HomeMy WebLinkAboutR-77-0161RESD UTION 140. 7 t10
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH , ONATHAN SEYMOUR
AND DAVID SCULLY, LANDSCAPE ARCHITECTS, TO
PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN
AND DEVELOPMENT OF FORT DALLAS PARR, LOCATED
AT 60 SE 4TH STREET, MIAMI, FLORIDA, WITH FUNDS
THEREFOR IN THE AMOUNT OF $11,000 ALLOCATED
FROM THE PARRS FOR PEOPLE 80ND
WHEREAS, the voters of the City of Miami have approved in an
election oft March 14, 1972, a Bond Issue in the amount of $39,890,000
for Parks and Recreational Facilities 'which includes $1,800,000 to
develop the Miami River Walkway and Parks; and
WHEREAS, the Miami City Commission by Resolution 75-401, dated
April 22, 1975, authorized the administration to advertise publicly
for a professional consultant firm to design a park for property
at approximately 60 NE 4th Street, to be known as Ft. Dallas Park,
and to subsequently review and qualify Landscape Architectural firths
and to make recommendations based on submitted qualifications; and
WHEREAS, the CONSULTANT was selected in accordance with Florida
Statutes, Section 287.055, the Consultant's Competitive Negotiations
Act; and
WHEREAS, the Miami City Commission by Resolution 75-664, dated
July 17, 1975, authorized and directed the City Manager to proceed
with negotiations with three (3) firms, judged most qualified to
perform professional landscape and design services for Ft. Dallas
Park, in the following order of priority: (1) Jonathan Seymour and
David Scully; (2) Henderson -Rosenberg and Associates; (3) Ray
Collins Associates and /
ITEM NO.
WHEREAS,the firms of Jonathan Seymour and David Scul y are
qualified to undertake this project and desires to perform these pro-
fessional services under the direction of and for the account of the
City;
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c1T'Y COMMISSION
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NOW, THEREFORE, tE IT RESOLVED EY THE COMMISSION OP THE
CITY OF MtAMI , FLORIDA
Section 1. The City Manager is hereby authorized to etecute
an agreement with Jonathan Seymour and David Scully to provide land-
scape architectural services for the design and development of
Fort Dallas Park, located at 60 SE 4th Street, Miatni, Florida, with
funds therefor in the amount of $11,000 hereby allocated from the
Parks for People Bond Finds,
PASSED AND ADOPTED this _ 24th day of FebruarY ,___ 1976.
+riAURICE A, FERRE
MAYOR
<
RALPH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
MargaretjA. Benton
Assists City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
7 r,... /
Ge6rge F. K x, Jr., City (ttorney
'FI I r) in .77 v
D o CL,11% E. N IS
Vie:
esrr t-Lcart A
IN Eti•OEFtCE MEMGFANbUPi
30sej h 1 Orassie
City IVIana.ger
Rc'4: Charles 1J. Crompton
Assistant City Manager
SUE.IECT
FEB 14''7i
Authorization to execute Professional
Services Contract for Fort Dallas Park
REFLREKCE9:
EuCLC•ELF?ES:
The Departments of Planning and Parks and
Recreation and the Downtown Development
Authority recommend adoption of the attached
resolution, authorizing the City Manager to
execute an agreement with Jonathan G. Seymour
and David M. Scully, to provide professional
consultant services for Fort Dallas Park, and
authorizing payment of a fixed fee of $11, 000.
Consultant Selection Process
As directed by City Commission Resolution l;75-401, local landscape architectural
firms were invited to submit letters of interest for providing professional design
services for the development of Fort Dallas Park. The six firms which submitted
letters of interest were evaluated by a Competitive Selection Committee composed
of Mr. George J. Acton, Jr., Mr. Albert H. Howard, and Mr. Lucius Williams.
On the basis of multi -disciplinary staff capabilities, a wide range of professional
experience and a demonstrated excellence of design capability, three firms were
judged most qualified to perform the needed services and were ranked in order of
priority as follows:
1.
2. Henderson -Rosenberg and Associates DOCUMENTS
3. RayCollins Associates
FOLLOW"
"
Jonathan Seymour and David Scully 'S`-'P�O' `T�VE
Contract Negotiation Process
City Commission Resolution F75-664 authorized the administration to negotiate
a contract with firms in the above listed order of priority. Mr. Acton, Mr.
Howard and Mr. Williams formed the contract negotiation committee. The pro-
posed fee of $11,000 is based upon a total construction budget of $100,000.
Consultant services will include preparation of alternative schematic designs
(one of which will include relocation of the Fort Dallas barracks building in the
new park), design development drawings, contract documents, and construction
inspection.
7 - ./(,/
AGREEMtNT
This Agreement made this clay of
between the City of Miami, a municipal corporation of the State of
Florida hereinafter called "CITY" and Jonathan G, Seymour, 5942 SW 73rd
Street, South Miatni, Florida, 33143, and David M, Scully, 5900 SW 73rd
Street, South Miami, Florida, 33143, Landscape Architects, hereinafter
called "CONSULTANT,"
1976, bzv and
WITNESSETH
i:AT, WHEREAS, the voters of the City of Miami have approved
in an election on March 14, 1972, a Boncl Issue in the amount of
$39,890,000 for Parks and Recreational Facilities which includes
$1, 800, 000 to develop the Miami River Walkway and Parks; and
WHEREAS, the Miami City Commission by Resolution 75-401, dated
April 22, 1975, authorized the administration to advertise publicly for
a professional consultant firm to design a park for property at
approximately 60 SE 4th Street, to be known as Ft. Dallas Park, and
to subsequently review and qualify Landscape Architectural firms and
to make recommendations based on submitted qualifications; and
WHEREAS, the CONSULTANT was selected in accordance with
Florida Statutes, Section 287.055, the Consultant's Competitive
Negotiations Act; and
WHEREAS, the Miami City Commission by Resolution 75-664 dated
July 17, 1975, authorized and directed the City Manager to proceed with
negotiations with three (3) firms, judged most qualified to perform
professional landscape and design services for Ft. Dallas Park, in the
following order of priority: (1) Jonathan Seymour and David Scully;
(2) Henderson -Rosenberg and Associates;
and
(3) Ray Collins Associates;
WHEREAS, the firms of Jonathan Seymour and David Scully are
qualified to undertake this project and desire to perform these pro-
fessional services under the direction of and for the account of the
City; and
"SUPPORTIVE
DOCUMENTS
FOLLOW"
Wl1EtlEAS, the Miami City Cornvnission by Resolution `7 dated
authorized the City Manager and the City Clerk to enter into
an agreement with Jonathan Seymour and David Scully, Landscape Architects)
for professional sertices for the design and 'development of Ft. Dallas Part-;
NOW TrtEl2 FOi21., the CITY and the CONSCiL'TANT for the considerations
hereinafter set forth and covenant, one unto the other, as follows:
SEC I'IONt= GENERAL
A. the CONSULTANT shall perform the professional services as hereinafter
set forth and
13. The CITY shall pay the CONSULTANT for such professional and technica1
services as follows:
FIXED FEE OF $11, 000. 00.
SECTION II DEFINITIONS
A. CI]'Y - is herchy- cit.lined ia,c `.''it of "Miami, Florida.
13. CITY MANAGER is hereby defined as the City Manager of the City
of Miami, Florida.
C. CONSULTANT - is hereby defined as Jonathan G. Seymour and David M.
Scully, Landscape Architects.
D. COUNTY - is hereby defined as Dade County, Florida.
E. PROJECT - is hereby defined as the development of Ft. Dallas Park to be
located on City -owned property at approximately 60 SE 4th Street.
F. PROJECT COORDINATOR to be designated by the CITY MANAGER.
G. WORK - is hereby defined as the professional and technical services
to be rendered or provided by the CONSULTANT.
IT. FIXED FEE - is hereby defined ;is the amount of money the CITY agrees
to pay the CONSULTANT for his professional and technical services
required to complete the WORK as further defined in SECTION III -
PROFESSIONAL SER VICES hereof,
CONTRACT DOCUMENTS
Conditions,
is hereby defined as the City of Miami's +General.
Standard Contract forms, and all necessary construction plans
and specifications,
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Lam{ �, . ' V 7 J
, D1R1;C'tPERSONNEL r.:; PENSE , is hereby defined as cost
f salaries and
those mandatory and custotrtary benefits such as stationary, employee benefits,
insurance, sick leave, holidays, pensions, vacation and sittlilar benefits*
kr CONTRACTOR is hereby defined as the individual, partnership, or
corporation to which the CITY will award the contract to furnish materials,
equipment, and labor for construction of the PIIOStCT.
StCTiON 111 - PflO1 ESS10NAL SERVICES
The (ONSULTANT shall perform the following professional and technical services
con -.prising 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 budget including the fec for professional and technical services site
development and building construction is $111, 000. 00. The PROJECT develop-
ment budget does not include the costs of bulkheading or of relocating and renovating
the Fort Dallas barracks.
The CITY'S review and approval of the WORK wR1 relate only to overall com-
pliance 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 Agreement, the phraseology shall in no way relieve the CONSULTANT from
any duties or responsibilities under the terms of this Agreement and from using
the highest 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; "SUPPORTIVE
A. SCHEMATIC DESIGN PHASE DOCUMENTS
Upon written notice to proceed from the CITY MAlfaLd'fter commencing
the WORK the CONSULTANT shall develop two alternative schematic design
schemes for the PROJECT based on the approved development budget. The
schematic design phase shall include but is not limited tQ the following,
3,
4.
5.
12evicw .fie Miami ttiverfrortt bevelopthcnt Report; the Downtown Zorn
Study; the Miami Cottmprehertsive Neighborhood bevelop tent Plain,
current plans for Phase Two of the Miatnt Riverfront Walkway and
related data applicable to the PROJECT, including historical refer lie
to t t. Dallas, and to the Ft Dallas structure presently locat ed h
tut^nrnus Park•
Inspection of the site.
Conferences with PROJECT COORDINATOR the Planning Department
and the Executive Director of the Downtown Development Authority to
discuss the purpose, scopw, program, schedule and cost of the
PROJECT.
Analysis of PROJECT requirements.
Preparation of two alternative conceptual diagrams and drawings
that show the
scale and relationsbip of PROJECT components including
g
general use areas, structures, landscaping, materials, pedestrian
access and circulation, the surrounding area including the Miami
Riverwalk and the Convention Center, and other types of site amenities.
Particular attention shall be given to placing all or a portion of the Fort
Dallas barracks structure in the Park as one of the alternative conceptua
designs. Recommendations shall be made as to the necessary exterior
and interior renovations. The waterfront area shall be designed as an
extension of the existing Miami Riverfront Walkway, by providing
continuity in pedestrian circulation and visual relationships. Current
plans for Phase Two of the Miami Riverfront Walkway, extending
westward from Fort Dallas Park, shall also be taken into consideration
in the: design of the waterfront ai ea, Alterations to the standard
bulkhead design .nay be recommended as required by the overall
waterfront treatment. The Schematic pesign Phase shall be cox..
sidered complete upon the approval of the CITY MANAGER,
Within 30 calendar days from submission of the final Schematic Design documents,
the CITY 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 resign docu ents ;Host be revised, the time period
for revisions and subsequent review will be mutually designated by the CITY
MANAGER and the CONSULTANT based upon the nature and extent of the fiecessa
revisions. The CONSULTANT shall then present the two alternative scher iatic
designs to the City Commission; and remise the drawings as directed by the City
Cotnmissioh„ The Schematic hesign Phase will be considered complete upon the
final written approval of the CITY MANAGER,
$. DESIGN DEVELOPMENT PRASE
Upon written notice to proceed from the PROJECT COORDINATOR the CON.
SULTANT shall develop Design Development Drawings based upon the approved
schematic design. Included in this shall be the following:
1. Identification, 1ocati.(tn, dimension of landscaping, structures
(including the Fort Dallas barracks if it is to be relocated), surfaces,
materials and methods of construction.
2. Design of site utilities, and mechanical and electrical systems
(including those needed to support the Fort Dallas barracks if it is
to be relocated).
3. Design of a portion of the bulkheading if it is atypical from the standard
design as required by special waterfront treatment.
4. Identification and size of plant materials.
5. Design and location of park furniture and other site amenities.
6. Elevation drawings of structures, if any, views from the River and
from SE 4th Street.
7. Cost estimate and schedule of construction.
Within 30 calendar days from submission of the completed Design Develop-
ment documents, the CTTY
shall review all documents and the CITY
MANAGER shall notify the CONSULTANT in writing as to his approval or
reasons for withholding approval, I_r. the event that the Design Development
documents must be revised, the time period tor revisions and subsequent
review will be mutaally designated by the CITY MANAaEll and the
CONSULTANT based upon the nature and extent of the necessary revisions,
The Deign Development Drawings will be presented by .the CONS11i..,TANT
to the City Commission at the request ' the CITY MANACER, The
CONSULTANT small make such
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revisions to secure the 'City Commission's approvalo The Design 7eVeibps
merit phase shall be considered complete upon the CItV MANAGEP's
written certification that all documents are in accord with City CoMtriissiori
directive St
C, CONTRACT hdC iMtNTS tI1ASE
Upon written authorization from the CITY MANGER, the CONSULTANT
shall,
1. Prepare construction plans and specifications a.nd other contract
documents except for the General Conditions and Standard Contract
forms for the complete PROJECT with the exception of the bulkhead
and barracks bttil.c]illt `i'bc:Sc: rvill 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 a.rchitechtral, structural, mechanical, electrical,
service- connected equipment, site development, bidding information,
and the Special Provision of the Construction Contract, Bid Proposal,
and other Contract Documents. The laid Proposal shall include the
base bid and, if necessary, add alternates.
2. Furnish the CITY MANAGER with revised estimates of the PROJECT
construction cost, based on complete CONTRACT DOCUMENTS, and
broken down 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 otherwi so:
3. See that all construction plans and specifications (working drawings
and specifications) bear the seal. of a Florida registered professional
•
architect, landscape architect, and engineer and that the names of
professionals responsible for major portions of each separate specialty
of the WORK appear on the construction contract plans and specifications
It is fully understood, howk.-,-er that the CONSULTANT is th no way
relieved of any responsibility under the terms of this Agreethetlt ty
virtue of any other professionai who may associa.te with him in
Performing the WORK;
4, Present to the PROJECT COORDINATOR, five (5) copies of all
CONTRACT DOCUMENTS for approval, andrevise the CONTRACT
DOCUMENTS, as required, to secure the written approva.i of the
CITY MANAGER;
5, Followinv, opproval uf the cr,nt t documents by the CITY MANAGER,
conduct a.11 necessary "dry -run" checks of the contract docurn.ents it
connection :Jecitrizq oi,;,roval of necessary permits from all
local governmental authorities having jurisdiction over the PROJECT;
and sul):•Lit rvc]:;; d ;.; Ow 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 in 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 COORDINATOR
for approval and signature after which the PROTECT COORDINATOR
will furnish a copy 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 recom-
rriendations to tlie C11.-1 AiNAC;ER regarding the award of the
Construction Contract; and being available, if necessary,, to make
these recornmenda.tions t.o the City Conivoission in person.
9, Assemble and furnish to the CITY MANAGER data for publicity
releases.
Within fifteen (15) calendar clays from submission of the CONTRACT DOCUMENI'S
r% C
itfiaRmvp,, en-MI*1A NA C ER shall
(item 4 above) the CITY shall review all tloci.
notify the CONSULTANT in writ.ing as
to
E
t
4,
this approval or reasons for withholding approval' in the event that
the contract documents tmist be revised, the t1T? MANAoI R shall
designate the time permed for revisions and subsequent review,
cased upon the na.tute and extent of the necessary revisions" The:
Contract t)ucut-rents Phase. shall be considered complete on the 'day
the CITY executes a contract for the construction of the PROJtCT,
but in no case later than sixty (6()) calendar days from the completion
of iter:s 1 through 6 above.
CONSTRUCTION PIlASl
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 responsibilities:
1. Make periodic vibits to ihe site to familiarize hiro.3c1f c;, i t;t the pro•-
gress and quality of the constnt ction andto determine that: the construction is pro
feeding in accordance with the CONTRACT DOCUMENTS. On the basis of
his on -site observations he shall endeavor to guard the CITY against
defects and deficiencies in the work of the CONTRACTOR, The CON.
SULTANT shall not be required to make exhaustive or continuous
on -site inspections to check the quality or quantity of the construction.
The CONSULTANT shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for safety pre --
cautions and programs in connection wiih the construction, and he shall not
be responsible for the contractor's failure to carry out the construction in
accurd.!.„r•t wit!' t': r {r, ;,ct (!t,
The CONSULTANT, as representative of the CITY during the Con-
struction Phase, shall advise and consult with the CITY and all of
the CIT Yls instructions to the CONTRACTOR shall be is.sucd through the
CONSlIT,TiVra CO:N:SULT.ANT Shall rye as a liaison between
the COiT1 ACTOR and the cirry and maintain relationship with the
(ONTR AC -I OR and .-iubcontractors on the job only through the CON=
'I-RAC:MI:18 job superintendent; and
3, Submit weekly v..ritten progress reports to the PROJECT COOlthINATOli•
4, Make vbfrritten recommendations for the CITY'S review and concurrence
on all matters involving a deviation from the CONTRACT nocomtN-rs,
including such things as changes in material, equipment, or methods
of construction, changes in plans, extra v,,ork orders, supplemental
agreements, or any suggestions and modifications which may be
submitted by the CONTRACTOR. CONSULTAN1' shall not authorize
any such deviation from the CONTRACT DOCUMENTS without prior
written approval from the PROJECT COORDINATOR; but the CITYtS
review and concurrence shall not relieve the CONSULTANT of any
unch.r thc ic[n 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 of the CONTRACT DOCUMENTS, including approval
of shop drawings, samples, and other submissions of the CONTRACTOR
when they do not involve a change in the CONTRACT DOCUMENTS; and
6. Furnish any additional details or information when required at the
job site for proper execution of the work; and
7. Prepare request4 for all te:Aing necessary for the PROJECT including
core borings, test pits, soils, mill and laboratory tests, inspections
and reports required by the law or the CONTRACT DOCUMENTS and
retain or; or '1 1, .1 for permanent CITY records. Endeavor
to ascertain that all. tests required by the CONTRACT DOCUMENTS
are actually conducted, approve all testing subject to the review of the
PROJECT COORDINATOR; and
•
Make rectumt..ndatinns to the CITY as
to the approval of the CONTRACTORIS contraction schedule+,
be alert to the cot-npletlotl date and to conditions which fray cause
delay in cot)ipletiun, and advise the CTTV when the PROJ CT has
_
beef complete. l inaccordance \';1th the COM RAcT 1)OCUMt;N'TS and
that the PRO3! GT is 1•eady for final inspection and acceptance; and
After substantial coi-iipl.etion, make a list of items for correction
before final inspection, and check each item for correction; and
10. In the case of additions to, or renovations of -an existing facility)
‘vhic.h most be ii air_tai.necl z.In operational unit, notify the CITY
PROJECT COORDINATOR in writing of conditions on the job site which
may have an effect on the CITY!.S existing operation; and
11. The CONTRACTOR is expected to turn over
to the CITY a completed facility, however, the CITY shall have
the right, subject to the CONSU.L'1'ANT1S approval, to take possession
of and use any completed or partially convicted portion of the
PROJECT, not\vithstanding 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 completed and it shall in no way
relieve the CONSULTANT of any of his responsibilities under the
terms of this A greernent.
12. Maintain orderly files for (1) correspondence, (2) reports of job
conferences, (3) shop drawings and (4) reproductions of original.
CONTRACT DOCUMENTS S including alladdenda, change orders
and adll!tioila. tirav,:t "• ): '1 ali .ju nt. to tlll.. av,ard of the
Contract.
4
1 , Upon request by the CITY PROJECT COORDINATOR, attend and
report to the CITY on all required conferences held at the job
site; and
14, During the course of the construction, collect Guarantees, Certificates
attcl Maintenance Operation Manuals and keying Schedule, and at the
acceptance of the PROJECT, assemble this material and deliver it
to the CITY PROJECT COORDINATOR; and
15. Review the construction CONTRACTOR'S requisition for payrnents,
determine the amounts owing under the Construction Contract, and
issue the CITY certification of payments under such amounts. The
issuance of a Certificate for Payment shall constitute a representa-
tion by the CONSULTANT to the CITY, based on the CONSULTANT's
observations at the site app provided in SECTION III Paragraph 1
and on the data comprising the application for payrnent, that the
construction has been completed to the point indicated, that to the best of the
CONSULTANT'S knowledge, information and belief, the quality of
the construction is in accordance with the CONTRACT DOCUMENTS
(subject to an evaluation of the construction for conformance with the
CONTRACT DOCUMENTS upon substantial completion, to the
results of any subsequent tests required by the CONTRACT
DOCUMENTS, to minor deviations from the CONTRACT
DOCUMENTS correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment); and that the
CONTRACTOR is entitled to payment in the amount certified.
13y issuing a certificate for payment the CONSULTANT shall
not be deemed to represent that he has made any examination to
aac.ertatin how and for what purpose the4CONTRACTOR has used
the :money paid on account of the Contract suzn; and
"SUPPORTIVE
�jr;�UPR=NTS
FULLOYJ"
lG, `urni:yh to the CITY within thirty (30) tlays after eotnptet to
of the Construction Phase of the PTtOJECT the of igihal
t eprorlucible drawings of the Construction Contract plaits,
.revised to include all changes or modifications to the design
made during the Construction Phase; copies of all shop and working
drawings, duty approved by the CONSULTANT and copies of all
tests results
At t1 ! completion of construction of
deliver to the CITY written ccrtifica
knowledge, information, and belief,
accordance with CITY approved con
CITY approved change orders; and s
its irtay be requir,.1c1 by laws and rep,
the PROJECT`, the CONSULTANT shall
tion that to the CONSULTANTtS best
the PROJECT has been constructed itn
struction plans and specifications and
hall furnish such other written certificates
ui;,. ;on applicable to the: PROJECT.
The Construction Phase shall be considorcd complete ‘.vhen 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 CONSULTANT'S
representative in his absence.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CUT :;hatl fut ni:.1y L1h,: C O,;(501,'.t11;li .;crviccs and iuforn ation 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 l.aboratQry tests, and any :other testing
required.
■
■
The CITY MANAGEI; will designate a PROJECT COORDINATOR to act as
liaison bettvee.n the CITY and the CONStit TANT, and so advise the CON'
SUI. 't'A dT in writing prior to commencement of the WORK.
1:.)r The CITY shall supply all reproduction and binding of the bidding and con..
struction Nets of the CONTRACT DOCUMENTS and loan all e3 istifg and
applicable City aerial photographs.
E. So that work may proceed in an orderly and expeditious way, the CITY
shall within 30 days of submission give written approval of the WORK
or written reasons for withholding approval.
Fs The CONSULTANT shall be entitled to reply upon the accuracy of services)
information, survey and technical reports supplied by the CITY.
(1 The CITY shall receive and open birds within 60 calendar days from the
time of completion of items 1 through 6 of Section III-C CONTRACT DOCU.
MENTS 1'IIAS1,.
II. The CITY, if required by the approv,d site drdign, shall supply the archi-
tecture, engineering, contract documents and construction supervision for
the bulkheading and for the Fort Dallas barracks relocation and renovation.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services as outlined in SECTION III - PROFES-
SIONAL SERVICES, the CITY agrees to pay the CONSULTANT a FIXED FEE of
$11, 000. 00. Partial payments for the WORK shall be made as follows:
1. Fifteen percent (15%) of the FIXER) FEE when the WORK under
SECTION III A - SCHEMATIC DESIGN PHASE is completed and accepted
by the CITY.
2. Fifteen percent (15%) of the FIXED FEE when the WORK under
SECTION 11i i3 - DESIGN DEVELOPMENT PHASE is completed
and accepted by the CITY.
3, Forty-five percent (45%) of the FIXED 1�'EE when the WORK under
SECTION III C CONTRACT DOCUMENTS PHASE (items 1 through
6) is completed and accepted by the CITY,
4, Five percent (5 ,) of the FIXED FEE when the WORK under SECTION
III C . CONTRACT DOCUMENTS PIJASE (items 7 through 9)
completed and accepted by the CITY,x ,
s
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5. T'.v+iffy percent (20"+,) of the FIXED FEE when the work under
SECTION III D = CONSTRUCTION SUPER VISION PI4A81 is
completed and accepted by the CITY.
Turing each Phase, monthly partial payments shall be madc by the CITY in
proportion with the WORK done. These partial payments shall not exceed the
amount owed the CONSULTANT in account of his fee for that phase.
SECTION VI SCHEDULE OF WORK
The CONSULTANT agrees to execute the professional and technical services
promptly and diligently and in strict conformance with this Agreement. It is
understood and agreed by both parties that the following schedule for the WORK
will be strictly followed by the CONSULTANT.
A. The CONSULTANT agrees to commence WORT{ within ten (10) calendar days of
notice to proceed from the CITY MANAGER. The CONSULTANT will
inform the CITY MANAGER in writing of the exact date that the CONSULTANT
co - Incneeri \VC )[ 1
B. The WORK under SECTION III A - SCHEMATIC DESIGN PRASE shall be
delivered to the CITY MANAGER within thirty (30) calendar days after
the CONSULTANTcommences WORK.
C. The WORK under SECTION III B - DEVELOPMENT DESIGN PHASE shall
be delivered to the CITY MANAGER within thirty (30) calendar days after
the CONSULTANT has been given notice to begin SECTION III B -
DEVELOPMENT DESIGN PRASE.
D. The 'WORT{ under SECTION III C - CONTRACT DOCUMENTS PHASE
shall he delivered to the CITY MANAGER within sixty (60) calendar days
s ftnr the (`Irt'Y ^,N' T;'T. 1
• 1t tt'n authorization to begin
SECTION III C - CONTRACT DOCUMENTS PRASE.
F, The CONSULTANT has considered in his FIXED FEE construction inspec-
tion for a six (6) month period of construction,
The: CITY agrees that rejections or approvals for the CONSULTANT to proceed
will not be unreasonably withheld,
14.
rr
SUppoftrivE
r)0C 111'4 C"
rup ,',L 4!I
SECTION VII = TERMINATION OF AGR Emmrai\rr
The CITY retains the right to terminate this agreement at any tine prior to
completion of the WORK without penalty to the CITV, ln that evc.lt, tertnination
of this Agreement shall be in writing to the CONSULTANT and the CONSULT.ANT
shall be paid for services rendered tor each convicted phase of the WOTIR prior
to termination in accordance with SECTION V COMPENSATION FOR SERVICES.
If, however,
Pha-,e of the
the termination of this Agreement occurs during art incoMplete
WORK, then the CONSULTANT shall be paid at the rate of 2.75 x
DI7:EC'T PERSONNEI, EXPENSE for those services for incomplete 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 been made upori completion of this Phase of the WORK, nor
shall any partial payiliy,“ t;,;(ced t1+, ::,1,t)unt of this Agreement.
It is hereby understood hy and between the CITY and CONSULTANT that any
payment made in accordance with this section to the CONSULTANT shall be
made only if said CONSULTANT is not in default under the terms of this
Agreement. If the CONSULTANT is in default under the terms of this
Agreement, then the CITY shall in no way be obligated and shall not pay to
the CONSULTANT any sum whatsoever.
In the event of termination, all docu-
ments, plans, models, etc., as set forth in SECTION X - OWNERSHIP OF
DOCUMENTS shall be( ome the property of the CITY.
SECTION VIII - CONSULTANT'S SPECIALISTS
The CONSULTANT will be responsible for all the WORK of his own organization
and of consultants or associates, Nothing contained in this Agreement shall
create any contractual relation between any of the specialists working for the
CONSULTANT and the CITY. It shall be understood that the CONSULTANT
in no way is relieved of any responsibility under tHe terms of this Agreement
by virtue of any other professional who may associate himself in performing
the WORK,
-15-
listippoRTNE
DOCUMENT:',.;
FOLLOW"
SECTJoV I !X TRA SIRNic;E
The following professional services and WORK by the CONSULTANT shall not
be considered extra services but on the contrary shall be considered pant of the
WORK of the CONSULTANT.
Revising the CONTRACT DOCUMENTS, to reduce the cost of construction
of the PIIO,i1 CT to an amount not in excess of 10% of the latest CITY
approved cost estimate.
The following professional services and WORK by the CONSULTANT shall be
cc_-:idered extra services;
1. Making changes and/or additiunb to the CONTRACT DOCUMENTS when
such changes and/or additions are inconsistent with approvals or instruc-
tions previously given or are not due to the CONSULTANT'S error, or when
they are due to causes beyond the reasonable control of the CONSULTANT,
provided the CONSULTANT submits in writing to the PROJECT COORD-
INATOR his interpretation of such changes or additions, their estimated
cost, and other pertinent information, and has in return secured the
PROJECT COORDINATOR'S approval in writing of such changes or
additions as extra services.
2. Providing professional services in connection with construction that goes
more than thirty (30) days beyond the anticipated construction period of six
months, unless the delay is due to causes within the reasonable control
of the CONSULTANT.
3. Providing professional services made necessary by the default of the
contractor(s) beyond the control of the CONSULTANT.
For redesigning, the PROJEG'1 by reason of costs exceeding the estimate
by ten (10) percent when the GI'1'Y has not received and opened bids within
sixty (G0) days as set forth in Paragraph IV (g), above.
Ti:. CONSULTANT shall be compensated for J xtra$Services which are approved
in advance by the CITY MANAGER as follows:
1. For Extra Services performed by the CONSULTANT, 2.75 tunes
DIRECT PERSONNEL EXPENSE of all technical professional
perso,me1 performing .such Extra Services;
sic.
SECTION i< OWNE[t int, OF fOCUM NTS
All tracings, plans, drawings, specifications, field boot s, suFvey 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 liirni=
tation on their use, except that the CITY shall not reuse any part of this irtforma=
tion 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
infcrmation 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, specifications, books or any other matter whatsoever which
is given bythe CITY to the CONSULTANT pursuant to this Agreement shall at
all times r!'.rnain the i,, „l.,c rt} ,,f tit CITY „ti d shall not he used by the CON-
SULTANT for any other purpose whatsoever without the written consent of the
CITY.
SECTION XI - .AWARD OF AGREEMENT
The CONSULTANT warrants that he has not employed or retained 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 not
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, brokerage fee,
- 1 7,.
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 er ploy'ae
of the CITY is interested,directly or indirectly, in the proEitt
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
th services of any pro ussional 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 2, Article V) and Dade
County, Florida, (Dade County Code, Section 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 Agreement may be amended only by written instrument
signed by both the CITY and the CONSULTANT.
SECTION XIII - SUCCESSORS AND ASSIGNS
The•CONSULTANTshall makeno assignment ortransfer of this
Agrm nt:, cat: ir:"ta1ct;, inign. or t:ransier. any part of the WORK
under this Ag eenit. 1t without the written consent of the CITY.
• This. Agreement• shall ba binding upon the parties .hereto, their
heirs, executors, legal representatives, successors and assigns.
•
SECTION XIV - AUDIT RIGHTS
The CITY reserves the right to audit the records of the
CONSULTANT any time during the prosecution of this Agreement
and for a period of one year after
this Agreement,
final payment i$ made under
"r1)Pn'.': IVE
CU_ , i . T
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lalim i.j1 � ,,4.
�
• `/ IO V if1SL R �1:�,e: + ' t t
C'.F AND INDITMiVZr;i'CA'IQN
The CONSULTANT shall not commence work oh this Agreement until he has
obtained all insurance required under this Section and such insurance has beeit
approved by the CITE'.
The CONSULTANT shall indemnify and save the CITY harmless from any and
all claims, liability, losses and causes of actions which may arise out of the
CONSULTANT'S performance of duties as set forth in this Agreement and shall
pay all cla.ins and losses of any nature whatsoever in connection therewith and
shall defend all suits, in the name of. the CITY when applicable, and shall pay
all costs and judgrnents which may issue thereon. The CONSULTANT shall
maintain during the term of this Agreement the following insurance:
A. Professional Liability Insurance in amounts not less than $100, 000
covering all liability arising out of the terms of this Agreement.
Such policies are identified and attached hereto as Exhibit A to
this Agreement, and are accepted as complying with this paragraph.
The insurance coverage required shall include those classifications, as listed
in standard liability insurance manuals which most nearly reflect the operations
of the CONSULTANT.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
The CONSULTANT shall furnish certificat es of insurance to the CITY prior
to the commencement of operations, which certificates shall clearly indicate
that the CONSUI.'J A ;'.i' ha.; t l,taincd i:hsur:iuc e an the type, amount and classifications
as required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective witlitut f13i 040d riot
written notice to the CITY. DOCUMENTS
FOLLOW"
Compliance with foregoing requirements shall not relieve the CONSULTANT
of his liability and obligations under this Section or under any other portion of
this Agreement.
Notwithstanding the provision of Section XV of this Agreement,
the CONSULTANT shall not be liable for any damages .arising ot3t of any third
party not crnploy,'c by the CONSULTANT 'but only for damages arising; nut of any
act or ,omission by CONSULTANT i the performance c,f his duties. as sit forth
in this Agreement.
f
. t `IOi 3 � I - I�IOHT t T1I: CISIONS
Alt services shall be perforinicd by the CONSULTANT to the eatisfaction tlic
CITY MANAGER, who shall decide all questions, difficulties arid disputes of
Whatever Nature which may arise Under or by reason c_of this Agreement, the
prosecution and fulfillment of the s t•vices hereunder. and the character, quality,
arnount, and value thereof, and the decision of the CI'i l Mt1NACtl:,11 ttpoit all claims,
gitrstions of fact, and disputes shall be conclusive and binding upon the parties
thereto, unless such determination is clearly arbitrary or ttnrcasartable, In the
event that the CONSULTANT wishes to contest: the judgement of the CITY MANACl I.l,
the folio--: in g procedure for arbitration shall. apply:
A.
All claims, disputes and other matters in question between the parties to this
Agreement, arising out of, or relating to this Agreement or the breach
thereof, shall be decided by arbitration in a.ccordance with the Construction
Industry Arbitration Rules of the American Arbitration Association there
obtaining unless the parties mutually agree otherwise. No arbitration,
arising out of, or relating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional party not a party to this
Agreement except by written consent containing a specific reference to this
Agreement and signed by all the parties hereto. Any consent to arbitration
involving an additional party or parties shall not constitute consent to
arbitration of any dispute not described therein or with any partynot named
or described therein. This Agreement to arbitrate and any agreement to
arbitrate with an additional party or parties duly consented to by the parties
hereto shall be specficially enforceable under the prevailing arbitration law.
13. i•:otice of the c3cmaucl for arbitration shall be filed in writing with the other
party to ibis Agreement and with the American Arbitration Association.
The demand shallbe made within a reasonable time after the claim, dispute
r other ma.ttor in question has arisen. In no event shall the demand for
arbitration he 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 1in tati4OS jPPO 'rJ Y
E
DCCIJ M TS
F61: sAAin
.Z0
The ay..ard rende d by the arbitrators shall be tP.F.al andtncl judgrnerit rna.y
be entered upon it in accordance with applicable law in any court having
jurisdiction thereof&
- i1/4:0N4ISCP1M/NATION
The CONSULTANT agrees that there shall be no discrimination as to race)
color, creed or national origin) in regard to the CONSULTAN'PS obligations)
work and services performed under the terms of this Agreement.
S=TIO:': XVIII * CONSTRUCTION OF AGREEMENT
All parties hereto agree that this Agreement siw,11 be construed and e.nforced
according to the laws, statutes and case law of the State of Florida.
IN WITNESS Vv-HEREOF, the parties hereto have, through their proper
corporate officials, executed this Agreement, the day and year first above
set forth:
Wi,.,tness as to Jonathan Seymour
(‘..
' • /4,
Witrss as to David Scully
Attest
By:
//I
1,4'‘i /4,44ctal
Consultan
1.
onsultant
THE CITY OF MIAMI
(a municipal corporation of
the State of Florida)
By: (Seal)
City Clerk City Manager
APPROVED AS TO CONTENT APPROVED AS TO FORM .AND
CORRECTNESS
Director, Dept, of Parks and Recreation
. f. ()
1
Director, 1-)larulirt,,, 13pa.rttrierlt
tir
•C4ty Attorney
11 tC
ISUPT:)r.17 ;
DOCU Li 3
F LLO\N"
THE CITY OF MIAMI, FLORIDA
AFFIDAVIT
(Certifying compliance
With Section 4 (c) of
the Charter of the City
of Miami)
Before me, the undersigned authority, authorized to administer
oaths and take acklowledgellents, personally appeared Jonathan Seymour
-11
./ after being first duly sworn upon oath,
'deposes andsisays that to the best of his knowledge and belief no
Commissioner, Mayor or other Officer or employee of THE CITY OF
MIAMI, FLORIDA, is interested, directly or indirectly, in the profits
or emoluments of the contract, job, work or service for THE CITY OF
MIAMI in connection with this agreement.
SWORN AND SUBSCRIBED TO BEFORE ME this
197g. •
r
Notary Public, State of Florida at
Large
My Commission 4NPires;
Not,s oy r,TA"S r' E! 7".1‘ t•T tl
o` 1 7, 477E
• e P. nrrlf r ,r"
depth-les
THE CITY MIAMI, PEOR1DA
AEPIDAVIT
(Certifying compliance
With Section 4 (c) of
the Charter of the City
of Midmi)
Before me, the undersigned authority, authorized to administer
aths and take a,-knowledgements, personally appeared David Scully
, who after being first duly sworn upon oath,
and saN,L that to the best of his knowledge and belief no
Commissioner, Mayor or other Officer or employee of THE CITY OF
MIAMI, FLORIDA, is interested, directly or indirectly, in the profits
or emoluments of the contract, job, work or service for THE CITY OF
MIAMI in connection with this agreement.
By:;
/
SWORN AND SUBSCRIBED TO BEFORE ME this
day of
L , 194:6.
i7N
Notary Pubic, State of Florida at
Large
My Commission Expires;
PUNIC STATE OE N-ORMIL AT I. A 11 00
*iv rctAwcstori WIPES JVI4E 19#1918
00,41" " ; s MSUrit,NCi WI4DFPWrirP,
STATE OF FLORIDA
COUNTY OP UAbt
t, an officer authorized to take acknowledgements, t'il i,E8Y CEft'f'l1 ?
that on this � 1-t.0 day of XC- , pe r sonatly appeared
before me JOSEt 13 li, GRASSIE and 11.A LPtt G. ONGIE, known to me to he the
City .tanager• and the City Clerk, respectfully, of nit CITY OP MlAMI,
rnun? ipal corporation In and under the laws of the State of I''lorida, and known
to - c to be the persons who executed the foregoing instrument, and they severally
acknowledged the execution thereof to be their free and voluntary act and deed
as such officers, for the uses and purposes therein expressed, and that they
affixed thereto the official seal of the said municipal corporation, all by and
With the authority of law and of the City Commission, and that the said instru-
ment is the free and formal act of said municipal corporation.
WITNESS my hand and official seal in said county and state the day and
year last aforesaid.
Notary Public
My Commission Expires:
•,n•,P.RY Pq.11,1e. :TA*! nr F!G' DA AT LARC!
Mr cov utt,,or ! E'.".r cS 3.:119, 147E
ora0[C n,+t; r:...'FAl tNS'J:i%•T%CE UN'_'fr►voll"TFD'
w 2 s►