HomeMy WebLinkAboutR-76-1103'SUPPORT
FS
FOLLOW„
ikESOLUTION NO. 764103_..._.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH THE
ARCHITECTURAL FIRM OF FERENDINO, GRAFTON,
SPILLIS, CANDELA, ARCHITECTS, ENGINEERS,
PLANNERS, FOR PROFESSIONAL SERVICES IN
CONNECTION WITH WORKING DRAWINGS FOR THE
CITY'S DOWNTOWN CONVENTION FACILITY, WITH
FUNDS THEREFOR ALLOCATED FROM THE CONVENTION
CENTER GENERAL OBLIGATION BONDS AND THE SALE
OF CERTAIN LAND AT VIRGINIA KEY TO THE MIAMI-
DADE WATER AND SEWER AUTHORITY.
T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached agreement with the architectural firm of
Ferendino, Grafton, Spillis, Candela, Architects, Engineers,
Planners, for professional services in connection with working
drawings for the City's Downtown Convention Facility, with
funds therefor allocated from the Convention Center General
Obligation Bonds and the sale of certain land at Virginia Key
to the Miami -Dade Water and Sewer Authority.
PASSED AND ADOPTED this 16TH day of DECEMBER , 1976.
MAURAC , ,OF RRE
"DOCUMEI;I INDEX
c ` (52'.J ITEM N0.
CITY CLERK
PREPARED AND APPROVED BY:
( -— �'
C --�
M. Steinfeld, Ijrs stant City Attorney
/
AS TO FORM AND CORRECTNESS;
,•
CITY COMMISSION
M►:ETING OF
DEC .51916
RESOLuIU1N +1U.7.7"/(Uy3.
REMA'I S:
1 PCOA:
2 6
CITY Ot IL.ornoi.
MitiZ,t1F'riC:r tviLtitOtiANDUI‘i
tibteph kt dtat3sie hot.. MC 1 0 WO
City Mahaqot
WAxtt tOnVention Center, Change
ih A/V, Contract
Charles L. Crumptitin
Assistant city Maha4e:td
agreomcnt th t.lic on. ivcrsity of t.li.imi Calls for an
aclvahccp aymont for lease of facilities' of $2,5 miiliOni: said
4.)aOlept being made at the start Of beneficial ocCnpancy. bUting
thc deVelopment and construction phases, progress payments ..,
Matching the City's expenditures are to he deposited in an in-
terest hearinq escrow account.
The reVi sod ay re ement between the City and the At chi tectilitAtineer
attached herewith indicates an increase in fee to the A/E'fOf
.$142,000 for the University's spaces which will be reimburs0.4
tq,the City at the completion of the'prOject.'T
".•
:.141addition, in response to the Public Works Employment Aotth*
,—..
,,--
'Start of on -site constrUction has been accelerated by alloWing
".fast track" construction methodsto be implemented.with four
Separate contracts for site work, foundations, structural worki
aUA general construction. The A/E agreeti.ent has been revised
to. reflect this process with an increase in fee of 1% of the
city's construction hudget of $8. 5 million or $85,000 with the
stipulation that the A/E's expenditures are limited to $8,500
for this until final announcement of the anticipated Public Works
grant is received. This additional fee will be reimbursable to.
the City from the Federal grant.
It is recommended that the Commission authorize the City ManageT,
to execute this revised agreement forthwith.
Imw
"SUPPORTIVE
DOCUMENTS
FOLLOW"
===
ti,tf i tUU tin
ti•
`'yii' t I t4b1,t1't'lt):'J AUTJt0Rt'L) NCB THE CITY t•1ANtCEtl
tt 1iLUTE THE ATTACHED ACRES 11i;:'1 WITH 'fiIE
`s�t12611`1'tC'1'URit1. F'll<<•1 O;' 1'K1t1i1JDINO, G12A1•'ToAl
t 1 t,Li t;, CANDELA/ ARCHITECTS/ 1: C;7.NEERS,
`1, NNENS, F'oR 1'EU1• l:!;:; I U.'1A1, SF:KVIC:I:S 7i1
'C;OtJNEC'1'1(HI WI'i'II WORKING UitAt•JIiIC,;=; FOR THE
C t J'Y' S D: rl;lJ`i•U:,i;J CONVENTION 1'AC I LI'I'Y, t•JI.TH
FUNDS '1'11N1tE1'Ult AI, ,) A U FROM '1'111: CCNV1:i4TIU11
l`F;11'J'I::1t (11:.:1;1iitT, UItLT(;:t't' I Cs:J BONDS A:.0 'I'nE st f 1
'O1' CERTAIN IJ J1t A'I VIiG1Sel\ KEY '10 T1IE MIiii'C
DAD)l: t•JA';'l:h A:JI.1 ;1;111:u AUTHORITY,
SOLVED BY '1'1t1: COMMISSION Or THE CITY OF I•i1AMI l {'LbRI riA:
i.,t.i'on 1. Tire city manacle): is he -ceby out:hori.2ed to
'::Et'Ctttr(r -t.he at.taci,c.d agreement with the architectural -firm of
t±,i-ahrli;u, Crofton, S1,.i l lir, Candela, Architects, Ennihu'srs,
larmors, for professional services in connection with working
tdrtW!ny:; for the C'i t y's Downtown Convention Facility, with
:i.tuhda therefor allocated from the Convention Center General
bbl.i.gati:w Mont:; and the sale of certain land at Virginia 1.ey
u .t:hr. i•lic .-Ua,::c Water. and Sewer Authority,
.i'., SS1.0 AND ADOPTEDthis
day of , 1976.
'PARED ANI) APPROVED BY:
/ .4 ' ' "71-L j`✓ _--
•J.
-- 1•i. :+tr.inf'f-,1,1, /to.,:talit " C'.ity Attorney
/ AS '1'O 1'Ol•1 AND CU1t1:RCT;d1i:SS:
• --.,.
,
iaau� ,JC'.i t p At �c�t n��,;
MAYO it
"SUPPORTIVE
DOCUMENTS
FOLLOW"
M
T
AGR} EMENT made this day of A.D, , 1976
nd between THE CITY OF t4IAMI, a municipal Corporation of the
Stte of Florida, hereinafter
SPILLIS, CANDELA,
called CITY and FERENDINO; GRAFTON,
Architects, Engineers, Planners, a Florida
Corporation, hereinafter called the PRINCIPAL.
WITNESSETH
WHEREAS, the CITY proposes to construct a 7,000* seat
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 and, 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
Convention Center General Obligation Bonds,
land at Virginia Key to the Miami -Dade
from the balance of the
and the sale of certain
Water and Sewer Authority; and will have $2.5 million from funds
to be provided by the University of Miami as advance payment of
lease; 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
WHEREAS, 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
;Onager to receive architectural proposals from architects and
Suh uit his findings to the City Commission for its consideration;
forthfkirthr directed the City t;anag^r to take such other actions
re, uirod to proceed toward the construction and development of
s7, GOO- scat Convention Center+
'SUPPORTIVE
J
FVLL_JW"
MHEREAS, the Commission of The City of Miami on July 31, '975
thetien No. 75-712 authotited and directed the City Mahager at
titst meeting in September, to submit names of three architedg.
tUal firms for the Commission to consider and select one for the
design of the new downtown 7,0001' seat Convention Center; and
WHEREAS, the Commission of The City of Miami by Motion .
14O.76-1053 adopted Nov. 18, 1976, authorized the firm of FerendinO,
tafton, Spillis, Candela to proceed immediately with working
"fast track" basis for the City of Miami Convention
drawings
on
a
Center Facility; and
NOW, THEREFORE,
tion hereinafter set
as follows:
the CITY and the PRINCIPAL for the considera-
forth, agree and covenant, one unto the other,
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 net; and
B. The PRINCIPAL shall perform the professional services as
lhereinafter set forth and in general accordance with the instructions
f the CITY, the UNIVERSITY and the AUTHORITY; and
C. The CITY BUDGETED AMOUNT is $13.00 million for construction
,000-+ seat downtown convention center. This $13.00 million
eludes the following:
1. $8.5 million for the construction of a 7,000t seat
downtown convention center, including 11/2% for art
work.
:The fee for the selected architectural -engineering
firm providInc, the rew..zired. profetasional and
technical services.
Futnitures and FurnIshint.7s.
And may have some additional funds for the design and
06APtruetion of a pad garage for the Off Street
"SUPP
ormvE
DOCUMENTs
FOLLOW"
AutherIty,
And will have up to $2.3581 million from the Univet ity
of Miami as an advance payment of lease for the constrUC-
tidn of the proposed James L. Knight international Center.
he PRINCIPAL shall design the PROJECT within the funds
a.alle to the CITY for this purpose; and
The CITY agrees to pay and the PRINCIPAL agrees to accept
its payment in full for all professional and technical services
rendered, as outlined in SECTION III - PROFESSIONAL SERVICES, hefrebf,
the LUMP SUM FEE OF SIX HUNDRED NINETY FIVE THOUSAND DOLLARS
($695,000.00).
F. The CITY authorizes the PRINCIPAL to proceed with the
Planning, Design and Inspection of the James L. Knight International
Center leased spaces for the University of Miami 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 or specifically ONE HUNDRED FORTY TWO THOUSAND DOLLARS
($142,000.00). 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 plan for the James L. Knight International Center
or provision for "fast track" construction.
G. The CITY authorizes the PRINCIPAL to proceed into working
drawings on a fast track basis with separate contract documents for
site work, foundations, structural work and general construction.
The fee for sequence packaging and supervision of multiple contract
documents shall be one percent of the CITY'S construction budget
of. $8.5 million or EIGHTY FIVE THOUSAND DOLLARS ($85,000.00) subject
to the approval of the Federal Government's General Services Admin-
istration, The PRINCIPAL shall not expend more than ten percent
(10 ;) of this artmount or EIGHT THOUSAND FIVE HUNDRED DOLLLARS
00) prior to January 26, 1977, the last day of acceptance
or ` the Public Works Employment Act grant for this project without
written authQrization of the CITY'S PROJECT DIRECTOR,
SECTION II - DEFINITIONS
. IT' herby defined as The City of Miami, Florid
_IT_ITY MANAGER _ .s hereby defined as the City manager
"SUPPORTIVE
DOCUMEN
FOLLOW"
DiRECTOR - is hereby defined at the bitddtdr�E
*tit Workt beparttent diTY,
b UNIVERSITY - ig hereby defined at the UniVdrSity tr
Miabi.Oral Gables.
Et AUTHORITY - is hereby defined as the pff..8treet Parkitg
AlithOrity, a semi -autonomous authority of the CITY.
P. PRINCIPAL - is hereby defined as ?erendino, Grafton,
Candela, Architects, Engineers, Planners of 800 Douglas
Road, Coral Gables, Florida.
G. PROJECT - is hereby defined as the construction of a 7 000k
seat convention center, including the James L. Knight International
Center, to be designed within the LUMP SUM FEE stipulated and possibly
a parking garage, a hotel, shops, restaurants, possible space for
Community and Public Agencies as may be determined during the
program development.
UPPORTIVE
OCUMENTS
FOLLOW"
H. ARC WORK - Art Work to be provided based on the scope of
the PROJECT as set eolith in the ordinance. It shall be incumbent
on the arc:hiteet, however+, to make ever/ possible effort to have
the art work included as a basics part of the PROJECT.
I. WORK is hereby defined as all the professional and
technical services to be rendered or provided by the PRINCIPAL
for the PROJECT) as described in SECTION III m PROFESSIONAL
SERVICES, hereof.
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 SUM FEE - is hereby defined as the amount of money
the CITY agrees to pay and the PRINCIPAL agrees to accept as payment
its 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.
DIRECT TECHINICAL SALARY EXPENSE - is hereby defined as
the straight -time protion of wages and salaries subject to Federal
Income Tax of the PRINCIPAL'S technical personnel (Principals,
Architects, Engineers, Planners, Designers, Draftsmen, Specifications
Writers and Technicians) engaged directly on the PROJECT. The DIRECT
TECHNICAL SALARY EXPENSE charred against the PROJECT for any personnel,
including PRINCIPALS shall not exceed TWENTY DOLLARS ($20. 00) PER ii0
UR
�7Li;,�rt�l I� p'r ewhichurwhichis hot to exceed Twenty-eight (28%) percent.
�'1"ll.ra
sk'.%T WN III - PhOi''r;1S1cttvllL SERVICES
+t,tr PRINCIPAL in close coordination with the CITY shall perfo 'r
th, 'cj Lows► e, profe ;l;Ional rind technical services comprising the
WQI1K ': sha1` t)e fully ve;spor4sitle for all the professional and
teenfltc; at.ects the •e° The C ' `' review and approved of the
tt,,,i)Vtkrelatv. ohl'y' to Overall Compliance with the genovdi
ot the VHWEGY and WheneVer the term "Approval by tilt
:r.
)rliii.oterms is n6ed ih this Agreement, the phraseology shail
11i0 Way relieve the VR:NC1PAL t4vom any duties or responsibilitiet
flder the termof this Agreement and from using the highest
PChitectural and engineering services and praCtiCes.
The PRINCIPAL shall, in the iireparation of Plans and 8pecifiea-
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
1. Complete a study which would set forth the criteria
necessary for the CITY to make a decision as to what
needed to proceed. The study shall include a
"SUPPORTIVE
DOCUMENTS
FOLLOW"
is forecast for future needs as a result of population
and social changes within the PROJECT zone of
influence. The PRINCIPAL shall make recommendations
regarding which of the needs should be satisfied
by the Convention Center first phase of construction
and which should be considered for later phases, if
such phases are found to be necessary.
The PRINCIPAL shall complete a written program
describing the physical fa--Iiiities necessary to
at ;fy th.,! needs of the CITY regarding a
'00ventl-on Conter. This report shall consider
Oevolopil!ent of the PROJECT, The
ProeXam tdl contain chapter fully
et,ierlWng the follow1/47);
no amount of '5pace endir the number o
4Pnillreto Le4Qcommodlte1 for the varim0..
(1tt014s to 1)(4 performed wittlin the
railivy 1,oth a Convention Center and
c;itoc,
(b)
The amount of space
Ok
neetitfd for, and type of
utilities to serve the Center.
pec i a 1 equipment ar►u syut ems requiretnentd
:Vehiele at►cl pedestrian access 14equiremente$
t`at'k ink", t equ i retnertt s .
Operating equipment,
Operational orgatlt atiOn.
Character of the Architectural benign (Interior
and Exterior) requirements,
Maintenance requiremehts.
Financial requirements,
Meeting Room requirements.
Service and Storage Area requirements
Food Service Facilities.
Energy Conservation considerations.
he 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?
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?
'Are all off -site access roads and walks available
and satisfactory? If not, what are the costs of
:developing adequate vehicle and pedestrian access?
I the :iite free.' and clear of all buildings and/or
ot1ter C cumbiances? If not, what are the costs
pv pctri hr the s i.e for new construction?
master plan of the
'i. s 1 t. to de a r t' i u l I I g
lventIon Center,
u ► of a Written Bel"
UPPORTIVE
DOCUMEN 1*S
FOLLOW"
illy the development of the
,ter Plan Report will be made
.eetural and Englneerifg
A484 At ehitec tufal SkL.=tChes, atvi ah A dhiteCtuta1
d ' . Modol, PROjF.CT DPVeloprnent Costa) PROJECT Trite
tredUle4 and Construction Phasing Study which shall
ind:idate 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.
The PRINCIPAL shall make a presentation to a full
City Commission of the Written Master Plan Report,
Drawings, Sketches, Preliminary Cost Estimates,
Renderings, Model and Tirne Schedules for the PROJECT.
The PRINCIPAL shall revise the Written Master Plan
Report, Drawings, Sketches, Preliminary Cost Estimates,
Tirne Schedule, and other documents as directed by the
City Commission.
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
the critical path.
The PRINCIPAL shall make presentations at Public
Hearings to groups and agencies as directed by
written request from the CITY.
SCHEVpitTIC DESIGN PHASE
During the Schematic
Design Phase, upon written authori--
rot' tihe CITY EANAGF,R, the PEII.;C1PAL shall:
ievi.ew the Programing and Master Planning with the
CITY to ascertain the requirements of the PROJECT
and siaa l confirm such requirements to tine CITY;
"SUPPORTIVE
DOCU M E T;
FOLLOW"
`'SUPPORTIVE
t done e0ences with the CITY as to the funCtiOI1al
iuit'ei,tents of the building including such require, -
Tents as environmental considerations (landscaping,
Aid Conditioning) fenestration), structural flexibility)
building security, emergency systems and initial Cost
parameters for various functions; and
For the interior, establish the functional require-
tnents 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
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
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.
:DESIGN DEVELOPMENT PHASE
During the Design Development Phase, upon written authori-
ti.on of the CITY and as directed b;; the CITY for the approved and
ccepted parts of the Program and Master Plan Phase and the Schematic
:Design Pna:ie, the PHINCJ.PAL shall:
1. Prepare Design Development Documents consisting of
plans, elevations and other drawings, and outline
sj,eciricatlons, all In order to fix and illustrate
tt�e si4e and character of the entire PROJECT in its
essentials as to location, kinds of material, type
of structure, wchafizal and electrical systems,
lit
locations) and such other" Wof'kS a's May be
t to the CITY an
St,, broken dowt1 into
Obligation or the
ffljc ti may
AMOUNT or
the CITY.
Studies and/or Design Development
be
constructed
any subsequent
Estimate be PROJECT OnSt'
major categories. It shall be
PRINCIPAL to pi'oduoe a design
within the CITY BUDGETED
revision thereof approved by
t 5h
Approval by the CITY of Schematic Design
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
the submission of a revised Estimate of PROJECT Construc-
-tion Cost within the CITY BUDGETED AMOUNT as part of the
PRINCIPAL'S BASIC PROFESSIONAL SERVICES at no addition
in fee to the CITY.
Submit completed Design Development Documents thereof
as required.
Adjust the scale model of proposed facilities, if
required by the CITY.
The PRINCIPAL shall make a presentation to a full
City Commission of the Design Development Documents,
Outline Specifications, Construction Cost Estimates,
iiendri 6s, Model and Time Schedules.
''Pt►e PRINCIPAL shell revise the Design Development
:Ducurt►cant .; and documents as directed by the
it * Commission,
e Design
Development 'taa5e 01411 be completed when the
o v0A 411c .aoeept.,s tine l,e54En Development Documents.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
11111111111111111.111111.11
Di CONSTRUCTION DuCU:,,
During the Con_;truCtions Documents phase, upon written
roved
dti:horiation of the CITY and in accordance with all the app b
:ted part of the Design Development Phase, the PRINCIPA
and acde p
shall:
in conformance with
oval laws and codes and will include such items as
the working drawings and specifications adequately
Setting forth in detail descriptions of the construc-
tion to be done and also the materials, workmanship,
finishes and equipment required for all architectural,
structural, mechanical, electrical, service -connected
equipment, (e.g. fixtures and equipment attached to
the facility electrically, mechanically, or structur-
ally) site development, landscaping,
bidding informa-
tion, and the special provisions of the Construction
Contract, Bid Proposal, the Construction Contract,
and other Construction Contract Documents.
In order to accelerate on site construction, the
construction documents phase is to be done on a "Fast
contract document
tcp
are all Construction contract plans and speci-
idations and other contract documents, except general
dnditions, for the complete PROJECT. These are to be
all applicable federal, state and
Track" basis. Provide
separate
packages for site work, foundations, structural work
and general construction.
Revise the construction contract plans and specifica-
and any other written report or written document
as required, to secure the CITY'S approval thereof.
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.
Varnish the CITY with Final Estimate of PROJECT
the completed working
broken down into major
tions►
Construction Cost based upon
drawi.tlys and specifications,
4t4'c:3c)r lea, The 1'RI UC1PAL' S
o,uittuct.ion Cost 51)411 Pe
°Qfessio iai
Estimates
construed
of PROJECT
•
as the informed
opinion of a responsible expert i'n the
- 1u
6
"SOP1.305ME
KI-S
pOC 01..W\N"
Sobj,et tuatLet and th►: C.i'i"i will rely on it as A
:rsc tt bl.e apprioxi"rrtation of bids to be received.
that all constt►urtioh cc,t►teadt plane and
peCificAttun;, (working drawings and speci.fica-
0:dn ,) bear they seal df either{ a Florida registered
rya `e5s:ional architect or engineer and that the
fafies or processionals responsible for major
pbrtiotls or each separate specialty of the WORK
;appear on the construction contract plans and
specifications.
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.
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 PRINNCIPAL shall provide the services of a
professional with the experience and capability
of designing such a system.
Because of the CITY'S concern for energy conservation
it shall be fully understood the the PRINCIPAL pay
particular attention to designing all of the energy
systems required for the PROJECT with emphasis towards
conserving energy. Particular attention will be
focused on the different uses of the PROJECT and the
different demands for air conditioning, lighting, etc.
aubnilt complet.e6 cc>►l:At-action contract plans
and,specifications to the CITY for a complete and
hest ;iled b't'v.ieh•J and approval.
Conduct all neco135414y dry.-VUfl checks of the
construction contract pails and speCification§
lr, conn► e ion with sec;; rini> the approval of a td
nec:e1504r,' ri*Trill p fair tq a. l go.jernmental. authorit4
'!g tit'AI: rfictlon over tree PROJECT after the -MY
:444)00vea and accepted in welting the construction
fLrd;:t plans and other contract documents. By said
� CCeptahce, the CITY dries not relieve the PRINCIPAL
.fitly l+eSpon5ibilities.
Vet' to the CITY the completed master set of
ot1stru tion contract plans and specifications and
othei` related pacts of the Construction Contract
including the Bid proposal, in such reproducible
fors( as may be specified by the CITY.
The Construction Documents Phase shall be considered complete
day
the CITY executes a Construction Contract for the construe-
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.
. BIDDING PHASE
1. Prepare any addenda, with accompanying drawings or
other material as require:., 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
Review the bids and make recommendations to the
-CITY MANAGER regarding the award of the construction
contract, be available if necessary to make these
recommendations to the CITY COMMISSION in person; and
Assemble and furnish the CITY MANAGER data for
publicity releases.
crake part in pre -bid cot:t erences with CITY and
pro$pectiVe bidders as re:;uired.
'tint:! Colmt.vw!Civil .,• 1 U once with the award of the
i It;Ic?t W »"
wuz'k Construction Contract, iPuring the Construction Phase, upon
authorization from the CITY, the 'R,NCIM shall s
liPPOrYTT
1 I
r e to familiarize
`�e �er'iodic visits to the site
ifndelf With the progress and quality of the work
.roc to determine that the work is proceeding in
•actordariCe with the Contract Documents; and
Provide day by day on -Site supervision and
jntpection of the PROJECT by assigning a per8On
Mutually acceptable both to the PRINCIPAL and
the CITY MANAGER as resident engineer, inspector)
r full_time.project representative to insure
that construction is bein 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
bocuments; and
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
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
provided by the contract between the CITY and the
Contractor; keep the CITY informed by weekly written
Progress Reports of the actual progress of the WORK
and the progress required: to adhere to the Critical
-Path construction: schedule; and
Constder, evaluat€:, and na=•:e recommendations to
the CITY for its review of an,; suggestions or
•
aiod ifications which might be submitted by the
Contractor for his approva7i.i do not authorize
deviation from the contact Documents without.
first notifying the CITT and the Surety; and
"SUPPORTIVE
DOCUMENTS
FOLLOW"
Make periodic visits to the sl,e
to familiarize
hself with the progress and quality of the work
to determine that the work is proceeding i1
ddbrdariCe with the Contract a7ocumenti; and
wide day by days on -site supervision and
hs section of the PROJECT by assigning a person
thUtually acceptable both to the PRINCIPAL and
Yee CITY MANAGER as resident engineer, inspector)
full-time project representative to insure
hat construction is beins. 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
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
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
provided by the contract between the CITY and the
Contractor; keep the CITY informed by weekly written
Progress Reports of the actual progress of the WORK
and the progress required to adhere to the Critical
Path construction schedule; and
Consider, evaluate, and r" :e recommendations to
the CITY for its review of any suggestions or
modifications which migLt be submitted by the
Contractor for his arpro ;`a.:;
do not authorize
d.eViatlon from ''tile Contract Documents without
first notifying the CITY and the Surety; and
"SUPPORTIVE
DOCUMENTS
FOLLOW"
Asti Ulu Oontliactoo to n,4nd the Intent or
heContract OneuiriontS at ake all decision's
th
4ttOrs relating to the'interpretatiOn of
the
ontract Documentsand
Virrnish any additional detailOr ihfOrMation whet
required at the job site for proper execution bf
the WORK; and
Make Written recommendatiOns fcr the CITY'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
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
'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
"SU P POPTIVFD
__f all tests results for permanent CITY records; see
DOCAJ METES that all tests required y the Contract Documents
are actually conducted; and inspect and approve all
r7r)! 41 n
testing; and
Beceive samp1e5 wOch are re'luired to be furnished
t the job P1te; recovii sate reoeived and from whom;
amine .54111 vi,mplq4 and noTify the CITY of his
44
=Th
CITY shall have the
pp.tbVal or rejeetiOn and Maintain busted/ Of
ApprOVed sampleS; and
Check and approve the Contrattor t denStrUdtibti
'ttdhedule; be alert te the OOmpIetiOn date and to
tbnditions which may Cause delay in completion or
vary from the Critical ?at sn (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
After substantial completion, make a list of items
for correction before final inspection,
-each item as it is corrected; and
In the case or additions to, or renovations of an
eXisting facility, which m.,1st 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
The PRINCIPAL and the Contractor are expected to
turn over to the CITY a completed facility, however,
right to take possession of,
...Of any work not completed and
relieve the PRINCIPAL of any of his responsibilities
under the terms of this Agreement.
16. Maintain at the job site orderly files for (1) corres-
usuppor feondence, (2) reports or :ob conferences, (3) shop
and check
rs.- y y
V V
...the
and use any completed or partially completed portion
Hof the PROJECT, notwithstanding the fact that the
time for completing the entire PROJECT or such
• portions may not have expired, but such taking
possession and use shall not be deemed an acceptance.
It shall in no way
"'drawings and (4) reproduions of original Contract
Documents including all af.,denda, cInnge orders and
additiowa drawings issuei subsequent to the award
Of the Contract! Keep a d9,1.1.y dlary or log boolc,
-reoprding houron the jo.o site, the work scheduled::.-
eOri►pl.i r h)..A tt►at- ►lily, wot'k actually
liEiit► th4t dFiy, t1►e Va i33dteaftS workitig
i ly and the t:i,uilim nt u: eci 3 v,-eatber Conditions,
.1r;t of visiting officials and jurisdiction, decision,
bbservat tons in general, and st ec i f is observations in
ftrdre detail as in the case of observing test procedures.
`fecoi'd names, addresses and telephone numbers of all
Contractors and Subcontractors; and
Upon request by the CITY PROJECT DIRECTOR, attend
and report to the CITY on all required conferences
held at the job site; and
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
Review the Construction Contractor's Requisition for
Payments, determine the amounts owing under the
Construction 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
"SUPPORTIVE the original reproducible drawings of the Construction
DOCUMENTS Ef�TS ,, Contract plans, revised to include all changes or
�
» modifications to the design made during the Construction
FOLLOWPhase; copies of all shop and working drawings, duly
approved by the PRINCIPAL and copies of all tests
results.
the c(,mpletion of cort1truc;.io 4 of the PROJECT, the
i'RI,L hrti. ► deliver to the CITY written certification that tie
-ceorUnoO With CITY approved
i'ff�J�7�.G' t�a:.� been�c�il.,Gz u�tN:� In
611 t;lau .ind 5 velfiea"pl:s .ir,,3 CI:Y approved change
oc.w7=r,; acid 0,1.1 furnish ii ch other written certificates ns may
1w by 1a:wa and •egi4attols a P 4:e e to the PROJECT.
MEE
t=
Plvise shall Lt ccr-.:,lete when the PRINCIPAL
certificates ic.:ttt s incl ding ryas built" plans,
and the City Con os lot, L s accepted said PROJECT,
Ourint.; all Phases, the PRINCIPAL sL .11 act as his own
tioP tlt;►tive to the CITY in all matter's I.Er taming to the PROJECT
but the PRINCIPAL shall have the right to aesignate, besides the
resident enE;tr eer or inspector, one additional person to aCt as the
PR INC I PAIL' S representative in his absence
CITY' S SERVICES AND R1 SPO:, IBILI T IES
:'ue 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.
The CITY shall furnish a Certified Land Survey of the site
givinr, 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; locations, 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 re; rodu,ti rc; and binding of the
bidding and construction sets of the 3rarrings and specifications;
an 'i lo, r1 all ex i ;t i rt,", and applicable C I T Y aerial photographs.
The CITY si'411 ai' I slut & {r:CTiECT0R to act as liaison
ex2rptiou of the Program
t►tAW
,„ . work nor incur
r�rrf I�i'1.aiYt:i4 /14411 "e 114TilC1 A7,4 f. • : not star t
l+ i';K or special conditions
r rr�i i'!i1 tip 11'f►I
4 3 or an ottloi' l'�1i1;.;e 01 : .-
ec4 .VeCl written authorization from
"SUPPORTIVE
V
DOCUMENT.
shall
the ( IT �.y' t 1(e)Jl'C C)IREC'I'OP to do `o. No1hin j contained herein tall
t'uli.010 the PRINCtPAL of by responsibility as provided under this
Agree cie b t t
P,liihe CITY shall furnish all regU1t ed testing necessary foe
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 Detailed Construction Coat
Estimates based upon the Design Development Documents and the
Construction Documents.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the Program 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. The CITY authorizes the PRINCIPAL to proceed with the
Planning, Design and Inspection of the James L. Knight International
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 ($10,000.00) or
specifically ONE HUNDRED FORTY TWO THOUSAND DOLLARS ($142,000.00) .
Under any circumstances, the revised LUMP SUM FEE shall not exceed
EIGHT HUNDRED NINETY FOUR THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS
6 5.00) . This amount dogs not include program and master planning
fog' the James L. Knight International Center or provision for "fast
trace cunstruction.. This LUMP SUM Ei.E will hereinafter be called
1.40 4AsIc F, This payiuent will be mode r.•.onthly in proportion to
porform d po that the eompprls ion at the completion.
SUPPQDT"- fE
FOLLOW"
i` each Phate ,sha1 . ei tia1 the o11i5
BAu10 FEE.
Brogtam and Master Plan ?hate
Schematic Design Phase
"T��
1 Fd` 5 1 ', z
benign Development Phase 'SUPPORTIVE
Construction Documents Phase 75% DOCUMENTS
Bidding Phase S0% FOLLOW"
Construction Phase 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 budget.
SECTION VI - SCHEDULE OF WORK
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. SCHEt'ATIC DESIGN PHASE
The Schematic Design Phase shall be delivered to the CITY
•
I'dAGER within 30 calendar d;y s after written authorization from
CITY MANAGER to begin WORK on this Phase.
C. Di'; I GN DE\'EL JP:•; N 1 PHASE
The Design Development Fbase shall be delivered to the
7 I! AGER within 30 calendar dare after written authorization'
m the CITY TANAGER to begin WOR4 on this Phase.
` the ti
(2O 4S` RUC.1'I(')id D )CLj,•.1.,,'l'S PHASE
The Construction Documents Prase, Bidding Phase and COW'
ctit ti Phase shall be in four separate cont act pa ckSgeS as per
the following schedule:
Completion of did Award bf
Contract Package bocumehts ,Cpetitn1.
Site Work Dec 17, 1976 ,fan 17, 1977 Jan 24, 1977
Foundations Jan 21, 1977 Mar 4, 1977 Mar 18, 1977
Structural Work Feb 25, 1977 April 15, 1977 Apr .29, 1977
General Construction May 27, 1977 Aug 19,1977 Sept 9, 1977
E. BIDDING PHASE
The Bidding Phase is projected to require tt» ty. ja_O) to
f..POOR.T'VF_
suety (60) calendar days according to this schedule.
?. CONSTRUCTION PHASE `
MO �\)t� 1.
The Construction Phase will commence with the award o'the
Site Work 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 regula-
tions 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. 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. They 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
LUh" SUMS H.J.. However, the CITY reserves the right to authorize the
Pi.tI, CIPA a to
provide additional services such as exotic landscaping
sand interior des iqn services if found necessary by the CITY, in which
ca5tt tho fee for these services will ba on 4 ne9otiated basis.
I:L"T1(J! 'iVi`1I TL:1ZMI;IATION OP AGREE::•.L: T
The CITY retains the right to terminate this Agreement at + nY
to eon1 )ietion of the WUEt without penalty tea the CITY.
ent shall be in writing toof this Agreem
In that Vet termination "'
the PRINCIPAL and the PRINCIPAL shall be paid for his services
rendered in each completed PHASE prig^ to termination in a.ccordande
with SECTION V - CWPENSATION FOR SEE:ICES, provided however that
the PRINICPAL is not in default under the term of this Agreement,
� :;�ent occurs during an
Ifj however, the termination of this AHpe
=
incomplete PHASE, then the PRINCIPAL shall be paid at the rate of
two and one-half (21) times Direct Te:hnIcai Salary Expense for
those services rendered in such incor..plete PHASE provided that
the PRINCIPAL is not in default under the terms of this Agreement,
In no case however, will the CITY pay the PRINCIPAL a greater
amount for this incomplete PHASE that: :could 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 Cr DOCUMENTS shall become the
property of the CITY, with the same provisions of use as set forth
in said SECTION XI.
SECTION IX - PRINCIPAL'S SPECIALIST
The PRINCIPAL proposes to have the following specialists,.
ther from his organization or as his consultants or associates,
either
to perform the services indicated:
A. Architectural
B. Structural
C Civil
D. Mechanical
Electrical
Air Conditioning
I:.
C Landscaping
r ,
w ? Ff
Acoustical
`interior Design
Convention Planner
f , ?1a'nne'
ery -ce r
"SUPPORTIVE
DOCUMENTS
FOLLOW"
ti Ii►t�t•rrt,
Others
'tie PliiNCIPAL Will b t'�'=, foie{Tts� �. ( 'ai th 'O K br his owri
or* ab1 atiort, and or his consultants 161 aa',3d61atea. Nothing contained
in thin Agreement shall create atiy contractual relation between any
Of the specialist working for the PR NCI1'AL and the CITY. It shall
be understood that the PRINCIPAL 1:; in no way relieved of any
responsibility under the terms of this Agreement by virtue of any
other professional who may associate with him in performing the WORK.
SECTION X ADDITIONAL PROFESSIONAi 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.
SEC ;1 XL. OWNERSHIP OF DOCUMENTS
All tracings, plans, drawing;:;, specifications, field books,
survG;; information, maps, contract dorneiltS, reports and other data
di"JE•.tti.iiet_1 as a result of this Ags'etr,eht shall become the property
A(t,t e CITY without restriction or limitation on their use. It is
cast i 1�u ate c that all infor•mat lots developed as a part of the
c,C{ a., .l trot be used by the iR,! ClP''L without written consent
"SUPPORTIVE
DOCUMENTS
FOLLOW"
further understood b arc b t een the parties th.t any
mation3 taps, contract documents) rep. -)its) tracings) pianie
awings, specifications) boosts of any other
fatter whatsoever
thin is given by the CITY to the PR:::cI:AL pursuant to this Agree -
tent shall at all times remain the property tf the CITY and shall
be used by the PRINCIPAL for any other p'arpose whatsoever withoUt
-he written consent of the CITY.
It is further understood that no
to be issued by the PRINCIPAL without
written approval from the CITY.
SEC TIOi XII - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or retained any
this Agreement that he has
press releases or publicity 1.8
prior submittal to the CITY
company or persons to solicit or secure
not paid or agreed to pay any company or person any fee, commission,
percentage, brokerage fee, or gifts or any cther considerations
contingent upon or resulting from the award or making of this Agree-
ment.
the
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 peric'd of this Agreement in the
employ of the CITY.
the CITY.
The PRINCIPAL is aware
The PRINCIPAL also warrants that to the best of his knowledge
belief no Commissioner, Mayor or other officer or employee of
CITY is interested directly or indirectly in the profits or
both
xis
This does not app
he City of Miami and Dade
shall fully comply in all respects
y tc retired employees of
of interest laws o
ids, and agrees that
1-th the terms of said laws.
I - EXTFNT OF r REEY,ENT
ri s Agreement represents the entire and integrated Agreement
between the CITY and the P RI CIPAI and supera des a ?1 prior
U r PC RTJ VE
DOCuIliEDITS
- 23
FC
itteh 'bti
inatrumeht by both
$i Cl IO 4 XIV c! ►SU CE SQ (S, . P__11�7Ji 34.,S
The PRINCIPAL shall make no assignments or transfer of thid
Agreement, or sublet, assign ov 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 factual unit cost. Such adjustments must be trade within one
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 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 I,iJ it SUM FEE. At the time the final increment of
that LUMP SUii FEE is due to k't. p°j'id by the CITY to the PRINCIPAL
pursuant to the terms of SjCTIoN v herein, the PRINCIPAL shall
�!al%adt to the C .TY a cevtl.fication of his total costs incurred and
profits nealized in providing the basic services as outlined in
U,QTIQV III ki reel uch certifIcation indicates profit in
"SUPPORTIVE
DC:CJ 1• ENT
111 1111111111111111 111
excess Of the tnaxitttum set forth above t,e rr INCIPAi:, bhal1
.� p to the CITY, The CITY i~eser�`e
simultaneously remit any o� erat
the right to audit the books and records of the PRINCIPAL and to
adjust the amount of any such repayment in the light of said
audit. In calculating
the total costs incurred by the PRINCIPAL'S
own staff, the PRINCIPAL shall use a percentage overhead applied
to the DIRECT TECHNICAL SALARY EXPENSE as defined in SECTION II
herein. The percentage overhead shall be equal to the actual
percentage overhead pertaining for all of the PRINCIPALS work in
the last twelve month period preceding the 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 apply.
SECTION XVII - INSURANCE SCE AND INDE •�NIr ICA T IO.+
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 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.
�r_..
T• n PRINCIPAL shall maintain durinc: the term of this Agreement
the following insurance
A. Public Liability Insurance in amounts not less than
$100 000.00 per person and $300,00J 30 Vier accident for bodily
y , injury and 0, $� r000.00 per accident for property damage.
Automobile Liability lnsuranct! covering all owned, non-
aNa ire vehicle in aioUnts as ir,d1cated in paragraph "A"
"SUPPORTIVE
DOCUMENTS
FOLLOW"
►ofess onal bi itY insure attoUht
bii t a3 is he ut f. the terTh
000400 covering all lia y
this Agreement.
b. Employers Liability insurance
Paragraph "A" above.
. Workman's Compensation
amo ots.
The insurance coverage required shall include those classitiCa-
tions as listed in standard liability insurance manuals, which most
nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies authorized
to do business under the laws of the State of Florida; and which
are approved according to specifications of the Property Manager
or 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 jtthis`/Section
or under any portion of this Agreement. SU Pi O ;TI �+ E
DOCUMENTS
SECTION XVIII - RIGHT o DECIS CNS FOLLOW"
All services shall be perforr'.Ld by the : PI1+CIFAL to the
satisfaction of the Director of Pul>>i c Works who shall decide all
questions, difficulties and disputes of whatever nature which may
arse under or by reason of this Agreement, the prosecution and
cui.f►lliaej t of the services heret.A de=', and the character, quality,
arr."aunt, and value thereof , and the DIR CTC?.'S decisions upon all
0 .u.l.r s, questions of fact, and QisPutes shall be final, conclusive
and wind .ng, upon the parties hereto; unless such determinatton is
in
nlIIIII 1111I I 1 1 1111111111111111111111
dle atbitraty or UnreatAonab1e4 In the event that the PRINCIPAL
does not concur in the judgement c1 the bIRtcTOR b.8 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 NANAOER. Adjustment of compensation
ani contract time because of any changes in the WORK might become
necessary or be deemed desirable as the WORr: progresses shall be
reviewed by the DIRECTOR and the CITY D1ANAGER and submitted to the
"SUrromivE.
CITY COMMISSION for approval.
SECTION XIX - NON-DISCRIMINATION
A. The PRINCIPAL will not
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 national 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
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. Tne 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, religlon, sex or national origin.
C, The FRINCIPAL will send to each labor union or representa-
tive of workers with which he has collective bargaining agreement
or other contract or understandinL;, a notice, to be provided by the
agenc4 Personnel Officer, advisAN6 the labor union or workers'
representatIxe of the contractor's Co7.mitrnents under, this Equal
opportunity e1ause, and shall post copies of the notice in conspicuoLu,
Plate" av41-labl to emPIQY" and aPPlicants for employment,
DO C L.I M ENTS
FOLLOW"
discriminate against any employee
agrees to
The pRit1CI'At will damply with all ;,roVisio ►s 0`
;xedUtiVe Order no, 11246 of Septembers 24) 1965, as amended by
.-
Exeou,,ive Order ,, No, 11375 of October 13, 1967, and of the rules,
regulations and relevant orders or the Secretary of Labor.
E The PRINCIPAL will furnish all information and reports
required by Executive Order No, 11246 of Ser:cmber 24, 1965, as
�
amended by Executive Order flo'- . 11375 of Octcber 13, 1967, and by
the rules, regulations and order of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records
and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
F. In the event of the PRINCIPAL'S noncompliance with the
Equal Opportunity clause of this contract or with any of the said
rules, regulations or orders, this contract may be canceled,
terminated or suspended, in whole or in part and the PRINCIPAL may
be declared ineligible for further CITY contracts in accordance
with procedures authorized in Executive Order No.
11246 of
September 24, 1965, as amended by Executive Order No. 11375 of
13, 19,07, ' and such other sanctions nay be imposed and
October
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
Labor, or as otherwise provided by law.
G. The PRINCIPAL will include the provisions of XIX A through
XIX
Gin every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued
rules,
204 of Executive Order No. 11246 of September
pu.°s'-���rjt to Section
24 565, as ar:ended by Executive Order No. 11375 of October 13,
each subcontractor
will be bi.ndin�; upon
19�7, : a that such provision:;1••
tarhe PRINCIPAL will take ouch act.i on with respect to any
Or ����� . direct
u1.}contractor or purchase order' as the contracting agency may
as a means of enforcinx, such provisions, including sanctions for
or p1 anceided ha';tthat ire
the event the PR1TICIPAL
"SUPPORTIVE
DOCUMENTS
FOLLOW„
MEW
MrFa
a
bttOmeg inVolVed ihf Or is threatened with, litigation with a
§Uhdontractor 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 interest of the CITY.
S8CTION 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.
The herein agreement supersedes in ih3entirety the prior agree-
ment executed and dated April 8, 1976.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and
year first above set forth.
ATTEST:
ti-trp.e tATT: t"); AT Li
ryr!"-1 !';
""!'•
ATTEST:
tity Clerk
FERENDINO,
BY:
ILLIS, CANDELA
THE CITY OF MIAMI, (a municipal
corporation of the State of Florida)
City Manager
APPROVED AS TO CONTENT APPROVED AS TO FORM & CORRECTNESS
ro-jectyirector
rt.
. .
City Attorney
NMI
mg: