HomeMy WebLinkAboutR-78-0241RFC/tb
3/28/78
RESOLUTION NO. 7 8 2 4 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH CARLENE
JABS, ARCHITECT, TO PROVIDE PROFESSIONAL
ARCHITECTURAL SERVICES FOR THE REMOVAL OF
ARCHITECTURAL BARRIERS FROM 2 CITY POOLS -
SPECTAL PROJECTS FOR ELDERLY AND HANDICAPPED,
TARGET AREA=WIDE REMOVAL OF,ARCHITECTURAL
BARRIERS, SAID POOLS BEING CURTIS PARK SWIM-
MING POOL LOCATED AT 2300 NORTH RIVER DRIVE
AND MORNINGSIDE SWIMMING POOL LOCATED AT
850 N.E. 55TH TERRACE; USING FUNDS THEREFOR
FROM 3RD YEAR FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to execute the attached agreement with Carlene Jabs, Architect,
to provide professional architectural services for the removal
of architectural harriers from 2 City pools - Special Projects
for Elderly and Handicapped, Target Area -Wide Removal of Archi-
tectural Barriers, said pools being Curtis Park Swimming Pool
located at 2300 North River Drive and Morningside Swimming Pool
located at 850 NE 55th Terrace, with funds therefor from 3rd
Year Federal Community Development Block Grant Funds.
PASSEL) AND ADOPTED this 7th day of April, 1978.
ATTEST;_
Maurice A. Ferre
MAURI CE
Atiy
RALPNGIE, CITY CLERK
PREPARED AND APPROVED BY;
t ... ,,
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
A. FERRE, MAYO R
APPI
S TO FORM AND C
I .
GEO GE 1•' L NOX, JR„ CITY
NESS:
„DOOUt:E T ,. NDEX
ITEM N0.
CITY COMMISSION
MEETING OF
APR/ 1978
IInoumon , o.............
i
•
1 jtr .ort7ICE MEMORANDUM
Joseph R. Crassie
City Manager
Albert H. Howard; U1rector
Department of Parks and Recreation
March 31, 1978
Resolution Number 78-219 Authori2ifg
the City Manager to Negotiate an
Agreement with Carlene Jabs
rF't E..`iC ES
Since Resolution Number 78=219 was passed and adopted on March 23,
1978, the Administration's Consultant Selection and Negotiating
Committee met with Carlene Jabs, Architect. Members of the committee
in attendance at this meeting were staff from Parks and Recreation,
Public Works and Community Development.
This committee recommended Carlene Jabs as first ranked firm,
because Ms: Jabs' background and credentials were excellent as
they apply to this project. Additionally, Ms. Jabs perspective
seemed very progressive and concerned with attention to detail.
Ms. Jabs plans for retrofitting two (2) City pools were in
general, quite well thought out. Also, based upon S100,000.00
budget for construction, her proposal was the lowest bid at 6"
of any firm interviewed.
Since the passage of the resolution, staff from Parks and Recreation
and Public Works developed a draft agreement which was sent to the
Law Department to review for form legality. The agreement was sent
back to Parks and Recreation who then contacted Ms. Jabs for her
examination and signature. The agreement was then sent to W.E. Parkes,
Director of Public Works for approval and then was sent back to the
Law Department, so they can develop an accompanying resolution.
cc: Max R. Forman
7 8 — 24 1
A 1 R E E 4 n T
THIS AGREEMENT made this da';' o"
1978
by and between THE CITY OF MIAMI, a Municipal Corporation of the
State of Florida, hereinafter called CITY and CARLENE JABS,
ARCEil t:C T , hereinafter called ' ZINCIT
W T E.�i.�lii:�
THAT WHEREAS, the °ITz proposes to construct modifications
to Curtis and : orninr.ci:ie ParkC Sti•:immin t Pools at 2300 N. W. North
River Drive and 850 N. E. 55 Terrace, to eliminate architectural
barriers to handicapped persons, , nfter fti ? a PROJT7°T; and
IE:ERF tS
the CITY desires to en;-ak-,e an architectural-
V .� :.' .•. firm
the necessary ' t » f e `3technical
engln L z:t� 11_:n to render �i: n ces:s r._ professional s:�20ria1 and
services horeins.fter calle.. !' nRK for the planning, desi'n and
consultation e PR.. ti _CT u r, the terms, i ti r
construction of the PROJECT c: ... ..� upon .. .ate, conditions
na
and, '7, o•V ._ _sor..: hereinafter er .le„
r�
th; and
WHEREAS, the CITY MANAGER has received nroposals for
arc i v vura1-enrinee= i.'cervices and has submitted his a inding s
to the City Commission for its considerations; and
WHEREAS, the Commission of the City of Miami by Resolution
No.78--2/9 adopted 3 23• 'TE selected CARLENE JABS,
ARCHITECT.and authorized and di'ecoed the CITY MANAGER to negotiate
re r with her '' r: the nr'o s i ?technical rT
an �.:;: me: t :�r.�;,h h _ .o_ the , _ _ L.�s�o;;a_ and _ services
required for the PROJECT; and
NOW, THEREFORE, the CITY and the PRINCIPAL for the considerations
hereinafter set forth, agree and covenant, one unto the other as
follows:
SECTION I - GENERAL
"SUPPORTIVE
DOCUMENTS
FOLLOW"
A, The PRINCIPAL and the CITY are fully aware of the project
schedule that must be met and will therefore proceed with all
diligence to carry out the WORK to meet such requirements, The
PRINCIPAL shall proceed with all applicable dispatch in a sound,
econorical q of fic i'nt an.1 professional manner 3 in 1•_1din
preparation of phased cr incremental bi1dinp' documents for
construction insuring that the :r1visionr of all applicable
Federal, State and Local laws will be met; and
B. Th•. PRI JCIPAL shall nerf� the professional echnical
„_ �. .� r^• i and t
services az hereinafter set forth and in r -neral accordance with
the instruction : of the CITY, and the rnn'j remnr.t3 of the U. S.
Department of Housin„ and Urban Develorraent, and
C. The CITY has budgeted the amount of v1O0,000.00 for the
total project cost of the modifications to Curtis and Morningside
Parks ^ ;l:;i t -. Pools. This amount includes the following:
gt
1. $90,000.00 for the construction of modifications
to Curtis and Morningside Parks Swi--in -5 Pools
to include the following
a. Site modifications
b. Building modifications
c. Sw±rr ir~ ncol modifications
d. Special equipment, hardware and signage
e. Demolition and clearinr
f. Special Furniture and furnishings
2. The LUMP SUM FEE for the selected architect providing
the required professional eriineering and architectural
services.
3. All tests required for the PROJECT.
4. All inspection and administrative costs to the
PROJECT.
D. The PRINCIPAL shall design the PROJECT within the funds
available to the CITY for this purpose; and
E. The CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all the professional and technical services
rendered, as outlined in SECTION III- PROFESSIONAL SERVICES,
hereof the LUMP SUM FEE OF SIX THOUSAND DOLLARS ($6,000.00),
A CITY 'a r' r the City
f ! � Florida,i hereby defined �.;- �h ��;,� of I amp, .
B. CITE` :'iA:A1 j IS hereby defined as the City ;43nattcr of
the CITY,
r.� roo o`' e
C. DIRECTOR - i, hereby defined as the DiI t��r � th..
Department of Public erl.o of the CITY,
D. PRINCIPAL - is hereby defined as CABLE''''' ARCHITECT.
E,
PROJECT - 1.3 hereby defined as the construction of
Modifications to Curtis and :.102^Ilil7f".^ ide Parks Swimming Pools to
eliminate architectural barriers tohandicapped persons.
r .WORK - is hereby defined as all the professional and
technical ser7i-.2s t
.cam' rendered for pro'. `do by the PRNC1PA
for the PROJECT as described in SEC.:1Ota TIT - : ROF17SSIOH •L
„ . •r�.�.vSCE"
Shereof.
.
�: a..uu •
G. CCNCTRUt 1 ;..i:. COS? - is here • defined as the total final
co:.struo t o•n csntra'ct cost of the to the CITY includ in
any cost of furniture or fu_rnic3:in7 or unattached ecu°rnent
purchased by the CITY but it shall not include any PRINCIPAL'S
fee.: or s'secial consultant's fees or the cost of any survey,
ler•alfinance administrative or similar services and land
acquisition furnished by the CITY.
H. LU::P :u.. - is hereby definedthe t ♦� e r _as amount of mop:_;
the CITY
a i
arr»..e3.
to pay and the PRINCIPAL agrees to accept as
payment in full for all the prof ess i cnal and technical services
rendered by the PRINCIPAL pursuant to this Agreement, to complete
the WORK as further defined in SECTION III - PROFESSIONAL SERVICES
hereof.
I. PROJECT COORDINATOR - is hereby defined as the PROJECT
coordinator foi' the CITY.
J. DIRECT TECHNICAL SALARY EXPENSE - is hereby defi
ned as
the hourly cost of salaries and those manadatory and custormary
benefits such as stationary, employee benefits, insurance, sick
leave, holidays, pensions, vacations and similar benefits.
"SUPPORTIV
OCi "Fe ! •P1
i
SECTION ION III i
The PRINCIPAL in close coordination with th.. CITY shall
perform the following professional and technical service
cofnprisint7 the WORK and shall be fully responsible for all
professional and technical aspects thereof. The CITY ' S review
and approval of the WORK will relate cnly to overall compliance
with the general r°eluir em: nts of the E Rn ECT and whenever the
term "Approval by the CITY" or like terrn3 is used in this
A, reement, the phraseolory shall in no way relieve the PRINCIPAL
from any duties or responsibilities under the term of this
Agreement and from usin the hi(c-nest architectural and en ineering
services and practices.
The PRINCIPAL shall, in the preparation of the Plans and
Specifications, and on Site Inspection, comply with all Federal,
State and Local Codes, Ordinances and regulations pertain .l''' " to
the de3Lrn and construction of the PROJECT. Attention is invited
to the Federal Aare -Hour Law, Welch -Healy Act, The Occupational
Safety and Health Act, The National Enviromental Policy Act and
Equal Opportunity L•e:isl:ation and U.S. Department of Housing and
Urban Development requirements.
A. sE: rTTr D,7CIGN
During the Schematic Design Phase, upon written
authorization from the CITY MANAGER, the PRINCIPAL shall:
1. Consult with the CITY to ascertain the requirements
of the PROJECT and shall confirm such requirements with the CITY;
and
2. Develop and establish the criteria for the PROJECT,
conduct investigations and make recommendations in writing
relative to the location, scope, design, type of construction,
schedule and cost estimate of the PROJECT and be available for
holding all necessary conferences with the CITY and with Local
Groups as directed by the CITY; and
3. Prepare a Schematic Design Study consisting of:
a, A complete survey of Curtis Park; Swimming Pool
and Morning5ide Par% Swimming Pool, This survey
FOl.k..0
will bo based on 3n analysis of 31i fact r :3
which affect use of the pools b; the disabled,
including sensory, manir.u1atery and ambulatory
disabled. The survey will include inspection
and study of the archi tectual, structural,
electrical, mechanical plan; as well as a survey
of she physical s facili ir�. Additional, appr appropriate
at
a
persons might be interviewed to determine any
problems which are not apparent by review of the
facilities. Based on these :surveys and interviews,
recommendations will be made to the PROJECT
CCOF. I: A —JR to correct and eliminate conditions
that constitute architectural barriers to
handicapped persons.
b. Dr: wines and other documents illustrating the
scale and r'C'la`. i`tishir of the components of the
PROJECT-, includinr architectural and'engineerinp;
studies, time schedules for the WORK, preliminary
cost estimates, schematic layouts, sketches,
s,
drawing.s ani a construction schedule program; and
u. Prepare rende.'inrs and/or scale models of proposed
elements of the PROJECT as may be required; and
5• Be adequately prepared to mai:e a presentation to the
City Commission, P1annin and/or Zoninr hoards and other agencies
as required, including drawings, sketches, preliminary cost
estimate, renderings or models, and time schedule of the PROJECT;
and
6. Revise the Schematic Design Drawings, sketches,
preliminary cost estimates, time schedules, etc., as directed by
the CITY.
7, Be ad(2 p ately prepared to, and make presentations
to community representative as required.
The Schematic Design Phae shall be considered completed
when the CITY has approved and accepted this Phase as originally
presented or when revised as directed by the CITY.
Dur ,..- h tf''l Deve e; ment lase, upon written
authcris_ ".. ,n ''1"r7; CT.. :`:..,.. and ?C _ ,r.lance :i..th all
this approved and aocept. !arts the : .h_...:t_. ; 'Je..i -n Phase,
the i'P.I.:CI:'..._ ah.!1:
1. PrePare the .'Lt...t Develenment D:'.. uu"jett..i ris,. i.i:
of plan, .'•.'Lt : ns and doutlineific ._ ns,
all orderand i ctr �t_e the e r'� 'acts» e
1_ in v. ;.1.__ to fix � ;•� _11�1.. � .. _ ,,..-. 3d _ and .,ha. _,.r. . of the
entire ` EC ...CT In its essentials an to local iC. y kinds of material,
'type o: structure, mechanical and electrical :i .`. .:i1, utilities
lam : _ .a t i e n s and such other wrks an :tea: be r o .'+ ' . i i r o ' _ i ' a n d
... . Submit to the �. ... ... . an 1 estimate ^. _ r . j _ _ .. .. construction
cost broken •i:_ :.:: int. na -.. :or" es . It ...i .11 be fully
�4.. d_ ... l- : _. that the . .. I:: o :. . ' ._ ._ in no . ♦ , relieved f .. - r
prtf
ron:.-.b'ii ,f
n 1 c : .. even the*:
contrc' over .' and r; a1 or
co:
J. fir. statements
h the Pam_.:CI
. :.. _a.., no
titive biddinz. Tt shall
be the ob 1. ',ion of t h _ ?i.:::C IPA" to produce a des_. Mri which may
.e constructed :�nsubsequent
b. .. ...,tT',. �.:� :'lit,._.. t CITY t'itl�l:Cta". amount or any
revision thereof aPpreved by the CITY. The
.i revise the
chemntc ::esi>rn or Desin Development
:..o^'..ent , 0r assist in a ProT,ram modification or reduction as
neces:7,ary to provide a a .r Estimate �:a :: C i PROJECT . _ construction
t _on
C:';._ t within n the CITY r'uc 'd amount az part of the PRT::C tie..' c
: ro`'...3icna1 Cervicen at no additional cost to the CITY; and
Submit co:nr,:•_ :ed De si-r. Development Documents for
approval o the CITY and make such revisions thereof as required
by the Ci"'Y • and
4, Adjust the scale model or rc nderirip* of proposed
PROJECT if required by the CITY.
The Deni,7n Development oC':".ent Phase shall be considered
completed when the CITY ha;� approved and accepted this Phase as
�i r.'i i :1l • presented s directed d theCITY.
02 ..... ,; _,T ...��r1 .C1 �I !h''rl r" li_, ..'1 a3 _ ,� by
Dur.in. the Construt.tion Docur%ents Phase, 'Anon written
authorization from the CITY NANAGER) ani in accordance with all
the approved and accepted part of the Design Development Phase,
the PRINCIPAL shall
1. Prepareall construction contract piano and
specifications and other contract documents) except general
conditions or supplementary general conditions, for the completed
PROJECT. These are to be in conformance with all applicable
Federal, State and Local Lairs and Codes and will include such
items as the working drawings and specifications adequately
setting for; r in detaildescription �' } � � � of the construction to be
done and alco the materials) workmanship, finishes and equipment
required for all architectural, structural, mechanical, electrical,
service -Connected equipment (o. fixtures and equipment attached
to the facilities el<e'ctrioally, mechanically or structurally) site
modifications, furniture, furnishing:, bidding information and the
special provisions of the construction contract, bid proposal and
other cons ruction contract documents; ents; and
2. In the case that the modifications construction work
must be accomplished while the swimming pools are fully or
partially in use and operational, provide in the construction
plans and spociflcations ade:cuate notes, conditions and safeguards
to coordinate the WORM and the continued operations and use of the
swimming pools in the best interest of the CITY.
3. Revise the construction contract plans and specifica-
tions, and other written report or documents as required, to
secure the CITY'S approval thereof; and
4. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost which may be indicated
by chanr;e in scope, design, requirements, market conditions or
otherwise; and
5. Furnish the CITY with Final Estimate of PROJECT
construction cost based upon the completed working drawings and
- 7
Yr
" UPPORT V
DuCtirlEfki Pk4•';-
. 1/ a_
Specification3, broken down Into major categories. The
PRINCIPAL'S estimates of PROJECT construction cost shall be
construed as the informed professional opinion of a responsible
expert in the subject matter, and the CITY ;ill rely on it as
a reasonable apr.roxir ation of bids to be received.
6. See that all construction contract clans and
specifications (working drawings and sp` cif .cati ns) are of a
standard sire approved by the DIRECTOR and bear the seal of
either a Florida r e ;i3tered professional architect or engineer
and that the names of professionals responsible for major problems
blems
of each separate specialty of .the WORK appear on the construction
contract and specifications; and
7. Because of the I ' je a )rr y ser! t�
'..L� • .� concern i for n� :_,, conservation
ram on
it shall be fully understood that the PRINCIPAL pay particular
attention to desiming all of the enervy systems' required for the
PROJECT with emphasis towards conserving energy.
8. Submit the completed construction contract plans
and specifications to the CITY for a complete and detailed review
and approval; and
9. Conduct all necessary dry -run checks of the
construction contract plans and specifications in connection
with securing the approval of and necessary permits from all
governmental authorities having jurisdiction over the PROJECT
after the CITY has approved and accepted in writing the
construction contract plans and other contract documents. By
said acceptance, the CITY does not relieve the PRINCIPAL of any
responsibilities; and
10. Deliver to the CITY the completed master set of
construction contract plans and specifications and other related
parts of the Construction Contract including the Bid Proposal,
in such reproducible form as may be specified by the CITY; and
The Construction Documents Phase shall be considered
complete on the day the CITY executes a Construction Contract
for the construction of the PROJECT.
D. D;DDI:I P"TA2E
1. Prepare any addenda s with accor^.panyin&'. drawings or
other material as required, and sutmit oririr.al of oach to the
DIRECTOR for approval and sirnature after which the DIRECTOR will
furnish a copy for oach set of c' ntract d:cuments prepared; and
2. Review the bids and mai:e recommendations to the CITY
regarding the award of the Construction Contracts and eauirmont
purchases;available " ecessar;% to male those recommendations
be i� necessary �.,�.�
to the CITY CO=CC ION in person; and
3. Assemble and furnish the CITY :1A::AG _:R data for
publicity releases.
'1N'`7
4. Tait? part in 1. =h it co<"i`� —enoe.i li t�l�. i "1
RTIVE
prospective bidders as required.
ram•-;-,-,R1JC.-,7O.r P :.
DOCUMENTS
The Cons -ruction Phase will commence
with t i.. a„a_ Q of
the Construction CC;1tr c ..'u:'i.Zf' the Construction a2.5e , upon
written authorisation f'r,.'::1 the PRI"I AL shall:
1. Attend nd the ?re2..onstruc V ion meeting between the CITY
and the Contractor. T, ' e rle.'= od , • t. yy.,,
a�r.� va... i1ai._ periodic visits to the site to
familiarize :e 'self with the re and of the WORK to
t i ,ri 1 progress �.. quality
deter:rtine that the WCF is proceeding in accordance with the
Contract Documents; and
2. Designate one person mutually acceptable to both
the PRI::CIPA? and the CITY NA::AGER as project representative to
coordinate PRT::CTPAL'S construction phase responsibilities in
accordance with the Contract Documents and to exercise all
reasonable diligence and care in order to safeuard the CITY
against all defects and deficiencies in the construction of the
PROJECT, and to serve as liaison with the Contractor and the CITY
and maintain relationship with the Contractor and Subcontractors
on the job only through the City Project Coordinator; and
3. Utilizing the Critical Path 'lethod (PERT), assist
the Contractor in establishing a schedule for construction and
rnal:o recommendation: on all matters relating to the execution and
progres::, of the construction to the extent provided by the contract
between the CITY and the Contractor; and
the CITY for its review -`t' any •3v'•• st.!-•>• r modifications
Which mi 'ht be .,ub it t'.: L' the .ontr o . : it 'iT r h,a1; '.io
not aut.;hori;.e deviation frnm D„r`.IT•Tr"1`:.. without
frnt, r .. , r. ;`. . 1 `.;hr. ; 'tn';Ai
L 1♦ ... i! l L 1.
t;•.a,J.
the
+ on ' `i', 'tTt,.T_ .,.ice i !I..' and r
a_ a. ,.r,, re ,it. .. :.� l!... r,,Yr. .'.ic. _ .. of the
decisions in. matters
. _ .. .. ... _ _ ...
technical plans -Ll ld op ci i .... lr� `ili•-i
C . Furnish any al de a:.ls or ...''n'l t .. on when
v,.a r,'• "pry
the job sf.t
execution of the i' JRK; an;z
01 t
,t��no• •_'•l,i` ..i.... for :1L �.- u review
and cencurrence _ _ _ ._ h ' h-' ni ._
.:i ir1. l arrJ _• itent,
n ey,t_'�� :.. orders and supplemental arror:.':`ent
i
thesereviewsandc o1: u -.a ?. shall ,. not relieve. the : H::;cI:;: or
,t reoponsitli ties clfi ,i ur.A_. the terms of this
A .. ... n 1, , a ♦ ..A
a.
Jn1,. nn;i
,nd .:cri.i. drn.:•iinrs, samples
and other submisolons furnished by tho Contractor; to prohibit
t: installation f' any material and equipment for which t
,.':' _.....i_i......t.•.. 1 of to ....a , ... shop
draw are ro,_'_iir-'I ?i'.:'_.:...., such drawin7 has been duly approved;
all `-7 .. at. ' r 7! ,"v,rµw duly pp e
ni, ..�... u co::;;�/ o..=1...._ a:...'�i� and .:�'•i sal _ u. 1nfJ, au_,, approved o'� by
t• .•�y r _ for permanentC 77 records;and
9. Review results of all required tes tirx� necessary
1�
fo ."n•T...T _.,.cl ., , core bcri:i� c, test Vita, structural,
: 11. : � 'a'- : li
mechanical, chemical, soil, :Hill and laboratory tests, inspections
and reports requiroti b;; law or the Contract Documents; retain a
e all ._ �results h,or records; tee thatall 1 t .._ ford: sc. a 1 tests
rrer.u-trod by the Contract Documents are actually conducted; and
inspect and approve all tontine.,; and
10 . Review samn? '.'n; which are required tO be furnished
at the jo : :site; rr,coLrd data recoiv•_'d and from whore; examine
sasd samples ,and notify the CI"'Y of her approval or rejection
and maintain custody of approvud samples; and
10 -�
11, Check and arrrove the Contractor's construction
schedule,y ` � be alert to the completion datand to conditions
which may cause delay in completion or vary from the Critical
Path (PERT) established and report same to the CITY; advise the
CITY when the PROJECT has beJr� completedaccordance�n with th
e
Contract Documents and that the PROJECT is real;; for final
inspection and acceptance; and
12, After substantial corny_letions make a list of items
for correction before final inspection, and chock each item as
it is corrected; and
13. The PnIICIPAL ard the Contractor are expected to
turn over to the CITY a ccm let _d facility, however, the CITY
shall have the r!r-,ht to take possession of, and use any completed
or partially completed portion of the
R1 IEC T'
,
notwithstanding
the factthat the time for c::i` ti : m t:7' >� ter' PROJECT or such
c:".:�_..
portions ma:/ not h :e e: _ i _. , but such taking DO:.:sC.:S_On and
use shall not be dee c.i an acceptance c: any work o* completed
and it shall in no ;Vag, relieve the PRINCIPAL of any of her
reeponsibiliti'es under the terms of this Arreement; and
14. Maintain orderly files for (1) correspondence,
(2) retorts of job conferences, (3) Shop drawings and (4)
reproductions of ori;inal Contract Documents including all
addenda, change orders and additional drawings issued subsequent
to the award of the Contract; and
15. Upori request by the CITY PROJECT COORDINATOR, attend
and report to the CITY
job site; and
16. During the course of the WORK, review Guarantees,
Certificates and Maintenance Operation Manuals and Keying Schedule,
and at the acceptance of the PROJECT, verify completness of this
material to the CITY PROJECT COORDINATOR; and
17. Review the Construction Contractor's Requisition
for Payments, determine the amounts owing under the Construction
Contract, and issue to the CITY Certification for Payments under
such amounts; and
on all required conferences held at
— 11 �-
" UPPORTR'E
DOCIJMENTS
it
the
completion o`.'
rer.rplu.cib'„
to inCLJdo all
�:t_ .i. . ;t the ()i�lU 1. i' .. � ..
:i t. .. .. ]ate t. :: y Y.C: the i7inal
. . , '. ,. : l n a�nyy : , revised
ade durin
...... :i and .:()ri: ;1rai'/i: r .. ry
duly 'lnerov t.�•t. h- t...�., i:.AL n! o )f all t. _... f, results
i t results,
i
L 1. • L- 4. t f 4 4• .., that
i ti.Li�l.11 .,:1� .iI1�11.. deliver .0 „i)'.:.' ..._ . ..r_ i....':: ..`�:'..,.t _ _.....4.'-;: ..^:`.
the F {1 ...+; •T L been constructed
�,.. .a_ ;'1 t: 'i a ri with � CITY approved
. ._ t,: 1.� J l has '_i U i,i _. .. l l.r . :.. .� . � �^ V -. 1 ! , accordance i'/ L �� . CITY .. � L ✓ '`! •'_ _♦
coi?..i..:'._tcti'::? plans and _ _at- and CITY approved change
orders; in. t shall furnish such c t h'. .' written certificates as may
a '!
be re — dire.. S-... laws and r'-. .i....ta.:1:.., ''1 1...c'...1h .. to the i_?l.-l) _ C.
shah o compl..`✓'3 :h!en the
the IT .•j and ;.._ City
y CoMMi......::-i ha:
.)•_ti _.. the : ....0 1 . .:.-.1 shall act as ..e'..' own
r' r',... tc t-h Imo: _:-. all matters pertainin,g to the .:iOJHC T
bu : i CT:'.... shall the
i M Y+ •"
to designate, besides
b; deti
ci^v..::: ATCR an additional person
to a'... ac the. :.?.::v:..::' :',,presentative in her absence.
The CIT. shall f'u.—nsh hr, r.. T .. _...L with the following. services
and _ I':.:a`.,' i .:1 _'rcm c7-7 records Pnd CIT.`
A. The CI Y .:::':ll. :,v, e information regarding it^ known
rq'1irement: for the : RCST CT
CITY f n
The :hall furnish data from existing records on file
in the =Jenartment at' Public Works of the CITY pertaining; to
exist'`'.1: Uu ldinr.•, other improvements and trees, and information
con:it17 available service an:: utility lines both public and
c, If the ..:,::r,T., t gib:. eve^ t � r ., or has been notified in writing
f' it ..� 1 7 'Oct .t th r-R ...Crn
o i'; � u of �Ac? � �„ i •> , ;tn,T::• or nonconformance with the
Cont.Contrat Documen" .,, prompt written nr)t:ic,e thereof .,hall be given
to the 1:.'1- 'a':. "
1
D CITY shall do all r`'t''roduc cn and bindin of the
i The1 - -
bidding and construction Sets of the draw nr and atecificat an3;
and loan all exi.- tint and apr lioabii CITY aerial photoRraph3 s
o + • t t.nr T C C,nORDINA T O to act as
E. The CITYshall appoint a :-,�_�, ='
liaison between CITY 1' and PRINCIPAL.
The CITY shall furnish all required testing necessary
:
for the PROJECT incl;idin core bori:lr3, t' :t t; t' , structural,
mechanical, chemical, Soil, and mill and laboratory tests, and
the serVicees of a soils en-ineer or other consultant when deemed
4 CITY and the
necessary by the PRINCIPAL and approved by the I'-. ailu �,
PRINCIPAL shall be entitled to rely upon the accurac , completeness
and competence thereof.
G. The CITY reserves the Ii"ht to retain the services of a
Professional Quantity Surveyor or to prepare Detailed Construction
Coat Estimates ba:d upon the Design Development Documents and
the Construction Documents.
For professional n technical services for the
and � .
t
Desi-n Phase, Design Development Phase, Construction Document Phase, .ae,
Bidding; Phae and Construction Phase of the PROJECT, as outlined in
SECTION Ili - PROFESSIONAL SERVICES hereof, the CITY agrees to pay,
and the PRINCIPAL agrees to accept, as a full payment for her
services the LUMP 3u:. FEE OF SIX THOUSAND DOLLARS ($ 6, 000.00) .
This payment will be made monthly in prorortion to the services
performed so that the compensation at the completion of each Phase
shall equal the following
Retainer
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding Phase
Construction Please
SECTION VI - SCHEDULE OF WORK
The PRI''ICIPAL and the CITY
percentages of the total BASIC
"SUPPORTIVE 10
DOCUMENTS
FOLLOW„
205
355
755
805
100
FEE.
agrees that time is of the essence
in the achi,2vement of the PROJECT and further agrees to execute
- 13
their H
FRI::C:FAr: .an-r
services
eX
and .tier ;l,. and
nal and techniJ:al
Conf . t..aancewith sreoific ru'.:,orl•_at :. .{ r L i: ail. _ a'i' 1:..:i .'r
his DE::::::
:'iri..tn�, ...t, {. un - ».-,;'t ...
parties that the followin,r. schedule • th i 1
` o 1 s . {:)d by t. h • _
A. ._'CE...!:.r_
by t
The ._ lema' a. .i e..s .. Phase shall bedelivered Lr '"{."'t
r ! r t. f written
authrisation from ...77.T7 ::=77 to commence work on this ,lase.
The_ ue .. r.'-'. .': .. F-haso 'rso de
- - ' - _... and aroval by the C1 _ ' . ( `woeks
of
written authcrisat.7on _co= work • this
:ocuments for cons
ruction shall be
deliyered to the CITY within six (6) weeks. fork on this _ 7
shall ocmmence after haYinT rooived written authorisation
prccoesd from the CITY al• • ._._..a 'at Vri`_ Coma_ t on of i.hs] ✓e'Urt Y;
�•.
rjeyeloment Fh se .
....._t3:' .. C_. :ccii.st'.'u..» ``ter. shall C•_ coordinated
to cc•�,.r i• c r ncts n .t:- s..� r4
» er .. :� .,;'�.:.., _':� 7 .. _ ,,. :�i..i"' .i!" o':.` i schedule to be :3@t by
the r1??. Etiddnir is rroi.,ci;.-2d to re':'.ire twenty (20)
�J
and will tentati•v' 7 take place in July 1978
r'.. t%TT — ArnT'7-, 1i: 1, .:'t_}::t. :\J r'.t:'. 1 ': `,l r;.. n't:... CITY
A. The CITY reservo . the right to increase the scope and
amount of the construction contract by directly authorizing the
Contractor actor to do extra o: additional work without n
..'1.. ":r �:tJtl� h�l�t4ri..cr the
FRI..r1.)AIJ to furnish professional -i:teral or technical services, The
CITY relieves the !'i1=_FAL of any rosrtirr:_ibility for additional
work ::O auth, •ised.
111
^a1or:'wa.'
Bt The PRalfCI P AL is O furnish
urPlsh Interior in.exterior layout
services which are nerrlally a part of her contract documents and
specification„, as part of her basic services Within the stipulated
LUMP 3U;•1 FEE, However) the CITY reserves the ri; ht to authorize
the PRINCIPAL to provide additional services if found necessary
by the CITY,
IT1, in which case the fee for these
:' services will be
negotiated and such additional services will be authorised J. r! sed in
writin4.
SECTION VIII - TERMINATION OF AGREEMENT
T Tty ,e s r- ` j t r t o .ree e
lh� CIl • i : tain� thy, ri,,h� � o �e. min��:. thi;-� A�. mnat
any time prior to completion Of the WORK without penalty to the
CITY. In that event termination of this Agreement shall be
in
writiri z to the PRINCIPAL and the PRINCIPAL shall be paid for her
services rendered in each completed PHACE prior to terminatio
n in
accordance with SECTION V - COMPENSATION FOR CEEVICES,
provided
however that the P. _..C_? L is not in default under the terms of
this Azinnnt. Tf, , ,o:.-_ t..-._ , the termination
r;_.atiorof this 'Agreement
occurs during an incomplete PHASE, then the PRIi1CI?AL shall be
paid at the rate of two and one-half (2'•: j times Direct Technical
Salary Expense for those services rendered in such incomplete
PHASE provided that the PRICIPAL is not in default under the
terms of this Agreement. In no case, however, will the CITY pay
the PRINCIPAL a reater amount for this incomplete PHASE than
would have been paid had
completion of this PHASE.
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the
property of the CITY, with the same provisions of use as set forth
in said SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALIST
The PRINICIPAL proposes to have the following specialists,
the termination been made
either from her organization or as
to perform the services indicated;
A, Architectural
13, Structural
- 15
at the
her consultants or associates,
rru�� . �.
rti r+
v i Civil
D. Mechanical
E. Electrical
interior Desi["tl
G. Planner
E. C .e ia1 S'e'rVIC'.J Facilities
The Pi tEI vPAL i1i1 i)'' responsible _ :J� ..11 the wciiC. of her
o:.1n ors.anio';tion, and of her consultants or associates, Eo tt n contained in this IeeI,ent shall create any contractual relation
tiL' azc2i any of .i;'., specialist .. ;J i'.. l..i i Ji' the :t _...C.{_. .::1 7,nd the .3
h_.rpY it
S-, 1 the
CITY. i t shall be i:. 1: i'.. that i. _ ii .: 1: 1.2: no :i'!,'
relieved of any responsibility under the term: 01 this :' _ _..
by virtue of ....ny other prfessional who may associate with her
in performin7 the WO.;::K.
- __... ^i. _ _:i•_ 1__S
The CoL._....ia _ _....i_a.... services_ and work by the Pit...-.:__ AL
3hal7 not be consid „_ _.-,. v..._ a services tut on the contrary shall
b : t 1 f ._:.C__ . L:
`.�. considered _.'a'�":`: part �'o_ the f,� .'J: `J .1'-�. ? li
•
Revise the Con: .ruction Documents Phase and Construction
pl'....:. and specifications to reduce the cost of construction of
Cri t final
• 1• Tr .• n . f' the
PROJECT to �h'' 1 i:1 1 :,'_i'..`� ..'.�.C1 �.�..' l,L_ _ approved f"i'JLl:/+. Or
of the PROJ... , if the amount of the lowest acceptable
b1: received ty :he CI'_._' for the construction of the PROJECT is
in � iof t
final u: - - e tor approved for r the cost
o1 the Co.i.. ..'..acta.: .: contract of the 1•._.4.v Ji'.
B. Any other revi.:ion:. 3 :t'�' b y L CITY thatare within
� � . revisions :: Ll � t._ _ .. _ i J the
the score of the WORK ire,'.'or''_ the Des i n Development Documents and
Outline Specifications aI'%: approved b:; tho CITY.
S CTT'1•' `f rrr r'TTT;J OF
! C time
All tr ac! n s , plans, dr:Elie ru , specifications, field books,
survey in:'o:'Imation, Paps, contract document:', reports and other
data developed as ;.a i'e: ult of this Agreement :;hall become the
r 1 i' .. f t a• ' c .+, o mi t
j"JT' 'p�'2a{-:;✓ �. tr'!'= (.'T`.:"� .li�t:O�.it ?'� .:tl i;.ti<):. t.7I li.i: �aLitJI? on their
it is further :Itipuiat1 that all information i3ov loped 't5
a part of the : ., i .. v'1.' .iL ..11 not be t.2.':ti,i by the P 1IECIi1AL with'c •.wt
.�� . h rTY
'i:' °� 1.. _'t2 consent of �.t!'_' C.t 1 1
16
It is further understoed by and between the parties that an:i
information; maps) contract documents, reports; tracinf3; plans)
drawings) sCectf'ications; books or any other ;latter whatsoever
which is given by the CITYto the PRINCIPAL pursuant rit to this
A ;reernent shall at all times remain the pror,erty or the CITY
'i t'.i b � th' PRI :' %:'. L for any other purpose and shall not beused �, , ..e
whatsoever with -Jut the written Cron::•ant of th': CITY.
It i3 further understood that no pressreleases or publicity
is to be issued by the PRINCIPAL without prior submittal to the CITY and written approval fr..~t the CITY.
i wa "+''a'_`' `h t . ho }ia not emrlo; _d yr retained
any company cr persons to solicit or secure this Agreement; that
she has not paid or ar.reed to pay any company or person any fee
commission, perconta e, tro',:eras- fee, or 1f.,s or any other
considerations cont_rr:ent upon or rec lltinT7 from the award or
makin.,7this n ,_
The PRINCIPAL also warrants that to :e best of her no 1e}tre
and belief no Co, toner Mayor or other officer or employee
of h CITY Is interested it t
t C:.directly or indirectly in the profits
or emoluments of this At regiment or the job, work, or services
for the CITY in connection with the contract or construction of
this PROJECT.
The PRINCIPAL shall not eni-aETe durj nr the period of this
Agreement the services of any professional or technical person
who has been at any the during the period of this Agreement in
the employ of the CITY. This does not apply to retired employees
of the CITY.
The PRINCIPAL is aware of the conflict of interest laws of
both the City of Rliarni and Dade County, Florida, and agrees that
she shall fully comply in all respects with the terms of said laws.
SECTION XI I I EXTENT OF AOREEMEN T
This Agreement represents the entire and integrated
Agreement b;twR en tho CITY and the PRINCIPAL and supercedes all
8d " r
17 �r_���,,.
,.i
,J t t• .,.,,ram• t- 1a i. r
neo i3v lOt1:, � t,,y,hh''.,'';1`�'. i ,..., :7� .. . ..,.:t1 ,.. ; _ . _. written
oral, Thi > A ;r eor entmaybe 'lm.n'i'.t.I only by written in: trument
by both the CI to :i the PRINCIPAL.
SECTION ::: - ,UC ;t.iRS AND A=l"::S
The PRINCIPAL shall tn•i::'c n o ass c i:-r:i:ierIt:, G:' transfer of this
�� a ••,�
Ater .. nt, or sublet; as:,i -n or transfer any prir* of the WORK
under this A::i e „e' , without the written consent
onsent of ,hoC • Y
This A: r'eement shall be bindtr'v upon the parties hereto, t olv
heirs, executors, le -al representative,
successors and ac s;:-no
.
SECT`n. - iR= IN Ji'ICTI.LCN::.
The PRINCIPAL hereby certifies .i; i.... that I•i-. e rates and other
factual unit costs "„ %port i ..compensation aroaccurate,
,
a, " r r e J the time t_ r ' r •�. • i d
complete ,1 current at .. i. i':_ of C:. `_i ;. .. .. .. and that to
or i... �.:i�.l .'. vr•I �. Fact i.ril^.'r.�. 71i1,4 a,iy . .i�t._:,. il.:' •..:a'��"..'-tto .J .�'.11 be
aa t.v_d a1 exclude anysi:7rificant sumwhere the
CITY determines
the contract
was increased due to inaccurate, incomplete
e .rat e - :�. unit
Suc:
o r non -current .. ., '? :.' 2 � � factual i; `_ �_i :: 1 '•.i .1 _ cost.. Such
, .
a_
_.. .t+.a:ii.ts must TLe_ made within ene year Collor in` the end of
v1T-r me
_l
The CIT r'c.�er,vos th'i r' rrht audit rec +d 1
.. .._ _ _ _.�t, to the o� .�� o he
P:ir::CI? L any time durin the prosecution of this and
for a period ofn year after final payment is made under this
i;otwithstandin: an, other r:rovision of this Ac^ree^:ent, in
no event shall the payment of the LU:•iP SUi.1 FEE under SECTION1 V
herein, enable the PRIJC`P:L to earn a profit or more than
TWENTY (20":; PERCENT of that LUMP SUM FEE. At the time the
l incrementr'air e
f it a of that LUMP .U•1 FEE is due to be paid by th
CITY to the PRINCIPAL pursuant to the terms of SECTION V herein,
the PRIJJCIr AL .hall submit to the CITY a certification of her
total coots incurrd and profits realised in providing the basic
services as outlined in ,CTI : III herein, I^ such certification
it? ' ca t s profits in excss of the maximum sit forth above, the
l'1
PRINCIPAL shall simultaneously refit any overar;e to the TY.
The CITY reserves the right to audit the beaks and records of
the PRINCIPAL and to adjust the amount of any such repayment
in the light of said audit. In ca1c-lat in the total costs
incurred by the PRI iCIPAL' 1 own staff, the Fni:xiP :L shall use
a percentage overhead applied to the DIRECT TECHNICAL SALARY
EXPENSE as defined in SECTION II - DEFINITIONS � I1.
S herein, ih,,
percentage overhead shall be equal to the actual percantate
overhead pertaining for all of the PRINCIPALS' work in the last
twelve (12) month period preceding the date of this Contract
for which data in available. A11 services provided by
subcontractors to the PRINCIPAL shall be included at the actual
cost paid by the PRINCI1-AL and the percentage overhead shall
not apply.
.' e FFTNCI. T shall not com.nonce work on this Contract until
she has obtained all insurance required under this pararranh and
such insurance has been approvedCITY.
n by the
The PRINCIPAL shall indemnify and save the CITY harmless
from any and all claims, liability, losses and causes of actions
which may arse out of the PRINCIPAL'S operation of this Agreement.
The PRINCIPAL shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits, in
the name of the CITY when applicable, and shall pay all costs and
judgements which may issue thereon.
The PRINCIPAL shall maintain during the term of this Agreement
the following insurance:
A. Professional Liability Insurance in a minimum amount of
$100,000.00 covering; all liability arising out of the terms of
this Agreement.
The insurance coverage required shall include those
classifications as listed in standard liabiliiy insurance manuals,
which most nearly reflect the operations of the PRINCIPAL.
EIS t PPOF 1
VE
DOCUMENTS
F:L)V l„
"SUPF TtVE
DOCU...1 NTS
E;LLOW"
All insurane shall te izzue tv emranios
authoriSed to lo l'uzibess un.ier the laws of the ::'it e of Florda;
and which are -pbr)ved accrlihr', to spec.ifications the
Proporty
Th FE hall furnish cert ates o!f 'houranco to the
CITY prior to th.. 7e::inc:mnt o rati.T.ns, which cort!ficqtes
shall clearly indicate that the has -ned insurance
in tho trp, ameunt and clazsificatien az required for strict
compliance with thiz Section and that no matrial chane or
canzellat4o.n of the insurance shall te effective without the
thrty (F.T) lays written notice to the CITY.
C'omblianco with the ferec.t::in,7 requirements ohall rot relieve
the TR7::C7::2A her 1;atI71ty anl cblir.-at-- under this Section
cr uner any port of th'z A,77rement.,
All zorvices zhall te performed ty the PRI=FAL to the
zat'lf-,1:sti7n the 2-'rect7r of PuL-c who 3hq71' -4ecde
all queztiono, difficulties and dizrutes of whatever nature which
may arLoe under or by reazonof hls Areement, the prosecution
f the services hereunder, qn1 thr' charr'.cter,
quality, am..:unt, and value thereof, and the DI -RECTOR'S decisions
upon a1 ^1,4ms, cuest'ons fact, and disputes shall be final,
conclusive and tindinf7, upon the parties hereto, unleos ouch
determination is clearly arbitrary
unrea-,on,ble.
In the .event
that PH=CIF-AL doez not concur in the judement of the DIRECTOR
as to any dec4c4ons made by h4m, the PRICIPAL shall present her
written objections to the CITY :4GER; and the DIRECTOR and
tho FRI::CITA:, shall abide by the decision of the CITY MAUAGER.
Adjustment -)t' compensation and contract time because of any
in the beome necessary b-.' deemed dezirable
az the WCE::. rro:7.- shall be reviewed by the DIRECTOR and the
CITY :1A::ArIER and submitted to the City Commission for approval.
The ::CIPAT, will net discriminate airainst at,' employee
or abplicant for ems1,...,yment becauze of race, color, relir:ion, sex
, Tr, 0 1.
or natural origin. The PRINCIPAL will take affirmati•ie action to
ensure that applicants areemployed) and the employeeS are treated
during employment, without regard to their race, color; religion,
sex, or natural origin. Such action shall include, but not he
limited to, the following: Employment, upgrading) d•amotion, or
transfer; recruitment or reoruitrm nt advertisinfl'; layoff or
termination; rates of pay or other forms of com,ensation; and
selection for training, including apprenticeship. The PRINCIPAL
a�reez
to post in conspicuous places, available to employees and
applicants for employment, notices tc be provided by the Personnel
Officer sue} forth
the Equal Opportunity
1;, ..�t.ttin:; � or�.,h provisions of this Equal y
Clause.
B. The PRINCIPAL will, in all solicitations or advertisements
for employees plac73d by or on be half of the PRINCIPAL state that
all qualified appl_cat. s will reoeive consideration for employment
without r.ee7ard to race, color, religion, six or natural orir n.
C . The PRINCIPAL understand and agr_es that the work to be
performed under this Contract is a project under Federal
direct Fe`1 l
direct
financial assistance from the U.S. Department of Housing & Urban
Development Third Year Community Development Block Grant Program
and that compliance with the regulations, policies, guidelines and
requirements of that agency including; Office of Management and
Budget Circular No. A-95 and Federal Management Circulars 74-4 and
74-7 as they relate to this project and the use of Federal funds
will be strictly adhered to. The PRINCIPAL further agrees to
furnish records and reports such as Employment Utilization
Report SF-257 as may be required. The PRINCIPAL agrees to
design the Facility to comply with the "American Standard
Specifications for makinr*, Buildings and Facilities Accessible
to and Usable by the Physically handicapped" and will comply
with Title VI and Title VII of the Civil Rights Act of 1964
as amended and specifically the requirements of the Department
of Uou.,inr* and Urban Development and any amendments thereto as
well as the Con:iiti one in the Grant Agreement for the Community
Development Block Giant Fror-'ram,
21
"SUPPORTIVE
A i ' OW" "
t
SECTIONXX - HATCH. AND DAVIS._ BA:CC?; ;
•
A, The PRINCIPAL warrants that she and her sub -contractors
will comply with the Hatch Act as amended which lira its the
political activities of employee:, and the David -Bacon Act as
amended which requires the paym-r,t Of prevailinE' Flare rates of
this area as determined by the ro-2r star;; of Labor.
SECTION XXT - CO:'"','?UC T IO.. C-F ..G?F:Mi:.;
The parties hereto agree that this Agreement shall be
construed and enforced accordl.n{' to the laws, statutes and case
law of the State of Florida.
IN WITNESS WHEREOF ,EOF the parties ere` haveindividually
h �o ha r� an-1
through their prover corporate official:, e e this
� cut.�,� �- Agreement,
the day and year first above set forth.
d
ATTEST:
City Clerk
APPROVED AS TO CONTENT
Department of Public Works
APPROVED AS TO FORM &489VCTNESS
®I,
-4(e
City Attorney
CA :L_..::E JABS, ARCHITECT
BY:
THE CITY OF MIAMI (a municipal
corporation of the State of Florida)
BY:
22 .
City Manager