HomeMy WebLinkAboutSummary Form-SUB 6REVISED: Item CA-15: Work Order for Little Haiti Park
The Agenda Summary, Resolution, Work Order and Proposal have been
changed to reflect the following:
The phasing of design is changed to allow the Community Center to
proceed to construction ahead of the Black Box Theater since the latter
requires more detailed planning and specialty design
• The design costs have been reduced to a slightly lower cost of $1,067,045
. All subconsultants are identified in the work order
• The Work Order contains clauses for coordination of design with property
acquisition and "time is of the essence"
• The Consultant Work Order has been finalized & signed
All other attachments remain the same
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL BACKUP. ORIGINAL CAN BE
SEEN AT END OF THIS DOCUMENT.
AGENDA ITEM SUMMARY FORM
FILE ID:
Date: 1/27/2005
Commission Meeting Date: 2/24/2005
Requesting Department: Capital Impvmts & Transport
District Impacted: all (3)
Type: Z Resolution D Ordinance E] Emergency Ordinance 0 Discussion Item
Li Other
Subject: Professional services Work Order for Zyscovich, Inc. for the project entitled "Little Haiti Park
Cultural Component, B-30295"
Purpose of Item:
To authorize the City Manager to execute and issue a Work Order for the comprehensive design of the
Little Haiti Park Recreational Component (B-30295) to Zyscovich, Inc. as the lead consultant in an
amount not to exceeed $1,067,045, with funds allocated from CIP No. 331412 entitled "Little Haiti
Park Land Acquisition and Development."
Background Information:
The City has established a capital improvement project under the Homeland Defense - Neighborhood
Improvement Bond program to design and construct a cultural center in Little Haiti Park, located at
the intersection of N.E. 2'd Avenue and N.E. 59th Street, Miami. In December of 2004, the City
determined that this Project is best implemented using a Construction Management -at -Risk approach,
with Pirtle Construction, Inc. serving as the contractor and Zyscovich, Inc. ("ZYSCOVICH") as the
lead consultant of the design team; pursuant to Resolution No. 04-0786.
The City previously entered into an agreement with ZYSCOVICH dated June 24, 2002, pursuant to
Resolution No. 02-144 adopted on February 14, 2002. Under that agreement, ZYSCOVICH provides
the City with professional design services in the field of architecture on an as needed basis for three
years, with the option on the part of the City to extend the agreement for an additional year delegated
to the City Manager.
As a result of the foregoing, ZYSCOVICH has submitted a proposal for a Work Order Authorization
("Work Order") to the City to provide the comprehensive design services for the Project, at a cost not
to exceed $1,067,045, which has been reviewed and accepted by the Department of Capital
Improvements and Transportation.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: 331412
YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost: $11,526,510.00
Page 1 of 2
Maintenance Cost: $0.00
Total Fiscal Impact: $11,526,510.00
Final Approvals
(SIGN AND DATE)
CIP Budget
If using or rem rng capital funds
Grants Disk Management
Purchasing pt. Director
Chief ity Manager
477
Page 2 of 2
City of Miami
Master Report
Resolution R-04-0786
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
File ID #: 04-01321 Enactment Date: 12/9/04
Version: 2
Controlling Office of the Clerk Status: Passed
Body:
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY
OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
SECTIONS 18-86 AND 18-87 AND UNDER FLORIDA STATUTES 255.20 AND 287.055, APPROVING
THE SELECTION OF THE ARCHITECT/ENGINEER AND/OR CONTRACTOR AS STATED HEREIN,
RELATING TO CERTAIN PROJECTS FUNDED FROM THE HOMELAND DEFENSE NEIGHBORHOOD
IMPROVEMENT BOND PROCEEDS, SPECIFICALLY, GRAPELAND HEIGHTS PARK WATER THEME
PARK (B-35828), GRAPELAND HEIGHTS PARK COMMUNITY RECREATION FACILITY AND
PARKING (B-30105), GRAPELAND HEIGHTS PARK FIELDS AND SITE DEVELOPMENT (B-60496),
JOSE MARTI PARK GYMNASIUM (B-35857), LITTLE HAITI PARK CULTURAL CAMPUS (B-30295)
AND LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES (B-38500); AUTHORIZING
TI-IE CITY MANAGER TO NEGOTIATE AGREEMENTS BETWEEN THE CITY AND THE FIRMS
NAMED HEREIN TO PROVIDE THE REQUIRED DESIGN (ARCHITECTURE AND ENGINEERING),
DESIGN -BUILD, AND/OR CONSTRUCTION MANAGEMENT -AT -RISK SERVICES, FOR THE
PROJECTS DEFINED HEREIN, AS APPLICABLE PER PROJECT, AND PRESENT SAID AGREEMENTS
TO THE CITY COMMISSION FOR REVIEW AND APPROVAL AT A FUTURE DATE.
Reference: Introduced: 11/16/04
Name: Grapeland, Little Haiti & Jose Marti Park
Requester:
Notes:
Cost: Final Action: 12/9/04
Sections:
Indexes:
Attachments: 04-01321-worksheet.pdf, 04-01321-budgetary impact.pdf, 04-01321-zyscovich letters.pdf,
04-01321-memo.pdf, 04-01321-notice of public hearing.pdf, 04-01321-resolution.pdf, 04-01321-exhibit.pdf
Action History
Ver. Acting Body
Date Action
Sent To
Due Date Returned Result
City of Miami
Page 1 Printed on 1/28/2005
2 Law Department
12/8/04 Review Pending
2 City Commission 12/9/04 ADOPTED
A motion was made by Johnny L. Winton, seconded by Angel Gonzalez, that this matter be ADOPTED. Chairman
Sanchez: PH.4 is a public hearing.
Commissioner Winton: So moved.
Vice Chairman Gonzalez: Second.
Chairman Sanchez: All right. There is a motion and a second.
Vice Chairman Gonzalez: Is this an emergency?
Unidentified Speaker: Yes.
Commissioner Allen: Yes, it is.
Vice Chairman Gonzalez: Yeah.
Commissioner Allen: It requires a four -fifth.
Chairman Sanchez: OK. My only --
Commissioner Winton: And we're out of (UNINTELLIGIBLE).
Chairman Sanchez: -- concern, once again, this went through --
Vice Chairman Gonzalez: Require four -fifth.
Chairman Sanchez: -- the Legal Department, and you're OK with it, Mr. City Attorney?
Jorge L. Fernandez (City Attorney): Yes, certainly we are.
Chairman Sanchez: All right. There's a motion and a second. Its a public hearing. Anyone from the public wishing
to address this item, please step forward. Seeing none, hearing none, the public hearing is closed. It's a resolution.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The motion carried by
the following vote:
Aye: 4 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez and Jeffery L. Allen
Absent: 1 - Tomas Regalado
2 Mayor's Office
2 Office of the Clerk
2 Law Department
12/11/04 Signed by the Mayor Office of the Clerk
12/22/04 Signed and Attested by
City Clerk
1/21/05 Reviewed and
Approved
City of Miami
Page 2 Printed on 1/28/2005
City of Miami
Resolution R-04-0786
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RELATING TO CERTAIN PROJECTS FUNDED
FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS,
SPECIFICALLY, GRAPELAND HEIGHTS PARK WATER THEME PARK (B-35828),
GRAPELAND HEIGHTS PARK COMMUNITY RECREATION FACILITY AND PARKING (B-
30105), GRAPELAND HEIGHTS PARK FIELDS & SITE DEVELOPMENT (B-60496); JOSE
MARTI PARK GYMNASIUM (B-35857), LITTLE HAITI PARK CULTURAL CAMPUS (B-30295)
AND LITTLE HAITI PARK SOCCER AND RECREATIONAL FACILITIES (B-38500),
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO WAIVE THE
REQUIREMENTS FOR COMPETITIVE PROCUREMENT PROCEDURES, PROVIDED IN THE
CODE OF THE CITY OF MIAMI CODE SECTIONS 18-86 AND 18-87 AND UNDER FLORIDA
STATUTES 255.20 AND 287.055, FOR THE SELECTION OF THE ARCHITECT/ENGINEER
AND/OR CONTRACTOR FOR THE PROJECTS DEFINED HEREIN; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AGREEMENTS BETWEEN THE CITY OF MIAMI AND THE
FIRMS NAMED HEREIN TO PROVIDE THE REQUIRED DESIGN (ARCHITECTURE AND
ENGINEERING), DESIGN -BUILD, AND/OR CONSTRUCTION MANAGEMENT -AT -RISK
SERVICES, AS APPLICABLE PER PROJECT, AND PRESENT SAID CONTRACTS TO THE
CITY COMMISSION FOR REVIEW AND APPROVAL AT A LATER DATE.
WHEREAS, on August 8, 2002 the CITY, with the prior approval of the voters, issued
Limited Ad Valorem Tax Bonds, Series 2002, known as the Homeland Defense Neighborhood
Improvement Bonds ("Bonds"), in the aggregate principle amount of $153,186,405.85 as tax-
exempt bonds, for the purpose of funding capital improvement projects identified pursuant to
Ordinance No, 12137 adopted October 11, 2001; and
WHEREAS, projects to be implemented with the included several sizeable projects for
improvements at Grapeland Heights Park and Jose Marti Park, and the creation of a new, state-
of—the-art park within the Little Haiti community; and
WHEREAS, these projects have been further refined, scoped and subsequently
programmed into the City's Capital Improvement Program and Multi -Year Plan as: Grapeland
Heights Park Water Theme Park (B-35828), Grapeland Heights Park Community Recreation
Facility and Parking (B-30105), Grapeland Heights Park Fields & Site Development (B-60496),
Jose Marti Park Gymnasium (B-35857), Little Haiti Park Cultural Campus (B-30295), and Little
Haiti Park Soccer And Recreational Facilities (B-38500); and
WHEREAS, the total present commitment of Bond proceeds to these projects is
$33,879,655, representing over 21 % of the Bonds issued, and the combined estimated cost of
1
these projects is approximately $58 million based on a total build out of the desired project
scope, with funds anticipated from other City and outside sources; and
WHEREAS, there have been lengthy delays in implementing the projects funded from
Bond Proceeds, which delays preclude the City's ability to issue subsequent bonds for other
City needs, including the balance of projects intended under the Bond Program; and
WHEREAS, the Administration has determined that the most expeditious methods to
implement these projects are as either Design -Build projects, governed by Section 18-87 of the
City Code and Section 287.055 of Florida Statutes, known as the Consultants Competitive
Negotiations Act ("CCNA), or as Construction Management -at -Risk projects, governed by
Section 18-86 of the City Code; and
WHEREAS, these delivery methods combine design and construction teams to
compress project schedules over traditional design — bid — build scenarios to a 1 — 3 year time
frame, improve project integrity, and reduce costs, particularly addressing or eliminating change
orders and cost overruns; and
WHEREAS, procurement procedures normally utilized to secure these methods also
require significant time, from six (6) months to one (1) year, to complete, thereby compounding
the delay, further hampering the City's bonding capacity and the delivery of these projects for
the benefit of the community; and
WHEREAS, the Administration has determined that the most expeditious method of
implementing the Grapeland Heights Park projects (B-35828, B-30105 and B-60496), and the
Little Haiti Park Soccer and Recreational Facilities project (B-38500) is to use the Design -Build
method; and
WHEREAS, the Administration recommends that Recreation Design Consultants serve
as the prime consultant/contractor for the Grapeland Heights Park projects (B-35828, B-30105,
and B-60496) with the design firm of Carzo Castella Caballo Thompson Salman (C3TS) as the
subconsultant/engineer; and
WHEREAS, the Administration recommends that Recreation Design Consultants serve
as the prime consultant/contractor for the Little Haiti Park Soccer and Recreational Facilities (B-
38500) with the design firm of Zyscovich Architects as the subconsultant/architect; and
WHEREAS, the Administration has determined that the most expeditious method of
implementing the Jose Marti Park Gymnasium (B-35857) and Little Haiti Park Cultural Campus
(B-30295) projects is to use the Construction Management -at -Risk method, and
WHEREAS, the Administration recommends that Pirtle Construction Company, Inc.
serve as the contractor, Construction Manager at Risk, for the Jose Marti Park Gymnasium
project (B-35857) and that the design firm of Zyscovich Architects serve as the architect for the
project under a previously existing agreement dated June 24, 2002 subject to the additional
approval of the City Commission requested herein; and
WHEREAS, the Administration recommends that Pirtle Construction Company, Inc.
serve as the contractor, Construction Manager at Risk, for the Little Haiti Park Cultural Campus
(B-30295) project and that the design firm of Zyscovich Architects continue as the architect for
the project as approved by Resolution No. 04-0151 adopted March 11, 2004 under its
previously existing agreement dated June 24, 2002; and
WHEREAS, the Administration has investigated and identified the aforementioned firms
as having excellent qualifications uniquely geared to the projects for which they are
recommended, substantial records of experience in projects of like size and complexity, and are
appropriately licensed; and
2
WHEREAS, the City Manager recommends that he be authorized to negotiate
appropriate contract terms, conditions and compensation with each Design -Build and
Construction Management -at -Risk service provider and return to the City Commission for review
and approval of each contract at a later date; and
WHEREAS, presently, funds for the Projects are available under the Capital
Improvement Program as follows: Grapeland Heights Park Water Theme Park (B-35828) -
$7,000,000, Grapeland Heights Park Community Recreation Facility and Parking (B-30105) -
$5,000,000, Grapeland Heights Park Fields & Site Development (B-60496) - $ 4,00,000, Jose
Marti Park Gymnasium (B-35857) - $5,000,000, Little Haiti Park Cultural Campus (B-30295) -
$6,889,655, and Little Haiti Park Soccer and Recreational Facilities (B-38500) - $6,000,000; and
WHEREAS, the City Manager has made a written finding of a valid public emergency
attached hereto and incorporated by reference to the effect that, among other things, further
delays required for the competitive procurement and award of contracts for these projects
jeopardizes the City's bonding capacity and creates an undue hardship on the public welfare,
thus it is in the best interest of the public and appropriately justified to waive the requirements
for competitive procurement procedures of the City of Miami Code Chapter 18 (The
Procurement Ordinance) and Florida Statutes 255.20 (entitled "Local Bids and Contracts for
Public Construction Works") and 287.055 (known as the "Consultants Competitive Negotiations
Act" or "CCNA") for the selection of the architect/engineers and/or contractors for these
Projects; and
WHEREAS, said finding of the City Manager has been duly considered and adopted by
the City Commission; and
WHEREAS, as stipulated in 255.20, Florida Statute, the architect/engineer of record,
Zyscovich Architects, has provided written recommendation, attached hereto and incorporated
by reference, that the Construction Management -at -Risk projects, Jose Marti Park Gymnasium
project (B-35857) and Little Haiti Park Cultural Campus (B-30295) be awarded without
competitive selection to the above -referenced firm, and this recommendation has been duly
considered by the City Commission in relation to the action requested; and
WHEREAS, this matter is being considered at a duly advertised public meeting and the
City Commission having considered Florida Statute 255.20 and 287.055 (Consultant's
Competitive Negotiation Act: "CCNA"), 18-89 (Public Works and Contracts) and 18-90
(Emergency Procurements) of the Code of the City of Miami, which are each deemed as being
incorporated by reference herein as though set forth in full, and which sets forth the criteria for
the aforementioned waiver of competitive processes; and
WHEREAS, Florida Statute 255.20 allows the City to use any contract arrangement with
a private sector contractor to award contracts for public construction work that is allowed by
municipal ordinance; and
WHEREAS, the procedures required by 287.055, Florida Statutes ("CCNA'') may be
waived if there is a finding of a valid public emergency certified by the agency head; and
WHEREAS, the City of Miami is complying with the aforementioned laws and
procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Commission ratifies, approves and
confirms the City Manager's finding of a valid public emergency; said finding to the effect that it
is in the best interest of the public and justified to waive competitive procurement procedures
governed by 287.55, Florida Statutes, and Chapter 18 of the Code of the City of Miami, Florida,
and select, outside of said competitive procurement processes, the professional design or
design -build firms for the specified projects funded from Homeland Defense Neighborhood
Improvement Bond proceeds as follows: for the Jose Marti Park Gymnasium project (B-35857),
the design firm of Zyscovich Architects is selected to serve as the architect for the project under
a previously existing agreement dated June 24, 2002; for the Grapeland Heights Park projects
(B-35828, B-30105 and B-60496), Recreation Design Consultants will serve as the prime
consultant/contractor for Design -Build services, with the design firm of Carzo CasteIla Caballo
Thompson Salman (C3TS) as the subconsultant/engineer; and for the Little Haiti Park Soccer
and Recreational Facilities (B-38500), Recreation Design Consultants will serve as the prime
consultant/contractor for Design -Build services with the design firm of Zyscovich Architects as
the subconsultant/architect.
Section 3. By a four -fifths (4/5ths) affirmative vote, the City Commission ratifies, approves,
confirms and adopts as its own, the City Manager's finding of a valid public emergency with
regard to the selection of certain firms to provide Construction Management -at -Risk services,
said finding to the effect that the time required for the competitive procurement and award of
contracts for said projects jeopardizes the City's bonding capacity and creates an undue
hardship on the public welfare, thus it is in the best interest of the public to waive competitive
procurement procedures prescribed in City Code Chapter 18 and in 255.20, Florida Statute, and
select pursuant to City Code Section 18-90 "Emergency Procurement", the construction firms
listed below for the specified projects funded from Homeland Defense Neighborhood
Improvement Bond proceeds, having determined that said firms are appropriately certified
licensed and certified contractors, and are uniquely qualified to undertake and perform the
required work on behalf of the City, as follows: for the Jose Marti Park Gymnasium project (B-
35857), Pirtle Construction Company, Inc. is selected to serve as the contractor, Construction
Manager at Risk, and for the Little Haiti Park Cultural Campus (B-30295), Pirtle Construction
Company, Inc. is selected to serve as the contractor, Construction Manager at Risk.
Section 4. The City Manager is authorized to negotiate Agreements, in a form acceptable to the
City Attorney, for each project with the respective firm listed below for the provision of the
required design (architectural and engineering) services, design -build services, and/or
construction management -at -risk services, and to return to the City Commission for review and
approval of said Agreements at a later date.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2)
4
..Footnote
(1) The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, /t shall become effective
immediately upon override of the veto by the City Commission.
5
ITEM CA-15 - REVISED
...TITLE
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ISSUE A WORK ORDER
("WORK ORDER"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND ZYSCOVICH, INC. FOR PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES FOR THE COMPREHENSIVE DESIGN OF THE
"LITTLE HAITI PARK CULTURAL COMPONENT, JOB NUMBER B-30295" IN AN
AMOUNT NOT TO EXCEED $1,067,045, ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NUMBER 331412 ENTITLED "LITTLE HAITI PARK LAND
ACQUISITION AND DEVELOPMENT".
... BODY
WHEREAS, the City of Miami (City) has established a capital improvement
project to design and construct a cultural center in Little Haiti Park, located at the
intersection of N.E. 2nd Avenue and N.E. 59th Street, Miami, and;
WHEREAS, said project has been incorporated into the City's Capital
Improvement Program and Multiyear Plan as Project No. B-30295, entitled "Little Haiti
Park Cultural Component"; and
WHEREAS, pursuant to Resolution No. 04-0786 adopted December 9, 2004, the
City has determined that this Project is best implemented using a Construction
Management -at -Risk approach, with Pirtle Construction, Inc. serving as the contractor
and Zyscovich, Inc. ("ZYSCOVICH") as the lead consultant of the design team; and
WHEREAS, the City entered into an agreement with ZYSCOVICH, dated June
24, 2002 pursuant to Resolution No. 02-144 adopted on February 14, 2002, to provide
the City with professional design services in the field of architecture, on an as needed
basis for three years, with the option on the part of the City to extend the agreement for
an additional year delegated to the City Manager; and
WHEREAS, as a result of the foregoing, ZYSCOVICH has submitted a proposal
for a Work Order Authorization ("Work Order") to the City to provide the comprehensive
design services for the Project, at a cost not to exceed $1,102,045, which has been
reviewed and accepted by the Department of Capital Improvements and
Transportation; and
WHEREAS, the project will consist of a cultural arts building (black box theater),
a community center, courtyard, amenities and related sitework; and
WHEREAS, funds in the required amount are available from Capital
Improvement project No. 331412 entitled "Little Haiti Park Land Acquisition and
Development;"
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings found in the preamble of this resolution are
adopted by reference and incorporated as if fully set forth in this section.
Section 2. The City Manager or designee is authorize& to execute a Work
Order Authorization ("Work Order"), in substantially the attached form, between the City
of Miami and Zyscovich, Inc. for comprehensive design services for the project entitled
"Little Haiti Park Cultural Component, Project B-30295 in an amount not to exceed
$1,067,045 allocating funds therefore from Capital Improvements Project Number
331412 entitled "Little Haiti Land Acquisition and Development."
Section 3. This resolution shall become effective immediately upon its
adoption and signature of the Mayor.
PASSED AND ADOPTED THIS day of , 2005.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A.THOMPSON, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..FOOTNOTE
If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the
date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon
override of the veto by the City Commission.
-�Q11"t-tv ������
1ocAnn|ou\
City Manager
Date:
Bernard Zyscovich,AIA
Zyaoovkch. Inc.
1OON.Biscayne B|vd..27mFloor
Miami, FL33132
Re: WORK ORDER AUTHORIZATION: Architectural and Engineering Services for Little Haiti
Park Cultural Component, B-30295
Dear Mr. :
This work order is for the provision of Architectural and Engineering Services for Little Haiti Pork 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.
|. Scope of Services
The scope of services are detailed in Attachment A, the proposal, attached hereto and mode a pad
hereof.
U. Time of Performance
The schedule for performance of the work is included in Attachment A. The completion doba schedule
shall be adjusted to reflect the date of the written notice to proceed.
U|. Compensation
The work will beperformed for afee guaranteed not hoexceed the sum cf $1.O87.O45.asfurther detailed
inAttachment 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$8O.O0O for additional services and
reimbursable expenses that comply with the requirements of the Agreement. Any eligible reimbursable
expenses shall conform to the limitations of Florida Statue G 112.061.
0( Sub -Consultants
The below listed sub -consultants are approved hnwork with Consultant as specified in the governing
agreement.
V. Budqmtand Fundinq
This work will be funded though Capital Improvement Project No. 331412. from Homeland Oehsnoa
Neighborhood Improvement Bond proceeds. An aedmabad construction cost of$9.84S.US8 has been
established for this project. Additional expenoam, including deoign, construction inapections, and project
administration bring the total budget nfthis project to $11.526.510.
V1. OSHA (and A0A)Comnpliance
The Consultant will allow City inopeotoro, agents orrepresentatives the ability to monitor its compliance
with safety precautions as required by federal, ahyba or local |aws, ru|eo, regulations and ordinances. By
performing these inspections the City, its agents, or representatives are not assuming any liability by
virtue of these |owo, ru|ea, regulations and ordinances. The Consultant shall have no recourse against the
DEPARTMENT 0pCAPITAL IMPROVEMENTS
**^s.vv.zndAvenue, mhFloor / Miami, pL»3lsn/(3os)4lo'omo/Fax: (3n»)*l6-21xa
WORK ORDER PROPOSAL
Little Haiti Park Cultural Component B'3O2B5
Page
City, its ogents, or representatives from the ocourrenoe, non-occurrence or result ofsuch insoeoUon(s).
Upon issuance of notice to proceed the Consultant shall contact the Risk Management Department at
The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act (^ADA^) in the course of providing any work, labor orservices funded by the City including Titles | and
/| of the AOA (regarding nondiscrimination on the basis of disability) and all applicable nagu|ebono.
guidelines and standards. Additionally, Consultant shall take affirmative steps to ensure nondiscrimination
inemployment ofdisabled persons.
VUL Documents Attached and/or Incorporated BVRmfmnmnow
The Work Under is deemed to incorporate by reference the banns and conditions of 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 dabsdJanuary11.2OO5hnmZyecovich.
Inc., including all Exhibits thereto.
2. The Professional Services Agreement for Architectural services between Zyscovich, Inc. and
the City ofMiami dated June 24.2OD2 .
3. City of Miami Resolution No. 02-144 adopted February 14, 2002 and Resolution No.
adopted February 24.2O05
VU|. Coordination wfPnmpmrtvMatters
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 Cib/'s Special Counsel, Mitchell Burnahoin of the firm Weiss, Senoba. He|hnon and
Poebohzo located at 3107 Stirling Rd., Suite 300. Fort Loudanda/a, FL 333312, and with City staff
engaged in property acquisition, including those in the Department of Economic Development, and others
identified by the Qh/ 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 ehe|| not be physically 000asaed by the
Consultant without written consent ofthe owner.
[X. Time is of the Essence
Time is of the essence in the performance of the work by the Consultant. Consultant shall pedbnn 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.
Authorized by: Accepted and Approved by:
Date Date
JoeAniq|e. City Manager Bernard Zyscovich, AK\ President
Zyscov/nn./no.
WORK ORDER PROPOSAL
Little Haiti Park Cultural Component B-3O285
Page
Date Date
Priscilla Thompson, City Clerk Witness
APPROVED A8TOLEGAL FORM AND INSURANCE REQUIREMENT APPROVED:
Jorge L. Fernandaz, City Attorney Dania F. CorU|o, Adminimtrator, Risk Management
Internal Review
Vertical 171 Horizontal []
Cary Sanchez -Rea or Fernando Paiva Cesar Gonzalez
Public Facilities M
JuanOrdonaz
Mar. 4. 2000 12:55AM
No.0521 P. 2/7
January 11, 2005 - Revised
Cary Sanchez -Rea, Program Director
URS Corporation for
City of Miami
Capital Improvements Department
444 SW 2'd Avenue — 10th Floor
Miami, FL 33130
Zyscovich
Re: WORK ORDER PROPOSAL for Architectural Services: Little Haiti Cultural Center,
B-30295
Dear Ms. Sanchez -Rea:
Zyscovich, Inc. proposes to provide the services identified below for the project entitled 'Little
Haiti Cultural Center" pursuant to its Professional Service Agreement with the City of Miami for
Architectural services, dated June 24, 2002.
I. GENERAL
Zyscovich, Inc. and their consultants will provide Architectural/Engineering design services for
an 18,275 square feet Cultural Arts building with black box theater, a 12,000 square feet
Community Center, a Plaza, and (3) three parking parcels with a total of 150 parking spaces
with related site work, referred to as the "Project".
II. SCOPE OF WORK
The scope of work shall include all phases of AE services (schematic design, design
development, construction documents, bidding and negotiation, and construction administration)
to construct the buildings and site work described above. Design work will begin on the Black
Box theater first followed by design work for the community center approximately six months
later. An 18 month construction period is anticipated for the entire project.
III. SCHEDULE OF WORK TIME OF PERFORMANCE
Consultant shall submit the Deliverables and perform the Work as depicted in the tables below.
100 N Biscayne Blvd
27th Floor
Mitml, FL 33/92
vole* 305 372 5222
fax un 577 4521
0 moil mailanyscovich.corn
web www.xy$covich.corn
LIc.4 AA C001a31
Mar. 4. 2000 12:56AM
WORK ORDER PROPOSAL
Page 2
No.0521 P. 3/7
SCH DEP DELIVERABLES
Sheetor
ID
Number
Drawing Name or Deliverable
T Hours
Or Anticipated
Delivery Date
Schematic Design submittal for Cultural Campus (both buildings)
02/28/05
Foundation Permit submittat for Community Center
05/09/05
100% CO Permit submittai for Community Center
08/01/05
Shell Permit submitta for I ck Box Theater
07 8/05
100%CD Permrtsubmittalfor Black Box Thee e11/14/05
SeHEDULE OF WORK
Task or
Act!v!ty
ID #
Task Name and/or Activity Description
ration
oily weeks.
c,aI�ridr or
work1tg days)
ProjecW4
Sart Date
Projected
Finish Date'
Schematic Design for Community Center
02101105
02128/06
Schematic Design for E3Iack E3ox
02/01/05
02/28/06
De • n Developmentfor Cornrnunity Center0
0703/28/05
e ign Development for I ck Box
03/07/05
5/02 05
CD's for Community Center
Foundation PermitPackage
04/04/05
05/27/05
100% CD Permit Package
05/27/05
08/01/05
GMP Negotiation
05/27/05
06/30/05
CD's for B a k Box
Sheti PermitPackage
0 0 0
08/22/05
100% CD Permit Package
08/22/0511114/05
Construction Administration
06/30/05
04/18/07
The above schedule assumes a Written Notice to Proceed will
sued by City on Feb. 24 , 2005.
IV. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Lump Sum fee of nine hundred
seventy seven thousand forty five dollars and zero cents ($977,045.00) Said fee does not
include the combined allowance for Additional Services and Reimbursable Expenses required in
connection with the Work, which shall be established in an amount not to exceed $90,000. Said
Additional Services and Reimbursable Expenses are outlined below and consist of:
programming phase; permit expediting; threshold inspections; reimbursable expenses for the
owner; and reproduction. Said Reimbursable Expenses shall be utilized in accordance with the
Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061.
Additional services will be performed based on the hourly rates listed in Exhibit D included in our
January 11, 2005-Revised proposal.
Mar. 4. 2000 12:56AM
WORK ORDER PROPOSAL
Page 3
No.0521 4/7
SCHEDULE OF COMPENSATION
Task or
Activity
ID a
Task Name and/or Activity Description
Fee Amount
Fee Basis
Schematic Design for Community Center
$35,180.00
Lump Sum
Schematic Design for Black Box
$110,400.00
Design Development for Community Center
$73,280.00
Design Development for Black Box
$219,835.00
CD's for Community Center
$85,980.00
CD's for Black Box
$256,970.00
GMP Negotiation Phase
$48,850.00
Construction Administration
$146,550.00
Subtota
$977 045.00
Allowance for Additional Services and Reimbursable Expenses
Programming
7,000.00
Not to Exceed
Permit Expediting
$12,000.00
Not to Exceed
Threshold Inspections
$16,000.00
Not to Exceed
Reimbursable Expenses as agent for owner
$30, 000.00
Allowance
Allowance for Reimbursable Expenses
$25,000.00
Not to Exceed
Subtotal
590,000.00
TOTAL
$1,067,045.00
"Distnbution assumes monthly
Submitted by:
Prepared by: mph
g based on Vo complete of each phase.
Mar. 4. 2000 1215EAM
WORK ORDER PROPOSAL
Page 4
EXHIBITS TO CONSULTANT WORK ORDER PROPOSAL
Exhibit A Fee Schedule
No.0521 P. 5/7
SCHEDULE OF COMPENSATIO
Task or
Activity
ID #
Task Name r Activfty DecriptiorFee
.
Sthematic Design for Communfty Center
$,180.00
Lump Sum
Schematice • n for Black Box
$110,400.00
Design Development for Community CenterCer,ter
$73,280.00
Design Development for Black Box
$219,835.00
CD's for CommunityCommumty Genter
$85,980.00
CD's for Black Box
$256,970.00
GMP Negotiation Phase
$48,650.00
Construction Admin ion
$146,550.00
•
Subtotal$977,045.00
Aliowance for Addition e e and RembursabIe Ex nse
Proqramrning
7,000.00
Not eed
Perrnit Expodfting
$12,000.00
Not Exced
Thresho/d Inspections
$16,000.00
Not o Exceed
Reimbursabfe Expenses s agent for ner
$30, 000.00
Aiowance
Allowanceel bur b Expenses25,
000.00
Not to Exceed
Subtotal
0,000.
TOTAL
$ , 67,045.00
Exhibit B Project Drawings and/or Deliverables
Sheet or
ID
Number
Drawing Name or Deliverable
Total Hours
Or Anticipated
Delivery Date
Foundation Permit submittal for Community Center
05/09/05
100% CD Permit submittal for Community Center
08/01/05
Shell Permit submittal for Black Box Theater
07/18/05
100%CD Permit submittal for Black Box Theater11/14/05
Exhibit C Project Schedule
Task or
Activity
ID #
Task Name and/or Activity Description
Duration
(specify weeka,
cm/am:far or
working ors)
Projected
Start Dare
Projected
Finish
Deter"'
Community buildings and parking lots
01/31/05
12/30/05
Black box theater
01/31/05
0(3130/07
Finish dates reflect estimated completion date of construction administration phase plus
approximately 2 months for close-out, if required.
Mar, 4. 2000 12:56AM
WORK ORDER PROPOSAL
Page 5
Exhibit D Breakdown of Work Effort by Consultant (Prime)
No.0521 P. 6/7
StafffCategory
# Hours
ouriy Rate
Totat
1
Principal
500
$ 150.00
$75,000.00
2
Senior Designer
798
$ 10 00
-
$87 780 00
, •
3
Project Manager
1200
...
$ 110.00
$132,000,00
4
Architect
1100
$ 77.50
$ 85,250.00
5
Field Representative
950
$ 95.00
$ 90,250.00
6
Draftsperson
2046
$ 65.00
$132,990.00
7
Clerical
800
$ 42.50
$ 34,000,00
$637,270.00
Exhibit E Breakdown of Work Effort by Sub -Consultant
Staff/Category
# Hours
Hourly Rate
Total
Donnell, DuQuesne, and Albaisa (Structural :
1
Principal
200
$125.00
$25,000.00
2
Engineer
380
$85.00
$32,300.00
3
Drafts erson
720
$60.00
$43,200.00
4
Clerical
162.5
$40.00
$6,500.00
$107,000.00
Exhibit E Breakdown of Work Effort by Sub -Consultant
Staff/Category
# Hours
Hourly Rate
Total
Gartek (MEP):
1
Principal Engineer
102
$130.00
$13,26 . 0
2
Fire Protection Engineer
57
$100.00
$5,700.00
3
Plumbing Engineer
82
$100.00
$8,200,00
4
HVAC Engineer
224
$100.00
$22,400.00
5
Electrical Engineer
244
$100.00
$24,400.00
6
CAD technician
424
$00.00
$25,440.00
7
Clerical
74
$40.00
$2,960.00
$102,360.00
Exhibit E Breakdown of Work Effort by Sub -Consultant
Staff/Category
# Hours
Hourly Rate
Total
Coastal Systems International (Civil):
1
Project Engineer
110
$105.00
$11,550,00
2
Junior Engineer
166
$96.00
$15,770.00
3
CADD Engineer
240
$65.00
$15,600.00
4
Clerical
60
$45.00
$2,700.00
$45,620.00
Mar. 4. 2000 12:57AM
WORK ORDER PROPOSAL
Page 6
Exhibit E Breakdown of Work Effort by Sub -Consultant
No.0521 P. 7/7
Staff/Category
*Hours
Hourfy Rate
Total
Curtis & Rogers (landscape h e :
1
Principal
100
$135.00
$13,500.00
2
Project Landscape Architect
176
' $85.00
$14,960.00
$ ,840.00
3
Landscape Architect Intern
136
$65.00
$37,300.00
Exhibit E Breakdown of Work Effort by Sub -Consultant
StaffiCateory
# Hours
Hourly Rate
Total
Fisher Dachs Associates (theater programmer):
1
Principal
36
$125.00
$4,500.00
2
Project Manager
56
$85.00
$4,760.00
3
Clerical
8
$30.00
$240.00
$9,500.00
Exhibit E Breakdown of Work Effort by Sub -Consultant
Staff/Category
# Hours
Hourly Rate
Total
TSG Design Solutions (theater d
i n
:
1
Principal
90
$125.00
$11,250.00
2
Designer
125
$85.00
$10,625.00
3
Drafting
248
$65.00
$16,120.00
L $37,995.00
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February 22, 2005
PROFESSIONAL SERVICES AGREEMENT
[Architectural Services]
This Agreement entered into this 24 day of June, 2002,
by and between The CITY of Miami, a Municipal Corporation of
the State of Florida, (the "CITY"), and Zyscovich, Inc., a
State of Florida corporation, (the "PRINCIPAL").
WITNESSETH
WHEREAS, the CITY has scheduled a substantial number of
Projects for fiscal years 2002, 2003 and 2004 (the "Projects")
that require professional architectural services; and
WHEREAS, the Commission of the CITY of Miami, by
Resolution No.02-144 adopted on February 14, 2002, approved
the selection of four (4) Architecture firms to provide
architectural services for the Projects during the planning,
design and construction phases thereof and authorized the CITY
Manager to negotiate the terms of and execute agreements with
said firms for the provision of the Services; and
WHEREAS, the PRINCIPAL is one of the firms selected to
provide architectural services and the PRINCIPAL and the CITY
wish to execute this Agreement to set forth the terms and
conditions of the engagement.
NOW, THEREFORE, in consideration of the mutual covenants
set forth herein, the CITY and the PRINCIPAL agree as follows:
TERMS
1. Recitals. The recitals and all statements contained
therein are hereby incorporated into and made a part of
this Agreement.
2. Term. The term of this Agreement shall be three (3)
years, commencing on the date hereof and ending three (3)
years thereafter (the "Expiration Date"), subject, however,
to the provisions of Section 19 hereof. The CITY has the
right to extend the term hereof for an additional period of
one (1) year subject to the approval of the CITY Manager.
3. Subject Matter. This Agreement sets forth the terms and
conditions pursuant to which the CITY may request, and
PRINCIPAL shall provide, the Services, as defined in
Section 4 and 5 below, for one or more Projects. No
specific Project is designated under this Agreement. The
Project and the specific details of the Services required
to be performed by the PRINCIPAL shall be described in a
Work Order to be issued by the CITY in accordance with
Section 5.B hereof.
4. Definitions.
A. PROJECT means the proposed improvements (new or
restoration) to a street, sewer, property, or other CITY
facility as generally designated and programmed by the
CITY or other related professional services requested by
the CITY.
B. WORK - means Services to be rendered or provided by the
PRINCIPAL for the PROJECT.
TA:ArchServZyscovichInc
2
C. SERVICES - means the Basic Services and/or the Scope of
Work, as described in Section 6 hereof, to be performed
by the PRINCIPAL under this Agreement.
D. CONSTRUCTION BUDGET - means the amount allocated by the
CITY for construction of the PROJECT and all increases
authorized by the CITY.
E. PROJECT MANAGER - means the Director of the Department
of Public Works or his/her designee.
5. Services.
A. General
i. At the CITY's request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the Services
described in Section 6 below. The Services include
but are not limited to the services outlined in
Section 6 herein and services that may be required in
connection with a Project. The Work shall be performed
in a sound, economical, efficient and professional
manner and within the time and the manner required in
the Work Order, as mutually agreed upon by the
PRINCIPAL and the CITY.
ii. The PRINCIPAL shall perform the Work under the
direction of, and in close coordination with, the
Project Manager. The PRINCIPAL shall provide all
professional and technical services comprising the
Work and shall be fully responsible for all the
professional and technical aspects thereof. The
CITY's review and approval of the Work will relate
TA:AxchservzyscovichInc
only to overall compliance with the general
requirements of the Project and whenever the term
"approval by the CITY" or like term is used in this
Agreement, the phraseology shall in no way relieve the
PRINCIPAL from any duties or responsibilities under
the terms of this Agreement or from using the best
professional architectural practices.
iii. The PRINCIPAL shall, in the performance of the
Work, comply with all Federal, State and Local codes,
ordinance and regulations, pertaining to the Project,
including, without limiting the generality of the
foregoing, the Federal Wage -Hour Law, Walsh -Healy Act,
The Occupational Safety and Health Act, The National
Environmental Policy Act and Equal Employment
Opportunity Legislation.
iv. In the performance of the Work, the PRINCIPAL agrees
to:
a. Strive to complete the Work within the time allowed
by maintaining an adequate staff of qualified
employees on the Work at all times.
b. Be fully responsible for the professional and
technical services required to be rendered in the
performance of the Work.
c. Cooperate fully with the CITY in order that all
phases of the Work may be properly scheduled,
coordinated, and executed.
TA:ArchServZyscovichInc
4
d. Report the status of the Project to the Project
Manager upon request or as required by this
Agreement, and maintain all notes, calculations,
and related Work open to inspection by the CITY, at
all times during the term hereof.
e. Prepare the plans, specifications and all other
documents pertaining to the Project in compliance
with all applicable federal, state and local laws,
codes, ordinances and regulations.
f. Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which PRINCIPAL is present.
g. Be available for general consultation and advice at
all times during the term of the Project.
v. The CITY agrees to make available to the PRINCIPAL
any plans and other data in CITY's possession
pertaining to the Work to be performed for the
Project. The PRINCIPAL shall recommend to the CITY and
be responsible for the review and interpretation of
appropriate investigations, surveys, tests, analysis
and reports that need to be obtained or performed for
the proper execution of the PRINCIPAL's services. The
PRINCIPAL shall be responsible of contacting utility
companies and obtaining as -built of existing utilities
within the project area, and to make his/her own site
investigations.
B. Requests For Services.
TA:ArchServZyscavichInc
i. Except in emergency situations, all requests for
Services shall be made by a written Request For
Services ("RFS") issued by the Project Manager. In
case of emergency, the CITY may issue a verbal RFS to
be followed by a written RFS (or, after approval, by a
Work Order) and a Notice to Proceed, as soon as
practicable thereafter. The RFS shall describe the
Project and each section of the Work to be performed
by the PRINCIPAL and the time schedule in which the
Work must be completed.
ii. Upon receipt of the RFS, the PRINCIPAL shall make
arrangements to meet with the Project Manager and a
meeting shall be held within ten (10) days following
receipt of the RFS, to discuss the Construction
Budget, estimated amount of compensation, Project
schedule and deadline, and the schedule and scope of
the Work. All formats for the Work are to be as
presently used by the CITY of Miami Public Works
Department, unless otherwise directed by the Project
Manager. This is to include but not be limited to
plans, specifications and contract documents.
iii. Subsequent to the meeting, the PRINCIPAL shall
submit to the CITY a proposal at no cost to the CITY.
If CITY and PRINCIPAL agree on the amount of
compensation and the schedule and time for completion
of the Work, then the Project Manager shall issue a
Work Order and Notice to Proceed.
TA:ArchServZyscovichlnc
6
iv. The Services to be rendered by the PRINCIPAL for the
Project shall commence within twenty-four (24) hours
upon receipt of the Notice to Proceed and shall be
completed within the time agreed upon as shown in the
Work Order.
v. PRINCIPAL understands and agrees that failure to
comply with the foregoing provisions within the time
required herein may result in the Project being
awarded to another firm.
6. Scope of Work Scope of Work consists of complete
professional architectural services for any or all of the
six (6) Phases described in Sections A through F below. To
the extent that the provision of Services for a Project
require any engineering or landscaping architectural
services, including but not limited to, civil, structural,
mechanical, or electrical, the PRINCIPAL shall use the
services of Engineers or Landscape Architects who have been
designated as "Approved Sub -consultants," as the term is
defined in section 16 herein. The PRINCIPAL agrees to
coordinate its effort with that of the Subconsultants
involved in a Project to assure fully coordinated and
complete Work. The PRINCIPAL shall prepare the final bid
package including bid documents and specifications to be
prepared by the Sub -consultants or to be provided by the
CITY. The PRINCIPAL may also be required to provide
consulting services to the CITY on various matters which do
not result in drawings or specifications. The CITY
TA:ArchServ2yscovichInc
7
acknowledges that any agency of the CITY may purchase
services in part or in whole from this contract, provided
that written permission is given by the CITY Manager or his
designee.
A. Phase I - Programming and Schematic Design:
i. The PRINCIPAL shall confer with the Project. Manager
and other designated representatives of the CITY,
including the Department in charge of the Project, to
determine the general requirements for the completion
of the Project all within the Construction Budget
which shall have been established by the CITY at
project initiation.
ii. The PRINCIPAL shall use proper and adequate design
control to assure the CITY that the Project will be
constructed within the Construction Budget.
iii. The PRINCIPAL shall prepare a Design Concept and
Schematic Report, if applicable, for presentation to
the CITY. This presentation shall include the
proposed Project Schedule, a Planning Summary (if
applicable), and Schematic Design Studies (as
described below), and an estimate of probable
Construction Costs.
iv. The proposed Project Schedule shall include a
timetable indicating the proposed completion date for
each Phase of the Project through Design, Bidding and
Construction, and the projected date of completion.
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8
v. The Planning Summary (if applicable), shall consist
of a vicinity plan and a site plan indicating the
Project orientation, and a brief summary of all
pertinent planning criteria being considered or to be
considered in the Project.
vi. The Schematic Design Studies shall consist of all
drawings (i.e. plans, elevations, sections, etc.) as
may be required, to show the scale and relationship of
the parts and the overall design concept A simple
perspective sketch, model or photograph thereof may be
provided to further show the design concept.
vii. If necessary, as determined by the CITY the
PRINCIPAL shall present the Schematic Design Studies
to the appropriate CITY Boards (such as Historic
Preservation Board, Planning and Zoning Boards, etc.)
for their approval of the proposed plans.
viii. The estimate of probable Construction Cost shall
include the estimated cost of the Project including
governmental permit fees, new utilities, proposed CITY
purchased equipment, contingencies (if any), and
escalation factors adjusted to the estimated bid date,
(if applicable).
ix. The PRINCIPAL shall submit to the CITY two (2)
copies of all documents required under this Phase, at
no additional charge, for approval by the CITY. The
PRINCIPAL shall not proceed with the next Phase until
directed by the Project Manager.
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9
B. Phase II - Design Development:
i. From the approved Schematic Design documents, the
PRINCIPAL shall prepare Design Development Documents,
including the drawings, outline specifications and
other documents to describe the size and character of
the entire Project as to construction, finish
materials, and other items incidental to the Project
as may be appropriate and applicable.
ii. The Design Development Documents shall include the
updated Proposed Project Schedule, Outline
Specifications of Proposed Materials and Equipment,
Updated Estimate of Probable Construction Cost, and
the Design Development Drawings, as required to
clearly delineate the Project. If the probable
Construction Costs exceed the Construction Budget,
then, appropriate reductions in costs or Scope of
Project shall be included for CITY's evaluation.
iii. The PRINCIPAL shall submit to the CITY, two (2)
sets of all documents required under this Phase, at no
additional charge, for CITY's approval. The PRINCIPAL
shall not proceed with the next phase until directed
by the Project Manager.
C. Phase III - Construction Documents:
i. From the approved Design Development Documents, the
PRINCIPAL shall prepare Final Construction Documents
setting forth in detail the requirements for the
construction of the Project. The Final Construction
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Documents shall include complete Drawings and
Specifications, the Proposal (Bid) form, Special or
Supplemental General Conditions, and other necessary
information for bidders. PRINCIPAL shall use the CITY
of Miami Public Works Department Standard forms for
the preparation of the Proposal (Bid) forms,
Instructions to Bidders, Conditions of Contract, and
other CITY required documents. In the preparation of
the Construction Documents, the PRINCIPAL shall use
Construction Specifications Institute (CSI) Standards,
including the 16 Division and the 3 part Section
format developed and recommended by the C.S.I. for
construction specifications.
ii. The Construction Documents shall be prepared in a
manner that will assure clarity of lineWork, notes,
and dimensions, when the documents are reduced to 50%
of their size. All drawings shall be on 24" x 36"
size first quality drawing paper or Mylar using CITY's
standard format, unless otherwise approved.
iii. Whenever possible, the Construction Drawings shall
be created by computer using AutoCad. Where AutoCad is
used, the PRINCIPAL will also submit a copy of the
drawings on a compact disk. When possible, the
PRINCIPAL's specifications shall be produced on a word
processor using Microsoft "Word" format. Another
format may be used only if approved by the CITY.
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11
iv. When the development of Construction Drawings has
progressed to at least 50% completion in (the "50%
check"), the PRINCIPAL shall submit to the CITY, at no
additional charge, two (2) copies thereof together
with an updated set of Specifications and an updated
Estimate of Construction Costs.
v. The PRINCIPAL shall not proceed with the further
development of the Construction Documents until it has
received CITY's approval of the 50% Check Set. The
PRINCIPAL shall make all reasonable changes required
by the CITY. In the event the latest estimated
Construction Costs reveal that the cost of the Project
will exceed the Construction Budget, then, at the
Project Manager's request, all Work shall be stopped
until the PRINCIPAL and the CITY agree on methods of
cost reductions or changes in scope sufficient to
enable construction of the Project within the
Construction Budget.
vi. Upon completion of the Construction Documents, the
PRINCIPAL shall submit to the CITY, at no additional
charge, a final Estimate of Construction Costs along
with two (2) sets of final construction drawings and
specifications, for final review, and approval.
vii. The PRINCIPAL shall make all the necessary
presentations of the final plans to the appropriate
CITY Boards for their approval, as outlined and
TA:ArchServZyscovichInc
12
identified within the Work order and corresponding
scope of Work.
viii. PRINCIPAL shall make all required changes or
additions and resolve all questions resulting from the
CITY's final review. This shall be at no additional
charge to the CITY, except for changes requested by
the CITY that are in conflict with prior CITY
directives or approvals or constitute the CITY's
modifying the scope or program of the project. All
revised documents shall be submitted to the CITY for
approval. After final approval by the CITY, the
PRINCIPAL shall furnish, at no additional charge, a
master set of reproducible drawings and specifications
and provide two (2) sets of prints of the final
drawings and specifications to the CITY. If
additional sets of prints are authorized for bidding
purposes, the CITY shall reimburse the PRINCIPAL for
the cost of printing additional drawings and
specifications.
ix. The PRINCIPAL shall conduct "dry runs" of the final
construction plans to the Building Department and
other appropriate governmental authorities, as
necessary to ascertain that the construction documents
meet all the requirements for construction permits.
The PRINCIPAL shall make all necessary corrections,
modifications, and additions to the construction
documents (plans, specifications, etc.) necessary for
TA:ArchServZyscovichInc
13
permitting. The PRINCIPAL shall assist the CITY in
filing the necessary documents and obtaining the
approval for utilities (such as water, sewer,
electric, telephone, gas, etc.) as well as the
approval from all other applicable governmental
authorities (such as environmental, health, building,
zoning, etc.).
D. Phase IV - Bidding and Negotiation Phase:
i. The Bidding and Negotiation phase shall be conducted
in accordance with the CITY's established or approved
process. The PRINCIPAL shall assist the CITY in
obtaining and awarding bids and preparing construction
contracts. After receipt of bids, the PRINCIPAL shall
evaluate the bids and assist the CITY in making a
recommendation to the CITY Commission.
ii. During the advertisement and bidding period the
PRINCIPAL shall prepare any necessary Addenda, with
accompanying drawings or other materials, as may be
required. An original copy of each Addendum shall be
submitted to the Project Manager for approval and a
copy of the same shall be furnished to each of the
Bidders that have picked up a set of Contract
Documents for purposes of bidding.
iii. The PRINCIPAL shall attend pre -bid conferences when
they are deemed necessary by the CITY.
iv. During the bidding period, the PRINCIPAL shall
interpret Construction Documents in writing, and
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prepare any supplementary drawings or specifications
necessary for the clarification of the documents. The
PRINCIPAL shall also assist the CITY in preparing
responses to inquiries from prospective bidders.
v. If the lowest responsible bid received exceeds the
Construction Budget the CITY may:
a. approve the increase and award the construction
contract to such bidder, or
b. reject all bids and rebid the Project within a
reasonable time with no change in the Project Bid
Documents, or
c. direct the PRINCIPAL to revise the Scope and/or
quality of the Project only if the bid exceeds the
construction budget by more than ten (10) percent.
In such event the PRINCIPAL shall modify the
Construction Documents as necessary to bring the
Estimated Construction Cost within the Construction
Budget. Such modifications shall be at no
additional charge to the CITY unless the excess in
Construction Costs is due to a change in scope
requested by the CITY or due to unforeseen
circumstances such as force majeur or undue delay
on the part of the CITY in bidding the Project, or
d. suspend or abandon the Project.
E. Phase V - Administration of the Construction Contract:
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i. The Construction Phase will begin with the award of
the Construction Contract and will end when the
Contractor's final payment is approved by the CITY.
ii. Unless otherwise provided, the CITY's Public Works
Department will administer the Construction Contract
and will assign an inspector to the Project. The
PRINCIPAL shall advise and consult with the Project
Manager or the CITY Inspector when appropriate. The
PRINCIPAL shall have only limited authority to act on
behalf of the CITY and only to the extent provided in
the General Conditions or in the Supplementary
Conditions of the Construction Contract. CITY shall
have final approval of all changes in the Construction
Work and Costs.
iii. The PRINCIPAL shall attend pre -construction
meetings and job meetings where its presence is
required to resolve problems or disputes with the
construction runs.
iv. The PRINCIPAL shall at all times have access to the
Project during the construction phase, so it may
adequately perform as intended under this Agreement.
v. The PRINCIPAL shall visit the construction site at
regular intervals appropriate to the project and
during all key construction events, as defined in the
Work order or otherwise agreed by the PRINCIPAL and
Project Manager to evaluate the progress of the
Project and to determine, in general, if the Project
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is proceeding in accordance with the Contract
Documents. The PRINCIPAL will not be required to
provide continuous daily on -site inspections to check
the quality or quantity of the Work unless otherwise
authorized or directed in writing by the CITY, and
compensated accordingly for his services.
vi. The PRINCIPAL shall have no responsibility to
supervise and control those actions of any parties not
directly employed or retained by the PRINCIPAL. On
the basis of the on -site observations, the PRINCIPAL
will advise the CITY as to the progress of the Work
and any observed defects and deficiencies.
vii. The PRINCIPAL shall furnish to the CITY a written
report describing its observations of the Work, during
each visit to the site, and the general status and
progress of same. All reports shall be submitted in a
timely manner. The PRINCIPAL shall ascertain, at
least monthly, that the Contractor is making timely,
accurate, and complete notations on record drawings.
viii. Based on observations at the site and on its
review of the Contractor's Payment Certificate, the
PRINCIPAL shall assist the CITY in determining the
amount due the Contractor and shall recommend approval
or rejection of the Certificate of Payment and the
amounts of each.
ix. The PRINCIPAL's recommendation for approval of a
Payment Certificate shall constitute the PRINCIPAL's
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representation and certification to the CITY that the
Work has progressed to the point indicated, and that
it has been performed in accordance with the Contract
Documents subject to:
a. an evaluation of the Work for conformance with the
contract documents upon substantial completion.
b. the results of any subsequent tests required by the
Contract Documents, and
c. minor deviations from the Contract Documents
correctable prior to completion and acceptance of
the Project.
x. The PRINCIPAL shall have an affirmative duty to
recommend rejection of Work which does not conform to
the Contract Documents. Whenever, in its reasonable
opinion, the PRINCIPAL considers it necessary or
advisable to insure compliance with the Contract
Documents, the PRINCIPAL will have authority, after
approval from the Project Manager, to recommend
special inspections or testing of any Work deemed not
to be in accordance with the Contract Documents
whether or not such Work has been fabricated and
delivered to the Project, or installed and completed.
However, neither this authority of the PRINCIPAL nor a
decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty
or responsibility of the PRINCIPAL to the Contractor,
Subcontractors, material and equipment suppliers,
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their agents or employees or any other persons or
entities performing portions of the Work.
xi. The PRINCIPAL shall promptly review and approve shop
drawings, samples, and other submissions of the
contractor for conformance with the design concept of
the Project and for compliance with the Contract
Documents. Changes or substitutions to the Contract
Documents shall not be authorized without concurrence
by the Project Manager.
xii. The PRINCIPAL shall provide the CITY with copy of
all shop drawings, duly reviewed by the PRINCIPAL, for
the CITY's permanent records.
xiii. The PRINCIPAL shall review all test reports
required by the Contract Documents and notify the CITY
of any noncompliance with the Contract Documents.
xiv. The PRINCIPAL shall witness all tests that it is
required to witness by Code or by the Contract
Documents and shall provide to the CITY written
reports of all such tests.
xv. The PRINCIPAL shall receive all samples required to
be furnished by the contractor and shall record the
date of receipt and.its source, examine said samples,
notify the CITY of the approval or rejection of said
samples, and maintain custody of approved samples.
xvi. As part of the Project Scope, the PRINCIPAL shall,
if necessary, assist the CITY in the preparation of
bids for the purchases of equipment, fixtures, and
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furnishings for the Project. Upon receipt of these
bids, the PRINCIPAL shall assist the CITY in its
evaluation and make recommendations related to the
procurement and the installation of said equipment,
fixtures, and furnishings.
xvii. The PRINCIPAL shall review and recommend action on
proposed Change Orders within the scope of the
Project. This includes Change Orders initiated by
others or any proposed Change Orders recommended by
the PRINCIPAL based on his observations.
xviii. The PRINCIPAL shall examine the Work upon receipt
of the Contractor's Certificate of Substantial
Completion for the Project and shall prepare a punch
list of any defects and discrepancies in conjunction
with the Project Manager. After the punch list items
have been satisfactorily completed and approved by the
PRINCIPAL, the PRINCIPAL shall recommend execution of
Certificate of Final Acceptance and Final Payment to
the contractor. PRINCIPAL shall also obtain from the
contractor all warranties, guarantees, operation and
maintenance manuals, releases of lien, extra materials
required by the contract, and certificates as may be
required by the specifications or applicable laws, and
deliver them to the CITY.
xix. The PRINCIPAL shall provide assistance in obtaining
contractor's compliance with the Contract Documents
relative to, a) initial instruction of CITY personnel
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in the operation and maintenance of any equipment or
system, b) initial start-up and testing, adjusting and
balancing of any equipment or systems, and c) final
clean-up of the Project.
F. Phase VI - Post Construction Administration:
i. The PRINCIPAL shall furnish to the CITY reproducible
"as -built" record drawings based on information
furnished by the contractor. These drawings shall
become the property of the CITY.
ii. The PRINCIPAL shall assist the CITY in the
observation of the Work one month before the
expiration of any guarantee period and shall report to
the CITY any defective Work in the Project which is
under guarantee/warranty. The PRINCIPAL shall also
assist the CITY with the administration of guarantee/
warranties for correction of any defective Work that
may be discovered during the guarantee/warranty
period.
7. Project Completion Time. The Work shall be performed
within the time allocated to each phase thereof and shall
be completed within the time agreed upon. A reasonable
extension of the Work time will be granted in the event of
a delay caused by the CITY's failure to fulfill its part of
the Agreement as herein required or by other reasons, such
as weather, beyond the control of the PRINCIPAL.
8. Extension of Expiration Date. In the event the PRINCIPAL
is engaged in any Project(s) on the Agreement Expiration
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Date, then this Agreement shall remain in effect until
completion or termination of said Project(s). No new Work
Orders shall be issued after the Expiration Date.
9. CITY's Services and Responsibilities. The CITY shall make
available to the PRINCIPAL for its inspection, all plats,
maps, surveys, aerials, records and other information
regarding the Project that the CITY has as its disposal.
10. Compensation. Compensation shall be based on a "Fixed
Fee" or a "Not to Exceed Fee", as described hereunder,
based on the nature and scope of the Work. The method of
compensation shall be agreed upon prior to issuance of the
Work Order. Notwithstanding anything herein to the
contrary, the CITY and the PRINCIPAL agree that the total
compensation peillitted for all Work under this Agreement
shall not exceed the sum of $600,000.
A. FIXED FEE: The fee for a task or a scope of Work based
on a fixed fee shall be mutually agreed upon by the CITY
and the PRINCIPAL.
B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is
mutually agreed upon, the amount of compensation shall
be based on an hourly rate fee. The hourly rate fee
shall be computed based on the hours Worked by
individuals in the following categories. The Hourly Rate
for each category, as shown below, includes all
equipment, supplies, materials, tools , labor, wages,
taxes, insurance, benefits, overhead and profit and
shall be applicable to any necessary overtime Work.
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Category Hourly Rates
Principal in Charge $150.00
Principal Architect $142.50
Project Manager $110.00
Registered Architect $104.50
Architect $77.50
Professional Engineer $104.50
Engineer $82.50
Registered Landscape Architect $85.00
Draftsperson $65.00
Engineering Technician $60.50
Administrative(Billing, Reports Preparer) $50.00
Clerical (Filing, Light Word Processing) $42.50
Permit Expediter n/a
Construction Manager (Supervisor) $95.00
Construction Inspector $71.50
3-Man Survey Crew (Half Day Min.) $100.00
Cadd Operator $58.30
Estimator/Scheduler n/a
Principal Engineer $137.50
Principal Landscape Architect $121.00
Senior Estimator/Schedule n/a
11. Payments of Compensation. Compensation shall be paid
monthly in accordance with invoices detailing the fees and
expenses, for Work performed during the immediate preceding
calendar month. Payment shall be made within thirty (30)
days following Project Manager's receipt of the invoices,
in triplicate. The invoices shall include the following
information:
A. Total contract amount.
B. Percent of Work complete to date.
C. Total amount paid to date.
D. Amount previously billed.
E. Amount of invoice.
F. Summary of Work done during the billing period.
G. Invoice number and date.
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12. Schedule of Work. The CITY shall have the sole right to
determine which Project shall be assigned to the PRINCIPAL.
The schedule of Work and time for performance will be
mutually agreed upon by the CITY and the PRINCIPAL.
13. Extra Work Expenses. If the PRINCIPAL has incurred extra
Work or expense due to changes ordered by CITY after any
portion of the Work is approved by the CITY, then the
payment for such extra Work shall be the subject of a
Change Order, and shall be approved, in writing, by the
CITY if, in the CITY's reasonable opinion, such Change
Order is warranted. If the PRINCIPAL caused extra Work or
expense without previous approval by the CITY, such extra
Work shall be the subject of an additional Work order and
the cost of the extra Work shall be sole responsibility of
the PRINCIPAL.
14. Reimbursable Expenses: Reimbursable expenses are to be
paid in addition to compensation for Basic Scope Services
and include expenses incurred by the PRINCIPAL, its
employees and other consultants in the interest of each
Project, as identified as follows and if authorized in
writing, by the CITY's Project Manager and proper
documentation is provided to the CITY's Project Manager.
A. Providing the services of special specialists, such as
traffic, soils, environmental, etc., in addition to
those that are required to provide the basic scope of
services. Unless otherwise agreed, the extra expense of
specialists, when authorized, shall be the amount paid
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to the specialist. The compensation for these services
shall be done as reimbursable expenses. This Section
does not apply to Professional Services of those
individuals and specialists employed by the PRINCIPAL.
B. Expenses of surveys of existing sites and buildings if
paid by the PRINCIPAL.
C. Fees paid by the PRINCIPAL for securing approval of
authorities having jurisdiction over the projects.
D. Costs of testing, strength of materials, soils,
chemical, mechanical or other tests, connected with
construction projects, if paid by the PRINCIPAL.
E. Traveling outside of Miami -Dade County when authorized
in advance by the CITY's Project Manager.
Transportation and living expenses of PRINCIPALs or
employees shall be paid not to exceed limitations
established by law.
F. If' required by the CITY's Project Manager, providing
site personnel, threshold inspector, etc.
G. Changes in the Project initiated by the CITY or
Contractor.
15.Approval of Calculations, Reports and Drawings. The CITY
agrees within thirty (30) days after delivery, it will,
approve, reject, or return with indicated suggested
revisions or recommendations, all field notes, drawings,
calculations, reports or other written communications
submitted by the PRINCIPAL to the CITY for approval. Such
approval, revisions or recommendations by the CITY shall
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25
not relieve the PRINCIPAL of its responsibility for the
Work. Any errors noted in the calculations or drawings
submitted by the PRINCIPAL will be corrected at no
additional cost to the CITY. All certified plans and other
final drawings required under this agreement shall be
delivered to the CITY in a reproducible form such as an
original ink drawing on high quality Vellum or a reverse
Mylar made from an original ink drawing. In either case,
the reproducible of registered plans shall be affixed with
the architects or engineer's embossed seal and signature.
16.Sub-consultants.
A. Selection of the PRINCIPAL by the Competitive Selection
Committee was based, in part, on the qualifications and
expertise of the Sub -consultants listed in response to
the "Request for Proposals" (RFP) if Sub -consultants
were listed (the "Approved Sub -consultants"). The
PRINCIPAL shall employ Approved Sub -consultants where
their specialties are required to perform the Work for
an assigned Project.
B. The PRINCIPAL may choose additional Sub -consultants
provided it first obtains the prior written approval of
the CITY. The PRINCIPAL may not exclude Approved
Subconsultants from a Project without the CITY's prior
written consent. The reasons for hiring additional Sub -
consultants or for the replacement of the Approved Sub -
consultants shall be detailed in the PRINCIPAL's written
request for CITY's consent.
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C. The PRINCIPAL shall be responsible for all the Work of
its organization, employees and its Sub -consultants.
Nothing contained in this Agreement shall create any
contractual relationship between any of the Sub -
consultants Working for the PRINCIPAL and the CITY. The
PRINCIPAL agrees and understands that it is in no way
relieved of any responsibility under the terms
Agreement by virtue of any other professional
associate with it in perfoiffling the Work.
D. Sub -consultants that must be used are:
Donnell, Duquesne & Albaisa, P.A.
H. J. Ross Associates, Inc.
Kimley-Horn and Associates, Inc.
Curtis & Rogers Design Studio, Inc.
Schrimer Engineering Corporation
of this
who may
17.Conflict of Interest.
A. PRINCIPAL covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal
financial interest, direct or indirect, with the CITY.
PRINCIPAL further covenants that, in the performance of
this Agreement, no person having such conflicting
interests shall be employed. Any such interests on the
part of PRINCIPAL or its employees, must be disclosed in
writing to CITY.
B. PRINCIPAL is aware of the conflict of interest laws of
the CITY of Miami (CITY of Miami Code Chapter 2, Article
V), Miami -Dade County, Florida (Miami -Dade County Code
Section 2-11.1) and the State of Florida, and agrees
TA:ArchServZyscovichInc
27
that it shall fully comply in all respects with the
terms of said laws.
18.0wnership of Documents. All reports, tracings, drawings,
plans, specifications, survey information maps, computer
media, and other data developed by the PRINCIPAL for the
purpose of this Agreement shall become the property of the
CITY without restriction or limitation upon use and shall
be made available by the PRINCIPAL at any time upon request
of the CITY. When any Work contemplated under this
Agreement is completed or for any reason terminated prior
to completion, all of the above data shall be delivered to
the Project Manager.
19.Termination and Suspension of Agreement.
A. The CITY retains the right to terminate this Agreement
at any time prior to the completion of the Work without
penalty to the CITY. In such event, the CITY shall give
written notice of termination to the PRINCIPAL and the
PRINCIPAL shall be paid for services rendered up to the
date of the notice, provided, however, that the
PRINCIPAL is not in default under the terms of this
Agreement and as set forth in Section 30 hereof.
B. In the event of termination, all documents, plans, and
other documents developed by PRINCIPAL under this
Agreement shall become the property of the CITY, with
the same provisions of use as set forth herein.
C. It is further understood by and between the parties that
any information, contract documents, plans, drawings, or
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any other matter whatsoever which is given by the CITY
to the PRINCIPAL pursuant to this Agreement shall at all
times remain the property of the CITY and shall not be
used by the PRINCIPAL for any other purposes whatsoever
without the written consent of the CITY.
20.Award of Agreement.
A. The PRINCIPAL warrants that it has not employed or
retained any company or person to solicit or secure this
Agreement, that it has not paid or agreed to pay any
company or person any fee, commission, percentage,
brokerage fee, or gifts or any other consideration
contingent upon or resulting from the award or making of
this Agreement.
B. The PRINCIPAL also warrants that to the best of its
knowledge and belief no Commissioner, Mayor or other
officer or employee of the CITY is interested directly
or indirectly in the profits or emoluments of this
Agreement or the Work.
21.Entire Agreement. This Agreement represents the entire and
integrated agreement between the CITY and the PRINCIPAL and
supersedes all prior negotiations, representations or
Agreements, either written or oral. This Agreement may be
amended only by written instrument executed by CITY and
PRINCIPAL.
22. Successors and Assigns. This Agreement shall be binding
upon the parties hereto and their respective heirs,
executors, legal representatives, successors and assigns.
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23. Right to Audit. The CITY reserves the right to audit
records of the PRINCIPAL pertaining to this Agreement
anytime during the term hereof, and for a period of three
(3) years after final payment is made under this Agreement.
24. Insurance. PRINCIPAL shall maintain during the terms of
this Agreement the following insurance:
A. Comprehensive General Liability Insurance in amounts not
less than $1,000,000.00 Combined Single Unit for bodily
injury and property damage liability and said insurance
shall include contractual liability coverage. The CITY
of Miami shall be named as primary Additional Insured.
B. Professional Liability Insurance in a minimum amount of
$1,000,000.00 covering all liability arising out of the
terms of this Agreement.
C. Workers' Compensation Insurance in the statutory
amounts.
D. Automobile Liability Insurance covering all owned, non -
owned, and hired vehicles used by PRINCIPAL in
connection with Work arising out of this Agreement.
Coverage shall be written with at least statutory
amounts for Bodily Injury and Property Damage.
E. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of
Florida and which are approved according to
specifications of the Risk Management Division of the
CITY of Miami. All policies required hereunder shall
name the CITY as "Additional Insured".
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F. The PRINCIPAL shall furnish certificates of insurance to
the CITY prior to the commencement of any Work, which
shall clearly indicate that the PRINCIPAL has obtained
insurance in the type, amount and classification as
required for strict compliance with this Section and
that no material change or cancellation of the insurance
shall be effective without the thirty (30) days written
notice of the CITY.
G. Compliance with the foregoing requirements shall not
relieve the PRINCIPAL of its liability and obligations
under this Section or under any portion of this
Agreement.
25.Right of Decisions.
A. All services shall be performed by the PRINCIPAL to the
satisfaction of the Project 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 fulfillment of the Services
hereunder, and the character, quality, amount, and value
thereof, and the Project Manager's decisions upon all
claims, questions of fact, and disputes shall be final,
conclusive and binding, upon the parties hereto, unless
such determination is clearly arbitrary or unreasonable.
B. In the event that the PRINCIPAL does not concur in the
judgment of the Project Manager as to any decision made
by him, the PRINCIPAL shall present his written
objections to the CITY Manager.
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26. Non -Discrimination. The PRINCIPAL shall not discriminate
against any employee or applicant for employment because of
race, color, religion, sex, age, national origin, handicap
or marital status. The PRINCIPAL shall take affirmative
action to ensure that applicants are employed, without
regard to their race, color, religion, sex, age, national
origin, handicap or marital status. Such action shall
include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship. The PRINCIPAL agrees
to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
Personnel Officer setting forth the provisions of this
Equal Opportunity Clause.
27. Construction of Agreement. The parties hereto agree that
this Agreement shall be construed and enforced according to
the laws, statutes and case law of the State of Florida.
28. Independent Contractor. The PRINCIPAL and its employees
and agents, shall be deemed to be Independent Contractors
and not agents or employees of the CITY; and shall not
attain any rights or benefits under the Civil Service or
Pension Ordinance of the CITY, or any right generally
afforded classified or unclassified employees; further they
shall not be deemed entitled to Florida Workers'
Compensation benefits as employees of the CITY.
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29. Non-Delegability. It is understood and agreed that the
obligations undertaken by the PRINCIPAL pursuant to this
Agreement shall not be delegated or assigned to any other
person or firm without the CITY's prior written consent,
which may be withheld at CITY's sole discretion.
30. Default Provision. In the event that PRINCIPAL shall
fail to comply with each and every term and condition of
this Agreement or fails to perform any of the terms and
conditions contained herein, then the CITY, in addition to
all other remedies available by law, at its sole option,
upon written notice to PRINCIPAL may cancel and terminate
this Agreement, and all payments, advances or other
compensation paid to PRINCIPAL by CITY while PRINCIPAL was
in default of the provisions herein contained, shall be
forthwith returned to CITY.
31. Contingency Clause. Funding for this Agreement is
contingent on the availability of funds and continued
authorization for program activities and is subject to
amendment or termination due to lack of funds or
authorization, reduction of funds, and/or change in
regulations.
32. Minority Procurement Compliance. The PRINCIPAL
acknowledges that it has been furnished a copy of Ordinance
No. 10062, the Minority Procurement Ordinance of the CITY
of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including
any amendments thereto.
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33. Indemnification. The PRINCIPAL covenants and agrees that
t will indemnify and hold harmless the CITY, its officers,
agents and employees from any and all claims, losses,
damages, costs, charges or expenses arising out of or in
connection with the negligent acts, actions, or omissions
of the PRINCIPAL or any of its officers, agents, employees,
whether direct or indirect, provided, however, that
PRINCIPAL shall not be liable under this Section for
damages or injury arising out of or directly caused by or
resulting from the sole negligence of the CITY or any of
its agents, officers or employees. The indemnity provided
herein is not limited by reason of any particular insurance
coverage in this Agreement.
34. Notice. All notices or other communications which shall
or may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address
indicated herein or as the same may be changed from time to
time. Such notice shall be deemed given on the day on
which personally served; or, if by mail, on the fifth day
after being posted or the date of actual receipt, whichever
is earlier.
CITY OF MIAMI: PRINCIPAL:
City Manager
444 S.W. 2" Avenue
Miami, Florida 33130
Public Works Department Zyscovich, Inc.
Attn: John H. Jackson Attn: Bernard Zyscovich
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34
444 S.W. 2nd Avenue
Miami, FL 33130
(305) 416-1223
City Attorney
444 S.W. 2Avenue
Suite 945
Miami, Florida 33130
100 N.Biscayne Blvd. 27" floor
Miami, FL 33132
(305) 372-5222
35.Amendments. No amendments to this Agreement shall be
binding on either party unless in writing and signed by
both parties.
36.Miscellaneous Provisions.
A. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
B. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
C. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or
phrase contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the CITY of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
TA;ArchServZyscovichInc
35
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
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3 6
ire WITNESS WHERE6E, the ,area hereto hAVe, throuch
their proper Ptorpntaa offiniain, exetnted this Agreemeat,Hthe
day and year tirst above Set forth.
;*0-
a gur.144 Corparetiozi
ATTEST
Bernard Zycf
Pireeident
CITY 10*: •, a aii4mintpel
Corporatiba Of the State of
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RISC A.
City Clerk
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TA:ArchservzyscovichInc 3 7
City Man4#er
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CORPOWE RESOLUTION
WiREAS, the Board of Direct f ZYSCOV1CH, INC. has examined terms.
‘vnelitintis, and obligations of the proposed contract with the City of Miarni for Professiooal
ArChitoctorAi`ServiCes,
WHFIE
em Board of Director*
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Now, I RE, BE rr REsoLvFx# EiY THE BOARD OF Dascron of
ilISCOVX.Oto INC., that the president aid sceritaly are hereby authorized and Instructed to oust foto
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a cag:met In the name Of, and on t?,:chalf orthiS,eMpurAtion. with the City of Miami for "Profeitifonal
Ax'altutthlt acr-Prdatlice,witil*.mitractd09unents ftanished by the -Otyfichetard, and
for 'the pricenOd 00127the ernand ,PkYi1164 contained ifi the proposed contract submitted by
the City'of 14lanli.
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IN WI ,, . $-WEBEOF, thia'6 May, '4/02
TA:ArchServZyscovichInc
3
J-02-111
2/4/02
RESOLUTION NO, °
2 144
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, ACCEPTING TEE RECOMMENDATION
OF THE CITY MANAGER TO APPROVE THE FINDINGS
OF THE SELECTION COMMITTEES, PURSUANT TO
REQUEST FOR PROPOSALS, FOR THE MOST QUALIFIED
FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR
PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS
FOR 2002 THROUGH 2004 LISTED BY SPECIALTY :N
RANK ORDER; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES
AGREEMENTS WITH EACH FIRM IN AN AMOUNT NOT TO
EXCEED THE AMOUNT INDICATED IN ATTACHMENT "A"
FOR EACH SPECIALTY FOR EACH FIRM; ALLOCATING
FUNDS FROM INDIVIDUAL PROJECT ACCOUNTS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1.
The e;orrmendaon o the Ciy Manager
to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms to provide
professional engineering construction management services
Public Works Category "B" designated projects for 2002 thrcugh
2004, 1::sted herein in rank order, are accepted:
I. The Corradino Group, Inc.
2. Nova Consulting Inc,
3. Marlin Ingineering Inc.
4. Civil-Cadd Engineering Inc.
5. CES Consultants, Inc. (ALTERNATE)
6, PELS&J (ALTERNATE)
r 41! • • rt
• '•-• • " • *
V! r
NO v.,
CITY COM241 SION
MEET/X0F
FEB I If 2002
Asc:41 tan M..
-119 d
to
tior. 2,
rove the
The recommendation cf ;he City Manager
dings of the selection :tee, pursuan7
uest for Proposs.:.s, as to :he most qualified firrr.s tc
provide professional P.A requirement services for Public
Works Category "B" designated projects for 2002 through
2004, listed herein in rank order, are accepted:
I. P2S&J
2. F 0 Architects + Planners, Inc.
3, Gurri Mute, P. A. (ALTERNATE)
Sect on 3.
The recommehciaion of the City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms to prcvide
professional architectural engineering services for Public Works
Catgo:y "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
1. CSA .outheast, Inc. (C.A.P. Eng. Consultants, Inc.)
2. Indigo Service Corporation
Section 4.
The recommendation cf the City Manager
approve the findings of the selection committee, pursuant to
Request for oposale, an to the Most qualified firms to provide
professional architecture services for Public Works Category "3"
designated projects for 2002 through 2004, listed herein in rank
order, are accepted:
1. Gurri Matute PA
2. Zyscovich, Inc.
3. R.J. Heisenbottle Architects, P.A.
4, R.E. Chisholm Architects, Inc.
5, Bermelio, Atamil & Partners, Inc. (ALTERNATE)
6, P5S3 (ALTERNATE)
ge 2 of
02 144
rIfl
—47 —4e-JUx:
k-LC7-..D urric.C.
Section 5 The recommendation cf the City Manager
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms tc provide
professional environmental engineering services for Public Wcrks
Category "B" designated projects for 2002 through 2004, listed
herein . rank order, are accept d:
1. ATC Group Services Inc.
2. H.J. Ross Associates, Inc.
3. URS Corporation
4. END Engineers, Inc.
5. Nova Consulting Inc. (ALTERNATE)
6. Consulting Engineering & Science, Inc. (ALTERNATE)
Section 6. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
Request fcr Proposals, as to the most qualified firms to provide
professional general engineering services for Public Works
Category -"2." designte projects for 2002 through 2004, listed
herein in rank order, accepted:
H.Y.1. Ross Associates, Inc.
2 Sprecher & Associates,
.‘nc.
3. Metric Engineering, Inc.
4.
5. Marlin Engineering, Inc,
6. PHS Engineering Corp,
7, URS Corporation (LTERNATE)
8. Kimley-Horn and Associates, Inc. (ALTERNATE)
Section 7. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
Request fcr Proposals, as to the most quaaified firms
to provide
Page 3 of 7
02- 144
if,11 ceJe..)a
ofessional landscape
itecture servi
Category "2" designated prjets for 2002
herein in rank order, are pted;
1. Falcon E, Bueno
2, Curtis & Rogers Design Studio, Inc.
3. Kimley-Horn and Associates, Inc.
4, EDAW, Inc. (ALTERNATE)
for Public Works
ugh 2004, fisted
Section E. The recommendof the City Manager to
approve the finoLngs of the select -Lon committee, pursuant to
Request for Proposals, as to the Most ualified firms to provide
professional mechanical engineering services for Public Works
Category "B" designs dprojects for 2002 through 2004, listed
herein in rank order, are accepted:
1. Louis J Aguirre & Associates, P.A.
2. Johnson, Hernandez Associates Inc.
3. Gartek Engineering Corporation (ALTERNATE)
Section 9. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms to provide
professional structural engineering services for Public Works
Category "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
1. San Martin Associates, Inc.
9. ' Avart, Inc.
3. EAC Consulting, Inc,
Section 10. The recommendation of the City Manager
approve the findings of the selection committee, pursuant to
Request or Proposals, as to the most qualified firms to provide
Page 4 of 7
professi 1 surveying and mapping services for Pubic orks
Category 'B" designated uroj ts for 2002 through 2004, listed
herein in rark order, are accepted:
1. PBS&J
2. Fernando Z. Gatell 2. L. S., inc.
3. Weidener Surveying and Mapping, F. A.
4, Craven Thompson & Associates, Inc,
5, Williams, Hatfield & Stoner, Inc.
6. Leiter, Perez & Associates, Inc.
Section 1.. The recommendation of the City V.anager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms to provide
professional value analysis and cost estimate services f Public
Works Category "B" designated projects for 2002 through 2004,
listed herein in rank order, are accepted:
1. A2 Group, Inc.
2. PBS&J
3. Grace & Naeem Uddin (ALTERNATE)
Sectiori 12. The recommendation of the City Manager
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firm to provide
professional air conditioning services for Public Works Category
"S" designated projects for 2002 through 2004, listed herein is
accepted:
1. Grace & Naeem Uddiri
Section 13. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as
he most qualified firm to provide
Page 5 of 7
02- 144
Firlt -47
LC)' 4/
professional life safety services for Public Works Category "B"
designated projects for 2002 through 2004, 1sed herein
accepted:
1. Gurri Matute, P.A.
Section 14. The recommendation f the City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals,
to the most qualified firms to provide
professional roofing services for Publi Works Category "
designated prcjects _ 2002 through 2004, listed herein in rank
order, are accepted:
1. Building Diagnostics Associates, EA
2. International Logistics Group
Section 15. The City Manager is authorizedl/ to negotiate
and execute Professional Services Agreements, in
forrn
be to the City A7.torney, with each firm in an amount rot
to exceed t'ne amount indicated in A.tachment "A" for each
specialty for each firm, with funds allocated from individual
project accounts.
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited tc those prescribed by applicable City Charter and Code
provisions.
Page 6 of 7
02 t44
Section 16. This Resolution she.:1 become effective
immediately upon its a opti n and sigraure of the Mayor,
PASSED AND 0 _T D this 14th
ATTEST:
42'2
Sy v Scheider
Acting Cit -irk
APRTO ,FORM AND CORRECTNESS:t/
day
uANDRO VILAREL
TY ATTORNEY
W5975:1,13
2/
of February
, 20C2.
If the Mayor does not sion this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shan become effective immediately
upon override of the veto by the City Commission.
Page 7 of 7
02-. 144
flH(——Id • e4 L 4 I LLtr1
ATTACHMENT "A"
ENGINEERINGENGINEENG OONSTRJCTI0N MANAGEMENT: $500, 000
ADA DISA2LE REQUIREMENTS;: $100,000
ARCHITECTURAL-ENGINEERIN SERVICES (Building & riing): .600,000
ARCHITECTURE: $600,000
ENVIRONMENTAL ENGINEERING: 600,000
GENERAL ENGINEER:NG: $700,000.
LAND5CAPE ARCY,1TECTURE: $400,000
MECHANICAL ENGINEERING: $200,000
STRUCTURAL ENGINEERING: $200,000
SURVEYING AND M;tPRING: $200,000
VALUE ANALYSIS AND COST ESTIMATE: $200,000
AIR CONDITIONING: $200,000
LIFE SAFE1Y: $200,000
ROOFING: $200,000
02- 149
Date: 1 7/2005
Commi
Type:
AGNDA ITEM SUMMARY FORM
FILE ID: D 5 0 0 i 0 2—
Requesting Department: C
eeting Date: /4/2005 District Impacted: all ((3)
Re ution LJ Ordinance LJ Emergency Ordinance
Discussion Item
Subject: Professional ervices Work Order for Zyscovich, the project e titled "Little
Cultural Comp
Purpose o e :
To authorize the City Manage o execute and issue a Work Order for e comprehensive design of the
Little Haiti Park Recreational ponent (B-30295) to Zyscovich, c. as the lead consultant in an
amount not to exceeed $1,080,00 with funds allocated from CIP o. 331412 entitled "Little Haiti
Park Land Acquisition and Develop
Background Information:
The City has established a capital improvement p under the Homeland Defense - Neighborhood
Improvement Bond program to design and cons • . cultural center in Little Haiti Park, located at
the intersection of N.E. 2"d Avenue and N.E. 5 Stre Miami. In December of 2004, the City
determined that this Project is best impleme d using a onstruction Management -at -Risk approach,
with Pirtle Construction, Inc. serving as th contractor an yscovich, Inc. ("ZYSCOVICH") as the
lead consultant of the design team; pursu t to Resolution 04-0786.
The City previously entered into an e m nt with ZYSCOV
Resolution No. 02-144 adopted on r ebruary 14, 2002. Under that
the City with professional design -ervices in the field of architeetur
years, with the option on the p of the City to extend the agreemen
to the City Manager.
dated June 24, 2002, pursuant to
ement, ZYSCOVICH provides
n an as needed basis for three
an additional year delegated
As a result of the fore o • • ZYSCOVICH has submitted a proposal for a W
("Work Order") to the y to provide the comprehensive design services for
to exceed $1,080,000 which has been reviewed and accepted by the Departmen
Improvements and ransportation.
Budget Impact Analysis
k Order Authorization
Project, at a cost not
Capital
NO itein related to revenue?
YES this item an expenditure? If so, please identify funding source below.
General Account No;
Special Revenue Account No:
CIP Project No: 331412
Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
StartUp Capital Cost: $11,526,510.00 S IS ST J T ()TED
Page 1 of 2
tenunie Cost: WOO
Tot Impact: $11,526,510.00
Final Approvals
ISIGN AND DATE)
Budget
CIP
Grants
Purcha 'n
Chief
iskMa rge
pt. Director
Manager
<SO i-ruTei)
Page 2 of 2