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HomeMy WebLinkAboutR-77-0127RPC/tb 1/11//6 000UM fOLLO\N" tESc ,tfTI N NO. 77-i2 A RESOLUTION AUTHORI'ZINO THE CITY MANAGER TO EXECUTE AN A+SREEMENT WITH TEb tAKt ORotP, A PROFESSIONAL ASSOCIATION OF LAND- SCAPE ARCHITECTS, TO PROVIDE PROFESSIONAL SERVICES POR'THE DESIGN AND btVtLoPMENT of CENTRAL MIAMI NEIGHBORHOOD PARK, LOCATED AT N.W. 5 AVENUE AND 10 STREET, MIAMI, FLORIDA, WITH PONDS THEREFOR IN THE AMOUNT Oia $15 , 000 ALLOCATEtD FROM THE PARKS FOR PEOPLE BOND PtiNbS . WHEREAS, the voters of the City of Miami have approved in an election on March 14, 1972, a Bond Issue in the amount of $39,890,000 for Parks and Recreational Facilities which includes $160,000 for the development of CENTRAL MIAMI NEIGHBORHOOD PARK, located at N.W. 5 Avenue and N.W. 10 Street; and WHEREAS, the Miami City Commission by Resolution. 75-742, dated July 31, 1975, authorized and directed the City Manager to advertise for and receive proposals from landscape architectural firms in Dade County for professional design services for CENTRAL MIAMI NEIGHBORHOOD PARK; to subsequently appoint a competitive selection committee for the purpose of review, evaluation and ranking of interested firms in terms of their qualifications to perform needed services; and to nego- tiate a contract with said firms; and WHEREAS, the consultant was selected in accordance with Florida Statutes, Section 287.055, the Consultant's Com- „DOCUMENT INDEX petitive Negotiatons Act; and ITEM NNN0. / ft WHEREAS, the firm of Ted Baker Group, la, architects, with its designated sub -consultants, Joseph Middlebrooks, Associates, Architects, and the Miami Black Arts Workshop, were judged to be most qualified among all applicants to undertake this project; and . ,..,ter ;el TY COMMISSION McETtNG OF 1 FEB). 0 1977 RESDtUTION HQ . *+ WHEREAS, the firm of'ed Baker croup desires to perform the above professional servides under the direction of and for the account Of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OE THE CITY OP MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement with the Ted Baker Group, a professional association of leading architects, to provide professional land- scape architectural services for the design and development of CENTRAL MIAMI NEIGHBORHOOD PARR, located at N.W. 5 Avenue and 10 Street, Miami, Florida, with funds therefor in the amount of $15,000 hereby allocated from the Parks for People Bond Funds. PASSED AND ADOPTED this 10 day of FEBRUARY 1976. ATTEST: CLERK PREPARED AND APPROVED BY: /eereftLX 04. ROBERT F. CLARK Assistant City Attorney APPAS TO FORM AND CORRF TNESS F' G E F. NOX,, J City Attq ney MAURICE A. FERRE MAYO R "SUPPORTIVE DOCUMENT, FOLLOW" t c E E This Agreseent made this day of 1976, by and between. the CITY OF inIA.11, a municipal corporation of the State of Florida, horcinafter Called "CITY", and TED BAF.ER GROUP, 156 Giralda Avenue, Coral Cables) Florida, herein- after called "CONSULTANT". WITNESSETH THAT, WHEREAS the voters of the City of Miami have approv- ed in an election on March 14, 1972, a Bond Issue in the amount of $39,890,000 for Parks and Recreational Facilities which in- cludes $160,000 for the development of Central Miami Neighborhood Park', located at NW 5th Avenue and NW 10th Street; and WHEREAS, the Miami City Cot by Resolution 75-742, dated July 31, 1975, authorized and directed the City Manager to advertise for and receive proposals from landscape architecture firms in Dade County for professional design services for Central Miami Neighborhood Park; to subsequently appoint a competitive selection committee for the purposes of review, evaluation and ranking of interested firms in terms of their qualifications to perform needed services; and to negotiate a contract with said firms; and WHEREAS, the CONSULTANT was selected in accordance with Florida Statutes, Section 287.055, the Consultant's Competitive Negotiations Act; and WHEREAS, the firm of Ted Baker Group, landscape architects, with its designated sub -consultants Joseph Middlobrooks, Asso- ciates, Architects, and the Miami Black Arts Workshop were judged to he most qualified among all applicants to undertake this PROJECT; and WHEREAS, the Miami City Commission, by Resolution authorized the City Manager and the dated • City Clerk to enter into an agreement with Ti Haker Group, for professional servicee for the desierilt5O 1\1Enent of C,-mtral .;, Mi rti Neighborhood Park' NOW, THEREFORE, the CITY and tha CO`°iSt!LTANT fOr the eOft- sideratjon hereinafter set forth, agree and covenant, one UhLt the other, as follows! SECTIO1 l - GENERAL As The CONSULTANT shell perform the professional services as hereinafter set forth, and 8. The CITY shall pay the CONSULTANT for professional and technical services a FIXED FEE OP $15,000.00. SECTION II DEFINITIONS A. CITY` is hereby defined as the City of Miami, Florida. E. CITY MANAGER is hereby defined as the City Manager Of the City of Miami, Florida. C. CONSULTANT - is herein referred to as Ted Baker Group and is hereby defined as Ted Baker, registered landscape archi- tect, State of Florida, Number_ 322, a/k/a Ted Baker, ASLA, P.A., d/b/a Ted Baker Group, D. COUNTY - is hereby defined as bade County, Florida. E. PROJECT is hereby defined as the development of Central Miami Neighborhood Park, excluding the recreation build- ing and parking area. F. PROJECT COORDINATOR - to be designated by the CITY MANAGER. G. WORK - is hereby defined as the professional and tech- nical services to be rendered or provided by the CONSULTANT. H. FIXED FEE is hereby defined as the amount of money the CITY agrees to pay the CONSULTANT for professional and tech- nical services required to ce rplete the WORK, as further defined in SECTION III - PROFESSIONAL L SERVICES hereof. I. CONTRACT DOCUMENTS - is hereby defined as the City of Miami's General Conditions, Standard Contract forms, and all necessary construction plans and specifications, J, DIRECT PERSONNEL EXPENSE SE .s hereby defined a the houl•1 coat: Of salaries and boss mandi ni- and customary b_n7fits PPORT1VE U M E T d L L 1V " such as stationary, employee benefits, insurance, tiCarc leave, holidays, pensions, Vacation and sirnilat benefits. k, CONTRACTOR - is hereby defined as the incliVidual, partnership, or corporation to which the CITY will at•,ard the contract for furnishing materials, equipment, and labor for construction of the PROJECT. SECTION III PROFESSIONAL SERVICES The CONSULTANT shall perform the following professional and technical se r vicescomprising the WORK and shall be fully responsible for all the professional and technical aspects thereof. The CONSULTANT shall devote his personal time and attention to the CONSULTANT'S services to be furnished under this Agreement and shall supervise and direct the performance of all professional and technical services hereunder. THE CONSULTANT shall make every effort to design the PROJECT within the amount of money budgeted by the CITY for this PROJECT. The total PROJECT development cost including the fee for pro- fessional and technical services and site development is $160,000. The CITY'S review and approval of the WORK will relate only to overall compliance with general requirements of the PROJECT and whenever the terms "?approval by the City" or "Acceptance by the City" or like terms are used in this Ag::eement, the phrase- ology shall in no way relieve the CONSULTANT from any duties or responsibilities under the terns of this Agreement and from using a reasonable standard of professional services and practices. Upon the full execution of this Agreement, the CONSULTANT shall prepare WORK including but not limited to the following: A GENERAL Upon written notice to proceed from the CITY KA-N CSR, and after commencing the WORK and for the duration of the WORK, the CONSULTANT shall cooperate with CITY departments and inter- ested agencies as follows; •�` UPPORTIV • • FOLLOW" • • 1.. The CCU: SC(shalt review all information supplied by the CITY pertaining to existing ooncitions, plans, and proposed projects for the Culrner. area. 2, Tho COUSUL TT..3T shall rrake at least two, but not More than three, preenLattons before joint meetings of the Parts for. People- District V Task Force and the Cu1Mer Co;,;nunity Development Target Area Task Force for the pur- pose of explaining comments, At 1 ast to the development the PROJECT and receiving the community's one presentation shall take place prior' schematic designs. These meetings will be arranged by the CITY and a CITY representative will be in attendance. 5. The CONSULTANT shall coordinate with the consult- ant for Dixie Community Park to assure compatibility of facilities and design, and to explore linkages. 4. The CONSULTANT shall inspect and evaluate the site, analyze requirements, and discuss with the PROJECT COORDINATOR the purpose, scope, prcgram., schedule and cost of the PROJECT. B. SCHEMATIC DESIGN PHASE Upon written notice to proceed from the CITY MANAGER, and after commencing the WORK, the CONSULTANT shall develop two alternative schematic designs for the PROJECT as follows: 1. The WORK prepared for the Schematic Design Phase shall include but is not limited to: a, Preliminary site layout design including general use areas, location of structures, landscaping, materials, pedestrian access and circulation, the surrounding area including linkages to the adjacent public housing and Culmer Village to'1nhoL es, Douglas Elementary School, Athalie Range Park, Cul.mer CAA Center, Dixie Community Parr., and Booker T. Washington Junior High School, and other types of site ar.enitie; , UPP DOCU OTIVEEN FOLPLOW» b Preliminary site utility design. Outline s ecifiG''cetio is including ir;-,_iterial.s and methods of construction. d. Preliminary cost estimate•. e. Project schedule. 2. Schematic designs should include consideration for the following elements and those elements recommended V• by the agencies in Section ilt.A.2 above a, Ch ldren's playground including the consider- ation of such elements as mounds, sand, custom designed or modular play apparatus, spray fountain, amphitheater, adult observation area, roller skating and skate board- ing, and bicycle paths, etc. b. Softball field including backstop, wing fence, moveable bleachers. c. Multipurpose court with lighting suitable for basketball, volleyball, roller- stating, etc. d. Security Lighting. e. General landscaping and furnishing including grading, irrigation, plant materials, fencing, walkways furniture, graphics, signagc, etc. 3. All schematic designs shall conform to any specific design criteria provided in writing by the PROJECT COORDINATOR prior and during the schematic design. Within 30 calendar days from submission of the final Sche- matic Design docur.lents, the CITE shall review all documents and the CITY MANAGER shall notify the CONSULTANT in writing as to his approval or reasons for withholding approval. In the event that the Schematic Design documents trust be revised, the time period for revisions and subsequent review will be designated by the CITY MANAGER ba. ed upon the nature and extent of the necessary revi jC. ns, lifter. 1pprovcal by the C CTI .!1ACIX , the CO 'CAI i T NT 1. e' the S •1 �- ' .a,r;.�t steal pr :�•.::,t �.r.1�_-Rtd.�:l{', Design docu:^ �?ems tJ the City Commitlsi.rn end rei is` the documents as requited •by• the City.Cbmittitsion, The Sehr "?chic hc.sign• phase shall he consid:'red complete upon the CITY f•i:,:;AGrt?'S wr-itten certification that all documents are in accord with City Coi nissi.on•ireft .ves. C. DESIG`� brVEto2 u \'i Upon w ri ttart authorization to proceed•from the: PROJECT • •COORDINATOR a -i i based Upon the approved Schematic be sign j the CONSULTANT shall t 1. Prepare Design Develops nt Documents consisting Of plans, elevations arid•other drawings, and. outline speci- fications, 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, identification and size of plant materials, design of furniture, play apparatus, graphics, and other.special feat.uLes,.utilities locations, and such other -pork as nay be. required. 2. Prepare an estimate of PROJECT construction cost. 3 Submit the Design Dcvelopmant Documents and Estimate of PROJECT construction cost to the CITY, and make revisions as necessary to secure the approval of the CITY MANAGER. 4. If requested by the CITY MANAGER, present such drawings and information as deemed necessary by the PROJECT COOrRDINATOR to the City Commission; and revise the Design Development Documents and other documents as directed by the City Commission. Within 30 calendar days from submission of the com- pleted Design Development documents, the CITY shall review all documents and the CITY Mk'N CER shall notify the: CONSULTANT in writing as to his approval or reasons for withholding approval, In the event thgt the Design Development documents must be rc'.'7scc , the ti.nc period for revisions and subsk cjuent UPPORTIV DOF OCLJMENTS review will be designated by the CITY MA1:AGER based upon' the t ture and e!aent of the necessary revisi{`;n:,, The Design Development phase shall be consic1 Cad co -!Clete upon the CITE .1;\NAGEi't'S written certification that all documents are in accore with City Coml ission directives, b, CO TR-:CT DOCU:`F' T8 PHASE Upon written authorization from the CITYMANAGER' the CON- SULTANT shall: 1. Prepare construction plans and specifications and other contract documents except for the General Con- ditions and Standard Contract forms for the complete PROJECT. These will include but are not limited to such items as the working drawings and specifications adequately setting forth in detail, description of the construction to be done and also materials' workmanship, finishes and equipment required for all specialities such as architectural ,_struc- tural , mechanical, electrical, service -connected equipment, site developr nt, bidding information, and the Special Provision of the Construction Contract, Bid Proposal, and other Contract Docc,^:ents. The Eid Proposal shall include the base 'Aid and add alternates. 2. Furnish the CITY MANAGER with revised estimates of the PROJECT construction cost, based on complete CONTRACT DOCUMENTS, and broken dorm in major categories, and advise the CITY MANAGER of any adjustments to previous estimates of PROJECT construction cost which resulted from changes in scope, design requirements, market conditions or otherwise; 3. See that all construction plans and specifications (working drawings and specifications) bear the seal of a Florida registered professional azchtt.ect, landscape archi- tect, or engineer and that the names of professionals rc ponsible for r?-; jor portions of each separate specialty of t vi WORK ton':ar on the con,structiou plans and si.ccifica- Lions, °SUPPORTIVE. DOCUMENT FLL. ,;/,, It a.;; f,41 s undcarstood, ho„e=ter that the CO SULTT T is in tto way eiicvoci of any t:esponsi.bility under the terms of this Agreement by Virtu o of any other profes5ibrta . who nit associate with him in perfor thing the t•;ORI? 4. Present to the PROJECT COORDINATOR, five (5) Copies Of all CONTRACT DOCUMENTS for approval, and revise the CONTRACT DOCUMENTS, JTS, as rec;uire: , to secure the written approval of the C ETY MANAGER; 5. Followino approval of the contract documents by the CITY t:ANAGER, conduct all necessary "dry -run" checks of the contract documents in connection .ath securing the approval of necessary permits from all local governmental authorities having jurisdiction over the PROJECT; and :submit any required changes in the CONTRACT DOCUMENTS to the PROJECT COORDINATOR for approval; 6. After successful completion of the dry run check transmit to the PROJECT COORDINATOR the completed master set of CONTRACT DOCUMENTS its reproducible form, including the Bid Proposal; 7. Prepare any addenda, with accompanying drawing or other material as required, and submit original of each to the PROJECT CO0 DI'•:ATO:? for approval and signature after which the PROJECT COORDINATOR will furnish a cc_Jy for each set of CONTRACT DOCUMENTS prepared; 8. Assist the CITY in the bid evaluation process by reviewing the bids, preparing an analytical report of the bids received, making recommendations to the CITY MANAGER regarding the award of the Construction Contract; and being available, if necessary, to make these recommendations to the City Commission in person, 9. Assemble and furnish to the CITY MANAGER data for publicity releases. Within fi.fteet (15) calendar days from submission of the CO h :_a_CT DOCUMENTS (.item 4 ab07,v) the CITY shalt review a11. docu..:nt_ =:; an,1 tf;:_. CITY ', ." .ACE ? notify the CONSULTANT in i '" U�T"� 1- OR 1 I YE D Li E i �i„ • , aj 1i riting as to his approval or reasons for Withholding apprnv:l► Ih the eventthat the contract documents must be 1 e vi sild i the CITY MANAGER shall designate the time period for revisions atd subsequent revie,•ri ba. o-i upon the nature and extent oL the necessary revisions. The Contract Oocumnts Phase shall be con sidered compl to on the dily the CITY executes a contract for the construction of the PROJECT, but in no case later than sixty (60) calendar days from the completion of items 1 through 6 above. E. CONST2UCTION PHASE Commencing with the award of the Construction Contract and upon written authorization from the CITY MANAGER, and throughout construction the CONSULTANT shall oversee the construction work on behalf of the City of Miami with the following responsibili- ties: 1. Make periodic visits to the site to familiarize r himself 'v:ith the progress and quality of the work and to determine that the work is proceeding in accordance with the Contract Documents. On the basis of his on -site obser- vations he shall endeavor to guard the CITY against de- fects and deficiencies in the work of the contractor. The CONSULTANT shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work. The CONSULTANT shall not be respons- ible for construction means, methods techniques, sequences, or proced-.ires, or for safety precautions and programs in connection with the work, and he shall not be responsible for the contractor's failure to carry out the work in accordance with the contract documents. 2. The CONSULTANT, as representative of the CITY during the Construction Phase, shalladvise and consult with the CITY and all of the CIT`t''S instructions to the CO'.3T L CTOR Shall be issued th.rou:3h the CO<3SUTLTAr• T. The CO: SULTA*;T sha13serveas e �4 � � liaison between the CONTACTOR "SUPPORTIVE DOCU VIENTS FOLLOW" and the CITY and nlinta.i_ti relationship with the CONTRACTOR and subdontractor5 on the job only through the CONTRACTOR'S job superintendent; and 3. Submit weekly cti'rittr•n progress reports to the PROjECT COORDXiv FOP. 4. '1a1e written recommendations for the CITY'S re4`ie'. and concurrence on all matters involving a deviation frot► the CONTRACT DO=5`;T7, irr'1uding Y such th_ng., as changes in material, equipia.ent, or methods of construction, changes in plans, extra G;or-k orders, supplemental agreements, or any suggestions and modifications which may be submitted by the CONTRACTOR. The CONSULTANT shall not authorize any such deviation from the CONTRACT DOCUMENTS without prior :written approval from the PROJECT COORDINATOR; but the CITY'S review and concurrence shall not relieve the CONSULTANT of any responsibilities under the terms of this Agreement; and 5. Assist the CONTRACTOR to understand the intent of the CONTRACT DOCUMENTS and make all decisions in matters relating to the interpretation or the CONTRACT DOCUMENTS, including approval of shop drawings, samples, and other c submissions or the CONTRACTOR w'- n the' do not involve a r change in the CONTRACT DOCU •iG ,TS; and LeTh 6. Furnish any additional details or information when recruited at the job site for proper execution of the 'Q work; and Q V— Cn 7. Prepare requests for all testing necessary for the PROJECT including core borings, test pits, soils, mill and laboratory tests, inspections and reports required by .he law or the CONTRACT DOCliit NTS and retain a copy of a1.l test results for: per ranent CITY records. Endeavor to ascertain that tt all te:sts required by the CO*1T* :,C`.L' I)O U? EN rS a3"F"-'• a twiny c t d1.i:.:Led i G'_p7Y'C1`i'i al] testing sl'tb ject tO .14 � G�=�v .L o_. r.: !'_ k�t�.�..l i�i.-r' C''.Cij.i1',..70:2; t1')d '. Cit'x'r; 07.;ir.•nv.- COTaA TOR'5 'con suet ton schedule; be alert to the com to H i.on date and to cone. i t ions • which tay cause .delay in co iple t.i.On, anr1 advise the Cl l When the. PROJ C has been Completed in accorcla ace with the ,�++�, T8 2 that the PR ;- � CT is ready tO final CONTACT DV:�..U:�u.+.l.: any i cit. the L•_�u insp,iction and acceptance; and g. Af cr sJnstant1.;:l co iletlon, r' 4e'• a list of.. lteT:S fOi. Correction before final inspection, and check; ea ch •itch as it is corrected; and 10. •In the case o`'•additions to, or renovations of an existing facility, which rr.ust be maintained as an operational unit, notify the City Project Coordinator in writing of conditions on the job site which may have an effect on the CITY existing operation; and 11. The CONSULTANT and the CONTRACTOR are expected to turn over to the CITY a completed facility, however, the CITY shall have the right, subject to the CONSULTANT'S approval, to take possession of and use any completed or partially completed portion of the PROJECT, notwithstanding the fact that the time for completing the entire PROJECT or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completer and it shall in no way relieve the CO\Su'LT- T of any of his responsibilities under the terms of this Agreement. 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 subsequentu to the award of the Contract, 13, Upon request by the CITY PROJECT COORDINATOR, attend and report to the CITY 03 all required conferences hold at the job site; and 14, During the course of the WORK, collect Guarantees, Cert .f cC1tes and..T ainten:4nce Operation ManL:;a1s an:1 " U ORT!\' i ''IE1 a.. LOVV" SChedui , an:) at the i c}_pAra r_c p}:OJECT, assemble this material and de).iver it to the CtT Pt O,7ECT. COO :bINA7'(UR and; i5 Review the coonstruction COZ TP.Ac2 TOR'S requisition for payments, determine the amounts owing tinder the Con- struction Contract, and issue the Cti'Y cer'tifiCation of payments under such amounts. The issuance if a Certificate for: Payment shall constitute a representation by the CONSULT- ANT to the CI Y, based on the COS SULTANTS observations at the site as provided in SECTION III paragraph 1 and on the data comprising the application for payment, that the WORR has progressed to the point indicated; that to the best of the CONSULTANT'S knowledge, information and belief, the CONTRACT quality of the t:ORX is in accordance with the DOCUMENTS (subject to an evaluation of the WORK for conformance with the CONTRACT DOCUMENTS upon substantial comp l Ft' on, to the '"•` sO ts: of an ' subsequent tests required. by the CONTRACT Doct2:E.:,is, to minor deviations from the CONTRACT CT DOCU: E.NTS, to minor deviations from the CONTACT DOCU.?. TS correctablo prior to cor~.ialetion, and to any specific qualifications ate; in the Certificate for Payment) ; and that the COT'.^TOR is entitled to payment in the amount certified. B1 issuing a certificate for payment the CONSULTANT shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the CONTRACTOR TOR has used the money paid on account of the Contract sum; and 16Fur.ni Fh the. CITY within thirty (30) days after cot e] otion of the Construction Phase of tha PPOJECT the grid=-i.t]repro ueiblc dr ;-. in-s of the Construction Contract plans, revised to include all changes cr modifications to c' r l .Tt4 til%?' Con- ruc�ti on 'Phase; copies of all shot/ working d' a`a:l!t'ji, dul.:, c:IproV,I., by th.-, CON,- S r: [ T' # q .+ Q F a l i t. ,7- s 4 o r 1...7 ul L s "SUPPORTIVE DOCUI`IENTS FOLL�W" 1 At the cor„pletion of construction of the PROJECT, the CONSULTANT shall deliver to the CITY written certification that the CONSULTANT'S beat kno;rledle , information, and belief, the PROJECT has been constructed in accordance frith CITY approved construction plans and spec i. fica ti.ons and CI'i'Y 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 Considered comp lete when the CONSULTANT has delivered aforesaid certificates, including "as -built plans" to the PROJECT COORDINATOR and he has accepted such certificates and the City Commission has accepted said PROJECT. During all phases, the CONSULTANT shall act as his own representative to the CITY in all matters pertaining to the PROJECT but the CONSULTANT shall have the right to designate one additional person to act as the CONSULTAiT' S representative in his absence. SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES The CITY shall furnish the CONSUL.'y .T services and informa- tion as follows: A. The CITY shall make available to the CONSULTANT for his review, existing CITY records, reports, ordinances, statistics, architectural and engineering records and plans and related data applicable to the PROJECT, B. The CITY agrees to supply a current survey of the site and will, if requested by the CONSULTANT and approved by the Director of Public Works, supply core boring, test pits, mill and laboratory tests, and any other testing required,' C. Thu CITY MANAGER will designate a PROJECT COORDINATOR to act as liaison between the CITY and the CONSULTANT, and so advise the CONSULTANT In writing prior to Co:rm2nC r?r: nt of the WORK, A. z' ,e CITY shall supply all reproduction and binding of "SUPPORTIVE DOCUMENTS the bidding and construction sets of tale CONTRACT bOCU.MEN 8 and loan all existing and applicable City aerial photoltaphs► E. So that Work rt y proceed in at orderly and expeditious way, the CITY shall within 0 days of submission give written approval of this. WORK or vt"ittcu reasons for withholding approval. re The CONSULTANT shall be entitled to rely upon the accuracy of services, information, survey and technical reports supplied by the CITY. G. The CITY shall receive and open bids within 60 calendar days from the time of completion of items 1 thru 6 of Section III--D CONTRACT DOCUMENTS PHASE. ' H. The CITY shall arrange all necessary meetings of the Parks for People and Community Development Task Forces, includ- ing the proper notification of area residents. I. In cases of disagreement between the community and the CITY, the CITY shall make a final determination and so notify the CONSULTANT in writing. SECTION V CO:.PEtiS \TIO\ FOR SERVICES For professional and technical services as outlined in SECTION III - PROFESSIONAL SERVICES, the CITY agrees to pay the CONSULTANT a FIXED FEE OF $15,000. Partial payments for the WORK shall be made as follows: 1. Fifteen percent (15%) of the FIXED FEE when the WORK under SECTION III B-SCHEMATIC DESIGN PHASE and appro- priate items under SECTION III A -GE ERAL are completed and accepted by the CITY. 2. Fifteen percent (15%) of the 'FI1,ED FEE when the WORD: under SECTION III C-Dr:SIGN DEVELOPMENT PHASE is com- pleted and accepted by th�� CITY. 3. Forty-five percent (45%) of the FIXED FEE when the WORK under SECTION I [I D-CONTRACT POCU eNaS PHASE (item(item2 1 through 6) is completed and accepted by the CITY, , Five p?ccon ( 5 7.) the: FIXED.FEE ',F l' ' t114 yiofR . *1.•4SUPPGRTIVE • • Under SECTION. III 0-CONTRACT roCU. ::is. Pi.A5 E(ito :ri through q) is carpi eted and accepted by the CITY S. TYehty percent (20:.) of the PIED FED ;:ti h the• WORR unriet SE C..' Io'a III t',CONSTRUTION PHASE and. SECTION.. •II1 A -GENERAL i s Completed and accepted b .the buring eachn •Pha , monthly partial pay,payments'payments'shall. be•► ade by the CITY in proportion with •th,, WnRK dome, These partial •payr"E nts shed• tot exceed the amount• owed the CONSULTANT oft account of his. fee for that phase. If the CITY. increases. the total PROJECT de'elopment•budget of $160,000 at any time up to the approval. of the final CONTRACT DOCUMENTS. the CITY .shall compensate the CONSULTANT for the additional pork required, by negotiation of a reasonable fee in addition. to the -FIXED FEE..of $15,000. The. total fee• (ex-• eluding payonts for EXTRA SERVICES• as set •forth in SECTION IX) shall not exceed the percentage of the totalconstructioncost specified in •the 1972-74 Fee Schedule of the American SOclety of Lan:iscape Architects. • cf)SECTION VI - SCHEDULE OF WORK rr� � The =surf fl l agrees tc execute the professional and W Otechnical services promptly and diligently and in strict con- _ [ for ta:ice with this Agre ,e.:t. It is understood and ?gree'l CL 0by both parties' that the following schedule for. the WORK will 0 be strictly followed by the CONSULTANT, except in cases of fire hurricane, strike, war, flood or other such natural and man-made forces beyond the control of the CONSULTANT. A. The: CO'ySULTAN1' 2c;rees to commence WORK within ten (10) days of noti::c.' to proceed from the CITY MANAGER. The.. CONSULTANT will inform the CI;'' .•:A ?>CE.P in writing of the exact date that: the CoNsr.JF.T .:;T co .,P.'. need WORK. B. The WORK under the appropriate taP1 s in SECTION III A-- G=':;:EI:AL and S ;i 10:; .1 t I 1:-,SCr'1 ':ATIC DESIGN PHASE '1' 11. be de- 1.1,=:'or1'u to tn.' cI T:' ,N.7,rEr' within 45 calendar dar days ';f'ter the Crj: ^uL^.'.i.;'P cc, .7,--2 .c. ' ;x)i':., .,• , 'Ihe �'o:;r on $E TtO; Tji C-1?,<��'•(.LOP r:4T P SIC]:li rl•a 'fir - } ra shall i3e•"clel i ere to the CITY �•,G E' within 45 Calendar days after the CO Si,iLrlANT has been. given notice to begin SECTION Ili Cu• DEVELOPMENT DESIGN PRASE. b. 'rnr WO?t, under SECTION III D-C("MR\C T DOCU TENTS PHASE : shall b� delivered ,� �l:�v�!:�-ec to the CITY MtNZGC;: within 45 days after the CITY MANACER has given written authorization to begin SECTION III C--CiONT? ACT DOCUMENTS , .,:-,,,iFhAS... E. The CONSULTANT has considered in his F'IrXEtD FEE con- struction inspection for a 6 monthperiod of construction. The CITY agrees that rejections or approvals for the CON- SULTANT to proceed will not be unreasonably withheld, SECTION VI I TERMINATION OF AGREEMENT The CITY retains the right to terminate this agreement at any time prior to completion of the ►•IORR without penalty to the CITY. In that event, termination of this Agreement shall �• • ♦S 1.. NT CONSULTANT NT be in writing to the CC.�,auL,��,: 1 anci the '��t..i,lEs:v� shall be paid for ser-iices rendered for each Co, pletcd Phase of the WORK priopriorr. to termination in acco:-'c ance with SECTION V-00 Pi',? SAT IIOi FOR SERVICES. If, however, tt rr''- t'on of this Agreement occurs r.r. }'�- tr P se t?cr- then y �. N U T.,• during 8.1 .l;i..v:. �. has CI tit:. �vJc;, trim the CONSULTANT shall h. paid a rate of 2 75 x DIRECT PERSONNEL EXPENSE for those servics for inco7.olete portions of the WORK. In no case, however, will the CITY pay the CONSULTANT a greater amount for an incomplete Phase of the WORK than would have been paid had the termination beer, -7;a1E upon completion of this Phase of the WORK, nor shall any partial payment exceed the total fee established in this Agreemat. It is Ylerob 7 urtdorstoUJ bl and between the CITY and CON- SULTANT that any pctl t -•r! L made in accordance with this, section to thr:' CON C P.-. .rl` shall made oriiy i. f slid CONSULTANT is not in default unL1':!r the t,!:'l"::ry of this A',Ir''!C.Ii' rtt, if l_ht_• CMSULT,7.NT • i s in deltt. 7 ? _ r L tl _` ti o I'.. s Qi this Ag r c '^ .' • . t « I T- i_r, no _ c l i•s)4 ctr.:1 shall ;lot poy to th•.. CO.;S I:L.r :,I. "SUPPORTIVE DOCUMENTS FcL:OW„ .any. Suitt Whatsoever, In the event of tcrrin::tion, all documents, plans, tnodols etc., as sots forth in S C^1I0` • \ Wit,18Y. aft 0i' DOCUMENTS shall become the prop3rty the CITY utC'I IO VII I - CONSULTANT'S SPEC> ALT.ST5 PROJECT, CONSULTANT For the purpose o:. this the C0:�.5C+L:ir����_ w11.l enter into an agreement with Joseph Middlebrooks Associates, Architects, and the Miami Black Art Workshop for specialized professional services. The COiiSUL ::\T will be responsible for all the WORK of his own organization and of the consultants or associates. Nothing contained in this Agreement shall create any contractual relation between any of the specialists working for the CONSULT- ANT and the CITY. It shall be understood that the CONSULTANT in no .ay is relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate himself in performing the WORD:. SECTION: IX -EXTRA SERVICES The following profe ss.lal services and i'iO'.i: by the CON- SULTANT shF. 1' not be consiier-ad extra services but on the con- trary shall be considered pa Revising the. CONTACT D construction of the PROJECT rt of the WORK of the CONSULTANT. OCU•E_vTS, to reduce the cost of to an amount not in excess of 10% of the latest CITY approved cost estimate. The following professional services and WORK by the CON- SULTANT shall be considered extra services: 1. •.a?•:ing changes and/or additions to the CO\TR.=:CT DOCU- MENTS when such changes and/or additions are inconsistent with approvals or instructions previously given or are not due to the COI;SU1.+T A`;'s' S ct'rJr, or when they are due to causes b?yo xd the reasonable control of the CONSULTANT, provided the CONSULTANT Submriits in writing to the PROJECT COORDINATOR his interpreta- tion of such ohartge3 or acicli.tions, their estimrtt.erl cost, and other pc!,l f ohm; t' lon, and ha:. in rc L t n liocL l i,,:o ?et CT ��`._�i;);� . tom', T . h ,. ;.17• ,,,, L � : 1 �.}' . �i �;:)41?~�.3 r' , 1. in writing f such e + s or e;tit, Ci'_ « UPPORTIV �' 2. Providing professional services in connection With cotlstruction that goes snore than 20 days beyond the aftticipatea Construction period of 6 Months, unless the delay is due to Causes within the reasonable Control o` the CONSULTANT. 3. Providing professional services made necessary by the default of the CONTRACTOR(S) beyond the control of the CONSULTANT, 4. Por redesigning the PROJECT by reason of costs exceed- ing the latest approved estimate by ten (10) percent when the CITY has not received and opened bids within sixty (60) days as set forth in Paragraph IV (g), above. 5. For attending public meetings other than those speci- fied in this contract. The CONSULTANT shall be compensated for Extra Services which are approved in advance by the CITY MANAGER as follows: 1. For Extra Services performed by the CONSULTANT, 2.75 times DIRECT PERSONNEL EXPENSE of all technical and professional personnel performing such Extra Services. SECTION X 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 restrtcticn or limitation on their use, except that the CITY shall not reuse any part of this information or drawings for any other project at a future date without the written consent and fair compensation of the CONSULTANT. It is further stipulated that all information developed as a part of this PROJECT shall not be used by the CONSULTANT without written consent of the CITY, except and in connection with services under this Agreement. It is further understood by and between the parties that any information, maps, contract documents, reports, tracings, plans, drawings, ppecificat,ions, boots or any other matter whatsoever S•:hich is given by the CITY to the CONSULTANT pursuant to this Agreement Shall at all tim;is re4Tlain the: property of the CITY _an.i. t,hal.i. nut pPORT\1 be used by the CONSULTANT for any other purposo whatsoever Without the written consent of the CITY. SECT tO1 Mt - MIAMtb OF ACRE'EMENT The CONSULTANT warrants that he has hot empleyed Or re twined any company or persons other than a bona fide employee Working solely for the CONSULTANT or his sub -consultants to solicit or secure this Agreement and that he has hot paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working for the CONSULTANT Or his sub --consultants, any fee, Commission, percentage, broker- age fee, gifts or any other consideration, contingent upon or resulting from the award or making of this .Agreement. The CONSULTANT also warrants that to the best of his 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 CONSULTANT shall not engage during the period of this Agreement the services of any professional or technical personnel 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 CONSULTANT is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter Article V) and Dade County, Florida (Dade County Code, Sec- ' tion 2--11.1) and agrees that he shall fully comply in all respects with the terms of said laws. SECTION XII EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agr.ecmu;!nt r+,iy be arened only by written r strums nt signed by both the C rTY and the CONSULTANT. S CTIO:J • SUCCES50 5 AND 2,SSiC1 S• • The Cr.: 5 ULTA' P shall 1 make no at;s 1 g '.l 1,0FtilViE9f DC9UMEN FCL:W • thifi acgr•ccrm nt, or sublet, a: s .ar. Or transfer any part of •the W ORK under this lgree:r::erit, •tiiitheut the written Consent t5f. the ▪ 1T�cSY This Agreement shalt be.binding upon the parties het'eto» their heirs, c .ecutor , legal re .resentat ves.. • si cce sons an assigns 7 lECTIO.v hl�' �L�lr1. PICiiWJ The CITY res etVes the right. to audit the• records of the • CONSULTANT any time during the term o: this •Agreement and for a period of one .year lifter final payment is made 'u.nder this Agreement. • •SFC IO ? Ml I`3DEtNIi:'IC.ATION The CONSULTANT shall_ not commence:work on this Agree ►ent. • • until he has obtained all insurance -required under this •Section and such insurance has been approved. by the CITY. The CONSULTANT shall indemnify aril save the CITY harmless from any ar.d• allclaims, liability, losses and causes ofactions• •Which may arise v..:t of tti'e Cr): ; �.'r[ ZT' S• performance of duties as set forth in this agreement and shall pay all claims and losses•of any• nature whatsoe, cr in connection therewith and•• shall••defena all suits, in the name of the.CITY`when applicable, and shall pay all costs •a-c• judcments which may issue thereon. The CONSuLTANT -hall Traintain during the term •of this Agreement the following insurance: A, •Professional Liability. Insurance •in amounts not less than $100,000 coveringal licbipity arising out of. the •terms of•this Agreement••• Suchpolicies are idcnt1fLed and attached • hereto as F>;hibit• F; to this Agreement, and are accepted as •com- plying. with this paragraph. • The insurance co': 1a j, •. required shall include those classi— • ficu.tio' s, as -listed in stand•'rc', liability insurance rrunual.s which mott nearly rcflcct thy- oT,erations of the CONSULT NT, J111insurance policies• shall.• be issued by companies. author= ized• to c00 bu:.; .nee under the lawf•of the State of Florida, :The "f 'f1,i'' T gall furr,i;lh certificates. of incur rice to • taaC ` T •l •*Jr irdr� to ht. 1 �i1" rt of o erations, which cer. : -ifi tes " U PPO TIV DOCUliflENTS L L 1".. shalt cica ty indicate that the CONSULTANT has obtainetd itsur mice in the type, amount and classifications as required for Sttict compliance with this Section and that ho material change or cancellation of the insurance shall bc effective Without thirty (30) days prior written notice to the CITY. Comp l iance with foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. Notwith- standing the provision of Section XV of this Agreement, the CONSULTANT shall not be liable for any damages arising out of any third party not employed by the CONSULTANT but only for damages arising out of any act or omission by CONSULTANT in the performance of his duties, as set forth in this Agreement. SECTION XVI - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY MANAGER, who shall decide all questions, difficulties and disputes of whataver nature which may arise under or by reason of this Agreement, the prosecution and ful- fillment of the services hereunder, and the character, quality, amount, and value thereof, and the decision of the CITY MANAGER upon all claims, questions of fact, and disputes shall be con- clusive and binding upon the parties thereto, unless such deter- mination is clearly arbitrary or unreasonable. In the event that the CONSULTANT wishes to contest the judgment of the CITY, MANAGER, the following procedure for arbitration shall apply: A. All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relat- ing to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of. the American Arbitration Association then obtaining unless the parties mutually agree Otherwise. No arbi- tration, arising out of, or relating to this Agreement, shall include, bar consolidation, joinder or in any other manner, any klitiony.i party not a party to this Agreement "SUPPCR DCC%)ENTS I S by written Consent Containing a specific reference to this Agreement and signed by all the parties hereto, Any consent to arbitraLiein inVolving an additional party or parties shall hot constitute ConSent to arbitration of any dispute not desCtibed therein ot with any p:Irty not namei or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional party or patties duly consented to by the pat tieS hereto shall be specifically enforceable under the prevailing arbitration law, t. NOtice of the demand for arbitration shall be filed ih writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. C. The award rendered by the arbitrators shall be final, and judgrent may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. SECTION XVII - NON-DISCRIINATION: The CONSULTANT agrees that there shall be no discrimina- tion as to race, color, creed or national origin, in regard to the CONSULTANT'S obligations, work and services performed under the terms of this Agreement. SECTION XVIII - CONSTRUCTION OF AGREE ENT All parties hereto agree that this Agreement shall be con- strued and enforced according to the laws, statutes and case law of the State of Florida. IN WITNESS WHEREOF, the parties hereto have, through their proper corporate officials, executed this Agreement, the day "SUPPORTIVE DOCUMENTS FOLLOW" and year first above seL forth 1 / TED BAKER, Registered 7atels4t.ape Architect, State of Florida, Nos 322, a/k/ a TED BAKER, ASLA, d/b/a TED BAKtR GROUP Attest � `,,6- _'� ��t By, .�1�st *Is 'peal) eere vary P s ' ,per Attest City Clerk THE CITY OF MIAMI (a municipal corporation oL the State of Florida) By City Manager (Seal) APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORPECTNESSe ,1/4„ Director, Dept. of Parks and Recreation Director, Planning De art:-:e n-t STATE OF FLORIDA) COUNTY OF DADE ) SS. City Attorney !1 /� I HEREBY CERTIFY that on this/! day off ��- / f_ > 4 t� • 197,', before me personally appeared TED BARER and GEORGE BOTNER, President and Secretary, respectively, of TED BAKER, Registered Landscape Architect, State of Florida, No. 322, a/k/a TED BAKER, ASLA, P.A., d/b/a TED BAKER GROUP, an association under the laws of the State of Florida to me known to be the persons who signed the foregoing instruments as such officers and severally acknow- ledged the execution thereof to be their free act and deed as such off:..er.s for the uses and purposes therein mentioned and that they affixed thereto the official seal of said association, and that the said instrument is the act and deed of said association, WITNESS my hand and official seal at Coral Cables, in the County of. Dade and State of Florida the day and year last aforesaid, My commission eKp res; f r t • Notary Public,- State 2 771V DOCU M ENTS • FOLLOW" 1 • `I'EIE CITY OP MtAMI FLORib A I'L'IBAVIT (Certifyi.ng cer iance with Section 4 (c) Of the.Charter• • of the City. of Miami)• STATE OF FLORIDA) COUNTY OF U:ODE ) SS. Before tt;e, the undersigned authori Yr authorized to admin ister oaths and take acknowledgments, personally appeared TED BAKER, President of TED BARER, Registered Landscape Architect, State of Florida, No. 322, a/k/a TED BAKER, ASLA, P.A., d/b/a TED BAKER GROUP, who after being first duly sworn upon oath, deposes and says that to the best of his knowledge and belief no Commissioner, Mayor or other Officer or employee of THE CITY' OF MI \i'iI, FLORIDA, is interested, directly or indirectly, in. the profits or emoluments of the contract, job, tor: or ser\,1ci for THE CITY Or MIA`•II in connection With this agreement. SWORN TO AND SUBSCRIBED before re this /r-- day of :/: 1976. Notary Public, State of/Florida at Large. STATE OF FLORIDA) COUNTY OF DAD= ) Si. Mv, corrnissian . exp-ire : I, an officer authorized to take acknowledg:ants, HEREBY CERTIFY that on this day of , personally appeared before me JOSEPH R. GR=:SSIE and RALPH G. ONGIE,- known to me to be the City tanager and the City Clerk, respectively, of THE CITY OF MIA•II, a municipal corporation in and under the laws of the State of Florida, and known to me to be the persons who executed the foregoing instrument, and they severally acknowledged the e> ecu „:t ti thereof to be their free and voluntary act and deed as such officers, for the uses aticl purposes therein expressed, and that they affixed thereto the official e.al of the said municipal corporation, all by and with the authority of law and of the City Commission, zrrci 'SUPPORTIVE D .} UrS ENT . that the said instrument is the frac and formal act of -said mur idipal Corporation WtTN8SS my hard and official seal ih said county and state the day and year last aforesaid. Notary Public r at Large, My commission expirest tato of 'Florida 11 ...tit? br NtiAM1. FLLt4tbA INtEr .8� dt MtMO. ANbLM 17 ?Yt to: FiZOl.i: bseph 12. Grassie City Manager Richard L. Post-noen Director, Planning Department DAta RFK RE:.'ate3 E`4CLOSW/t5: Inn Agenda Item # re . 10, 1977 Consultant Services i otitract Central Miatni Park The Departments of Planning, Parks and Recreation, and Public Properties, recommend adoption of the attached resolution, authorizing the City Manager to execute an agreement with Ted Baker Group to provide professional Cent, sultant services for Central Miami Park and authorizing payment of a fixed fee of $15, 000 for these services. Please have this item placed on the City Commission agenda for February 10, 1977. Consultant Selection Process As directed by City Commission Resolution .;475-742, local landscape architectural firths were invited to submit letters of interest for providing professional design services for the design and development of Central Miami Park. The seven qualified firms which submitted letters of interest were evaluated by a Competitive Selection Committee composed of Mr. George J. Acton, Jr., Mr. Al Howard, and Mr. Ed Cox, in accordance with procedures and criteria set forth by the Florida Consultant's Competitive Negotiation Act of 1973. The firth judged to be most qualified to perform the services required by this project was Ted Baker Group with its designated sub -consultants, Joseph Middlebrooks, ALA (community liaison) and Miami Black .Arts Workshop (sculpture and graphics). Consultant Services and Fee City Commission Resolution #75-742 authorized the -administration to negotiate a contract with the top ranked firm. Mr. Acton, Mr. Howard and Mr. Cox formed the 'negotiating committee. The proposed fee of $15, 000 includes a citizens participation element, schematic designs, design development drawings, contract documents, and construction inspection. Budget (Parks for People Bonds) Professional design fee Construction and miscellaneous expenses BLF:JAM:vb $15, 000 145,000 $160, 000