HomeMy WebLinkAboutAgreementPROJECT COOPERATIVE AGREEMENT
GRANTEE:
Miami Arts Museum of Dade County Association, Inc,
PROJECT: Miami Arts Museum
Project Location:
Grantee Project
Manager: Terence Riley, Director
Miami Bicentennial Park
Commission 2 (Sarnoff)
District
Notifications
Regarding
this Document
Marne
Address to
Name
Terence Riley, Director
Mailing
Address
Street
Address
Miami Arts Museum o
Association, Inc.
101 West Flagler Street
75-3000 305-375-1725
Miami
ray.
305-375-1725
State
FL
FL
Zip
33130
33130
CITY FUNDING AMOUNT:
Enabling Legislation:
$2,000,000 1 Funding Source
Resolution 07-
Total Estimated Project Cost: $2i 0
Project Description: Construction of
Bicentennial Park. This Phase so; by this
and permits necessary to allow = f," ruction
THIS AGREE
entered inta
Section'"
Florid=,''+'_
r`=r
331u..
Addre'r
reinafter
10 and the G
ven above.
RECITAJ
ents.
Homeland Defense/Neighborhood
Im • rovement Bonds
,ob Number:
pplicable}
/ /
B-78503
ated at the CITY of Miami
completed plans, specifications
o as the "AGREEMENT") is made and
the specified effective date as defined in
'yen the CITY O' MIAMI, a municipal corporation of the State of
�;"CITY"), with offices at 444 S.W. 2nd Avenue. Miami, Florida
med above, with offices located at the Grantee Street
The intent o Agree , s to outline the
respective expectati fiR �d il2 ions of the parties
regarding the spe ; cooperative capital
improvement project (the = •JECr) named above
and further defined in this document.
The GRANTEE has initiated and/or is responsible
for the completion of the PROJECT, for which it has
requested financial assistance from the CITY for
payment of certain allowable costs and expenses.
The CITY has adopted Enabling Legislation,
referenced above and incorporated by reference as
though set forth in full, to allow the CITY'S
-1—
participation in the PROJECT, and authorizes the
CITY MANAGER to execute the necessary
documents for this purpose.
WHEREAS, GRANTEE is to be the operator of
the PROJECT which will be a public museum, offering
a first class art collections, exhibitions, classes and
courses which will be located in an approved site in
the CITY of Miami Bicentennial Park (the "Museum
Site") for not Tess than thirty (30) years from the date
its doors open to the public;
WHEREAS, the Miami Art Museum to be located
at the Museum Site will further enhance the public
arts in an area adjacent to the Miami -Dade County
Performing Arts Center, and will further enhance the
Project Cooperative Agreement
artistic and cultural vibrancy and life of the CITY, and
of its residents and visitors;
WHEREAS, the PROJECT will be a significant
community asset, and the grant funds appropriately
employed by the GRANTEE in accordance with this
Agreement serve an important public purpose, and
accordingly the CITY has agreed to make the Grant to
the GRANTEE under the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of
foregoing, the GRANTEE and the CITY intend as
follows:
1 Definitions
1.1
DELIVERABLES: Items identified on Exhibit A
to be submitted to the CITY for approval prior
to proceeding to a subsequent task or activity
of the WORK and required as a condition for
reimbursement.
1.2 DIRECTOR: shall mean the CITY's Director of
the Department of Capital Improvements, or
his authorized Designee.
1.3 ELIGIBLE EXPENSES: For purposes
Agreement, Project -related costs that m
funded from the CITY FUNDING AMO
shall be defined to mean and include fees
4
professional engineers, .
architects, surveyors,
design profession z;
There shall be 4( i
passed to the 0 a�
engaged shall be tj
required by the taw.
These �G .-:re idenapp
! r' ;:;.:....elate
all be
ITY FUNDIN
;for re
�.UNT.
1.4 ;„i TIVE 'ATE: sh='fl
LI d Valorem Tax
"Hom De
Improve '`' fonds.' are i
made avai -w. • the CI t•
1.5 GRANTEE: A
landscap
bona fide
geotech `r i testing.
ark up on bh cost
All persons firms
'pensed = tl" , i9;d es
.
xhiblt I "t3
nses, and as
ement from
can ite the
' cis, Series 2007,
e/Neighborhood
Itd and the funds
-for-profit corporation
existing under the ++f . of the State of Florida.
1.6 GRANTEE Protect Manager: Person
designated by Grantee to manage and
supervise all activities relating to the
PROJECT.
1.7 INELIGIBLE EXPENSES: For purposes of this
Agreement, eligible expenses may not be used
for payment to employees, employee benefits,
day-to-day expenses, payroll, lobbyists, legal
counsel, or other obligations, debts, liabilities
or costs or GRANTEE. In addition, expenses
-2—
shall not include the costs of land or rights of
way, and fees for lobbyists, legal or tax,
environmental or regulatory counsel, auditors,
accountants, brokers and salespersons or any
other costs not expressly allowable by Section
1.5. There shall be no mark up by GRANTEE
on any costs, that is, only the actual, direct
cost incurred by GRANTEE may be billed to
the CITY for reimbursement.
1.8 PROJECT: .,$ 14011 mean all activities and items,
'not limited to the WORK,
rovide a functional and/or useable
ram for the use and enjoyment
F " ` put f:;;` s described above and as
ap(hfi ved by j h CITY Commission as
1.0PPropriate for Cf .articipation.
" WORK: Shall mean ivities and items
approved by CITY (or to be paid by
the C FUNDING AMO s identified in
Ex r revisions thereto.
M. Shall mean the period this agreement
effect, which shall commence on the
date and shall terminate no later than
ears from the effective date. The
*rovide the option to renew for two
ddih ria1 one (1) year periods upon the
+approval for satisfactory performance
an �Ri'gress.
2 CITY Representative: Except as otherwise
�stipulated herein, the DIRECTOR shall be responsible
.1'V render direction, assistance and decisions to
'GRANTEE regarding this Agreement. The
DIRECTOR shall assign a Representative to handle
the day-to-day, ministerial and other matters relating
to this Agreement.
3 Assistance From CITY: The CITY agrees to
provide the following:
3.1 Financial assistance in an amount not to
exceed $2,000,000, the CITY FUNDING
AMOUNT, from the designated FUNDING
SOURCE for the WORK approved by the
Enabling Legislation and as further specified in
the attached Exhibit A. CITY shall have no
obligation to fund any amounts in excess of
the CITY FUNDING AMOUNT. Said funds will
be paid on a reimbursement basis to
GRANTEE as set for in Section 11 herein.
3.2 Other Assistance — not applicable
4 Grantee Responsibilities:
4.1 The GRANTEE shall ensure the timely and
satisfactory completion of the WORK relating
Project Cooperative Agreement
directly to the PROJECT within the Total
Estimated Project Cost and within the Time for
Performance as specified in Exhibit A to this
Agreement.
4.2 GRANTEE shall provide all additional funds
above the CITY FUNDING AMOUNT to
complete the PROJECT up to the Total
Estimated Project Cost, including without
limitation any Cost Overruns and/or change
orders for the WORK.
4.3 The GRANTEE shall manage and supervise
all aspects of the WORK including without
limitation, designing, engineering, scheduling,
permitting, materials, labor, means and
methods of construction, and the hiring of
contractors, consultants, and suppliers the like.
4.4 The GRANTEE shall fund the cost of all
WORK from its own resources and seek
reimbursement from the CITY in the manner
set forth in this Agreement.
4,5 Any advance payment of the CITY FUNDING
AMOUNT and funds of the GRANTEE,
maintained in separate and independd
accounts to be used solely and exclusives'
the PROJECT.
4.6 Unless otherwise apprpy 4 4
Commission, GRANTja">'j t4Jt9f'
to any unspent fund , the CI
AMOUNT shout • ,q .. ORK be
a cost less < �; q,k . the CITY
AMOUNT. 1
4.7
If the 0
than
5 `d: rs
GRAN
specificat
acceptance b
CITY.
f,;ompleti
AM
Of the s
the CI
iE be entitle
, NDING
cit!Yileled at
NDING
h3 •: The palr': agreei t the
hall be the o r, of t jplans,
�
and permits, after q: completion and
rtstruction by th&GRANTEE and the
6 Homeland D' ii a :ij{iids, Condition
Precedent: Where the 4 , ifNDING SOURCE for
the FUNDING AMOUNT, °w"-; =1ty portion thereof, has
been identified as the Limited Ad Valorem Tax Bonds,
Series 2007, "Homeland Defense / Neighborhood
Improvement Bonds" (the "Bonds"}, it is a condition
precedent to the CITY'S ability to lawfully enter into
this Agreement that the CITY receive a favorable
recommendation from its Bond Oversight Board
stating that the CITY may apply a portion of the
proceeds of the Bonds to fund the . specified
PROJECT pursuant to the terms, covenants and
conditions of this Agreement. This condition has
been fully performed as the Bond Oversight Board
approved the CITY FUNDING AMOUNT for these
stated purposes at its meeting of , 2007.
Land and facilities acquired, developed, improved or
rehabilitated using Bond proceeds shall be dedicated
and maintained in perpetuity for the benefit of the
general public. Alt sites and/or facilities receiving the
benefit of Bond proceeds shall be open and/or
accessible to the public at reasonable times and shall
be managed in a safe and attractive manner
appropriate for public ,use. Equipment acquired using
Bond proceeds sh •i� to , used for a bona fide public
purpose and th -., all be no resulting, or only
incidental, priv enefit.
7 Pro'e
In additio ' 10 those 'i' , s listed on Exhibit A as
Dejty';p'bles, the DIRE or his duly authorized
IOit}rree, may require for ti1F::.iew and approval all
ite'cifications and/or pr pt: •ry or design
bcuments an cost estimates rogress phases
eemed app late by the DIREFt. GRANTEE
.,00 dul der and implement 'comments and
04301. gested by the DIRECTOR from such
peu' iews. Throughout the preparatory or
desig ess, GRANTEE shall use its best effort to
ensure he WORK and the PROJECT can be
,compleed ''.`'in the CITY FUNDING AMOUNT and
Estimat 2ject Cost, respectively.
nts shall be forwarded to the
(RECTO ` 6r his • review and approval as to
consistency with the PROJECT as presented by
GRANTEE to CITY, and said approval by DIRECTOR
,shall not be unreasonably withheld, conditioned or
Lela ed. In the event the DIRECTOR fails to
.t,,domment in writing on such documents in writing
within thirty (30) days of their transmittal to him, the
" documents will be deemed approved without the
necessity of further action.
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GRANTEE shall keep DIRECTOR informed as to the
progress of the PROJECT by submitting progress
reports quarterly within 30 days of the month following
the end of each quarter ending December 31, March
31, June 30 and September 30. The report should
provide information regarding project status, activities,
funding raised and expended.
8 Changes to Scope of WORK: In order to
assure that the WORK and the PROJECT can be
completed within the CITY FUNDING AMOUNT and
Total Estimated Project Cost, respectively. The
GRANTEE may request adjustments to the scope of
WORK identified in Exhibit A. Such adjustments and
any revisions to Exhibit A shall be at the sole
discretion of the DIRECTOR. There shalt be no
modification in scope that, solely in the opinion of the
DIRECTOR, negatively impacts or reduces the
Project Cooperative Agreement
standards of quality or aesthetics incorporated into
the PROJECT as originally presented to the CITY.
9 Match Required:
The GRANTEE shall identify, secure and expend
$2,000,000 (Two million dollars) as the required
matching funds for the CITY FUNDING AMOUNT.
Funds raised by the Grantee shall be certified by an
audited financial statement prepared by and
Independent Certified Public Accountant. Any portion
of the GRANTEE. match funds not substantiated will
result in a proportionate reduction in the CITY
FUNDING AMOUNT. The GRANTEE shall have no
recourse from such reduction.
The use of Matching Funds shall be restricted to the
Eligible Expenses defined herein. Any expenditure of
Matching Funds occurring prior to , 2007 are
not Eligible Expenses.
10 Reimbursement Requests.
10.1 The CITY FUNDING AMOUNT will be
disbursed as reimbursements as invoices and
cancelled checks are received.
10.2 GRANTEE shall submit a detailed invoftor
reimbursement request, as required by Seim
3.1, which complies with Florida's Pro'-
Payment Act, §218.70, FW0;tat, (2003) to th
CITY for all Eligibles.,lgting to the
WORK performed d.., . ,the prec ikg period,
along with Allsonable su li OntlatIng
documentation " requested the
DIRECTOR, inci ng, witho, i iEa Ration,
?;ii iei„
rformed,'the
forty-five (45)
receives a
peted reimbur ' t regrf;including a
copies of invoices :00, car
Providecj .\NORK he8y n;1
CI °� „• ment4 f
d } er th : the
e o
10.3 Th
and
noted i
receivin
FUNDING A
tciently detailed inv
g
�NTEE shall subsitihate its cbllection
diture of the 10hing funds, as
on 9, for the iROJECT prior to
If
ursem I�'of the CITY
10.4 In no event, howeIShall the reimbursement
for soft costs exceed 17% of the total amount
of the Bonds issue.
10.5 City will not make reimbursement of any
expenses occurring before , 2007.
11 No damages for D9lay. In the event of any
delays to the PROJECT and/or WORK, GRANTEE's
sole remedy shall be to seek an extension of time
from the DIRECTOR. GRANTEE is not entitled to
delay damages under this Agreement or under any
-4—
related agreement with the CITY. The CITY will not be
liable for any delay damages or damages in any way
attributable to performing work out of sequence,
acceleration claims, Eichlea formula claims, or other
similar type claims, work slow downs, inefficiencies,
sequencing issues, strikes, lockouts, reduced
productivity, or even Acts of God.
12 Insurance and Bondinq
12.1 Insurance: The CITY's Risk Management
Administrator,r<(eserves the right to require
GRANTEE sprIp ='to commencing the WORK,
to il1
provud�l?1tte CITYs Risk Management
with evidence, consisting of
spr policies of insurance
?enting({;, builder's risk insurance; and
i (b)°`eneral liablt) ,insurance, (c) professional
(iabtlity insurance ity, CiTY of Miami shall be
:114,'a named insured o �;' Nubility policies relating
to the WORK.'„^
2.2 pav ="=''` band Performanond: Where
includes the construction of
ements, prior to commencing the
K, GRANTEE shall provide to the CITY's
Management Administrator a copy of the
nt and Performance Bond from the
,contractor in substantially the form
,Ifor a public construction bond by
:05, Fla. Stat. (2003). The CITY
tea named obligee on the Payment And
Pe"r1'ance Bond required by this section
which shall be in anamount not less than the
CITY FUNDING AMOUNT allocated for those
improvements. As allowed under the
provisions of §255.05(7), Florida Statutes
(2003) the CITY'S Risk Management
Administrator may, in writing, decide 10 accept
an alternative form of security in lieu of the
Payment and Performance Bond, in such form
and amounts as may be reasonably required
by the CITY's Risk Management Administrator.
12.3 The CITY's Risk Management Administrator
shall be given at least 30 days prior written
notice of any cancellation, lapse, or material
modification of said insurance coverage and/or
bond.
13 Indemnity
The GRANTEE shall indemnify and hold harmless the
CITY and its officers, employees, agents and
instrumentalities from any and all liability, tosses or
damages, including attorneys' fees and costs of
defense, which the CITY or its officers, employees,
agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this
agreement by the GRANTEE or its employees,
Project Cooperative Agreement
agents, servants, partners, principals or
subcontractors. The GRANTEE shall pay all claims
and losses in connection therewith and shall
investigate and defend all claims, suits or actions of
any kind or nature in the name of the CITY, where
applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorneys' fees which
may issue thereon. Provided, however, this
indemnification, when applied to negligence actions,
shall only be 10 the extent and within the limitations of
Section 768.28, Florida Statutes, subject to the
provisions of that statute whereby the GRANTEE
shall not be held liable to pay a personal injury or
property damage claim or judgment by any one
person which exceeds the sum. of $100,000, or any
claim or judgment or portions thereof, which, when
totaled with all other claims or judgment paid by the
government entity arising out of the same incident or
occurrence, exceed the sum of $200,000 from any
and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise
as a result of the negligence of the GRANTEE. The
limitations in Section 768.28, Florida Statute shall only
apply to indemnity claims relative to negligence
actions, otherwise (e.g. for contract and all other civil
actions) this indemnity is not so limited.
14 Audit Riehl. Pursuant to the ap
provisions of §18-100 to §18-102 of the Code
CITY of Miami, as amended from time to time
are deemed as being incorporated by refere
herein, the CITY may audit TEE's recor
t busines
o ; 7fti during
nd for thre=j;, ) years
relating to this Agreement,
hours, at a location within
the term of this Agree
thereafter.
15 Ack
owled
ement
Co
consideration th
or constru
CITY's n
facility
prowamou
credit li
related to
press releas
broadcast media,
PROJECT IS SU
THE CITY OF MiAMi
go,
e facility
0 providi
a
anner cons
0 other donors
e GRANTEE mus
promotional fi etin all p � k 9
l;..., 'Medals
f� ding including vyi sites, news and
ublic servic ,finnouncements,
rams, and..=4n'lications: "THIS
TED s,1t� FUNDS FROM
16 Compliance With Laws. GRANTEE and the
CITY shall at all times comply with all applicable
municipal, county, state and federal laws, ordinances,
codes, statutes, rules and regulations, approved
development orders, and written CITY of Miami
Guidelines governing the design and construction of
the Improvements and the granting of funds for use
thereof.
3
tally p_'"``:
'the CITY, the
pear on the
edgment
funding
Olpwing
17 Miscellaneous
Project Cooperative Agreement
-5-
17.1 Enforcement. The provisions of this
Agreement may be enforced in Miami Dade
County by all appropriate actions in law and in
equity by any party to this Agreement. In order
to expedite the conclusion of the actions
brought pursuant to this Agreement, the
parties, their successors and assigns will not
demand jury trial nor file permissive
counterclaims outside the bounds of this
Agreement in such actions. Each party shall
bear their own respective attomey's fees. A
court of corpjtent jurisdiction may award
court costs;44��,,! 0i:evaiiing party.
17.2
17.3 CITY
cs:
Cou
ex
sep
p nterparts,
6gether shall be
same instrument.
This Agreement may be
number of counterparts and
arties hereto in separate
of which when taken
ed to be one and the
Yp_
!�. teals. The "CI a municipal
corpsri$. , and the CI +', enager as its
oministrative Officer, or the DIRECTOR
e CITY Manager's designee, is
owered to make all decisions with regard
Is Agreement on behalf of the CiTY,
otherwise provided by law or by
of the CITY Commission.
Ase This Agreement
tr i'ii ot be assigned, sold, pledged,
hypo eeated or encumbered, in whole or in
part, to any third party or business entity,
contract vendee, successor , assign or to an
institutional lender providing funding for the
PROJECT, without the prior approval of the
Miami CITY Commission. The CITY is relying
on the commitment, skill and reputation of
GRANTEE in performing this work and may
withhold or cancel funding in the event there is
any assignment, pledge, sale or other
disposition by GRANTEE without having first
secured the approval of the CITY Manager or
his designee, which may be unreasonably
withheld or delayed.
17.5 Notices. Any and all notices required or
desired to be given hereunder shall be in
writing and shall be deemed to have been duly
given when delivered by hand (including
recognized overnight courier services, such as
Federal Express) or three (3) business days
after deposit in the United States mail, by
registered or certified mail, return receipt
requested, postage prepaid, and addressed to
the CITY Manager and/or Director for the
CITY; and President/CEO of the GRANTEE as
applicable at the address for such party set
forth in the introductory paragraph to this
Agreement (or to such other address as any
party hereunder shall hereafter specify to the
other in writing).
17.6 Construction. The section headings contained
in this Agreement are for reference purposes
only and shall not affect the meaning or
interpretation hereof. All of the parties to this
Agreement have participated fully in the
negotiation of this Agreement, and
accordingly, this Agreement shall not be more
strictly construed against any one of the
parties hereto. In construing this Agreement,
the singular shall be held to include the plural,
the plural shall be held to include the singular,
and reference to any particular gender shall be
held to include every other and all genders.
17.7 Exhibits. All of the Exhibits attached to this
Agreement are incorporated in, and made a
part of, this Agreement.
17.8 Amendments; Termination. This Agreement
may not be amended, modified or terminated
except by written agreement of the parties
hereto. Further, no modification or
amendment, excepting a termination kit
by the CITY under Section 18 herein, s.
effective unless in writing and executed'
parties, employing the same formalitie
• were used in the execution of this Agreeme
17.9 OSHA, The GRANT : ydrra,that it wi
comply with all safe .. caution3 '".required
by federal, st " k' ` local I , rules
regulations a if 'dinances. CITY
reserves the righ .fuse GRAN ' access •
to CITY property, in l�jng pro n;pi
GRANTEE Y
emplo aam, ii
�.;.
equi' ° �'' f .ty gedt iinaccordance wit..
0 ; , : f tfb ' {G .. if a �ing pattern of
m liana •.1 afcet`'�1''""�
p csi-s y � ,,.emulations is
bited by GRANT
..,, ill ,
ligr
17.10 A► ; ;; , the course of "pr \tiding array work,
labor ..; services fund .';by the CITY,
GRAN r its agents representatives,
as appy shall affirm'(yely comply with
all appticabl ision - e Americans with
Disabilities A
{ r'F"'tiding Titles I & !1 of
the ADA regardi discrimination on the
basis of disability, =rid related regulations,
guidelines and standards as appropriate.
Additionally, GRANTEE will take affirmative
steps to ensure non-discrimination in
employment of disabled persons.
18 Default, Termination.
18.1 In the event of default, CITY shall suspend or
withhold reimbursements from GRANTEE.
The GRANTEE agrees to repay the CITY on
or before thirty (30) days from the date the City
-6—
Project Cooperative Agreement
Manager declares default of the Agreement
that has not been cured to the satisfaction of
the City Manager in accordance with Section
17.3 of this Agreement. In the event of default
the FUNDING AMOUNT will be considered a
loan from the CITY and the CITY may institute
any civil actions available by virtue of Florida
law, including without limitation, moneys lent
and/or open account, among others, to recover
such funds. Any amounts not paid when due
shall accrue interest at the highest rate
permitted by (7(grida law.
18.2 Default4,
may
fop
,l62,1 GRANTEkk; iJs to obtain the insurance
or bonding herdic mired.
l�J
18.2.2 GRANTEE fails''' ";; comply, in a
subsj, tial or material se' ,with any of its
du ( rider this Agreem f;" any terms or
Pons set forth in this Agreement, or
yAgreement it has with the CITY , its
ichitect, engineer or contractor arising by
e of this Agreement, beyond the
Med period allowed to cure such default.
ubsequent termination for cause
Ia without limitation, any of the
I1
'NTEE fails to complete the
vements in a timely manner as
ed by this Agreement.
18.3 Termination for Cause. Force Majeure. In the
event of a default, which is not cured within
ninety (90) days following the date of a written
notice mailed as provided in Section 17.5, the
parties shall have all rights and remedies
provided by law or equity, subject to the
limitations of this Agreement. The CITY
Manager may grant one additional extension
of not more than ninety (90) additional days in
total if such failure to cure is due to Force
tvlajeure as that term is interpreted under
Florida law.
18.4 This Agreement and/or the CITY's funding
obligations under the Agreement may be
terminated, for cause, at the option of and by
the CITY Manager, if any default is not cured
by GRANTEE or GRANTEE does not comply
with any material terms, covenants or
condition provided herein within ninety (90)
days from the date of a written notice from the
CITY Manager; or when, in the opinion of the
CITY Commission, termination is necessary to
protect the interests of public health, safety or
general welfare. This subsection shall not
apply during any period of Force Majeure
extension pursuant to Section 18.3.
18.5 The laws of the State of Florida shall govern
this Agreement. Venue in any civil actions
between the parties shall be in Miami -Dade
County, Florida. In order to expedite the
conclusion of any civil actions instituted by
virtue of this Agreement the parties voluntarily
and mutually waive their respective rights to
demand a jury trial or to file permissive
counterclaims in civil actions between them.
Each party shall bear their own attorney's fees.
19 No Third -Party Beneficiaries. Neither the
CITY nor GRANTEE intends to directly or
substantially benefit a third -party by this Agreement.
Therefore, the parties agree there are no third party
beneficiaries to this Agreement and that no third -party
shall be entitled to assert a claim against either of
them based upon this Agreement.
20 Authority of GRANTEE Signatories. The
undersigned executing this Agreement on behalf of ,
IN WITNESS WHEREOF, the parties h
year first above written, which shall have an effect`
WITNESS
Signature
Print Name, Title
ATTEST:
Grant
(Affirrfr ;
ATTEST:
tcretary
ntee Seal, if avaital
Priscilla Thompson, City
teak
APPROVED AS TO INSURANCE
REQUIREMENTS:
GRANTEE has authority of record pursuant to the
attached Corporate Resolution, and all applicable
laws of the State of Florida to act on behalf of and
bind GRANTEE to every condition, covenant and
duty set forth herein.
21 Contingency Clause. Funding for this
Agreement is contingent on the availability of funds
and of continued authorization for program activities
and is subject to termination due to lack of funds or
authorization, reduction of funds, and/ or change in
laws or legal requirements.
I,yS Station.
22 Joint P ' = o ation. Preparation of this
Agreement buj1•r,. = ,p a joint effort of the CITY and
GRANTE :' 'esulting document shall not,
solely a's'e matt t' €,, ; judicial construction, be
cons .(wd more severaly against one of the parties
t " other.
executed thi ;;,Agreement
ate of.
.d
,the day and
GRANTEE, Miami Arts Museum of Dade County
,Association, Inc., a Florida Not -For -Profit
Corporation
e Riley, Director
(Corporate Seal)
CITY OF MIAMI, a municipal corporation of the State
of Florida
Pedro G. Hernandez, City Manager
APPROVED AS TO FORM AND CORRECTNESS:
LeeAnn Brehm, Director Jorge L. Fernandez, City Attorney
-7—
Project Cooperative Agreement
Risk Management Department
-8—
Project Cooperative Agreement
EXHIBIT A
DETAILED PROJECT INFORMATION
ITEMIZED SCOPE OF WORK, PROJECT BUDGET, TIME OF COMPLETION
SUBMITTED BY:
Date
A
PROJECT ELEMENT!
TASK
13
CITY FUNDING AMOUNT
C
OTHER SOURCES
D
ESTIMATED COST -_.
E
DELIVERABLE
F
Estimated Completion
Time
(Soft Costs) Architects,
Engineers
`
¢ _:
1 -,764
Design Architect and
Executive Architect
Knz x `
$9,269,835 '
` ~,•- .
MEPIFP Consultants
''
$2,229,959
•''
Yr•
Stnictural Consultants
f
� ''
$1,114,979
Civil Engineers
`�,,
Geotechnical Investigations &
Engineering
: r :,
$155,000
Site Survey
Landscape Architect
'-•
Consulting Fees
Digital Systems
Consuttant/Technology
Consultant
' =
'
=
$5$ 000
-
1
Architectural
conservation/probes
ve
= s = ° '.
=7,40
-
$o
Daylight/thermal studies
,
:
;
F
$100,000
Preconstruction services
�,,
'
y_
,.
S75,003
Curtain walVEnvelope
Estimator
=
-__
$50,000
Estimator
$145,000
Lighting consultant
$200,003
Acoustical/audio visual
consultants
s ,_}
,_
$125,006
Elevator/Escalator consultant
- -
-
�`
$50,000
-_
Security consultant
$110 000
Programming/planning
_
S50,000
•
Food service consultant
,z-
$100,000
-
Sgnage/graphics designer
f "°.-
;h
a
$350,000
Code consultant, expeditor
$55 000
Existing conditions
drawings/survey
-
$p
Retail consultant
S50,000
Monitoring
$4
-9--
Project Cooperative Agreement
Air flow testlCFD Analysis
$50,000
Controlled
Inspections/Testing
$270,000
Water Feature Consultant
$76,000
Environmental Engineer EIS
575gr:
LEED's Consultant
Traffic
MIK, so
Expeditor
-;l_';:::•^n
Document Peer Review
IN ;y
Direct Travel and Expense (
4% of consultant fees)
,
-
`_:x_ $759,841
Consultant Reimbursable ( 9% of Consultants fees)
4
$1,709,755
.
FF # E
'
4
58;769,750
Owners Items
s:, _
ra; 184,303
Total Base Project
= `i ?D6,150,346
Owner's Contingency
-=iir Tit'
' n i-,- $5,000,000
"
Total Including Owner's
Contingency,..-.'1
--
sj~
50,346
The Project Elements /Tasks listed above with an amount listed in Colu
A shall constitute the PROJECT. The GRANTEE shall all PROJ
Time Of Perfromance: WORK Begins =;� and End
PROJECT Begins -nd Ends
-10—
Project Cooperative Agreement
NT, shall constitute the WORK; all items listed in Column
scribed above within the time specified.
APPROVED BY:
Date
Director
Project Cooperative Agreement
EXHIBIT B
ENABLING LEGISLATION
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