HomeMy WebLinkAboutR-78-03290O
RESOLUTION NO 3 2 9
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
ALERT PEREZ ASSOCIATES TO PROVIDE PROFESSIONAL
LANDSCAPE ARCHITECTURAL SERVICES FOR THE DESIGN
AND DEVELOPMENT OF RIVERSIDE PARK, S. W. 3 STREET
AND 8 AVENUE; AND AUTHORIZING THE EXPENDITURE OF
$355, 000 FROM THE PUBLIC PARKS AND RECREATIONAL
FACILITIES BOND FUND AND COMMUNITY DEVELOPMENT
SECOND YEAR BLOCK GRANT FUNDS FOR THIS PARK
PROJECT
WHEREAS, the City of Miami Commission has allocated $355, 000
from the Public Parks and Recreational Facilities Bond Fund and
Community Development Second Year Block Grant Funds for Riverside
Park; and
WHEREAS, the City of Miami Commission, by Resolution Number
78-298 directed the City Manager to negotiate an agreement with Albert
Perez Associates for landscape architectural services for this park;
and
WHEREAS, the City Manager and Albert Perez Associates have
agreed that Albert Perez Associates will perform these services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
"DOCUMENT: INDEX
ITEM NO
rr
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 Year Block Grant Fund in the amount
of $355, 000 for Riverside 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 Albert Perez Associates for professional landscape
architectural services for $26, 000 for Riverside Park.
CITY COMMISSION
MEETING OF
MAY l a 1978
reutrn#4 M1 r 3 2
PASS]b AN] AbOPTET this H i9._,, . day cif MAY _.... ,,.,.._ , 19784
MAURICE A. FERRE..
Mayor
ATTEST:
1C$2
City Clerk
PREPARED AND APPROVED BY:
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
;777
City ttorney
"SU PPORTIVE
DOCU ENTS
FOLLOW"
78-329
70:
Joseph ke Grassie
City Ivianager
Department of Parks and Recreation
'I.:ACP, Ar4t
:Ars May 9, 1978
;,.i,-E,,, Landscape Architect Agreetietit
for Riverside Park
In accordance with Resolution No. 78-298, authorizing
the City Manager to negotiate for professional landscape
architectural services, negotiations are complete and an
agreement has been reached. Albert Perez Associates
will perform professional services for Riverside Park
for $26, 000.
The total budget for this project is $355, 000.
AHH/STP/perr
"SUPPORTIVE
DOCUMENTS
FOLLOW„
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LANDSCAPE ARCHITECTURAL
AGREEMElvT
THIS AGREEMENT trade this day of
1978 by and between THE CITY OF MIAMI, a Municipal Corporation of
the State of Florida, hereinafter called CITY and Albert Perez Associates,
hereinafter called PRINCIPAL,
WITNESSETH
THAT WHEREAS, the CITY proposes to construct Riverside Park,
SW 8th Avenue and 4th Street, hereinafter called PROJECT: and
WHEREAS, the CITY has programmed $355, 000 from the Parks for
People Bond Fund and Community Development Second 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
L.l.I
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•-- •-. .._1 WHEREAS, the Commission of the City of Miami has authorized the
L Q 0 CITY MANAGER to prepare invitation proposals for landscape architectural
(i) Q services in accordance with State Laws for the Riverside Park; 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
Number 78-298 adopted April 27, 1978, selected the firm of Albert Perez
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;
78-329
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SECTION I = GENERAL
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 WORT{ 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 $355, 000 for the total
project cost of Riverside Park. This amount includes the following:
1. $285, 000 for construction of Riverside Park, to include
the following:
a. Site development of 3. 5 acres
b. Comfort Station
c. Landscaping
d. Street closure
2. The LUMP SUM FEE for the selected landscape architec-
tural engineering firm providing the required professional
and architectural services.
3. All tests required for the PROJECT.
4. Art work, if required.
5.a All inspection and administrative costs of the PROJECT.
ID . 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 in full for all the professional and technical services rendered,
as outlined in SECTION III .: PROFESSIONAL SERVICES, hereof the LtJMP
SUM FEE OF Twenty Six Thousand Dollars ($26, 000).
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 Albert Perez Associates.
LLIC if)
ljj f='' Riverside Park.
0 F. ART WORK - is hereby defined as the art work to be provided
U based on the scope of the PROJECT as set forth in CITY Ordinance No. 8227
CD o
.. and Dade County Ordinance No. 73-77. It shall be incumbent
E.
PROJECT - is hereby defined as the construction of
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
honey 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 WORT~ 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
dollars ($20. 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-I-iealy Act, The Occupational Safety and Health Act, The National
Environmental Policy Act and Equal. Opportunity Legislation and U. S.
Department of '-lousing & Urban Development requirements, attached
hereto as Exhibit "A",
e.- 4 r.
G. The CITY reserves the right 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 F'OR 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 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 Twenty Six Thousand Dollars ($26, 000).
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
Design Development Phase
Construction Document Phase 75%u
Bidding Phase 80%
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,
15%
3 5 %
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A � 1, ..�
?�r5IC ,DEVELO1? t1J`1fi PRASE
The Desigtrt Devcloptnent 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, CO STP tTION DOCUMENTS PHASE
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 1.vritten 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.
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 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 PRM CIPAL 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 PRASE prior to termination, in accordance with SECTION V -
COMPENSATION FOR SERVICE, provided however that the PRINCIPAL
is not in default under the term of this Agreement, If, however, the
ter in ation of this Agreement occurs during an incomplete PHASE,
then the PRINCIPAL shall be paid at the rate of two and three-quarters (Z-3/4)
times Direct Technical Salary Expense for those services rendered 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 trade 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.±cal
E. Mechanical
"SUPPORTIVE
DOCUN'E iS
FOLLOW"
F. Structural
The PRLNCIPAL 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.
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;
-i5-
SECTION !{VI C2 6H'I' TO AttDIT.
'the CITY reserves the right to audit the records of the PRINCIPAL
any time 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 PRNCIPAL'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-
SECTION XYII = CONFLICT OF INTEREST
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,
director 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 CO RI3 TNESS :
GEORGE F. KNOX, JR,
CITY ATTORNEY