HomeMy WebLinkAbout23467AGREEMENT INFORMATION
AGREEMENT NUMBER
23467
NAME/TYPE OF AGREEMENT
RUSSELL PARTNERSHIP, INC.
DESCRIPTION
AMENDMENT #1 TO PROFESSIONAL SERVICES
AGREEMENT/DESIGN CONSULTANT FOR MORNINGSIDE
PARK RECREATION BUILDING/FILE ID: J-92-580/R92-0570
EFFECTIVE DATE
April 16, 1993
ATTESTED BY
.
WALTER FOEMAN
ATTESTED DATE
4/16/1993
DATE RECEIVED FROM ISSUING
DEPT.
4/19/1993
NOTE
DOCUM • Nt LOG FORM /CITY MANAGER,' S OFFICE
Name of party(ies):
Document type:
Purpose:
Facility:
Date(s):
Department:
Contact person(questions):
Contact person(delivery):
RUSSELL PARTNFRSNTP
PROFESSIONAL SERVICES ACREEMENT
PROFESSIONAL AND TECHNICAL DESIGN
SERVICES
MORNINGSTflF PARK/RECREATION BLDG
EXECUTION THROUGH COMPLETION
PARKS AND RECREATION
DIANNE JOHNSON Tel.: 75-•5240
AN I TA_ MOORE
Tel .: 575-5240
42,1,00 + =r 0.A.331-st3
OXPE_II_SydREVENUE 1 1, 000 ACCOUNT(s) /PROJECT(s) 1,104 'TOVp/—a 6
Authorized by Resolution Ho. N/A, (ATTACHED) OR
APPROVED BY: Budget Director N/A (IF GENERAL FUNDS)
.CIP Administrator N/P. (IF CIP FUNDS)
Comm.Dev.Director N/A (IF C.D. FUNDS)
X All Ci ty requirements have been met and the
document(s) is(are) ready for execution
Dept. Director/Design
DEPT. DIRECTOR OR DESIGNEE
ACM/Advisor
giiature
Signa time
Date Rec.by Mgr's. Off.:
Date signed
Attested by
Returned to
by Mgr.:
City Clerk:
dept/office:
ORIGINAL TO CITY CLERK:
Date
Date
h 7/53
•
REV. 9/20/91
Karen:
Enclosed initial agreement w/Russell Partnership for $37,100.
was authorized by Reso 89-240 (attached).
Amendment #1, authorized by Reso 92-570, added $5,000 to
agreement.
The proposed Amendment #2 adds $3,000 more to the contract.
Dianne Johnson w/Parks advises that since dollar addition of
Amend. #2 is under $4500 it does not need Commission action.
Dianne advises Law Dept. did not inform her of need for CC
action at the time they reviewed Amendment.
AMENDMENT #2 TO PROFESSIONAL SERVICES AGREEMENT
DESIGN CONSULTANT FOR MORNINGSIDE PARK RECREATION BUILDING
This Amendment made this / day of
between the City of Miami, a municipal corporation of the State
of Florida, hereinafter referred to as the "CITY", and Russell
Partnership, Inc., a for -profit corporation of the State of
Florida, hereinafter referred to as the "CONSULTANT".
RECITAL
WHEREAS, the City Commission by Resolution No. 89-240
adopted March 3, 1989, authorized the City Manager to execute an
Agreement with the CONSULTANT to provide professional and
technicaldesign services for the construction of a new
Morningside Park Recreation Building, hereinafter referred to as
"PROJECT"; and
WHEREAS, an Agreement dated May 24, 1989 was duly executed
by the parties, and was subsequently amended on January 12, 1993
pursuant to Resolution No. 92-570; and.,
WHEREAS, during the Construction Drawings phase of work
performed under said Agreement, the PROJECT MANAGER, with the
consurrence of the Parks and Recreation Departmnet, asked
CONSULTANT to modify a portion of the completed plans,
specifically, to change the dimensions of the rear patio of the
Building to better facilitate recreational use; and
WHEREAS, CONSULTANT has advised that the additional
architectural and engineering services required to affect said
change could be performed at a cost not to exceed $1,000; and
LIEN REiup 4u ; i.l I
REVIEW, PLEASE IDENTIFY AS
q (4.)
PR #88-165/R(b) �?
- 1 --
WHEREAS, Subsection III.D.1 of the Agreement provides that
CITY may authorize CONSULTANT to performadditional work upon the
execution of an amendment to the Agreement; and
WHEREAS, funds in the amount .of-$3,000 aremade available
for this and other .unforeseen contingencies within the PROJECT.
budget and are provided under the Capital Improvement Program
Project No. 331313 entitled "Morningside Park Renovations",
pursuant to Ordinance No. 10938, adopted December 5, 1991; and
NOW, THEREFORE, CITY and CONSULTANT, for the considerations
hereinafter
set forth,
following particulars 1/
1.
agree to amend. the Agreement in
the
Subsection C of SECTION II "GENERAL" shall be modified as
follows:
"C.
The CITY has budgeted an amount not to exceed
$431,700 for the cost of the PROJECT as follows:
1.. .$ 43,600
a. $ 42,100
b. $ 1,500
2. $ 32,850
a. - $ . 3,100
b. $ 14,000
c. $ 10,500
1/
for design. services, including:
as the FEE to the CONSULTANT.
as the CONSULTANT'S allowance for
Reimbursable Expenses
Allowance for PROJECT costs to be
used. by CITY on the basis of
actual expenditures for:
cost of Site Survey
costs incurred by. the Public
Works Department. for Project and
Construction Administration
costs incurred by the Public
Works Department for Construction
Inspections for the Project
Words and/or figures stricken through shall be deleted.
Underscored .words and/or figures shall be .added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
PR #88-165/R(b)
2
d. $ 5,250
3. $350,000
$347,000
a. $319,500
$318,000
b.
4.
5.
$29.000
$ 5,250
$3,000
costs for Incidental Expenses for
testing, advertisement, printing,
and the like.
for all Construction as follows:
for the CONSTRUCTION COST of the
PROJECT
for Construction Contingencies at
approximately 0.5% 9.0% of the
CONSTRUCTION COST which may be
used as the cash allowance during
construction.
for ART WORK at 1.5% of the
CONSTRUCTION COST.
for Project Contingencies which
may be used for Additional Work
for the CONSULTANT, for
Construction or for ART WORK upon
the approval of the PROJECT
MANAGER "
2. Subsection B of SECTION VI "COMPENSATION" shall be modified
as follows:
"B.
Invoicing and Payment:
Additional Work authorized by CITY pursuant to
Subsection III.D.1 of the Agreement shall be invoiced
separately and paid by CITY upon acceptance of said
work."
3. The Agreement entered into between CITY and CONSULTANT dated
May 24, 1989 and amended January 12, 1993 shall remain in full
force and effect and shall not be deemed to be modified except as
modified herein.
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this Amendment #2 the day
and year first above written.
PR #88-165/R(b)
3
ATTEST:
tty Hirai, City Cler
ATTEST:
THE CITY OF MIAMI, a municipal
corporation of the State of
lorida
.By:
Cesar H. Odio, City Manager
CONSULTANT: Russell Partnership, Inc.
a Florida for -profit Corporation
By: 47�e���
Walter Martinez, President
CORPORATE SEAL
Federal Employer I.D. Number: 5`l - 25 74 5 17
APPROVED AS TO CONTENT:
APPROVED AS TO FORM AND CORRECTNESS:
inn nes, III, City Attorney e L
APPROV
D AS TO INSURANCE
REQU I,B MENT
k( Sujan Chaabra, Director
Risk Management Department
PR #88-165/R(b)
- 4
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9/111/92
I R(lllU( I.It
Scilli)I & Comilnny
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFRR.9
NO nl(:IrI's UI'oN'1'IIR CEIIrDICATF, 1101.OER. THIS CIiRTIFICATR DOES N('r AMEND,
EXTEND Olt ALTER THE COVERAGE AFFORDED BY THE POLICIES IIRI,OW,
P. O. Box 025220
Miami, FL 33102-5220
COMPANIES AFFORDING COVERAGE
coMrANY
LETTER A
('ODE SUE -:ODE
COMPANY
it
IN. tII(JiI)
',K1'1'ER
The Russell 1'nrtucrship
COMPANY
LETTER C
Ann: Mr. Carlos Ruiz, AIA
2733 S. W. 3r 1 Avenue
Miami
contt'ANY
LKI• F:R D
FL 33129
CoMrANY Lnndmnrk Americnn Ins. Co.
LrtirrER I'
i
('t). ERA 'U is?:
7'111S 18 To CERTIFY TIIA'1' THE POLICIES OF INSURANCE LISTED BELOW IIAVR BEEN 1RSUED To THE INSURED NAMED ABoVR FOR THE roucv rr,R101)
INDICATED NOTWITHSTANDING ANY REQUII(RMENr,TERM on CONDITION or ANYcoNrRACr OR Oi'IIF-R I)OCUI1(ENT WWII nESPF,CrTO WIIICIITHHIS
(:F.IT'IF7CATE MAY int ISSUED on MAY 1'ER 1 AIN, THE INSURANCR ArroR IEU IIY THE 1'01.ICIF9 OF.SCRIIIRD 11RRF.IN IS SURJItCr To ALLTIIR TERMS,
EXCLUSIONS AND CONDITIONS OFSUCII I'OLICIIt8. Limn S11OWN MAY IIAVE BEEN REDUCED BY PAID CLAIMS.
('tl
I.T1
TITIC OF INSURANCE.
POLICY N11mBER
I•ot.ICY EFFECT'IVK
DATE (M1IMA)D/YY)
I.OLICY RX1'IRATION
DATE. (MM1IA)D/YY)
ALL LIMITS IN THoUSAM)s
GENERAL
--
LIABILITY
GENERAL AGGREGATE
-{')��(gqVDUCcII1((,S'-CCO''If'{JRh'/__
COMMERCIAL CFNERAL LIABILITY
`2•RI(sot�At,71111
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CLAIMS M1tAI;6 I� OCCUR.
El{T1';{fti:—
INJURY
OWNER'S & C0NrnACPOR•S TROT,
EACII OCCURRENCE
•
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IIGG ERAFITIBR
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AUTOMOBILE
LIABILITY
ANY AUTO
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SCHEDULED AUPOS
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NON-otsNED AUTOS
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GARAGE LIABILITY
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•1 1.01•
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DAMAGE.
EXCESS
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EACH
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AGGREGATE
WORKERS' COMPENSATION
STATUTORY :`
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AND
(RAC I ACCIDENT/
EMPLOYERS' LIABILITY
(D1nBASE-r0L.l,tnt.)
(DISFASK-EA.Rnu'1,.)
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OTHER
Prof. Linbilily
CI'1-2002525
4/30/92
4/30/93
S1,000,000 En.Clnirn
$l,000,000 Ann.Agg.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEIIJCLES/SI'FCJAL ITEMS
(,t,It.t,tl,it.At.t,. tl;Utabl,t..:.....::...,..::.::::::::.::::.:....................:....•..::::::..:::.::...:..........
>E:.::..:::..<:.,.:..:..........................:::::.::.:::::::::::.::.........
City of A1inr11i
Dept. of i'nrks.Pc Rccrenlirnl
1390 N. W. 71l1 Sired
Alinmi, Florida 33125
SIIOUI.1) ANY OFTIIE ABOVE DESCRIBED rOLICIEs BP. CANCELLED BEFORE TIIE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL F.NDF,AVORTO
MAII, 30DAYS WRI•ITENNOTICE. TOTHE CERTIFICATE HOLDER NAMED TOTint
',Err, nur FAILURRTO MAIL SUCII NOTICE SHALL IMLOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE coMrAN1', ifs AGENTS OR RErRF.SENTATIVF.S.
AU'IIIORI/,ED REPRESENTATIVE-
•
J-92-580
9/22/92
RESOLUTION NO. 92- 570
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1,
IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
RUSSELL PARTNERSHIP, INC., THEREBY PROVIDING
FOR AN INCREASE OF .$5,000 FOR PROFESSIONAL
DESIGN SERVICES FOR THE CONSTRUCTION OF A NEW
RECREATION BUILDING IN MORNINGSIDE PARK;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331313 "MORNINGSI'DE
PARK RENOVATIONS".
WHEREAS, as provided under the Citywide Neighborhood Parks
Renovations Program, a competitive selection process was conducted
in accordance with Section 18-52.3 of the City Code to obtain
needed design services from qualified consultants in the fields of
architecture, engineering and landscape architecture for the
construction of a new recreation building in Morningside Park; and
WHEREAS, the design team headed by the Russell Partnership,
Inc., was identified as the most qualified and the City Commission
subsequently adopted Resolution No. 89-240 on March 3, 1989,
authorizing the City Manager to execute an Agreement with said
firm to provide professional and technical design services for
said project; and
LCONTAINED
CITY COMMISSION
MEETING OF
SEP24t92
Resolution No.
92- 570
WHEREAS, an Agreement dated May 24, 1989 was duly executed by
the parties; and
WHEREAS, during the design development phase of work under
said Agreement, test borings were conducted in the Park which
revealed that existing soil conditions necessitated unforseen
modifications to the plans, specifically, the provision of
extensive fill to attain the finish floor elevation and a deep
founding scheme requiring 10" precast concrete driven piles to a
depth of 15 to 20 feet to eliminate differential settling of the
new building; and
WHEREAS, it was recommended by staff of the Parks and
Recreation Department and the Public Works Department that funds
should be identified for said unforeseen modifications rather than
reducing the overall size of the building or quality of the
materials; and
WHEREAS, funds in the amount of $431,700 are available for
this project under Capital Improvement Program Project No. 331313
entitled "Morningside Park Renovations"; and
WHEREAS, said funding is now sufficient to cover the costs
of said project as follows: $350,000 for the original building
construction plan plus the proposed modifications and a parking
lot, a $5,000 increase in the fee to the design consultant for a
total fee of $42,100 plus $1,500 for reimbursable expenses, $5,250
for art work as required under "Art in Public Places" ordinances,
2
92- 570
and all administrative, incidental and inspection expenses as may
be incurred by the Public Works Department in amount not to exceed
$32,850;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute Amendment No. 1, in substantially the attached form, to
the Agreement dated May 24, 1989 between the City and the Russell
Partnership, Inc., thereby providing for an increase of $5,000
for professional design services for the construction of a new
recreation building in Morningside Park, with funds therefor
hereby allocated from the Capital Improvement Project No. 331313
"Morningside Park Renovations".
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of -.;- , 1992.
CITY CLERK
XAVIER . SUAR , MAYOR
3
92- 570
CAPITAL IMPROVEMENT PROGRAM REVIEW:
DUARDO DRI, tJEZ
C.I.P. AD INISTRATOR
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. Q I N J
CITY ATTO
CLL:ra:M
92- 570
RECEIVED
'AMENDMENT #1 TO PROFESSIONAL SERVICES AGREEMENT
DESK CeNSULTANT2 4
' FOR MORNINGSIDE PARK RECREATION BUILDING
MAT
r•,
ThisCmendment made this
between the City of Miami, a
RECI
16 JAN
, day o • ,_ �' �Z /bnd MATT
CITY
municipal co/Oration ration f the State CITY OF
of Florida, hereinafter referred to as the "CITY", and Russell
Partnership, Inc., a for -profit corporation of the State of
Florida, hereinafter referred toas the "CONSULTANT".
RECITAL
WHEREAS, the City Commission by Resolution No. 89-240
adopted March 3, 1989,, authorized the City Manager to execute an
Agreement with the CONSULTANT to provide professional and
technical design services for the construction of a new
Morningside Park Recreation Building, hereinafter referred to as
"PROJECT"; and
WHEREAS, an Agreement dated May 24, 1989 was duly executed
by the parties; and
WHEREAS, during the Design Development phase of work
performed under said Agreement, test borings were conducted in
the Park and revealed that existing soil conditions necessitated
unforeseen modifications to the plans, namely, the provision of
extensive fill to attain the finish floor elevation and a deep
founding scheme requiring 10" precast concrete driven piles to a
depth of 15 to 20 feet to eliminate differential settling of the
new building; and
WHEREAS, it was recommended by staff of the Parks and
Recreation Department and the Public Works Department that funds
171.538 IG5%fZ�a-�
should be identified for said unforeseen modifications rather
than reducing the overall size of the building or quality of the
materials; and
WHEREAS, funds in the amount of $431,700 are available for
this PROJECT under the Capital Improvement Program Project No.
331313 entitled "Morningside Park Renovations", as provided by
Ordinance No. 10938, adopted December 5, 1991; and
WHEREAS, said funding is now sufficient to cover the costs
of the original building construction plan plus the modifications
described hereinabove and a parking lot, as well as a $5,000
increase to the fee to the CONSULTANT, and all administrative,
incidental and inspection expenses incurred by the Public Works
Department; and
WHEREAS, the City Commission, by Resolution No. 92- 67Q
adopted- 24 , 1992, has authorized the City Manager to
execute this Amendment to the agreement dated May 24, 1989 with
the CONSULTANT, said amendment to reflect the required
modifications, including and increases to the overall PROJECT,
the Construction Cost and fee to the CONSULTANT;
NOW, THEREFORE, CITY and CONSULTANT, for the considerations
hereinafter set forth, agree to amend the Agreement in the
following particulars:
1. Subsection J of SECTION I "DEFINITIONS" shall be deleted in
its entirety and replaced with following:
2
"I. PROJECT - is hereby defined as the design and
construction of a new Recreation Building and an
ancillary parking lot in Morningside Park, located at
750 NE 55th Terrace, Miami, Florida."
2. Subsections C and E of SECTION II "GENERAL" shall be deleted
in their
entirety and replaced with following:
"C. The CITY has budgeted an amount not to exceed
$431,700 for the cost of the PROJECT as follows:
43,600
42,100
1,500
32,850
a. $ 3,100
b. $ 14,000
c. $ 10,500
d. $ 5,250
3. $350,000
a. $319,500
b. $30,500
4. $ 5,250
for design services, including:
as the FEE to the CONSULTANT.
as the CONSULTANT'S allowance for
Reimbursable Expenses
Allowance for PROJECT costs to be
used by CITY on the basis of
actual expenditures for:
cost of Site Survey
costs incurred by the Public
Works Department for Project and
Construction Administration
costs incurred by the Public
Works Department for Construction
Inspections for the Project
costs for Incidental Expenses for
testing, advertisement, printing,
and the like.
for all Construction as follows:
for the CONSTRUCTION COST of the
PROJECT
for Construction Contingencies at
approximately 9.5% of the
CONSTRUCTION COST which may be
used as the cash allowance during
construction.
for ART WORK at 1.5% of the
CONSTRUCTION COST.
D. The CITY agrees to pay and the CONSULTANT agrees
to accept as payment in full for all professional
and technical services rendered, as outlined in
SECTION III - PROFESSIONAL SERVICES hereof, the
FEE of Forty-two Thousand One Hundred Dollars and
00/100 ($42,100)."
3. Subsections A, B and C of SECTION VI "COMPENSATION" shall be
deleted in their entirety and replaced with the following:
3
"A. Basic Professional and Technical Services Fees:
For all professional and technical services required to
complete the PROJECT, as outlined in Section III
hereof, the CITY agrees to pay, and the CONSULTANT
agrees to accept as full payment for its services, the
FEE of Forty-two Thousand One Hundred Dollars and
00/100 ($42,100).
B. Invoicing and Payment:
CONSULTANT shall submit itemized invoices to CITY
indicating the type and percentage of services
performed, and the amount due. In the case of
incomplete Phases, CONSULTANT invoices shall further
indicate personnel responsible and number of hours
worked, if requested by CITY. Payment may be made
monthly in proportion to the services performed so that
the compensation at the completion of each design phase
shall equal the following percentages and amounts of
the total FEE.
Percentage of Progress Accumulated
Phase Fee Payment Payments
1. Schematic Design Phase 13% $ 5,565 $ 5,565
2. Design Development 22% $ 9,275 $14,840
3. Construction Documents ents 40% $ 16,750 $31,590
4. Bidding 5% $ 2,100 $33,690
5. Construction 20% $ 8.410 $42,100
TOTAL 100% $ 42,100
C. Reimbursable Expense
The CONSULTANT shall be compensated on a reimbursement
basis for certain PROJECT -related expenditures not
convered by the FEE, provided that such expenditures
have the advance authorization of the PROJECT MANAGER.
These Reimbursable Expenses shall include the purchase
of mylar sepias used on this PROJECT and the SPECIAL
CONSULTANTS ALLOWANCE to be used specifically for a
testing laboratory to conduct preliminary soil
investigations (core borings)."
4. The Agreement entered into between CITY and CONSULTANT dated
May 24, 1989 shall remain in full force and effect and shall not
be deemed to be modified except as modified herein. r
4
j
IN WITNESS WHEREOF the parties hereto have, through their proper
corporate officials, executed this Amendment #1 the day and year
first above written.
ATTEST:
THE CITY OF MIAMI, a municipal
corporation of the State of
Florida
+ By:
atty Hirai, City ler�7
ATTEST:
1A6)
orpor,Fite Secretary
Cesar H. Odio, City Manager
CONSULTANT: Russell Partnership, Inc.
a Florida for -profit Corporation
By: GUG-e4
Walter Martinez, President
CORPORATE SEAL
Federal Employer I.D. Number: 6q "2-6 7Z? 91 7
APPROVED AS TO CONTENT:
- 2-Q/-
APPROVED AS TO FORM AND CORRECTNESS:
A. Q ones, j1II, City Attorney C�
APPROVED AS TO INS RANCE
REQUIRE:
(4d
Sujan Chaabr-, Director
Risk Maiagemen Department
-FReE3 66/R 6,-)
5
PRODUCER
Seitlin & Company
P. O. Box 025220
Miami, FL 33102-5220
CODE SUB -CODE
ISSUE DATE (MM/DD/YY)
9/18/92
THIS CERTIFICATE IS ISSUED AS A WATER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. TEES CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER 'THE COVERAGE AFFORDED BY 'THE POLICIES BELOW.
COMPANIES AFFORDING.COVERAGE
COMPANY
LETTER
A
INSURED
The Russell Partnership
Attn: Mr. Carlos Ruiz, AIA
2733 S. W. 3rd Avenue
Miami FL 33129
LETTER
COMPANY
LETTER
COMPANY
LETTER
COMPANY
LETTER
COMPANY E Landmark American Ins. Co.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATE]) NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANYCONTTL4CT OR.CYTHER DOCUMENT WITH RESPECT' TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 'THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY FAH) CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE n OCCUR.
OWNER'S & CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
For oressional
ail operations of
co-erage,
is t
for cl/ims pre-
rf.nicy period for
the insLred
GENERAL AGGREGATE
PRODUCTS -COMP/
VPRIVATEVATE
INJURY
RTISING
EACH OCCURRENCE
FIRE DAMAGE
(ANY ONETEISON)
COMBINED
SINGLE
LIMIT
BODILY
INJURY
(PR. PER.)
BODILY
INJURY
(PR. ACC.)
PROPERTY
DAMAGE
EXCESS LIABILITY
-1 OTHER THAN UMBR. FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
EACH
• • OCCURRENCE
STATUTORY
AGGREGATE
(EACH ACCIDENT)
(DISEASE-POL. LIM.)
(DISEASE -EA. EMPL.)
OTHER
Prof. Liability
CPL2002525
4/30/92
4/30/93
$1,000,000 Ea.Claim
$1,000,000 Ann.Agg.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ER
eiAle '''
City of Miami
Dept. of Parks & Recreation
1390 N. W. 7th Street
Miami, Florida 33125
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATI
74F-gae4--/)
J-92-580
9/22/92
RESOLUTION NO. 92- 570
A RESOLUTION, WITH ATTACHMENT,. AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1,
IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE
RUSSELL PARTNERSHIP, INC., THEREBY PROVIDING
FOR AN INCREASE OF $5,000 FOR PROFESSIONAL
DESIGN SERVICES FOR THE CONSTRUCTION OF A NEW
RECREATION BUILDING IN MORNINGSIDE PARR;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331313 "MORNINGSIDE
PARK RENOVATIONS".
WHEREAS, as provided under the Citywide Neighborhood Parks
Renovations Program, a competitive selection process was conducted
in accordance with Section 18-52.3 of the City Code to obtain
needed design services from qualified consultants in the fields of
architecture, engineering and landscape architecture for the
construction of a new recreation building in Morningside Park; and
WHEREAS, the design team headed by the Russell Partnership,
Inc., was identified as the most qualified and the City Commission
subsequently adopted Resolution No. 89-240 on March 3,. 1989,
authorizing the City Manager to execute an Agreement with said
firm to provide professional and technical design services for
said project; and
ATTACH WI: (`. )
CONTAINED
CITY COM:'!SSION
MEET1t:G OF
S E P 2 t392
itesO1Ut107 ISO.
92- 570
WHEREAS, an Agreement dated May 24, 1989 was duly executed by
the parties; and
WHEREAS, during the design development phase of work under
said Agreement, test borings were conducted in the Park which
revealed that existing soil conditions necessitated unforseen
modifications to the plans, specifically, the provision of
extensive fill to attain the 'finish floor elevation and a deep
founding scheme requiring 10" precast concrete driven piles to a
depth of 15 to 20 feet to eliminate differential settling•of the
new building; and
WHEREAS, it was recommended by staff of the Parks and
Recreation Department and the Public Works Department that funds
should be identified for said unforeseen modifications rather than
reducing the overall size of the building or quality of the
materials; and
WHEREAS, funds in the amount of $431,700 are available for
this project under Capital Improvement Program Project No. 331313
entitled "Morningside Park Renovations"; and
WHEREAS, said funding is now sufficient to cover the costs
of said project as follows: $350,000 for the original building
construction plan plus the proposed modifications and a parking
lot, a $5,000 increase in the fee to the design consultant for a
total fee of $42,100 plus $1,500 for reimbursable expenses, $5,250
for art work as required under "Art in Public Places" ordinances,
- 2
92- 570
and all administrative, incidental and inspection expenses as may
be incurred by the Public Works Department in amount not to exceed
$32,850;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2.
The
City
Manager is hereby authorized to
execute Amendment No. 1, in substantially the attached form, to
the Agreement dated May 24, 1989 between the City and the Russell
Partnership, Inc., thereby providing for an increase of $5,000
for professional design services for the construction of a new
recreation building in Morningside Park, with funds therefor
hereby allocated from the Capital Improvement Project No. 331313
"Morningside Park Renovations".
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of , 1992.
CITY CLERK
XAVIER SU ., MAYOR
- 3
92- 570
0
CAPITAL IMPROVEMENT PROGRAM REVIEW:
DUARDO DRI fXtJE Z
C.I.P. AD INISTRAroR
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
92- 570
J-89-226
2/14/89
RESOLUTION NO. 89-24C
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER -TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE -RUSSELL PARTNERSHIP,
INC. 'FOR PROFESSIONAL DESIGN 'CONSULTANT
SERVICES FOR THE MORNINGSIDE RECREATION
BUILDING PROJECT, AT A FEE TO THE CONSULTANT
IN THE AMOUNT OF $37,100; ALLOCATING FUNDS
THEREFOR,' FROM PROJECT NO. 331313 ENTITLED
"MORNINGSIDE PARK RENOVATIONS".
WHEREAS, by Ordinance No. 10364 adopted January 14, 1988 the
City of Miami created the capital improvement project entitled
"Morningside Park Renovations" and appropriated funds in the
amount of $450,000 for its completion; and
WHEREAS, said project includes the replacement of that
park's recreation building at total estimated cost of $350,000
and the installation of fencing and other amenities at a cost of
$100,000; and
WHEREAS, said appropriations were reaffirmed by Ordinance
No. 10521 adopted November 17, 1988; and
WHEREAS, it was determined that the replacement of the
Morningside Park Recreation Building would require professional
architectural and engineering services that could best be
provided by an outside consultant; and
WHEREAS, the City Commission by Resolution No. 87-556
adopted June 11, 1987, designated the Morningside Park Recreation
Building Project as a Category B project, appointed a
Certification Committee and a Chairman of the Selection Committee
and directed the City Manager to seek the services of interested
professionals to serve as the design consultant(s) for said
project; and
WHEREAS, pursuant to public notice, proposals were received
on April 27, 1988 and duly evaluated by the Certification and
Selection Committees; and
L:ITY COMMISSION
• e MEETING OF
MAR p3 1989 (7 RESOLUTION No. 9-240
REMARKS:
WHEREAS, the recommendation of the Selection Committee was
presented to the City Manager then to the City Commission on
August 8, 1988; and
WHEREAS, the City Commission, by Resolution No. 88-750,
approved said recommendation and authorized the City Manager to
negotiate an agreement with the ranking professional design
teams, beginning with the team ranked first; and
WHEREAS, the City Manager has completed negotiations with
the top ranked consultant, The Russell Partnership, Inc., and has
prepared the attached design consultant contract based upon said
negotiations; and
WHEREAS, said agreement calls for complete design services
through the completion of construction on said project, at a fee
to the consultant of $37,100;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form;/between the
City of Miami and The Russell Partnership, Inc., for professional
design consultant services to be provided for the Morningside
Park Recreation Building project at a fee to the consultant in
the amount of $37,100, with funds therefor hereby allocated
from the Capital Improvement Project No. 331313
entitled "Morningside Park Renovations". �/
Section 2.
This Resolution shall become effective
immediately upon its adoption pursuant to law.
ATT
1/
PASSED AND ADOPTED this 3rd day of
2/
HIRAI, CITY CLERK
March , 1989.
XAVIER L. SUAREZ
R
City Commission approval is required before
implementation of design proposed by the
herein firm. Input from the Arts in Public
Places Committee shall be obtained before
acquisition of the work of art related hereto
The herein authorization is further subject to
compliance with all requirements that may be
imposed by the City Attorney as prescribed by
applicable City Code provisions.
- 2 - 89-240
t
CAPITAL BUDGET REVIEW AND APPROVAL
EDUARDO ROIj9RIGUEZ
CAPITAL IMPROVEMENT PROGRAM
FIN REVIEW AND APPROVAL:
CAGARCIA,
FINAN DIRECTOR
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO;GE L. FE ANDEZ
CI Y AT
3
89-24C
PROFESSIONAL SERVICES AGREEMENT
DESIGN CONSULTANT: MORNINGSIDE PARK RECREATION BUILDING
between
CITY OF MIAMI, FLORIDA
and
The Russell Partnership, Inc.
PRF #88-165/R 2.10.89
Law Dept #88-498
V'.'-'F ; P ^TTTr. w_' - J F!,T r7771-177R
1'.� , 1 L TY _ i ,_.ram I::==ti l li'• AS
1{A
J
TABLE OF CONTENTS
SECTION TITLE PAGE
Recital 1
I. Definitions 2
II. General 4.
III. Professional Services 5
A. General Requirements 5
B. Requirements by Phase 7
1. Schematic Design Phase 7
2. Design Development Phase 9
3. . Construction Documents Phase 9
4. Bidding Phase 11
5. Construction Phase 12
C. Additional Basic Services 15
D. Additional Work Authorized By City 16
IV. Schedule of Work 17
V. City Services and Responsibilities 18
VI. Compensation for Services 19
A. Basic Professional & Technical Service Fee 19
B. Invoicing and Payment 20
C. Reimburseable Expenses 20
D. Special Consultants Allowance 20
E. Additional Work 21
VII. Consultant's Specialists 21
VIII. General Conditions 22
IX. Ownership of Documents 23
X. Ncn-Delegability 24
XI. Audit Rights 24
XII. Conflict of Interest 24
XIII. Award of Agreement 24
XIV. Construction of Agreement 25
XV. Successors and Assigns 25
XVI. Indemnification 25
XVII. Insurance 25
XVIII. Termination of Agreement 26
XIX. Right of Decisions 27
XX. Nondiscrimination 28
XXI. Independent Contractor 28
XXII. Minority Procurement Compliance 28
XIII. Contingency Clause 28
XXIV. Default Provision 29
XXV. Construction of Agreement 29
XXVI. Compliance with Laws 29
XXVII. Entire Agreement 29
XXVIII. Amendments 29
Corporate Resolution 31
PROFESSIONAL SERVICES AGREEMENT
s
This Agreement entered into this v9, day of /% j¢y
198,, by and between the City of Miami, a municipal corporation
of the State of Florida, (hereinafter referred to as "CITY",) and
The Russell Partnership, Inc., a for profit corporation of the
State of Florida (hereinafter referred to as "CONSULTANT").
RECITAL S:
WHEREAS, the Park Advisory Board recommended the
construction of a new recreation building in Morningside Park as
a part of the Citywide Neighborhood Park Renovation Project; and
WHEREAS, the City Commission accepted said recommendation on
November 11, 1987; and
WHEREAS, funding for the Morningside Park Recreation
Building is available through the Capital Improvements Program,
Morningside Park Renovations Project No. 331313; and
WHEREAS, by Resolution No. 87-556 passed and adopted on June
11, 1987, the City Commission approved the designation as a
Category 'B' Project, the Morningside Park Recreation Building
Project, appointed Walter E. Golby, Director, Parks Recreation
and Public Facilities Department, as Chairman of the Competitive
Selection Committee and established a Certification Committee of
not less than three professionals, qualified in the fields of
endeavor or practices involved-, to review the qualifications,
performance data and related information provided by those
responding to the City's Request for Professional Services, in
accordance with Ordinance No. 8965; and
WHEREAS, the City, through public advertisement and direct
mailing, solicited expressions of interest from qualified
consultants; and
WHEREAS, the Competitive Selection. Committee along with the
Certification Committee, evaluated the qualifications of those
firms who responded to the City's Request for Proposals, and
selected the firms most qualified to provide professional
architectural and engineering services for this project, all in
accordance with the Competitive Negotiations Act as defined in
1
,11
Florida Statutes, Chapter 287 and in City of Miami Code, Chapter
18-52.2 for the acquisition of professional services; and
WHEREAS, the City Commission, by Resolution No. 88-750 dated
August 8, 1988 approved the selection of The Russell Partnership,
Inc., as the most qualified firm to provide, along with the
designated sub -consultants, professional architectural and
engineering services for the new recreation building in
Morningside Park, located at 750 NE Terrace, and also authorized
the City Manager to negotiate an Agreement with it for the
professional and technical services required;
NOW, THEREFORE, in consideration of the covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
SECTION I. DEFINITIONS:
A. ART WORK - is hereby defined as the ART WORK to be
provided based on the scope of the PROJECT as set forth in City
Ordinance No. 8227, and Dade County Ordinance No. 73-77.
B. CITY - is hereby defined as the City of Miami, Florida,
which is a municipal corporation organized and existing under the
laws of the State of Florida.
C. CITY MANAGER - is hereby defined as the City Manager of
the CITY.
D. CONSTRUCTION COST - is hereby defined a,s the total final
hard construction contract cost of the PROJECT to the CITY but it
shall not include CONSULTANT FEES, the SPECIAL CONSULTANTS
ALLOWANCE, nor the cost of any survey, legal, finance,
administration or similar services and land acquisition furnished
by the CITY, nor any cost of furniture, furnishings or unattached
equipment purchased by, the CITY.
E. CONSULTANT - is hereby defined as The Russell
Partnership, Inc. together with all the firms identified as
members of the selected design team designated in SECTION V1",
F. CONSULTANT'S SPECIALISTS - are here defined as
individuals or firms who are either part of the CONSULTANT'S firm
or members of the design team selected to provide professional
and technical services related to the PROJECT.
G. DAYS - are here defined as calendar days unless
otherwise specified.
H. DIRECT TECHNICAL SALARY EXPENSE - is hereby defined as
the hourly cost of salaries of principals and employees directly
engaged on the PROJECT and the cost of those mandatory and
customary benefits such as statuary employee benefits, insurance,
sick holidays, pensions, vacations and similar benefits but not
including bonuses or profit sharing. The salary 'claimed shall be
substantiated by the CONSULTANT's accounting records and shall
not exceed forty-five dollars ($45) per hour for CONSULTANT'S
Principals' salary. Benefits are agreed to be thirty-five (35%)
percent.
I. FEE - is hereby defined as the amount of money the CITY
agrees to pay and the CONSULTANT agrees to accept as payment in
full for all the work rendered pursuant to this Agreement to
complete the WORK as further defined in SECTION III.
J. PROJECT - is hereby defined as the design and
construction of a new recreation building in Morningside Park,
located at 750 NE 55 Terrace, Miami, Florida.
K. PROJECT INSPECTOR - is hereby defined as the Inspector
of the PROJECT designated by the CITY.
L. PROJECT MANAGER - is hereby defined as the individual or
department who has been designated by the City Manager as the
Manager of the PROJECT for the CITY.
M. SPECIAL CONSULTANTS ALLOWANCE - is hereby defined as the
amount of money established by the CITY to cover costs associated
with professional and technical services, related to the WORK,
but other than that provided by the CONSULTANT as professional
and technical services covered under this agreement.
N. WORK-- is hereby defined as all the professional and
technical services to be rendered or provided by the CONSULTANT
for the PROJECT, as described in SECTION III.
SECTION II. GENERAL:
A. The CONSULTANT and the CITY are fully aware of the
Schedule of Work requirements as defined under SECTION III and
will therefore proceed with all diligence to carry out the WORK.
The CONSULTANT shall proceed with all applicable dispatch in a
sound, economical, efficient and professional manner, and shall
comply with the provisions of all applicable Federal, State and
Local Codes, Ordinances and Laws.
B. The CONSULTANT shall perform. the professional and
technical services as hereinafter set forth and in general
accordance with the instructions of the CITY.
C. The CITY has budgeted the amount of $350,000 for the
total cost of the PROJECT as follows:
1. $38,600 For design services, including:
a. $ 37,100 FEE for the CONSULTANT
b. $ 1,500 SPECIAL CONSULTANTS Allowance, such
as a testing laboratory for soil
investigation
2. $ 16,700 allowance for PROJECT Costs to be
used on the basis of actual expenditures for:
a. $ 12,900 (estimated) Projected Expenses for
inspection, surveys, and related
costs.
b. $ 3,800 Incidental Expenses for testing
(concrete), printing and related
costs.
3. $273,730 for all construction as follows:
a. $ 260,040 for CONSTRUCTION COST of the
PROJECT
b. $ 13,690 for construction contingencies at
5% of all construction to be used
as the cash allowance during
construction.
4. $16,800 for overall project contingencies
at 4.8% of the total PROJECT.
.f
5. $4,170 for ART WORK at 1.5% of the
Building CONSTRUCTION COST.
E. THE CITY agrees to pay and the CONSULTANT agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION II - PROFESSIONAL
SERVICES thereof, the FEE of Thirty seven thousand one hundred
dollars ($37,100.).
SECTION III. PROFESSIONAL SERVICES:
A. GENERAL REQUIREMENTS
1. The CONSULTANT shall provide complete drawings, plans,
specifications and related bid and construction documents
required to complete the PROJECT, according to any and all
applicable City, State and Federal Codes, Statutes and/or laws.
Particular attention shall be paid to requirements pertaining to
access by the handicapped to ensure that the entire facility is
accessible.
2. Because of the City's concern for energy conservation and
operational efficiency it shall be fully understood that the
CONSULTANT shall pay particular attention to the design of all
energy systems and amenities required for the PROJECT with
emphasis towards conserving energy and operational efficiency.
Particular attention shall be focused on the different uses of
the PROJECT and the different demands for air-conditioning and
lighting, etc., within structures as well as site improvements,
plant material and irrigation systems, as may be appropriate for
the PROJECT.
3. The CONSULTANT and its SPECIALISTS shall work in close
coordination primarily with the PROJECT MANAGER and designated
City staff from the Departments of Parks, Recreation and Public
Facilities, Building and Zoning, and Public Works, forming a
Technical Committee, if necessary, to be headed by the PROJECT
MANAGER, to work on the PROJECT.
4. The CITY's review and approval of the WORK will relate
only to overall compliance with the general requirements of the
PROJECT and whenever the term "Approval by the CITY" or like term
w
ti
is used in this Agreement, the phraseology shall in no way
relieve the CONSULTANT from any duties or responsibilities under
the terms of this Agreement, State Law and from using the best
professional architectural, landscape architectural, engineering,
interior design and any other necessary services and practices.
5. The CONSULTANT and its SPECIALISTS shall, throughout the
course of this PROJECT, particularly in the initial development
and analysis stages, work along .with the CITY, with designated
representativesof the Park Advisory Board,,the Urban League,
and/or the community, and include their input and review in the
overall design process.
6. The CONSULTANT shall, in proposing the staging and sequence
of construction improvements for the PROJECT, take into
consideration the ongoing programs and events which may be
scheduled and work with the CITY to minimize the impact that the
construction may have on said programs and events.
7. The CONSULTANT and its SPECIALISTS shall be prepared with
the appropriate documents to attend, and participate in, along
with the PROJECT MANAGER, various public meetings as appropriate
during the course of the PROJECT. Prior to all public meetings
the CONSULTANT shall confer with the PROJECT MANAGER and related
staff to review and approve all documents presented to the
public. These meetings shall include but are not limited to the
following:
a. Park Advisory Board
b. Park users and area residents
c. The Miami City Commission for review, approval, and/or
discussion of various aspects of the PROJECT.
d. Pre -bid and Pre -Construction meetings.
e. Construction Meetings
f. Post Construction Meetings
8. The CONSULTANT shall, throughout the course of the entire
PROJECT, advise the PROJECT MANAGER of any adjustments to
previous Cost Estimates which may result from changes in any
aspect of the PROJECT or from market conditions or otherwise.
6
•
4
9. It shall be the obligation of the CONSULTANT to produce a
design which may be constructed. within the Project Budget or any
subsequent revision thereof approved by the CITY. Approval by
the PROJECT MANAGER of the Schematic Design and/or. Design
Development Documents includes approval of the construction Cost
Estimates unless otherwise advised, submitted therewith. If the
Cost Estimates for any of the phases are greater than the CITY's
budgeted amount set forth in SECTION II herein, the PROJECT
MANAGER may require the CONSULTANT to revise the documents
related to the specific Phase as necessary in order to bring the
CONSULTANT revised Cost Estimate within the CITY's Project
Budget. The work undertaken by the CONSULTANT in revising the
documents for the purposes of meeting the CITY's Project Budget
shall be considered as part of the CONSULTANT's Basic
Professional Services at no additional fee or cost to the CITY.
10. The CITY may designate all or portions of the construction
contract(s) as black and/or hispanic and/or female owned minority
business set asides and it will utilize its minority
participation goals, first source hiring and local preference
purchase procurement legislation in the bidding and construction
of this PROJECT.
B. REQUIREMENTS BY PHASE
In close coordination with the PROJECT MANAGER, the CONSULTANT
shall perform and be fully responsible for the following
professional and technical services which comprise the WORK:
1. SCHEMATIC DESIGN PHASE:
The Schematic Design Phase shall commence upon receipt of written
authorization to proceed from the PROJECT MANAGER. During the
Schematic Design Phase the CONSULTANT'S activities shall include
the following:
a. The CONSUTANT shall review the preliminary program
outlined by the CITY, as well as information from representatives
of the designated organizations and users of the existing
recreation building, to familiarize itself with the initial
programmatic needs and functional requirements.
7
•
b. The CONSULTANT shall inventory and inspect existing
structures, facilities, equipment, utilities, planting and other
such improvements to the building site and the immediately
adjacent area and shall document their structural integrity, life
expectancy, feasibility for adaption/removal with building
replacement, and their compliance with current building code
requirements, including life safety needs.
b. Based upon the above programmatic, functional and
existing improvement requirements, the CONSULTANT shall prepare
Schematic Design Documents consisting of drawings and other
documents illustrating the form, scale, and relationships of the
PROJECT components.
c.. The Schematic Design Documents shall include, but not
be limited to the illustration of location of structures, floor
plans, elevations, access and circulation, site improvements and
all other elements required to fulfill the CITY'S programmatic
needs. Also included shall be preliminary site utilities and
general information related to building and plant materials, and
methods of construction.
d. The CONSULTANT shallprepare a Cost Estimate broken
down into the various elements of the PROJECT for use in
evaluating the Schematic Design Documents.
e. The CONSULTANT shall present the Schematic Design
Documents for review, discussion and approval by the PROJECT
MANAGER, Technical Committee and representatives of the
designated organizations, as required, and revise said documents
as directed by the PROJECT MANAGER.
f. Upon finalization of the configuration of the
structures and overall site improvements, the CONSULTANT shall
prepare a Schematic Development Master Plan and Cost
Estimate.
g.
PROJECT MANAGER approves the. Schematic Design Documents,
The Schematic Design Phase shall be completed when the
including the Master Plan and ire
Cost Estimate.
8
2. DESIGN DEVELOPMENT PHASE:
The Design Development Phase shall commence upon completion of
the Schematic Design Phase and receipt of written authorization
to proceed from the PROJECT MANAGER. During the Design
Development Phase, the CONSULTANT'S activities shall include the
following:
a. Based on the approved Schematic Design Documents and
accompanying Cost Estimate, including any adjustments and
modifications authorized by the PROJECT MANAGER, the CONSULTANT
shall prepare Design Development Documents consisting of drawings
including plans, sections, and elevations, outline specifications
and other documents to fix and describe the size, scope, and
character of the entire PROJECT as to architectural and
engineering elements and systems, materials, interior and
exterior finishes, and other related elements appropriate to the
PROJECT.
b. The CONSULTANT shall submit an estimate of the
construction cost broken down into major categories and elements,
and including a list of long time lead items requiring early
purchase to meet the schedule.
c. The CONSULTANT may be required to make a formal
presentation of the Design Development Documents to the Park
Advisory Board, the City Commission, and/or others related to the
PROJECT and shall make modifications or revisions as directed by
the PROJECT MANAGER.
d. The Design Development Phase shall be completed when
the PROJECT MANAGER approves the final Design Development
Documents. -
3. CONSTRUCTION DOCUMENT PHASE:
The Construction Document Phase shall commence upon completion of
the Design Development Phase and receipt of written authorization
to proceed from the PROJECT MANAGER. During the Construction
Document Phase, the CONSULTANT'S activities shall include the
following:
a. Based on the approved Design Development Documents,
including any modifications and changes directed by the PROJECT
9
MANAGER, the CONSULTANT shall prepare all contract plans and
specifications as well as other contract and bidding documents
for the PROJECT. These documents shall conform to all applicable
local, state and federal, codes, ordinances and laws and shall
include all required architectural and engineering elements and
systems, materials, equipment, and finishes as appropriate for a
completed PROJECT.
b. The CONSULTANT shall continue to advise the PROJECT
MANAGER of any adjustments to previous Cost Estimates which may
be indicated by changes in scope, design, requirements, market
conditions or otherwise.
c. The CONSULTANT shall assist the PROJECT MANAGER in the
preparation of the necessary bidding documents, by preparing the
Bid Proposal and Special Provisions Sections as well as
modifications to the CITY'S Standard General and Special
Conditions Sections of the non -technical portion of the
Specifications, based on the CITY'S standard format and
documents.
d. The CONSULTANT shall submit a final estimate of the
CONSTRUCTION COST based on the final Construction Drawings,
Specifications and Bidding Documents, broken down into major
categories and bid items. The CONSULTANT'S Cost Estimate shall
be construed as an informed professional opinion of a responsible
expert and the CITY will rely on it as a reasonable approximation
of bids to be received. If the estimate exceeds the PROJECT
construction budget, the CONSULTANT shall revise the Construction
Documents at no additional fee to the CITY as part of basic
professional services unless the CITY approves an increase in the
budget.
e. The CONSULTANT shall submit the final construction
contract plans, specifications and bid documents to the PROJECT
MANAGER and/or members of the Technical Committee for review and
approval.
f. The CONSULTANT shall conduct and follow up on all
necessary dry -run checks of the Construction Drawings and
Specifications in connection with securing approvals and permits
from the City of Miami Departments of Building and Zoning, Fire,
Planning and Public Works and all other local, state and federal
governmental entities, authorities or departments having
jurisdiction over the PROJECT. By said acceptance and the
approvals as a result of the dry -run process, the CITY does not
relieve the CONSULTANT of any responsibilities, particularly
related to code compliance. Any revisions to the Construction
Documents to comply with building code and permit requirements
shall be made at no additional fees or costs to the CITY.
g. The CONSULTANT shall see that all Construction Contract
Plans bear the seal of a Florida registered professional
architect and/or engineer, as appropriate, and that the names of
the professionals responsible for major portions of each separate
specialty of the WORK appear on the Construction Contract Plans,
Specifications and Bid Documents.
h. The CONSULTANT shall deliver to the PROJECT MANAGER the
final reproducible Drawings, Specifications and related bid
documents for reproduction by the CITY for bidding of the
PROJECT.
i. The Construction Document Phase shall be completed when
the Drawings and Specifications have been delivered and are
approved by the PROJECT MANAGER, and/or Technical Committee, as
complete and ready for bidding and all dry -run approvals have
been obtained and the PROJECT is permittable.
4. BIDDING PHASE:
The Bidding Phase shall commence upon completion of the
Construction Document Phase and receipt of written authorization
to proceed from the PROJECT MANAGER. During the Bidding Phase,
the CONSULTANT'S activities shall include the following:
a. The CONSULTANT shall assist the PROJECT MANAGER in
obtaining bids, awarding and preparing contracts for
construction. This phase includes preparation of any addenda and
accompanying drawings or other material as required; taking part
in pre -bid conferences; responding to inquiries from prospective
-i C,-y
bidders and assisting in the evaluation of bids.
n
b. Should the bids exceed the construction budget by five
percent (5%), the CONSULTANT shall revise the Construction
Documents as necessary for re -bidding at no additional cost to
the CITY.
c. The Bidding Phase shall be considered completed when
the CITY executes a Construction Contract for complete
construction of the PROJECT.
d. If the Bidding Phase has not commenced within nine
months after the CONSULTANT submits the final Bidding and
Construction Documents to the PROJECT MANAGER, the BUDGETED
CONSTRUCTION COST shall be adjusted to reflect any change in the
general level of prices in the construction industry between the
date of approval of the Bidding and Construction Documents by the
PROJECT MANAGER and the date on which Bids are advertised. This
shall also apply to changes in the general level of prices that
may result from unanticipated modifications to federal, state
and/or local codes and ordinances applicable to the PROJECT which
occur after the final Bidding and Construction Documents are
submitted to the PROJECT MANAGER. The percentage of adjustment
shall be based on the Consumer Price Index for Metropolitan Dade
County, or an equivalent readily accepted trade index acceptable
to the CITY.
5. CONSTRUCTION PHASE:
During the Construction Phase of the PROJECT, upon execution of
the Construction Contract for the entire PROJECT and receipt of
written authorization from the PROJECT MANAGER the CONSULTANT'S
activities shall include the following:
a. The CONSULTANT shall work closely with the PROJECT
MANAGER or designated representatives in all stages of
construction work.
b. The CONSULTANT shall attend regular site meetings and
make periodic visits to the site to familiarize itself with the
progress and quality of the work to determine that construction
is proceeding in accordance with the Contract Documents and to
submit a written report on a basis of his observations after the
site visit. Based upon an estimated six (6) month construction
- 12 -
period, CONSULTANT shall make at least eighteen (18) site visits,
excluding final inspection(s). Based on its observations, the
CONSULTANT shall make recommendations on any work that should be
corrected and/or rejected. In addition, it shall assist the
PROJECT MANAGER in matters related to the Contractor's schedules.
However, the CONSULTANT shall not be required to make exhaustive
or continuous on -site inspections to check the quality or
quantity of the work. On the basis of such on -site observations
the CONSULTANT shall keep the PROJECT MANAGER informed of the
progress and quality of the work, and shall endeavor to guard the
CITY against deficiencies in the work of the Contractor.
c. The CONSULTANT shall assist the PROJECT MANAGER in
matters relating to the interpretation of Contract Documents and
in evaluating suggestions which might be submitted by the
Contractor.
d. The CONSULTANT shall review and approve or take other
appropriate action on the Contractor's submittal of shop
drawings, product data and samples and retain a copy of the
approved shop drawings and samples for the CITY's records.
e. The CONSULTANT shall review test reports required by
the Contract Documents and provide the PROJECT MANAGER with
written reports on all such tests.
f. The CONSULTANT shall witness all tests as may be
required to be witnessed by the Contract Documents and provide
the CITY with written reports of all such tests.
g•
The CONSULTANT shall assist the PROJECT MANAGER in the
preparation of bids for fixtures and furnishings and other
related equipment which may be required for the PROJECT. Upon
receipt of these bids, the CONSULTANT shall assist the PROJECT
MANAGER in their evaluation and make recommendations related to
the arrival and installation of said fixtures and furnishings.
h. The CONSULTANT shall furnish any additional details or
information required at the PROJECT site for proper execution of
the WORK and assist in the purchase of long lead items.
i. The CONSULTANT shall assist the PROJECT MANAGER in
determining the amounts owing to the Contractor based on site
observations and in evaluating the Contractor's Applications for
Payment.
j. The CONSULTANT shall prepare Change Orders for the
PROJECT MANAGER'S approval and execution in accordance with the
Contract Documents and shall have authority to order minor
changes in the work not involving an adjustment in the Contract
Sum or an extension of the Contract Time 'which are not
inconsistent with the intent of the Contract Documents.
k. During the course of the work the CONSULTANT shall
ensure that all guarantees, certificates, operation and
maintenance manuals, keying schedules, spare parts and other
items that have been specified in the Contract Documents, have
been submitted and reviewed and shall deliver all such items to
the PROJECT MANAGER prior to the date of beneficial occupancy.
1. The CONSULTANT shall furnish to the PROJECT MANAGER
within sixty (60) days after completion of the Construction Phase
of the PROJECT, record drawings in the form of the original
reproducible drawings of the Construction Contract plans, revised
to include all changes or modifications to the design made during
the Construction Phase as recorded by the General Contractor on
the set of drawings maintained by the Contractor at the site and
updated to include all changes and modifications throughout the
construction of the PROJECT.
m. After substantial completion, the CONSULTANT shall make
a list of items for correction and check each item as it is
corrected.
n. The CITY may elect to have beneficial occupancy of and
use any completed or partially completed portion of the PROJECT.
Such beneficial occupancy shall not be deemed acceptance of work
not completed and it shall not relieve the CONSULTANT of any of
his responsibilities under the terms of this Agreement.
o. At the completion of construction of the PROJECT, the
CONSULTANT shall deliver to the PROJECT MANAGER a written report
verifying that to the best of the CONSULTANT's knowledge the
PROJECT has been completed in accordance with the approved
drawings, specifications and change orders.
p.
The CONSULTANT will not be held responsible for the
means, method, techniques, sequences or procedures used, or for
safety precautions and programs in connection with the work
performed by the Contractor, but shall immediately report to the
PROJECT MANAGER any observations of conditions which in its
judgement would endanger persons or property or which might
result in liabilities to the CITY.
q. The Construction Phase shall be completed when the
CONSULTANT has delivered the aforesaid verification, record
drawings and the PROJECT is accepted by the CITY COMMISSION.
C. ADDITIONAL BASIC PROFESSIONAL SERVICES:
1. The CONSULTANT shall revise the Construction Documents
including 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
amountof the lowest acceptable bid received by the CITY for the
construction of the PROJECT is five (5%) percent or more in
excess of the final amount budgeted or approved for the cost of
the Construction Contract of the PROJECT.
2. Should an error or errors in the CONSULTANT's design,
design documents or plans, cause delay in the construction of the
PROJECT, and consequently result in delay of the CITY's
beneficial occupancy of the PROJECT without compensation of
damages from the contractor, the CONSULTANT agrees to seek no
additional compensation for the services required under this
Agreement, during the period of said delay.
3. Modification, additions, substitutes,, alterations and
extensions of the existing utilities including but not limited to
electrical, fire protection (alarm system, sprinklers and smoke
evacuation), plumbing, heating, ventilation and air
conditioning/heating systems (HVAC), for the scope of the PROJECT
are part of the basic services.
D. ADDITIONAL WORK AUTHORIZED BY THE CITY:
1. Additional or unforeseen WORK beyond the scope of the
PROJECT described herein may only be done by written amendment to
this agreement executed by the CITY MANAGER. At the CITY's
option for additional work, the CONSULTANT may be paid an agreed
upon fixed fee or be paid at a rate of two and one half (2.5)
times DIRECT TECHNICAL SALARY EXPENSE for those services
rendered.
2. If any of the following services are required of the
CONSULTANT and cause the CONSULTANT extra expense the CITY shall,
after authorization and subsequent acceptance of such work, pay
the CONSULTANT as specified in subsection D.1. above.
a. Revising previously approved program, drawings and/or
specifications to accomplish changes by the PROJECT MANAGER,
unless such changes are required to bring the CONSTRUCTION COSTS
within the budget as required herein or to meet building or other
code requirements.
b. Prepare documents as requested by the PROJECT MANAGER
for additional alternate bids and change orders.
c. Arranging for the work to proceed should the contractor
default due to a delinquency, substantial breach, insolvency,
death, dissolution or appointment of a receiver for its assets.
d. Providing extended contract administration and
observation of construction should the actual construction time
exceed the contract construction time. and require more than six
additional weekly site meetings, due to no fault of the
CONSULTANT. Construction contract time "shall include any time
extensions recommended by the CONSULTANT and approved by the
PROJECT MANAGER unless both parties agree that the cause of the
delay was totally beyond the control influence of the CONSULTANT.
e. In the event that delays not caused by the CONSULTANT,
require that WORK in all Phases of the Project, excluding the
Construction Phase, be delayed more than ninety (90) days, the
CONSULTANT may request additional compensation based on actual
expenses, if any, that may have been incurred by the CONSULTANT
during the time that the WORK on the PROJECT was placed on hold,
extended or suspended.
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SECTION IV. SCHEDULE OF WORK:
A. CITY staff shall endeavor to complete all functions related
to review and approval of the various phases within fifteen (15)
days of receipt of complete submissions. CITY review time shall
suspend CONSULTANT's schedule. It is understood and agreed by
both parties that time is of the essence and the following
schedule for the WORK will be strictly followed by the CONSULTANT
and the CITY. Wherever possible, CONSULTANT shall perform WORK
in such a manner as to reduce the amount of time spent in each
phase and to make the required submittals to CITY at the earliest
possible date.
1. Schematic Design Phase
The CONSULTANT shall complete the Schematic Design Phase
within thirty (30) days after receipt of written authorization
from the PROJECT MANAGER to begin WORK on this Phase.
2. Design Development Phase
The CONSULTANT shall complete the Design Development Phase
within sixty (60) days after receipt of written authorization
from the PROJECT MANAGER to begin WORK on this Phase.
3. Construction Document Phase
The CONSULTANT shall complete the Construction Documents
Phase within ninety (90) days after receipt of written
authorization from the PROJECT MANAGER to begin WORK on this
Phase.
4. Bidding Phase
The Bidding Phase is anticipated to require ninety (90)
days.
5. Construction Phase
The Construction Phase will commence with the execution of
the Construction Contract and shall be completed when all of the
conditions indicated in SECTION TILE. have been met.
B. In the event the CONSULTANT is unable to meet the above
schedule, or complete the above services because of delays
resulting from Acts of God or untimely review and approval by the
CITY and other governmental authorities having jurisdiction over
the PROJECT, and such delays are not caused by the CONSULTANT,
the PROJECT MANAGER shall grant a reasonable extension of time
for completion of the WORK. It shall be the responsibility of
the CONSULTANT to notify the PROJECT MANAGER promptly in writing
whenever a delay in approval by any governmental agency is
anticipated or experienced, and to inform the PROJECT MANAGER of
all facts and details related to the delay.
SECTION V. CITY'S SERVICES AND RESPONSIBILITIES
CITY shall furnish CONSULTANT with the following services and
information from existing CITY records and CITY Files:
A. CITY shall provide information regarding its known
requirements for the PROJECT.
B. CITY shall furnish, as available, 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, utilities, trees, encroachments,
zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and date from existing records
on file in the Department of Public Works of CITY pertaining
to the existing Park and other improvements; and information
concerning available service and utility lines both public
and private, if required. CONSULTANT shall not be held
responsible for the completeness or accuracy of the
Department of Public Works' files.
C. If the CITY PROJECT MANAGER and/or the PROJECT INSPECTOR
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
CONSULTANT.
D. Upon request by CONSULTANT, CITY shall do all reproduction
and binding of the bidding and construction sets of the
drawings and specifications. CITY shall loan all existing
and applicable CITY aerial photographs to the CONSULTANT.
- 18 -
E. The City shall appoint a PROJECT MANAGER to act as liaison
between CITY and CONSULTANT, and CONSULTANT shall not start
work nor incur any expenses for any Phase of the WORK,
special conditions or change orders without having received
authorization from CITY'S PROJECT MANAGER to do so. Nothing
contained herein shall relieve CONSULTANT of any
responsibility as provided under this Agreement.
F. CITY shall furnish all required testing necessary for the
PROJECT including core borings, test pits, structural,
mechanical, chemical, soil, and mill and laboratory tests,
the services of a soils engineer or other special
consultants when deemed necessary by CONSULTANT and CITY;
and CONSULTANT shall be entitled to rely upon the accuracy,
completeness, and competence thereof.
G. CITY reserves the right to retain the services of a
Professional Quantity Surveyor to prepare Detailed
Construction Cost Estimates based upon the Design
Development Documents and the Construction Documents.
H. The services, information, surveys and reports required
shall be furnished at the CITY's expense and the CONSULTANT
shall be entitled to rely upon the accuracy and completeness
thereof.
I. The CITY shall furnish required information and shall render
approvals and decisions as expeditiously as necessary for
the orderly progress of the CONSULTANT's services and of the
WORK.
SECTION VI. COMPENSATION:
A. Basic Professional and Technical Services Fees:
For all professional and technical services required
the PROJECT, as outlined in SECTION III hereof, the
to pay, and the CONSULTANT agrees to accept, as a
for his services the FEE of Thirty-seven Thousand,
Dollars ($37, 100.00) .
to complete
CITY agrees
full payment
One Hundred
B. Invoicing and Payment
CONSULTANT shall submit itemized invoices to CITY indicating the
type of services performed, the personnel responsible and the
hours worked.
Payment will be made monthly, or by Phase, in
proportion to the services performed so that the compensation at
the completion of each Phase shall equal the following
percentages and amounts of the total FEE:
Percentage Accumulated
Phase of Fee Payment Payments
1. Schematic Design 15% $ 5,565 $ 5,565
2. Design Development 25% 9,275 14,840
3. Construction Documents 35% 12,985 27,825
4. Bidding 5% 1,855 29,680
5. Construction 20% 7,420 37,100
TOTAL
100% $37,100
C. Reimburseable Expense
The CONSULTANT shall be compensated for certain PROJECT -related
expenditures not covered by the DIRECT TECHNICAL SALARY EXPENSE,
provided such expenditures are previously authorized by the
PROJECT MANAGER.
D. SPECIAL CONSULTANTS ALLOWANCE
1. The CONSULTANT shall invoice separately for payment of
costs associated with the SPECIAL CONSULTANTS ALLOWANCE. Each
request for payment shall be accompanied by copies of the
invoices for which the CONSULTANT is being reimbursed, as
appropriate.
2. The CONSULTANT shall not expend funds related to the
SPECIAL CONSULTANTS without prior written approval from the
PROJECT MANAGER, and then only in amounts specifically designated
by each authorization. Invoices for services performed under the
said ALLOWANCE shall be separate and apart from those related to
the FEE, and must be accompanied by a breakdown of time and tasks
related to the expenditure. The CONSULTANT shall receive only
those funds from this allowance as are specificallyauthorized
and is not otherwise entitled to any or all of the monies
contained in the ALLOWANCE. Nothing contain in this Section
shall allow the CONSULTANT to invoice for services other than
those specifically authorized as stated herein.
D. Additional Work
Additional WORK approved by the PROJECT MANAGER shall be paid as
provided under SECTION III.D.
SECTION VII. CONSULTANT'S SPECIALISTS:
A. The. CONSULTANT proposes to have the following
specialists, either from its organization of as its CONSULTANTS
or associates to perform the services indicated:
1. Architectural
2. Structural Engineering
3. Mechanical Engineering
4. Electrical Engineering
5. Civil Engineering
6. Construction Administration
7. Cost Estimating
B. Selection of the CONSULTANT by the Competitive Selection
Committee, authorization to negotiate and approval of this
AGREEMENT by the City Commission was based, in part, on the
qualifications and expertise of the following architectural,
engineering, and other design firms proposed as the designated
SPECIALISTS: Maurice Gray Associates, Inc., structural and civil
engineering and S.D.M. Consulting Engineer, mechanical and
electrical engineering.
C. The CONSULTANT shall negotiate a fair and equitable
agreement with each of the designated SPECIALISTS and furnish the
PROJECT MANAGER with a copy of each sub -contract agreement in a
timely manner. The CONSULTANT may choose additional SPECIALISTS,
for which prior written approval from the PROJECT MANAGER must be
obtained, but shall not exclude those originally designated
without the prior written approval of the PROJECT MANAGER.
D. The CONSULTANT shall be responsible for all the work of
its organization, and that of its CONSULTANTS or SPECIALISTS.
Nothing contained in this Agreement shall create any contractual
relationship between any of the CONSULTANTS and/or SPECIALISTS
working for the CONSULTANT, and the CITY. It shall be understood
that the CONSULTANT is 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 VIII. GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and shall
be delivered by personal service, or 'by mail addressed to the
other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on the fifth
day after being posted or the date of actual receipt, whichever
is earlier.
CITY OF MIAMI CONSULTANT
Project Manager
Public Works Department
P.O. Box 330708
Miami, Florida 33233
Parks, Recreation and Public
Facilities Department
1390 NW 7th Street
Miami, Florida 33125
The Russell Partnership, Inc.
3692 SW 24th Street
Miami, Florida 33145
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall control.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing by an authorized signatory.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the United States, State of
Florida, Dade County or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified
to the extent necessary in order to conform with such laws, or if
not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full
force and effect.
SECTION IX. OWNERSHIP OF DOCUMENTS:
All documents developed by the CONSULTANT under this
Agreement shall be delivered to PROJECT MANAGER by said
CONSULTANT upon completion of the services required pursuant to
SECTION III and shall become the property of CITY. The CONSULTANT
agrees that all documents maintained and generated pursuant to
this contractual relationship between CITY and CONSULTANT shall
be subject to all provisions of the Public Records Law, Chapter
119, Florida Statutes.
The CITY reserves the right to reuse for follow-up
construction project(s) and/or for project(s) not related to this
AGREEMENT all Plans, Specifications and other documents produced
by the CONSULTANT under the terms of this AGREEMENT. Should the
CITY elect to reuse such Plans, Specifications or other
documents, the CITY, prior to such reuse, shall remove the
CONSULTANT'S name and seal from said Contract Documents, and the
CONSULTANT shall be fully relieved from any professional
liability in connection therewith. The CONSULTANT shall not be
entitled to any compensation for such reuse unless
the CITY.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which are given by CITY to CONSULTANT
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other purpose
whatsoever without the written consent of CITY.
agreed. to by
SECTION X. NON-DELEGABILITY:
The CITY is relying upon the CONSULTANTS unique professional
expertise in the performance of its services. The obligations
undertaken by the CONSULTANT pursuant to this Agreement shall not
be delegated or assigned to any other person or firm unless the
CITY shall first consent in writing to the performance or
assignment of such service or any part thereof by another person
or firm.
SECTION XI. AUDIT RIGHTS:
The CITY reserves the right to audit and review the records
of the CONSULTANT, including but not limited to billing and
payment documents and time sheets or records, at any time during
the performance of this Agreement and for a period of one year
after final payment is made under this Agreement. The CONSULTANT
shall keep and maintain its records in Dade County, Florida
during the operable term of this Agreement and section.
SECTION XII. CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who
presently exercises any function or responsibility in connection
with this Agreement has any personal financial interests, direct
or indirect, with CITY, except as permitted pursuant to this
Agreement. CONSULTANT further covenants that in the performance
of this Agreement no person having a conflicting interest shall
be employed. Any sunch interest on the part of CONSULTANT or its
employees shall be disclosed in writing to the CITY.
B. The CONSULTANT is aware of the conflict of interest laws
of the City of Miami (City of Miami Code Chapter 2, Article V),
Dade County Florida (Dade County Code Section 2-11.1) and the
State of Florida, and agrees that it shall fully comply in all
respects with the terms of said laws.
SECTION XIII. AWARD OF AGREEMENT:
The CONSULTANT warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
- 24 -
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
The CONSULTANT shall not engage during the period of this
Agreement the services of any professional or technical person
who has at any time during the period of this Agreement been in
the employ of the CITY.
SECTION XIV. CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SECTION XV. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein
their heirs, executors, legal representatives, successors, and
duly approved assigns.
SECTION XVI. INDEMNIFICATION:
The CONSULTANT shall indemnify and save the CITY, its
officials, employees, agents, and authorized representatives
harmless from any and all claims, liability, losses and causes of
action, in contract or in tort, in law or in equity, which may
arise out of performance of this AGREEMENT as a result of any
error, omission or negligent act, unless such act is caused by an
employee, agent or authorized representative of the CITY. The
CONSULTANT shall pay all costs from and
judgments, or decrees which may be entered
against any
and from and
orders,
against
all costs, attorneys' fees, -expenses and liabilities incurred in
the defense of any such claims, or in the investigation thereof.
SECTION XVII. INSURANCE:
The CONSULTANT shall not commence WORK on this Agreement
until it has obtained all insurance required under this paragraph
and such insurance has been approved by the CITY.
The Certificates of Insurance furnished to the CITY
Insurance Manager and PROJECT MANAGER prior to the commencement
of operations, shall clearly indicate that the CONSULTANT has
obtained insurance in the type, amount and classification as
required for strict compliance with this Paragraph, and that no
material. change or cancellation of insurance shall be effective
without thirty (30) days written notice to the CITY.
Compliance with these requirements shall not relieve the
CONSULTANT of its liability and obligations under this Section or
amr portion of this Agreement.
The CONSULTANT shall maintain during the term of this
Agreement the following insurance:
Professional Liability Insurance in the minimum amount of
$1,000,000 covering all liability arising out of the terms
of this Agreement.
Subconsultants (CONSULTANT'S
SPECIALISTS) shall provide liability coverage to the extent
of their responsibilities under this Agreement.
ALL insurance policies shall- be issued by companies
authorized to do business under the laws of the State of Florida
and shall be rated by A.M. Bests' Key Rating Guide (latest
edition)in a manner acceptable to the CITY; and which are
approved according to CITY specifications.
SECTION XVIII. TERMINATION OF AGREEMENT:
A. The CITY retains the right to terminate this Agreement at
any time prior to completion of the WORK without penalty to the
CITY. In that event, termination of this Agreement shall be in
writing to the CONSULTANT and the CONSULTANT shall be paid for
services rendered in each completed Phase prior to termination,
in accordance with SECTION IV COMPENSATION, provided, however the
termination of this Agreement occurs during an incomplete phase,
then the CONSULTANT shall be paid at the rate of two point five
2.5 times the DIRECT TECHNICAL SALARY EXPENSE for those services
rendered in such incomplete Phase provided, that the CONSULTANT
is not in default under the terms of this Agreement. In no case,
however, will the CITY pay the CONSULTANT a greater amount for an
1
incomplete Phase than would have been paid had the termination
been made at the completion of the Phase.
B. CONSULTANT may terminate this Agreement pursuant to the
following: if and when the CITY is in material default,
CONSULTANT shall serve notice to CITY specifying such default and
giving CITY sixty (60) days to cure such default. Should CITY
fail to cure said default within such time, then CONSULTANT may
terminate this Agreement. In that event, CITY shall pay
CONSULTANT for services rendered up to and no further than the
effective date of such termination.
C. In the event of termination for any reason, all documents,
including plans, etc., as set forth in SECTION VII OWNERSHIP OF
DOCUMENTS shall become the property of the CITY, with the same
provisions of use as set forth therein.
SECTION XIX. RIGHT OF DECISIONS:
All services shall be performed by the CONSULTANT to the
satisfaction of the PROJECT MANAGER 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 PROJECT MANAGER'S
decisions upon all claims, questions of fact, and disputes shall
be final, conclusive and binding upon the parties hereto, unless
such determination is clearly arbitrary or unreasonable. In the
event that the CONSULTANT does not concur in the judgement of the
PROJECT MANAGER as to any decision made, the CONSULTANT shall
advise the PROJECT MANAGER of it's non -concurrence and objection
in writing, present his written objection to the CITY MANAGER,
subsequent to advising the PROJECT MANAGER of his intention to do
so; and the PROJECT MANAGER and the CONSULTANT shall abide by the
decision of the CITY MANAGER. Adjustment of compensation and
contract time because of changes in the WORK that may be
necessary or be deemed desirable as the WORK progresses, shall be
reviewed by the PROJECT MANAGER and the CITY MANAGER and
submitted to the City Commission for approval, if necessary.
SECTION XX. NON-DISCRIMINATION:
A. The CONSULTANT will not discriminate against any
employee or applicant for employment because of handicap, race,
color, religion, sex or national origin. In the event of the
CONSULTANT's non-compliance with this Section of this contract,
this contract may be cancelled or terminated or suspended in
whole or in part and the CONSULTANT may be declared ineligible
for further CITY contracts.
B. The CONSULTANT will, in all, solicitations or
advertisements for employees placed by or on behalf of the
CONSULTANT, state that all qualified applicants will receive
consideration for employment without regard to handicap, race,
color, religion, sex or national origin.
SECTION XXI. INDEPENDENT CONTRACTOR:
The CONSULTANT, its employees, agents and specialists shall
be deemed to be independent contractors and not agents or
employees of the CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of the
CITY, or any rights generally afforded classified or unclassified
employees; further it shall not be deemed entitled to the Florida
Worker's Compensation benefits as an employee of CITY.
SECTION XXII. MINORITY PROCUREMENT COMPLIANCE:
The CONSULTANT acknowledges that it has been furnished a
copy of Ordinance No. 10062, The Minority and Women Business
Affairs and Procurement Ordinance of the City of Miami, and
agrees to comply with all applicable substantive and procedural
provisions therein, including any amendments thereto.
SECTION XXIII. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and is subject to amendment or termination due to lack
of funds, or authorization, reduction of funds, and/or change in
regulations or program.
4
SECTION XXIV. DEFAULT PROVISION:
In the event that the CONSULTANT shall fail to comply with
each and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
the CITY, at its sole option, upon written notice to the
CONSULTANT may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to the CONSULTANT
by the CITY while the CONSULTANT was in default of the provisions
herein contained, shall be forthwith returned to the CITY,
provided the CONSULTANT was given the opportunity to cure such
default and fails to do so within fifteen (15) days of receipt of
official notice.
SECTION XXV. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SECTION XXVI. COMPLIANCE WITH LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governements.
SECTION XXVII. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said project and
correctly sets forth the rights, duties, and obligations of each.
SECTION XXVIII. AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
a
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
dee/
TTY IRAI
City Clerk
ATTEST:
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
APPROVED AS TO INSURANCE
REQUIREMENTS:
Segundo/4erez,
Insur ce Manag
CESAR H. ODIO
City Manager
CONSULTANT: The Russell Partner-
ship, Inc., a Florida for -profit
corporation
By tali& / /'' /. 2. 211-8 4
Walter B. Martinez, Pre dent
Federal Employer ID #
' 25 7 4 5 I7
(affix Corporate Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
JO°GE . FE ANDEZ
City Attor ey
APPROVED AS TO DEPARTMENTAL
REQU I REMENTS :
rto Ruder, Director
arks, Recreation and Public
Facilities Department
APPROVED AS TO DEPARTMENTAL
REQUIREMENTS:
Al P&
Public Works Department
- 30 -
CORPORATE RESOLUTION
WHEREAS, the Russell Partnership, Inc. desires to enter into
an Agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By-laws
of the corporation;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the president and secretary are hereby authorized and instructed
to enter into a contract in the name and on behalf of this
corporation with the City of Miami upon the terms contained in
the proposed contract to. which this resolution is attached.
DATED this 21 day of {zg.$Uti R.y , 1989.
(SEAL)