HomeMy WebLinkAboutR-77-023277
RESoLUTION No, 77-2 2
A RESOLUTION At rloRt2INc THE CITY MANAGER TO ENTER INTO
AN AGREEMENT FOR ARCHITECTURAL AND ENGINEERING CONSULTANT
SERVICES IN CONNECTION WITH THE CONSTRUCTION OP A HEAVY
EQUIPMENT SERVICE FACILITY TO BE LOCATED AT N,W, 14T1t
AVENUE AND 20TH STREET, MIAMI, FLORIDA, WITH THE FIRM of
MORTOt/woLFBERo/ALVAREZ/TARACIDo/SEIGLiE AND FRESE WITH
FUNDS THEREFOR TO BE PROVIDED BY THE U.S. DEPARTMENT OF
COMMERCE, E'COf4OMIC DEVELOPMENT ADMINISTRATION,AS AUTHORIZED
BY LOCAL PUBLIC ttoRgS DEVELOPMENT AND INVESTMENT ACT OP
1976, PURSUANT TO THE "OFFER OF GRANT" DATED JANUAR? 27,
1977 SUBMITTED BY THE AFORESAID ECONOMIC DEVELOPMENT
ADMINISTRATION, WITH COMPENSATION FOR PROFESSIONAL SERVICES
TO BE IN THE TOTAL AMOUNT OF $ 215 , 000 , 00 .
WHEREAS, the City Commission by Resolution No, 77-175 has
authorized the City Manager to negotiate an agreement with the firm
of Morton/ Wolfberg/Alvarez/ Taracido/Seiglie and Frese for archi-
tectural and engineering consultant services in connection with
the construction of a heavy equipment service facility to be con-
structed at NW 14th Avenue and 20th Street;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized and directed
to enter into an agreement for architectural and engineering con-
sultant services with the firm of Morton/Wolfberg/Alvarez/Taracido/
Seiglie and Frese.
Section 2. Funds therefor are to be provided by the U.S.
Department of Commerce, Economic Development Administration as
authorized by Local Public Works Development and Investment Act of
1976, pursuant to the "Offer of Grant" dated January 27, 1977,
Section 3. Compensation for architectural and engineering
consultant services shall be in the total amount of S215,000,00.
PASSED and ADOPTED this 16THday of "ARCH,
9AI PH S; 4 OMI F
CITY CLERK
PREPARED AND APPROVED BY;
1977.
"DOCUMENT INDEX
DOCUMENTS
Judl-th. Holl.ander,Asat City Attorney FOLLOW"
OVER AS TO FORM CORRECTNESS;
EORGE . NOX, JR., . ; ..ttorney
Pit
CITY COMMISSION
METING OF
MAR 161977
ROW* ,,.,, .,..,�t,.,
84
Joseph P. Crassie
City Manager
oft
tit?" OF MIAMI. twiiirtIOA•
•
•• • • • • • • • • • . • • • • • • • • • • , . • •
Viheeht E.E 11M. it
ist.a
.t•44.4..11.,,64521116,2ial iii4444•Ir
tlATE.
sul,K r
MAR
AgreeMent for PrOfedtiohal
EerVides=.,HeaVy tquipttaht
Service Vaciiity
We have concluded our negotiations with the firth of
MOrton/Wolfberg/Alvaret/taracido/Seiglie and Frese for
professional services for the Heavy Equipment Service
Pacility. This is a lump sum fee contract, including
all required services, in the amount of $215,000. the
cost of the fee is a part of the project cost and will
be paid from Grant Funds.
One of the more important parts of the agreement is the
emphasis on the need to comply with the very strict time
schedule. A summary of critical dates is included on
page 16 of the agreement. Under normal circumstances
we would have submitted the agreement to the Commission
for its review and approval in a more leisurely fashion.
However, in order to comply with the provisions of the
grant, this accelerated schedule was necessary. This
agreement has been reviewed by the Law Department, and
although Mr. Knox' signature does not appear, it has the
Law Department's approval.
"SUPPORTIVE
DOW WI E.-NT S
FOLLOW"
A r, Il I✓ E M I, N T.
THIS AGREEMENT made this day of ; A►D,, 1977
by and between THE CITY OF MrAMI a Municipal Corporation of the
State or Florida, herei.naf'ter called CITY and M0HT0N/WOLF3EHG/
ALVAREZ/TARACIDO/EIGLil & FRESE, hereinafter called PRINCIPAL
w 1TNES SETH
THAT WHEREAS, the CITY proposes to construct a Heavy Equipment
Service Facility at N.W, U Street and N.W. 111 Avenue, hereinafter
called PROJECT; and
WHEREAS, the CITY has programed approximately 'i l 0,0';(a,h0
from The U.S. Economic Development Administration to finance the
construction, the professional fee and other expenses of the
PROJECT; and
WHEREAS, the CI`I.'Y desires to engage an architectural -
engineering firm to render the necessary professional and
technical services hereu:a1'ter called WORK for the planning,
design and full time inspection and supervision of the PROJECT
upon the terms, conditions and provisions hereinafter Get forth
and
WHEREAS, the Commission of the City cif Miami has authori:;ed
the CITY MANAGER to prepare invitation proposals for architectural -
engineering services in accordance with State Law* for the Heavy
Equipment Service Facility; further directing the ul:'I'Y MANAGER to
receive said proposals :and submit his t'indings to the City
Commission ssio►► l'or its considerations; iderations; and
WHEREAS, the Commission of the City of Miami by Resolution
No. adopted , I977 selected the firm of
t4lJ1'I'UIJ!WOLFBERJ/AL`JAREZ/TARACi1)0/SEIGLIE & FRESH H and authorized
and directed the CITY MANAGER to negotiate an Arrrfeentent with said
firm for the professional and technical services required for the
PROJECT; and
NOW) THI;REE;FORE) the CITY and the PRINCIPAL for the consideraa.
tons hereinafter set forth) a)rr'ee and covenant, one unto the
other ;as follows:
;
UCCT:ION 1 "6 +=ENEHAL
A. The PRINCIPAL :ui+'i the CITY are fully aware of the prole
schedule that must be
rot itid t:ht' possibility of Nne tnr. ct:atrcel.a=
tier' l f (.)Bill Itt? labor l'e U1 r't?rnellt;:# (t1' the EC'OtlOfi C pni1'ttt;
Administration are not, met, and wi 11 t.her'efoi proceed with all
dr1 irxt t''.e to carry out the MIRK to meet sUt'h requirements,
Tho
l'IiII1(;11'Al, : hn 11. I'r+err=cd ttith all ;lpp l i ,able dispatch in a tIOUll.:_I.
economical, eft'ic:i.ent and professional darner, inclulinr preparation
or oll' 1)}t::;t't1 +-.)P i tart't_'!it't)L:t 1 h i tH 1 w» tlt e mt'ntPoii:St runt l ittl :l; i .;
necessary to insure the compliance with the I'eder'al. ?t',i.nt: provisions,
and that the provisions of ;all applicable Feder,. , ;irate and Local.
Laws will be met; and
B. The I'RI1NCIFAL shall perform the processional and techl,i,,al
services as hereinafter s(: t forth and in x eneral acrcordan+co with
the instructions of tho CITY and the r'ei1U1 t'eflV'nf. ;• of the P.
l)eiartrnent. of Conitnere ; and
C. 'The CITY has I?u,It^<'t,,c3 the amount o ;};','j lt')05C).00 t')t' Mae
construction of ca Heavy Equipment 'i v ice Facility with Site
Development. This amount. into 1 nd}r:' the fo1 lowinr :
1. $2,d,'5,000.0(1 for the construction or a Heavy
Equipment Facility to 1ne1ude the following:
a. N to Development or approximately 5 acres
e
h. Main ;and Administration Building: a.',000
to h(,00( :V
r. Fuellnr F:zcr11it,y;('or)t:r'c)l 1''i;atiearl; h Vehiale?s
d. Vehicle Te st.1r1r Facility: 1 Vehielto
e, Art. Work: l' °, of or,rwtruotion eo t
ufTOf, '? Truck'Entrance Cotat t'ol. I'ootll �'"C"�\/
a The LUMP SUM FEE for the selected architecturall.
engineering; firm providing the required professional
and architectural services; and
3. Furniture and Furnishings.
4. All tests required for the PROJECT.
D. The PRINCIPAL shall design the PROJECT within the funds
available to the CITY for this purpose; and
E. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all the professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES, hereof the LUMP SUM PEE oF TWt) (HUNDRED FIFTEEN THOUSAND
DOLLAR. AND NO/100 DC LLARS W15,000.00).
SECTION II - DEFINITIONS
A. CITY is hereby defined as the City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager of
the CITY.
C. DIRECTOR is hereby defined as the Director of the
Department of Public Works of the CITY.
D. PRINCIPAL - is hereby defined as MOHTON/ WOLFI3ERU/ALVAREZ/
TARACIDO/SEIGLIE & FRE: E.
E. PROJECT - is hereby defined as the construction of Heavy
Equipment Service Facility and Site Development.
F. ART WORK - is hereby defined as the art work to be
provided based on the scope of the PROJECT as set forth in the
Ordinance. It shnll be incumbent on the PRINCIPAL, however to
snake every effort to have the art: work included as a basic part
of the PROJECT.
0, WORK - is hereby defined as all the professional and
technical services to be rendered or provided by the PRINCIPAL
for the PROJECT as described in SECTION III - PROFESSIONAL
SERVICES hereof,
H. CONSTHUCTION CO2T - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but It
shall not include any PRINCIPAL'S fee, or special consultant's
"suaaosrnvE
FOLLOWU TS
fees of the cost of any survey, legal, finance, administrative
or similar sentices and land acquisition furnished by the CITY.
I. LUMP SUM FEE is hereby defined as the amount of money
the CITY agrees to pay and the PRINCIPAL agrees to accept as
ps.yMent in full for al] the professional and technical services
rendered by the PRINCIPAL pursuant to this Agreement, to complete
the WORK as further defined in SECTION III - PROFESSIONAL SERVICES
hereof.
J. PROJECT COORDINATOR - 3.s hereby defined as the PROJECT
coordinator for the CITY.
SECTION _II.I - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the CITY shall
perform the following professional and technical services
comprising the WORK and shall be fully responsible for all
professional and technical aspects thereof. The CITY' S review
and approval of the WORK will relate only to overall compliance
with the general requirements of the PROJECT and whenever the
term "Approval by the CITY" or like terms is used in this Agree-
ment, the phraseology shall in no way relieve the PRINCIPAL from
any duties or responsibilities under the terms of this Agreement
and from using the highest architectural and engineering services
and practices.
The PRINCIPAL shall, in the preparation of Plans and
Specifications, and on Site Inspection, comply with all Federal,
State and Local Codes, Ordinances and regulations pertaining to
the design and construction of the PROJECT. Attention is invited
to the Federal Wage. -]]our Law, Welch -]Mealy Act, The Occupational
Safety and Health Act, The National Enviromental Policy Act, Equal
Opportunity legislation and U.S, Economic Development Administra-
tion Requirements,
A. SCHEMATIC DESIGN PHASE
During the ,schematic Design Phase, upon written
authorization from the CITY MANAGER, the PRINCIPAL shall;
":_..0 !)C1 T1
�i E
S
k III
��x N
1. Consult with the CITY to ascertain the requirements
of the PROJECT and shall confirm such requirements with the CITY;
and
2. Develop and establish the criteria for the PROJECT,
conduct investigations and make recommendations in writing
relative to the location, scope, design, type of construction,
schedule and cost estimate of the PROJECT and be available for
holding all necessary conferences with the CITY and with Local
Groups as directed by the CITY; and
3. Prepare a Schematic Design Study consisting of
drawings and other documents illustrating the scale and relation-
ship of the components of the PROJECT, including architectural and
engineering studies, time schedules for the WORK, preliminary cost
estimates, schematic layouts, sketches, drawings and a construction
schedule program; and
J. Prepare a rendering and/or scale model of proposed
PROJECT; and
5. Be adequately prepared to make a presentation to the
City Commission, Planning and Zoning Board and other agencies as
required, including drawings, sketches, preliminary cost estimate,
rendering or model, and time schedule of the PROJECT; and
6. Revise the Schematic Design Drawings, sketches,
preliminary cost estimates, time schedules, etc., as directed by
the CITY.
The Schematic Design Phase shall be considered completed
when the CITY has approved and accepted this Phase as originally
presented or when revised as directed by the CITY.
B, DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written
authorization from the CITY MANAGER and in accordance with all
the approved and accepted parts of the Schematic Design Phase,
the PRINCIPAL shall:;
5 "SUPPORTIVE
DOCUM NTS
FALLOW"
1, Prepare the Design Development Documents consisting
of p1ahs 3 elevations and other drawings) arrd outline Specifications)
all in order to fix and illustrate the site pnd character of the
entire PROJECT ih its essentials as to location, kinds of material)
type of structure, mechanical and electrical system, utilities
locations and such other works as may be required; and
2. Submit to the CITY an estimate of PROJECT construction
cost broken down into major categories. It shall be fully under-
stood that the PRINCIPAL is in no way relieved of his professional
responsibility in the preparation of all statements of probable
construction cost eveh though the FiIflCIPAL has no control over
labor and material or competitive bidding. It shall be the
obligation of the PRINCIPAL to produce a design which may be
constructed within the CITY budgeted amount or any subsequent
revision thereof approved by the CITY. The CITY may require the
PRINCIPAL to revise the Schematic Design, Design Development
Documents, or assist in a Program modification or reduction as
necessary to provide a revised Estimate of PROJECT construction
cost within the CITY Budgeted amount as part of the PRINCIPAL'S
•
Basic Professional Services at no additional cost to the CITY; and
3. Submit completed Design Development Documents for
approval of the CITY and make such revisions thereof as required
by the CITY; and
u. Adjust the scale model or rendering of proposed
PROJECT if required by the CITY.
The Design Development Phase shall be considered
completed when the CITY has approved and accepted this Phase as
originally presented or when revised as directed by the City
Commission,
C. CONSTRUCTION DOCUMENTS PHASE
During the Construction Documents Phase, upon written
authorization from the CITY MANAGER, and in aceorda►rce with all
the approved and accepted part of the Design Development Phase,
the PRINCIPAJ, shall;
"SUPPORTIVE
DOCU M ENTS
FO LLOW"
1, Prepare the Design Development Documents consisting
of plant, elevations and other drawing-8, and outline tpecificationt,
all in order to fix and illustrate the size p.nd character of the
entire PROJECT in itt essentials as to location, kinds of material,
type of otructure, mechanical and electrical tystem, utilities
locations and such other works as may be required; and
2. Submit to the CITY an estimate of PROJECT construction
cost broken down into major categories, It shall be fully under-
stood that the PRINCIPAL Is in no way relieved of his professional
responsibility in the preparation of all statements of probable
construction cost eveh though the PRINCIPAL has no control over
labor and material or competitive bidding. It shall be the
obligation of the PRINCIPAL to produce a design which may be
constructed within the CITY budgeted amount or any subsequent
revision thereof approved by the CITY. The CITY may require the
PRINCIPAL to revise the Schematic Design, Design Development
Documents, or assist in a Program modification or reduction as
necessary to provide a revised Estimate of PROJECT construction
cost within the CITY Budgeted amount as part of the PRINCIPAL'S
Basic Professional Services at no additional cost to the CITY; and
3. Submit completed Design Development Documents for
approval of the CITY and make such revisions thereof as required
by the CITY; and
4. Adjust the scale model or rendering of proposed
PROJECT if required by the CITY.
The Design Development Phase shall be considered
completed when the CITY has approved and accepted this Phase as
originally presented or when revised as directed by the City
Commission.
C. CONSTRUCTION DOCUMENTS PRASE
During the Construction Documents Phase, upon written
authorization from the CITY MANAGER, and in accordance with all
the approved and accepted part of the Design Development Phase,
the PRINCIPAL shall:
G
‘‘SUPPORTIVE
DOCUMENTS
FOLLOW'
1. Prepare all cohrtruCtion contract plans and
specifications and other contract documents , except general
conditions or supplefnentary general conditio ns, for the Cofp1eted
PROJECT. These are to be in conformance with all applicable
Federal) State and Local Laws and Coda, and will include such
Items as the working drawihrs and specifications adequately
setting forth in detail description of the construction to be
done and also the materials, workmanship, finishes and equipment
required for all architectural, structural, mechanical, electrical,
service -connected equipment (e.g. fixtures and equipment attached
to the facilities electrically, mechanically or structurally)
site development, landscaping, bidding information and the
special provisions of the construction contract, bid proposal
and other construction contract documents; and
2, Revise the construction contract plans and specifica-
tions, and other written report or documents as required, to
secure the C I'rY' S approval thereo C; and
3. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost which may be indicated
by changes in scope, design, requirements, market conditions or
otherwise; and
4. Furnish the CITY with Final Estimate of PROJECT
construction cost based upon the completed working drawings and
specifications, broken down into major categories. The PRINCIPAL'S
estimates of PROJECT construction cost shall be construed as the
informed professional opinion of a responsible expert in the
sub,j ect matter, and the CITY will rely on it as a reasonable
approximation of bids to be received.
5. See that all construction contract plans and
specifications (working drawings and specifications) are of a
standard size approved by the DIRECTOR and bear the seal of either
a Florida registered professional architect or engineer and that
poresitJle for major portions of each
'SU
appear on the construction contract
PPORTIVE
DOCUMENTS
LQW"
the names of professionals res
separate spec ia1ty of the WORF.
and specifications; and
6,6 It is to be fully uriierstood that the ventilatioh
and heating system for the PROJECT sha1l provide draft -free
cooling, uniform temperatures and low operation and maintenance
costs, therefore the PRINCIPAL shall provide the services of a
professional with the experience and capability of designing
such a system; and
7. Because of the CITY'S concern for energy conservation
it shall be fully understood that the PRINCIPAL pay particular
attention to designing all of the energy systems required for
the PROJECT with emphasis towards conserving energy. Particular
attention will be focused on the different uses of the PROJECT
and the different demD.nds for air ventilation, lighting, hot water
generation, etc., as practicable within the budget and time
restraints for design placed on the facility by the Federal
funding involved; and
8. Submit the completed construction contract plans
and specifications to the CITY for a complete and detailed review
and approval; and
9. Conduct all necessary dry -run checks of the
construction contract plans and specifications in connection
with securing the approval of and necessary permits from all
governmental authorities having jurisdiction over the PROJECT
after the CITY has approved and accepted in writing the
construction contract plans and other contract documents. By
said acceptance, the CITY does not relieve the PRINCIPAL of any
responsibilities; and
10. Deliver to the CITY the completed master set of
construction contract plans and specifications and other related
parts of the Construction Contract including the Bid Proposal,
in such reproducible fora as may be specified by the CITY; and
The Construction Documents Phase shall be considered
complete on the day the CITY executes a Construction Contract for
the construction of the PROJECT.
•
•
=77
« 'v
b __ IDbI id t tAS
1. Prepare any addenda, with accompanying draWings or
other material as required, and submit original of each to the
DIRECTOR for a pproval and signature 1l;nature after which the DIRECTOR will
furnish a copy for each set of contract documents prepared; and
2. Review the bids and make recommendations to the CITY
MANAGER regarding the award of the construction contract, be
available if necessary to make these recommendations to the CITY
COMMISSION in person; and
3. Assemble and furnish the CITY MANAGER data for
publicity releases.
4. Take part in pre -bid conferences with CITY and
prospective bidders as required.
E. CONSTRUCTION PRASE
The Construction Phase will commence with the award of
the Construction Contract. During the Construction Phase, upon
written authorization from the CITY, the PRINCIPAL shall;
1. Make periodic visits to the site to familiarize
himself with the progress and quality of the WORK and to determine
that the WORK is proceeding in accordance with the Contract
Documents; and
2. Provide day by day on -site supervision and inspection
of the PROJECT by assigning a person mutually acceptable both to
the PRINCIPAL and the CITY MANAGER as resident engineer, inspector,
or full-time project representative to insure that construction
is being performed in accordance with the Contract Documents and
will exercise all reasonable diligence and care in order to
safeguard the CITY against all defects and deficiencies in the
construction of the PROJECT and may condemn the WORK as failing
to conform to the Contract Documents; and
3, ,Serve as liaison between the Contractor and the CITY
and maintain relationship with the Contractor and Subcontractors
on the job only through the Contractor's Job Superintendent; and
"SUPPORTIVE
DOCtj M EN TS
FOLLOW"
4, Uti i2ing the Critical path Method (PERT), asaiat
the Contractor in establishing a schedule for construction and
make recotnttendation§ oft all natters relating to the execution
and progrees of the construction to the extent provided by the
contraet between the CITY and the Contractor, keep the CITY
informed by weekly written Progress Reports of the actual progress
of the WORR and the progress required to adhere to the Critical
Path construction schedule; and
5, Consider, evaluate and make recommendations to the
CITY for its review of any suggestions or modifications which
might be submitted by the Contractor for approval; do not
authorize deviation from the Contract Documents without first
notifying the CITY and the Surety; and
6. Assist the Contractor to understand the intent of
the technical plans & specifications and make all decisions in matters
relating to the interpretation of the technical plans & specifications;
and
7. Furnish any additional details or information when
required at.the job site for proper execution of the work; and
8. Make written recommendations for the CITY'S review
and concurrence for such things as material and equipment, changes
in plans, extra work orders and supplemental agreements; these
reviews and concurrence shall not relieve the PRINCIPAL of any
responsibilities as specified under the terms of this Agreement, and
9; Check and approve shop and working drawings, samples
and other submissions furnished by the Contractor; not permitting
the installation of any material and equipment for which shop
drawings are required unless such drawing has been duly approved;
retain a copy of all shop and working drawings, duly approved by
the PRINCIPAL, for permanent CITY records; and
10. Prepare request or all required testing necessary
for the PROJECT including core borings, test pits, structural,
mechanical., ehemical, soils, mill and laboratory tests, inspections
and reports required by law or the Contract Documents; provide the
3
ENTS
. r"' j ! i"!i t ,,
CITY With certification that all 1 boratories S firms j individuals
and/or consultants conducting these tests are competent to perform
the service; retain a copy of all test results for permanent CITY
records; see that all tests required by the 'Contract boeuments
are actually conducted; and inspect and approve all testing; and
1.1. Receive sample which are required to be furnished
at the job site; record data received and from whom; examine said
samples and notify the CITY of his approval or rejection and
maintain custody of approved samples; and
12. Check and approve the Contractor's construction
schedule; be alert to the completion dale and to conditions which
may cause delay in completion or vary from the Critical. Path
(PERT) established and report same to the CITY; advise the CITY
when the PROJECT has been completed in accordance with the
Contract Documents and that the PROJECT is ready for final
inspection and acceptance; and
13. After substantial completion, make a list of items
for correction before final inspection, and check each item as
it is corrected; and
1.4. 1n the case of additions to, or renovations of an
existing facility, which must 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'S existing
operation; and
15. The PRINCIPAL and the Contractor are expected to
turn over to the CI'J.'Y a completed facility, however, the CITY
shall have the right to take possession of, and use any completed
or partially completed portion of the PROJECT, notwithstanding
the fact that the time for completing the entire PROJECT or such
portions inay 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 PRINCIPAL of any of his responsi
bi-l.itieS under the terms of this Agreement; and
"SUPPORTIVE
DOCUMENTS
FALLOW"
16, Maintain at the ,job site orderly filet for (1)
correspondence, (2) reportt of .,job conferences, (3) shop drawin ;U
and (tt) reproductions of original Contract Documents including
all addenda) change orders and additional drawings issued subse-
guettt to the award or the Contract, Keep a daily diary or log
book, recording hours on the job site, t;he work scheduled to be
accomplished that day, the work actually accomplished that day,
the various crafts working; daily and t;he egltipment used, weather
conditions, list of visiting officials and jurisdiction, decisions,
observations In general, and specific observations In more detail
as in the case of obs rving test procedures. Record names,
addresses and telephone numbers of all Contractors and ;ubcontrators;
and
17. Upon request by the CITY FRO.1ECT DIRECTOR, attend
and report to the CITY on all required conferences held at the
job site; and
18. During the course of the WORK, collect Guarantees,
Certificates and Maintenance Operation Manuals and Keying
Schedule, and at the acceptance of the i'ROJRCT, assemble this
material and deliver it to the CITY PROJECT COORDINATOR; and
19. Review the Construction Contractor's Requisition
for Payments, determine the amounts owing under the Construction
Contract, and issue to the CITY Certification for Payments under
such amounts; and
20. Furnish to the CITY within thirty (30) days after
completion of the Construction Phase of the PROJECT the original
reproducible drawings of the Construction Contract plans, revised
to include all changes or modifications to the design made during
the Construction )'vase; copies of all shop and work drawings,
duly approved by the PRINCIPAL and copies of all tests results.
At the completion of construction oi' the I'ROJPCT, the
PRINCIPAL *shall deliver to the CITY written certification that
the PROJECT has been constructed in accordance with CITY approved
g12- ISUPPOP T! l
C
cohdtruction plans and Specifications and CITY approved Change
orders; and shall furnish sueh other written Certificated as may
be required by laws and regulations applicable to the PROJECT.
The Construction rhase shall be complete when the
PRINCIPAL has delivered the aforesaid certificates including
"as builtplans) etc., to the CITY; and the City Commission liar
accepted said PROJECT.
During all Phases, the PRINCIPAL shall act as his own
representative to the CITY in all matters pertaining to the
PROJECT but the PRINCIPAL shall have the right to designate,
besides the resident engineer or inspector, an additional person
to act as the PRINCIPAL'S representative In his absence.
SECTION IV.- CITY :"ERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY files
A. The CITY shall provide information regarding its known
requirements for the I'I3OJECT,
B. The CITY shall furnish a Certified Land Survey of the
site giving, as applicable, grades and lines of streets, alleys,
pavements and adjoining property, right of way, restrictions,
boundaries and contours of the site, locations, dimensions and
data from existing records on file in the Department of Public
Works of the CITY pertaining to existing buildings, other
improvements and trees, and information concerning available
service and utility lines both public and private.
C. if the CITY PROJECT COORDINATOR observes or has been
notified in writing of any fault or defect in the PROJECT or
nonconformance with the Contract Documents, prompt written notice
thereof shall be given to the PRINCIPAL.
D, The CITY shall do all reproduction and binding of the
bidding and construction sets of the drawings and specifications;
and loan all existing and applicable CITY aerial. photographs,
"- "SUPPORTIVE
DOCUMENTS
FCC OW"
E. The CITY shall appo nt a PROJECT COORbINATOR to act as
liaison between CITY and PRINCIPAL.
T' a The CITY shall furnish all r'equiredt testing necessary
for the PROJECT including core borings, st pits, structural,
to
mechanical, chemical, soil, and mill and laboratory tests, as
the services of a soils engineer or other consultant when deemed
necessary by the PRINCIPAL and the PRINCIPAL shall be entitled
to rely upon the ncctrracy, cornpieteness and competence thereof.
G. The CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Detailed Construction
Cost Estimates based upon the Design Development Documents and
the Construction Documents.
SECTION COMPENSATION FOR SERVICES
For professional and technical services for the Schematic
Design Phase, Design Development Phase, Bidding Phase, Construclti.on
Document Phase and Construction Phase of the PROJECT, as outlined
in SECTION III - PROFESSIONAL SERVICES hereof, including the
services of a resident inspector, or other qualified personnel,
the CITY agrees to pay, and the PRINCIPAL agrees to accept, as a
full payment for his services the LUMP SUM PEE OF TWO HUNDRED
FIFTEEN THOUSAND AND 00/100 DOLLARS
($215,000.00).
This LUMP SUM FEE will hereinafter be called the BASIC FEE. This
payment will be made monthly in proportion to the services
performed so that the compensation at the completion of each
Phase shall equal the following percentages of the total BASIC
FEE.
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding Phase
Construction Phase
14
15%
35%
75%
80%
100%
oocutiEN?s
1LLON1
G 'IOC yr . SCHEDULE UP�.,,..t40tf
The PRINCIPAL and the CITY agree that titre is of the essence
in the achievement of the PtOJECT and further agree to etecUte
their respective responsibilities promptly and diligettly. The
PRINCIPAL agrees to execute the profeasionaltand technical services
promptly and diligently and only upon and in strict conformance
with specific authorisation from the CITY MANAGER or his DESIGNEE,
in writing. It is understood and agreed by both parties that the
following schedule for the WORK will be strictly followed by the
PRINCIPAL
A._ SCHEMATIC DESIGN__FIIA$E;
The Schematic Design Phase shall be delivered to the
CITY MANAGER no later than 10 March 1977 for his approval, Written
authorization will he provided by the CITY MANAGER to commence work
on this phase,
B. DESIGN DEVELOPMENT PHASE
The first Design Development Phase shall be delivered on
17 March 1977 for review and approval by the CITY MANAGER. The
PRINCIPAL shall receive written authorization to commence work on
this phase based on the approval of the Schematic Design Phase.
C . CONSTRUCTION DOCUMENTS PHASE
The Construction Documents Phase for the First Contract
for Construction shall be delivered to the CITY MANAGER on 31 March
1977, after having received written authorization to proceed from
the CITY MANAGER at: the completion of the Design Development Phase.
The Construction Document Phase for the Remaining Contract
for Construction shall be delivered to the CITY MANAGER on 9 June
1977, after having ; received written authorization as indicated above
in this section.
D. BIDDING PHASE
The Bidding Phase for the First Contract for Construction
shall commence on 4 Apr41 1977, and is projected to require fifteen
(15) calendar days,
The Bidding Phase for the Remaining Contract for Construc-
ti.ai shall commence on 13 Juiie 1977, and 1.s projected to require
twenty (20) calendar days, "SUPPORTIVE
" 3
15 - OVIJf�
E. THE POLLoWI1.1( 18 A 1UMMARY OF CRITICAL DATES.
March 10 Schpfnatic Design Phase
March 16 Planning Adv1s ory Board Presentation
March 17Design n Development Phase
March 31 Deliver Bid Package 111
April 4 out for bid of Bid Package a1
April 19 Receive Bids of Bid Package 1/1
April 20 Award Bids or Bid Package //1
April 26 Cotnntence Work on rate
June 9 Deliver Bid Package Ill
June 13 ( Out for Bid of Bid Package //2
July 5 Receive Bid of Bid Package 112
July 6 Award Bids of Bid Package 1/2
July 111 Work on Site of laid Package //2
F. PRINCIPAL'S RESPONSIBILITY FOn CONTINUOUS CONSTRUCTION
The PRINCIPAL ;;hall be responsible to provide contract
documents in the form of Bid Package #l1 and Bid Package //2 in a
timely fashion so as to allow for continuous construction on the
site in accordance with the guidelines of the Economic Development
Agency, once construction on the First Contract for Construction
has commenced.
The PRINCIPAL shall provide biddable documents to allow
for Commencement of the Construction of Bid Package #1 prior to
27 April 1977; and
The PRINCIPAL shall provide biddabble documents to allow
for commencement of the Remaining Contract for Construction prior
to 27 June 1977.
l t shall be understood by all parties that the afore-
mentioned obligations on the part of the PRINCIPAL shall be based
on award of a CONTRACT FOR CQN�'1'RUCT10r1 by the CITY at least eight
(8) calendar days prior to the dates indicated for commencement of
construction.-
3 6
"SUPPORTIVE
DOCU
FOLLOW"
i✓ T_ C�Nr_ r_,t_... POJ NA _ WORIC,.WAUT1t,oR THE
A. The CITY reserver the right to i.nerease the scope and
atnoutrt of the construction contract by directly authorizing the
Contractor to do extra or additional work without rep uirinf_ the
PRINCIPAL to furnish professional or technical servi.ce S,
13s The PRINCIPAL is to furnish landscaping and interior
design services which are not normally a part or his contract
documents and specifications, as part or his basic services
within the stipulated LUMP SUM FEE. However, the CITY reserves
the right to authorize the PRINCIPAL to peovide additional services:
if found necessary by, the CITY, such as development of an Area
Masterpian; data system, Solar Energy Capability based on 1 edet' t1
Grant Guidelines and estimated utility costs, in which case the
fee for these services will be on a negotiated basis.
SECTION ON VTII - TERMINATION OF AGREEMENT
The CITY retains the riE_;1rt to termt.nate this Agreement at
any time prier to completion of the WORK without; penalty to the
CITY. in that event termination of this Agreement shall be in
writing to the PIRINCIPAL and the PRINCIPAL shall be paid for his
services rendered in each completed PHASE prior to termination in
accordance with SECTION V - COMPENSATION FOR SERVICES, provided
however that the PRINCIPAL is not in default under the term of
this Agreement. If, however, the termination of this Agreement
occurs during an incomplete PHASE, then the PRINCIPAL shall be
paid at the rate of two and one-half (21�) times Direct Technical
Salary Expense for those services rendered in such incomplete
PHASE provided that the PRINCIPAL is not in default under the
terms of this Agreement. In no case, however, will the CITY pay
the PRINCIPAL a greater amount for this incomplete PHASE than
would have been paid bad the termination been made at the
completion of tlris P1`IA3E.
s 17
"SUPPORTIVE
{✓ ttt r 11t+ 1
•In the eveht or terminations all doCurnehts3 plans, etc., as •
set forth ih SECTION XI - OW1'1En IITfi OFF DOCUMENTS shall become the
ptopertY. of the CITY, with the same provisio ns or use as set
fot'th ih sa td SECTION II,
tC.CION..IX ._` rRINC.IPAL'...1I't,CtALI a'
The PRINCIPAL proposes to have the following; specialists,
either from his organization or as his consultants or associates,
to perform the services indicated:
A. Architectural
1;. Structural
C. Civil
D. Mechanical
E. Electrical
F. Air Conditioning
G. Landscapint.
H. Interior Design
I. Planner
J. Special Service Facilities
The 'PRINCIPAL will be responsible for all the WORK of his
own organisation, and o1 his consultants or associates. Nothing
contained In this Agreement shall create any contractual relationship
between any of the specialists working for the PRINCIPAL and the
CITY. It shall be understood that the PRINCIPAL is in no way
relieved of any responsibility under the terms of this Agreement
by virtue of any other professional ional who may associate with him
in performing the WORK.
SECTION X 4 ADD1TJ ONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the PRINCIPAL
shall not be considered extra services but on the contrary shall
be considered part of the WORK of the PRINCIPAL;
A. Revise the Construction Documents Phase and Construction
plans and specit'3catiorts to. reduce the cost of construction of
18
RTIVE
DOCIAIENTS
p
FCLLOVV"
the PROJECT to the final budgeted or CITY approved atrtauht for the
construction of the PROJECT, if the amount of the Lowest acceptable
bid received by the CITY for the construction or the PROJECT is
in excess of the final_ amount budgeted or apProVed for the Cost
or the construction contract or the PROJECT.
13. Any other revisions sug ;est;ecl by the CITY that are within
the scope or the WORK before the Design Development Documents and
Outline Specifications are npproved by the CITY.
SECTION__ XI - OWtII R11iIP OF__ DOCUMENT;
All tracings, plans, drawings, , specifications, field books,
survey information, mtaps, contract documents, reports and other
data developed as a result; of this Agreement shall become the
property of the CITY without restriction or limitation on tlicir
use, It is further stipulated that all information developed as
a part of the PROJECT shall not; he used by the PRINCIPAL without
written consent of the CITY.
1 t; is further understood by and between the parties that any
information, mnps, contract documents, reports, tracings, plans,
drawings, specifications, books or any other matter whatsoever
which is given by the CITY to the PRINCIPAL pursuant to this
Agreement shall at all times rern in the property of the CITY and
shall not be used by the PRINCIPAL for any other purpose whatso-
ever without the written consent of the CITY.
It is further understood that no press releases or publicity
is to be issued by the PRINCIPAL without prior submittal to the
CITY and written approval from the CITY.
P, C'i'IoIJ X).1 - AWARD OF AOR EMEi1'l'
The PRINCIPAL warrants that he has not; employed or retained
any company or persons to solicit or secure this Agreement, that;
he has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
considerations contingent upon or resulting From the award or
snaking of this Agreement,
A) LI.. , JIVE
1
The PRINCIPAL also warrants that to the best of his knowledge
and belief no Cortirnissiohery Mayor or other officer or employee
or the CITY is interested directly or indirectly ih the profits
or emuiurnent5 of this Agreement or the job, worl:, or services
for the CITY in connection with the contract or construction or
this PROJECT,
The PRINCIPAL shall not engage during the period of this
Agreement the services of any profe.;ional or technical person
who has been at any time during the period or this Agreement in
the employ of the CITY, This does not apply to retired employees
or the CITY.
The PRINCIPAL Is aware of the conflict of interest laws of
both the City of Miami and I.)ade County, Florida, and agrees that
he shall Cully comply In o11 respects with the terms of said laws.
SECTION Xi II EXTENT OF AGREEMENT
This Agreement represents the entire a.nd integrated Agree-
ment between the CITY and the PRINCIPAL and supercedes all prior
negotiations, representations or Agreements, either written or
oral. This Agreement may be amended only by written instrument
by both the CITY and the PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
Agreement, or ;sublet, assign or transfer any part of the WORK
under this Agreement without the written consent of the CITY.
This Agreement shall be binding upon the parties; hereto, their
heirs, executors, legal representative, successors and assigns.
SECTION XV - i'RUTfl 1 N NEGOTIATIONS
The t'IZi NC i I'U, hereby certifies that wage rates and other
factual unit costs supporting the compensation ar'e accurate,
complete and .current at the time of contracting and that the
original contract price and any additions thereto shall he
adusted to exclude Wray ,significant; sum where the CITY determines
the contract price was increased due to Inaccurate, incomplete
or non=eurreart Wage rate and other faetUS 0. „ o t. Suer 4�►
s 20sr DC ,3" Y43
adjustments rnust he trade within one year following the end of
the contract,
KOTIOtJ., .. _w�f s t'I' `r0 Atlpl'r
The CITY reserves the right to audit the records of the
PRINCIPAL any time during the prosecution of this Agreement, and
for a period or one year after final Payment is made under this
Agreement,
Notwithstanding any other provision of this Agreement, in
no event shall the payment or the LUMP SUM PEE under SECTION V
herein, enable the PRINCIPAL to earn a profit of more than TWENTY
(20%) PERCENT of that LUMP SUM FEE, At the time the final. Increment
of that LUMP SUM FEE is due to be paid by the CITY to the PRINCIPAL
pursuant to the terms of SECTION V Ihereltn, the PRINCIPAL shall
submit to the CITY a certification of his total costs incurred
and profits realized in providing the basic services as outlined
in ;SECTION :III herein. If such certification indicates profits
in excess of the maximum set forth above, the PRINCIPAL shall
simultaneously remit any overage to the CITY. The CITY reserves
the right to audit the books and records of the PRINCIPAL and to
adjust the amount of any such repayment in the light of said
audit. in calculating the total costs Incurred by the PRINCIPAL',S
own staff, the PRINCIPAL shall use a percentage overhead applied
to the DIRECT TECHNICAL ;SALARY EXPENSE as defined in SECTION II
- DEFINITIONS herein. The percentage overhead shall be equal to
the actual percentage overhead pertaining for all of the PRINCIPALS
work in the last twelve (12) month period preceding the date of
this Contract for which data is available. All services provided
by subcontractors to the PIfTJCJ PAL shall be included at the actual
cost paid by the PRIIJCIPAL and the percentage overhead shall not
apply.
SECTION XVII - INSURANCE AND INDEMIdJ1'ICATION
The PRINCIPAL shall not; commence work on this Contract until
he has obtained all insurance required under this paragraph and
such insurance has been approved by tilAt t 1
VE
DOCIJ M E. N 1.
FOLLOW"
jai-
The PRINCIPAL, shall indemnify and save the CITY har'tnless
froth any and all Claims, liability, losses and causes of actions
which may arise out or the PRINCIPAL'S operation or this Agreement,
The PRINCIPAL shall pay all claims and `losses of any nature
whatsoever in connection therewith and shall defend all suits, in
the name of the CITY when applicable and shall pay all costs and
judgements which may Issue thereon.
The Pt;It'CIPAt, shall maintain during the term of this Agreement
the following insurance:
A. Public Liability Insurance in amounts not less than
$300,000.00 per occurrence for bodily injury and $50,000.00 per
each occurrence for property damage.
B. Automobile Liability Insurance covering all owned, non-
owned and hired vehicle in the following amounts: $100,000.00
per person and $300,000.00 per occurrence.
C. Professional Liability Insurance in a minimum amount or
$1,000,000.00 covering all liability arising out; of the terms of
this Agreement.
D. Employers Liability Insurance in amounts as indicated
in Paragraph "A" above.
E. Workman's Compensation insurance in the statutory amounts.
Tim Insurance coverage required shall Include those classifi-
cations as listed In standard liability insurance manuals, which
most nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies authorized
to do business under the law, of the State of Florida; and which
are appro'ied according to specifications of the Property Manager
of the CITY.
The PRINCIPAL shall furnish certificates of insurance to the
CITY prior to the commencement of operations, which certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
in the type, amount and classification as required for strict
compliance with this t3ection and that iio material change or
cancellation of the insurance shall be effective without the
thlr'ty (30) days written notice to the
"714SUPPCRTIVE
DOCtJ M E. NTS
FCLLOW" •
Compliance with the foregoing requirements shall tiot relieve
the PRINCIPAL of his liability and obligations under this Section
or under any portion of this Agreement,
$RTON, ZZ, �`,., GIITbrrLC, Icy a
A11 services shall be performed by the PRINCIPAL to the
satisfaction of the DIRECTOR of Public Works who shall decide
all questions, difficulties and disputes of whatever nature which
may arise under or by reason or this Agreement, the prosecution
and fulfillment of the services hereunder, and the character,
quality, amount, and value thereof, and the DIRECTOR'S decisions
upon all claims, questions of fact, and disputes shall be filial,
conclusive and binding, upon the parties hereto, unless such
determination Is clearly arbitrary or unreasonable. In the event
that PRINCIPAL does not concur in the judgement of the DIRECTOR
as to any dectsion made by him, the PRINCIPAL shall present his
written objections to the CYTY I1ANAGER; and the DIRECTOR and the
PRINCIPAL shall abide by the decision of the CITY MANAGER. Adjust-
ment of compensation and contract time because of any changes In
the WORK which might become necessary or be deemed desirable as the
WORK progresses shall be reviewed by the DIRECTOR and the CITY
MANAGER and submitted to the City Commission for approval.
SECTION XIX NON-DISCRIMINATION
A. The PRINCIPAL will not discriminate against any employee
or applicant for employment because of race, color, religion, sex,
or natural origin. The PRINCIPAL will take affirmative action to
ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, color, religion,
sex, or natural origin. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination rates of pay or other forms of compensation; and
selection for training, including apprenticeship, The PRINCIPAL,
agrees to post in conspicuous places, available to employees and
a'APicauts
for employment, notices to he provided by the Personnel
1 The PRINCIPAL, will, in all solicitations or advertise*
ments for employees placed by or on behalf of the PRItCIPAL§ state
that all qualified applidantt will receive consideration for
employment without regard to race, color, religion Selt or
national origin.
C. The PRINCIPAL understands and agrees that the work to be
performed under this Contract is a project under direct Federal
financial assistance from the U.S. Department of Commerce, Economic
Development Administration and that compliance with the regulations,
policies, guidelines and requirements of that agency including
Office of Management and Budget Circular No. A-95 and Federal
Management Circulars 74.4 and 74-7 as they relate to this project
and the use of Federal funds will be strictly adhered to. The
PRINCIPAL further agrees to furnish records and reports such as
Employment Utilization Report SF-257 as may be required. The
PRINCIPAL agrees to design the Facility to comply with the "American
Standard Specifications for making Buildings and Facilities
Accessible to and Unable by the Physically Handicapped" and will
comply with Title VI and Title VII of the Civil Rights Act of 1964
is amended and specifically the requirements of the Department of
Commerce designated as 15CFR Subtitle A, Part 8, Section 110,
P.L. 94-369 and any amendments thereto as well as the, Conditions
in the Grant Agreement for the Local Public Works program.
SECTION XX - HATCH AND DAVIS - BACON ACTS
A. The PRINCIPAL warrants that he and his Sub -contractors
will comply with the Hatch Act as amended which limits the political
activities of employees and the Davis -Bacon Act as amended which
requires the payment of prevailing wage rates of this area as
determined by the Secretary of Labor.
SECTION XXI -e CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed
and enforeed accord Ing to the laws,
State of Florida,
statutes and case law of the
)4m "SUPPORTIVE
DOCUMENTS.
-FOLLOW'
IN WITNESS WHEfEOE the parties hereto have ihdiVidU.°diy and
through their proper corporate officials, executed this Agreement,
the day and year first above set forth
M01 'CON/WOLF iO/ALV PE /'iA ACtDO/
8L1CLiE & PfESE
is DAV1I) ORTON, Vice Presltlent
i liJ
'I'IIE CITY OP MIAMI, (a municipal
(;c)r'pOrat toil or the ~fate of Florida)
ATI'F;8'1't
I'Y
city Clerk
City Manager
AT'PHOVED 'A 3 TO CONTENT
Director, Department oi' Public Works
APPROVED AS TO FORM & CORRECTNESS
City Attorney