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HomeMy WebLinkAboutR-78-0328MEW rem MEEK MEW MMIMEW M EMMIOW MINEK MIEN MMIMIN MEM RESOLUTION NO.78,7,3.2b A RESOLUTION AUTHORIZING THE CITY MANAGER • TO EXECUTE THE ATTACHED AGREEMENT WITH O'LEARY-SHAPER AND ASSOCIATES TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE DESIGN AND DEVELOPMENT OF LEMON CITY PARK, 36 N.E. 59th STREET; AND AUTHORIZING THE EXPENDITURE OF $207, 973 FROM THE PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND AND COMMUNITY DEVELOPMENT THIRD YEAR BLOCK GRANT FUNDS FOR THIS PARK PROJECT WHEREAS, the City of Miami Commission has allocated $207, 973 from the Public Parks and Recreational Facilities Bond Issue and Community Development Third Year Block Grant Fund for Lemon City Park; and WHEREAS, the City of Miami Commission, by Resolution Number 78-300 directed the City Manager to negotiate an agreement with O'Leary - Shafer and Associates for landscape architectural services for this park; and WHEREAS, the City Manager and O'Leary -Shafer and Associates have agreed that O'Leary -Shafer and Associates will perform these services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT INDEX ITEM N0. 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 Third Year Block Grant Fund in the amount of $207, 973 for Lemon City 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 O'Leary -Shafer and Associates for professional landscape architectural services for $17, 500 for Lemon City Park. CITY COMMISSION MEETING OF MAY 1 9 1978 PASSED AND ADOPTED this 19 dy of MAY 19786 MAURICE A1 FE RRE Mayor ATTEST: CC2/ City Clerk PREPARED AND APPROVED BY: dZ4' (Zi'K Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: City ttorney "SUPF'ORTIVE DOCUMENTo FOLLOW" <.:ITY C. F NiIA I, ri_CRIDA INVER-0 1Cz MEN1011A'JDU:A To: 1 ichatd L r 'ostnoen Assistant City Manager FROM: osejh W. McManus Acting brector Planning Department May 18, 1978 :,:_c, Conflict of interest William O'Leary o rr.v E':Oi C4:3 Commission Agenda == Item #20 L •C.. .:Uf?C6. Mr. William O'Leary is an outstanding member of the commission appointed Urban Development Review Board. It is necessary to grant a waiver of the conflict of interest requirements of the City Code in order to award his firm a contract for landscape architectural consultant services for Lemon City Park and also allow him to be retained as an U.D.R.B. member. This waiver may be granted by a finding of four -fifths of the Commission in the form of a motion that: 1. The services are unique and such a transaction would violate the conflict of interest require- ments but for the waiver; and 2. Such a transaction would be in the best interest of the City. This action should take place before the awarding of the contract and needs only to be a part of the public record. A copy of Article V, sec. 2 - conflicts of interest is attached. JWM:ROW:so Attachment cc: Law Department 'TINE S L'' D j} 1 327 78-32s 2-102 ADMINISTRATION y 2-104 ter of any board, commission or agency of the city. (Ord, Na. i122,§1.) Sec. 2-102. Transacting business with city; appearances be- fore city commission.. No person included in section 2-101 shall enter into any contract or transact any business with the city or any per- son or agency acting fur the city, or shall appear in repre- sentation of any third party before the city commission, ancI any such contract, agreement or appearance entered in vio- lation of this section shall render the transaction voidable. Wed. No. 7122,; 2.) Sec. 2403. Accepting gifts, etc., from. persons contracting,. etc... with city. Every officer. official or employee of the city. including every member of any board, commission or agency of the city, is expressly prohibited from accepting,. directly or indirectly, from any person, company. firm or corporation to which any purchase order or contract is or might he awarded, any re- bate, gift, money or anything of value whatsoever, except where given for the use and benefit of the city. (Ord. No. 7122, a 3.) Sec. -1(11. Waiver of requirements of article. The requirements of this article may be waived for a par- ticular transaction or transactions only by affirmative vote of four -fifths of the members of the city commission after public hearing. Such waiver may be effected only after findings by form --fifths of the members of the city commission that: One, the property or services to be involved in the proposed trans- action or transactions are unique and the city cannot avail itself of such property or services without entering into such transaction or transactions which would violate this article but for the waiver of its requirements; and two, that the pro- posed transaction or transactions would be to the hest interest of the city. Such findings shall be spread on the minutes of the city commission. This section shall be applicable only to pro- spective transactions, and the city commission may in no case ratify a transaction entered in violation of this article. Sopp. e.;s /. 2-105 DIIAMI CITY CODF: 2- Section 18.10(1) of the Florida Statutes is incorpaors1tel.�d herein by reference, and such subsection shall apply to all members of any authority, commission or hoard. The provisions of this article shall not be applicable to members of the following who are serving without compensa- tion : (a) Members of boards created pursuant to section 88 of the Charter. (b) Members of all boards or authorities. whether created pursuant to the Charter of the city. general laws of the state, or special acts of the state Legislature. (Ord. No. 7669. 1.) Sec. 2-105. List of real estate owned —Required of certain officials. All the following enumerated elective and appointive of- ficers or employees of the city shall, within thirty days from the effective date of sections 2-105 to 2-108.3 submit to the city clerk a complete itemized list of all real property owned by hint whether the title be either legal or equitable, whether owned in whole or in part, including corporate real property in which he has a controlling interest or in an officer of such corporation, and shall include the following information a+ to each parcel of land: (a) The legal description and common address; (b) The municipal or county zoning classification wherein the property is located; (c) The manner in which the property is presently being utilized. The itemized list shall be verified under oath. Mayor City commissioners City attorney City clerk City manager Municipal judges Civil service board Pension board Planning and zoning board 3. lidilor's note. —The ordinance from which the sections referred to derive became effective June 1, 1067. 2-16 Stipp. G.fd '�-105 ADMINISTRATION llirectnr of department of water and sewers Executive director of downtown development authority Executive director of the housing authority Director of department of off-street parking Executive secretary of civil service board Executive secretary of planning and zoningboar t Fire chie Chief of pfolice Water and sewer board Downtown development authority Commissioner: of the housing authority Off-street parking board Directors of all departments 1IIAuiI CITY CODE § 2-100.f, Sec. 2-100.6. Same — Internal audit section; establishment duties, etc., of public utility division of internal audit section. Subject to the supervision and control of the director of the department of management services, the assistant department director in charge of internal audit services shall manage. supervise and control the internal audit functions to be per- formed in behalf of the city. Ile shall establish within the section a subordinate division to be known as the public utility division. The public utility division shall maintain such records as are necessary to establish whether the various utilities, in- cluding the metropolitan department of water and sewers, operating in the city- are complying with the provisions of the applicable laws and ordinances and shall submit to the city commission semiannual reports reflecting the activities of the utility companies, including but not limited to operating ex- penses. gross income, profit and loss depreciation schedules and other pertinent information. Such reports shall be num- bered consecutively. beginning with the next number follow- ing the number of the last report rendered by the public utility division of the bureau of internal auditors. Each even num- bered report shall be accompanied by an annual audit of each of the utilities included in each semiannual report and shall he such observations and recommendations as the bureau of internal auditors may elect to make in the public interest. (Otd.No. S311.§9.) 0 --I Snnn. § 2-101 ADMINISTRATION § 2-101 Article V. Conflicts of Interest: Sec. 2-101. Applicability of article. This article shall be applicable to and binding upon every officer, official and employee of the city, including every mem- 2. Charter. —For charter provisions prohibiting city officers and em- ployees from having interest in profits, etc., of contracts.. jobs, etc.,. performed for the city. see Char., a 4(c). Cross Reference. —As to conflicts of interest in regard to members, employees, etc., of downtown development hoard,. see § 13-15 of this ('ode. As to bondsmen influencing city officers and employees, see 310. Law Review. —For law review note as to conflicts of interest of mu- nicipal officers. see 20 Miami L. Rev. 472. 'l-106 N ' 1=1015 ADMINISTRATIO rn,.uted that only those real properties shall, be requirt,I to, be :dcd' that are located within the corporate limits of the city or iho,e properties located five hundred feet beyond: the corporate uniu of the city The real properties required to be listed shall be 1,n the form attached hereto and made a part hereof. All the elective and appointive officers or employees .numerated above who are appointed subsequent to the effective ,late of sections 2-105 to 2-108 shall, within thirty days of their rlcctiun or appointment, submit an itemized list verified under nth of real estate holdings as provided above. (Ord. No. 7549;. a§ 1.'2.1 Sec. 2-106. Same —To be renewed annually.. All those elective and appointive officers and employees. as ,l,•scribed in section 2-105 shall, between the first day of ':,,.ember and the first day of December.. 19147, and each succeeding year thereafter, submit new itemized lists of real rotate holdings as required under section 2-105 subject to, the t.•rnts and conditions as contained in section 2-105. (Ord_ No_75491, :1.1 See. 2-107. Repealed by Ordinance No.8235. § 1. See. 2-108. Same — Penalty for violation of s etions, 2-105ta 2-107. Any elective or appointive officer or employee violating sections 2•105 to 2-1(17 shall be removed from office in accordance with the taw. (Ord. No. 75.19, § 5.1 20' 1.3. Joseph 1t. Crassie City Manager lber ova erector Department of Parks and Recreation May 9, 1978 Landscape Architect Agreement for Lemon City Park 5 F :r•E:4C�S: In accordance with Resolution No. 78-300, authorizing the City Manager to negotiate for professional landscape architectural services, negotiations are complete and an agreement has been reached. O'Leary -Shafer and Associates will perform professional services for Lemon City Park for $17, 500. The total budget for this project is $208, 000. AHH/STP/pem 1tC+! F QL� ,.owl 78- 328 msz IEW MEW Mint maize ENEk LANDSCAPE ARCHITECTURAL AGREEMENT THIS AGREEMENT trade this day of 1978 by and between TI-It CITY OF MIAMI, a Municipal Corporation of the State of Florida, hereinafter called CITY and O'Leary -Shafer and Associates, hereinafter called PRINCIPAL. WITNESSETH THAT WHEREAS, the CITY proposes to construct Lemon City Park, 36 Northeast 59th Street, Miami, Florida, hereinafter called PROJECT; and WHEREAS, the CITY has programmed $207, 973 from the Parks for People Bond Funds and Community Development Third Year Block Grant Funds to finance the construction, 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 Lemon City Park; further directing the CITY MANAGER to receive said proposals and submit his findings to the City Commission of the City of Miami by Resolution Number 78-300 adopted April 27, 1978, selected the firm of O'Leary - Shafer and Associates 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; "SUPPORTIVE DOCU ";, Er\ IS FCLLOv" '78-cl a> �� l_ SECTIoN I� OtNERAL A. The PR/NC/PAL and the CITE ate fully aware of the project schedule that must be net and will therefore proceed with all diligence to carry out the WORK to meet such reguirernents. 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 $207, 973 for the total project cost of the Lemon City Park. This amount includes the following: 1. $170, 000 for the construction of Lemon City Park, to include the following: a. . Site development of 2. 75 acres b. Comfort Station c. Renovation of existing buildings d. Landscaping e. Street closure 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 payrnent in full for all the professional and technical services rendered, as outlined in SECTION III - PROFESSIONAL SERVICES, hereof the LUMP SUM PEE OF seventeen thousand five hundred dollars ($17, 500), SECTION II- DEFINITIONS 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 O'Leary -Shafer and Associates. E. PROJECT - is hereby defined as the construction of the Lemon City 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, 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, Mink 1=1- mow. OEM amiM LUMP SUM FEE 3 is hereby defined as the amount of Money the CrrY agrees to pay and the PRINCIPAL agrees to accept as payment ih 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 twenty-two dollars ($22. 00) per hour plus payroll burden which shall not exceed twenty (20) percent. SECTION III - 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", f A. SCIIElvIATIC DESIGN PI-IASE Upon written actthoritation from the PROJECT MANAGER, the PRINCIPAL shall perform the following services during the Schematic: Design Phases I, Consult with the CITY to ascertain the requirements of the PROJECT, Confirm such requirements in writing to the PROJECT MANAGER. 2. Develop and establish the 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 stue.es, 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 Edison -Little River Community Development Task Force. The first pre- . sentation 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 CT MANAGER has approved and accepted this Phase as originally presented or as revised upon direction by the PROJECT MANAGER in writing, l3. DtSIGN DEVELOPMENT Pf-CASE Upon written authorization from the PROJECT MANAGER and in accordance with all approved and accepted parts of the Schematic Design Phase, the PRINCIPAL shall perform the following services during the Design Developtent Phase: le 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- C, CONSTRUCTI.ON_ DOCUMENTS PHASE Upon written authorization from the PROJECT MANAGER, and in accordance vvith all the approved and accepted parts of the Design Development Phase, the PRINCIPAL shall perform the following services, during the Construction Documents Phase: 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. :ss r' 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, r7- 5. See that all construction contract plans and specifications (working drawings and specifications) are of a standard size approved by the Plia ECT MANACEf 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 WOIU< 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 aConstruction Contract for the construction of the PROJECT, In the event that there is Vlore than one construction contract, the Contract Documents Phase shall be considered complete on the day that the last Construction Contract is awarded, ii rliirri0gIy1pp,11111!i111111110 -8- fltDfl1NG PI IASE 1, Prepare any addenda, with accompanying drawings or other material as required, and submit original of each to the PROJECT 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. 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. Submit recommendations on the matter to the PROJECT MANAGER. 4. Interpret the technical plans and specifications, as required. 54 la urnisli any additional details of information when required for proper execution of the W0111‹, 6. Make written recommendations for the CITY'S review and concurrence for such things as material and equipment, changes in plans, extra work 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'before 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 -10.. s..1 f) ,"" of all shop and working drawings, duly approved by the PRINCIPAL and ' , L.,. opies of all tests results. t-'•. :ID —I 18. Furnish written notice to the PROJECT MANAGER of any j) fault or defect in the PROJECT or nonconformities in the Contract Documents, acceptance of any work not cornpleted 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 complet. ,less 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 _11 and CITY approvea 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 PROJEC''. 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. 13, 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 IA'. •ks 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 constructio-. sets of the drawings and specifications. D. All existing and applicable CITY aerial photographs on a loan basis. E. A PROJECT MANAGER to act as liaison between CITY and PRINCIPAL. F. 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 shah be entitled to rely upon the accuracy, completeness and cu#npetence thereof, An opportunity to inspect the roofing and ceiling will be provided one time by the CITY. Go The CITY reserves the right to retain the services of a professional Quantity Surveyor to prepare Detailed Construction Cost Estimates baser] 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 Pha :e, Construction Document Phase and Construction Phase of the PROJECT, as outlined in SECTION III 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 seventeen thousand five hundred dollars ($17, 500). 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% t onstruction Document Phase 75% Bidding Phase 80% Construction Phase SECTION VI - SCHEDULE OF WORK The PRINCIPAL and the CITY agree that time is of the essence in 100% 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 DESIGN E:E, 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, .13. bE51GN ..i EV'ELoP SE.i�t` 1'I. AST The Design Development Phase shall be delivered for review and approval by the CITY MANAGER within fourteen (1.4) days of receipt of written authorization to commence work on this phase. C, CONSTRUCTION DOCUMENTS PIMA: iE 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 commend within five (5) days after the Construction Documents have been completed and is pro- jected to require thirty (30) calendar days. E. CONSTRUCTION PHASE The Construction Phase is expected to start upon award of Contract by the City Commission and is projected to require one hundred twenty (120) calendar days until completion. SECTION VII - ADDITIONAL CONSTRUCTION WORK AUTHORi%ED BY THE CITY A. The CITY reserves tiie 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 accorc;ance with SECTION V - COMPENSATION FOR SER VICE, provided however that the PRINCIPAL, is not in default under the term of this Agreement, If, however, the -14- tertnil atibh of this Agreement occurs during an incomplete PHASE, then the PRINCIPAL shall be paid at the rate of two and one-half (2,' ) times Direct Technical Salary Expense for those services renderer: in such incomplete PHASE, 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 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 stall 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. 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 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. SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES 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; c. "SUPPORTIVE DOCU 4 N -i • J Fpst,'`� imna MEW A. Revisions to the Contract Documents in the Bidding Phase to reduce the cost of construction of the PROJECT to the fii ,.1 budgeted or CITY approved amount for the construction of the P120,JDCT, 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 of approved for the cost of the construction contract of the PROJECT. $. 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 rchitectura1 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 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. S..:CTION 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 agreeu to pay any company or persons any fee, commission, per- centage, brokerage tee, 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 does 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 thg r- 11Q1 t DOR 1 f11tt- L.,�i 1t PRINCIPAL. A T_. �. ,•? SECTION XIV - SUCCESSORS AND ASSIGNS FOLLOW" 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, MffiEMI Mir a- -17- 5tCTION :tali mom' TO Auorr The CITY reserves the right to audit the records of the PRINCIPAL, atiy tii-ne 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 TEE under SECTION V herein, ena.ble the PRINCIPAL to earn a profit or more than TWENTY (2O%) 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 causes of actions which may arise out of the PRINCIPAL'S operation of this Agreement. -18- The PRINCIPAL shall pay all claims and losses of a.iy nature whatsoever in co►niction therewith and shall defend all suits, in the natne 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 cla ;sifica- 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 author. •.d 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. -19- of- Cotrtpliance 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 OF 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 ma . '.,y 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 be 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 etnploytnent, notice to be provided by the Personnel Officer setting forth the provisions of the Equal Opportunity clause. 13. The PRINCIPAL shall state, ih 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 national 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 .,gency 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 coi..ply 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 prevailfng 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, -Z1- SECTION XXII CONFLICT OFINTEREST 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 APPROVED AS.TO FORM AND GEORGE F. KNOX, JR, CITY ATTORNEY 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 ECTNESS: -22-