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HomeMy WebLinkAboutR-76-0337RFC/f 1 1/23/76 "SUPPORT►\' - Dr.,,.. w RESOLUTION NO. 76-337 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE GROVE GROUP, (A JOINT VENTURE OF BORROTO & LEE, ARCHITECTS AND PLANNERS,/ ANTONIADIS ASSOCIATES P.A.,/ROSS-ADAMS ENGINEERS INC.) FOR THE STUDY, ANALYSIS AND DEVELOPMENT OF THE DINNER KEY RECREA- TION CENTER/EXPOSITION HALL, AND PARTIAL IMPLEMENTATION OF THE DINNER KEY MASTER PLAN UNDER THE TERMS AND CONDITIONS AS CONTAINED IN THE ATTACHED COPY OF THE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MI'\P'iI , FLORIDA: Section 1. The City Manager is hereby authorized and directed to execute an Agreement with THE GROVE GROUP, (A Joint Venture of Borroto & Lee, Architects and Planners,/ Antoniadis Associates P.A./Ross-Adams Engineers Inc.) for the study, analysis and development of the Dinner Key Recreation Center/Exposition Hall, and partial implementation of the Dinner Key Master Plan under the terms and conditions as contained in the attached copy of the said Agreement. PASSED AND ADOPTED this 25 • ATTEST: I, D. SOUTHERN ) day of /2• MARCH MAURICE A. FERRE , 1976. CITY CLERK PREPARED AND APPROVED BY: C-L z- ✓C` Gt."C Robert F. Clark Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: S. Lloyd Attorney MAYOR "DOCU.MENT INDEX ITEM NO " CITY COMMISSION MEETING OF MAR 2 5 �^ Rio/14 m N i:P.2 Kloo 4 ................. n., crrY c P !AM!. rLORIO\ INTER-OPTICE tviEMOR4NDUM to: (FROM: Honorable Members of the City Commission t'P. W. Andrews City Manager DATE. StJnJEC:t: • ?:1.1 REFERENCE:9: EIJCLOSUnES; FILE: Agreement Dinner- Key Auditorium Project Attached is a proposed agreement between the City of Miami and the Grove Group, consultants for the study, analysis and development of the Dinner Key Recreation Center/Exposition Hall, and partial imple- mentation of the Dinner Key Master Plan. The agreement provides for a lump sum consultant fee of $227,273 which is considered reasonable and fair for services in this category. The work to be performed by the consultant is divided into the following three phases: PHASE I - Study, analysis, report, including a conceptual design, as to the uses of the Auditorium, as detailed in Section III - Professional Services. PHASE I1 - Complete development program including structural repairs and modifications to adapt the Auditorium to those functions recommended in the report and approved by the City, as detailed in Section III - Professional Services. PHASE III - Master Plan, Architectural work, as detailed in Section III - Professional Services. It is recommended that the City Commission adopt a resolution author- izing the City Manager to execute this agreement. "'Q 7P MDTI\JE VUViJ Iv1 LNTS FOLLOW" AGRE EMENT THIS AGREEMENT made this day of A.D. , 1976 by and between THE CITY OF MIAMI, a Municipal Corporation of the State of Florida, hereinafter called CITY and THE GROVE GROUP, (A Joint Venture of Borroto & Lee, Architects & Planners,/Antofiiadis Associates P.A.,/ Ross -Adams Engineers Inc.), hereinafter called PRINCIPAL. W ITNESSETH WHEREAS, the Commission of the City of Miami desires to retain a professional architectural, engineering and planning firm to furnish certain technical and professional services described herein, hereinafter called WORK in connection with the project entitled "DINNER KEY RECREATION CENTER/EXPOSITION HALL" and partial implementation of the Master Plan, hereinafter called PROJECT; and WHEEAS, the PRINCIPAL having examined the scope of the architectural, engineering and planning services required for this PROJECT, and having expressed his desire and willingness to provide such services and having presented his qualifications to the CITY in support of his expressed desires; and WHEREAS, the CITY having found satisfactory the qualifications of the PRINCIPAL to perform the WORK herein contemplated; and WHEREAS, Chapter 73-19 "Consultant's Competitive Negotiation Act" Laws of the State of Florida and CITY Administrative Directive AD 1.25 implementing said State Statue, governing contracts for professionalservices, have been fully complied with; and WHEREAS, the CITY MANAGER recommends and the City Commission has approved the selection of the PRINCIPAL "Slfr."'''""""fE , • • { } r, r i ♦, FOLLi" to perform such services, and the PRINCIPAL has agreed to accept employment upon the terms and conditions hereinafter set forth; and WHEREAS, the Commission of the City of Miami by Resolution No. adopted 1976, authorized and citected the CITY MANAGER to negotiate an Agreement With the PRINCIPAL for the professional services required for the PROJECT. , WHEREAS, funds are provided from Capital Improvement Funds - Unallocated Funds to pay for the professional and technical services involved in the completion of the PROJECT; and NOW, THEREFORE, the CITY and the PRINCIPAL for the consideration hereinafter set forth, agree and covenant, one unto the other, as follows: SECTION I - GENERAL A. The PRINCIPAL shall carry out the WORK with all applicable dispatch in a sound, economical, efficient and professional manner. The provisions of all applicable Federal, State and Local Laws must be met; and B. The professional and technical services will consist of three (3) phases: PHASE I. A study, analysis, report, including a conceptual design, as to the uses of the DINNER KEY RECREATION CENTER/EXPOSITION HALL, as detailed under SECTION III - PROFESSIONAL SERVICES. PHASE II. A complete development program including structural repairs and modifications to adapt the DINNER KEY RECREATION CENTER/EXPOSITION HALL to those functions recommended in the report and approved by the CITY, as detailed under SECTION III - PROFESSIONAL SERVICES. "SUPPORTIVE DCCUMEN ;3 FOLLOW" - 2 1,0 PHASE III - Master Plan architectural work as detailed under SECTION III - PROFESSIONAL SERVICES. SECTION II DEFINITIONS A. CITY The City of Miami, Florida B. CITY MANAGER - The City Manager of the CITY C. PRINCIPAL THE GROVE GROUP (A Joint Venture of: Borroto & Lee/Antoniadis/Ross-Adams) D. DIRECTOR- Director of Department of Public Facilities E. AUDITORIUM- DINNER KEY RECREATION CENTER/ EXPOSITION HALL F. WORK Professional and technical services to be rendered or provided by the PRINCIPAL G. PROJECT - Study, analysis and development of Auditorium and partial implementation of Master Plan B. FIXED FEE - The amount of money the CITY agrees to pay the PRINCIPAL for his professional and technical services required to complete the WORK for PHASE I, PHASE II and PHASE III I. PHASES OF PROJECT: 1. PHASE I - Study, analysis, report, including a conceptual design, as to the uses of the AUDITORIUM, as detailed in SECTION III. - PROFESSIONAL SERVICES. 2. PHASE II -- Complete development program including structural repairs and modifications to adapt the AUDITORIUM to those functions recommended in the report and approved by the CITY, as detailed in SECTION III - PROFESSIONAL SERVICES, "SUPPORTIVE DCC..JMENT3 FOLLOW" 3 1 s » �, T , / SIJt� . . ��E FOLOW" PHASE III Master Plan Architectural Works as detailed in SECTION III-- PROFESSIONAL, SERVICES. SECTION III --__PROFESSIONAL SERVICES The PRINCIPAL shall devote his personal time and attention to the PRINCIPAL'S services to be furnished under this Agreement and shall supervise and direct the performance of all the professional and,technical services hereunder, including supervision during construction. The CITY'S review and approval of the WORK will relate only to overall compliance with general requirements of the PROJECT and whenever the term "Approved.by the CITY" or "Acceptance by the CITY" or like terms are used in this Agreement, the phraseology shall in no way relieve the PRINCIPAL from any duties or responsibilities under the terms of. this Agreement and from using the highest standard of professional services and practices. /t the present time, the budget for the PROJECT including all fees and testing is strictly set at $2.5 million and the PRINCIPAL agrees to design the PROJECT within this budget, provided the CITY does not change the program nor cause undue delays to the WORK progressiing in a timely manner. PHASE I - STUDY, ANALYSIS,, CONCEPTUAL DESIGN AND REPORT AS TO TIIE USES OF THE AUDITORIUM A. A written program of activities and functions which will be accommodated by the PROJECT. B. Evaluation of the existing building as follows: 1. Condition of building structure 2. Condition of building floors 3. Availability of utilities, sanitary and storm setters, water, electricity and telephone, ro "SU PPOrT1VE DOCUMENTS FOLLOW" C. Contact all potential users of the building to determine needs and furnishing the CITY With written direction regarding these heedt as part of the PROJECT program. D. Conceptual design of AUDITORIUM and illustrated rendering for presentation to public and officials. E. Provide a construction budget estimate break- down indicating the various components of the renovation. F. Make the following presentations,•as required: 1. To the CITY Staff 2. To the CITY COMMISSION and CITY MANAGER 3. Local Groups PHASE II - COMPLETE DEVELOPMENT PROGRAM INCLUDING DESIGN, CONTRACT DOCUMENTS AND CONSTRUCTTION SUPERVISION TO ADAPT THE AUDITORIUM TO THOSE FUNCTIONS RECOT Y•iEflDED IN THE REPORT AND APPROVED BY THE CITY. STAGE A. DESIGN DEVELOPMENT 1. Provide Plans and Specifications at a large scale to fully describe the interior and exterior modifications and renovations recommended and approved by the CITY, in order to adapt the AUDITORIUM to the functions and activities recommended by the PRINCIPAL, provisions should be made so that construction work would not interfere with scheduled events, without written consent of the CITY. 2. Provide an architectural rendering which describes the exterior character of the PROJECT after the recommended modifications and renovations have been approved by the CITY. 3. Provide a PROJECT site plan indicating the new site work recommended by the PRINCIPAL and approved by CITY including parking, location and type of new land- scaping lighting) service areas, access for service vehicles, public automobiles and pedestrian, and relationship of the PROJECT to other facilities at Dinner Key, STAGE B. CONTRACT DOCUMENTS 1. Provide plans and specifications, including special provisions indicating the type and qualities of the materials and equipment which will be used to modify and renovate the AUDITORIUM including the type and quality of the various mechanical systems (plumbing, air conditioning), electrical systems and communication systems. 2. Furnish the originals of all drawings, "S J r PC TIVE renderings and reports. ��� DOW11 IF r`JT3 3. Provide a final construction budget estimate FOLLOW" for all components of the modifications and renovations to the AUDITORIUM. STAGE C. CONSTRUCTION SUPERVISION 1. The Construction Stage 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 plans and specifications and CITY approved change orders and shall furnish other written certificates as may be required by law and regulations applicable to the PROJECT, including "As -built" reproducibles plans, and the CITY COMMISSION has accepted the PROJECT by reso]_ution. 2. The PRINCIPAL shall have authority to reject WORK which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents whether or not such Work be then fabricated, installed or completed. The PRINCIPAL shall review and approve Shop Drawings, samples and other submissions of the Contractor only for conformance with the design concept of the PROJECT and for compliance with the information given in the Contract Documents. 4. During the Construction Phase, the PRINCIPAL will make periodic visits to the job site to "SUPPORTIVE: progress and quality of the WORK and determine, " ' ' ' `'" �j irS in general, if the work is progressing in FOLLOW' accordance with the Contract Documents. PHASE III - MODIFICATION AND IMPLEMENTATION OF THE ARCHITECTURAL FEATURES OF THE MASTER PLAN STAGE A. Revisions to the Master Plan are required to preserve and rework the existing AUDITORIUM and adjacent site. The PRINCIPAL will provide the CITY under this framework, the following: 1. Development of the DINNER KEY Master Architectural Plan. 2. Accommodation of new fac:lities to the new DINNER KEY Architectural. Plan. 3. Coordination of other facilities as they relate to the new Architectural Plan, familiarize himself, generally, with the 4. Coordination of Marinas as they relate to parking areas of the new Architectural Plan. 5= Refinement and amplification of the hew Architectural Plan. 6. Coordination of aesthetics of other facilities under separate lease by the CITY but part of the DINNER KEY area. The PRINCIPAL shall not deal directly with any leaseholder in the DINNER KEY area without representation of the CITY MANAGER'S office. STAGE B. Implementation and on -going administration of II° ou 117 zr-.r nT!` Jr.. fir✓ t '; r`, \, STAGE C. Additional architectural plan WORK and '" `+..j $, �? >. on -going administration as directed by the CITY. the architectural features of the Master Plan. SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES The CITY shall furnish the PRINCIPAL with the following services and information from existing CITY records as follows: A. The CITY shall appoint a Project Coordinator to act as liaison between the CITY and PRINCIPAL, whose responsibilities will include providing written authorization to permit PRINCIPAL to start work on, or to incur expense upon, any PHASE of or on special conditions or on change orders defined by this Agreement. Nothing contained herein shall relieve the PRINCIPAL of any responsibility as provided under this Agreement; and B. The CITY shall provide information regarding its known requirements for the PROJECT; and C. The CITY shall furnish survey information of the Site as applicable, deeds restrictions, boundaries and contours of the Site, locations, dimensions and data from existing record on file in the Department of Public Works of the CITY pertaining to the existing building and information concerning available services and utility lines both public and private and the PRINCIPAL shall be entitled to rely upon the accuracy and completeness thereof; and • D. If the CITY Project Coordinator observes or has been hotified in writing of any fault or defect in the PROJECT or non-conformance With the Contract Documents, prompt written notice thereof shall be given to the PRINCIPAL; and E. The CITY shall do all reproduction and binding of the bidding and construction sets of the drawings and specifica- tions, and loan all existing and applicable CITY aerial photographs; and P. The CITY shall furnish all regtiired testing necessary for the PROJECT including core borings, test pits, structural, mechanical, chemical, soil and mill and laboratory tests when requested by the PRINCIPAL and approved by the CITY and the PRINCIPAL shall be entitled to rely upon the accuracy, completeness and competance thereof; and G. The CITY shall furnish space for a site field office to the PRINCIPAL, if required, for the duration of the PROJECT. SECTION V - COi'iPENSATION FOR SERVICES For professional and technical services on the PROJECT, the CITY agrees to pay to the PRINCIPAL and the PRINCIPAL agrees to accept as payment, in full, for all the professional and technical services rendered pursuant to this Agreement as follows and in accordance with EXHIBIT A, by this reference made a part hereof. PHASE I - STUDY, ANALYSIS, CONCEPTUAL DESIGN REPORT For professional and technical services under PHASE I, as outlined in SECTION III - PROFESSIONAL SERVICES, the CITY agrees to pay the PRINCIPAL a FIXED FEE of Forty-eight thousand dollars and. No Cents ($48,000.00). Partial payments for the WORK under PHASE I shall be made as follows: 1, 305 of this,sum when WORK under this PHASE is considered 33% completed. 2. Additional 30% of this sum when WORK under this PHASE is considered to be 67 completed. 4 %ICI y FOLLOW" 3. An additional 30% of this sum shall be paid upon submission of 100% of plans and report, The remaining 10; will be paid upon acceptance by the CITY COMMISSION of the WORK under this PHASE, bringing the total payments to 100% of the FIXED FEE due for PHASE II. PHASE II - DESIGN DEVELOPMENT STAGE STAGE A. For professional and technical services under STAGE A of PHASE II, as outlined in SECTION III PROFESSIONAL SERVICES, the CITY agrees to pay the PRINCIPAL a FIXED FEE of Forty-eight thousand dollars and No Cents ($48,000.00). Partial payment of STAGE A shall be as follows: 1. 30% of this sum when' WORK under this STAGE is considered 33% completed. 2. An additional 30% of this sum when WORK under this STAGE is considered to be 67% completed. 3. An additional 30% of this sum shall be paid when WORK under this STAGE is considered to be 100% completed. 4. The remaining 10% of this sum shall be paid upon acceptance by the CITY COMMISSION of the WORK under PHASE II, STAGE A, bringing the total payments to 100% of the FIXED FEE due for PHASE II, STAGE A. PHASE II - CONTRACT DOCUMENT STAGE STAGE B. For professional and technical services under PHASE II, STAGE B as outlined in SECTION III - PROFESSIONAL SERVICES, the CITY agrees to pay the PRINCIPAL a FIXED FEE of Eighty-four thousand dollars and No Cents ($814,000.00). Partial payment of STAGE B shall be made as follows; 1. 30% of this sum when WORK under this STAGE is considered 33% completed. r 10 - "SUP?CRTWE DOCUMENTS FOLLOW" 2. An additional 30% of this sum -When WORK under this STAGE is considered to be 67% cornpieted a 3, An additional 30% of this sum when WORK under this STAGE is considered to be 100' completed, 4, The remaining 10% of this sum shall be paid upon acceptance by the CITY COMMISSION of the WORK under PHASE II, STAGE B, bringing the total payments to 100% of theoFIXED FEE due for PHASE II, STAGE B. PHASE II - CONSTRUCTION PHASE STAGE C. For professional and technical services under PHASE II, STAGE C as outlined in SECTION III - PROFESSIONAL SERVICES, the CITY agrees to pay the PRINCIPAL a FIXED FEE of Twenty-seven thousand, two - hundred and seventy-three dollars and ."SU P'ilDRTIVE($27,273. 00 ). DOCU EDITS STAGE C shall he rude in ten (10) equal payments of FOLLOW" No Cents Partial payments for the WORK under two thousand, seven -hundred and twenty-seven dollars and thirty cents each ($2,727.30); in proportion to the amount of construction completed. PHASE III - MODIFICATION AND IMPLEMENTATION OF THE ARCHITECTURAL FEATURES OF THE MASTER PLAN STAGE A. For professional and technical services under PHASE III, STAGE A as outlined in SECTION III - PROFESSIONAL SERVICES the CITY agrees to pay the PRINCIPAL a FIXED FEE of Fifteen thousand dollars and No Cents ($15,000.00). Partial payments for this WORK shall be as follows: 1. 45% of this sum when WORK under this STAGE is considered 50% completed. 2. An additional 45% of this sum when WORK under this STAGE is considered to be 100% completed. - 11 -- "SUPP.rDRTI\'E DC CU rEN IS 3. The remaining 10% will be paid upon acceptance by the CITY COMMISSION of the WORK. Under this STAGE, bringing the total payments to 100% of the FIXED FEE for PHASE TII, STAGE A. STAGE B. IMPLEMENTATION OF NEid_ ARCHITECTURAL PLAN The CITY agrees to pay the PRINCIPAL a FIXED FEE for the sum of Five thousand dollars and No. Cents ($5,000.00). Ten (10) equal payments of Five Hundred dollars each ($500.00) will be made in _ I proportion to WORK done. STAGE C. ADDITIONAL ARCHITECTURAL PLAN WORK - COMPENSATION FOR ADDITIONAL WORK WHERE AUTHORIZED BY THE CITY To be indicated under EXTRA SERVICES - SECTION X. SECTION VI - SCHEDULE OF WORK PHASE I - STUDY, ANALYSIS, AND CONCEPTUAL DESIGN REPORT The study analysis report, including conceptual design as to the uses of the AUDITORIUM shall be delivered to the CITY MANAGER within approximately sixty (60) calendar days after written authorization from the CITY MANAGER to begin WORK on PHASE I of the PROJECT, not including approval times or time of assembly of pertinent materials. PHASE II STAGE A. DESIGN DEVELOPMENT STAGE The Design Development Stage shall be delivered to the CITY MANAGER within approximately sixty (60) calander days after written authorization from the CITY MANAGER to begin work on this STAGE. STAGE B. CONTRACTS DOCUMENTS STAGE The Contract,Documents Stale shall be delivered to the CITY MANAGER within approximately one -hundred and twenty (120) calendar days after smitten author- ization from the CITY MANAGER to begin work on this STAGE, not including approval times. •' 12 - STAGE C. CONSTRUCTION STAGE AND SUPERVISIOn The Construction Stage will 'commence with the award of the Construction Contract and shall be completed when the PRIINtCIPAL 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 be required by law and regulations applicable to the PROJECT, including "as -built" reproducibles plans and the CITY COMMISSION has accepted the PROJECT by resolution. PHASE III STAGE A. REVISION OF ARCHITECTURAL FEATURES OF THE MASTER PLAN Stage A shall be delivered to the CITY MANAGER within approximately sixty (60) calendar days after written authorization from the CITY MANAGER to begin work on this STAGE, not including approval times. This work will be done concurrently with PHASE I. STAGE B. Will run concurrently with PHASE II. STAGE C. As directed by the CITY. SECTION VII - 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 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 final cost of the PROJECT. B. Although no additional services are contemplated by the CITY at the writing of this Agreement, if any additional professional services are authorized by the CITY which cannot be considered as part of this, Agreement, they shall be paid • for by the CITY as negotiated with the PRINCIPAL, DOCU rl FOLLOW" 13 - The following items are considered extra: 1. Providing services to investigate existing conditions on facilities other than the AUDITORIUM and the AUDITOf IUM SITE. 2. Preparing documents for alternate bids or out -of — sequence services requested by the CITY. 3• Providing Detailed Estimates of Construction Cost or detailed quantity surveys or intrentories of material, equipment and labor. 4. Providing interior design and other services required for or in connection with the selection of furniture and furnishings not included in the approved program. 5. Providing services for planning offices or tenant or rental spaces not included in the approved program. 6. Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistant with :mitten approvals or instructions previously given and provided such changes are not caused by the PRINCIPAL exceeding the budget. 7. Providing consultation concerning replacement of any work damaged by fire or other cause during construction not covered by insurance. 8. Providing professional services made necessary by default of the Contractor or by major defects in the work of the Contractor in the performance of the construction contract. 9. Providing Contract Administration and observation of construction after the Construction Contract Time has been exceeded or extended by more than thirty (30) days through no fault of the Architect. 10, Preparing to serve or Nerving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding, "SU7PcR-nyE DOC Ut.? N IS FOLLOW" SECTION VIII TERt+MINATION OF AGREEfMiENT 't'hc CITY retains the right to terminate th:is 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 PLIASE and/or STAGE prior to termination in accordance with SECTION V COMPENSA- TION 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 and/or STAGE, then the PRINCIPAL shall be paid at the rate of two and one half (21) times Direct Personnel Expense, (Direct Personnel Expense is defined as cost of salarii.s and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, pensions, vacations and similar benefits) for these services rendered in such incomplete PHASE and/or STAGE. Provided that the PRINCIPAL is not in default under the terms of this Agreement. In no case, however, will the CITY pay the PRINCIPAL a greater amount, for this incomplete PHASE than would have been paid had the termina- tion been made at the completion of this PHASE and/or STAGE. 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. SUSPENSION OF AGREEMENT If the PROJECT is suspended for more than three (3) months, the PRINCIPAL shall be paid his compensation for services performed prior to receipt of written notice from the CITY of such suspension together with Reimbursable r,41 1.., ^1r1 rrr xpenses then due and all terminal expenses resulting from ''Ur 1; rh' z uch suspension. If the PROJECT is resumed after being FOLLOW„ suspended for more than three (3) months, the Architect's compensation shall be subject to re -negotiation. 15 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 D. Structural C. Civil D. Mechanical E. Electrical F. Air Conditioning G. Landscaping H. Others The PRINCIPAL will be responsible for all the WORK of his own organization, and of his consultants or associates. Nothing contained in this Agreement shall create any contractural relation between any of the specialists working for the PRINCIPAL and the CITY. It shall be understood that the PRINCIPAL is in no way relieved of any responsibility under the terms of his Agreement by virtue of any other professional who may associate with him in performing this WORK. SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES The following professional services and work by the PRINCIPAL shall not be considered extra services but on the contrary shall be considered part of the WORK of the PRINCIPAL. Revise the Design Development Stage, Contract Documents Stage and Construction plans and specifications to reduce the cost of construction of the PROJECT to the final budgeted or 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. Other revisions requested by the CITY, to be made to the plans and specifications previously approved by the CITY, will be reimbursed on an hourly basis. �- 16 - DOCU �iENT FOL_LOW» SECTION XT - 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 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 of the CIrTY. 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 whatsoever without the written consent of the CITY. SECTION XTI - AWARD OF AGREEMENT The PRINCIPAL warrants that he has not employed or retained any company or persons to solicit or secure this Agreement that he has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other considerations contingent upon or resulting from the award or making of this Agreement. The PRINCIPAL also warrants that to the best of his knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emuluments 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. "SUPPORTIVE DOCUMENTS FOLLOW" The PRINCIPAL is aware of the conflict of interest laws of both the City of Miami and bade County Florida, and agrees that he shall fully comply in all respects with the terms of said laws. SECTION XIII EXTENT OF. AaREEM NT This Agreement represents the entire and integrated Agree- ment between the CITE` and the PRINCIPAL and supercedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument by both the CITY and the PRINCIPAL. SECTION XIV - SUCCESSORS AND ASSIGNS The PRINCIPAL shall make no assignments or transfer of this Agreement, or sublet, assignor transfer any part of the WORK under this Agreement without the written consent of the CITY. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. SECTION XV - TRUTH IN NEGOTIATIONS The PRINCIPAL hereby certifies that wage rates and other factural unit costs supporting the compensation are accurate, complete and current at the time of contracting and that the original contract price and any additions thereto shall be adjusted to exclude any significant sum where the CITY determines the contract price was increased due to inaccurate, incomplete or non -current wage rate and other factual unit cost. Such adjust- ments must be made within one (1) year following the end of the contract. SECTION XVI - RIGHT TO AUDIT The CITY reserves the right to audit the records of the PRINCIPAL any time during ,the prosecution of this Agreement and for a period of one (1) year after final payment is made under this Agreement. -18.. i FOLLOW' SECTION XVII - INSURANCE AND INDEMNIFICATION The PRINCIPAL shall not commence work on this Contract Until he has obtained all insurance required under this paragraph and such insurance has been approved by the CITY. The PRINCIPAL shall indemnify and save the CITY harmless from 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 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. The PRINCIPAL shall maintain during the construction phase of this Agreement:' A. Professional Liability Insurance in a minimum amount of $1,000,000.00 covering all liability arising out of the terms of this Agreement. The insurance coverage required shall include those classi- fications as listed in standard liability insurance manuals, which most nearly reflect the operations of the PRINCIPAL. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; and which are approved according to specifications of the Property Manager of the CITY. The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict 19 UP7ORTIVE .� D OCR �.�;N��� FOLLOW" compliance With this Section and that no material change or cancellation of the insurance shall be effective without the thirty (30) days Written notice to the CITY. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of his liability and obligations under this Section or under any portion of this Agreement. SECTION XVIII - RIGHT OF DECISIONS All servicesshall be performed by till, PRINCIPAL to the satisfaction of the Director of Public Facilities 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 that the PRINCIPAL does not concur in the judgement of the DIRECTOR as to any decision made by hirn, 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. Adjustment of compensation and contract time because of any changes in the WORK might become necessary or be deemed desirable as the 1'10RK progresses shall be reviewed by the DIRECTOR and the CITY MANAGER and submitted to the CITY COMMISSION for approval. SECTION XIX - CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. SECTION XX -- NON-DISCRIMINATION The PRINCIPAL agrees that there shall be no discrimination as to race, color, creed, age or natural origin in regard to r 20 r "SU PP3flTtVE DOCUMENTS FOLLOW" fitt PRINCIPALtS obligation, work or service performed under the terms of this Agreement. IN WITNESS Wv`HIEREOF the parties have, through their proper corporate officials, executed this Agreement, the day and year first above set forth, THE GROVE GROUP (A joint -venture of: Borroto & Lee/Antoniadis/ Ross -Adams) ATTEST: Secretary For: Borroto & Lee, Architects and Planners For: Antoniadis Associates, Architect and Planning, P.A. For: Ross -Adams Engineers, Inc. THE CITY OF MIAMI (A municipal Corporation of the State of Florida) ATTEST: City Clerk By: City Manager APPROVED AS TO COTITENT: APPROVED AS TO FORM & CORRECTNESS: Director, Department of Public Fac it it:h�s I3y : - 21 .-. City Attorney or'ir'Ir":17111g" FOLLOW" EXMHHT A 1 .t: .....1:..... i...i„.:-.. � J 1..1 .? . 'r'7� I p l--1 i, 1.--, E. !! p 4 6 L. 11 1 s 4. La1 '• r!iL:�47 JE� 1- �)0':.;0 17:-"H :"::! 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