, as outlined in SECTICN IV hereof, the CITY agrees to ,pay and tY e
PRINCIPAL agrees to accept, as'full ;payment. for his services
FOUR MILLION ONE HUNDRED SEVENTY THOUSAND ANDNO/DOLLARS
,170,000.00) which will be called the BASIC FEE.
FEE of
($4
hereinafter
the LUMP SUM
It; is
decrease
understood and agreed that in the event there is an increase or
in the Scope of Work, the LUMP SUM FEE will be increased or decreased to
reflect the change.
1. Payment
in proportion to
of the. BASIC FEE will be made monthly
so that 'the `compensation .at the
equal' the following.percentages ;and amounts of the
the services performed'
each Phase shall
total BASIC
FEE:
completion of
PHASE ACCUMULATED VALUE OF BASIC' FEE.
Schematic Design
2. Design Developmen
3. Construction
4.
Procurement
Bidding
6. Construction
C0I1
will
esti
Documents.
a. Shop Drawings
truction contracts
be paid for overlapping Phases of WORK
mated or the actual construction values o
15
625, 000
35 1,459,500
70 2,919,000
75 3,127, 500`
80 3,336,000
90 3,753,000
b. Contract Administration 100! 4,.70,000:
. The PROJECT is scheduled to be constructed by the use
incremental bidding). Accordingly
of WORK 'underway.
C. REII•IL'URS.1J3LES
•
proportion
of ,multiple
the BASIC FEE
to either the
the incremental portion
For professional and technical services for Reimbursable. Services
arid 'Out -of -Pocket '- Costs,
to pay
and the PRINCIPAL
as outlined in SECTION V hereof, the
agrees to accept, as full payment for his.
CITY agrees
1
14
services an amount not to exceed THREZ HUNDRED THOUSAND AND NO/DOLLARS
($300,000.00), which amount will hereinafter be called REIMBURSAi3LES.
1. General. The PRINCIPAL shall submit invoices monthly listing
all"REIMHURSABLES.: Payment will be made monthly so that compensation shall
equal the amountinvoiced, provided that the amount is recommendedfor
approval by DIPLOMAT and approved by the. PROJECT DIRECTOR.
2. Reimbursable Services which are per formed 1y`firms under
to the PRINCIPAL shall be paid for at actual cost.
3. Out -of -Pocket Costs shall be paid for at" actual cost, except
for employees', living expenses while in<`travel .status. Employees' living
expenses
plus a
shall be invoiced at actual cost of hotel room, including
lump sum amount of TWENTY AND NO/DOLLARS
($20.00) per day
other expenses, including meals, tips and "other incidentals.
This lump sum amount will be adjusted, after one year of
Agreement, for cost of living change.
D . TRAVEL . POLICY'.
all
contract
tax,
to cover
the dateof this
The PRINCIPAL shall make every effort to keep travel expenses:
minimum and
his
shall take advantage of any special travel
employees' travel in advance.
at no
whose rates
Air fare shall be pa
more than touristclass rates.
o a
rates by .scheduling
id, for by the CITY
Employees shall be booked
generally accommodate state and federal employees.
shall'. be compact or economy type
extent possible.
E PAYMENTS
will
and should``be shared to the
into hotels
Rental cars
maximum
DIPLOMAT and: the :CITY; will process invoices for payment and the CITY
make payment of such invoices within thirty (30) days after
sent to DIPLOMAT by' the PRINCIPAL.
invoice
of i
SECTION VI
and
from
part
II SCIIEDULh OF. WORK
he PRINCIPAL agrees • to execute the WO
receipt
WORK promptly, diligently
specific authorization
only upon, and in strict conformance with,
the CI'I"[ N.WGER in writing. The Project Longevity Schedule,
f EXHIBIT IIIIT "A",
reasonable estimate's
Permitt
Phase,
was developed by both parties and indicates
of the times required to accomplish theDevelopment
ing Phase, : the Schematic Design Phase, the Design Development
the Construction Documents Phase, the Procurement Phase, the
Bidding Phase
and the Construction Phase.
15
9
of
B. The Construction Phase shall be considered complete when all
the follos�ii.nc3 conditions have been accomplished:
1. The. PRINCIPAL NCTPAL has delivered to DIPLOMAT and the PROJ
ECT
.
DIRECTOR .written certification that to the best of his .knowledge the
PROJECT has been constructed inaccordance with. the CITY approve
Contract. Documents, including all approved change orders.
2. The PRINCIPAL has delivered to DIPLOMAT and tithe PROJECT
DIRECTOR such other written certificates as maybe required by,
regulations.
3 The PRINCIPAL` has delivered -to,.DIPLOMAT
DIRECTOR
'As-Built"
law°' and
and ` the PROJECT'
-
drawings. as required in paragraph F.13,' SECTION
• The City Commission has accepted the PROJECT by Resolution.
5 • The PRINCIPAL has completed visiting, the PROJECT
for in paragraph F.14, SECTION IV.
SECTION IX.ADDITIONAL WORK AUTHORIZED . BY THE CITY
A. The CITY reserves the'right to 'increase the scope and,amount
contract by. directly authorizing the contractor to
Iv.
of any'` construction
do extr
or additional work without ;requiring .-the
professional or
•
provide
if f
SERVICES
technical services.
as provided
PRINCIPAL to
furnish
The. CITY reserves the righ to authorize the PRINCIPAL to
any nature: with regard to .this PROJECT,
ound necessary by the CITY, in which case the fees
will be, determined by the following procedure.
1 When arrequirement for r.UDITIONAL SERVICES arises,
additional services of
shall submit to
the scope ;of,services
DIPLOMAT
and to the;PROJECT
to be performed
and other. anticipated
DIRECT TECHNICAL SALARY" EXPENSE,
and mu.ltip
a factor
for under
2.
for ADDITIONAL
the PRINCIPAL
proposal outlining
and itemizing estimated labor costs
DIRECTOR
a
costs. Labor costs shall be, determined by using
as defined in SECTION II
hereinabove,
fyiny then sum of all technical personnel salaries and
f. 2.7.Other : anticipated costs' shall be determined as
SECTION V RIB:IP•if?URSAI3LES
DIPLOMAT will
s. applicable.
Wages by
provided
review the proposal and forward its, recommendations
to the. CITY for: approval.
scope.
In the event of a airference in :opinion as t.o the nature and
of services regnirae-;, the PR PoIC1PAL, DIPLO'•1AT and the PROJECT
DIRECTOR, will negct aLQ the conditionsand :fees until a satisfactory
agreement is reached.
16
4. When a satisfactory agreement is reached, the CITY will authorize
the PRINCIPAL to
by
and
the conditions of
proceed with the Unless modified
the ADDITIONAL SERVICES Agreement, all conditions
ADDITIONAL SERVICES,
terms of this Agreement shall remain in force.
SECTION X - TEI `MMIN \TIONOF AGREEMENT
A. This Agreement may be terminated by either party Upon, seven
days
with
written
(7)
notice should either party fail to perform in accordance
d.
the terms of this Agreement.
time p
• The CITY retains the right to terminate this 2\greement at any
rior to completion of the WORK without penalty to the CITY. " In
that event'terniination of this Agreement shall "be"in writing to the,
PRINCIPAL and
the PRINCIPAL shall be paid.for services rendered in
completed PHASE prior to"t7rmination in accordance With SECTION
VII - COMPENSATION FOR SERVICES, provided however that the PRINCIPAL
each
not in default
termination
the PRINCIPAL
under the` terms of, this Agreement
of this Agreement occurs during an incomplete phase,
shall
be
is
f,";however, the
then
paid at the rate of 2.7..times .the DIRECT TECHNICAL _
services rendered in such incomplete phase,
SALARY EXPENSE for those
provided
that the PRINCIPAL
is not in default:' under the terms of this
case however, will the CITY pay the PRINCIPAL a
an incomplete; phase than would.! have` been paid had
Agreement., In no,
greater amount for
the termination been
In the event of
forth
made at the completion of the phase.
termination, all documents plans, plans, etc.
s set
in SECTION XIII - OWNERSHIP"OF DOCUDIENTS" shall become .the,
with the same provisions of use as set forth :in sai
of the CITY,
SECTION XIII..
SECTION XI
PRINCIPAL'S SPECIALISTS
The
from his
property
PRINCIPAL proposes to have. the following specialists,either
•
organization or as his consultants or associates, to perform.
the services
indicated:
. Acoust. i.cs
L'. Amusement Desiyn and Planners
C ArchitecLura].
▪ Civil EngineeriIlg
E. llectrical Engineering
. Fuature and Theater Lighting
. Interior Design
17
orga
ass
contractual
• Landscape Architectural and Site Planning
• :Marina and Waterfront engineering
f • ,Mechanical Engineering
C. Restaurant and Food Service Planning
Transportation Engineering
The PRINCIPAL will be responsible for all the WORK of his own'
nizatioh, and of his own'organiyation, and of his consultan
ociates. Nothing contained in this Agreement shall create any
relation between any of the specialists
PRINCIPAL and
or
working for the
the CITY. It shall be understood that the PRINCIPAL is
in no war relieved of any responsibility underthe terms of this
by vi
tue of any other professional who
may associate with him in
performing the WORK.
SECTION XII - ADDITIONAL PROFESSIONAL RESPONSILITIES"
Agreement
The following professional services and work by the PRINCIPAL shall
not be considered
part
plans
extra services but on e contrary shall be considered
of the WORK of the PRINCIPAL.
A. Revising the Construction. Documents Phase and the
construction
and specifications to reducethe cost of construction of the'.
PROJECT
approved
the lowest
the PROJECT
or any portion of the PROJECT to the final budgeted or CITY
thefor the construction. of the PROJECT, if the amount o
acceptable bids received by the CITY for: the construction
oraiiy portion ofthe PROJECT is in excess of the final
amount budgeted
of the PROJECT.
within
or 'approved for the cost; of the construction . contract
Making any other revisions`suggested by ;the CITY that are
the Scope of Work prior to the time that the Design.
Development. Documents and Outline Specification have been approved.'
the
CITY.
of
C, Visiting the PROJECT after its opening, as described
hereinabove in paragraph F. '14,"; SECTION IV.'
SECTION XIII' - O1,1N IZSII1:P Or DOCUIMIL•;NTS
A1.1 tracing, 'pains dray: i.nc1::,, specificati.ons, field books, : survey
information,
as a
without
that
maps, contr.act;documcnts, reports and other data developed
result of this Agreement shall become the property of the CITY
restriction or limitation on their use.
all information developed as a part, of the
It is further
PROJECT shall n
used by the PRINCIPAL without written consent of the CITY.
stipulated
t ;Jc
18
• It is further understood by and between the parties that any
information,. maps, contract documents,.repor.ts, tracing plans,;
specifications, books.' or anyother matter whatsoever which is
the. CIT`i to the PRINCIPAL pursuant to this Agreement shall at all
remain the property of the CITY and shall not be used by the
for
of
givenby
times
PRINCIPAL
any other purpose whatsoever without the written consent of
It is understood and agreed that in the event the CITY uses any
the CITY.
the design and construction documents after the termination of
it for construction of additional facilities, the PRINCIPAL
Agreen tct
this
will
the CITY and
not in any manner be liable for such construction, unless
a new Agreement for such construction.
the PRINCIPAL enter into
to i
It is further understood that no press releases or publicity is,
stied by the PRINCIPAL without prior submittal to DIPLOMAT and
written approval from the CITY.`
AWARD \RD: OF AGREEMENT.
SECTION {IV
The PRINCIPAL warrants that
he`has notemployed or retained any
.. r
company or persons to solicitor secure thisAgreemen
not paid or agreed to pay any company or person „any fee, commission,
percon'tago
contingent
hat he has
brokerage fee, or gifts or any other considerations.
upon or resulting from the award or making of this
Agreement.
The PRINCIPAL also warrants that to the best of his knowledge and
no`Commissioner, .;Mayor or other officer or employee of the
directly or indirectly in the profits or emoluments of
belie`
is interested
this
with
the
any
The.
the
1�grement or the job, work, or services for. the CI'Y in
the contract or construction of this PROJECT.
The PRINCIPAL shall not engage during the period of
services of any professional or technical person who has been at
time during the period of this Agreement'in.the employ of
does not apply to retired employees of the CITY.
CITY
connection
this Agreement
the CITY.
Tie PRI'i7CIPAL, is aware of the Conflict ,'of interest law of .both •
City ot: Miami and Dade County, Florida, and agrees that he
fui.ly 'complyin all
SECTION XV - EXTENT
respects with -the term. of said laws
'This
shal.1
Ayrcument represents the entire and integrated Agreement
bat-wcen the
CT'I'Y- and the PRINCIPAL and suporcedes all prior negotiations,
representation
may be
or. Agreement
either written or ora
. This
Agreement,
amended only, by written instrument by both the CITY and the
PRI:CIPAL.:
19
SECTION XVI - SUCCESSORS'AD ASSIGNS
The PRINCIPAL shall make no assignments ortransfer of this
Acj reemcn t
or sublet, assign or trans t:er any part of the ,ttiORR under
this Agreement without the written consent of the CITY.
This Agreetent
shall be binding upon the parties hereto, their heirs, executors
representatives
successors and assicjns.
legal
SECTION {VII - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and. other factual
unit costs supporting the compensation areaccurate, complete and
current
t the time
of contracting and that the original contract price
and anyadditions thereto shall be adjusted to exclude.
sum where the CITY determines; the contract price was increased due
inaccurate,
cost.
of the
SECTION
The CITY
Such
incomplete or non -current wage rate and
any significant
other factual
adjustments shall be made within one year
Contract.
XV•III -;- RIGHT TO. AUDIT
cinv time
reserves
unit
following the
end
the right'to audit the records of the PRINCIPAL
during the prosecution of this Agreement and for
one year.a`ter'final payment is made under this Agreement.
Notwithstanding any other provisions of this Agreement, in no
shall the payment. of the LUMP SUM' FEE under SECTION' VII herein,
enable the PRINCIPAL torearn'
(201) of 'the LUMP SUM FEE. At the time of, the :fine
event
period
LUMP SUM FEE
profit of more,than
TWENTY PERCENT
1 increment of that
is clue to :be paid by the CI.TY to the PRINCIPAL pursuant
to the terms of
SECTION VII herein, the PRINCIPAL shall submit to. the
CITY a certification
of his total costs incurred
and profits
realized.
the basic services as outlined in SECTION IV herein.
dicates profits' in excess of the maximum set forth.
in providing
such certification
above,
T
the PRINCIPAL shall _ simultaneously remit any overage- to
CITY reserves the right to audit:
CTI'f,L afrdl tc� 'adju:st the amount of any such repayment in
audit. In calculating the t.ot<.rl.:'cost:s incurred by
,said
PRIN
of
own
If
the CIT1.
the books and records of the.
•
the light
the :PRINCIPAL' s
staff.,, the PRINCIPAL NCIPAL shall.. use percefit:zcJc°'overiiead —ai)plied Lo
DIRL'CT`'!'I CIJ'r7TCAL
this
SALARY LXI?ENSE as defined in SECTION II, herein. The
per:centageoverhead, shall be
portainins; for
ecilial to Lh actu.;tl. per:centacje overhead
all PIUNC]:P11(,'s work ,in.the last twelve .(12) month
20
period
preceding the date of this ti,,reement for which data are available.
A11 ser.ices 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 XIX - INSURANCE
The PRINCIPAL shallprovide insurance as required;hereinbelow
prior' conenci tmng..work `irn this Agreement.
The PRINCIPAL shall maintain during the terms of this Agreement
the following insurance:
• 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,acc dent for property damage.
13 Au omobile Liability Ir�surance cover ng 11 owned, nonowned,
vehicles in amounts'as indicated``in Paragraph "A" above:
C. Professional hiabil, ty Insurance in a minimum:amount of
covering all 1 iability axYising 'out of the terms .othis f
and hire
$2,000,000.00
Agreement.
Employers Liability Insurance in amounts as indicated in'
Paragraph "A"`above.
Workman' sCompensation .Insurance
i
the statuatory amounts.
The insurance coverage required shall include those
listed' in standard liability
reflect
insurance manuals,
the operations of the 'PRINCIPAL.
classificationsas
which, most nearly
A11 insurance policies shall be isr;ued-by companies authorized'to
do business under the laws of the
approved according
The
State of Florida; and' whichare
to specifications of the
Property Manager of
PRINCIPAL shall furnish' certificateof insurance
the CITY.
the -CITY
prior to commencement of operations, which ceriif:icatos. shall Cleai;ly
indicate tha t ' the PRINCIPAL has obtained insurance in ;the type,
and class
and that
effective
ificLltiot;n ac required for striot compliance. with
no rnater.ial. change or cancellation of the insurance shall,: be
without t}list}' (30) clays written notice`: to the CITY.
amoun t
this Section
21
Compliance the
. e foregoing requirements shall not relieve the
PRI::ClPAL of his liability and obligations under this Section. or under
an'l portion of this
Agreement..
SECTIO: X::: - ARI3ITRATION
All claim disputes and other matters in question ;between: the.two
Parties ' of this Agreement, arising out of or. relating.,to this
or the breach thereof; shall be decided by arbitration :' in accordance
with the Construction Industry Arbitration Rule of the, American
Arbitration Association then obtaining, unless the parties
otherwise.
Agreement
mutually, agree
SECTION XXI - NON-DISCRIMINATION'
A.> .The PRINCIPAL shall not discriminate against any employee: o
color, religion, .'sex,' 'or
applicant for employment- because.; of race'.
natural origin. The PRINCIPAL shall take affirmative action to ensure
are. treated during
that applicants aie employed, and
employment,
natural origin.
the employees
without regard to their race, color,
uch action shall include, but not be limited to, the
religion, sex or
following:'employment, upgrading, demotion,,or transfer;
or recruitment advertising; layoffor termination;; rates of pay or
other forms of compensations; and selection for training, including
recruitment
The PRINCIPAL agrees post in conspicuous places,
apprenticeship.
available to employees and applicants for employment, notices to be
provided by the PRINCIPAL setting forth the prov=.sions< of this Equal
Opportunity. Clause.
B. The PRINCIPAL shall, in all solicitations oradvertisements.
behalf of the. PRINCIPAL, state t
consideration for employment
sex;' or national origin.
receive
for employees Placed by or on
qualified applicants will
regard. to race, color, religion,
C.
The: PRINCIPAL shall send to each labor union
of workers with which he has
or understanding, a
the labor union
contract
advizing
commitments under
of the` notice in
applicants
or
collective bargaining
all
without
or representative
agreenent or other
notice, to be provided by the CITY
workers' representative of the
PRINCIPAL' s
this ;Equal. Oppor. to ii.Ly clause, and shall post
conspicuous places available. to employees and
for employment.
22
copios
D. The PRINCIPAL shall comply with all provisions of Executive
Order No. 11246 of September 24, 1965, as amended by E:ecutiveOrder .
No. 11375 of October 13, 1967,and of the rules, regulations and
relevant order of the Sec
retary of Labor.
E The PRINCIPAL shall furnish all
information and reports
required by E::ecutive Order 'No. 11246 of September. ,24,-1965, as
amended by EEx:ccutive
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
and orders.`
ascertain
compliance with such ..rules,
regulations
In the event of the PRiNCIPAL's noncompliance with the<
Equal Opportunity clause of this contract or with any of.said rules,•
';
this contract may be canceled, ;:terminated or•
in whole or in part and the PkINCIPAL may be declared•"
regulations or orders,
suspended,
le for further CITY contracts in accordance with procedures
in E::ecutive`Order No..11246 of September 24, 1964, 'as
b' Executive Order No. 11375 of October 13, 1967, or by "rule,
ineligib
authorized
amended
regulation or order of the
by law.
X I :{
Secretary of
Secretary
Labor,
or as otherwise
provided
. The `Pr^.INCIPAL shall include` the provisions of XIX, A through
in every subcontract or purchase order unless exempted by rules,
ations
of "the Secretary of Labor issued .pursuant to
regul
or
Section 204 of
Executive Order No. 11246 of September 24, 1965, as
Order No. 11375 of. October 13, 1967,
be binding upon each subcontractor or vendor. The
amended by Executive
provisions
PRI::CIPAL
purcha
e order as;the :CITY may
provisio
that in
with,
diictt1.
such
will
that such
shall take such action with respect to any subcontractor or
direct as a means of enforcing such
Ina, including sanctions for noncompliance: Provided,
tho event the PRINCIPAL ;becomes involved in, or is
however
threatened
litigation with a subcontractor. or vendor as a result of such
an by t-hc C:l'1.'Y the PRI.NCI:PAL may rei•rre rt'-t-fic-- lr -t. -- enter into
litigation to protect the interest of the CITY.
23
SECTION .•.XII - CONSULTANTS
The CIT'r hereby approves the following firms which the PRINCIPAL
proposes to engage to provide consulting; services for the PROJECT,: as
subcontractors
to the PRINCIPAL:.
Marina Facilities:
Greenleaf - Telosca, Planners, .Engineers,: Architects, Inc.:
1451 13rickell Avenue, Miami, Florida 33131
Telephone.: (305) ...377-8411
Environmental and Site Engineering:
Post, Buckley, Schuch & Jernigan,. Inc.
7500 N.W. 52nd.Street, Miami,' Florida 33166
Telephone: (305) 592-6100'
Site Planning and Landscape Architecture:
Sasaki -Associates, Inc:
353 icaza.r_Avenue, Coral Gables,- _Florida 33134
Telephone:, (305) 443-2374
Traffic Engineering and Transportation'Planning:
Wilbur. Smith & Associates
8675 Executive Center Drive, Miami Florida 33166
Telephone: (305) 592-0637
Structural Engineering:
King,Benioff, Steinman King
1 5217 BurbankBlvd.; Van Nuys, CA 91411;
Telephone: (213) 796-3217 .
Mechanical & Electrical:
Storms Storms & Lowe
606 Wilshire Blvd., Suite 204; SantaMonica, 'CA' 90401
Telephone: (213) 393-3724
Food Service Consultant:
Laschober & Sovich, Inc.
716 Mission Street; South Pasadena, CA 91030
Telephone: (213) 682-2111
Water Filtration ' & Treatment:
Graham -Phillips
10.00. East Walnut,:: Room: #223;: Pasadona, CA' 91106
'Telephone:: (213), 6810291
The PRINCIPAL shall not subcontract for other consultaing services
Without, prior written approval by
SECTION XXIII CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement
shall be construed
law of the State
and enforced according to the laws, statutes and case
of Florida.
IN WITNESS WHEREOF, the parties hereto have, through
corporate officials, executed this Agreement, the day and year first
their proper
above set forth.
ATTEST: R. DUELL AND ASSOCIATES`
Secretary,
ATTEST:
City
APPROVED
R. Duell and Associates
Diplomat World Enterprises
Project Director, Watson
Island Development
By:f `Y //�:a!/ %y•l';,LC
Randall Duell, Chairman o
the Boarc
THE CITY OF MIAMI ;(a municipal
Corporation of the State of Florida)
TO FORM & CORRECTNESS:
25
EXHIBIT "A"
SCOPE OF -.WORK. AND PROJECT BUDGET
SUMMARY
BUDGET ITEM
Park & Shopping
Facility,.
Parking Service & Access
Vehicle Bridge
Pedestrian Bridge
Japanese International
Heliport
Chalk's Airline.
Utilities
Marinas
Landscaping (outside ,park).
SUB -TOTAL
Permits °;(including : preparation oGeneral Conditionsf
- 2, 320 000
2,320,000
Roads
Gardens
Terminal
Construction Manager
Bond
D.R'.I.
(complete),
Architectural :& Engineering, Fees
Reimbursable Expenses
GRAND'TOTAL
NOTE:
BUDGET AMOUNT
$33,434,00.0
2,895,000
994,000
2, 27.7, 000'
238, 000
390,000
315, 000;
1,118,000
3,808,000'
'928,000'
$46,397,000
material) 550,000
Budget proj-ected to January 1, 1980
EXH' A-1
348,,000,'
200,000
4,520,000
316,000
,'$56,971i000::
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
EXHIBIT "A"
SCOPE or WORK AND PROJECT BUDGET.
PARK AND SHOPPING FACILITY
SUMMARY
BUDGET ITEM`
BUDGET AMOUNT
Site Preparation 1,:352,000
Utilities 2, 009,700_.
Concrete Work 1,142,800,
Landscaping 1,357,00.0
Miscellaneous Buildings 2,,281,200
Food: and Beverage 34439,100
Interior, Food and Beverage 747,700
Merchandise 3.,059,200
Interiors, Merchandise 462.000
Rides and Attractions 9,837,000
Entertainment 2,"577, 000
12. Equipment
SUBTOTAL;,,
CONTINGENCY_:5%:
GRAND TOTAL,.
EXH: A-2
;3, 577, 300
$31,842,000
1,592, 000 .
$33,,434,,000
BUDGET ITEM'
. SITE PREPARATION
a.
b.
c.
EXHIBIT "A"
SCOPE OF WORK, AND PROJECT BUDGET
PARK AND. SHOPPING; FACILITY
UNIT
Site Clearing Allow
Import Fill & Compact 270,000 c/y @
Soil Testing Engineers etc. Allow
SUBTOTAL''SITE
2. PARK
PREPARATION
UTILITIES
a. Water Supply
b. Sanitary Service
c. Electrical 'Distribution
d. Site Lighting
e. Sound & Phone
(U.G. Conduit)
f. Gas Service
g. Storm Drainage
h. Piping ;& Filters & Lake
i. Service Road (in park)
j. Ramp & Service Area
k. Fencing (security c/1)
1. Fencing (in` park)
SUBTOTAL PARK UTILITIES
3. CONCRETE
WORK
a. Walkways & Patios
(all types)
b. Stairways
c. Retaining Walls
d. Flume Lake (Lining.
veneer)
e. Curbs, Planters.
Walls
Low
SUBTOTAL. CONCRETE WORK
4. LANDSCAPING
Plants and Planting.
Irrigation Sprinklers
SUBTOTAL LANDSCAPING
5. MISCELLANEOUS BUILDINGS'
SUBTOTAL..
189,000
1,080,000
83,000
24 acres @ $16,700 $ 400,800
24 acres @ $13,000 312,000
24 acres @ $25,000 600,000
24 acres, @ $7,000 170,400
24 acres @ $1,800 43,200
24 acres ;,@ $1,200 28,800
24 acres @ $8,900 213,600
Allow 89,300
15,000 s.f. @ - $1 15,000
42,000 s.f. @ $10 42,000
5,500 1.f. @ $10 �55,000
2,200 1.f. @ $18 39,000.'.
187,000 s.f. @ $2:20
1,700 1.f@ $18
1,684 c/y @ $215
36,800 s.f. @ $7.25
24acres @ $3`,000,',
a. Restroom (1000 s.f.) 5 @ $83,300
(350 -s f.) 1 @ $29,000
b. Shade Structures. 3400 s.q. @ $22,
c. Main Entrance Allow
d. Bay Entrance Allow
e. Fountain @ Stage #2 Allow.
f. Security,Guest Relations,
Lost Children,Locke.rs
Strollers &
Wheelchairs
g. Administration,Wardrobe,
Cash Control 19,500 s.f.
h. Warehouse & hlaint:enance 18,000 s.f.
i. Filter and Pump House Allow
j. Tunnel (Armco Type) 6250 s.f. @
Allow
411,400
30,600
362,000
266,800.
72,000.
950,00
407,000
416,000
29,000
74,800
89,500
18,000
59,000
57,000
@ $30 585,000
@ $18 324,000
6,000
$300 187,500
BUDGET AMOUNT
$1,352,000
,009,700
14,2,;800
1,357 •
000
EXH A-3
•
6.
BUDGET ;'ITEM
MISCELLANEOUS
EXHIBIT "A"
SCOPE OF..WORK :AND :PROJECT BUDGET
PARK AND SHOPPING FACILITY
UNIT
BUILDING (Continued)'.
k. Trash Chute Allow
1. Bridge over Train Ride .700 @ $42_
m. Ticket Booths & Lockers 3 @ $65,500
n. First Aid 600 s.f. @ $36
o. Games Warehouse & Sound
Room.
SUBTOTAL MISCELLANEOUS
FOOD AND 'BEVERAGE
3350 s.f. @ $54
BUILDING
4 Restaurants
Outdoor dining space
3 Fast. Food
1 Farmer's Market
1 Beer Garden
1 Juice Stand
3 Food Carts
14 Food Carts
SUBTOTAL FOOD AND BEVERAGE
7. INTERIORS,FOOD AND I3EVERAGE '.
4 Restaurants
3 Fast Food
1 Farmer's Market
1 Beer Garden
SUBTOTAL INTERIORS
8. MERCHANDISE
Caribbean Shops
Victorian Shops
Pioneer Shops
Merchandise Carts
SUBTOTAL
:SUBTOTAL`' :.:BUDGET AMOUNT
6,.000
29,.400
196, 500
21,600
180,900
281:200
16,275 s.f @ $96
12,750; s.f. @ $15
3600 s.f. :@ $78
13,000 s.f. @ : $69
4500 s.f. @ $90.
200 s.f. @ $119
3:@ $9,500
14 @ $3,600
,562', 0.00
191r.200
280,800
897,000
405,000.
23,800
28,500
50,400
439
16,275 s.f. @ $30 $
3600 s.f. @ $12
13,000 s.f. @ $8.40
4500 s.f. @ $23.80
FOOD _AND.
MERCHANDISE:
9. INTERIORS,MERCHANDISE.
Caribbean Shops
Victorian :;Shops
Pioneer Shops
SUBTOTAL INTERIORS,
10. RIDES AND ATTRACTIONS
Installa-
Hardware + tion Structure",=
(in $1000)
BEVERAGE
488,200
43,200,
10 9,: 2 0 0
107,100
747
26,200 s.f. @ $7.50. $2 „030, 500
3800 s.f. @ $77.50 294,500
10,000 s.f.@ $71.50 avg 715,000
8 @ $2,400 :: 19,200.
059
26,200 s.f. @,$12 $ 314,000
3800 s.f. @ ";$12 45,600 ..
8500 s.f.; @ $12 102,000
Railroad Train
(24 .ga. , 2000 'ft.
4 cars)
Loop Coaster
Himalaya
Monster
Scrambler`
Flume (1200 ft.)
Children's Area
Carousel
Tower (250 ft.)
Dodgem (30 cars)
ShootingGallery
(14 guns)
MERCHANDISE
90
1,600
242
276
95
1,070
70
250
990
125
150
462
Total
$ 35 $119 $ 244
925 180 2,705
15 90 347
30 90 396
11. 90 196
433 149 , 1,652
17 220 3Q7
29 208 487".
694 119 1,803
35 208 368
208 358
100
700
200
000.
11111111111 11nlli .111111II■I.I 10I 1uII1"
EXH A-4
BUDGET -:ITEM
EXHIBIT "A"
SCOPE OF WORK AND -PROJECT BUDGET_
PARK AND SHOPPING FACILITY
UNIT'
SUBTOTAL
10. RIDES AND ATTRACTIONS (Continued)
Installa-
Hardware + tion Structure
(in $1000)
Games (10 units +
3 ctr.) $ 70
Arcade (90 machines) 135
Skeeball (24 machines) 53
SUBTOTAL RIDES AND
ATTRACTIONS $5,216'
11. ENTERTAINMENT
Amphitheater
Amphitheater
Imax Theater
Imax Theater
Stage #1
Stage #2
Bandstand
Discotheque
Discotheque
Equipment
SUBTOTAL ENTERTAINMENT
12. EQUIPMENT
General,
Lockers
Strollers
Wheelchairs
Shops
Counters &'Cases
Cash Registers
Miscell sneous Equipment
Fooa &`.Beverage, -
Seating _Equipment
Kitchen & Serving Equipme
Ice Machines
Cash Registers
Miscellaneous -Equipment`
Warehousing
Shelving
Forklift
Pallet Jacks
Order Baskets
Scooters
Food & Beverage Cooler
Food & Beverage Freezer
Miscellaneous Equipment
Wardrobe
Uniforms
Lockers
Sewing Machine
Wardrobe Racks
Laundry Equipment
Miscellaneous Equipment
339_��:
180
197
22.4 $2,'397
(1000 seats) Allow
Equipment . Allow
(500 seats) 9400 s. f.
Equipment Leased
Allow
Allow
Allow
8675 s.f @ $80
Allow
$90'
150 @ $250 each
50 @ $90 each
50 @ $90 each
ota
409
315
250
$ 458,000
149,000.
1,007, 000
18,000;
42,000
30,000
694,000,
179,000
37500
4,500
5,000
40,000"s.f. @,$12 480,000
22 @ $3,600 each ; 79,200
Allow 17,90.0
2900 seats @ $100 each
Allow
Allow
20 @ $3,600 each
Allow
Allow
Allow
Allow
30 @ $70 each
4 @ $70 each
Allow
Allow
Allow
1200.. @ $120 each
600 @ $48 each
1 @ $800
Allow
Allow
Allow
EXH A-5
290.,000
803,000
000
72,000.
47;600
23,800
10,200
2,100
12000'
-17,900
26,200
6,000
144,000
28,800
800
4,200
59,500
9,000
BUDGET AMOUNT
837,000
577,,000
BUDGET ITEM
EQUIPMENT
Security
Hand Talkies
EXHIBIT "A"
SCOPE OF WORK AND PROJECT BUDGET
PARK AND SHOPPING FACILITY
(Continued
UNIT
18 @ $1,400
Base Station, Antenna, etc. Allow
Fire Extinguishers Allow
Vehicles Allow
ID Equipment Allow
Miscellaneous Equipment Allow
Transportation
Trams (4 car units)
Carts (valet parking)
eacl
2 @ $95,200 each
2 @ $9,000 each
Cash Control
Safe (one)
Coin Sorters
Coin Counters
Scooter
Miscellaneous Equipment
Maintenance
Mower (60")= 1 @ _$5700, each
Mowers (20":)
Allow;
2 @ $2200 each
2 .@ $1400 each
1 @ $3000
Allow
2 @ $600. each
Power Sprayer 1 @ $4800 each
Landscape Tools Allow
Scooters
Pickup Trucks 2 @ $6,000 each
Trash Cans`
Butt Urns
4 "@$300 each
150 @ $72 each
150 < @ $24 3ach
Vacuums 4 @ $550seach
1000 @ $1200 eac
12 @ $1200 each
Allow
Allow.
Allow
Allow
Allow
Allow
Allow
Allow
Washdown.Hose
Dumpsters (trash removal)
Compactor;
Mechanical; Shop Equipment
Electrical:Shop Equipment
Plastic Shop Equipment
Paint'Shop Equipment_
Plumbing Shop Equipment
Machine Shop Equipment
Carpenter Shop.,; Equipment.
Miscellaneous; Janitorial
Equipment
Miscellaneous
Public Relations
Signs '& Graphics
Benches
Propane Tank & Pump
Gas Tanks (w/key & pump)
Time Clocks
Time Clock Rack
Turnstiles (registering)
Sound, Phone & ;Coaxial Cable
Miscellaneous Stage & Band
Equipment
Administrative Furnishings
Props & Dressing
Floor Machines'
SUBTOTAL EQUIPMENT
Allow
Allow
Allow
150 @ $240 each
Allow
2 @ $6,000 each
2 @ $1,100 each
20 @ $20 each
24 @ $1,200 each
Allow
Allow
Allow
Allow
3 @ $1000 each
EXH -A-
SUBTOTAL BUDGET AMOUNT
25,000
23,800
11,900
29,800
6,000
6,000
190,000
18,00.0
6,000
4,400,
2,800
3,000
4,.200
5,700
1,200
4,.800
9,000
12,000.
12,000
10,800
3,600
2,200
1,200.
14,400
59,500
29,800
29,800
29,800
29,800
29,800
29,800
47,600
12 000
9,000
119,000
36,000 11,300
12,000
2,200
400
28,800
95,200
80,000
119., 0p0
2,200
$35
7,300
BUDGET ITEM
. SERVICE
EXIHIBIT "A"
SCOPE OF.' -WORK AND PROJECT BUDGET
PARKINGSERVICE & ACCESS:ROADS
ROADS. TO. MARINAS`
Excavation
Retaining Wall
Grading
8" Lime Rock Base
Prime Coat
1-1/2" Type S-1 Asphalt
Class II Concrete
UNIT'.
SUBTOTAL
3,000 c/y @ .;$4. 75- $
320 1.f. ;@ $333
1,100 c/y @ $1.40
2,200 s/y @ $3.25
220 gal. @ $.90
2,200 gal. @ $1 25,
(Retaining Walls" 35 c/y @ $130
Concrete Curb & Gutter 1,650 1.f. @ $3.9'i
Concrete Slope Pavement (4") 200 s/y @ $18
Guardrail 830 1.g. @ $7.19
Relocation of 24" Water Main 200. x $35
Maintenance of Traffic Allow
Illumination 6 x $2,000
2. ROADS
AND
PARKING,`
Import Fill & Compact
Mobilization'
Maintenance of Traffic
Demolition '
Clearing and Grubbing.
Borrow Excavation
Type B Stabilization
8" Lime Rock Base
Prime Coat
1-1/2" Type S-1 Asphalt'
6" Lime Rock Base
Prime :,Coat
1" Type S-1; Asphalt
Curb & Gutter'
4"Concrete Paving
Drainage,
Illumination
192,000 c/7 @ $4. $
Allow
Allow
Allow"
30 acres '@ $2,000
30,000 c/y @ $3.10
27,100 s/y @ $80:
27,100 s/y @ $3.25
2,710 gal @ $.90
27,100 s/y @"$1.25
'106,500 s/y @-$2.45
11,000 gal. @> $ .90
106,500 s/y @ $ .75
36,000 'l.f. @ $3.95
1,700's/y @ $7.70
Allow
Allow
SUBTOTAL., PARKING,; SERVICE & ACCESS ROADS
CONTINGENCY 100'.
TOTAL PARKING, SERVICE & ACCESS. ROADS
ROUNDED TO
EXH` ' 1
14,250
106,560
1,540
7,150
198
2,750
4,500
6,435
3,600:�
5,893
7,000
2,400
12,000
738,000
45,200,
35,700
35.700.
60000
93,000.
21,680
88.,075
2,439
33,875
260,925
9`, 900
79,87.5
142,200
13,090
261",800
•505,800
BUDGET
AMOUNT
2,631,584
263,158
$2`,894, 742
$2,895,000
EXHIBIT '.'A"
SCOPE OF WORK AND PROJECT BUDGET.
VEHICLE BRIDGE AND PEDESTRIAN BRIDGE.
BUDGET
ITEM
1. VEHICLE ;BRIDGE
Bridge'
Pedestrian,: Walkway
Retaining Walls & Fill
SUBTOTAL .VEHICLE BRIDGE
CONTINGENCY 1,0%
TOTAL
VEHICLE BRIDGE
ROUNDED TO
2. PEDESTRIAN BRIDGE
Bridge
Structure
Shop. Structure
Electrical &.Mechanica
Soil Tests, Permits
Pedestrian
Ramp
Entrance Marquee
Package Pickup Building
Ramp
SUBTOTAL PEDESTRIAN BRIDGE
CONTINGENCY: 100
TOTAL PEDESTRIAN BRIDGE`
UNIT
450 1:. f. x 31.75 W
x 36
Allow
700 l.f.,_ x $390
SUBTOTAL PROJECT
514', 3 5 0
116,000
273,000:
14,500.s.f. @ $60 $ 870,CU0,
5,300 s.f.@ $90,_ 477,C00
Allow195;;000 `'
Allow ::.9-000 .
12,000, s f., @ $37444000_
Allow 35,000`.
400 s: f., @ $100 40,000
EXH A-8`.
AMOUNT
903,350
90,335
'993,685
99.4,00.0
2070, 000
207,000
2277
000
PHASE OF SERVICE
TIME IN MONTHS
2
6
DEVELOPMENT PERMITTING'
SCHEMATIC ,DESIGN
DES IGN'DEVELOPMENT
CONSTRUCTION DOCUMENTS
PROCUREMENT
BIDDING
8
10
12
14
16
18
NOT CE TO PROCEED
ip
CONSTRUCTION'
0
2
30 32
34
36
0
42
L
'GEND
CO: eTIn OUS SEP.' ICE,
ICI^ERM:TTELIT SERVICE
P_CCTPTAnCE L`Y TI E
CITE CO: 'MISS ION
V
EXHIBIT "A
PROJECT LONGEVITY SCHEDULE
BUDGET
ITEM
• EXHIBIT . "A"
SCOPE OF WORK AND PROJECT BUDGET
VEIIICLE BRIDGE AND'PEDESTRIAN'BRIDGE
VEIIICLE :'BRIDGE
Bridge
Pedestrian`; Walkway.
Retaining Walls &:Fill
SUBTOTAL VEIHICLE BRIDGE
CONTINGENCY 100
TOTAL VEHICLE BRIDGE
ROUNDED. TO
2. PEDESTRIAN
BRIDGE
Bridge
Structure
Shop Structure.
Electrical & Mechanical
Soil Tests, Permits
Pedestrian Ramp
Ramp
Entrance Marquee
Package. Pickup Building
SUBTOTAL PEDESTRIAN BRIDGE
CONTINGENCY
100
TOTAL PEDESTRIAN
BRIDGE
UNIT •
450 1. f.
x 36`
Allow
-700 1.f.
SUBTOTAL
31.75 W
$ , 514 ,150 ,
116,000
$39.0 , 273,000
14,500 s.f.:@:°$60 $ ,870,CJ0;`.
5,300 s f. @ $90 .' `477.090
Allow. 195;000':
Allow -
12,000 s. f. @' $37': $ ,444, 000 J
Allow, 35,000
400 s. f . @ $100 40,000.
PROJECT AMOUNT
903
90
350
335
993,685
994,000
,070,000
':207, 000
277'', 000
.n, `RG , STATION
iA F -1CTURE
,+ f L _LE, ,: \iEN
':.\ROU; =L
SHADE STRUCTURE•
A"RE DEVELOPMENT AREAS TO BE
•
IAMI OktA,BOARb: CLUB
•
ID.
DING
•
45 ADMINISTRATION
WAREHOUSE AND MA1 NTEP'A:
GUARD POSTS
48 TOLL BOOTH
19 EXPANSION AREA (FACT LIT1Ei
i_/;NDSCfu ED ONLY UNDER THIS . ACREEMI
DOCK
•
TO MIAM
BEACH
•
Q,- u
EXHIBIT B-1
.,
• TO 1! r or••ble i• Z'o? and !• ernes :i
lloa .1 of Cotzty Co„r1asi hers.
1iut::
Cc. ssicy:er
•oATc October 171 1978
SUaJECT itmenclmcnts;to the
Public Bu11dinw y ye
Since the inception of the Art. in P u 1•ic fluilcllnr,,n ?roam, it has been
clear that several araenc runts to the cnablivz ordinance' would 17eatly
1..4n:vve thus Cot:nty'3 ability to,actrinistcr`the progxmm and would provide
greater f cxibi �lty xp attached onlirence
•' �'-� in the, c c.~,attw-ti of fu.:ds. The, a4tach..
is x•eco .ended by the County ►tin perand by the citizcnZ' cC; :nittce that
advises the: Naana;;er on l'u`t 'acelt t. 1ttons. It includes the following
pvvioio:ts:
1. • Whenever the fall' 11/2% in not spent on a construction project,
the 2 r:irder ray be either waived by the County Cons-aissian
or placed into an fat trust. 'nd• Tin separate account will
a1?orr;t-hc County to aau irn�ue t:o those projects were the
1' is too small to be used effectively. A good exar 10
is most park and rvcreatien projects. Building' construction
ina park project is a relatively small portion of the park
bu;set, yet public park are e»:collect locations for
imaginative. art works. For this reason, we also want to cl�,ge
the ntre of the pn, an Fran Art In Public Buildings to Art in
Public Places as has been done elsewhere in the country.
The attached ordinance allows costs to the County t•thich are
associated with the orogr . n to be chary 0d to the allotted 11 %.
CT:J c—Lli oYi i,»1I CC��tie Fir for i1eZian13tr • Lt.A.V : eat's,
Irzur once costs : r, even for the repair and iraintenance of art
worts fran general County revenue rather than f x)m the 13,N
gcncr atCd by the pro; ra;n. !te art trunt fund crntioned above
will be u:,ed for :these expenses.
A clear definition of "constrU tion cost" has been added so
rail ^nd •� d1ras about the exact amount of
that there are n o ,,t�.., ei �tv�,
the IV.
Calla
M=NUNANr3UIM
'� H n�u Sbt Bayer .:(u1 Mcrnhcr
1i1�1�1i•�1 171County Co,.i inni nr.rn
•r�r.CiCi2i(.t L. Simon 1/ i;
Dade County. Attorney
w
EXHIBITB-2
AgondA;:tcm tio. 4 (g)
.Ordinance: n(Lat.nc
to Art
The ..eiaC:;ems; orainanca!, was psrepczea and placed on the: agenda
at: the request of Commissioner Shack.
EXH B-
EXHIBIT B-3 •
'Agenda Item N o. 4 (d)
10-17-73
•
Oi DINA %;CE 'RELe\TI►iG '1'0 AItT Its ' VUBLIC
:'LACI'. ; Amwilnll'lG. S1:CT102--11 • l5 c Tile
COD 00 DAD'ECOUNTY, FLORIDA; IU'(VJ1I21UG
'r l►:ACQUISITION O..' WO11YS OF*ART O pE
:INCLUDED IN ALL BUILDINGS i1I:12 AaTi,R
CON STRUCT::i) DY I. OTROPOLITAN DADE Co',ITY
,AND BY I.:UNIC_PALI':IES IN DADI: COUNTY;
PROVIDING DE I:IITIOt1:i t PROVIDING FOR'
:'EV .=ILIT'!'i PROVIDING MR INCLUSION
TNE. CODE; AND PROVIDING EFFECTIVE
DATE
L'E IT ORDAINED EY THE BOARD 0? 'COUNTY COMMISSIONERS Or
DADS:'COUNTY, FLORIDA:
•
oction 1. Suction 11.15 of the Code of Dtet:op o1it
Dada County, Florida, is hereby amended as follows:
Nee.: 1-11.15. Wo ka or art in public builditya:.:
(.) Appropriation for conatructior. to- -
i.ncludo amount for worts of art. ?i4
•n; p apr abion5-Eov-Ohe-or. iginel-conntruetien
(5E-goternmenttel-buildi ng5-by-Mctrepelit:un
Dr:oOouN-,-c;..cl-n; nricsv ti tze 1-Bnre
Court,-:ihal.;.-::: exude-•an-emount-o,-not-Lean
Ctan-en a-nnd-onesahal: -per-er-rt-i1-1 fn)-
oCi-tthe-tot a-nppropr�cation-iov-the-eenntruetie n..'
e.. .,akc1 hu.....-znr,:,-ra-br.-u .e_ri fcs. i:re
ae ;riaic op-oc-wuvlo)-of-art Said-works-eg
ai•C:-I ty-Lac-ut:-il:te,rell-part-a-:;c-st-rUcf:ura;
a;:tac:le6-to-':he-at'rneture-Lei•.-ht<_f:che d-t:i:{ hin
car-ou{::exde-tine-:I(rn: tuner Metropolitan Dade
.-
County and each rnuniCi,onlity —lit Cia0e ConatV
shall provide fEr th aC:quttillaEn ot: woric3
OL 1'L2: eeuiva LCflt in vaiue to not feu : tflZ1
one and one-n ... percent. iT2 1 or t: ii':
conatCGuct::.a n cost of new 9ovtirnm4nta
r�-•
d bUf .li:c;c. To t'he extent t:Tle tots �
;auro::•riatxott is not u::r�d for the acqu'in1t:.cn
r • •
- o1'. :.'.:fir}:f; tat art i.or .aid tnli.iihn(tu, the
. J'C maihder mn'J bo tl'nd X i .: (a) program
C:O:it.i. .`.21.`illril:IGEI C:p^ii::i
the •repair and mainc.�s. ince ofr:y.workn of
r �---'mow rr�'-� �•
t:rt-r.ceuired unaor tn:n r.ruinnnce, or'
n
•Words :::.r,ic:kcn through shall he deleted. Underscore.
words cons:tituto the amendment propor cd. Remaining proviciun::
are:: now in .effect and romain .unchanged.
EXH B-3
.3
s
AG/ev/04/.II
EXHIBIT B-4
Agenda Itrz; tvo.
rage Uo..2.
(b) to :3t12pY�men1t other El )f ror ri34 .tO1117 fnr
th�3 acfl1?.:pit:.Oi9 or t )7 ks 'ot - ilrt rider - thti
OO ci3 Fi Ct: ---ol:•ci z iace .41orka or ,1rt' t t...1
or :ll' ar gtykrarnfl exit 1•LteI f ).t:.Lo'3 'SVT13../:i1 navi!MEM
already i0aC.n COr:;t `_uc^07.T.
a
(c) Definition . :For the .purpose of thin
section, the :col;,c::a3.tly l:i;rm:3 aro hereby defined:
(a) "wor}:3 of art" xn defined heveby as the
wpalication of ;:bill and t aato to production
of 't ;igibl1 ob;, c:ct , according to a.nr:t ctic
rinciple° including, but not limited to,
pai.:ltincs, :,cnlpi:ur a, engraving°, carvings,
;;::L:E,coa, mobiles, mu::a'i n, collages, mosaics,
statuen, bau-re1:.afs, titpc r tricn, photog.r•a. is
and dr -w.in,a. c il; c�r.:Lri �i io:1i . G -�--�+: -..�.
.�' z r
c?a%a,:;tiu t is i:ic.�lz.it:• 11zC�11 t•••••• a I. And enciinct r+.i;c(
y;'?' • `e1 t'Z it ii'me cot31:.`ti11f?i?nl:'•/ fl.tio:•:anon •
doors not .lnc.iuda ianr acci.T ration or
nU:):3Cauent chzInfe:i r.o the constrliCTrin contra...{..
constructfiin CO2ots^i alf-5e (:r:lcul .�•S:�
4n—or tr o data the: contract is e r :cl :e
-Section ct'ion 2. If any section, subsection, sentence,
clause or provision of this: ordinat:co is held invalid, the -
remainder of this 'ordinanco :hall not bo affected bysuch
irvalic i .y.
rcton'3. It is
tha intent o
Com.iis .ion ::ra, and it Is hereby
of this ordinance • :.hail become and he ma a part of the
t'.h Boa
of County
ordained that: tcie provisions
Code of Metropo:,it:a'n Dado County, Fiorid ... The sections ca,:
t?1is' ordinance may " be _rentunb4)ree. or ` roiott.. ed to ' tcco:itpi i h
:;t:ch intention, and tha word "or.Unance" ma,' be changed to'
"section'.',` "article", or other 'appropriate word.
w -•!,
aect.o,i ,:. phi:1 ordinance. ul;all;'Uc:cc)ma O.Y'CCL'iVG',
(60) vials, after the'date o: its. enactment.
PASSED D AND ADOPTED:
Appr ovod , by County ilttorncy an
form .arc:`:era suf:icioncy •
Prepared by:
it.
r.
1..
:
ts.
EXH B-4
iI
r
•
REA: eb
1-21-74
EXHIBIT B-5
AMENDMENT TO ORDINANCE NO.(?2a
ORDINANCE RELATING TO ` ART IN PUBLIC BUILDINGS;
REQUIRING THE ACQUISITION ;,OI' . WORKS OF ART, TO
BE INCLUDED IN ALL BUILDINGS HEREAFTER 'CONSTRUC-
TED BY THE CITY OF MIAMI ; .''PROVIDING DEFINITION
OF WORK OF ART; PROVIDING WAIVER OF REQUIREMENTS;
PROVIDING SELECTION OF. ARTISTSBY CITY MANAGER;
ESTABLISHING A CULTURAL ARTS ADVISORY COMMITTEE;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY AND PROVIDING EFFECTIVE DATE.
WHEREAS, Metropolitan Dade County adopted
No. 73-77 on September 18,'1973 requiring all appropriations
for construction of government buildings by Metropolitan Dade
County and by municipalities in Dade County to include an
amount not less
Ordinance
than 1>z j of •the total , appropriation for the
construction, to be used for the acquisition ''of works'' of art.
FLORIDA:
BE IT ORDAINED BY THE <COMMISSION OF THE CITY
OF MIAMI
Section 1. Al]. appropriations for the �riginal con-
struction of governmental. buildings by the Cornmission of the
City of Miami, Florida,;shall include an amount of not less
one and one half percent (12%) of the
the construction of said buildings to be used for the acquisi-
tion of works of art Said works of art may be an integral
than
totalappropriation for
part of the structure, attached to the structure or attachec
within or outside the structure.
Section
. Waiver of Requirements:
The requirements
of, Section 1 may be waived by Resolution of the '°Commission of
the City o
that
Miami, Florida when and 4"f it appears to said body
a construction project covered hereunder is not appropriate
for application of the above requirements.^
EXH B-5
Section 3.
EXHIBIT B-6
Definitions. For the, purpose 'ot- this
Ordinance the term 'works of art" is defined hereby as the_
application of skill and taste to production of tangible objects
according to aesthetic principles including, but not
to paintings, sculpture, engravings, carvings, frescos,,
mobiles, murals, collages, mosaics, statues, bas-reliefs,
tapestries; photographs and drawings.
Section 4.
limited
The selection of., commissioning of,
or craftsmen, reviewing of design, and the acceptance o
of`art shall be the responsibilityof the City Manager.
City' of Miami
Florida.
artists
works
Section 5. ACulturalArts Advisory "Committee; i
hereby established. The Committee shall consist of five
each of whom shall be a civic minded citizen with
experience; in the field of Cultural Arts.
the
members,
background and
Each Commissioner
and the Mayor shall appoint one member to the Committee.
Committee members shall serve without compensation for
The
a term
of one calendar year except for those members initially
appointedwho shall serve for the remainder of the calendar
year 1974. The Committee shall meetat thedirection of. the City
Manager, at
actin an
anger" andshall
a time and. place: designated by the M g
advisory capacity.
Section'6 It is the intention of the Commission`
the City of Miami, and it is hereby ordained that
f
theprovisions
of this ordinance may be renumbered or relettered to accomplish
such intentions; and that the