HomeMy WebLinkAboutR-79-0297rC/bbb
/19/79
RESOLUTION NO
A RESOLUTION AUTHORIZING THE C,ITY,.MANAGER TO EXECUTE
TA
THE-ATCHED RE -NEGOTIATED' CONTRACT BETWEEN THE FIRM
OF FERENDINO GRAFTON, SPILLIS CANDELA, ARCHITECTS/
ENGINEERS FOR AN INCREASE IN THE SCOPEOF WORK AND
FOR SERVICES"TO BE PERFORMED": BY" THAT FIRM FOR THE
CIOFMAM II/UNIVERSITY." OF ;MIAMI JAMES L. KNIGHT
-INTERNATIONAL `CENTER; FURTHER AUTHORIZING.THE CITY
MANAGER.TO .EXPEND_THE". CONTRACT -=AMOUNT NOT TO EXCEED
$1,266,700.00 FROM THE CONVENTIUN'CENTER FUND TO
COMPENSATE SAID"FIRM FOR ALL OF ITS -SERVICES,
INCLUDING THE ABOVE--INCREASE.INSCOPE, WORK.
AND SERVICES. -
WHEREAS, the CITY proposes to construct the CITY'S 7,
000"
seat Conference/Convention Center on the site commonly known as the
Feinberg Tract, located at S.E. 4 Street and S.E. 2 Avenue, which
Center shall include the University of Miami James L. Knight
International Center; privatelydeveloped hotel, shops and "restau-
rants;: and, possibly,a parking garage, which Center hereinafter
shall be called the PROJECT; and
WHEREAS, the PROJECT is funded by means of the following
revenue sources:
The City of Miami Convention Center Bond sales in the
amount of $4,200,000.00;the Virginia Key Land Sale of $5,300,000.00
a grant from the Economic Development Administration (EDA) U.S.
Department of Commerce in the amount of $4,373,000 00; a Lease
Revenue Bond of $36,500,000; and interest accrued of`$4,471,000.00
Upon the completion and beneficial occupancy of the University
Conference Center and the Hyatt Regency Hotel, payments to the City
of $4,700,000.00 from the University and $5,300,000.00 from the
Developer will be used to repay the $8,000,000.00 short term'portion
of the 'lease revenue bond; and
WHEREAS, the Commission of the City of Miami on July 31,
1975 by Motion No 75-712 authorized and directed the City Manager
at the first meeting in September, to submit names of three archi-
tectural firms for the Commission to consider and select one for
79-297
the design of the new downtown 7,000* seat Convention Center;
the City Commission by Reso-
WHEREAS on October 16, 1975,
lution No. 75-967 authorized the firm
Cande
la to proceed immediately with complete contract documents,
which authorization is reflected in an agreement dated April 8,
1976; and
WHEREAS, the Commission of the City of Miami by Resolution
No.76-1053,.
adopted November 18 1976, authorized the firm of,Feren-
dino,Graf
ton, Spillis, Candela to proceed immediately with complete
�
contract documentsinclizding.-
the University of Miami ,Spaces, which
author
ization is reflected in an agreement dated February 3, 1977;
an
and
WHEREAS, the 'Commission
of
of Ferendino,
Grafton,Spillis,
the City of Miami on March 8,
the need for an increase in the scope
in construction cost to $26.0 Million
19.79, duly recognized
project and an increase
1=30 Million and by Resolution No. 79-157 authorized the City
$ Managerto proceed with the Financial Concept. Plan as outlined
-
including, certain changes and additions in the architect/engineer's
1977
of this
responsibilities requiring re
contract
NOW, THEREFORE,
CITY OF MIAMI, FLORIDA:
Section 1. The City manager is hereby authorized to
ther hitect/
negotiation of the February 3,
-from
BE IT RESOLVED
BY: THE COMMISSION OF THE
executed the attached re, -negotiated agreement between a c
engineering firm of:Ferendino, Grafton, Spillis, Candela for an
increase in the scope of work and services for the City
f Miami James L. Knight International Center.
of Miami/
oi
Universitym
Section 2. The City Manager is hereby authorized to expend
79-291 4
r
the contract amount not to exceed $1,266,700.00 from the Convention
Center Fund to compensate said
the
firm for all of its services
including
above authorizedincrease in scope of work and services.
PASSED AND ADOPTED this 30 day of APRIL ,.1979.
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
ATTEST:
' Iwi
• : L' G. GIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG
. KNOX, JR.,
TY
TTORNEY
1
f
79-29/
G;R.E_1,.M ESN
and
he CITY desires to engage
. D. , 1979a of 11
THIS AGREEMENT made this d y,. . '
by and
between 'TIE CITY OF MIAMI, a Municipal Corporation of the
� ,
St
ate of Florida, hereinafter called CITY and FERENDINO, GRAFTON,
SPILLIS, CANDELA, Architects, Engineers, Planners, a Florida
Corporation, hereinafter called the PRINCIPAL.
located at S.E..4;Street and S.L. 2 Avenue, which Center
parking' garage,' a possible hotel,
W. ITNESSETH':.
WHEREAS, the CITY proposes to construct a 7`,000± seat Conven-
known as the.Fein%ery.Tract,
ion,Center on the site commonly Tract,
could also
include the James L. Knight Center,
shops and restaurants and,
possibly, to accommodate other civic_
�s such asUnited Way,.Information Center .,hereinafter called
functions
the PROJECT; and
WH
EREAS, the PROJECT is funded by meaflS of the following revenue
sources:
Cite of,Miami Convention Center Bond sales inthe amount of
The Y
$4,
200 000.00; the Virginia Key Land Sale .$5,300,000.00; a grant from
the Economic Development Administration (EDA), U.S...Department of
Commerce in the amount of $4,373,000.00; a- Lease Revenue Bond of
000.00. Up on the comple-
$36 500,000; and interest accrued of $4.471►
tion and beneficial occupancy of the University Conference .Center
and the Hyatt Regency Hotel, payments to, the. City of $2,
700, 000.00
from the University and $5,300,000.00 from the Developer will -,be
the $8,000,000.00 short term porti
used to repay on of the lease
rev
enue
bond;
WHIEREAS
i firm to render the necessary professional and; technical
hereinafter called WORK for planning, desiyniny,
administration of the PROJECT upon the terms, conditions and
an architect -engineering
services,
and construction -
provisions hereinafter set forth; and 1975 by Motion
WHEREAS, the Commission of the City of Miami on July 31,
..No. 75-712 authorized` and directed the City Manager at the first meeting
in September, to submit names of three architectural firms for the Commission
q'‘consider and select one for the design of the new downtown 7,000 +.seat
otivention Center; and
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WHEREAS, on October 16, 1975 the City Commission by Resolution 75-967
authorized the firm. of Ferendino, Grafton, Spillis.__Condp111,, to
proceed immediately with complete contract documents; which authorization
is reflected in an agreement dated April 8,.1976; and
Commission of the City of Miami by Motion No.
authorized the firm of Ferendino,
WHEREAS, the
76-1053:adopted Nov. 18, 1976,.
Grafton, Spillis, Candela to proceed immediately with complete
contract documents including the University of Miami Spaces, under.
agreement signed, February 3, 1977.
WHEREAS, the Commission of the City of Miami. on March 8,`1979
recognized the increase in scope of this project and the increase
in construction cost to $26.0 Million and by Resolution No. 79-157
authorized the City Manager to proceed with the Financial Concept
Plan as outlined including certain changes and additioflS inthe
architect/engineer's responsibilitiesrequiring re -negotiation of
their contract.; and
the Commissionof the City of Miami by Resolution No.
79-157 adopted March 8, 1979, authorized the City Manager to re
of Ferendino/
WHEREAS
negotiate the agreement between the CITY and the firm
Grafton, Spillis, Candela signed February ''3; 1977 and the herein
Agreement reached as a result of re -negotiation shall supersede in
its entirety the prior agreements executed and. dated April 1976.
and February 3, .1977 ; and
NOW,THEREFORE,` the CITY and the PRINCIPAL for the `considera-
tion hereafter set forth,. agree and covenant, one unto the other
8,.
as follows:
SECTION I GENERAL
A. The PRINCIPAL shall carry out the WORK with all
professional manner.
sound, economical, efficient and
dispatch in a
The provisionsof all
applicable
applicable Federal State and Local Laws'
shall be met; and
B. The PRINCIPAL shall perform the professional services
hereinafter set forth and in general accordance with the
tions of the CITY, the UNIVERSITY and the CONSTRUCTION
as
instruc-
MANAGER; and
The provisions of all applicable Federal, State and
Local`Laws shall
be met; and
B. The PRINCIPAL shall perform. the professional
hereinafter set forth and in general accordance with the instruc-
tions of the CITY, the UNIVERSITY and the CONSTRUCTION
and
services as
MANAGER;"
00.0.00 for the
C. The CITY has budgeted the amount of.$54,844
total cost of the PROJECT. This amount includes the following items:
Funded .Reserve ._ $_ 4,943,000.00
5,750,000.00
Land' Acquisition
3�4.,401,�000.00*;
2,500,000.00
* Out
amount of $26
D. The PRINCIPAL shall
University of MiamiSpace
Garage
Total
of the Convention Center Development of $34,401
for. construction.
000,000.00 is
designated
design the
7, 250, 000 00
000.00. an
PROJECT within
available to the CITY for this purpose; and
th
e agrees to accept
as
the funds
E E. The CITY agrees to"pay and .. _
payment in full for all professional and technical services
as outlined in SECTION III — PROFESSIONAL SERVICES,
rendered,
hereof,
RED NINETY SEVEN ,.THOUSAND
,SUM 'FEE OF ONE. MI LLIO N=.-S IX'
and Master Plan
HUNDRED DOLLARS
the LUMP :
FIVE
($1,697,500.00)
The CITY recognizes that under the previous Agreement,`
the Program
F.
the PRINCIPAL had completed g-.
Schematic Design Phase, the Design Development
five percent
recognizes that of the previous work completed
applicable to the present design and therefore
(65%) of the Construction
CITY in this renegotiated: contract. in
Program and Master. Plan
Schematic
Phase, the
Phase; and Sixty
Document Phase. The PRINCIPAL
certain portions are
79- 297 4
That CITY recognizes that the PRINCIPAL has under the
irevioUs agreement prepared the bid
packages for: the Archaeological
Excavation Work; Site Preparation Work Site Surcharge_Work; andFoundation Work.
H. The CITY, authorizes the PRINCIPAL
proceed into Re -Design
and Construction Documents. Phase for six multiple bid
Development
Packages consisting of: SuperstruCtUre Work; Interior Finishes,
Roofing and Glazing Work; Elevators and Escalators; HVAC, Plumbing
and Sprinklers; Electrical Work; and Site Work.
SECTION II DEFINITIONS
A CITY is hereby defined. as The city of Miami, Florida.
B. CITY MANAGER is hereby defined as the City Manager.
DIRECTOR - is hereby defined as the Project Director of the
Knight International Center.
City of Miami/University of Miami James L.
D. UNIVERSITY is hereby defined as the
vniversityof Miami,
Coral Gables.
CONSTRUCTION MANAGER is hereby defined asMiami Center
Associates Inc. of 150 S.E. 2nd. Avenue Miami", Florida 33131.
F. DEVELOPER - is hereby defined as -Miami Center
Ltd of 150 S.E. 2nd. Avenue, Miami, Florida 33131
Associates
G. PRINCIPAL - is hereby defined as.Ferendino, Grafton,;Spillis,
Candela; Architects, Engineers, Planners, of 800 Douglas Road,. Coral
GabieS, Florida.'
H. PROJECT is hereby defined as,the
7,000t seat conference/convention center plus the University
James L. Knight International Center, to be designed within the LUMP
garage, a hotel, shops,
SUM FEE"stipulated and`possibly'a parking
restaurants, possible space for Community and Public Agencies as may
be determined' during the program development.
I. WORK - is hereby def"ined as all the. professiOflal and
technical services to be rendered or provided by,the PRINCIPAL for
construction of the_City's
of
Miami's
the
PROJECT, as described
in SECTION III PROFESSIONAL
SERVICES,
hereof.
J. CONSTRUCTION COST is hereby defined as the total final
construction contract cost of the PROJECT tothe CITY but it shal
not include any PRINCIPAL'S FEES or special consultant's fees or'.,
4
• 7 9 - 297
in full
as the amount of money,
K. LUMP SUM FEE. is hereby defined
he CITY agrees to pay and the PRINCIPAL agrees to accept as payment
for all the professional and technical services rendered
pursuant to this agreement, to complete the WORK as
in SECTION III - PROFESSIONAL SERVICES, hereof.
defined s the art work to be provided
further
defined
L. ART WORK - is hereby- a
based on the scope, of. the project as set forth in CITY Ordinance
No. 8227 and Dade County Ordinance No. 73-77.
M, DIRECT TECHNICAL SALARY EXPENSE - is hereby defined
straight -time portion of wages and salaries subject
Tax of the PRINCIPAL'S technical personnel (Principals,
Designers, Draftsmen, Specifications
Engineers, Planners,
and Technicians) engaged' directly on the PROJECT.
TECHNICAL SALARY EXPENSE charged against the PROJE
including PRINCIPALS shall not exceed TWENTY DOLLA
HOURS plus -payroll burden which is not to exceed Twenty eight`
percent-.
SECTION III PROFESSIONAL SERVICES
The PRINCIPAL, in Close coordination with.theCITY and
as the
to Federal Income
Architects,
Writers
The:DIRECT
CT for any Personnel,
RS. ($ 20 •.00) PER
(28%)
under the
direction of the CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER is under separate contract with
the CITY and will act as theCITY'S agent for the administration of
this Agreement, subject to the CITY'S review and approval. The CITY
MANAGER'S review and approval of the WORK will relate only overall
compliance with the general requirements of the PROJECT and whenever
terms is
the term "Approval uby the CITY MANAGER, or
sed in this Agreement, the phraseology shall in no 'way relieve the
PRINCIPAL from any duties or responsibilities,under;the terms f
this Agreement and from using the: highest architectural and engineering
to
the CITY"'or'hike
services. and practices.
The PRINCIPAL" shall,' in the preparation of .Plans
0
and Specifica-
State and
tions,.and;in Site -Inspection, comply with all Federal
Local codes, ordinances and regulations pertaining to the design'
construction of the PROJECT. Attention is, invited to the Federal
an
9.7
WageHour Law, Walsh -Healy; Act, The Occupational Safety and Health
ct, The National Environmental Policy Act,Equa1 Employment Opportunity
Legislation and the requirements of the Economic Development AdminiStra-
A
tion Grant.
PROGRAM AND. MASTER PLAN PHASE
The CITY recognizes that the PRINCIPAL has substantially
completed this phase, however this acceptance does not
the PRINCIPAL of providing all of the information and work
relieve •
product as outlined and specified in the previous agreement.
SCHEMATIC DESIGN PHASE
The CITY recognizes that the PRINCIPAL has substantially.
completed this phase, however this acceptance does, not relieve
the PRINCIPAL of providing all of the information and work
product as outlined andspecified in, the previous agreement.
DESIGN DEVELOPMENT''PHASE
that the PRINCIPAL has substantially
however this acceptance doesnot relieve
ormation and work
The CITY recognizes
,completed this phase
the PRINCIPAL of providing all of the inf
produdt as outlined and specified in, the previous; agreement.
RE-DESIGNDEVELOPMENT PHASE'.
During the Re -Design Development Phase, upon written authoriza-
tion of the CITY and as directed by the CITY and its CONSTRUCTION
MANAGER, the PRINCIPAL shall:
1. Prepare Re -Design Development Documents consisting of
s, and outline specifica-
illustrate ` the� size_ and
its essentials` as to
plans, elevations; and -other drawing
tions all in order;to fix and
character of the'entire;PROJECT,in
location, kinds of material, type
and electrical systems,
works as may be required.
Co;.3 Iinate with the , CONSTRUCTION MANAGER in preparing
of structur
utilities locations,
Estimate of PROJECT construction cost broken down into
It shall be "the obligationof the.
major categories.
PRINCIPAL to produce a design which may be constructed
within the CITY BUDGETED AMOUNT or any subsequent revision
ed b the CITY. by the CITY of
e; mechanical
and such other
an
thereof approv y
Approval
79
297
Re -Design Development Documents includes approval of
the construction _Cost estimates submitted therewith only
- _
if so stated in writing by the CITY. Should the Estimate
of PROJECT Construction Cost for the Re -Design Development
Phase be greater than the CITY BUDGETED AMOUNT set forth
in SECTION 1, C herein, the CITY may require the PRINCIPAL
to revise the Re -Design Development Documents as necessary
in order to permit the submission of a revised Etirnate
of PROJECT Construction Cost within the CITY'S budgeted
amount as part of the PRINCIPAL'S basic professional
services at no addition in fee to the CITY.
3. Submit completed Re -Design Development Documents thereof
as required. • •
4. Adjust the scale model of proposed facilities, if
required by the CITY.
5. The PRINCIPAL shall make a presentation to a f143.1 City
. _
Commission of the Re -Design Development . Documents , Outline
. ,
- •
Specifications, Construction Cost Estimates, Renderings,
Model and -Time Schedules • _ ,
6. The PRINCIPAL shall revise the Re -Design Development...,
Documents - and other documents as directed:by .t.he City
Commiisson.
•
7. Retain the services of a theater consultant and acoustical
consultant with specialized expertise and experience with
facilit.ies, similar in rnatter. The proposal and qualifica-
tions of Brannigan and Lorelli Associates, Inc. and Jaffe
Acoustics, Inc. submitted by PRINCIPAL are acceptable to
The Re -Design Development Phase shall': be completed when: the.
CITY approve* andaccepts the Re-DesignDevelopment .Documents ;
. - - _
E. CONSTRUCTION DOCUMENTS PHASE _ - - -
During the Construction Documents Phase, upon written -aUthoriza
tion,of the ,CITY and in accordance with all the approved and .accepted:
part of the Re -Design Development Phase, the PRINCIPAL shall:
79-
97
1
▪ Prepare all construction contract plans and specifications
and other contract documents, except general conditions,
for the complete PROJECT. These are to be in conformance
with all applicable federal, state and local laws and codes
andwill include such items asthe `working drawings and.
specifications adequately setting forth in detail'descrip-
done and d also the materials,
tions of the construction to be"
workmanship finish - .
p,. es and equipment required for all;
architectural, structural, mechanical
connected equipment, (e.g.
electrical, service -
fixtures and equipment
attached
the facility electrically, mechanically, or structurally)
ment landscaping. Assist the CONSTRUCTION
site develop
MANAGER in the preparation of bidding information,
and the
special provisions of the Construction Contract, Bid Proposal,
the Construction Contract, and other Construction Contract
Documents'.
The 'Contract:Documents are to be prepared
bid packages with alternative bids to be submitted for single
guaranteed minimum'price.
Review the construction contract plans' and specifications,
and any other written report or written document as .`required,
▪ Advise the CITY and the
to previous estimates
4.
to secure the CITY'S approval` thereof.:
CONSTRUCTION MANAGER of;any ,adjustments
of PROJECT construction cost which may be
indicated by changes in scope,
conditions or otherwise.
Coordinate with the CONSTRUCTION MANAGER in the preparation of
Final Estimate of PROJECT Construction` Cost based upon
completed working drawings and specifications, broken down
the
the c p
into major bid packages. The resulting estimates of
Construction Cost shall be construed as the informed
signal opinion of the PRINCIPAL, and the CITY will rely o
as a reasonable approximation of bids to be received.
• See thatall construction
(working drawings and specifications) bear the'seal
a Florida registered professional architect Or engineer and
that the names'of professional responsible for major portions
of each separate specialty of the WORK appearon the construc-
1�
design,
for multiple
requirements,
market
PROJECT
profes-
n it
contract plans and specifications
ticn contract plans and specifications.
8
of either
a 79. 2
12 During
6. It is to be fully understood that theatrical and acoustical
design and construction criteria are of primary importance,
therefore the PRINCIPAL shall continue theservices of the
. `.
approved theater and acoustical design.
It is to be fully understoodthat the, air
consultants.
conditioning.
system for the PROJECT shall require special and unique
solutions, therefore the PRINCIPAL shall provide the
services of a professional with the experience and capability
of designing such a system.
of the CITY'S concern for energy conservation
Because
shall be fully understood that the PRINCIPAL pay particular
attention to designing all of the energy systems required
for the PROJECT with emphasis towards conserving energy.
attention
will be focused on the different uses
tioning,
conditioning,
Particular _
of the PROJECT and the differente demands for air
lighting etc.
Submit. the completed construction contract plans and
9.
specifications to the CONSTRUCTION MANAGER and the CITY for
a complete and detailed review and approval.
10. Conduct all necessary dry -run checks of the construction
contract plans and specifications in connection with
securing the approval of and necessary permits from all
local regulatory agencies.,
11. Deliver to the CONSTRUCTION MANAGER and the CITY the
construction contract plans and.
completed master set of
specifications and other related parts of the
hreproducible
Construction
Contract: including the Bid Proposal in sUc
form as may be specifiedby the CITY.
the Construction Document Phase, the PRINCIPAL'
to be responsible for respondiflg to the
provided by the CONSTRUCTION MANAGER,
areas of Scheduling (critical path network).
Budgeting and Construction Cost Estimating,
Methodology and Phasing of Work.
technical
is
Value Engineering,
Construction
input
particularly in the
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The Construction Documents Phase shall be considered complete
on the day the documents are issued to the contractors for bidding
delivery
purposes, but not later than ninety (90) days from the date of
by the PRINCIPAL to the CITY of the completed
plans and specifications ready for construction bids.
"BIDDING PHASE
T. To assist
the initial
with accompanying
2. t": t in the review of the bids
the CONSTRUCTION MANAGER `in the preparation of
bid documents, the preparation of. any addenda,
'n drawings or:other material as required.
with the CITY and
Par icipa e
the CONSTRUCTION MANAGER and make recommendations regarding
the award of the Construction Contract.
Take part in pre-bid"conferences. with CITY, the CONSTRUCTION
MANAGER and prospective bidders as required.
. The bidding phase shall be considered complete when the
are awarded, but not later than ninety`(90) days
contracts
from the date of receipt of bids.
F. CONSTRUCTION PHASE
The Construction Phase shall commence with the award of the
Construction Contract or Contracts. During the Construction Phase, upon
written authorization from the CITY,
visits to the site
1. Make periodic
Construction: Contract
the PRINCIPAL shall:
familiarize himself
with the progress and quality of the work and to determine
that the work is proceeding in accordance with the Contract
Documents and submit visit reports; and
Consider, evaluate,
recommendations to
and make
Cons ,
CONSTRUCTION MANAGER for,
modifications which might be submitted by
for approval.
. Submit to the CONSTRUCTION MANAGER fl writing any request
by him for interpretation of Contract Documents
. :Furnish any additional details or information when.
required at the job site for properexecution, of the
and
the
his review of any suggestions or
work;
Assist the CONSTRUCTION MANAGER
evaluation of changes
the. Contractor
as required, in the
in plans, extra workorders, and
10
:79-2
supplemental agreements such assistance will
the PRINCIPAL of any responsibilities as specified under'
the terms of this Agreement; and
not relieve
. Check and review shop and working drawings, samples
and other submissions furnished by the. CONTRACTOR; and
• Prepare requests for all required testing necesSary for
the PROJECT including care borings, test pits,
mechanical, chamical, soils, mill and laboratory tests,`
law orthe Contract
inspectionand reports
Documents; review with the CITY all laboratories, firms,
individuals and/or consultants conducting these tests
prior to their authorization; retain a copy of all tests
results. Review all tests results and advise the
CONSTRUCTION MANAGER of the findings in writing.
. Receive samples which are required to be furfliShed at
structural,
required by
the job site; record date received
and from whom;' examine
MANAGER of the
said samples and notify the CONSTRUCTION
PRINCIPAL'S approval or rejection and maintain custody
of approved samples; and,
9. Review the Contractor's construction schedule; be alert.
to.the completion date and to conditions which may cause
delay in completion or vary from the Critical Path
Networtk (CPN) established and report same to the
CONSTRUCTION MANAGER; advise the CONSTRUCTION MANAGER
that when the PROJECT has been completed the work, is in
accordance with the Contract Documents.
10. After substantial completion, make, a list"of items for
correction before final inspection, and check each item
as it is corrected; and
11. In the case of additions
facility, which should be, maintained as. an operation
o or renovations of an. existing
79-29
unit, notify the CONSTRUCTION MANAGER in writing of
job site which may have an effect on
the CITY's existing operation; and:
12. The Contractor is expected to turn over to the CITY. a
completed facility, ,however, the CITY and/or the DEVELOPER
will have the right to take possession .of, :and .use any
completed or partially completed portion of the PROJECT,
notwithstanding the fact that the time for completing the,
entire PROJECT or such portions may not have expired, but
such taking possession and use shall not be deemed an
acceptance of any work not completed and it shall in no
way relieve the PRINCIPAL of any of his responsibilities
under the terms of this Agreement."
13..Maintain =orderly files for (1) correspondence,(2
of job conferences, (3) shop drawings; and (4) reproduc-
tions of original Contract Documents including all addenda,
change orders and additional drawings issued subsequent.
to the award of the Contract.
14. Attend and report to the CONSTRUCTION MANAGER on all
required conferences; and
15. During the course of the WORK, review "Guarantees, :Certifi-
cates and Maintenance Operation Manuals and Keying Schedule,
and furnish such documents to the CONSTRUCTION MANAGER
prior to the acceptance of the PROJECT.
16. Furnish to the CITY within thirty (30) daysaftercomple-
tion of the Construction Phase of. the PROJECT the original
reproducible drawings ofthe Construction Contract plans,
revised to include all ,changes or modifications to ,the.
design made during;- the,Construction Phase;
all
shop andworking drawings, duly approved by
At the completion of construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY a"written statement that to the best of
of his knowledge, 'the PROJECT has: been constructed in accordance with CITY
approved construction plans and specifications and CITY approved .change orders,
conditions on the
12
reports
copies of
the PRINC,IPA1.
79-297
U
shall furnish such other written certificates as may be required by
laws and regulations applicable to the PROJECT.
shall be complete when the PRINCIPAL
The Construction Phase
has delivered the aforesaid
certificates
including "as built" plans,
etc., to the CITY;and the City Commission has
accepted said PROJECT.
the'PRINCIPAL shall act as his own
the CONSTRUCTION MANAGER in all matters
During all Phases,'
representative to the andCITY
pertaining to the PROJECT.
SECTION IV CITY'S SERVICES AND RESPONSIBILITIES
The CITY. will furnish the PRINCIPAL with the following
and information from existing CITY records and CITY files:
A. The CITY will provide information regarding its known
requirements for the PROJECT.
B The CITY will furnish a Certified Land Survey of the
services
Site
pavements
giving, as applicable, grades and lines of streets, alleys,
and adjoining property; right of way, restrictions,
ments, zoning, deed restrictions, boundaries and contours of the
locations, dimensions and date from existing records on file
Department of Public Works of the CITY pertaining to existing
other; improvements and trees,
service and utility lines both public and private.
C. If the PROJECT DIRECTOR' observes or has been notified
writing of any fault or defect in the PROJECT or nonconformance with
the Contract Documents, prompt written notice thereof will be given
to the PRINCIPAL..
easements, encroach -
site,
in the
buildings,
and information concerning available
The CITY will do all reproduction and binding of the
and construction sets of the drawings and specifications; and
all existing and applicable CITY aerial photographs.
E. The CITY will appoint a PROJECT DIRECTOR to actas liaison
between the CITY and PRINCIPAL, and with the exception of the Program
will not start work nor incur
in
and Master Plan Phase, the PRINCIPAL
bidding
loan
conditions
or.
any expenses or any other Phase of the WORK or special
change orders without having received written authorization .either by `.
letter or report from the CITY'S. PROJECT DIRECTOR to do so. Nothing.
contained herein shall relieve the PRINCIPAL of any responsibility as
provided
under this Agreement.
13
�.79-297
F. The CITY hereby designates MIAMI CENTER ASSOCIATES, INC.,
as CONSTRUCTION MANAGER of the PROJECT, which firm will act as the
agent in all ,.matters ,regarding ,the contract administration
CITY
S
of the. WORK.
G.: The: CITY will .furnish all required testing necessary for
the PROJECT, including core borings, test pits, structural,
chemical, soil, and mill`and laboratory tests, as --the serVices:of a
or other:consultant when deemed necessary by the
CONSTRUCTION MANAGERand the`.PRINCIPAL shall be entitled to, rely upon
soils engineers
the
SECTION,.V- COMPENSATION:FOR SERVICES
accuracy
completeness, and competence thereof.
A. For professional and technical
Master Plan, Schematic Design Phase, Design
Construction Phase of the
III hereof, including the services
mechanical,
Phase
Phase, `:Construction -Document
PROJECT, as outlined in SECTION
of a theater and acoustical consultant and a ,resident:inspector, or
other qualified personnel, the CITY agrees to pay, and the PRINCIPAL
agrees to accept,:as a full payment for his services the LUMP SUM
FEE OFONE: MILLION, SIX HUNDRED,' NINETY SEVENTHOUSAND, FIVE HUNDRED
DOLLARS ($1,69,7,500.)0) LESS A FEE CREDIT TO THE:CITY FOR WORK
PREVIOUSLY DONE OF FOUR HUNDRED THIRTY;THOUSAND, EIGHT HUNDRED DOLLARS
($430,800.00) OR ONE MILLION,: TWO HUNDRED SIXTY SIX THOUSAND, SEVEN
.
.HUNDRED DOLLARS ($1,266,700..00).. This SUM , FEE, hereinafter
.referred>to•as the BASIC FEE shall be monthly in proportion to the
services performed so that the compensation' at the completion' of
each phase shall equal the following percentages of -the -total BASIC
and
services for the Program and
Development Phase, Bidding
LUMP
FEE:.
authorized by the CITY for
B
and technical. services, the PRINCIPAL shall.
(2.5) the. direct
Program and Master Plan Phase (completed' 11%
Schematic Design Phase (completed) 19%
Design' Development Phase
400'.
Construction Documents Phase
Bidding Phase 80%. 100 0
Construction Phase
For additionalwork'
of two
and one-half
times
as defined. in Article
II M above
professional
be reimbursed on the basis
technical expense
14
79-297
SCHEDULE OF WORK
SECTION VI -
The PRINCIPAL agrees that time is of the essence in the achiever
merit of the, PROJECT and further agrees to execute the professional`
and technical services promptly and diligently and only upon and in
strict conformance with specific authorization from the, CITY MANAGER
in writing. It is understood and agreed by both parties that the
following schedule for the WORK will be strictly followed by the
PRINCIPAL."
A.
•
PROGRAM AND MASTER PLAN PHASE - Substantially completed.
SCHEMATIC DESIGN PHASE - Substantially completed.
DESIGN DEVELOPMENT PHASE - Substantially completed.
D. CONSTRUCTION DOCUMENTS PHASE
The Construction Documents Phase, Bidding Phase and Construction
Phase shall be inmultiple bid packages, all to be completed by June 1,
1979, with bid opening on July 15 and award of contract or contracts
July
26. 1979.
. BIDDING PHASE
Phase is projected to require forty five (45)
The Bidding.
calendar days according to this schedule.
CONSTRUCTION PHASE
The Construction Phase will commence with the award
or contracts and shall be completed when the
PRINCIPALhas delivered to the CITY a written certification that to the
best' of his
Construction.. Contract
knowledge the
PROJECT
has' been constructed in
of the
accordance
With CITY' approved . construction" plans and specifications and CITY
approved change orders and shall furnish such ether written certifications
applicable to the PROJECT,;
as may be required by law on regulations
including"as built" plans, and a certificate of occupancy has been
issued by the CITY.
SECTION VII.-ADDITIONAIL WORK AUTHORIZED BY THE CITY
A The CITY reserves the right to increasethe scope, and
amount of the
Contractors,
PRINCIPAL to
construction contract by directly authorizingthe
to do extra or additional work without requiring the.
furnish professional or technical services.
5
w79-297
which case the fee for these services will be on a
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 his services
•
completed PHASE prior to termination in accordance
•
COMPENSATION FOR SERVICES, provided
in default under the
term of this
rendered
with SECTION V
the PRINCIPAL is not
The PRINCIPAL is to furnish landscaping andinterior design
services wh
ich are normally a part of his contract documents and
.. .
as part of his basic services within the stipulated
SUM FEE. However, the CITY reserves the right to authorize the
provide •
additional services such as exotic landscaping
design services if found necessary by the CITY, in
specifications,
LUMP
PRINCIPAL to
and interior
in
negotiated
i
however that
s Agreement.
during �an
If, of this Agreement'` occurs.
incomplete PHASE, then the PRINCIPAL shall -be paid at the rate of
two and one-half (2 ) times Direct Technical Salary Expense for
those services rendered in such incomplete PHASE -provided thatthe
PRINCIPAL is not in default under the terms of this Agreement.,, in
CITY the PRINCIPALagreater amount
however,' the termination
no case however, will the .pay
for his incomplete PHASE than would have been paid had the'
n made at the
this PHASE.
termina-
completion
tion been
the event of termination,'all documents, plans, etc.
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 X
SECTION IX - PRINCIPALS 'S'SPECIALIST
`
The PRINCIPAL proposes to have the following specialist,
his organization to perform the services indicated:
as
set
within
each
* 79-297
A. Architectural
B` ▪ Structural
▪ Civil
• Mechanical
▪ Electrical
• " Air Conditioning
Landscaping
Seating and Sight Lines
The PRINCIPAL proposes to have the following specialists a
his sub -consultants to perform the services indicated:."
I. Theater Consultant
J. Acoustical Consultant,
The PRINCIPAL will be responsible for all the WORK of his
consultants or associates.
contained
own
Nothing
organization and of his
in this Agreement shall create any contractualrelation between" any of
the specialist working for the PRINCIPAL and the CITY.
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 - 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
shall not be used by the PRINCIPAL without written consent.. of the CITY.
It is further understood by and between the, parties that.any
s, tracings, plans,
information, maps, `contract ;documents, :report
drawings, specifications, books or any other
shall be
the PROJECT
matter whatsoever which
•
this Agreement shall
is given by the CITY to the PRINCIPAL pursuant to
at all times remain the property of the CITY and shall, not be
by the PRINCIPAL for any other purpose whatsoever without the
consent of the CITY.
It is further understood that no press releasesor publicityis
to be issued by the PRINCIPAL without prior submittal to the CITY'
and' written
SECTION XI
used,
written
approval from the CITY
- AWARD OF AGREEMENT
RINCIPAL warrants that he has not employed or retained any
The PRI
or persons to solicit or secure this Agreement that he h
17 7 9 - 297
Agreement, or sublet, assign or transfer any part of the WORK under
the written consent of the CITY.
shall
legal
be binding upon the parties hereto, their heirs
representative, successors and; assigns.
SECTION XIV TRUTH
IN NEGOTIATIONS'',
executors,
The PRINCIPAL hereby certifies that wage rates and other factual
unit costs supporting the compensation are accurate,
at the time of contracting and"that the,
and any additions thereto shall, be adjusted to exclude any
current
not employed or retained any company or persons to solicitor 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, knowledge
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
has been at
the services of -any professional or technical person who.
any time during the period of this Agreement in the employ, of the CITY.
This does not apply to retired employees of the CITY.
The PRINCIPAL is aware of the conflict of interest laws
the City of Miami and Dade County, Florida, and agrees that
fully comply in all respects with the terms of said laws.
SECTION.XII -. EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement
between the CITY and the PRINCIPAL and supersedes
representations or Agreements, either written or oral. T
may be amended only by written instrument by both the CITY and the
PRINCIPAL.
SECTION XIII - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
this Agreement without
of `. both
he shall
all prior negotiations,
his Agreement
This Agreement
sum where the CITY determines the
inaccurate,
cost. Such
complete and
original contract price
significant
contract price was increased due to,
incomplete or non -current wage rate and other factual unit
adjustments must be made within one.year following the end
of the contract.
18
79-297
SECTION XV - 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 The same
shall apply for EDA requirements except that records must be,
maintained for a period of three years.
Notwithstanding any other provision of this Agreement,: in no
V herein,
event shall the payment of the LUMP SUM FEE under. SECTION
enable the PRINCIPAL to earn a profit of more than TWENTY (20%)
PERCENT of that LUMP SUM FEE. At the time the final increment of
that LUMP SUM FEE is due to be paid by the CITY to the, PRINCIPAL.
P
ursuant to the terms of SECTION V herein, the PRINCIPAL shall
submit to the CITY a certificationof his total costs incurred and
profits realized in providing the basic ,services as.
SECTION III herein. If such certification indicates profits in
excess of the maximum set forth above, the PRINCIPAL shall simulta-
neously remit any overage to the CITY. The CITY reserves
to audit the books and records of the PRINCIPAL and to adj
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 DIRECTOR
TECHNICAL SALARY EXPENSE as defined;. in SECTION II herein. The
percentage overhead pertaining.` for all of the
last twelve month period preceding the date of
outlinedin.
the right
ust the
PR1NCIPALS work in the
this -Contract -for
which data is available. All services provided
the PRINCIPAL shall be included at the actual cost paid by the
PRINCIPAL and the percentage overhead shall not apply
SECTION XVI INSURANCE AND. INDEMNIFICATION
not commence work on this Contract until
The PRINCIPAL' shall
he has obtained all insurance; required under
by subcontractors to
this paragraph and
such insuranCe has been approved by the CITY
The PRINCIPAL shall indemnify and save the . CITY harmless ` from.
any
and all claims, liability, losses and causes of action whxch
may arise out of the PRINCIPAL'S operation of
19
this. Agreement.
r 79. 2.97
The PRINCIPAL shall pay all claims and losses
whatsoever in connection therewith and shall defend
the name of the CITY when applicable; and shall pay all costs and.
judgements
The PRINCIPAL shall maintain during the term "
the following insurances
A. Public Liability Insurance in amounts not less than
.$100,000.00 per person and
injury a
$300,000.00 per accident for bodily
owned,' and hire: vehicle in amounts
above.
nd$s0,000.00 per accident for property damage.
Automobile Liability Insurance covering all owned, non -
as as indicated in Paragraph "A"
• Professional Liability Insurance in.aminimum amount of
$1,000.000.00 covering all liability arising out ",of'the terms of
this Agreement._
D. Employers Liability Insurance
Paragraph "A" above.
•
tions as
which may issue thereon.
in:amounts';as
E. Workman Compensation Insurance in
include those classifica-
rance;manuals, which most
of any nature
all suits, in
of this Agreement
indicated in
The insurance coverage required shall
listedin standard liability insu
nearly reflect
All insurance policies shall
to do busineSS under the
are approved according
the CITY.
The
laws of,
the statutory amounts.
the operations`of the PRINCIPAL.
be"issuedby companies authorized
•
the State of. Florida; and which
Manager?'of
to specifications of
the Property
PRINCIPAL shall furnish certificates of insurance to the
CITY prior to the commencement of; operations,
shall clearly indicate that the PRINCIPAL has
the type, amount and classification as required
d that
which certificates
obtained... insurance, in
for strict compliance
no material change or cancellation o
with this Section an
the insurance shall be effective without the thirty (30) days written
notice to the CITY.
Compliance with
the "PRINCIPAL of his
under
the foregoing requirements
liability and obligations
any portion of this Agreement.
20
shall not
relieve
under this Section or
r79-297
SECTION XVII - RIGHT OF DECISIONS
performed by the PRINCIPAL
All services shall
be
to the
satisfaction of the CONSTRUCTION, MANAGER who shall decide all
questions, difficulties and disputes of whatever nature which may
arise under or by reason of this Agreement, the prosecution and
character, quality,
services hereunder,
fulfillment of the
amount, and value thereof, and the
upon all claims, questions of fact, and
and the
CONSTRUCTION MANAGER' S decisions
disputes shall be final,.
conclusive and binding, upon the parties hereto,
Lion is clearly arbitrary or unreasonable.. In the
PRINCIPAL does not concur in the
unless
such
event
determina-
that the
judgement of the CONSTRUCTION MANAGER
PRINCIPAL
shall present his written
and the CONSTRUCTION MANAGER and
decision of the CITY MANAGER.
toanydecision made by h,im the
objec•i•ons; to the CITY MANAGER;'
the PRINCIPAL shall abide by the
•
Adjustment of compensation and contract time,because of any
n.the WORK might become necessary or be m
deeed;desirable`• a
t
changes
the
nd the
WORK progresses shall be reviewed by the PROJECT DIRECTOR a
CITY MANAGER and submitted to the CITY COMMISSION for approval.
SECTION XVIII NON-DISCRIMINATION
A. The PRINCIPAL shall not discriminate against any employee
or applicant for employment becauseof 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 national origin. Such action shall include, but not be
limited to, the following: Employment`, upgrading, demotion,.:or
transfer; recruitment or recruitment advertising;` layoff or termina-
tion; rates of pay or other forms of compensation; and selection:
for training, including apprenticheship 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
21
79- 297
s
The PRINCIPAL shall
send
tiveof.workers with which he has
or other contract or understanding
advising the
agency Personnel Officer,
representative of the contractor's
.Opportunity clause
to ;employees and applicants•for,:employment..:
places a
vailable
D. The PRINCIPALshall comply ,;with
Order No. 11246 of September 24, 1965, as
No. 11375 of October 13
relevant orders of the Secretary of Labor. This shall also apply to
the rules, regglations and relevant order as issued
required
amended
rules
thereto,
The
and shall
to _each labor Union or representa-
collective bargaining agreements
a notice, to be provided by the
labor union or worker's`
commitments under this Equal
post copies of the notice in conspicuous
1967,
all
provisions of Executive
amended by Executive -Order
and
nd ,r
of the ules, regulations
PRINCIPAL shall furnish_ all information
, regulations and order of:' the Secretary "of
reto and shall permit access to his books, records
the contracting agency and the Secretary of Labor for purposes of
to ascertain,' compliance with such rules,
by E DA
reports
and
by Executive Order No. 11246 of September 24
by Executive Order No. 11375 of October 13,,196
Labor,
by
investigation
a
d. orders.
1965, as
7 and'by the
or, pursuant
andaccounts
regulations
n the event of the PRINCIPAL'S noncompliance with the
the said
or with any of
Equal Opportunity clause of this contract
rules, -regulations or oders,,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
No. 11246 of September 24,; 1965 'as
authorized
amended by Executive Order No. 11375 of October 13, 196.7, and such
other sanctions may be imposed and remedies invoked as provided in
24, 1965, as ;amended 'by.
Executiveorder
Executive Order No. 11246 of September
11375 ofOctober 13
1967,
Executive Order No. '
or order of the Secretary of Labor, or as
G. The PRINCIPAL shall include the
VIII G in every subcontract or purchase order
or by rule,
otherwiSe provided by
provisions of ViI A
exempted
rules, regulations ororders of the Secretary
to Section 204 of Executive Order No.
amended' by Executive Order No.
unless
of
regulation
law.
through
by
Labor issued pursuant
11246 of_September 24 if,
11375 of October 13, 1967, so
22
7 9 - 297
1965, as
that such.
provisions will. be binding upon each subcontractor
PRINCIPAL shall take such action with respect to any subcontractor or
agency ` may as�a means of
purchase order as the contracting. ag
enforcing such provisions, including sanctions for noncompliance:
Provided, however that in the event the PRINCIPAL becomes involved
in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the contracting agency, the PRINCIPAL
request the CITY to enter into such litigation to protect the
may
or vendor.
direct
The
interest of the CITY.
SECTION -XIX - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed
law. of the
and enforced according
the laws, statutes'and case
State of Florida.
The herein agreement supersedes in its entirety the prior
3 February
agreements executed and dated
1977, and 8 April,1976.
IN WITNESS WHEREOF the parties hereto have, through
proper corporate officials, executed this AGREEMENT, the day and
year firstabove set forth.
Attest:
Attes
Ralph G. Ongie,;City :Clerk
�
APPROVED'AS TO CONTENT
oject:=:Dictor.:
23
their
FERENDINO, GRAFTON, ` SP'ILLIS,._ CANDELA
By
THE. CITY OF MIAMI, (a municipal
corporation of the State of 'Florida)
B
City. Manager
APPROVED AS TO FORM & CORRECTNESS
City ,.Attorney
79- 297