HomeMy WebLinkAboutR-76-0356RFClstn
a/24/76
RESoLUTIoN No 76-356
A RESoLUTtoN AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE
ARCHITECT -ENGINEERING FIRM OF FERENDINO, GRAFTONr
SPILLIS, CANDELA.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager be and he is hereby
authorized and directed to enter into an agreement with the
Architect -Engineering firm of Ferendino, Gnafton, Spillis, Candela,
for professional services in connection with the planning, design
and full-time inspection and supervision of the construction of
the City's proposed downtown Convention Center in accordance with
the terms and conditions as set forth in the attached copy of the
said agreement.
PASSED AND ADOPTED this 8 day of '\PRIL
1976.
H, D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
,/ /
c /714,
ROBERT F. CLARK, Asst. Citytty.
APPROVED AS TO FORM AND CORRECTNESS;
t JOHN S o LLOYD, City Attorney
!IAURICE /1, FERRE
MAYOR
"DOCUMENT INDEX
ITEM NO �--- "
"SUPPORTIVE
DOCUMENTS
FALLOW"
CITY COMMISSION
MEETING OF
APR. - ail
J
RESOI,UTIO,+ NO. 74 -
REMARKS:
7
ACTIONS_ REQUIRED. OF COMMISSION
MAKE A STATEMENT OF GENERAL INTENT THAT THE INCLUSION
OF THE UNIVERSITY OF MIAMI'S JAMES Le KNIGHT CONFERENCE
CENTER AT THE CITY OF MIAMI+S CONVENTION CENTER SITE 1S
TO THE MUTUAL BENEFIT Or EIOTH PARTIES,
DIRECT THE CITY MANAGER TO PROCEED IMMEDIATELY TO CONFER
WITH THE UNIVERSITY TO ESTABLISH THE ORGANIZATIONAL
FRAMEWORK FOR THE DESIGN, DEVELOPMENT, CONSTRUCTION,
PROGRAMMING AND OPERATION OP THE COMBINED FACILITIES,
DIRECT THE CITY ATTORNEY TO DETERMINE THE LEGAL PROCESS
AND PROCEDURES BY WHICH PUBLIC AND PRIVATE FUNDS CAN BE
USED TO DEVELOP THIS FACILITY,
DIRECT THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH
THE UNIVERSITY THAT WILL DEFINE AND DELINEATE THE LEGAL
OBLIGATIONS AND FISCAL RESPONSIBILITIES OF BOTH PARTIES,
DIRECT THE CITY MANAGER TO INSTRUCT THE ARCHITECT/ENGI—
NEER AND HIS CONSULTANTS TO DEVELOP AN ARCHITECTURAL
PROGRAM AND MASTER PLAN OF THE COMBINED FACILITIES THAT
IS PHYSICALLY AND PROGRANIAT1CALLY COMPATIBLE TO BOTH
PARTIES,
ems#7i
7e 3 "
DItY OF MIAMI. FLORIDA
MEMOfANbUM
FrIONIt
Honorable Members of the
Gay Commission
P. W. Andrews
City Manager
DATE:
S On) EC T
APR 2 106
FILE
Convention Center Agreement
PEFt FtLf4CES. Item No. 7
r NC LOSURES:
At the meeting of April 8, 1976, the City Administration
will be recomtnending approval by the City Commission
for the City Manager to execute the attached agreement
brttween the City of Miaini and Ferendino, Grafton,
Spillis, Candela, for the professional services in
conjunction with the development of a new convention
center for downtown Miami. The City Manager
recomtnends the adoption of the attached resolution.
In addition to the preceding action, it is proposed the
City Commission be made aware of the various stages
of scheduling for the Convention Center. Also to be
discussed is the information thus far presented to the
City Administration which would help to understand
the University of Miami proposal as it relates to the
Convention Center.
A G R E E. M F N T
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 FERENDINO, GRAFTON,
SPILLIS, CANDELA, Architects,. Engineers, Planners, a Florida
Corporation, hereinafter called the PRINCIPAL.
WITNESSET1{
"SUPPORTIVE
DOCUMENTS
WHEREAS, the CITY proposes to construct a 7,000± FV-1.-0W9
Convention Center on the site commonly known as the Feinberg
Tract, located at S.E. 4 Street and S.E. 2 Avenue, which Center
could also include the James L. Knight Center, parking garage, a
possible hotel, shops and restaurants arid, possibly, to accommodate
other civic functions such as United Way, Information Center,
hereinafter called. the PROJECT; and
WHEREAS, the CITY has programmed approximately $10.5 million
from the balance of the Convention Center General Obligation Bonds,
and the sale of certain land at Virginia Key to the Miami -Dade
Water and Sewer Authority; and may have up to $3.0± million from
funds to be provided by the University of Miami; and may have funds
to •be provided by The Off -Street Parking Authority; and
WHEREAS, the City desires to engage an architect -engineering '
firm to render the necessary professional and technical services,
hereinafter called WORK for planning, design and full time
inspection and supervision of the PROJECT upon the terms, conditions
and provisions hereinafter set forth; and
WHIEREAS, the Commission of The City of Miami authorized the
City Manager to prepare invitation proposals for architectural
services for the convention center; further directed the City
Manager to receive architectural proposals from architects and
submit his findings to the City Commission for its consideration;
and further directed the City Manager to take such other actions
as required to proceed toward thy-, construction and development of
said 7,000± seat Convention Center; and
r 1
WHEREAS, the Commission of The City of Miami on July 31, 1975
try motion No► 75-712 authorized and directed the City Manager at
the first meeting in September, to submit names of three architect
teal firms for the Commission to consider and select one for the
design of the new downtown 7,000± seat Convention Center; and
WHEREAS, the Commission of The City of Miami by Resolution
No. adopted 1975, selected the firm of Ferencdino,
Grafton, Spillis,.Candela and authorized and directed the City
Manager to negotiate an Agreement with said aril, for the profes-
sional services required for the PROJECT; and
NOW, THEREFORE, the CITY and the PRINCIPAL for the considera-
tion 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 PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the instructions
of the CITY, the UNIVERSITY and the AUTHORITY; and
C. The CITY BUDGETED AMOUNT is $10.50 million for construction
of a 7,000± seat downtown convention center. This $10.50 million •
includes the following:
1. $9.0 million for the construction of a 7,000± seat
`SUPPORTIVE
DOCUMENTS
FOLLOW" 2.
downtown convention center, including 12% for art
work.
The fee for the selected architectural -engineering
firm providing the required professional and
technical. services.
3. Furnitures anci Furnishings.
11. And may have some additional funds for the design and
construction of a parking garage for the Off Street
Parking Authority.
-$
And may have up to $3.0± miil:Lon from the tniversity
of Miami for the construction of the proposed tames
L. Knight Conference Center.
D. The PRINCIPAL shall_ design the PROJECT Within the funds
aVaiiable to the CITY for this purpose; and
E. The CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all professional and technical services
rendered, as outlined in SECTION 1II - PROFESSIONAL SERVICES,
hereof, the LUMP SUM FEE OF SIX HUNDRED NINETY FIVE THOUSAND
DOLLARS ($695,000.00).
F. If the CITY authorizes the PRINCIPAL to proceed With the
Planning, Design and Inspection of the James L. Knight Center as
part of this Agreement, the LUMP SUM FEE shall be increased at a
rate not to exceed 6.45 percent of the CITY Budgeted Amount less
a fee credit of $10,000.00. Under any circumstances, the revised
LUMP SUM FEE shall not exceed FIGHT HUNDRED NINETY FOUR THOUSAND
SIX HUNDRED TWENTY FIVE DOLLARS ($891I,625.00). This amount does
not include program and master plan for the James L. Knight Center.
SECTION II - DEFINITIONS
L (1,1 A. CITY - is hereby defined as The City of Miami, Florida.
B. CITY MANAGER - is hereby defined as the City Manager
Cti. .I of the CITY.
o-o
Q --! C. DIRECTOR - is hereby defined as the Director of the
CI-
U CD Public Works Department of CITY.
Li..
[] D. UNIVERSITY - is hereby defined as the University of
Miami, Coral Gables.
E. AUTHORITY - is hereby defined as the Off --Street Parking
Authority, a semi -autonomous authority of the CITY.
F. PRINCIPAL - is hereby defined as Ferendino, Grafton,.
Spillis, Candela, Architects, Engineers, Planners of 800 Douglas
Road, Coral Gables, Florida.
G. PROJECT - is hereby defined as the construction of a 7,000±
seat convention center, including possibly, a James L. Knight Center,
to be designed within the LUMP SUIT FEE Stipulated and possibly a
Parking garage, a hotel, shops, restaurants, possible space for
Community and Public Agencies as may bo determnined during the program
development'
dr
R. ART WORK• Art Work to be provided based on the scope of
the PROJECT as `set forth in the ordinance, It shall be incumbent
C h the architect; however; to make every possible effort to have
the art work included as'a basic part of the PROJECT.
I, WORK L 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.
J. 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 CITY.
K. LUMP SUN FEE - is hereby defined as the amount of money
the CITY agrees to pay and the PRINCIPAL agrees to accept as payment
in full for all the professional and technical services rendered
pursuant to this agreement, to complete the WORK as further defined
in SECTION III - PROFESSIONAL SERVICES, hereof.
L. PROJECT DIRECTOR - is hereby defined as the Director of
the PROJECT for the CITY.
M. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
straight -time
come
Ta x
of the
protion of wages and salaries subject to Federal
PRINCIPAL'S technical personnel (Principals,
Architects, Engineers, Planners,
Writers and Technicians) engaged
TECHNICAL SALARY EXPENSE charged
Designers, Draftsmen, Specifications
directly on the PROJECT. The DIRECT
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.
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
tibR< Will relate only to overall compliance with the general
teguirements of the PROJECT and Whenever the tern "Approval by the
city" or like terms is used in this Agrrement) the phraseology shall
in rio Way relieve the PRINCIPAL from any duties or responsibilities
Under the terms of this Agreement and from using the highest
architectural and engineering services and practices.
The PRINCIPAL shall, in the preparation of Plans and Specifica-
tions) and in 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, Walsh -Healy Act, The Occupational Safety
and Health Act, The National Environmental Policy Act and Equal
Employment Opportunity Legislation.
A. PROGRAM AND MASTER PLAN PHASE
During the Program and Master Plan Phase, the PRINCIPAL
shall:
—,{
1. Complete a study which would set forth the criteria
nc2cessary for the CITY to make a decision as to what
is needed to proceed. The study shall include a
forecast for future needs as a result of population
and social changes within the PROJECT zone of
"SUPPORTIVE influence. The PRINCIPAL shall make recommendations
DOCUMENTS ENTS regarding which of the needs should be satisfied
_
FOLLOW" by the Convention Center first phase of construction
U y� and which should be considered for later phases, if
such phases are found to be necessary.
2. The PRINCIPAL shall complete a written program
describing the physical facilities necessary to
satisfy the needs of the CITY regarding a
Convention Center. This report shall consider
the total development of the PROJECT. The
written program shall contain chapters fully
describi.ng the fo].lowtnE :
(a )
The amount of space and/or the number of
people to be accommodated for the various
functions to be performed within the
facility as both a Convention Center and
Co=unty Center.
•
"SUPPORTIVE(c)
DOCUMENTS
FOLLOW"
(b) The amount of space heeded for, and type of
'utilities to serve the Centers
(c) Special equipment and systems requirements.
(d) Vehicle and pedestrian access requirements.
(e) Parking requirements.
(f) Operating equipment.
(g) Operational organization.
(h) Character of the Architectural Design (Interior
and Exterior) requirements..
(i) Maintenance requirements.
(j) Financial requirements. •
(k) Meeting Room requirements.
(1) Service and Storage Area requirements.
(m) Food Service Facilities.
(n) Energy Conservation considerations.
3. The PRINCIPAL shall complete a preliminary site analysis
report. This report would set forth the following
information:
(a) Is the site selected adequate in size and
shape to accommodate the PROJECT?
(b) Does the site present any unusual development
problems? If so, what are the costs involved?
Are all water and sewer facilities necessary
available at the site? If not, what are the
costs involved in securing these?
(d) Are all off -site access roads and walks available
and satisfactory? If not, what are the costs of
developing adequate vehicle and pedestrian access?
(e) Is the site free and clear of all buildings and/or
other encumbrances?. If not, what are the costs
of preparing the site for new construction?
4. The PRINCIPAL shall complete a master plan of the
entire site describing fully the development of the
Convention Center. The Master Plan Report will be made
up of a Written Report, Arhitoetura1 and Engineering
6-
Plans Architectural Sketches) and an Architectural
Scale todel3 PROJECT Development Costs) PROJECT Tittle
Schedule, and Construction Phasing Study Which shall
indicate the total development of the Center to its
full potential and a recommendation of construction
phasing consistent with the CITY'S financing plan.
The Written Reports, Plans and Sketches of the Program
and Master Plan Phase shall be bound in a report and
fifteen (15) copies shall be delivered to the CITY.
The architectural scale model shall be delivered to
the CITY.
6. The PRINCIPAL shallmake a presentation to a full
City Commission of the Written Master Plan Report,
Drawings, Sketches, Preliminary Cost Estimates,
Renderings, Model and Time Schedules for the PROJECT.
7. The PRINCIPAL shall revise the Written Master Plan
Report, Drawings, Sketches, Preliminary Cost Estimates,
Time Schedule, and other documents as directed by the
City Commission.
8. The PRINCIPAL shall prepare the time schedule in the
format of a PERT or CPM diagram identifying all major
tasks with their time durations in order to determine
"SUPPORTIVE.
S
DOCUMENT the critical path.
FOLLOW" 9. The PRINCIPAL shall make presentations at Public
Hearings to groups and agencies as directed by
written request from the CITY.
B. SCHEMATIC DESIGN PHASE
During the Schematic Design Phase, upon written authori-
zation from the CITY MANAGER, the PRINCIPAL shall:
1. Review the Programing and Master Planning with the
CITY to ascertain the requirements of the PROJECT
and shall confirm such requirements to the CITY;
and
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"SUPPORTIVE
DOCUMENTS
FOLLOW"
6.
+ Rave conferences with the CITY as to the functional
requirements of the building including such require-
ments as environmental considerations (landscaping)
air conditioning, fenestration), structural flexibility,
building security, emergency systems and initial cost
parameters for various functions; and
3. For the interior, establish the functional require-
ments 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
4. Develop 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
5. 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
Submit to the CITY a Statement of Probable Construction.
Cost based on current area, volume and other unit cost.
C. DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written authori-
zation of the CITY and as directed by the CITY for the approved and
accepted parts of the Program and Master Plan Phase and the Schematic
Design Phase, the PRINCIPAL shall:
1. Prepare Design Development Documents consisting of
plans, elevations and other drawings, and outline
specifications, all in order to fix and illustrate
the size and character of the entire PROJECT in its
essentials as to location, kinds of material, type
of structure, mechanical and electrical systems,
"SUPPORTIVE
DOCUMENTS
FOLLOW" 6.
Have conferences with the CITY as to the functional
requirements of the building including such require=
ments as environmental considerations (landscaping)
air Conditioning, fenestration), structural flexibility,
building security, emergency systems and initial cost
parameters for various functions; and
3. For the interior, establish the functional require-
ments 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
4. Develop 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
5. 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
Submit to the CITY a Statement of Probable Construction
Cost based on current area, volume and other unit cost.
C. DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written authori-
zation of the CITY and as directed by the CITY for the approved and
accepted parts of the Program and Master Plan Phase and the Schematic
Design Phase, the PRINCIPAL shall:
1. Prepare Design Development Documents consisting of
plans, elevations and other drawings, and outline
specifications, all in order to fix and illustrate
the size and character of the entire PROJECT in its
essentials as to location, kinds of material, type
of structure, mechanical and electrical systems,
Utilities locations, and such other works as 'May be
required,
2. 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 construction 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 or 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 Design Studies and/or the Design
Development Documents as necessary in order to permit
t'S U P P O RTIV Ethe submission of a revised Estimate of PROJECT Construc-
DOMI ENTS tion Cost within the CITY BUDGETED AMOUNT as part of the
FOLLOW„ PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no addition
in fee to the CITY.
3. Submit completed Design Development Documents thereof
as required.
4. Adjust the scale model of. proposed facilities, if
required by the CITY.
5. The PRINCIPAL shall make a presentation to a full
City Commission of the Design Development Documents,
Outline Specifications, Construction Cost Estimates,
Renderings, Model and Time Schedules.
6. The PRINCIPAL shall revise the Design Development
Documents and other documents as directed by the
City Commission.
The.Design Development phase shall be completed when the
CITY approves and accepts the Pesign Development Documents.
0 4u_ . CONSTRUCTION DOCUMENTS PHASE
During the Construction Documents Phase3 upon written
authorization of the CITY and in accordance with all the approved
and accepted part of the Design Development Phase3 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 are
to be in conformance with all applicable state
and local laws and codes and will 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 equip-
ment attached to the facility electrically, mechanically,
or structurally) site development, landscaping, bidding
information, and the special provisions of the
"SUPPORTIVE Construction Contract, Bid Proposal, the Construction
DOCUMENTSContract, and other Construction Contract Documents.
FQL LOVV" 2. Revise the construction contract plans and specifica-
tions, and any other written report or written
document as required, to secure the CITY'S approval
thereof.
3. Advise the CITY of any adjustments to previous
estimates of PROJECT construction cost which may be
indicated by changes in scope, design, requirements,
market conditions, or otherwise.
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
10
subject matter, and the CITY Will rely oft it as a
reasonable approximation of bids to be received.
See that all construction contract plans and
specifications (working drabritigs and specifica-
tions) bear the seal of 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. . r
It is to be fully understood that acoustics in
the completed PROJECT is of primary importance;
therefore the PRINCIPAL shall provide the services
of a recognized authority for the acoustical design
and treatment of the PROJECT.
7. It is to be fully understood that the air condi-
tioning system for the PROJECT shall provide
draft -free cooling, uniform temperatures and
low operation and maintenance costs, therefore
the PRINCIPAL shall provide the services of a
professional with the experience and capability
of designing such a system.
8. Because of the CITY'S concern for energy conservation
it shall be fully understood the the PRINCIPAL pay
"SUPPORTIVE particular attention to designing all of the energy
DOCUMENTSsystems required for the PROJECT with emphasis towards
FOLLOW" conserving energy. Particular attention will be
focused on the different uses of the PROJECT and the
different demands for air conditioning, lighting, etc.
9. Submit the completed construction contract plans
and specifications to the CITY for a complete and
detailed review and approval.
10. Conduct all necessary dry -run checks of the
construction contract plans and specifications
in connection with securing the approval of and
necessary permits from all governmental authorities
having jurisdiction over the PROJECT after the CITY
has approved and accepted in Writing the construction
contract plans and other contract documents. By said
acceptance, the CI'i'Y does not relieve the PRINCIPAL
of any responsibilities.
11. Deliver to the CITY the completed toaster set of
construction contract plans and specifications and
other related parts of the Construction Contract
including the Bid Proposal, in suc) reproducible
form as may be specified by the CITY.
The Construction Documents Phase shall be considered complete
on the day the CITY executes a Construction Contract 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 construction
bids.
E. 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 a copy for
each set of contract documents prepared; and
"SUPPORTIVE' Review the bids and make recommendations to the
'"(�
CITY MANAGER regarding the award of the construction
DOCU 1'r�{ ENTS
.� " contract, be available if necessary to make these
FLLOW
recommendations to the CITY COMMISSION in person; and
3. Assemble and furnish the CITY MANAGER data for
publicity releases.
4. Take part in pre --bid conferences with CITY and
prospective bidders as required.
F , CONSTRUCTION PHASE
The Conotruction Phase will commence with the award of the
- Construction Contract. During the Construction Phase, upon written
authorization from the CITY, the PRINCIPAL shall:
R 12
1. Make periodic visits to the site to familiarize
himself with the progress and quality of the Work
and to determine that the work is proceeding in
accordance with the Contract Documents; and
2. Provide day by day on -site supervision and
inspection of the PROJECT by assigning a person
mutually acceptable both to the PRINCIPAL and
the CITY MANAGER as resident engineer, inspector,
or full-time project representative to insure
that construction is being performed in accordance
with the Contract Documents and will exercise all
reasonable diligence and care in order to safeguard
the CITY against all defects and deficiencies in
the construction of the PROJECT and may condemn
the WORK as failing to conform to the Contract
Documents; and
3. Serve as liaison between the Contractor and the CITY
and maintain relationship with the Contractor and
Subcontractors on the job only through the Contractor's
Job Superintendent; and
4. Utilizing the Critical Path Method (PERT), establish
and maintain a schedule for construction and make
decisions on all matters relating to the execution
and progress of the construction to the extent
"SUPPORTIVE provided by the contract between the CITY and the
DOCU ENTS Contractor; keep the CITY informed by weekly written
FOLLOW" Progress Reports of the actual progress of the WORK
and the progress required to adhere to the Critical
Path construction schedule; and
5. Consider, evaluate, and make recommendations to
the CITY for its review of any suggestions or
modifications which might be submitted by the
Contractor for his approval; do not authorize
deviation from the Contract Documents without
first notifyingnotIfying the CITY and the Surety; and
r 13
"SUPPORTIVE
D CUMENTS
F LLO‘h
6� Assist the Contractor to understand the intent of
the Contract Documents and make all decisions in
matters relating to the interpretation of the
Contract Documents; and
7, Furnish any additional details or information when
required at the job site for proper execution of
the WORK; and
B. Make written recommendations for the CIT'Y'S review
and concurrence for such things as material and
equipment, methods of construction, changes in
plans, extra work orders, and supplemental agreements;
these reviews and concurrence shall not relieve the
PRINCIPAL of any responsibilities as specified under
the terms of this Agreement; and
9. Check and approve shop and working drawings, samples
and other submissions furnished by the Contractor;
not permitting the installation of any material and
equipment for which shop drawings are required unless
such drawing has been duly approved; retain a copy of
all shop and working drawings, duly approved by the
PRINCIPAL, for permanent CITY records; and
10. Prepare request for all required testing necessary for
the PROJECT including core borings, test pits,
structural, mechanical, chemical, soils, mill and
laboratory tests, inspections and reports required
by law or the Contract Documents; provide the CITY
with certification that all laboratories, firms,
individuals and/or consultants conducting these tests
are competent to perform the service; retain a copy
of all test; results for permanent CITY records; see
that all tests required by the Contract Documents
are actually conducted; and inspect and approve all
testing; and
11. Receive samples which are required to be furnished
at the Job site; record date received and from whom;
examine said samples and notify the CITY of his
approval or rejection and maintain custody of
approved samples; and
1.2, 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
13. After substantial completion, make a list of items
for correction before final inspection, and check
each item as it is corrected; and
14. In the case of additions to, or renovations of an
existing facility, which must be maintained as an
operational unit, notify the City Project Coordinator
in writing of conditions on the job site which may
have an effect on the CITY'S existing operation; and
15. The PRIICIPAL and th= 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
"SUPPORTIVE
SUPPOT1V time for completing the entire PROJECT or such
� � portions may not have expired, but such taking
DOCUMENT
i_����t; 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 responsibilities
under the terns of this Agreement.
16. Maintain at the job site orderly files for (1) corres-
pondence, (2) reports of job conferences, (3) shop
drawing. and (4) reproductions of original Contract
Documents including all addenda, change orders and
additional drawings issued subsequent to the award
of the Contrast. Keep a daily diary or log book,
recording; hours on the job site, tho wall% scheduled
15
to be accomplished that day, the work actually
accomplished that day, the various crafts Working
daily and the equipment user, weather conditions,
list of visiting officials and jurisdiction, decisions,
observations in general, and specific observations in
more detail as in the case of observing test procedures.
Record names, addresses and telephone numbers of all
Contractors and Subcontractors; and
_ r
17. Upon request by the CITY PROJECT DIRECTOR, attend
and report to the CITY on all required conferences
held at the job site; and
18. During the course of the WORK, collect Guarantees,
Certificates and Maintenance Operation Manuals and
Keying Schedule, and at the acceptance of the PROJECT,
assemble this material and deliver it to the CITY
PROJECT DIRECTOR; and
19. Review the Construction Contractor's Requisition for
Payments, determine the amounts owing under the
Construct:1 n Contract, and issue to the CITY Certifi-
cation for Payments under such amounts; and
20. Furnish to the CITY within thirty (30) days after
completion of the Construction Phase of the PROJECT
the original reproducible drawings of the Construction
"SUPUP RTIV E Contract plans, revised to include all changes or
MENTS modifications to the design made during the Construction
DOCU
Fv��y
t - jar Phase; copies of all shop and working 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 Taws and regulations applicable to the PROJECT.
The Construction Phase shall be complete when the PRINCIPAL
has delivered the aforesaid certificates including "as built" plans,
etb,, 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 the
resident engineer or inspector, one additional person to act as the
PRINCIPAL'S representative in his absence.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following services
and information from existing CITY records and CITY files:
A. The CITY shall provide information regarding its known
requirements for the PROJECT.
B. The CITY shall furnish a Certified Land Survey of the site
giving, as applicable, grades and lines of streets, alleys, pavements
and adjoining property; right of way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours
of the site; locaions, dimensions and data from existing records on
file in the Department of • Public Works of the CITY pertaining to
existing buildings, other improvements and trees; and information
concerning available service and utility lines both public and
private.
C. If the CITY PROJECT 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;
and 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 with the exception of the Program
and raster Plan Phase, the PRINCIPAL will not start work nor incur
any expenses or any other Phase or the WORK or special conditions
or ch,rnge orders without having received written authorization from
"SUPPORTIVE
DOCUMENTS
FOLLOW"
the CITY1S PROJECT DIRECTOR to do so, Nothing contained herein shall
relieve the PRINCIPAL of any responsibility as provided under this
Agreement.
P. 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 reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Ddtailed Construction Cost
Estimates based upon the Design Development Documents and the
Construction Documents. "SUPPORTIVE
SECTION V - COMPENSATION FOR SERVICES DOCUMENTS
For professional and technical services fto .ItI1.II.&V ram and
Master Plan, Schematic Design Phase, Design Development Phase,
Bidding Phase, Construction Document Phase and Construction Phase
of the PROJECT, as outlined in SECTION III hereof, including the
services of a resident inspector, or other qualified personnel, the
CITY agrees to pay, and the PRINCIPAL agrees to accept, as a full
payment for his services the LUMP SUM FEE OF SIX HUNDRED NINETY FIVE
THOUSAND DOLLARS ($695,000.00). It is noted that this LUMP SUM FEE
includes a fee credit of THIRTY THOUSAND DOLLARS ($30,000.00) to the
CITY by the PRINCIPAL for work done previously under a different
contract. If however the CITY authorizes the PRINCIPAL to proceed
with the Planning, Design and Inspection of the James L. Knight Center
as part of this Agreement, the LUMP SUM FEE shall be increased at a
rate not to exceed 6.45 percent of the CITY BUDGETED AMOUNT less an
additional fee credit of TEN THOUSAND DOLLARS (ti10,000.00). Under any
circumstances, the revised LUMP SUM FEE shall not exceed EIGHT HUNDRED
NINETY FOUR THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS ($894 , 625.00) ,
This amount does not include program and master planning for the
James L. Knight Center, This LUI.1P SUM FEE will herinafter be called
the BASIC FEE. This payment will be made monthly in proportion to
the services performed so that; the compensation at the completion
•- 18 ,-
Of each Phase shall equal the following percentages of the total
BASIC FEE.
($93000,000) 012,250,000) r
Program and Master Plan Phase 11% 8.5%
Schematic Design Phase 19% 21.5%
Design Development Phase 4o% 40%
Construction Documents Phase 75% 75%
Bidding Phase ,8o% 80%
Construction Phase 100% 100%
Except that in the case the CITY terminates this Agreement at the
completion of the Program and Master Plan Phase, the LUMP SUM FEE
will be SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) for the $9.0
million budget or the $12.25 million budgeti'SU PPORTIVE
SECTION VI - SCHEDULE OF WORK DOCUMENTS
FOLLOW"
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
following schedule for the WORK will be strictly followed by the
PRINCIPAL.
A. PROGRAM AND MASTER PLAN PHASE
The Program and Master Plan Phase shall be delivered to the
CITY MANAGER within 60 calendar days after written authorization
from the CITY MANAGER to begin WORK on this Phase of the PROJECT.
B. SCHEMATIC DESIGN PHASE
The Schematic Design Phase shall be delivered to the CITY
MANAGER within 45 calendar days after written authorization from
the CITY MANAGER to begin I•WORK on this Phase.
C . DESIGN DEVELOPMENT PHASE
The Design Development Phase shall be delivered to the
CITY MANAGER within 45 calendar days after written authorization
from the CITY I.1ANAGEER to begin WORK on this Phase.
!- 19
CONSTRUCTION) DOCUMENTS PHASE
The Construction Documents Phase shall be delivered to
the CITY MANAGER Within 165 calendar days after Written authoriza-
tion from the CITY MANAGER to begin WORK on this Phase,
E BIDDING PHASE
The Bidding phase is projected to require thirty (30)
calendar days.
F. CONSTRUCTION PHASE
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 be required by law
on regulations applicable to the PROJECT, including "as built" plans,
and the City Commission has accepted the PROJECT by Resolution.
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
A. Th-.: 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. The PRINCIPAL is to furnish landscaping and interior
design services which are normally a part of his contract documents
and specifications, as part of his basic services within the
stipulated LUMP SUIT FEE. However, the CITY reserves the right to
authorize the PRINCIPAL to provide additional services such as
exotic landscaping and interior design services if found necessary
by the CITY, in which case the fee for these services will be on
a negotiated basis.
w
SECTION VIII - TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any
tire• prior to completion of the WORK without penalty to the CITY,
- 20 ^ r" UPP RT!VE
It 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 - CWPENSwTIOW FOR SERVICES, provided however that
the PRINICPAL is not in default under the term of this Agreement.
If, however, the termination of this Agreement occurs during an
incomplete PHASE, then the PRINCIPAL shall be paid at the rate of
two and one --half (21/2) times Direct Technical Salary Expense for
those services rendered in such incomplete PRASE 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 termination been made at the completion of this PHASE.
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the
property of the CITY, with the same provisions of use as set forth
in said SECTION XI.
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 "SUPPORTIVE
B. Structural DOCUMENTS
C. Civil FOLLOW"
D. Mechanical
E. Electrical
F. Air Conditioning
G. Landscaping
H. Acoustical
1. Interior Design
J . Convention Planner
K. Planner
L. Food Service Facilities
-, 21
M. Theater Equipment
N. Seating and Sight Lines
O. Air Rights
P. Others
The PRINCIPAL will be responsible for all the WORK of his own
organization, and of his consultants or associates. Nothing container:_
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 in no t,,ay relieved of any
responsibility under the terms of this Agreement by virtue of any
other professional who may associate with him in performing the WORK.
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:
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 WORK before the Design Development Documents and
Outline Specifications are approved by the CITY.
SECTION XI - 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 CITY.
22 -
"SU PPORTIVE
DOCUMENTS
FOLLOW"
It is further understood by and between the parties that Any
information, maps, contract documents, reports, tracings, plans,
drawings, specifications, books or any other natter whatsoever
which is liven by the CITY to the PRINCIPAL pursuant to this Agree-
ment 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.
It is further understood that no press releases or publicity is
to be issued by the PRINCIPAL without prior submittal to the CITY
and written approval from the CITY.
SECTION XII - AWARD OF AGREEMENT
The PRINCIPAL
company or persons
not paid or agreed
"SUPPORTIVE
DOCUMENTS
FOLLOW"
warrants that he has not employed or retained any
to solicit or secure this Agreement that he has
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 Agree-
ment.
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,
the CITY in connection with the contract
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 lasts of
both the City of Miami and Pade County, Florida, and agrees that
he shall fully comply in all respects with the terms of said laws.
work, or services for
or construction of this
SECTION XIIT - EXTENT OF AOREE: ENT
TtdJ.; Agreement represents the entire and integrated Agreement
between the CITY and the PRIT:CIPAI4 and supereedos all prior
23 --
hegOtiations, representations or Agreements, either written or oral,
This Agreement may be amended only by written ihstruteht by both
the CITY and the PRINCIPAL,
SECTION XIV - St1CCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
Agreement, or sublet, assign or transfer any part of the WORK under
this Agreement without the written consent of the CITY, This Agree-
ment 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 factual
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 factu:::1 unit cost. Such adjustments must be made within one
year following the end of the contract. "SUPPORTIVE
S.
DGCU CFCS
•
SECTION XVI - RIGHT TO AUDIT e�/�1
The CITY reserves the right to audit tris' 6f the
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 SUM FEE under SECTION V herein,
enable the PRINCIPAL to earn a profit or more than TWENTY (20%)
PERCENT of that LUMP SUM FEE. At the time the final increment of
that L1JIP 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
SECTIOI! TIT herein. If such certification indicates profits in
- 214 .,
excess of the maximum set forth above, the PRINCIPAL shall
Simultaneously remit any overaE,e 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 totalcosts 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 work in
the last twelve month period preceding; thb date of this Contract
for which data is available. All services provided by subcontractors
to the PRINCIPAL shall be included at the actual cost paid by the
PRINCIPAL and the percentage overhead shall not app rUppORTi v E
INSURANCE AND INDEMNIFICATION DO C `-' �'" �'
SECTION XVII - SU II r 1,. •�V(�JJt t
The PRI
NCIPAL shall not commence work on this Cot i iitil
he has obtained all insurance required under this paragraph and
such insuranc 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 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,
1
C. Professional Liability Insurance in a minimum amount of
$1,000,000.00 covering all liability arising out of the terms of
this Agreement,
D. Employers Liability Insurance in amounts as indicated
in Paragraph "A" above.
E. Work -man' s' Compensation
amounts.
The insurance
tions as listed in
nearly reflect the
All insurance
Insurance in the statutory
coverage required shall include those classifica-
standard liability insurance manuals, which most
operations of the PRINCIPAL.
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
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. "SUPPORTIVE
_ DOCUMENTS
SECTION XVIII - RIGHT OF DECISIONS Fv LLO�A/»
A11 services shall. be performed by the PRINCIPAL to the
satisfaction of the Director of Public Works who shall decide all
questions, difficulties and disputes of whatever nature which may
arise under or by reason 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
claim;::, questions of fact, and dispute: shall be final, conclusive
and binding, upon the panties hereto, unless such determination is
2n
1
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. Adjustment 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 DIRECTOR and the CITY MANAGER and submitted to the
CITY COMMISSION for approval. "SUPPORTIVE
SECTION XIX - NON-DISCRIMINATION DOCUMENTS
� ,n
A. The PRINCIPAL will not diserim► na LegV'" t any employee
or applicant for employment because of race, color, religion, sex,
or natural origin. The PRINCIPAL will take affirmative action to
ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, color, religion,
sex, or nati -i:nal origin. Such action shall include, but not be
limited to, the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The PRINCIPAL agrees to
post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Personnel Officer
setting forth the provisions of this Equal Opportunity clause.
B. The PRINCIPAL will, in all solicitations or advertisements
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 will send to each labor union or representa-
tive of wort:crs with which he has collective bargaining agreement
or other contract or understanding, 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, ani shall post copies of the notice In conspicuous
places available to cu; ployeos and applicants for employment.
- ?7
b. The PRINCIPAL will comply with all provisions of
Executive Order No. 11.2146 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 willfurnish all information and reports
required by Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375 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 i.nA igible for further CITY contracts in accordance
with procedures authorized in Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No. 11375 of
October 13, 1967, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, as amended by Executive Order No. 11375 of
October 13, 1967, or by rule, regulation or order of the Secretary
of Labor, or as otherwise provided by law.
G. The PRINCIPAL will include the provisions of XIX A through
XIX G in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of September
24, 1965, as amended by Executive Order No. 11375 of October 13,
1967, so that such provisions'will be binding upon each subcontractor
or vendor. The PRINCIPAL will take such action with respect to any
subcontractor or purchase order as the contracting agency may direct
as a moans of enforcing such provisions, including sanctions for
noncompliance: Provided, however that in the event the PRINCIPAL
r 28 '"
„SUF'PORT11/£
pGCUPJIENTS
FOLLOW"
becomes involved in, oi' is threatened With, litigation with a
subcontractor or vendor as a result of such direction by the
Contracting agency, the PRINCIPAL may request the CITY to enter
into such litigation to protect the interests of the CITY.
SECTION XX 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.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and
year first above set forth.
FERENDINO, GRAFTON, SPILIS, CANDELA
ATTEST:
BY:
Secretary
THE CITY OF MIAIiI, (a municipal
corporation of the State of Florida)
ATTEST:
BY:
City Clerk City I•ianager
APPROVED AS TO CONTENT APPROVED AS TO FORM & CORRECTNESS
Director, Department of
Public
- - 29 —
/.///, •
City Attorney