HomeMy WebLinkAboutR-77-074122
RESOLUTION NO: 77=741
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECTURAL AND ENGINEERING
CONSULTANT SERVICES IN CONNECTION WITH THE
CONSTRUCTION OF THE LITTLE HAVANA COMMUNITY
CENTER TO BE LOCATED AT S.W. FIRST STREET
AND NINTH AVENUE, MIAMI, FLORIDA, WITH THE
FIRM OF BOUTERSE, PEREZ & FABREGAS, WITH
FUNDS TO BE PROVIDED BY THE U.S. DEPARTMENT
OF HOUSING & URBAN DEVELOPMENT, COMMUNITY
?/ U �..���v DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL
RTIVIAMOUNT OF $ 48,000.
UL)(UMENTS
FOLLOW" BE IT RESOLVED gY THE COMMISSION OF THE CITY
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to enter into a professional services agreement for architectural
and engineering consultant services in connection with the con-
struction of the Little Havana Community Center to be located
at S.W. First Street and Ninth Avenue, Miami, Florida, with the
firm of Bouterse, Perez & Fabregas, with funds therefor to be
provided by the U.S. Department of Housing & Urban Development,
Community Development Block Grant Funds, in the total amount'of
$48,000.
PASSED AND ADOPTED 23 day of SEPTEMBER
PREPARED AND APPROVED BY:
ROBERT F. CLARK, ASSISTANT CITY
MAURICE A. FERRE
MAURICE A. FERRE, MAY 0 R
ATTOPNEY
APPROVED AS TO FORM AND CORRECTNESS:
GE F. KNOX, JR., CIRNEY
44DOCUMENT INDEX
ITEM NO..9
CITY COMMISSION
MEETING OF
SEP2 3 1977
RESOLUTION Ili
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'
flI6 AGEEhMEN'n t made thIS day at
y 4 a 4
bY.::and between THE CITY OP mrAmi, a Municipal•CorOoratiOn of
the
State oT Florida, hereinafter called CITY and BOUTERSE, PEREZ
FABREGAS, hereinafter called PRINCIPAL.
WITNESSETH
THAT WHEREAS, the CITY proposes to construct The Little—,
llavana Community Center at S.W. 1 Street and S.W. 9 Avenue)
hereinafter called PROJECT; and
WHEREAS, the CITY has programed approximately $900,000.00
from The U.S. Department of Housing & Urban Development to
finance the construction, the professional fee and other expenses
of the PROJECT; and
WHEREAS, the CITY desires to engage an architectural
engineering firm to render the necessary professional and
technical services hereinafter called WORK for the planning,
desiim and construction consultation of the PROJECT upon the
terms, conditions and provisions hereinafter set forth; and
WHEREAS, the Commission of the City of Miami has authorized
the CITY MANAGER to prepare invitation proposals for architectural -
engineering services in accordance with State Laws for the Little
Havana Cormaunity Center; further directing the CITY MANAGER to
receive said proposals and submit his findings to the City
Commission for its considerations; and
WHEREAS, the Commission of the City of Miami by Motion No,
77-689 adopted September 8, 1977, selected the firm of BOUTERSE,
PEREZ & FAMEGA3 and authorized and directed the CITY MANAGER to
negotiate an Agreement with said firm for the professional and
technical services required for the PROJECT; and
NOW, THEREPORE, the CITY and the PRINCIPAL for the considera-
tions hereinafter set forth, agree and covenant, one unto the
otfier as fellows; r, "71% .n:
EIN
FOLLOW"
7 4 1
a
schedule that must be met and will therefore proceed with all
�-
1i i,i..'once t0 carry out; the WoHil to :net such requirements. The
PhINCIPAL shall proceed with all applicable dispatch in a sound,
economical, efficient and professional manner, including prepara-
tion of phased or incremental bidding document:; for construction
a;; is necessary to insure the compliance with they Federal Grant
provisions, and that the provisions of all applicable Federal,
State and Local Laws will be met; and
B. The FHIIIC1PAL shall perform the professional and technical
services as hereinafter set forth and in general accordance with,
the instructions of the CITY, and the requirements of the U.S.
Department of Housing and Urban Development; and
C. The CITY has budgeted the amount of $900,000.00 for the
total project ccst of the Little Havana Community Center with Site
Development. This amount includes the following:
1. $836,600.00 for the construction of the Little Havana
Community Center with Site Development to include the
following:
Site development of approximately 2.56 acres.
Community Center Building approximately 20,000
square feet.
Landscaping.
Plaza Decl•:.
Art work: i3j% of construction coat.
Building demolition and clearing.
Parking facilities.
u LUMP SUM FEE for the selected architectural -
engineering firm providing the required professional
and architectural services; and
Built in Furniture and Furnishings,
All teats required for the PROJECT,
1
:e.. the (+ 1 TY t oi' Lll t .; {tl.iT'pO Fe 1 it1 1
t✓.`• The C r`F agrees to pay and the PRINCIPAL agrees to
aeet:pt as payment in full i`or all the professional and technical
serVtCes rendered, as outlined ih SECTION III - PROFESSIOtIAL
SE:RV :CES. hereof the LUMP SUI''l FEE OF
SEC `.,_i_O%•I II - DEFINITIONS
CITY - is hereby defined as the City of Miami, Florida.
A.
B. CITY MANAGER - is hereby defined as the City Manager of
CI`I'Y.
C. DIRECTOR - is hereby defined as the
Department of Public Works of the CITY.
D. PRINCIPAL - is hereby defined as BOUT? RSE, PEREZ
FAEREGAS.
i, PROJECT - is hereby defined as the construction of
Lit:.le 1{avana Community Center 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 initheil
Ordinance. It shall be incumbent on the PRINICIPAL, however to
make every effort to have the art work included as a basic part
of the PROJECT.
G. WORK - is hereby defined as all the prot'essiotlal and
technical services to be rendered or provided by the PRINCIPAL
for the PROJECT as described in SECTION III - PROFESSIONAL
SERVICES hereof .
}{COII,`.iTRUCTION COST - is hereby defined as the total final
(onstructtcn contract cost of the PROJECT to the CITY but it
not induce any PRINCIPAL'.: fees or special consultant's
V any survey, .e.Gal; finance, administrative or
" SL17 O"TIVE
DOCUMENTS
FOLLOW"
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dd. t. 1irttY
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4'; th(2 ai,jauht: or ,fttotte9::
2 r`111 agrees pay an,..1 t. p 1 AIarIrtl..?t; to accept act
in run .t4ots all. the 'pr,ot'e:-,c..;ionril and technical
t*eciciei'e(.1 by tilt' PRItICIt'AI., 1)ut's;uant to this Ag,reerne,nt, to cortiplete
the WORK as further defined in SECTION III - PRoVESSIONAL SERVIC88
.. •••• ,.... _....• ...,,,...., : ..:-. • .....
.' ...'..'*..,.'-'•:J.. 'PROJECT'COORDINATOR - is'.,he're,y..cle.T..,ined as the • PROJECT
,,.......:.,•,.....:::,,...„........,,:.,...„,.....„ .•...: . -.,,,,,,,,,,,,...
cOO'rdinator--for the CITY
SECTICN III - PRoFEsS TONAL SERVICES
The PRINCIPAL In close coordination with the CITY shall
perform the following professional and technical services
.orr,prising the WORK and shall be fully responsible for all
prefessional and technical aspects thereof. The CITY 'S review
and approVal of the WORK will relate only to overall compliance
with the generaI 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 re'l ieve the PRINCIPAL from
any duties ov reSponsibilities Under the terms of this Agreement
and from us.tnr the highest architectural and engineering services
and practices.
The PRINCIPAL shall, in theHpreparation of Plans and
Specifications, and an Site inspection, comply with all Federal,
State and Local Codes, Ordinances and regulations pertaining to
the design and construction of the PROJECT. Attention is invited
to the Federal Wage -Hour Law, Welch -Healy Act, The Occupational
rot y and Hea It h Act, The National Envivomental Policy Act and
Equal Opportun tty Legi slat 1 on and U , Department of Housing &
Nrhan Development requirements.
A. SCHEMATIC DESTON PHASE
DUrin.: the Schematic De;3ign upon written
:t to4 t fm t cITY 141111/W41, the PIONcIPAL 41141;
Cori3uLt with the CIT`? to at.cert tin €hc 1 Ogttirt,c1Uri s
of 'tf e i'tROJti;C`t' and shall ci �h0.1 iirt such requl em,v=tits With the C7'T'
and
Develop and establish the criteria rot
the •PROJECP5
c:otldu; t investigations and make recommendations in writing;
relative to the location, scope) design) i 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
4. 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/or Zoning Boards 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
7'. Be adequately prepared to, and made presentations
to community representative from the Little Havana Community
Development Target Area as required.
The Schematic Design Phase shall be considered completed
when the CITY has approved and accepted this Phase as originally
presented or whon revised as directed by the CITY.
I3 DESIGN DEVELOPMENT PHASE
During the Design Development Pha:te, upon
written
u.uti►opiV.ation from the CITY MANAGER. and in accordance with all
tiae approved and accepted parts of the Schematic Design Phase,
th PRINCIPAL ;311a11 ;
"5U �''ORT1VE
- pOCUMENTS
.� t�LOW
t'ot)aI;.-". Itc r)L�t f,Et De��ietilo ? 1t)ht I)o f.111C'fl u cO�l:i �. fri
drawinf,s, and outline spu'c i fications ,
ordeti to fix and illustrate the sisu and character of the
entire PROJECT to its essentials ato location, kinds of material,
type of structure, mechanical and electrical system, utilities
legations attd such other work as may be required; and
. 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 even 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 or 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 PRIIICIPAL'S.
Basic Professional Servic:s at no additional cost to the CITY;.
and
Submit completed Design Development Documents for
approval -of the CITY and make such revisions thereof as required
by.the.CITY; and
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
originally presented or when revised as directed by the City
Commission,
C . CONSTRUCTION I)OCUr•II?rITS PHASE
During the Construction Documents Please, upon written
aUth4tri.ation from the CITY D1ANAGER., and in accordance with ai- .
tl x: .tppr'oved and accepted part of the Design Development Phase
t la .t11lICIPAL ball.
C'fC.'p:11e ai.l:C unZ
if'tS if .i4:'at f.o`ii:i i1Fid oiht:r' `cf.int!':tct doCtlr:itfFit:s r, fc'` 1t ;�_nr'ra1
condi t ionu _ or
suppleMentary -g eneral coedit 1 otl i,
These are to be in cotlforrrancc: .d th all applicable
Federal, State and Local Laws and Codes and will include such.
Ito ins as the working drawings and specification- 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 CITY' S approval thereof; and
3. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost which may be indicated
changes in scope, design, requirements, market conditions
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
subject matter, and the CITY will rely on it as a reasonable
appr'oximation of bids to be received,
5. See that all construction contract plans and
specifications (a;rking drawings and specifications) are of
standard rd size approved by the DIRECTOR and bear the seal of either
a Florida registered professional architect or engineer and that
the. flames of professionals responsible for major problems of each
separate specialty of the WORE appear on this construction contract
and specifications; and
"..: U??3RTIVE
UOCUME.MTS
LLCM"
1.14
heft
Stem POP thc� PROJECT :;hall
proVide d t'rrfti.free cool initA
unifettn temperatures and low oC�er'a :ion and maintenance cots
therefore the PR1r1CIPAL shall provide the services of a
professional with the experience and capability of designing
such a system; and
i. t
7,
shall be
Because of the CITY'S concern for energy conservation
fully understood that the PRIN•ICIPAL pay particular
attention to designing all of the energy systems required for
the PROJECT with emphasis toward: conserving energy. Particular
attention will be focused on the different uses of the PROJECT
and the different demands for air ventilation, lighting, hot
water generation, etc., as practicable within the budget and
tirne restraints for design placed on the facility by the Federal
funding involved; and
8. Submit the completed construction contract plans
specifications to the CITY for a complete and detailed review''
approval; and
9. Conduct all necessary dry -run cheeks 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 PRIIICIPAL of any
responsibilities; and
10. Deliver to the CITY the completed master set of
construction contract plans and specifications and other related
I its of the Construction Contract including; the F31d Proposal,
ip ueh reproducible form 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 fQr.
the. -construction or the PROJECT,
tCPI`ii.I • rAgit
:Prepare any ad i ti{h. h to ti;*Yltl
o1. tik.�i-�+ ffia t.o1a1 as required S and Ju Utnit orlYa na1. olx 'e alih to the
Dm(.!+i'O1 aptwovat and signature after which' the DIRECTOR Will
fut tiSh. a copy for each set of contract documents prepared; and
2. Review the bids and tnake recommendations to the CITY
MANACIER 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
protpective bidders as required.
E. CONSTRUCTION PHASE
The Construction Phase will commence with the award o:
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
and quality of the WORK and to determine
himself with the progress
that -the WORK is proceeding in accordance with the Contract
Documents; and
2. Designate one person mutually acceptable both to
the PRINCIPAL and the CITY MANAGER as project representative to
coordinate PRINCIPAL'S construction phase responsibilities in
accordance with the Contract Documents and to exercise all
reasonable diligence and care in order to safeguard the CITY
against all defects and deficiencies in the construction of the
•
PROJECT, and to serve as liaison with the Contractor and the CITY
and maintain relationship with the Contractor and Subcontractors
on the job only through the City Project Coordinator; and
3, Utilizing the Critical Path Method (PERT), assist the
Contractor in establishing a schedule for construction and make
Pecommendations on all matters relating to the execution and
ProCvu,ss of the constract oU to the
extent provided by the contract j
ISU??511
\IE
0°CVES\I-CS 0\1111.
bet
• ttiohLlrlf•wr
ten ProE;I'`05U Ri.t:urt i 'ot' the a t!.1:i1 pro t'L?Su of tl1C
WORK and the t)roress required to adhere to the Critical Path
Con
C Il
t•i ia'>
Conslder�, eval.iiite and make "recOmmeildationu•to th'e ;
review-of..any suggestions or modifications which
aright be submitted by the Contractor for his approval; do not.
authorize deviation from the Contract Documents without fir
notifying the CITY and the Surety; and
5. Assist the Contractor and CITY 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
6. Furnish any additional details or information when
red at the job site for proper execution of the work;
and
7. Make written recommendations for the CITY'S review
concurrence for such thins as nral;erlal and equipment, changes
extra work orders and supplemental agreements; these
e.is and concurrence shall not relieve the PRINCIPAL of any
responsibilities as specified under the terms of this Agreement;
and
Check and approve' shop and working drawings, samples
and other submissions furnished by the Contractor; to prohibit
the` installation of any material and equipment for which shop
drawings
retain a
are required unless such drawing has been duly approved;.•
copy of all shop and working drawings, duly approved by
the PRINCIPAL, for permanent CITY records; and
9. Review results of all required testing necessary
f'orf Uie PROJECT including core borings, test pits, structural,
mechanical, chemical, soils, mill and laboratory tests, inspections
an4 reports required by law or the Contract Documents; retain a
col?y of all test i'eu.its for his records; see that all tests
rccuired by the Contract Documents are actually •conducted; and
irl:l)QCt a;d approve all testing; aids
c,thtp1' !'l;llch.. ato r�.'rltiIree to .be 1xurni.
at'
Sattl lt2. and 'notify the CITY of hiS approval or rejection and
maintail du:;Lod; o tapp ov<.d :;Lurij .00; and
11'z Check and approve the Contractor's construction
schedule be alert to the completion date 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
12. After substantial completion, make a list of items
for correction before final inspection, and check each item as
it is corrected; and
13. The PRINCIPAL and the Contractor are expected to
turn over to the CITY 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 i.l'e entire PROJECT or such
portions may not have expired, but such taking possession and use
shall not be deemed an acceptance of any work not completed and
it shall in no way relieve the PRINCIPAL of any of his responsi-
bilities under the terms of this Agreement; and
14. Maintain orderly files for (1) correspondence, (2)
reports of Job conferences, (3) shop drawings and (4) reproductions
of original Contract Documents including all addenda, change orders
and additional drawings issued subsequent to the aware of the
Contract; and
15, Upon request by the CITY PROJECT COORDINATOR, attend
and rvpOrt to tho CITY on all required eonference;.s held at the
Jot ,31tt; and
e i '! i 1 r ' whom;
e
t �cnr.3 �ita.t.�t�r�_..�.1�TLa and t'f �ttr v,t,r�rri3 examine said
"SUPPORTIVE
DOCUMENTS
•
■
1
and Maintenance U }L yre t Doti t.lan!l'tl.:i and Ku itti
. e.h dui ei and at the acceptanee of the i'IYnJi':C'i', Verify cotnt)letnee
thismaterial to the 'CITY PROJECT CCCRI'1 t1A'PJ1 ; and
I t k ieW the (:oti:;tt'uction Cootttt"tctoi"'t:; RttqUisition
t`ot' determine the amounts owing under the Construction
Coutt'act, and issue to the. CITY Certification t"oir Payments under
such atttounts; and
18. 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 Phase; copies of all shop and work drawings,
duly approved by the PRINCIPAL and copies of all tests results.
At the completion of construction of the PROJECT, the
PRINCIPAL shall deliver to the CITY written certification that
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.
The Construction Phase shall be complete when the
PRINCIPAL has delivered the aforesaid certificates including
s built" plans, etc., to the CITY; and the City Commission has
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 PRIIICIPAL'S CONSTRUCTION PHASE COORDINATOR, an additional
person to act as the PRINCIPAL'S representative in his absence.
SECTION 1V - CT`1'Y ' S SERVICES AND RESPOt'ISIBILITTI:S
'T`he CITY shall furnish the PRINCIPAL with the following
,,evicts and information from existing CTTY records and CITY V1.1 ;
tf S i tiir ,t►._ f <1' .6 i 1. T=•y
ChL t�I r ..,iaLi >Ir��ILL Intf:� t�Lxti'oir trt:2itlli��y:
IIIeMon .x for tll? PROJECT,
ri .. CITY
+ : 4 ri
the CIT 'shall furnish nish a Ci,rti.fik°d tsar i .1u`
e as ,applicable) grades and linos or streets) alleys)
E)avt
neht s and adjoining property, right of way) restrictions,
bot nd;iries and contours of the site, lout: i.on; , dimensions and
data from exist.in6. records on fileiri 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 PRINCIPAL observes or has been notified in
writing of any fault or defect in the PROJECT or nonconformance
With the Contract Document;, prompt written notice thereof
given to the PROJECT COORDINATOR.
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.
E. The CITY shall appoint a PROJECT COORDINATOR to act as
son between CITY and PRINCIPAL.
F. The CITY shall furnish all required testing necessary
for the PROJECT including core borings, test pits, structural,
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 accuracy, completeness and competence thereof.
G. The CITY reserve: the right to retain the services of
Professional Quantity Surveyor to prepare Detailed Construction
Co.. t Estimates based upon the Design Development Documents and
the Construction Documents.
SECTION V - COMPFTJSATI.ON FOR SERVICES
Igor` professional and technical services for the Schematic
Design Phase, Design Development Phase, Bidding Phase, Construction
iiu,urnent
Phase and Construction
Phase of the PROJECT, as outlined
"SUPPORTIVE
DOCUMENTS
FOLLOW'
E•
t tl °z i�f rt� OU ill 4>-*)8.11,10A.L
SerfiL0S of d. I' OS 1dent i.tlt, :t:ctor.s Or -Other quf�tlii'.teci ' 1)er)c)nhe
the C t? aLree3 to pay) and the PRINCIPAL agrees to adcer)t s au a
full paytuflit for his serv.ict?:, the LUMP SUM PEEOF
.1;
This LU:•IP SUM PEE 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
SECTION VT - SCHEDULE OF WORK
The PRINCIPAL and the CITY agrees that time is of the essence
in the achievement of the PROJECT and further agrees to execute
their respective responsibilities promptly and diligently. The
PRINCIPAL agrees to execute the professional and technical services
promptly and diligently and only upon and In strict conformance
with specific authorization from the CITY MANAGER or his DESIGNEE,
in writing. It is understood and agreed by both parties that the
following schedule for the WORK will be strictly followed by the•
PRINCIPAL.
A. SCHEMATIC DE IGN PRASE
The Schematic Design Phase shall be delivered to the
CITY MANAGER within two (2) weeks of receipt of written authors a —
Lion from CITY MANAGER to commence work on this phase.
B. DEL:IG 1 DEVELOPMENT I'EEA:,E
The + S*zmm Design Development Phase shall be delivered for
review and approval by the CITY MANAGER within two (2) weeks of
4
receipt of written auWlori7,ation to commence word on this ptl4se,
The Construction bocnMet ti
the CITY r1A ;AiEti on
Phase shrill commence after having
to ptcCeed from the CITY MANAGER '
Development Phase.
1 RTI)DING PIIAS
E
The Bidding Phase for
a►,t e•verrrbe4 1977, and is projected
for Const 'uc t to shall
9 oVetnf of 19'f'f , Work on this
received written authorization
at thecomp completion of the Design
days.
Construction ohall cotnmence on
ted to require twenty (20) calendar
SECTION VTI - ADDITIONAL WORK AUTHORIZED BY THE CITY
--A. The CITY reserves the right to increase the scope and
amount of the construction contract by directly authorizing the
Contractor to do extra or additional work without requiring the
technical services.
B. The PRINCIPAL is to furnish landscaping and interior
services which are normally a part of his contract
PRINCIPAL to furnish professional or
desi.;n
documents and specifications, as part of his basic services'
within the stipulated LUMP SUM FEE.
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at
any time prior to completion of the WORK without penalty to the
CITY. In that event termination of this Agreement shall be in
writing to the PRINCIPAL and the PRINCIPAL shall be paid for his
services rendered in each 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 PLEASE, then the PRINCIPAL shall be
pu.d at the rate of two and one-half (21,) times Direct Technical
2a14r'y Expense for those service; rendered in such incomplete
PHASE proviged that the PRINCIPAL is not in default under, the
temp of t:h p Agreement, Ill no case., however, will the CITY pay
�E f.^ 1 i\
Fvf"
OLLO'
•
the i f 1 i I °rid ': [ I'`Uater itiount trot L
woad haVe been Paid had the t;c:mi►iatiOn been Made at
completion of this PHASE.
In the event of terrntnation, all documents) plans) etc,,1 I'b
set tct'th in SECTION XI - OWNER2H1P OV DOCUMENT shall be:cotne the
property of the CITY, with the same pt'ovi3ions of use as set
forth in said SECTION YI.
SECTION TX - PRINCIPAL'S ,SPECIALIST
The PRINCIPAL proposes to have the following specialists,
either from his organization or as his consultants or associates,
to perform the services indicated:
A. Architectural
Structural
C. Civil
• Mechanical
. Electrical
F. Air Conditioning
• Landscaping
• Interior Design'
• Planner
▪ Special Service Facilities
'K. Acoustical
The PRINCIPAL will be responsible
13.
for all the WORK of his
own organization, and of his consultants or associates. Nothing
contained in this Agreement shall create any contractual relation
between any of the specialist working for the PRINCIPAL and the
CITY. It shall be understood that the PRINCIPAL is 1n no way
relieved of any responsibility under the terms of this Agreement
by virtue of any other professional who may as8ociate with him
In performinE the WORK,
ECT1ON X - ADD1.":'IOIIAL PROFI?:2IONAL RESP.A"II:TLITIES
The followinc professional services and work by the PRINCIPAL
sh411 not be considered extra services but on the contrary Phan.
La con .tiered part of the WORK of the PRINCIPAL:
16
.
o the Con truct.toti i ocumeht:. ► hz �v 3Y►] ConOtriattlutt
pia ztnd Specifications to reduce the Cost rJt Con tt`uctI,-:tl or
the PIOJE►;'t to the final bttci, eted or CITY approved amount Poi the
con 3ttiuct ion o1the PROJECT, it' the atnouut of the lowest acceptable
bid received by the CITY for the construction of tie PROJECT i
in excess of the final amount budgeted or approved for the cost
the construction contract of the PROJECT.
Any other revisions suggested by the CITY that are within
cope of the WORK before the Design Development Documents
ine Specifications are approved by the CITY.
SECTION XI OWNERSHIP OF DOCUMENTS
All tracings, )•�
,lans drawings, specifications, field book8,
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 on their
It is further stipulated that all information developed as
a part of the PROJECT shall not be used by the PRINCIPAL without
written consent of the CITY.
It is further understood by and between the parties that any
information, maps, contract documents, reports, tracings, plans
drawings, specifications, books or any other matter whatsoever
which is given by the CITY to the PRINCIPAL pursuant to this
Agreement shall at all times remain the property of the CITY and
shall
not be used by the
PRINCIPAL for any other purpose whatso-
evor without the written consent of the CITY.
It is further understood that no press releases or publicity
be issued by the PRINCIPAL without prior submittal to the
CITY and written approval from the CITY.
SECTION XI I - AWARD OF AGREEMENT
The PRIICIPAL warrants that he has not employes or retained
;:any eoinpany or persona to solicit or secure this Agreement that
he
has not pai.ct or agreed to pay any company or person any fee,
7
"SUPPORTIVE
U.� ;CUMENTS
FOLLOW".
ME
coM
,;on; ieatiOnS Cutlti tl!"t'ttt Upon•o
tn;rkin 'of
t h i 8 At vo' moist a
The. Pk[tlt'`I I'AL also Warr int,� that to the best, of` hi knOWledge
and I:elief` no C.;tnrnis sionc!r, Mayor or other officer or einl)loyee
cif'' itIie CITY is interested directly or indirectly in the profits
or Lrnuluments of this Agreement
or the job, Work, or services
for the CITY in connection with the contract or construction 0
this PROJECT:
The PRINCIPAL shall hot engage during the period of this
Agreement the services of any professional or technical person
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 PRINCIPAL is aware of the conflict of interest laws of
both the City of Miami and Dade County, Florida, and agrees that
he shall fully comply in all respects with the terms of said laws.
SECTION XIIT - EXTENT OF AGREEMENT
This Agreinent represents the entire and 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 XTV - LUCCES2ORS AND AS:^IGUS
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 bo binding upon the parties hereto, their
heirs, executors, legal representative, successors and assigns,
PC'1'ION XV , `I'NU'PII TN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other
factual unit costs :supporting the egmpensat .on are aeeurai eo.
oi'ir in.r.1. :ot1Li:i t price and an;i addition:; thuv to '-hall
:.tdutt
the iyC7tltt`il t I1
or nowecuveont
eU to C:.el.ude any s- r,nl f ic:lnt sum where the Ct'1'Y dcter11h
r.i.co was increased Clue to ifaecur:ate, incomplete
wage rate and other factual unit cost. :uch
adju_%tMents must be made within one year following the end
the contract.
'E TTON CVT - R1:rliT TO AUDIT.
The CITY reserves the right
PRINCIPAL any time during the prosecution of this Agreement and
•for a period of one year after final payment is made under this
Agreement.
Notwithstanding any other provision of this Agreement, in
no event shall the payment of the LUMP SUI.1 FEE under SECTION V
herein, enable the PRINCIPAL to earn a profit or more than TWENTY
(205) PERCENT of that LUMP SUM FEE. At the time the final increment
of that LUMP SUM FEE is due to be paid by the CITY to the PRINCIPAL
pursuant to the terms of SECTION V herein, the PRINCIPAL shall
submit to the CITY a certification of his total costs incurred
and profits, realized in providing the basic services as outlined
in SECTION III herein. If such certification indicates
in excess of the maximum set forth above, the PRINCIPAL
simultaneously remit any overate to the CITY. The CITY
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.
profits
shall
reserves
In calculating the total costs incurred by the PRINCIPAL'S
own staff, the PRINCIPAL shall use a percentage overhead applied
the DIRECT TI•:CIIJIICAL SALARY EXPENSE as defined in SECTION II
1)EPTNITIUNS herein. The percentage overhead shall be equal to
the actual percentage overhead pei'tainiw! for all of the PRINCIPALS
work in Li;o last twelve (12) month period preceding the date of
this Contract for which data is available. All services provided
Ly subcontractors to the PRINCIPAL shall be included at the actual
tite PIUIICIPAL
41-T Iy
and thu percerfy e overhead shall not
upf--).nr)
QLL®wITS„
19-
£'}ti;}C Cf'AL uhall t
has obtained all i tt:;urranc,.• required Uti
inour'1.nct:' has been tl a1:}?r'uvc':I by the CITY.
The PRINCIPAL shall indemnify and save
any and all claims, liability, losses and causes of actions
which may arise out of the PRINCIPAL'S operation of this Agreement.
The PRIUCIFAL shall pay all claims and losses of any nature
whatsoeVer in connection therewith and shall defend all suits, in
thenatne of the CITY when applicable, and shall pay all costs and
judgements which may issue thereon.
The PRINCIPAL shall maintain during the term of this Agreement
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 $300,000.00 per occurrence.
C. Professional Liability Insurance in a minimum amount
S1,000,000.00 covering all liability arising out of the terms of
Agreement.
U. Employers Liability Insurance in amounts as indicated
paragraph "A" above.
Workmman' s Compensation Insurancc in the
statutory amounts.
The insurance coverage required shall include those classifi-
cations as listed in standard liability insurance manuals, which
Most nearly reflect the operations of the PRIflCIPAL.
All insurance policies :,hall be issued by companies authorised
to do business under the laws of the State of Florida; and which
at+e approved according to specifications or the Property Manager
or the
CITY
11 riiucrniu shall f4rnis#1 certi 'icatea of insurance to the
CITY Jp to the commencement of o erat,iorts, which eex'tlf cates
■
alaladqVals
iv
in
cam
lj.Inc]tc:�trc t}}t:1L t.lt�� �'}t�fift� I.':'IG tiao
ob .t i'ttr d ittr;►t ?
t.h'; t.Yrt1 amount an l c 1a3:3 } f i.cat ion: a' °'J t A it'r'd iol' ut ri
c with this section _and that no ma evial ch.►nte or
}�liatic
1rl.i 'r.11'IL i.:�t1 of the insurance shall. be eff tive, without the
�J,
ttiirt. / (3i)) days-wr}Lt n notice to the CITY
Compliance with the foregoinf requirements shall not
the 'RI NCIPAL of his liability and obligations under this
oi, under any portion of this Agreement.
SEC'I'TON XVTII RIGHT OF I)ECT;,IOiL$
All services shall be performed by ttie 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 of 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 final,
conclusive and binding, upon the parties hereto, unless such
determination is clearly arbitrary or unreasonable. In the event
t PRINCIPAL does not concur in the judl,ement of the DIRECTOR
to any decision made by him, the PRINCIPAL shall present his
written objections to the CITY I'•1ANAGER; 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 mit;ht become necessary or be deemed desirable as the
WORK progresses shall be reviewed by the DIRECTOR and the CITY
MAIIAGER and submitted to the City Commission for approval.
;;ECTIOIJ XIX - IIrf-L)I;;CRTMINATION
A. The PRINCIPAL will not, discriminate against
or applicant for employment because of
or natural. origin, The PRINCIPAL will
any omployee
race, color, religion, sex,
take affirmative action to
enpur e that applicants are employed, and the employees are treated
Our'employment without regard to their race, color, religion,
DOCUMENTS
FOLLOW".
•
tan!'t
tl rt a1 I It 1 Lin"' 3 bu do 4
LL Co I :u I i). ylrient ) ut:F;r:t .: t7F
recruitment or vE.crui.Lt nt adVert : in ; layot'i` or
termination; rates oe pay tit' other fcoMc of compensation; and
5�.1 ,ion t'ot' tvainini:;, trwiudlng apprenttceshlp: The PRINCTI'A
agrees •to poet in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Personnel
Officor setting forth the provisionb:of this Equal Opportunity
Clause,
B. The PRINCIPAL will, in all 'solicitations or advertise-
ments for employees placed by or on behalf of the PRINCIPAL, state
that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or
national origin.
C. The PRINCIPAL understands and agrees that the work to
performed under this Contract is a project under direct Federal
financial assistance from the U.S. Department of housing & Urban
Development 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 Usable by the Physically handicapped" and will comply with
Title VI and Ti tle VII of the Civil Rights Act of 1964 as amended
and specifically the requirements of the Department of IIousing &
Urban Ueveiopment and any amendments thereto as well as the
Conditions in the Grant Agreement for the Community Deve1opment
h1,oak Grant P'vogram,
w�{h the B4tcb
9mG y./eeA a bl jdle, }v{§/ /fie\(
(\S--\he [2Vmdlt oe {eeva!\±\} wa§6.ratf
!%!t !d by the
votar/ oC tabs',
/\/Ztfco! 'flIWTTO§ OP \GREEMOT
'The parties hereto agree that this Af,o,reeffient shall be con trUed
a E // oreed adeoy2In to the laws) Statutes and case lawlaf the
2tato or Florida:
I� WITNESS WHEREOF the parties hereto have individually and
t 'o h their proper corporate officials, executed this Agreement,
the day and year rirst above Get forth.
tJ• abea
.BOUTERSE PEREZ & PABREG\S
/AJ TO FORT & CONhO2TNESS