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HomeMy WebLinkAboutService AgreementAGREEMENT FOR SERVICES • • THIS AGREEMENT made this 2$ `day of u•tine' in the year Nineteen Hundred and Ninety Nine BY AND BETWEEN BUILDING CONSTRUCTION (BC), DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, hereinafter called the AGENT or BC, and CITY OF MIAMI P[JBLIC WORKS DEPARTMENT • RIVERSIDE CENTER, 8TH FLOOR 444 SW 2ND AVENUE MIAMI, FLORIDA 33130 herinafter called the CLIENT or OWNER. WITNESSETH, that -whereas the CLIENT wishes to retain the services of BC, as permitted by Chapter 255.31, Florida Statutes, for providing certain program management services for the Project described on the cover page of this Agreement. NOW THEREFORE, BC and the CLIENT, for the considerations hereinafter set forth, agree as follows: Article 1. BC agrees to furnish those Program Management Services described in the attached Exhibit I, which Exhibit I by reference and attachment hereto forms a part of this Agreement. Article 2. The Project Budget is as shown in the attached Exhibit II, which Exhibit II by reference and attachment hereto forms a part of this Agreement. Article 3. The proposed schedule is as shown in the attached Exhibit III, which Exhibit III by reference and attachment hereto forms a part of this Agreement. Article 4. BC is authorized and requested to enter into agreement or assignment with architects, engineers, contractors, etc., using BC forms and procedures, for the design, bidding and construction of those parts of the Project. The CLIENT understands and agrees that those agreements will designate BC as the AGENT for the OWNER and will contain a provision substantially as follows: The entity that will occupy, use and own the Project upon substantial completion is City of Miami, Parks and Recreation Department, Miami, Florida. The funds with which the compensation of the arc iitt Cts, engineers, contractors, etc., will be paid are under the control of City of Miami. Parks and Recreation and Public Works Departments, Miami, Florida. Payments under this contract, as prescribed hereinabove, will be made by either City of Miami, Public Works Department or the Parks and Recreation Department. Miami. Florida, based on approval of each payment by BC. Department of Management Services, State of Florida. CLIENT agrees that, although it will not execute those agreements, the agreements shall be deemed to be the agreements of the CLIENT in view of the fact that the funds are under the control of the CLIENT and BC will not have responsibility to make payments on the agreements. Article 5, CLIENT agrees to designate a representative for the Project to be solely responsible for all CLIENT actions under this agreement, and who will receive, review and respond in a timely manner two all questions and requests from BC; and to pay, within thirty (30) calendar days, all invoices approved by BC and [ranLmitted to the CLIENT for payment. not exceeding the portions of the budget shown on the attached Exhibit II which have been activated in writing by a letter from the CLIEN"I" s representative to BC. Article 6. BC does not guarantee the Project can be completed within the budget shown in the attached Exhibit II, but does agree not to commit funds in excess of this budget without mutual agreement and an Amendment to this agreement authorizing such increase. Article 7. BC's administrative fees for the various program management services are based on services as shown in Exhibit I and shall be as follows: FIFTY SEVEN THOUSAND, SEX HUNDRED THIRTY SIX HUNDRED THIRTY SIX DOLLARS ($57,636.00) If the Project Budget is increased in excess of $250,000.00 or if the Construction Schedule exceeds 12 months then BC fee shall be increased by 2.2% of the revised budget in excess of $2,650,000.00. If the Construction Schedule can be reduced BC's fee shall be reduced by $4,803.00 per month or a prorated thereof. If the Construction extends beyond 12 months due to no fault of BC, the fee will be $4 803.00 per month or a prorated portion thereof. Article 8. BC's administrative fees prescribed in Article 7 herein above, will be invoiced once for the total amount due and payments are to be made in 12 consecutive monthly payments against the invoice based on ,n 12 month final completion date. $57,636.00._:12 months. S4,.803,00 12 Equal Monthly Payments of.$4,803.00 Article 9. Additional Services will be performed for a separate fee to be negotiated and authorized later. Such services may include, but are not limited to the following: Special Board meetings or workshops Article 10. This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. In case of termination, BC, its Contractors and Architect -Engineer's shall be paid for services performed up to the date of termination and any reasonable additional costs that BC, it's Contractors and Architect -Engineers may incur as a result of terminating this agreement. Article I1. insurance The BC covenants and agrees that all contracts between BC and other third -parties regarding the performance of any work at the Project shall contain, as a minimum, the following: a) an indemnification and hold harmless agreement to in favor of the City of Miami from all claims arising out of the performance any work on the property. b) a requirement that the City of Miami be named additional insured in all liability policies. BC agrees that its contract with the CM will contain a requirement that all of the CM's subcontracts relating to this project contain the same indemnification language as (a) & (b) above. BC further agrees to provide to the City with a copy of all such agreements and the contractors insurance policy prior to the commencement of any work under any such contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Attest: By: /IWa�I. Foan,'City Cler Approved as to Insurance Requirements: Mario Soldevilla, Risk Management As Witnessed: CLIENT CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA B Y: nald ' W. ity Manager Approved as to Fo+�i Correc ess: AGENT B y Attorney Drip BUILDING CONSTRUCTION, DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA Approved: By: H.R. Hough Contracts Administrator Approved As To Form And Legality: Bv: Office of General Counsel. Department of Management Services State of Florida