HomeMy WebLinkAboutR-78-0326011111111111.
RESOLUTION NO, i `i - 2 ('
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
STRESAU SMITH AND STRESAU TO PROVIDE
PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES FOR THE DESIGN AND DEVELOPMENT OF
$UENA VISTA PARK, N. W. 53 STREET AND N. W. 2
AVENUE, AND MELROSE PARK, N. W. 25 AVENUE
AND 30 STREET; AND AUTHORIZING THE EXPENDI-
TURE OF $251, 581 FOR BUENA VISTA PARK AND
"S U ?POP I I E $126, too FOR MELROSE PARK FROM THE PUBLIC
r,,.. PARKS AND RECREATIONAL FACILITIES BOND FUND
DuCis�`.'�L.N1$ AND COMMUNITY DEVELOPMENT SECOND AND THIRD
FOLLOW" YEAR BLOCK GRANT FUNDS FOR THIS PARK PROJECT
WHEREAS, the City of Miami Commission has allocated $251, 581
for Buena Vista Park and $126, 100 for Melrose Park from the Public
Parks and Recreational Facilities Bond Fund and Community Development
Second and Third Year Block Grant Funds for Lemon City Park; and
WHEREAS, the City of Miami Commission, by Resolution Numbers
78-299 and 78-297 directed the City Manager to negotiate an agreement
with Stresau Smith and Stresau for landscape architectural services for
these parks; and
WHEREAS, the City Manager and Stresau Smith and Stresau have
agreed that Stresau Smith and Stresau will perform these services;
"DOCUMENT INDEX
ITEM NO. `--/- "
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City of Miami Commission authorizes the expenditure
of funds from the Public Parks and Recreational Facilities Bond Fund and
the Community Development Second and Third Year Block Grant Funds in the
amount of $251, 581 for Buena Vista Park and $126, 100 for Melrose Park, to
include landscape architectural fees, demolition, administration expenses,
construction and contingencies.
Section 2. The City Manager is hereby authorized to execute the
attached agreement with Stresau Smith and Stresau for professional landscape
architectural services for $28, 808 for these parks. crrr COMIIISSION
M . nNG or
MAY 1) 1978
R OIUTK n0. .. .... ` . ...'
mod: ...........................
MEE
MINIM
MEW
MMIW
N I▪ MINg
PASStb Amp ADOPTtt) this 19, , day of iviA ) 1978,
ATTEST:
PREPARED AND APPROVED BY:
t, • /
Assistant City Attorney
,,?
MAURICE A, ?ERRE
Mayor
APPROVED AS TO FORM AND CORRECTNESS:
c‘,11 ! r,-)r.N., !yr
1
FOLLOW"
C) •;;)
. •
119
CITY OF MIAMI, FLORIDA
INtEI3rt P 'ICt MEMoRANbUM
to: Joseph i, Grassie
City Manager
FgoMt A bert 1Ii 1- ow h Director
Department of Parks and Recreation
DATE: May 11, 1978 f 1LE:
sU91Ect: Lahti sCat) e Architect Agreetnetit
for Buena Vista and Melrose Parks
hEFthENCtS:
NCLOSURE5:
In accordance with Resolution Nos. 78-297 and 78-299,
authorizing the City Manager to negotiate for professional
landscape architectural services, negotiations are complete
and an agreement has been reached. Stresau Smith and
Stresau will perform professional services for Buena Vista
and Melrose Parks for $26, 808. This firm will be working
with Bouterse, Perez and Fabregas, 1435 Bri.ckell Avenue,
on the architectural elements of these parks.
The total budget for these projects is $251, 581 for Buena
Vista and $126, 100 for Melrose, a total of $377,681.
AHH/STP/dw
"SUPPORTIVE
FOLLOW"
p • s M 3 2 \i
LANDSCAPE ARCHITECTURAL
AGREEMENT
THIS AGREEMENT trade this
day of
1978 by and between THE CITY or MIAMI, a Municipal Corporation of
the State of Florida, hereinafter called CITY and Stresau, Smith and
Stresau, hereinafter called PRINCIPAL,
WITNESSETH
THAT WHEREAS, the CITY proposes to construct Buena Vista Park,
NW 53rd Street and 2nd Avenue, and Melrose Park, NW 25th Avenue and
30th Street, hereinafter called PROJECT; and
WHEREAS, the CITY has programmed $251, 581 for Buena Vista Park
and $126, 100 for Melrose Park from the Parks for People and Community
Development Second and Third Year Block Grant Funds to finance the con-
struction, the professional fee and other expenses of the PROJECT; and
WHEREAS, the CITY desires to engage a landscape architectural
firm to render the necessary professional and technical services,
hereinafter called WORK, for the planning, design and construction
consultation of the PROJECT upon the terms, conditions and provisions
hereinafter set forth; and
WHEREAS, the Commission of the City of Miami has authorized the
CITY MANAGER to prepare invitation proposals for landscape architectural
services in accordance with State Laws for the Melrose and Buena Vista
Parks; further directing the CITY MANAGER to receive said proposals and
submit his findings to the City Commission for its considerations; and
WHEREAS, the Commission of the City of Miami by Resolution
Numbers 78-299 and 78-297 adopted April 27, 1978, selected the firm of
Stresau, Smith and Stresau and authorized and directed the CITY MANAGER
to negotiate an agreement with said firm for the professional and technical
services required for the PROJECT; and
NOW, THEREFORE, the CITY and the PRINCIPAL for the considera-
tions hereinafter set forth, agree and covenant, one unto the other as follows:
5ECT'I0N1- ontI AL
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, eco-
nomical, efficient and professional manner, including preparation of
phased or incremental bidding documents for construction as is necessary,
and shall ensure that the provisions of all applicable Federal, State
and Local Laws will be met.
B. The PRINCIPAL shall perform the professional and technical
services as hereinafter set forth and in general accordance with the
instructions of the CITY, and the requirements of the U. S. Department
of Housing and Urban Development.
C. The CITY, has budgeted the amount of $377, 681 for the
total project cost of Melrose Park and Buena Vista Park. This amount
includes the following:
1. $100, 000 for the construction of Melrose Park and
$206, 000 for the construction of Buena Vista Park, to
include the following:
"SUPPORTIVE ORTIVE a. Site development of 1.6 acres at Buena Vista Park
DOCUMENTS and 1.9 acres at Melrose Park
FOLLOW" 9 °" b. Comfort Station at each park
c. Demolition
d. Landscaping
2. The LUMP SUM FEE for the selected landscape architectural-
engineering firm providing the required professional and
architectural services.
3. All tests required for the PROJECT,
4, Art work, if required,
5, All inspection and administrative costs of the PROJECT,
D. The PRINCIPAL shall design the PROJECT Within the funds
available to the CITY for this purpose,
E. The CITY agrees to pay and the PRINCIPAL agrees to accept
as payment hi full for all the professional and technical services rendered,
as outlined in SECTION III - PROFESSIONAL SERVICES, hereof the LUMP
SUM FEE OF Twenty Six Thousand Eight Hundred and Eight Dollars
($26, 808),
4 _
•
SECTION II - DEFINITIONS
4 9 f
A. CITY- is hereby defined as the City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of
the CITY.
C. DIRECTOR - is hereby defined as the Director of the Department
of Parks and Recreation.
D. PRINCIPAL - is hereby defined as Stresau, Smith and
Stresau.
E. PROJECT - is hereby defined as the construction. of Buena
Vista Park and Melrose Park.
F. ART WORK - is hereby defined as the art work to be provided
based on the scope of the PROJECT as set forth in CITY Ordinance No. 8227
and Dade County Ordinance No. 73-77. It shall be incumbent on the PRINCI-
PAL, however to make every effort to have the art work included as a basic
part of the PROJECT.
G. WORK - is hereby defined as all the professional and technical
services to be rendered or provided by the PRINCIPAL for the PROJECT as
described in SECTION III - PROFESSIONAL SERVICES hereof.
H. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY, but it shall not
include any PRINCIPAL'S fees or special consultant's fees or the cost of
any land acquisition or the cost of any survey, legal, finance, administra-
tive or similar services that may be furnished by the CITY or any cost of
furniture or furnishing or unattached equipment purchased by the CITY'
I. LUMP SUM FEE is hereby defined as the amount of
money the CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all the professional and technical services rendered
by the PRINCIPAL pursuant to this Agreement, to complete the WORK as
further defined in SECTION III - PROFESSIONAL SERVICES hereof,
J. PROJECT MANAGER - is hereby defined as the PROJECT
MANAGER for the CITY.
K. DIRECT TECHNICAL SALARY EXPENSE- is hereby defined
as the straight -time portion of wages and salaries subject to Federal
Income Tax of the PRINCIPAL'S technical personnel directly engaged on
the PROJECT. The DIRECT TECHNICAL SALARY EXPENSE charged
against the PROJECT, including PRINCIPAL'S, shall not exceed thirteen
dollars and fifty cents ($13. 50) per hour plus payroll burden which shall
not exceed thirty (30) percent.
SECTION 1II - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the CITY shall perform
the following professional and technical services comprising 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 only
to overall compliance with the general requirements of the PROJECT and
whenever the term "Approval by the CITY" or like terms are used in this
Agreement, the phraseology shall in no way relieve the PRINCIPAL from
any duties or responsibilities under the terms of this Agreement and
from using the highest architectural and engineering services and practices.
The PRINCIPAL shall, in the preparation of Plans and Specifications,
and On -Site Inspection, comply with all Federal, State and Local Codes,
Ordinances and regulations pertaining to the design and construction of
the PROJECT. Attention is invited to the Federal Wage -Hour Law,
Welch -Healy Act, The Occupational Safety and Health Act, The National
Environmental Policy Act and Equal. Opportunity Legislation and U. S,
Department of Housing & Urban Development requirements, attached
hereto as Exhibit "A",
A, SCHEMATIC DESIGN PRASE
Upon written authorization frorn the PROJECT MANAGER, the
PRINCIPAL shall perform the following services during the Schematic
Design Phase:
1, Consult with the CITY to ascertain the requirements of the
PROJECT, Confirm such requirements in writing to the PROJECT MANAGER.
Z. Develop and establish ti:e design criteria for the PROJECT,
conduct investigations and make recommendations in writing to the PROJECT
MANAGER 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.
3. Prepare a Schematic Design Study of drawings and other
documents illustrating the scale and relationship of the components of the
PROJECT, including architectural and engineering studies, schematic
layouts, sketches, drawings, a construction schedule program and a pre-
liminary cost estimate of the WORK.
4. Prepare a rendered site plan of the proposed PROJECT.
5. Make presentations to the PROJECT MANAGER, City
Commission, and other agencies as required, including drawings, sketches,
preliminary cost estimate, time schedule and rendered site plan of the
PROJECT.
6. Revise the Schematic Design Drawings, sketches, preliminary
cost estimates, etc., as directed by the PROJECT MANAGER, City Com-
mission and other agencies having jurisdiction.
7. Make two presentations to community representatives of the
Allapattah Community Development Task Force and the Edison -Little River
Community Development Task Force, The first presentation being in the early
stage of the Schematic Design Phase; the second presentation being at the
completion of the Schematic Design Phase.
The Schematic Design Phase shall be considered completed
when the PROJECT MANAGER has approved and accepted this Phase
as originally presented or as revised upon direction by the PROJECT
MANAGER in writing,
-5-
I3, DESIGN DEVELOPMENT PHASE
Upon written authorization from the PROJECT IsAANACEIl and
in accordance with all approved and accepted parts of the Schematic Design
Phase, the PRINCIPAL shall perform the following services during the
Design Development Phase:
1, Prepare the Design Development Documents consisting of
plans, elevations and other drawings, and outline specifications, all in
order to fix and illustrate the size and character of the entire PROJECT
in its essentials as to location, kinds of material, type of structure,
mechanical and electrical systems, utility locations and such other works
as may be required, including a rendered site plan.
2. Submit to the CITY a revised cost estimate of the WORK,
broken down into major categories. It shall be fully understood that the
PRINCIPAL is in no way relieved of his professional responsibility in the
preparation of all statements of cost estimates even though the PRINCIPAL
has no control over labor and material or competitive bidding. It shall
be the obligation of the PRINCIPAL to produce a design which may be
constructed within the CITY budgeted amount or any subsequent revision
thereof approved by the CITY. The CITY may require the PRINCIPAL to
revise the Schematic Design or Design Development Documents, or assist
in modifying or reducing the scope of work as often as necessary until the
revised cost estimate as prepared by the PRINCIPAL will be within the
CITY'S budgeted amount. Such work shall be considered as part of the
PRINCIPAL'S Basic Professional Services and shall be at no additional cost
to the CITY.
3. Submit'completed Design Development Documents for
approval of the PROJECT MANAGER and make such revisions thereof as
required.
4. Adjust the rendered site plan of proposed PROJECT if
required by the PROJECT MANAGER.
The Design Development Phase shall be considered complete when
the PROJECT MANAGER has approved and accepted this phase as originally
presented or when revised as directed by the City Commission,
-6-
Ce CONSTRUCTION DOCUMENTS PEIASE
Upon written authorization from the PROJECT MANAGED, and
in accordance with all the approved and accepted parts of the Design
Development Phase, the PRINCIPAL shall perform the following services,
during the Construction Documents Phabe:
1. Prepare all construction contract plans and specifications
and other contract documents, except general conditions or supplementary
general conditions, for the completed PROJECT. The documents shall be
in conformance with all applicable Federal, State and Local Laws and
Codes and shall include such items as the working drawings and specifica-
tions, adequately setting forth in detail descriptions of the construction to
be done and also the materials, workmanship, finishes and equipment to
be required for all architectural, structural, mechanical, electrical,
service -connected equipment (e. g. fixtures and equipment attached to the
facilities electrically, mechanically or structurally) site improvements
and landscaping, as well as details regarding bidding procedures, the bid
proposal and any special provisions of the construction contract documents.
2. Revise the construction contract plans and specifications,
and other written report or documents' as required, to secure the approval
thereof by the CITY or by other agencies having jurisdiction.
3. Advise the CITY of any adjustments to previous cost esti-
mates which may be indicated by changes in scope, design requirements,
market conditions or otherwise.
4. Furnish the CITY with Final Estimate of PROJECT con-
struction cost based upon the completed working drawings and specifica-
tions, broken down into major categories. The PRINCIPAL'S estimates
of PROJECT construction cost shall be construed as the informed profes-
sional opinion of a responsible expert in the subject matter, and the CITY
will rely on it as a reasonable approximation of bids to be received. It
shall be incumbent upon the PRINCIPAL to ensure that the Final Estimate
of PROJECT construction cost is within the CITY'S budget,
5. See that all construction contract plans and specifications
(working drawings and specifications) are of a standard size approved by
the PROJECT MANAGER and bear the seal of either a Florida registered
professional landscape architect, architect, or engineer and that the names
of professionals responsible for major portions of the WORT{ appear on the
construction contract and specifications.
6. Provide design with low operating and maintenance costs,
and with consideration of the security and safety of the park users and the
surrounding residents.
7. Because of the CITY'S concern for energy conservation
it shall be fully understood that the PRINCIPAL will pay particular attention
to designing all of the energy 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.
9. After the CITY has approved and accepted in writing the
construction contract plans and other contract documents, conduct all
necessary dry -run checks of the construction contract plans and specifica-
tions in connection with securing the approval of necessary permits from
all governmental authorities having jurisdiction over the PROJECT. By
said acceptance, the CITY does not relieve the PRINCIPAL of any of his
responsibilities.
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.
The Construction Documents Phase shall be considered complete on the
day the CITY executes a Construction C.untract for the construction of the
PROJECT.
In the event that there is more than one construction contract, the
Contract Documents Phase shall be considered complete on the day that
the last Construction Contract is awarded.
-8-
D, I3IbDING PHASE
1. Prepare any addenda, with accompanying iwitigs or
ogler material as requited, and submit original of each to the PltOECT
MANAGER for approval and signature.
2. Assist the CITY in the review of bids and be available
as required, when the CITY MANAGER submits his recommendations
to the CITY COMMISSION.
3. Assemble and furnish the PROJECT MANAGER data for
publicity releases.
4. Take part in pre -bid conferences with CITY and pro-
spective bidders as required.
4
The Bidding Phase shall be considered complete on the day the
CITY awards a Construction Contract for the construction of the PROJECT.
In the event that there is more than one construction contract, the
Bidding Phase shall be considered complete on the day that the last
Construction Contract is awarded.
E. CONSTRUCTION PHASE
The Construction Phase will commence with the award of the
Construction Contract. Upon written authorization from the PROJECT
MANAGER, the PRINCIPAL shall provide the following services during
the Construction Phase.
1. Make periodic visits, as necessary, to the site to familiarize
himself with the progress and quality of the WORK and to determine that
the WORK is proceeding in accordance with the Contract Documents. Submit
a site visit report to the PROJECT MANAGER within five (5) calendar
days after each visit.
2. Keep the CITY informed by monthly written Progress
Reports of the actual progress of the WORK and the progress required
to adhere to the construction schedule.
3, Consider and evaluate any suggestions or modifications
which might be submitted by the Contractor, Subunit recommendations
on the matter to the PROTECT MANAGER,
r- 9 r
• •
4. Interpret the technical plans and specifications, as required.
5. Furnish any additional details or infortnation when required
for proper execution of the WORR.
6. Make written recommendations for the CITY'S review
and concurrence for such things as material and equipment, changes in
plans, extra wurk orders and supplemental agreements. These reviews
and concurrence shall not relieve the PRINCIPAL of any of his responsibilities.
7. Check and approve shop and working drawings, samples
and other submissions furnished by the Contractor. Retain a copy of all
shop and working drawings, duly approved by the PRINCIPAL, for permanent
CITY records.
8. Review results of all required testing necessary for the
PROJECT as required by the law or the Contract Documents; retain a
copy of all test results; see that all tests required by the Contract Docu-
ments are actually conducted; and inspect and approve all testing.
9. Review samples which are required to be furnished at the
job site; record data received and from whom; examine said samples and
notify the PROJECT MANAGER of his approval or rejection and maintain
custody of approved samples.
10. Check and approve the Contractor's construction schedule;
be alert to the completion date and to conditions which may cause delay
in completion and report same to the PROJECT MANAGER, advise the
PROJECT MANAGER when the PROJECT has been completed in accordance
with the Contract Documents and that the PROJECT is ready for final
inspection and acceptance.
11. After substantial completion, make a list of items for
correction bet:. . a final inspection, and check each item as it is corrected,
12, The contractor will be required to turn over to the CITY
a completed facility, however, the CITY shall have the right to take
possession of, and use any completed or partially completed portion of
the PROJECT, Such taking possession and use shall not be deemed an
LL.I
of all shopand workingdrawings, dulyapproved bythe PRINCIPAL and
,� g PP
-� �� •- ,copies of all tests results.
j
CI_ --� _._.1 18. Furnish written notice to the PROJECT MANAGER of any
G► 0 C
C./) L_L. fault or defect in the PROJECT or nonconformities in the Contract Documents,
acceptance of any work not completed and it shall in no way relieve the
PRINCIPAL of any of his responsibilities under the terms of this Agreement.
13, Maintain orderly files for (1) correspondence, (2) reports
of job conferences, (3) shop drawings and (4) reproductions of original
Contract Documents including all addenda, change orders and additional
drawings issued subsequent to the award of the Contract.
14, Upon request by the PROJECT MANAGER, attend and
report to the CITY on all required conferences held at the job site.
15. During the course of the WORK, review Guarantees,
Certificates and other documents as may be required by Contract Docu-
ments, and at the acceptance of PROJECT, verify completeness of this
material to the PROJECT MANAGER.
16. 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.
17. Furnish to the CITY within thirty (30) days after completion
of the Construction Phase of the PROJECT the original reproducible
drawings of the Construction Contract plans, revised to include all changes
or modifications to the design made during the Construction Phase; copies
in the best knowledge and belief of the PRINCIPAL.
19. The PRINCIPAL shall not be responsible for construction
means, methods, techniques, sequences, or procedures, or for safety pre-
cautions and programs in connection with the work, and he shall not be re-
.
sponsible for the contractor's failure to carry out the work in accordance with
the contract documents.
At the completion of construction of the PROJECT, the PRINCIPAL shall
deliver to the CITY written certification that the PROJECT has been con-
structed in accordance with CITY approved construction plans and specifications
4
and CITY approved change orders and shall furnish such other written
certificates as may be required by laws and regulations applicable to
the PROJECT.
The Construction Phase shall be complete when the PRINCIPAL has
delivered the aforesaid certificates including "as built" plans, etc, , to
the CITY; and the City Commission has accepted said PROJECT,
During all Phases, the PRINCIPAL shall act as his own representative
to the CITY in all matters pertaining to the PROJECT.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY will furnish the PRINCIPAL with the following services and
information from existing CITY records and CITY files:
A. Information regarding its known requirements for the PROJECT.
B. A Certified Land Survey of the site giving, as applicable, grades
and lines of streets, alleys, pavements and adjoining property, right-of-
way restrictions, boundaries and contours of the site, locations, dimensions
and data from existing records on file in the Department of Public Works
of the CITY pertaining to existing buildings, other improvements and
trees, and information concerning available service and utility lines both
!-.'.,� (/) public and private.
C. All reproduction and binding of the bidding and construction sets
0 of the drawings and specifications.
D. All existing and applicable CITY aerial photographs on a loan basis.
I"'"' E. A PROJECT MANAGER to act as liaison between CITY and
PRINCIPAL.
V . All required testing necessary for the PROJECT including core
borings, test pits, structural, mechanical, chemical, soil, and mill and
laboratory tests, and the services of a soils engineer or other consultants
when deemed necessary by the PRINCIPAL and the PROJECT MANAGER.
The PRINCIPAL shall be entitled to rely upon the accuracy, completeness
and competence thereof,
Cr. The CITY reserves the Fight to retain the services of a professional
Quantity Surveyor to prepare Detailed Construction Cost Estimates based
upon the Design Development Documents and the Construction Documents.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the Schematic Design Phase,
Design Development Phase, Bidding Phase, Construction Document Phase
and Construction Phase of the PROJECT, as outlined in SECTION 111 -
PROFESSIONAL SERVICES hereof, the CITY agrees to pay, and the
PRINCIPAL agrees to accept, as a full payment for his services the LUMP
SUM FEE OF Twenty Six Thousand Eight Hundred and Eight Dollars ($26, 808).
This LUMP SUM FEE will hereinafter be called the BASIC FEE. This
payment will be made monthly in proportion to the services performed so
that the completion of each Phase shall equal the following percentages of the
total BASIC FEE.
Schematic Design Phase 15%
Design Development Phase 35%
"SUPPORTIVE Construction Document Phase 75%
DOCUMENTS Bidding Phase 80%
FOLLOW" Construction Phase 100%
SECTION VI - SCHEDULE OF WORK
The PRINCIPAL and the CITY agree that time is of the essence in
the achievement of the PROJECT and further agree to execute their respective
responsibilities promptly and diligently and only upon and in strict conformance
with specific authorization from the CITY MANAGER or his DESIGNEE, in
writing. It is understood and agreed by both parties that the following
schedule for the WORK will be strictly followed by the PRINCIPAL.
A. SCHEMATIC DESIGN PHASE
The Schematic Design Phase shall be delivered to the CITY
MANAGER within fourteen (14) days of receipt of written authorization from
the PROJECT MANAGER to commence work on this phase,
43,
...,...:tEStcN DEY1LODMENT,PHASE
The Design Development Phase shall be delivered for review
and approval by the CITY MANAGER within fourteen (14) days of receipt
of written authorization to commence work on this phase.
C. CONSTRUCTION DOCUMENTS. Ill LASE
The Construction Documents for Construction shall be delivered
to the CITY MANAGER within thirty two (32) days. Work on this Phase
' shall commence after having received written authorization to proceed
from the PROJECT MANAGER at the completion of the Design Development
Phase.
D. BIDDING PHASE
The Bidding Phase for Construction shall commence within five (5)
days after the Construction Documents have been completed and is pro-
jected to require thirty (30) calendar days.
� �. Cr) E. CONSTRUCTION PHASE
w
_-•-- . The Construction Phase is expected to start upon award of
J
CI ' 0 Contract by the City Commission and is projected to require one hundred
CI o co
twenty (120) calendar days until completion.
tz)
V) 0 Li...
VII - ADDITIONAL CONSTRUCTION WORK AUTHORIZED
BY THE CITY
A. The CITY reserves the right to increase the scope and amount
of the construction contract by directly authorizing the Construction Con-
tractor to do extra or additional work without requiring the PRINCIPAL to
furnish professional or technical services.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any time
prior to completion of the WORK without penalty to the CITY, In that
event, termination of this Agreement shall be in writing to the PRINCIPAL
and the PRINCIPAL shall be paid for his services rendered in each com-
pleted PHASE prior to termination, in accordance with SECTION V -
COMPENSATION FOR SERVICE, provided however that the PRINCIPAL
is not in default under the tern of this Agreement, If, however, the
terthihation of this Agreement occurs during an incomplete PH-IASE,
then the PRINCIPAL shitt be paid at the rate of two and one-half (2 )
tines Direct Technical Salaty Expense for those services tendered in
such incomplete PRASE, provided that the PRINCIPAL is not in default
under the terms of this Agreement. In no case, however, will the CITY
pay the PRINCIPAL a greater amount for this incomplete PHASE than
an
would have been paid had the termination been made at the 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 PRINCIPAL proposes to have the following specialists, either
from his organization or as his consultants or associates, to perform
the services indicated:
A. Landscape Architect
B. Architectural
C. Civil
D. Electrical
E. Mechanical
F. Structural
The PRINCIPAL will be responsible for all the WORK of his own
organization, and of his consultants or associates. Nothing contained in
this Agreement shall create any contractual relation between any of the
specialists working for the PRINCIPAL and the CITY. It shall be understood
that the PRINCIPAL is no way relieved of any of his responsibilities under
the terms of this Agreement by virtue of any other professional who may
associate with him in performing the WORK.
. LI OW"
SECTION X - ADDITIONAL PROFESSIONAL RESPONSII3II.ITIES
The following professional services and work by the PRINCIPAL, shall
not be considered extra services but, on the contrary, shall be considered
part of the WORK of the PRINCIPAL;
-15-
A. Revisions to the Contract Documents in the Bidding Phase to
reduce the cost of construction of the PROJECT to the final budgeted of
CITY approved amount for the construction of the PROJECT, if the amount
of the lowest acceptable bid received by the CITY for the construction of the
PROJECT is in excess of the final amount budgeted or approved for the cost
of the construction contract of the PROJECT,
13. Any other revisions suggested by the CITY that are within the
scope of the WORK before the Design Development Documents and Outline
Specifications are approved by the CITY.
C. The PRINCIPAL is to furnish landscape architectural and engineering
designs as part of his basic services within the stipulated LUMP SUM FEE.
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books, survey
information, maps, contract documents, reports and other data developed
as a result of this Agreement shall become the property of the CITY without
restriction or limitation on their use. It is further stipulated that all infor-
mation developed as a part of the PROJECT shall not be used by the PRINCIPAL
without written consent of the CITY.
It is further understood by and between the parties that any information,
maps, contract documents, reports, tracings, plans, drawings, specifications,
books or any other matter whatsoever which is furnished by the CITY to the
PRINCIPAL pursuant to this Agreement shall all times remain the property
of the CITY and shall not be used by the PRINCIPAL for any other purpose
F , whatsoever without the written consent of the CITY.
It is further understood that the PRINCIPAL shall issue no press
release or other publicity about the project without prior submittal to the
CITY and written approval from the PROJECT MANAGER,
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or retained any
company or persons to solicit or secure this Agreement and that he has not
paid or agreed to pay any company or persons any fee, commission, per-
centage, brokerage fee, or gifts or any other considerations contingent upon
or resulting from the award or making of this Agreement,
-16-
The PRINCIPAL also warrants that to the best of 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 job, work, or services for the CITY in connection
with the contract or construction of this PROJECT.
The PRINCIPAL shall not engage during the period of this Agreement
the services of any professional or technical person who has been at any
time during the period of this Agreement in the employ of the CITY. This
dues not apply to retired employees of the CITY.
The PRINCIPAL is aware of the conflict of interest laws of both the
CITY of Miami. and Dade County, Florida, and agrees that he shall fully
comply in all respects with the terms of said laws.
SECTION XIII - EXTENT OF 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 by both the CITY and the
PRINCIPAL. "SUPPORTI�1E
SECTION XIV - SUCCESSORS AND ASSIGNS ��CU� v�EN l �,
FC�� �%„
The PRINCIPAL shall make no assignments or transfer of"this
Agreement, or sublet, assign or transfer any part of the WORK under this
Agreement without the written consent of the CITY. This Agreement shall
be binding upon the parties hereto, their heirs, executors, legal representa-
tive, successors and assigns.
SECTION XV - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other factual
unit costs supporting the compensation are accurate, complete and current
at the time of contracting and that the original contract price and any
additions thereto shall be adjusted to exclude any significant sum where
the CITY determines the contract price was increased due to inaccurate,
incomplete or non -current wage rate and other factual unit cost. Such adjust-
ments must be made within one year following the end of the contract,
-17-
8tCTIO 1 X Vt - , RIGHT TO AUDIT
The CITY reserves the right to audit the records of the PRINCIPAL
any tithe during the prosecution of this Agreement and for a period of
one year after final payment is made under this Agreement,
Notwithstanding any other provision of this Agreement, in no event
shall the payment of the LUMP SUM FEE under SECTION V herein, enable
the PRINCIPAL to earn a profit or more than TWENTY (20%) PERCENT
of that LUMP SUM FEE. At the time the final increment of that LUMP
SUM FEE is due to be paid by the CITY to the PRINCIPAL pursuant to
the terms of SECTION V herein, the PRINCIPAL shall submit to the CITY
a certification of his total costs incurred and profits realized in providing
the basic services as outlined in SECTION III herein. If such certification
indicates profits in excess of the maximum set forth above, the PRINCIPAL
shall simultaneously remit any overage to the CITY. The CITY reserves
the right to audit the books and records of the PRINCIPAL and to adjust
the amount of any such repayment in the light of said audit. In calculating
the total costs incurred by the PRINCIPAL'S own staff, the PRINCIPAL
shall use a percentage overhead applied to the DIRECT TECHNICAL SALARY
EXPENSE as defined in SECTION II - DEFINITION herein. The percentage
overhead shall be equal to the actual percentage overhead pertaining for all
of the PRINCIPAL'S work in the last twelve (12) month period preceding the
date of this Contract for which data is available. All services provided by
subcontractors to the PRINCIPAL shall be included at the actual cost paid
by the PRINCIPAL and the percentage overhead shall not apply.
SECTION XVII - INSURANCE AND INDEMNIFICATION
The PRINCIPAL shall not commence work on this Contract until
he has obtained all insurance required under this paragraph and such
insurance has been approved by the CITY.
The PRINCIPAL shall indemnify and save the CITY harmless from
any and all claims, liability, losses and cau: os of actions which may arise
out of the PRINCIPAL'S operation of this Agreement,
=8-
CI-UO
_ O U.
C ...
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. Public Liability Insurance in amounts not less than $300, 000. 00
per occurrence for bodily injury and $50, 000. 00 per each occurrence for
property damage.
B. Automobile Liability Insurance covering all owned, non -owned
and hired vehicles in the following amounts: $100, 000. 00 per person and
$300, 000. 00 per occurrence.
C. Professional Liability Insurance in a minimum amount of
$100, 000. 00 covering all liability arising out of the terms of this
Agreement.
D. Employers Liability Insurance in amounts as indicated in
Paragraph "A" above.
E. Workman's Compensation Insurance in the statutory amounts.
The insurance coverage required shall include those classifica-
tions as listed in standard liability insurance manuals, which most nearly
reflect the operations of the PRINCIPAL.
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 Property Manager of the CITY.
The PRINCIPAL shall furnish certificates of insurance to the CITY
prior to the commencement of operations, which certificates 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 to the CITY.
49,
4
Compliance with the foregoing requirements shall not relieve the
PRINCIPAL of his liability and obligations under this Section or under any
portion of this Agreement,
SECTION XVII - RIGHT Or` DECISIONS
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 his decisions upon
all claims, questions of fact, and dispute shall be final, conclusive and
binding, upon the parties hereto, unless such determination is clearly
arbitrary or unreasonable. In the event that PRINCIPAL does not concur in
the judgement of the PROJECT MANAGER as to any decision made by him,
the PRINCIPAL shall present his written objections to the CITY MANAGER,
and the PROJECT MANAGER and the PRINCIPAL shall abide by the decision
of the CITY MANAGER. Adjustment of compensation and contract time,
because of any changes in the WORK that may become necessary or be
deemed desirable as the WORK progresses, shall he reviewed by the
PROJECT MANAGER and the CITY MANAGER and submitted to the City
Commission for approval.
SECTION XIX - NON-DISCRIMINATION
A. The PRINCIPAL shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The PRINCIPAL shall take affirmative action to ensure that appli-
cants are employed, and the employees are treated during employment
without regard to their race, color, religion, sex, or national origin.
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
"SUPPORTIVE
DOCU
FOLLOW
Ca—
C.) 0
ethployrnent, notice to be provided by the Personnel Officer setting forth
the provisions of the Fqua1 Opportunity clause,
I3. The PRINCIPAL shall state, in all solicitations or advertisements
for employees placed by or on behalf of the PRINCIPAL, that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex or rational origin.
C. The PRINCIPAL understands and agrees that the work to be
performed under this Contract is a project under direct Federal financial
assistance from the U. S. Department of Housing & Urban Development
and that compliance with the regulations, policies, guidelines and require-
ments of that agency including Office of Management and Budget Circular
No. A-95 and Federal Management Circulars 74-a 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 making Building and Facilities Accessible to and Usable
by the Physically Handicapped" and to comply with Title VI and Title VII
of the Civil Rights Act of 1964, as amended, and specifically to the require-
ments of the Department of Housing & Urban Development and any amend-
ments thereto as well as to the conditions in the Grant Agreement for the
Community Development Block Grant Program.
SECTION XX - HATCH AND DAVIS - BACON ACTS
A. The PRINCIPAL warrants that he and his Sub -contractors will
comply with the Hat ch Act as amended which limits the political activities of
employees and the Davis -Bacon Act as amended which requires the payment
of prevailing wage rates of this area as determined by the Secretary of
Labor.
SECTION XXI - 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,
-Zl-
StCTION X?II - CONFLICT OF INTEF ST
The CITY and
covenant
that no person, under their employ who presently exercise any
functions or responsibilities in connection with Community Develop-
ment funded activities, has any personal financial interest,
direct or indirect, in this agreement. The CITY and
further covenant that, in the perfor-
mance of this agreement no person having such conflicting interest
shall be employed. Any such interest, on the part of the CITY
or or its employees,
must be disclosed, in writing.
IN WITNESS WHEREOF the parties hereto have individually
and through their proper corporate officials, executed this
Agreement, the day and year first above set forth.
ATTEST:
CITY CLERK
THE CITY OF MIAMI, a municipal
corporation of the State of
Florida.
By
CITY MANAGER
PROJECT MANAGER
APPROVED AS TO CONTENT:
DIRECTOR
DEPT. OF PARKS & RECREATION
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR.
CITY ATTORNEY