HomeMy WebLinkAboutR-77-0783'GEORGy
RESOLUTION NO.
RESOLUTION AUTHORIZING TIIE CITY MANAGER
TO ENTER INTO THE ATTACHED AGREEMENT WITH
PANCOAST BORELLI ALBAISA ARCHITECT, PA, WITH
FUNDS THEREFORE TO COME FROM THE UNITED STATES
DEPARTMENT COMMERCE ECONOMIC DEVELOPMENT
ADMINISTRATION AND FROM THE FIRE DEPARTMENT
CAPITAL IMPROVEMENT FUND, IN AN AMOUNT NOT TO
EXCEED $255,933.00.
WHEREAS, the City proposes to construct an Administration
funding, located on Block No. 95N, Lots 5 through 16, bounded on
the south by NW 2nd Street, on the west by NW 3rd Avenue and on
the North by NW 3rd Street, comprising an area of about 2.00
acres, which Administration Building will house the administrative
offices of the City; and
WHEREAS, as the City Commission, by Reso lution No. 77-726,
adopted September 8, 1977, selected the firm of Pancoast Borelli
Albaisa, PA., as the firm to provide such services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into an Agreement with Pancoast Borelli Albaisa, Pa., for providing
services upon the terms and conditions set forth in the attached
Agreement, with funds therefor hereby allocated from the United
States Department of Commerce Development Administration and the
Fire Department Capital Improvement Fund.
PASSED AND ADOPTED THIS 13 day ofOctober , 1977.
Maurice A. Ferro
MAURICE A. FERRE, MAYOR
ATTEST:
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
JUDITH HOLLANDER
ASSISTANT CITY ATTORNEY
ffliDVED AS '0 FORM AND CORRECTNESS:
KNOX, JAR . , jCIT ATTORNEY
"DOCUMENT INDEX
ITEM NO
PI
CITY COMMISSION
.MEETING OF
OCT 13 1977
owes
r
3osdph is Grassie
City Manager
Charles L. Crumpton
Assistant City Manager
tc. tober 6p 1977
City Administrations Building
Mrehitect Agreement
:F !i
isheby
ution No.
-72
6
Following the procedur�heCitylCommissioneonlSeptember 8,7 1977,
passed and adopted bye
authorizing the City Manager to negotiate a contract with the
architectural firm of Pancoast, Borrelli, Albaisa Architects,
P.A., the enclosed resolution and agreement are hereby provided
for City Commission approval.
g
The agreement covers hWitharchitectural
constructionnofnthelCityoAdminist
services in connection
tration Building, to be located in the "Government Center."
Funds for this project are to be provided by theOU.aS.
d $Department
of Commerce, EDA Public Works Grant of $3,193,
0from the Fire Department
Capital
servicesImprovement
beuadlumphsumofigure
amount for their professional
of $255,933.
and
rfi r.5 : c,iu;EMi.NT made this of ; '1 tcymi�t�r 1 977 A h
between "1iI
h<<iti.ci pa1 Corporation of t hcc State
of Florida, hereinafter caned CITY and PANCOAST
BORELLI AL 3TISA
ARCHITECTS PA, Architects, Engineers, Planners, a Florida
Corporation, hereinafter 'Called the PRINCIPAL.
W ITNESSETH
WHEREAS, the CITY proposes to construct an Administration
Blinding, located on Block No. 95N, Lots 5'through 16, bounded on
the south by NW 2nd Street, on the west by NW 3rd
Avenue and on
the north by NW 3rd Street, comprising an area of about 2.00 acres,
which Administration Building will house the administrative offices
of the CITY, hereinafter called the PROJECT; and
WHEREAS, the CTTY has programmed approximately $3, 193, 000. 00
'from the U.S. Department of Commerce, Economic Development Adminis-
tration and approximately $800,000.00 from the Fire Department
Capital Improvement Fund to finance the construction, the professional
fee and other expenses of the PROJECT; and
WHEREAS, the CITY desires to engage an architectural -engineering
firm to render the necessary professional and technical services,
hereinafter called WORK, for the planning, design and construction
consultation of the PROTECT, upon the terms, conditions and provisions
hereinrIc4-er set forth; and
WHEREAS, the Commission of the City of Miami has authorized the
CITY MANAGER to prepare invitation proposals for architectural -
engineering services for the Administration Building; further
directing the CITY MANAGER to receive said proposals and to submit
his findings to the City Commission for its consideration; and
%•;I1EI2El!S, the Commission of the City of Miami by Motion No.77-726,
adopted September. 8, 1977, selected the firm of PANCOAST BORELLI
AI,BAISA ARCIHITECTS, P.A. , and authorized and directed the CITY MANAGEP
to negotiate an Agreement With said firm for the professional and
tt chnica1 services roquired for the PROJECT; and
NOW, 'i'iiLREr o1U , the CITY
. nc1 the PRINCIPAL for the Con$ideratir)ns
77-783
ete,i a f t.er
agree
The in
1�. The P NCT PAT, i.111C1 la;'he C; - arc rc ru 1. l '. rate; 1 e .'o
i
•chedul c 1.'eiiu i rc i"frrnt and
c
:�ii.Y t:fic.rcforc5_ j�rr,cced with` a11; �i1
jence
to carry but the WOR.R t rcet sUdh rr..(.{u i rome ntS. Thr_ PPP tt d tP/ L
shall proceed with all applicable :i i spa i ih in a sound, econt)In.i al ►
efficient and profcsional manner, includi.nq preparation of phase
or incremental bicidinr3 documents for construction as is necessary
to insure the compliance with the Federal Grant provisions, and
that the provisions of all Applicable Federal, State and Local laws
will be met; and
B. The PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the
tions of the CITY; and
C. The CITY has budgeted the amount of $3,933,00G.00 for the'
total project cost of the Administration Building with Site.
-Development. This amount includes the following:
1. $90,000.00 for demolition work.
$3,199,180.00 for the construction of'the Administration
Building with Site Development to include the following:
Site Development of approximately 2.00 acres.
Administration Building Complex: master plan of
approximately 200,000 square feet.
Phase I of the Administration Building, of approximately
64,000 square feet.
Landscaping.
Plaza.
Tart work: 1. 5 s of construction cost.
Parking facilities within the site.
The LUMP ;,;I9i4 for the selected architectural -engineering firm
providing the required professional and architectural
services,
13u31t- B Furniture and I'ini sh ags,
test required for the PROJECT.,
nripC'ction and administrative ,costs
2
TANCtI?AL :hc11
the
CITY
le ictii t;h,%
PROJECT withil
res1 this purpc,se J and
Thr C rrY ilci r0 s • t:t
,ay and
he fi CIs
t he I'R1NCIPAIs acme. to
atdept,
ayment ti full for .all ptof ion.ii and techntca1serVic'es
rendered, as outlined in SECTION III - PPoFESS IO`!AI, SERVICES,
hereof, the LUMP SUM t'I F. OF TWO III'; DREU FIFTY FIV1'.
IIUNDRED THIRTY THREE E DOLLARS ($255,933.00) ,
SECTION Ti DEFINITIONS
A. CITY = is hereby defined
THOUSAND NINE
as The City of ;Miami, Florida.
CITY MANAGER - is hereby defined
CITY.
DIRECTOR - is hereby defined as the Director of the Public
Department of CITY,
D. PRINCIPAL is hereby defined as Pancoast Borrelli Albaisa
Architects, P.A., of 3370 Mary Street, Coconut Grove, Miami,Florida
33133.
E. PROJECT - is hereby defined as the master plan for
000 square foot Administration Building Complex and the design
as the City Manager of
and construction of Phase I Administration Building of approximately
•64,000 square feet and site development of approximately 2.00 acres.
F. ART WORK - Art Work to be provided based on the scope of
the PROJECT as set forth in the ordinance. It shall be incumbent
On the architect, to make every possible effort to have
the art work included as a basic part of the PROJECT design.
G. WORK - is hereby defined as all the professional and technical
services to be rendered or provided by the PRINCIPAL for the PROJECT,
as described in SECTION III - PROFESSIONAL SERVICES, hereof.
H. CONSTRUCTION COST - is hereby defined as the total final
construction contract cost of the PROJECT to the CITY but it shall
not include any PRINCIPAL'S fees or special consultant's fees or
the cost of any survey, legal, finance, administration or similar
services and land acquisition furnished by the CITY or any cost of
furniture or furnishing or unattached equipment purchased by the
th
,'tieiit I'tl t S.i : 1
1 eil4l0177t1
t ui`tl+.cr 'i+u�finc:'d in :i;C'I'IC)C'i III
tic
PROJECT 1) I k i•;CI'O R
F'i:0J1 CT for the CITY ,
1 :i lit; 1 01) ' c1c?fl iced ilri ',t_i1e I)1 rt'C:t.CS
DIRECT TECBNICAL SAhAR ' EXI:'1;N
`c`ii.c3ht-t.i ne portion of wages And salaries subject to Federal
lncone Tax of the PRINCIPAL'S technical personnel (Principals,
Architects, Engineers, Planners, Designers, Draftsmen, Specifica-
tions Writers and Technicians) engaged di.i'ectly on the PROJECT.
The DIRECT TECHNICAL SALARY EXPENSE charged against the PROJECT
for any personnel., including PRINCIPALS shall not exceed TWENTY
DOLLARS ($20.00) PER HOUR plus payroll burden which is not to
exceed Twenty-eight (28".) percent,
L. ADVANCE PROJECT ANALYSIS - is hereby defined as the report,
entitled "City of :Miami Administration Building, Program Space
Requirements 1977-1985, including Staae One Advance Project Analysis,
dated July 25, 1977, prepared by the City of Miami and Connell
Metcalf & Eddy.
SECTION III - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the CITY shall perform
the following professional and technical services comprising the
WORK and shall be fully responsible for all the professional and
technical aspects thereof. The CITY'S review and approval of the
WORK will relate only to overall compliance with the general
requirements of the PROJECT and whenever the term "Approval by the
City" or like terms is used in this Agreement, the phraseology shall
in -no way relieve the PRINCIPAL from any duties pr responsibilities
uncles the terms of this Agreement and from using the best
architectural and engineering services and practices.
The PRINCIPAL shall, in the preparation of Plans and Speci f i ca-
and in Site Inspection, comply with all Federal., ,sate and
codes, ordinances and regulations pertaining to the design
and con:: tructi.On of the PROJECT,
Attention iS invited to the Federal
al
1'iilcJt -,11 1i3' Lc;ti'i, W,tl sh-11e,lly Act, ,The Occupational Safety c nC
t\Ctt The t=;a tr Tonal rnvi r on ;-eh 1 13a1 i y Act and
Opportunity Legisiat.i('fl
�1c SCii1Ei.'1'E(: 1'1;; 1GN i'HA:41:
During the ;;chomati_e DeSic:;ri i hasel
f r-t m the .CITY MANA(1 11., the PRINCIPAL sha 1 1 . .
l► 1 eVieW Lhe Advance Pro joCt Analysis
rnctints of the PROJECT and shrill cohf i.rrtl sii h reglli relnent5
o the CITY; and
Eiave conferences with the ClTY as to the functional
requirements and environmental considerations (landscaping,
air conditioning, fenestration), structural flexibility,
building security, emergency systems and initial cost
parameters for various functions; and
Develop a master plan for the Administration Building
Complex that will allow for phased construction through
1985 and that will provide for orderly expansion of the
administration offices from approximately 64,000 square
feet to approximately 200,000 square feet without interrup
Lion of CITY services and functions.
For the interior, establish the functional requirements
for accommodation of the public, the type of facility to
:be provided the staff, and the space utilization requirements
typical of each function and interaction between functions;
and
fe4velop and establish the criteria of the PROJECT, make
relationship studies, ascertain the CITY'S requirements,
inspect the building site and discuss with the CITY the
purpose, general plans, scope, design, building program
and construction schedule; and
Based on the mutually agreed upon program the PRINCIPAL
shall prepare Schematic Design Studies consisting of
drawings and other documents illustrating the scale and
relationship of the PROJECT components for approval by
the CITY; and
5ubmi t to the CITY a Statement of Probable Construction
Qst 1)Z ea 04 cu rent are 4 volume and other unit cost,
•
the lboSign
tOti the.2 C I PY, nd 1(.1 r1 td bVth 0 1 TY for he ' PprOted
hd
aCdepted:,::':il:'"--= or the Schematie boSiqn Pn PRINCIPAL ,..thairt
D.csion DeVelopinent Dot.-.tuments Consisting GE planr..!,
eieVatiOns and other drawingS, and outline specifications,
order to fix and illustrate the size and character
f-the entire PROJECT in its essetitials as to location,
kinds of material, type of structure, mechanical and
electrical systems, utilities locations, and such other
works as may be required.
Submit to the CITY an Estimate of PROJECT construction
:cost broken down into major categories. 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. Approval
by the CITY of Schematic Design Studies and/or Design
Development Documents includes approval of the construetion cost estimates submitted therewith only if so stated
in writing by the CITY. If either the Statement of
Probable Construction Cost for the Schematic Design Phase
nr the Estimate of PROJECT Construction Cost for the Design
Development Phase is greater than the CITY BUDGETED AMOUNT
set forth in SECTION I, C herein, the CITY may require the
PRINCIPAL to revise the Schematic Desion Studies and/or
the Design Development Documents as necessary in order to
permit the submission of a revised Estimate of PROJECT
Construction Cost within the CITY BUDGETED AMOUNT as part
-Of the PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no,
adaition in fee to the CITY,
Submit completed Design Development Document$ tberp0: AP
reqUired,
'Odei and Time tC'.hedules#
The PRINCIPAL 1 T shall. nevi :;e the DoS i qn t)eVelop tent Documents
and other documents as directed by the City Commission
The D0siyn Development Phase shall be completed When the CI
approVes and accepts the Design Development Documents.
C : CONSTRUCTION DOCU E:'iT S PHASE
During the Construction Documents Phase, upon written authoa-
ri:ation of the CITY and in accordance with all the approved and
.accepted parts of the Design Development Phase, the PRINCIPAL shall:
1. Prepare all construction contract plans and specifications
and other contract documents, except general conditions or
-supplementary general conditions, for the complete PROJECT.
These documents shall be in conformance with all applicable
state and local laws and codes and shall include such items
as the working drawings and specifications, adequately
setting forth in detail descriptions 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 facility
electrically, mechanically, or structurally) site devel-
opment, connection costs, landscaping, bidding information,
and the special provisions of the Construction Contract,
Bid Proposal, the Construction Contract, and other
Construction Contract Documents.
Revise the construction contract plans and specifications,
and any other written report or written document as
required, to secure the CITY'S approval thereof,
Advise the CITY of and, adjustments to previous estimates
)f PBOJECT conastruction cost which may be indicated by
'he
faK't1t I!`�l:`y i"e'It:?t:{`'fl td(5`::11 Ingo f'.I jr)rf' ( ,i t ')I l4 $ {
ItIt'ttr! x,.;' i'^:I,:te r)f t'idt Jj;i.'.'I('K;itlfi1ttict1()1a
the inf()t';;r7ri t'ito r:::';:'icrtlal. «pinion
ty:ai ioft a )) j_f? l!;: 7Cl 1. t' a n tho 'and t jjK Cr1'[ S'
Will rely -on 1t l:a ii rt?tiuonablc cAippu•o:.:iInat'oh of
5e t'e de ived .
ee that all construction contract plans and specifica'
Lions (working drawings and specifications) bear the seal
either. a Florida registered professional architect or
engineer and that the names of professionals responsible
.,for. major portions of each separate specialty of the WORK
appear on the construction contract plans and specifications.
It is to be fully understood that the air conditioning
`.system for the PROJECT shall provide draft -free air distri-
bution, uniform temperatures and low operation and
maintenance costs. Therefore the PRINCIPAL shall provide
.the services of a professional with the experience and
capability of designing such a system.
Because of the CITY'S concern for energy conservation, it
shall be fully understood that the PRINCIPAL shall pay
particular attention to designing all of the energy systems
required for the PROJECT with emphasis towards conserving
,energy. Particular attention shall be focused on the
different uses of the PROJECT and the different demands
`or air conditioning, lighting, etc.
Sul:bmi t the completed construction contract plans. and
5pecifications to the CITY for a complete and detailed
review and approval,
Cenduet all necessary dry -run checks of the construction
COntr.tCt plan:, and specifications in connection with securing
Lie sii)proval of Inca 01)tai.ninq necessary permits from, 111
e -t1:n4tt".: 1 atgt.i o.dtie ov
the
8
PROJECT': after i_he CITY has . ppio..ed and icceptt
1 t.1 nc3 `.11F' cc)nst_ru t ten c`r nt r act plans and :r)thc'.
ocurt;t'nts, By !,ald aC'c pt:rrr'tC.•e, 'he CITY does
the PRINCIPAL of an`;' i etit onsi bi 1 it. i es,
Del i lrer to true (_`.1'1'Y the coinpl cted master
tion contract plans and specifications and 'other related
of the Construction Contract including the Bid
Proposal, in such reproducible form as may be specified
by the CTTY.
The Construction Document Phase shall be considered completed
the day the CITY executes a ConstructionsContract for the construc-
tion of the PROJECT, but in no case later than ninety (90) days from
the date of delivery by the PRINCIPAL to the CITY of the completed
Construction Contract plans and specifications ready for construc-
tion bids.
D. BIDDING PHASE
1. Prepare any addenda, with accompanying drawings or other
material as required, and submit original of each to the
DIRECTOR for approval and signature after which the
DIRECTOR will furnish
documents prepared.
Assemble and furnish the CITY MANAGER data for publicity
releases.
Take part in pre -bid conferences with CITY and prospective
bidders as required.
The Bidding Phase shall be considered completed on the day the
CITY executes a Construction Contract for the construction of the
PROJECT.
E. CONSTRUCTION PHASE
The Construction Phase shall commence with the award of the
Construction Contract. During the Construction Phase, upon written
authorization
from the
a copy for each set of contract
CITY, the
PRINCIPAL shall:
1, -Make periodic visits to the site to familiarize himself
with the progress and quality of the work to determine
the work i.s proceeding in accordance with the Contract
•
. t, i (
Ctiitiii�J.11 t'fzl,t, 'l{)ic.-•i11t) �rll t.7 ail_ (�.,7n�'t"�3� t7t t f1C1
n t c 'jf)ti only t•hi u' h ,}:y
� lC? C 1T1 in C.`C' ns i t1C_'ri n' and evalua ti nC any sugc S
of mc)cl1.f.i.cat:ions which might be, submitted by the
Contractor for the
Assist the CITY in
;
.nti
CITY' S approval; and
matters relating to the interpretation
f the Contract Documents; and
Furnish anv additional details or information when -
required at the job site for proper execution of the WORT:;
and
;lake written recommendations for the CITY' S review and
:Concurrence for
such things as materials and equipment,
-`methods of construction,
orders, and supplemental
changes in plans, extra work
agreements; these reviews 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; retain a
copy of all shop and working drawings, duly approved by
the PRINCIPAL, for permanent CITY records; and
Review all tests reports required by the Contract Documents
and provide the CITY with written evaluation of such test
reports; and
Witness all tests as may be required by the Contract
Documents and provide
all :such tests; and
Receive samples which
job site; record elate
the CITY with written evaluation of
are required to be furnished at the
received and from '::horn; examine
said samples and notify the CITY of his approval or
t ion and maintain custody of approved samples; and
0
3.'ejec-
After substantial Completion :::-Ike a list. of
1-roCtion Lefore final inst e tion, and Cheek
S it is corrected; and
PRINCIPAT.. and the Contractor are n„
the CI'1"Y a completed FaCi 1 it:y., however, the CITE` shall_
of, and use any
completed
partially Completed portion of the PROJECT, notwithstand-
i.ng the fact that the time for completing the entire
I'ROJECT or such portions may not have expired, but such
taking possession and use shall not be deemed an acceptance
any work not completed and it shall in no way relieve
:the PRINCIPAL of any of his responsibilities under the
terms of this Agreement; and
Upon request by the CITY PROJECT DIRECTOR, attend and.
report to the CITY on all required conferences held at the
job site; and
Assist the CITY in matters relating to the Contractor's
schedules and requests for progress payments; and
During the course of the Work, ensure that all Guarantees,
Certificates, Operation and Maintenance Manuals, Keying
Schedules, Spare Parts and other items that have been
specified in the Contract Documents, have been submitted
and have been approved. Deliver all such items to the
City prior to the date of beneficial occupancy; and
Furnish to the CITY within thirty (30) days after comple-
tion of the Construction Phases 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.
the completion of construction of the PROJECT, the PRINCIPAL
shall.`dcliver to the CITY written certification that the PROJECT has
been constructed in accordance with CITY approved construction plans
and specifications and CI'I'Y approved change orders; and shall furnish
such other written certificates as may be required by laws and
regulations applicable to the PROJECT,
The C'op bttruct on Phacc - ha.l l be compl etc a�hc the
:i.
I i rit' .'ri1 1, i t.i;.;Ttici1. ilia T'.� t�C- } i :`::lr 4ri'l1 1 U t i.>' hi •; i.7iti i i..,t )�'e'
the ty l`I` T` S,ci ril. l I;. ! r,. f ► t: t 't: l i t1 i ritt (h I°i?rt,; I}C`I'
:1ta1 1.
ERV1 C};S-• NO
it e i g a L cs
represonfat
he C:f'I'Y .-ha11 furnish the PI?1:iCIPAt; with the following
and information from existing CITY records and CITY files:
The CITY shall provide information regarding i.t:s knOWn`
'equirements for the PROJECT,
E3y The C1';'Y shall furnish a Certified Land Survey of tie site
giving, as applicable, grades and lines of streets, alleys, pavements
- and adjoining property; right of way, restrictions, easements,
encroachments, zoning, rieed restrictions, boundaries and contour.S
of the• site; locations, dimensions and data from existing records on
'file in the Department of Public Works of the CITY pertaining to
•e>:isting buildings, other improvements and trees; and information
.concerning available service and utility lines both public and
private.
C. If the CITY PROJECT DIRECTOR observes or has been notified
in writing of any fault or defect in the PROJECT or nonconformance
with the Contract Documents, prompt written notice thereof shall
be given to the PRINCIPAL.
D. The CITY shall do all reproduction and binding of the
:bidding and construction sets of the drawings and specifications;
grid loan all existing and applicable CITY aerial photographs.
E. The CITY shall appoint a PROJECT DIRECTOR to act as liaison
between CITY and PRINCIPAL, and the PRINCIPAL will not start work nor
incur any expenses for any Phase of the WORK, special conditions or
• Change orders without- having received written authorization from
tho Ci Ti'' S PROJECT DIRECTOR to do so. Nothing contained herein
sh=al.l relieve the PRINCIPAL of any responsibility as provided under
thi b• Agreement,
t P ni c l cal. 1 roqui.l-ed t ? 3tlflq: neC s. -y for
eT .1 i01;dip7 r'c)tp.iJorinas ti.a1 ) t Stl' il;
chetnic'a.1 , soil, and mill
a .Soils e limner- or crt:.he
-rlci laboratory
tests, and the
special cr-:nns;ul t ants when creemet
rVi cet Eli
nedCssafy
by Lhe PRIi•I(iIPAL; and the PRINCIPAL shall he Fontit.led to rely t poh
the accuracy, complC_'t.r_' 1i':iSi, and eC)iirpetJ'nce thereof
of
(I, The CITY rer.erigs the riciht to
retain. the SerVides Of
Professional Qucrht.i ty F; rrvFel'orto prepare e Detailed Consttuitioh Cost
Estimates based upon the flcsign Development
Construction Documents
SECTION V - COMPENSATION FOR SERVICES
Documents and the.
For professional and t-.echni.cal services for the Program and
;taster P1.an, Schematic Design Phase, Design Development Phase,
Bidding Phase, Construction Document Phase and Construction Phase
of the PROJECT, as outlined in SECTION ITI hereof, the CITY agrees
to pay, and the PRINCIPAL agrees to accept, as a full payment for
his services the LUMP SUM PEE of TWO HUNDRED FIFTY FIVE THOUSAND
NINE HUNDRED THIRTY THREE DOLLARS ($255,933. 00) . This LUMP SUM
FEE wil]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 and amounts of the total BASIC FEE:
ACCUMULATED VALUE
AT THE END OF PHASF.
1. Schematic Design Phase 15.0
2. Design Development Phase 30.0
3. Construction Documents Phase
4. Bidding Phase
Construction Phase
. Shop Drawings
b. Contract Administration
;SECTION VI - SCHEDtt],E OF WORK
$ 38,389.95
76,779.90
199,627.74
746.40
The PRINCIPAL agrees that time is of the essence in the achieve-
ment of the PROJECT and further 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
in writing, It is understood and agreed by both Parties that the
fcllowinq nchedule for the WORK will be strictly followed by the
PRINCIPAIL,
13
i`tt; ��i•: i
Il°tlntic-f�':;1,rjlt_
w Lhiti t:hi,1t, (30)
the CITY :11tiii:,.(lI'.I2 to
!i I1 WtlPAth.l S ._1711,1kit.
13, I)E;VEI,O ';il•;N P111%.!,E
•
The Design I)eVel lli'tient Pie
i1%1NAtlER w1t:hin t.h.irt., (30) calendar (;iiYS` after
ro1T1
-the CITY MANAGER Le begin WORK on this
CONSTRUCTION DOCUMENTS PHASE
The Construction Documents Phase shall' be delivered to the.
CITY MANAGER within One Hundred and Si:: (106) calendar days after
Witten authorization from the CITY MANAGER to begin WORK on this
Phase
BIDDING PHASE
The Bidding Phase
Phase►
day,*s.
E.. CONSTRUCTION PEIASE
The Construction Phase will commence with the award of the
Construction Contract and shall be completed when the PRINCIPAL has
delivered 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 he required by law and regula-
tions applicable to the PROJECT, including "as built" plans, and
the City Commission has accepted the PROJECT by Resolution.
SECTION VII - ADDITIONAL WORK AUTHIORIZED BY THE CITY
is projectedto require thirty (30) ca
l.on
endar
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 PRINCIPAL to
furnish professional or technical services. In this case, the cost
of this extra or additional work will not be considered as part of
the;t final cost of the PROJECT.
)3x The PEI1'JC'11'AI. :;hall furnish 1+ misciping ,and interior uesign
;kCU V ,.7es which .are normally c' part of 11j..5 c orit; 'ac clocu??tents r pc
14
sae 2.Tiat ions y as .part- of. } asi serVi es wi t:hin•I,.h 4t.fPt �att'C3
LUMP EOM t'1:r : iic}WeVer, the CITY. reserves the right to -
the PRINCIPAL PAL to Ert: oi'i.de additional :services, i. f found heCessarY
by the CITY# in which care the fee Cot- theses services
a negotiated basis,
SECTION J \III - TERMINATION OF tec1R1;I,'Mi NT
The CITY retains the right to terminate this Agreement at
time prior to completion of the tanRK without penalty to the CITY,
In that event termination of this Aggreement shall be in writing tb
the PRINCIPAL and the PRINCIPAL shall be paid for his services
rendered in each completed PHASE prior to termination in accordance
with SECTION V - COI'IPENSATION FOR SERVICES, provided however that
the PRINCIPAL is not in default under the term of this Agreement.
If, however, the termination of this Agreement occurs during an
incomplete PHASE, then the PRINCIPAL shall be paid at the rate of
two and one-half (2?W) times Direct Technical Salary Expc.nse for
those services rendered in such incomplete PHASE provided that
the PRINCIPAL is not in default under the terms of this Agreement.
In no case however, will the CITY pay the PRINCIPAL a greater
amount for his incomplete PHASE than would have been paid had
the termination been made at the completion of this PHASE.
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSIHIP OF DOCUMENTS shall become the -
property of the CITY, with the same provisions of use as set forth
in said SECTION XI.
SECTION IX - 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
• Civil
#-iechanical
Electrical
CAI;
14rr i n
t1f inrl
Ii.I tnn(.( .
f i ;.iyr
tit 1 Ali V. i 1 lr � +�., sr)tir. })1 e:f f (yik 1 they t(t)}
ah,i.,:at ion, and of hi.s )(I:3111 t:d3t1t.s or
ih this Aclrt.,om. it; zs}1ri1'tc i1t1`y ('
of t..ho
hpcc'i , l i.::;i;:; Work, i:yr
be understood that the PRINCIPAL ` is L11 no way Yeti Vod Chi iln '.
1`e$pOn` ibl.l i ty under the i.er-Ms of this Agreement by vi rt iie of any
other professional who rn1y associate with him in performing the WORK.
SECTION X - ADDITIONAL PROVES'S1ONAL RESPONSIBILITIES
The following professional services and work by the PRINCIPAL
shall not be considered extra services but on the contrary shall
considered part of the WORK of the PRINCIPAL:
A. Revise the Construction Documents Phase and Construction
plans and specifications to reduce the cost of construction of the
PROJECT to the final budgeted or CITY approved amount for the
construction of the PROJECT, if the amount of the lowest acceptable
bid received by the CITY for the construction of the PROJECT is .in
•excess of the final amount budgeted or approved for the cost of
the construction contract of the PROJECT.
B. Any other revisions suggested by the CITY that are within
`the scope of the WORT; before the Design Development Documents and
Outline Specifications are approved by the CITY.
SECTION XI - O1`;NIRSIiIP 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 on their use. It is
further stipulated that all information developed as a part of the
PROJECT shall not be used by the PRINCIPAL without written consent
f t h c CITY.
It is further understood by and between the parties that any
i}lfo;illation, maps, contract documents, reports, tracings, plans,
`awi n(Is, specifications, books or any other matter whatsoever
which is given by 't the CITY to the PRINCIPAL pursuant to this Ag ree-
.n;Ont shall at al 1 times romai p the property ef the CITY + n(i shall
1 6
net be used by the pi::i. I t'AI, for illy other purpose o: t' ::hcltso
the Written consent of t-he
.t is Curt:her understood that lid i s
to be i..;;;Ued by the PRINCIPAL without
and Written approval from the CI'I'Y4
SECTION XII WART) OF AGREEMENT
The PRINCIPAL warrants that he employed
company or porsons to solicit
not paid or agreed to pay any
percentage, brokerage fee, or gifts or any other considerations
contingent upon or resulting from the award' or. making of this Agree-
ment.
I�t r'f,5 1 C 1 r_asc s OS" (yiib1 l Cat
pr or ul)ri tt:al to the Ci.T
has not
wi
hout
r retained any
or secure this Agreement that he has
company or person any fee, commission,
The PRINCIPAL also warrants that to the best of his knowledge
belief no Commissioner., Mayor or other officer or employee of
the CITY is interested directly or indirectly in the profits or
emoluments of this Agreement or the job, work, or services for
the CITY in connection with the contract or construction of this
PROJECT.
The PRINCIPAL shall not 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 XIII - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement
between the CITY and the PRINCIPAL and supercedes all prior
negotiations, representations or Agreements, either written or oral,
This agreement may be amended only by written instrument by both
the CITY and the PRINCIPAL.
SECTION XIV - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments
Agreement, or sublet, assign or transfer any
this Agreement without the written con Pent of the CITY. Tbis Agree-
17
c' •
ifle I11i1:sir°1_PAL I1t'2.03J;j t'F 1.1i 1t.i�. theft a,'1t'x,Ci 1.1;31xY ..lnfl 0Lh'
ilili.1: t.(:7';t:! ,:t/i)1);trtl21%1 t„'1;f� t:+ '1'1';i1t*1C)4`tti ;ifrc:11'i-at"t? Coifi! lC'f:t' <`thcl
-
Ott'f"unt i"1+t. t hlo t i;no ill l i "Ctilt.I (I( t..n10 ••'lila tlllrlt: t 11c, 0rl.Y -1 nil. l:;()11t_1':1t t
prl:'re and any additiorul thereto :;hill be %id jtl: t (.;t# to ' xc1 u e an
si<..}ni.f.icilnt SUIn i:'hC:re t".he CITY 1.10,t'r:'11nr::s the contract price was
increased due to inaccurate, incomplete or non=current wage rate and
other factual unit cost.
Such i1Cl)IISLmentS must be made within one
year foliowinq the end of the contract.
SECTION XVI - RIGHT To AUDIT.
The CI'I'Y reserves the right to audit the records of
PRINCIPAL any time during the prosecution of this Agreement
for a period of one year after final payrnent 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 (20a)
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 profits in
excess of the maximum set forth above, the PRINCIPAL shall
simultaneously remit any overage to the CITY. The CITY reserves
the right to audit the books and records of the PRINCIPAL and to
adjust the amount of any such repayment in the light of said
audit. In calculating the total costs incurred by the PRINCIPAL'S
own staff, the PRINCIPAL shall use a percentage overhead applied
to the DIRECT TECHNICAL SALARY EXPENSE as defined in SECTION II
herein. The percentage overhead shall be equal to the actual
percentage overhead pertaining for all of the PRINCIPALS wort; in
the last twelve month period preceding the (fate of this Contract
for whicl'
data is available, All services ces provided by subcontractors
18
to the PRINCIPAL shall l)y included at the actual cost Is
PR i IPAL and the perceht.ace r.q-hold shall not apply
• st'Ctr1ot3 : i i - t N5t'I• ,
The PR1N('1PAL shall
I'
not commence work on this Contrao`
he has obtained all insurance required under this paragraph ah
such insurance has been approved by the CITY.
The PRINCIPAL shall indemnify and save the CITY harmless froth
any and all claims, liability, losses and causes of actions which
may arise out of the PRINCIPAL'S operation of this Agreement.
The PRINCIPAL shall pay all claims and Losses of any nature
whatsoever in connection therewith and shall defend all suits, in
the name of the CITY when applicable, and shall pay all costs and
judgements which may issue thereon.
The PRINCIPAL shall maintain during the term of this Agreement
the following insurance:
A. Public Liability Insurance in amounts not less than
$100,000,00 per person and $300,000.00 per accident for bodily
injury and $50,000.00 per accident for property damage.
B. Automobile Liability Insurance covering all owned, non -
owned, and hire vehicle in amounts as indicated in Paragraph "A"
above.
C. Professional Liability Insurance in a minimum amount
$1,000,000.00 covering all liability arising out of the terms
this Agreement.
D. rTnoloyers Liability Insurance in amounts as indicated
in Paragraph "A" above.
E. Wor.kman's Compensation Insurance in the statutory
The insurance coverage required shall include those classifica-
tions as listed in standard liability insurance manuals, which most
nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies authorized
do business under the laws of the State of Florida; and which
are approved according to specifications of the Property ManagPr
of the CITY.
The PRINCIPAL sh.l.l furnish certificates of insurance to the
Prior to the Colin( ?neoment of operations, ons, which certi f icotes
19
amounts.
in r
altt rtil1 a_I`Lion of , II L ;1t'
irL (10) days written no
the r
Compliance wit..
RINCIP ?i, of his l,iabi 1 i
°y> and obligations under this
an portion A,II e ent.
SECTION Xvi I I = R IC,!IT OP 1)!•:C.rS Io lS
All services shall be por formod by the PRINCIPAL to the,
scat iSfaCtion of the Director of Public Works who shal.l decide nll
questions, diff.iculL.ieS and disputes of Whatever nature which may
ari c 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 that the PRINCIPAL
does not concur in the judgement of the DIRECTOR as to any decision
made by him, the PRINCIPAL shall present his written objections to.
the CITY MANAGER; and the DIRECTOR and the PRINCIPAL shall abide
by the decision of the CITY MANAGER. Adjustement of compensation
and contract time because of any changes in the WORK might become
necessary or be deemed desirable as the WORK progresses shall be
reviewed by the DIRECTOI? and the CITY MANAGER and submitted to the
CITY COMMISSION for approval.
SECTION XI}: - NON-DISCRIMINATION
A. The PRINCIPAL will not discriminate against any employee
or applicant for employment because of race, color, religion, se>;,
or natural origin. The PRINCIPAL wi1.1 take affirmative action to
ensure that applicants are employed, and the employees are treated
Onriny employment, without regard to their race, color, religion;
se:•;, or national origin, Such action .;hall include, but not be
limited to,, the following; Employment, upgrading, demotion, or
trap;>fer; r•eerui tment or recruitment advertising; layoff or tcertnin.-3-
or other forms of compensation; and sele,ct:,ie
20
for t aininqi inc141t1intr rq? ;rent ir: :->hu . 1;t''' IT I: (.'il'AL aq
pot: I.tl conspicuous p1cos available to i'r'st)loyC`es an(1 a..)iicclflts
for employment;
notices to be
f>I.n •idt 1 by t:he Pc'rrsohnel Offidef
setting forth the provisions cif this Equal opportunity clause.
The PRINCIPAL will
fOt employees placed by
solicitations ot-•icivert:i.sernents
the PR1 CIr ,TJ, state -that -
all qualified applicants Will receive consideration ion for employment
without regard to race; color,
rel.igi.on; SC': or national origins
C. The PRINCIPAL will send to each Labor union or representa=
of workers With which he has collective bargaining agreement
other contract or understanding i a notice, to be provided by the
agency Personnel. Officer, advising the labor union or workers'
representative of the contractor's commitments under this Equal
Opportunity clause, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
D. The PRINCIPAL will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, as amended by Executive
Order No. 11375 of October 13, 1967, and of the rules, regulations
and relevant orders of the Secretary of Labor.
E. The PRINCIPAL will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 1137r of October. 13, 1967, and by
the rules, regulations and order of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records
and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
F. In the event of the PRINCIPAL'S noncompliance with the
Equal Opportunity clause of this contract or with any of the said
rules, regulations or orders, this contract may be canceled,
terminated or suspended, in whole or in part and the PRINCIPAL may
be declared ineligible for further CITY contracts in accordance
with procedures autho.ried in Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No, 11375
October 13, 1967, or by rule, regulation or order of the Secretary
of Gabor, or ,-1s otherwise provided by law,
2l
AL. i '1 1
i�i;lli"t �fa,ili7
' r r.-1idiof ,
C"C?t7t.I`+?`lami eyr Or "if1i t
r c .;"r ri t etx 't) f ! .+1 t,.
;o.r}06r.31C)x, 11?1"e1 iSt. f:jitrrr,i:i
•rill 2 Vc Of del- 'NO 1 1 .3i 5. of tct c7i)ef' 1 3.)
lC'
Li'i•tt7i IlcJ upon rarhl .`-,ulic:t)nt 1• ctr.)r
C 1 ion iti 1-h i o:.pecL 1 o r.hy
Contracting agency
a8 ttlean8 of on fo1-c'i nc
! o rec't._
including sanctions for
noncompliance: i,lC)vl.ii('f3, }1C''+•1t:ti,'t,r that in the event t:}IG' PRINCIPAL
becor,.cs involved in, or is t.hre:ea LI: ned with) 1 i. t: aya _ i 0f with a
! .:1)cont rr:ctor or vcrndor as a i- u1 t of such ell I ection by the
contracting agency, the PRINCIPAL Itt.,y rocltic st the CITY to ente into
such litigation to protect the ini:e3 t its of the CITY.
.SECTION XX - CONSULTANTS
The CITY hereby approves the' fo316wing-firms which the PRINCIPAL
proposed to engage to provide consulting services for the PROJECT,
as subcontractors to the PRINCIPAL:
H.
Civil, Electrical and Mechanical:
David Volker b Associates,
Consulting Engineers
2470 S.W. 27th Avenue
?Miami, Florida 33145
Structural:
Inc.
De Zarr,:ua and Donnell, Irlc.
Consulting Engineers
131 Madeira Avenue
Coral Gables, Florida 33134.
PRINCIPAL shall furnish the CITY with
the subcontract ayrec:nents.
The PRINCIPAL shall not subcontract for other consulting services
without prior written approval of the CITY.
<i:C:'I'ICr', ;'
XXI - CC)NSRI1CTION OF AGREEMENT
T
`. GR }EI i:r.
The parties hcrt.to agree that this Agreement shall be construes
copyf, each
Lncl enforced according to the laws, st+3tuto$ and co
e iaw of ,the
IN W1T: ESS MfEHEOr the partiet; heroto ~ii V01 th$Ough ih-ciir
propot Ct)t-pora1e officix ls#
yeat first nboVe :set forth-,
AT1'i S``
Se-ret-ar-
ATTn8T:
City Clerk
'111I CITY OV f4IAMt (a municipal Corporation
of the State of Florida
gy .
City Manager
APPROVEb AS TO CONTtNNT APPPOVEb AS TO FOAM & CORPECTNESS
birec'tor, Department of
Public 1 orks.
City Attorney