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January 28, 2005
Bernard Zyscovich, AEA
Zyscovich, Inc.
100 N. Biscayne Blvd, 271h Floor
Miami, FL 33132
WORK ORDER No.
JOE ARIZIOLA
City Manager
Re: WORK ORDER AUTHORIZATION: Proposal for Architectural and Engineering Services for
Little Haiti Park Cultural Component, B•30295
Dear Mr. Zyscovich:
This work order is for the provision of Architectural and Engineering Services for Little Haiti Park Cultural
Component, B-30295 hereinafter referred to as "Project", pursuant to the Professional Services
Agreement for Architectural services, dated June 24, 2002, between the City of Miami and Zyscovich, Inc.
I. Scope of Services
The scope of services are detailed in Attachment A; attached hereto and made a part hereof.
II. Time of Performance
The schedule for performance of the work is included in Attachment A. The completion date schedule
shall be adjusted to reflect the date of the written notice to proceed.
III. Compensation
The work will be performed for a fee guaranteed not to exceed the sum of $1,080,000, as further detailed
in Attachment A. The City shall not be liable for any cost, fee, or expenditure above the amounts set forth
in this section. The above quoted fee includes an allowance of $55,000 for reimbursable expenses that
comply with the requirements of the Agreement. Any eligible reimbursable expenses shall conform to the
limitations of Florida Statue § 112.061.
IV. Sub -Consultants
The below listed sub -consultants are approved to work with Consultant as specified in the governing
agreement.
V. Budget and Funding
This work will be funded though Capital Improvement Project No. 331412, from Homeland Defense
Neighborhood Improvement Bond proceeds. An estimated construction cost of $9,949,058 has been
established for this project. Additional expenses, including design, construction inspections, and project
administration bring the total budget of this project to $11,526,510.
VI. OSHA (and ADA) Compliance
The Consultant will allow City inspectors, agents or representatives the ability to monitor its compliance
with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By
performing these inspections the City, its agents, or representatives are not assuming any liability by
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444 S.W. 2nd Avenue, 8t1s Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
virtue of these laws, rules, regulations and ordinances. The Consultant shall have no recourse against the
City, its agents, or representatives from the occurrence, non-occurrence or result of such inspection(s).
Upon issuance of a notice to proceed the Consultant shall contact the Risk Management Department at
(305) 416-1800 to schedule the inspection(s).
The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and
II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations,
guidelines and standards. Additionally, Consultant shall take affirmative steps to ensure
nondiscrimination in employment of disabled persons.
VII. Documents Attached and/or Incorporated By Reference
The Work Order is deemed to incorporate by reference the terms and conditions of the set forth herein
and in the documents identified below. The undersigned will perform this work in compliance with the
provisions of those documents.
1. Attachment A — Work Order Proposal for the Project dated January 11, 2005 from Zyscovich,
Inc., including all Exhibits thereto.
2. The Professional Services Agreement for Architectural services between Zyscovich, Inc. and
the City of Miami dated June 24, 2002.
3. City of Miami Resolution No. 02-144 adopted February 14, 2002 and Resolution No.
adopted February 24, 2005.
VIII. Co- Ordination with Property Matters
The Consultant shall, at no extra cost to the City and as part of its guaranteed not to exceed fee set forth
above, consult with the City's Special Counsel, Mitchell Burnstein of the firm Weiss, Serota, Helfman and
Pastorizo located at 3107 Stirling Rd., Suite 300, Fort Lauderdale, FL 333312, and with City staff
engaged in property acquisition, including those in the Department of Economic Development, and others
identified by the City Project Manager to insure that the Design Development, and Schematic Design
Documents and all other Work is in conformity with the properties the City actually acquires for the
Project. Adjacent or nearby privately -owned properties shall not be physically accessed by the
Consultant without written consent of the owner.
1. IX. Time is of the Essence; Adherence to Critical Path the performance of the work by the
Consultant, Consultant shall perform the services described in Attachment "A" within the time
periods specified in the Project Schedule included in Attachment "A". Said time periods shall
commence from the date of the Notice to Proceed for such services.
2. Prior to beginning the performance of any of the services under this Agreement, Consultant must
receive a Notice to Proceed. Consultant must receive written approval from the City's Project
Manager or prior to beginning the performance of services in any phase of this Project. Prior to
granting approval for Consultant to proceed to a subsequent phase, the Contract Administrator
may, at his or her sole option, require that Consultant submit the itemized deliverables /
documents identified in Attachment "A" for the Contract Administrator's review and approval.
3. In the event Consultant is unable to complete the above services because of delays resulting
from untimely review by City or other governmental authorities having jurisdiction over the
Project, and such delays are not the fault of the Consultant, or because of delays which were
caused by factors outside the control of Consultant, the City may grant a reasonable extension of
time for completion of the services and shall provide the Consultant with a reasonable extension
of time, if appropriate. It shall be the responsibility of Consultant to notify County promptly in
writing whenever a delay in approval is anticipated or experienced, and to inform the City of all
facts and details related to the delay.
4. In the event the Consultant shall fail to complete the phases of services identified in Attachment
"A" on or before the applicable Time for Performance, Consultant shall pay to the City the sum of
$1,000 per day for each working day beyond the time identified below, taking into consideration
any approved time extensions thereof, until completion of the phase:
February 15, 2005
WORK ORDER PROPOSAL
Page 3
PHASE 1- SCHEMATIC DESIGN
PHASE 2- DESIGN DEVELOPMENT
PHASE 3- CONSTRUCTION DOCUMENTS
DRY/RUN PERMITTING
20 working days
20 working days
60 working days
40 working days
These amounts are not penalties but are liquidated damages to City of Miami for its inability to
proceed with, and complete, the Project in a timely manner pursuant to the agreed upon Project
Schedule. Liquidated damages are hereby fixed and agreed upon by the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by City as a
consequence of such delay, and both parties desiring to obviate any question or dispute concerning
The amount of damages and the cost and effect of the failure of the Consultant to complete the
respective phases within the applicable Time for Performance. This provision shall not affect the
rights or obligations of the party set forth in the INDEMNIFICATION sections of the PSA.
X. Compliance with Codes
Consultant shall be responsible for design, documents, and related work products that fully comply
with the applicable Building, Zoning, Electrical, Life Safety and other technical codes in effect at the
time of securing the building permit. The Consultant is advised and acknowledges that the work must
be submitted in such time to allow the City to obtain building permits on or before June 30, 2005,
otherwise Consultant shall re -design the Project and all design documents to comply with the
International Building Code at no additional cost or expense to the City, Said re -design shall be
submitted within 90 days of the effective date of the International Building Code.
Authorized by:
Joe Arriola, City Manager
Date
Accepted and Approved by:
Date Date
Mary H. Conway, Director Bernard Zyscovich, AIA, President
Capital improvements & Transportation Zyscovich, Inc.
Date Date
Witness Witness
APPROVED AS TO LEGAL FORM AND INSURANCE REQUIREMENT APPROVED:
CORRECTNESS:
Jorge L. Fernandez, City Attorney Dania F. Carrillo, Administrator, Risk Management
Internal Review
February 15, 2005
WORK ORDER PROPOSAL
Page 4
Vertical ❑ Horizontal ❑
Cary Sanchez -Rea or Fernando Paiva Cesar Gonzalez
Public Facilities ❑
Juan Ordonez
This Work Order is subject to the approval of the Miami City Commission.
MHC/JCC/DE