HomeMy WebLinkAboutR-77-0458. ESOLATt
A RtSOLOTION GRANTING WAIVERS TO,
WIt LIAM-O'LEARY, JONATHAN SEYMOUR,
*ILLIE BORROTO, JOSEEH MIDDLEI3ROOE5,
IEODORE BAKER, FROM THE FPROVISION
OE ARTICLE V, CON`LICTS OF INTEREST,
6P THE CIT? CODE,
WHEREAS, the Urban Development RevieW Board appointed by theMiatni
City Commission has diligently reviewed proposed developMents in the City
of Miami pursuant to the requirements of the City of Miami CoMprehensive
Zoning Ordinance; and
WHEREAS, their services without personal compensation promote and
enhance the urban development that occurs in the City of Miami; and
WHEREAS, certain members of the Urban Development Review Board
have entered into contractual agreements for professional services and
WHEREAS, the contractual agreements with the City for services by
these members does not conflict with their responsibilities to review
proposed development as part of the Urban Development Review Board; and
WHEREAS, the development review processes for new development in
the City of Miami under purview of the Urban Development Review Board
would be unduly delayed without the waivers requested herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI that:
Section 1. A waiver is hereby granted from the requirements of Article
V of the City Code for the persons of the Urban Development Review Board
and their projects set forth hereafter;
1, William O'Leary - Dixie Park Plan, 46 West Flagler Mini -Park
2, Jonathan Seymour - Fort Dallas Park Plan, Tacolcy-12th Avenue Park
3, Willie I3orroto - Dinner Key Auditorium Renovation
4 Joseph Middiebroaks = Midtown Planning Study
5, Theodore Baker T Central Miami Park
.t.cifT."
`DOCUMENT INDEX
TEM NO,
CITY COMMISSION
MEETING OF
MAY I 1977
R UT10N N0.7.77::1::" ;,, ,
R MARK ; .,... .
PASSES Ai Ab 1977,
nay .,,Jry.' a+.'J. i,•
Ailfee ieht made this day of i977 t by and between the dity o`f
M .aM, a Municipal ebrpofatioh of the State of Florida hereihaftef called
CITY" and donathah d, Seytouf, -942 5W 13:d Street, South Miami, Flofidat
and Ftendersot1 Rosenberg Associates, 6333 Sunset brine, South Miathi, Florida,:
and baVid M, Scully & Associates, 5900 SW 73rd Street, South Miailti, F16 'ida,
hereinafter. called "CONSULTANT"
WrTNESSETH
THAT, ` WHEREAS -, the Voters - �City bf Mi:a3tii. ,, haVe apptoyed. in an; election
s of the
on Match 140 1972, a Bond issue in the amount of $39,8900000 for Parks and
Recreational E'acilities which includes $2,000,000 to acquire and develop the
City portion of the proposed or, Martin Luther King Boulevard Linear Park;
and -
WHEREAS,the Miami City Commission by Resolution 74-98 dated
February 6, 1974, accepted in principle the "Linear Open Space Plan" for the
development of Dr. Martin Luther King Boulevard Linear Park, previously
approved by the. Model City Administering Board and Martin Luther King Boule-
vard Development Corporation and further requested that Metropolitan Dade
County cooperate with the CITY in coordinating the design and overall deve-
lopment of Dr. Martin Luther King Boulevard Linear Park; and
WHEREAS, by Resolution 77-228 dated March 16, 1977 The Miami
City Commission authorized the City Manager to enter into an agreement
between the City of Miami and Dade County providing that the Dade County
Departrents of Public Works, Housing and Urban Development, and the County.
'Attorncy's Office provide all acquisition, demolition and relocation services.
necessary for the acquisition of properties required by the CITY for Tacolcy
Park and 12th Avenue Park; and
WHEREAS, the CONSULTANT was selected -in accordance with Florida
'Statutes', Section 287.055, the Consultant's Competitive Negotiations Act; and
WHEREAS, the team of Jonathan G. Seymour, Henderson -Rosenberg
Associates, and David M. Scully & Associates, landscape architects, with it's,
designated sub -consultant Charles M, Sieger, architect, were judged to be
most .qualified among* all applicants to undertake this PROJECT; and
WHEREAS, the Miami City Commission by Resolution
dated
, authorized the City Manager and the City Clerkto enter ;into
9 d
aH .agreement with .Jonathan G: Su out', Hen['�erSpn�Rosenbe�' Associates �n
id Mr. ably Assbcia€eg) for pfotesgib iai Sefiiides fdf t
deVe .o ifiieht of Taooicy Petit and i th Avenue Petit*
NOW, ttitkEttit, the CITY and the i;ONgULT1 t fet the co taidetatio to hefei ti
et forth agree and coVehent i ogle Unto the tither p as tont:Ms
s °
§2C110. _GENE
The CONSULTANT shali perfoni the professional setii'ces aa;hereinafter e
forth: and
s. The CITY shah pay the ; CoNSULTA1 for professionai and tei hhicai
A.
a FIXEb FEE of $__82.00Q.
CITY is heteby defined
CITY MANAGER is hereby
Florida.
CONSULTANT ,.is hereby defined as Jonathan G..Seymour,
serViees
as` the City of Miami r ..,Florida.
defined as the City :Manager ofthe City of, Miami
Henderson -Rosenberg:
Associates, and David M. Scully & Associates.
• COUNTY is hereby defined as Dade County, Florida..
. PROJECT is hereby defined as the development of Tacolcy Park and l2th`
Avenue
Park.
PROJECT COORDINATOR - to be designated by the CITY MANAGER.
. WORK - is hereby defined as the professional and technical services tobe
rendered or provided by the CONSULTANT.
• FIXED FEE - is hereby defined as the amount of money the CITY agrees to
pay the CONSULTANT for professional and technical services required to
complete the WORK as further defined in SECTION III - PROFESSIONAL
SERVICES hereof.
• CONTRACT DOCUMENTS - is hereby defined as the City of Mianii's General.
Conditions, Standard Contract forms, and all necessary construction
plans and specifications.
• DIRECT PERSONNEL EXPENSE Is hereby defined as,the ehourly cost of
salaries and those ;mandatory and customary benefits such as stationery,
cmpl.oyee benefits, insurance, Sick' leave, holidays, pensions, vacation'
and similar benefits.
cONTRAC'oE - is hereby defined;as the individual, partnership, or corpor-
ation to which the CITY wig. . ,award the contract for
equipment, .and laborfor °construction of the PRoJgC
furnishing Materials,
RonsslottAti_StR9=6
the d NSt}LTANT shall perforf the followihq brofessiohdi and to hhidal serVicee
comprising the WORK and shall be fully responsible for all the professiehal
and technical aspects thereofo The CONSULTANT shall devote his persohal tithe
and attehtioh to the CONSULTANT s services to be futhished uhder this Agreement
aria
shall supervise and direct the perfottance
services hereunder,
of all professional and technical
The CONSULTANT shallf ih the preparation of plans and specifications, and in
site inspection, comply with all Federal State and local codes, ordihahcest:
and regulatiohs pertaining to the design and construction of the PROJECT.
The CONSULTANT 'shall design the PROJECT within the total amount of money
budgeted bythe CITY for this PROJECT. The total PROJECT development cost
including the fee for professional and technical services and site development
is $882,700.
The CITY `sreview and approval of the WORK will relate only to overall com-
pliance with general requirements of the PROJECT and whenever the terms
"Approval by the City" or "Acceptahce by the City" or like terms are used
in this Agreement, the phraseology shall in no way relieve the CONSULTANT
from any duties or responsiblities under the terms of this Agreement and
from using . a reasonable standard of professional services and practices.
Upon the full execution of this Agreement, the CONSULTANT shall prepare
WORK including but not limited to the following:
A. GENERAL
Upon written notice to proceed from the CITY MANAGER and after commencing the
WORK and for the duration of the WORK, the CONSULTANT shall cooperate with
CITY departments and interested agencies as follows
1. The CONSULTANT shall review all information supplied by the CITY pertaining
to existing conditions, plans, and proposed projects for the Model Cities
area, Dr, Martin Luther King Boulevard, and the PROJECT area.
The CONSULTANT shall inspect and evaluate the site, analyze requirements.,.
and discuss with the PROJECT COORDINATOR the purpose, program, schedule
and cost of the PROJECT,
The CONSULTANT shall make six presentations to community groups, including
approximately four presentations to the Peerd Pf Pirecters of the Be1afpnte
•
'outh Cehtef and tWO f)fdtehtat ott before jOi it Mie'etihila a the
e tot People bis . icet tit Task Force, the Model Cities 63 "Nutity
bei3elopMent Target Atea Task Force and the bt` i Martin ttithef kihcj Boiitem.:
a
var`d Cootdihating Coiithtittee fot the purpose of 'e tplaining the PHJEGO
and teceiVing the cohunity s eobments s These Meetings will be arrange
by the CITY and. a CITY representative will be in attendance, Prior:' to
making a community presentation, the CONSULTANT shall review the proposed
ptesehtation with. CITY staff, and Make modifications as requested.
The CONSULTANT shall work closely with bade County and its conaultanta'
charged with coordination of the overall development of br, Martin Luther'
king Boulevard and design of the buffer strips, to assure cothpatibiiity
of facilities and design,
SCHEMATIC DESIGN PHASE
Upon: written notice to proceed.from the. CITY MANAGtil
and after commencing the
the CONSULTANT shall develop schematic designs for the PROJECT asfollbwst
The WORK prepared for the Schematic Design Phase shall include but is not.
Preliminary site layout design including general use
areas, location of structures, landscaping materials,
pedestrianaccess and circulation, the surrounding area'.
including relationship to the adjacent buffer strips,
street improvements, residential areas, and existing
and potential commercial development along Dr. Martin
Luther King Boulevard.
Preliminary structure layout and elevation
Preliminary site utility design.
d. General description of materials to be
of construction.
Preliminary cost estimate,
Project schedule.
Schematic designs for Tacolcy Par%C.should `include consideration for the
following elements and those e7.ementP xecemmended
Section III,A,3 above,
gxPausion of the eXisti 9 Tacoiay 'Youth Center building
to provide adequate space for a senior citiAen$ recreate
tion program and other recreation programs including sUeh
i i i+� S iiU1 p!post o
afid storage tootfis
craft toof1 kiteha
br Meat t^oofiis which can be t a'de accessible to pack usefp
vhiie taihtainit seourity the itaih tecteati i i
bui�.ding�
Outdoor accilities for seniot ci i en �
A. Children" s playground designed to pr'oVide ..the haOmt i
feasible fietibility and diVersity ih actiVityi
greet State and County minimum standards for child care
programs as applicable to programs to be operated by
the telafonte Tacolcy Youth Center
Appropriate facilities for basketball tennis, handball,
and shuffleboard.
. Picnic area, including a barbeque pit.
g. Spaces for social gathering related to
h. Security lighting.
Parking.
Schematic Designs for 12th
Avenue Park should include consideration for
the following elements and those elements recommended by the agencies in
Section III.A.3 above.
a. Space for a bus shelter to be provided by Dade County
b. Suitable areas for social gathering and passive games.
4. All schematic designs shall conform, wherever feasible, to any specific
design criteria provided in writing by the PROJECT COORDINATOR prior and
during the schematic design phase.
5. If requested by the CITY MANAGER, present such drawings and information
as deemed necessary by the PROJECT COORDINATOR to the City Commission;
and revise the schematic designs as directed by 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 CON-
SULTANT in writing as to his approval or reasons for withholding approval. In
the event that the Schematic Design documents must 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 necessary
revi-nione.
.. DESIGN DEVELOPMENT PHASE
Upon written authorization to proceed from the CITY
AG1R.and based upon t
Approved Sehemati.c Pesign
rake Design beVelopMeht bOCUTh fits Consisting of plans f eleiiatiohs
Ahd other ci awings, and otitlihe specifications i all ih order to flit
and illustrate the site and character of the entire PROJECT ih its
etsehtials as to location kinds of Materials type of sttuctUtef
tYteehanidal and electrical systeMs, idehtifiCatioh and site of plait
Materials) design of futhittiref graphics) and other special features)
Utilities locations, and such the work as may be required t0 specify
the design
Prepare an itemized estimate of PROJECT construction cost,
Stjbtit the Design Development Documents and Estimate of PROJECT ctorv.
struction cost to the CITY, and make revisions as necessary to secttte
the approval of the CITY MANAGER.
4`. If requested by the CITY MANAGER, present such drawings and information,;
as deemed necessary by the PROJECT COORDINATOR to the City Commission;
and make minor revisions in the Design Development Documents and other
documents as directed by the CITY MANAGER.
Within 30 calendar days from submission of the completed Design Development
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 Design Development documents must 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
necessary revisions. Any revisions requested by the CITY which constitute a
major change in the design work previously approved in the Schematic Design.
Phase shall be considered extra services. The Design Development phase shall
be considered complete upon the CITY MANAGER's written certification that all
documents are in accord with City Commission directives,
D. CONTRACT DOCUMENTS PHASE
During the Contract Documents Phase, upon written authorization from the CITY
MANAGER, and in accordance with all the approved and accepted parts of the
Design Development Phase, the CONSULTANT shall;
1, Prepare all construction contract plans and specifications and other
contract documents, except general conditions or supplementary general
conditions, for the completed PROJECT. All plans and specifications
prepared by the coN514 TANT are to be in conformance with all appl .cahie
fall State and Local Laws Aid lodes; and Will include such itettg
s the working drawings and specifications adequately settihC forth
in 'detail, description of the cohsttuctioh to be done and also the.
fttaterials, workmanship, finishes and equipment requited for ail
architectural, sttuctutal, mechanical, electrical, setvice-conhected.
equipment (e.q., fixtures and equipment attached to the facilities
electrically► mechanically of structurally)# site development, iah&
scaping# bidding information and the special provisions of the con=
struction contract, bid proposal and other construction contract
dbciiments; and
Furnish the CITY MANAGER with revised estimates of the PROJECT con-
struction costs, 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 otherwise.
ee that all construction plans and specifications (working drawings
and specifications) bear the seal of a Florida registered professional,
architect, landscape architect, or engineer as required for that type
Work under the laws of the State of Florida and that the names of
professionals responsible for major portions of each separate specialty
f the WORK appear on the construction plans and specifications. It is
fully understood, however, that the CONSULTANT is in no way relieved of
any responsibility under the terms of this Agreement by virtue of any
other professional who may associate with him in performing the WORK;
Present to the PROJECT COORDINATOR, one reproducible copy of all CON-
TRACT DOCUMENTS for approval, and make technical revisions to the
CONTRACT DOCUMENTS, as required, to secure the written approval o
the CITY MANAGER;
Following approval of the contract documents by the CITY MANAGER, conduct
all necessary "dry -run" checks of the contract documents in connection
with securing the approval of necessary permits from all local govern -
Mental authorities having jurisdiction over the PROJECT; and submit any
required changes in the CONTRACT DOCUMENTS to the PROJECT COORDINATOR
for approval;
After successful completion of the dry -run check, transmit to the PROJECT
COORDINATOR the competed master set Of QONTRAQT PoC1MENTP in reproduciblo
form, ineludipg the B -d Proposal;
fare any addenda, with accompanying drawing or other Material as
te4uited, and submit original of each to the PROJECT COORDiNMTORY
Assist the CITY in the bid evaluation process by rebiewing the bids;
taking recommendations ommendations to the PROJECT COORDINATOR regarding the aWatd
Of the Construction Contract; and being available, if necessary; to
snake these recommendations to the City Commission in person;
Assemble and furnish existing data, plans and specifications to.the,
PROJECT COORDINATOR and drawings for publicity releases;
Withih`fifteen (15) calendar days from submission of the CONTRACT DOCUMENTS
(item 4 above) 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 contract documents must be revised, the CITY
MANAGER and the CONSULTANT shall mutually designate the time period for revisions
and subsequent review, based upon the nature and extent of the necessary revisions.
Revisions requested by the CITY which constitute a major change in the design
work as approved at the conclusion of the Design Development Phase shall be
considered extra work, with the exception of any revisions necessitated by a
technical error of the CONSULTANT which would result in denial of the necessary
permits. The Contract Documents Phase shall be considered complete on the day
the CITY executes a contract for the construction of the PROJECT, but in no case
later than sixty (60) calendar days from the completion of items 1 through 6 above.
CONSTRUCTION PHASE
Commencing with the award of the Construction Contract and upon written authoriza-
tion from the CITY MANAGER, and throughout construction the CONSULTANT shall over -
the construction work on behalf of the City of Miami with the following respon-
sibilities:
Attend the pre -construction meeting between the CITY and the CONTRACTOR.
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. On the basis of his on -site ob-
servations he shall endeavor to guard the CITY against defects and defi-
ciencies in the work of the CONTRACTOR. The CONSULTANT shall not be
required to make eXhaustive or continuous on -site inspections to check
quality or quantity of the work, The CONSULTANT shall not be respon-
sble for construction means, methods, techniques, sequences, or procedures
or for safety precautions ang programs in connection with the work
wri
11 for be tespohsibie fot the CON hACTOR's failure to fit
the Work ih accotdahce With the contract docuftehtss
th addition to his personal onsite inspection of the work
Cbt sULTANT shall provide inspection by a qualified engineer for
all design requiting the seal of a registered engineer; however
this does hot relieve the CONSULTANT of any responsibility Under
the terms of this Agreement.
The CONSULTANT, as representative of the CITY during the Construction
phase, shall advise and consult with the CITY and all of the CITY's
instructions to the CONTRACTOR shall be issued through the CONSULTANT4
This shall be accomplished periodically and is hot intended to require
continuous service by the CONSULTANT as an intermediary between the
CITY and CONTRACTOR. When acting under this paragraph, the CONSULTANT
shall serve as the CITY's agent to the CONTRACTOR and maintain relation:;
ship with the CONTRACTOR and subcontractors on the job only through the
CONTRACTOR'S job superintendent; provided that he is accessible to CON-
SULTANT during all on -site working hours.
Submit weekly written progress reports to the PROJECT COORDINATOR.
Make written recommendations for the CITY's review and concurrence on
all matters involving a deviation from the CONTRACT DOCUMENTS, including
such things as changes in material, equipment, or methods of construction,'.
changes in plans, extra work orders, supplemental agreements, or any
suggestions and modifications which may be submitted by the CONTRACTOR.
CONSULTANT shall not authorize any such deviation from the CONTRACT
DOCUMENTS without prior written approval from the PROJECT COORDINATOR;
but the CITY's review and concurrence shall not relieve the CONSULTANT
f any responsibilities under the terms of this Agreement.
Assist the CONTRACTOR at his request to understand the intent of the
Construction Plans and Specifications, and make all decisions in.
matters relating to the interpretation of the Construction Plans and
Specifications including approval of shop drawings, samples, and other
submissions of the CONTRACTOR when they do not involve a change in the
construction plans and specifications; and
Furnish any additional details or information when regui'e4 at th
site if necessary for proper execution of the worn,
tfe late fequests fbr ali tasting nedessary fof the PROJECt indlddih4
Cote borings, test pits) soils, mill and labotatofy tests, inspections
and tepotts requited by the law or the CONTRACT DOCUMENTS and tetaih
Y
copy of all test resiilt5 for' permanent CITY tecor ss thdeavot to asset=
taih that all tests required by the eoNTRACT bocUM.EN'S ate actualiy.conu
ducted, app ove all testin
r g subject to the teii#.ew of the PROJECT CODA=
b1NATOR,
Os Check and approve the CONTRACTO is construction schedule; be alert to the
completion date and to conditions which may cause delay in coMpletiol't, acid
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.
After substantial completion
final inspection, and check
make a list of. items for correction
each item as it is corrected.
before',
In` the case of additions to, or renovations of an existing facility, which
must be maintained as an operational unit, notify the CITY PROJECT COOR-
DINATOR in writing of conditions on the job site which may have an effect
on the CITY's existing operation.
The CONSULTANT and the CONTRACTOR are expected to turn over to the CITY'
a completed facility, however, the CITY shall have the right, subject
the CONSULTANT'S approval, to take possession and use of any com-
pleted or partially completed portion of the PROJECT, notwithstanding
the fact that the time for completing the entire PROJECT or such por-
tions may not have expired, but such taking prossession 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 Agreement.
Maintain orderly files for (1) correspondence, (2) reports of
ferences, (3) shop drawings and (4) reproductions of original
DOCUMENTS including all addenda, change orders and additional
issued subsequent to the award of the Contract.
131304 request by the CITY PROJECT COORDINATOR, attend and report to the
CITY on all required conferences held at the job site.
Daring the course of the WORK, collect from the CONTRACTOR Guarantees,
Certificates and Maintenance Operation Manuals and Keying Schedule,
d at the acceptance of the P2RO,7ICT, assemble this material 41114 491iVer
t to the CITY PROJECT 'OORDINATOR,
f1
dVidW the consttuctioh dON AttOft's teguis tion fof payments r detdtMihe
the a touhts owing under the COnsttliction Contract, and issue the dill
certification of payments under such amounts, The issuance of a eetti
ficate for Payment shall constitute a representation by the CONSULTANT
to the CITY, based on the CONSULTANT'S obseiVations at the site as prow
hided in SECTION III Paragraph 2 and on the data comprising the appli=
cation for payment, that the WORK has progressed to the point indicated;
that to the best of the CONSULTANT'S knowledge, information and beliefs
the quality of the WORK is in accordance with the CONTRACT DOCUMENTS
(subject to an evaluation of the WORK 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. ty issuing.
a certificate for payment the CONSULTANT shall not be deemed to repre-
that he has made any examination to ascertain how and for what pur-
pose the CONTRACTOR has used the money paid on account of the Contract,.
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 during the Construction Phase as pro-
vided by the CONTRACTOR; copies of all shop and working drawings, duly
approved by the CONSULTANT and copies of all test results.
At the completion of construction of the PROJECT, the CONSULTANT shall deliver to
the CITY written certification that to the CONSULTANT'S best knowledge, information,
and belief, the PROJECT has been constructed in accordance with CITY approved
construction plans and specifications and CITY approved change orders; and shall
furnish such other written certificates as may be required by laws and regulations
applicable to the PROJECT.
Nothing provided in this agreement shall be construed to lessen the extent of the
limitations upon CONSULTANT'S responsibilities for any phase of his work herein'-
under, in the manner that such limitations are set forth in Paragraph 2, and
such limitations shall pertain in all instances,
The Construction Phase shall be considered complete when the CONSULTANT has delivered
Aforesaid certificates, including "as -built pans' to the PROJECT COORDINATOR and he
accepted such eertifieate.s and the -City CommisSiof IIas accepted said PROJECT,
■
in4 all phases, the daiMMANt shati at as his both reptesehtatiVe t6 'tie
ih all matters pettathinc to the W ZoJEd1 but the COUSULTA t shah have
the right to designate one additional qualified Person to act At the dONgULTAN s
teptesehtatiVe ih his absence.
EGTION. IV :=LCITY8SEtZVICES 1f b sPOI 3ItiTIts,
he CITY shall furnish the CONSULTANT serVices and ihforttlatioh as
follows
The CITY shall make available to the CONSULTANT for his review, ekisting
CITY records, reports, ordinances, statistics) architectural and engi:
eering records and plans and related data applicable to the PROJECT,
The CITY agrees to supply a current survey of the site and will if
requested by the CONSULTANT and approved by the Director of Public
Works, supply core boring, test pits, mill and laboratory tests, and
any other testing required.
The CITY MANAGER will designate a PROJECT COORDINATOR to act
`son between the CITY and the CONSULTANT
and so advise the CONSULTANT
in. writing prior to commencement of the WORK.
The CITY shall supply all reproduction and binding of the bidding
construction sets of the CONTRACT DOCUMENTS and loan
applicable aerial photographs.
that work may proceed in an orderly
shall within 30 days of submission give
existing and
and expeditious way, the CITY
written approval of the WORK
or written reasons for withholding approval.
The CONSULTANT shall be entitled to rely upon the accuracy of services,
information, survey and technical reports supplied by the CITY.
The CITY shall receive and open bids within 60 calendar days
the time of completion of items 1 through 6 of Section III -
CONTRACT DOCUMENTS PHASE.
The CITY shall arrange all necessary meetings of the
and Community Development Task Forces, including the proper notifica-
ion of area residents.
In cases of disagreement between the community and the CITY, the CITY
Shall make a final determination and so notify the CONSULTANT in writing,
The CITY shall pay to the CONSULTANT the cost of reproducing plans and
drawings which are specifically requested by the CITY for the use of
CITY staff and the community, provided that the CONSULTANT submits 411<.
¥eoeipts along with his month.y request for compensation for servicoP#,
:O
CoMP8NstktioN. YOR AtR910g,
Fof professional and technical setVices as butlinec ih SECTION
SE)tVitES ) the CITY agrees to pay the CONSULTANT a FIXEb Ptt cif
payments for the WORK shall be made as follows:
1. Twenty percent (20%) of the FIXED FEE when the NORM cinder SECTION
tit $ - SCHEMATIC DESIGN PHASE and appropriate items under SECTION
A = GENERAL ate completed and accepted by the CITY,
Fifteen percent (15%) of the FIXED FEE when the WORK under SECTION
_
III C DESIGN DEVELOPMENT PHASE is completed and accepted by the
IlI PktiftSSIO 3A
,6o partial
CITY:
Forty percent (40%) of the FIXED FEE when the WORK under SECTION'
III D - 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 I11
D CONTRACT DOCUMENTS PHASE (Items 7 through 9) is completed and
accepted by the CITY.
5. Twenty percent (20%) of the FIXED FEE when the WORK under SECTION
III-E -. CONSTRUCTION PHASE and SECTION II1 A GENERAL is completed
and accepted by the CITY.
During each Phase, monthly payments shall be made by the CITY in proportion with.
the WORK done. These partial payments shall not exceed the amount owed the CON
SULTANT on account of his fee for that phase.
In the event that the total PROJECT development budget of $882,700 is increased
by more than 10% by the CITY at any time up to the approval of the final CON-
TRACT DOCUMENTS, the CITY shall compensate the CONSULTANT for the additional
warp required, by negotiation of a reasonable fee in addition to the FIXED
FEE of $82,700 as set forth above,
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, except in cases of fire, hurricane, strife,
war, Mood or other such natural and man-made forces beyond the control of the
CoNsuLTANT, or if a delay ie caused by the act or inaction of the CITY,
The . Of15Uf,TANP a:0feet to cdiPii4iehce WbR , 'w t iih teh `( .o) days of oti`ce
t i .procdda from .thd lTV MANAttki The tON§OttAtet will ihforii the cfT
;r q a to that the Co t5U ,TANT 'cbt iehded
J'
Mfi�fiAGRR ih 'i.tihof the e�tact Ada :..
WORiy
The WORk under the appropriate tasks in StcTION ±t t A dtUtP,A , .and
SECTION It1 b - SCHEMATIC b SIGN PHAPt shall be delivered to the
CITY NANAG1 R Within 90 calendar days after the -CONSULTANT SULTANT comMences
t�ORt� ti
The, WORD undet SECTION III C btvnto'MENTbt;SIGN PHASE shall be
delivered to the CITY MANAGER Within 60 calendar days after the
CONSULTANT has been giv'eh Notice to begin SECTION III C • u8VELOPMENT
DESIGN PHASE.
. The WORK under SECTION III b CONTRACT DOCUMENTS PHASE shall be
delivered to the CITY MANAGER within 60 Calendar days after the;CiTY.
MANAGER has given written authorization to begin 'SECTION III D,.- CON-
TRACT DOCUMENTS PHASE.
The`CONSULTANT has considered in his:FIXED FEE construction inspection.
for an eight (8) month'period of construction.
The CITY agrees that rejections or approvals:,for the CONSULTANT to proceed will
not be unreasonably withheld.
SECTION VII - TERMINATION OF AGREEMENT
Both the CITY and the CONSULTANT retain the rightto terminate this
Agreement at
any time prior to completion of the WORK. Termination by either party shall be
given in writing and shall be effective immediately upon receipt of such notifi-
cation.
If, the CITY terminates this. Agreement due to the default of the CONSULTANT, then
the CITY shall in noway be obligated to compensate the CONSULTANT for WORK per
formed subsequent to the notice of default. However, if the CITY terminates this Agree-
meat for any reason other than the default of the CONSULTANT, then the CONSULTANT.shall
be paid for services rendered for each completed phase of the WORK prior to termin-
ation in' accordance with SECTION V-- COMPENSATION FOR SERVICES. If the" CITY ter'
ninates this Agreement daring an incomplete phase of the WORK, then the CONSULTANT
shall be Paid at the rate of 2,75 x DIRECT PERSONNEL EXPENSE for those services
for incomplete portions of the WORK,
CONSULTANT. a greater amount for an incomplete PHASE of the WORK than W0414 have
had the termination been :made upon
�ce� paid,completion of this has •of the
In no case,, however, will the CITY pay the
W30 , . it5t Pa. tia
��reet�a'rit
if " thb G-'ON8ULTAWT tdiminates this 1 cjfeetnent fc r dhy easbh Wha't's dVbfi thin '
psi
ieht dkcded .:tft
,iota :. fee c'stabIishd
he
shall. be entitled to patent for services re hdered prior to to ihati"on)
provided that said services are ih accordance With the specifications of this agreement.
HbWeVcr,.if the.CONSULTM4T 'terMinates this Agteetieht for any reason other than a default
of the CITY, he shall be liable for all curved by the CITY ih acquiting pro=
_ costs. in
fessional services elseWhere and in progressing to the point where WOR}: Was terminated,
ihdiuding but not limited 'tO such.expehses as adVertising, CITY staff time
devoted to consultant selectioh, contract hegotiation, and project administra=
tion, increased fees for professional services, increased PROJECT cohstructioi1
costs due to the delay caused by termination, and the portion of the professional
services fees paid for review of WORKby performed the CONSULTANT prior to terms
inination
of this Agreement.;.
n the event of termination
as setforth in SECTION X-.
the CITY.
SECTION VIII - CONSULTANT'S SPECIALISTS
The. CONSULTANT shall provide specialists in architecture and electrical
by either party, all documents, plans
models, etc.,
OWNERSHIP OF DOCUMENTS shall become, the property. of
mechanical,
structural engineering or any other field as required, for the execution of CON-.
TRACT DOCUMENTS for this PROJECT under the laws of the State of Florida. The
CONSULTANT will be responsible for all the WORK of his own organization and of
"any subconsultants 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..
SECTION'IX - EXTRA SERVICES
The following professional services and WORK by the CONSULTANT shall not be
considered extra services but oh the contrary shah. be.consideredpartof the
WORK of the CONSULTANT:
- reduce the cost of construction
of the PROJECT to an amount not in eXCPPP of 10% of
41310r4ved cost estimate,
fo ..owilg Vrofesgionai services and 'WQR14,by tb9 CQNPulaA+1T 0411 be cAns .tiered''
tr4 4Orvices;
Making changes and/at additions to the benign b Ve1.opTe'ht dfaWings
t the CONTRACT boCtUMEt4t when such changes and/at additions ate
ihcolsistent With apptoVals given at the condiUSioh of the ptevioug
phase , , t"f of tghen
of the WORK and ate hot due to the "CONSULTi�Nfi s erto'
they are due to causes beyond the teasohable cohtYol of the CbNSt.Lm
TAM provided the CONSULTANT submits ih writing to the PROJECT
COORDINATOR his interpretation of such chances or additions f their
estimated taste and ertinettt in other p- formation, and has' ih return
secured the.CITY MANAGER's approval ih utitihg of such
additions as extra service's.
2 Providing professional services in' co etibfl with construction that
changes or
goes more than 20 days beyond the anticipated construction period'
of eight months, unless the delay is due to causes within the reason-
able control of the CONSULTANT._
.",Providing professional services made necessary by the default of the
CONTRACTOR(S).beyond the control
of the CONSULTANT.
For redesigning the PROJECT by reason of costs exceeding the latest
,�. approved estimate by more than ten (10) percent when the CITY has
not received and opened .bids "within sixty (60) days as set
Paragraph IV (g) above
The'CONSULTANT shall be compensated for Extra
by the CITY MANAGER as follows:
For Extra Services performed by the CONSULTANT, 2.75 times DIRECT
PERSONNEL EXPENSE of all technical and professional personnel per-
forming such Extra Services.
SECTION X - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books,: survey information,
maps, contract documents, reports and other data developed as a result of this
Agreement shall become the property of the CITY without restriction or limitation
forth in
Services which 'are;°approved in advance
on their use, except that the CITY shall not reuse any unique information or
drawings for any other project at a future date without the written consent and
fair compensation of the CONSULTANT, It is further stipulated that all unique
information developed .as a part of this PROJECT Shall not be used by the CONSULTANT
Without Written consent Pf the CITY, except and in connection with services under'
this' Agreement, It.4.s fuurther understood by and between the parties that any
contract documents, reports, traciags,plans..,
drawin9sq :spec,
idatiohs, books or any other Matter whatsoovet which ,is giVeft by the CITY to
the taiMJLTANT pursUaht to this fsgreefnent shdi. L at ail tithes remaih the property
d • tho 'CITY and shall hot be Used by the CONSULtAtit fOt ahy other pUtpose what
bOdVer_ Without the written Consent Of the CITY.
S C''ION Xl_ -...AWtRD. OF,. AGREEMENT
The CONSULTANT warrants that he has hot efnployed or retained any company o
persons other than . a bona fide. employee working solely,:for the CONSULTANT Of
his stbconsUltants to solicit or secure this Agreetnent:and that he has not
paid or agreed to pay any persoh, company, corporation:). individual or firm
other than a bona fide employee working for the CONSULTANT or his snbconsul-
tants, any fee, commission, percentage* brokerage fee,;::gifts or any other
consideration, contingent upon or resulting from the aWard or making of
this Agreement.
The CONSULTANT also warrants that to the best of his knowledge and belief,
no commissioner, mayor, or other officer or employee qf the CITY is interested,
directly or indirectly, in the profits or emoluments qf this Agreement or the
job, work or services for the CITY in connection with the contract or con-
struction of this PROJECT. EC
The CONSULTANT shall not engage during the period of this Agreement the services,
of any professional or technical personnel who has been at any time during the
period of this Agreement in the employ of the CITY. This does not apply to
retired employees of the CITY. The CONSULTANT is awar2:of the conflict of
interest laws of the City of Miami (Miami City Code Chapter 2, Article V) an
Dade County, Florida (Dade County Code, Section 2-11.1k.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 CONSULTANT shall make no assignment or transfer oft}this Agreement, or sublet,
assign or transfer any part of the WORK under this Agreement without the written.
consent f the CITY, This Agreement shall be binding Ripon the parties hereto,
their hems,
executors, legai representatives, successors and assigns:
.17
T t teseti es the tight tb aUdit the redbfdd 3f the dbNSULTANt
this Ac teemeht, ahy tittle during the e tedutioh of this Agteetieht and
petiod of one year after final pays eht is Made uhdet this Agteetneht,
3CMib f XV.,_= . INSUi2 NC8, _ ANb,. _INDERNIt,IcATIQN
The CONSULTANT shall hot commence work on this Agreetneh't until he has obtained'
all insurance required under this section and such ihsutahce has been approved
by the CITY.
The CONSULTANT shall indemn
fy and save the CITY harmless from any and all clans,
iability, losses and causes of actions which may arise out of the CONSOLTANT's
performance of duties as set forth in this Agreement and 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
judgments which may issue thereon. The CONSULTANT shall maintain during; the term;
f this Agreement the following insurance:
A. Professional Liability
Insurance in amounts not less than,
$1,0000000 covering all liability arising out o
the terms
of this Agreement. Such policies are identified and attached
hereto as Exhibit A to this
Agreement, and are accepted as:
complying with this paragraph.
insurance coverage required shall include
standard liability insurance manuals,which most nearly reflect the operations'o
the CONSULTANT.
All insurance policies shall
be issued by companies authorized to do business under
the laws of the State of Florida.
The CONSULTANT shall furnish certificates of insurance to the CITY prior
commencement of operations, which certificates shall clearly indicate that the
CONSULTANT has obtained insurance in the type, amount and classification as
required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the CITY,
compliance with foregoing requirements shall not relieve the CONSULTANT of his
liability and obligations under this Section or under any other portion of this
Notwithstanding the provision of Section XV of this Agreement., the
CONSULTANT sha.l not be liable for any damages arising otit,of any third party_
of employed by`the CONSULTANT but only for damages arising out of any ,ac"
the CONSULTANT in the performance of his ,duties4
h the eV ht hat 'Lh
A
a;
:OJECB perioa :ex�,��.� ••�,..
defieht and is hot due th the aet of
tci the dot4 OL ANt the :pte iults
0
inaction o t. trn istJtt
f►0. ; te: thah 'BOO OO o
ahalf.
eStiCh.t
Lability
3ttsltrrihcet
Sr" i ,0.$ e..ttT Pk i , 5101
At serVices shali bc. petfbthcd by the CouOttA4'' to the sat ii4OLi * cf the
1T'Y �t<�t�AG tt, Who shall deckle all cuest#otts - iffietilties and d .hfst te§ `o•
f
whtitever .hatiire ,' hich Mgty' atice undef ot.bd bf tliis AgreeMet t the
eXecuton ahfilitticht df the 5crvice here under and: the-hatatet,. aity,
amount ahci' Value theteof , and the deoisioii of 'the ft MA #Asittt upoh all elaitfis t
titiestioris of ;fact, and disputes shad be'cohclusiVe and-binding upon tte patties
there'tor,iitiiess suoh detcrMinatiori is clearly arbittary or threasoriabl,es in the
eVent`that. the•Co1ISN�,TANT` wishes t:o: contest the jtidgiiieht of•the till t�tANAGttt,
the following procedure for arbitration shall`_app-.
All claims disputes and other matters in question between the parties
to this AT-ecmetit, arising outof, or relating to this Agreement or
thebreach' thereof, shall be decided by arbitration In accordance
with the Construction Industry Arbitration Rules of the American Arbi-
tration Association then obtaining unless the parties mutually agree.
otherwise, No arbitration, arising out;of, or relating to this Agree-
ment 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 parties hereto. Any consent to arbitration involving an additional
party or parties shall not constitute consent to arbitration of any dis-
pute not described therein or with anyparty not 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` specifically enforceable under the prevailing arbitra-
tion•law.
Notice of the demand for arbitration shall be filed in writing with
the other party to this. Agreement and with the American Arbitration
Association, The demandshall be made within a t:easQnable time after
the claim► dispute or other: matter in question has arisen, It; no
event shall tiro demand for at'bittration be triade after the date whoa
-nst3.tytl.On• of.:egai or equ4-table pt ocecdings based Qn such claam�
disp►�te •
• t other matte It..g! est Qh w�glc to bak ed b tbc
atatute ofimttat?.on�,
Tho award rohdafed;b tha arbit ratbts shall: be riha, and,.jiidc fit` a
be 'ehtatetI ih detat tahcg witti a � licabie law bet ha3iiht ,
ju isciic ioh thti oEi
'tho LC?i1 UrLdT trail design ail �i taedts of this pxojedt i cohpliahce ti1h the
ticridah• St.thdrfld Specifieatiohs tot Ma1 ihcJ t3uiidin4S atd E'ao.itit es Acc ssib e
and Usablc •b the Fhysically 1tandicapt)ed i:" 4 Utdber %411 t 1=196i, as modified
(4i cI'R 101-17,103j
5T CTiO
ON_ utS6M1MNTfOU
'I'tie CONSULTANT ajtees.that' there, sha11 be„ho d scriiination as to races.color,
creed. or Rational origin,_in regard to the CONSULTel1T�5 obligatioh5, wort and
servides.performed under the m ters.of this tgreemoht.
S CTTOt . XI:i. CONST12t, CTIO�1 •O ' GR1 1 FNT
All parties hereto agree that thisAgree.nent shall be: construed and enforced;
according`to the laws, statutes and ',Case ,laW; of the. State of Florida
'IN WITNESS lintREOF, the parties hereto have, through their proper corporate
officials, executed this Agreement, the day and 'ear first above set forth:
CON ULTANT.
, Attest
Attes.4
AtteS
THE CITY OF MIAMI
(a.- municipal corp ration of.
the :State' of F1oda)
APPROVED APPROVED AS TO CONTM1T
Director, Dept, of Park and' 13ecreation
r7
'I4recta ', 1•A / nIl g' Pop4r°tment,
F' ?:IROV. p ":115 T4 'Oljt _M1�':COl4OTV1 S.S
(Seal)
atCttIFVthatOK: thi
�,.,' aPf
rear 8haii attoate .� . d
tes iectiV 1
ait also fatioit Uh et t;e laws of tie State of '
to �3e the pef sohs who 5icfiei the foecoiic:. i%5ttilehts as till rsfio ers_:and
severa11 a khow1 d edthe eiecttioh.thereo to.he their `free"'aet;and dad
ee
as stioh officers- foie the tiles and purposes .theeih- tnehtiohed and that they
affied'thereto;the official seat of said assbeiatiohf and that the said
iristitufieht'is the act;and deed ''of said association.
WITN SS my Yiand and official seal at .:... -•�'•+ !
•i.n the County of `. d._., .__ and State of ��lr ► the day and' year
last afotresaide
K}'dat on tiisd t9f
'SpectiVely,i of'
'ah asscfciatioli' tndet thy, laws of the State. of ,_m �,.,; I to `brie' kfibWf
to e 'tie Iici:`son0: who` sighed the fiii^et oih4 insti tiMetits as,; siich ' ' officets;and
seVetall
" y a cki1t)'Witded theeRecution 'theteo£ to°fie theirfree �act and deed
Assuch officers for the rises and plirposet theteih inehtioned and that they
affiked thereto the official. seal of said abusociationand that the said
ihsttumeht is the act and deed of said association,'
WITLESS my hand and of f cial seal- at �: `ji3t.?-tt�.� _
the. Count and , .t. , ► the da�and
in y of � �i�=+rescy�_...State � iif :� � Y' feat .,
/Notaty Public
(certifyihc ob piiande ..
with Sectioh
:the..,..Char ter,"ot the City
of Mientii
Before ine, the undersigned authority, aUt�horited'to administer oaths and
take acknowledgements, personally appeared `• � ` /%f-e4,-4/.:. _ �: Ic
who after. being `first duly :sworn upon oath, deposes and sa s that to the best.
of his .knowledge and belief no Commissioner, Mayoror other Officer or 'employee
CITY OF ' MIAMI'� .FLORIDA,
of THE � y indirectly, 'n the
is interested, c�irectl or �
profits or emoluments of the contract, job work or.service for THE CITY OF,,
MIAMI:, in 'connection with this agreement,
AND SUBSCRIBED ..T
SWORN O BEFORE 'b1E ,this : l , ,'_ day of , 197
'StAtt OPT FLaizfbA , ,
COU iTY oP bJ DE
1� h ti fiver ait} otite'd to talc � dkii:o llocdyc�i�teht t Eit;Ptth? G-01'.1''f that oh`
da} c5f ► fi iStnal- A, aI4 ared" bot te:Me ,9'dSt;t�it
t�► t:,t"d 801t: and .tt1\Lf'ii GOi'Git,., }:howh, tb mc. t'o ••bo t1ic. City:mahacet ,akd t}ie City
C1crh, revtcctiVcly� of mtit C1'T,`•c7t tt�utf,''a inuhici al corpora"tioh in and under
1aWs of•the' State o
the fo> elcihcjj instrutneht i `and they seVerally aGt`nowledcjed the eteoutioh thereof
lorida, and khbW'n to the to be the persons who ;e.yecutcd:
0 be thoir freeand voluntary act and deed as sUch offices, for the Uses arid
hurt ores therain expressed; and.that the+f affixed thereto, the.,:off dial seal.of
the said rnthicipal corporatioh, a11 by and with the authority of law and of
the City Commigi,ion.'•and that the said instrument ..is the ,free and formal act
said municipal corporation.
=NEES`my hand and bfflciai seal insaid county and state the day, and
year last afore laid.
Notary Public
My' Commission Expires:
3w
•
CF'T"? lt' }cfAS,11 : E i ¢[E~,
INIIA,e5011ett tit At t5t .rtti $
ratste
teharti tat Posrnbefi
ireetor'y Plantitng Departnietit.
it is requested that the City Commission be asked to grant waivers to
Urban Development 12eview $oard members who presently have contracts,
With the City of Iviiaini. The persons requiring this waiver are as follows:
William O'Leary = Landscape Architect - Dixie Park Plan, 46 West Flagler
Mini -Park; Jonathan Seymour Landscape .Architect t. Fort Dallas Park
Plan, Tacolcy-12th .Avenue Park; Willie Borroto Architect - Dinner 1<ey
Auditorium Renovation; Joseph Middlebrooks - Architect - Midtown Planning
Study; Theodore Baker - Landscape Architect- Central Miami Park.
The Urban Development 12eview Board is made up of five membersand two
alternate members. As indicated by the above, five of the seven members
presently
are under contract with the City necessitating this requested waiver
of the conflict of interest ordinance.
Surely, if the members are asked to decide between the two services, they
would promptly resign from the Board, as they serve without compensation.
None of the contracts have a direct or indirect bearing on the types of develop-
ment reviews on which the I3oar'd makes recommendations, and therefore in
our opinion and the opinion of the Board members, no conflict of interest
exists..
The replacement of these members, requires a fairly long process including
nomination by the respective professional "organizations. As there arematters.
pending before the Review Board, with thirty day time limits, the requested
waiver is the most expedient manner to proceed. We do not expect any pro-
blems with the thirty day time limit with the pending projects.
It is requested that this matter be placed on the next City .Conimission' agenda
.
RL.F:ROW:vb: