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HomeMy WebLinkAbout23536AGREEMENT INFORMATION AGREEMENT NUMBER 23536 NAME/TYPE OF AGREEMENT RUSSELL PARTNERSHIP, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/DESIGN OF NEW RECREATION BUILDING/FILE ID: J-92-580/R-92-0570 EFFECTIVE DATE January 12, 1993 ATTESTED BY WALTER FOEMAN ATTESTED DATE 1/13/1993 DATE RECEIVED FROM ISSUING DEPT. 1/13/1993 NOTE DOCUMENT LOG FORM /CITY MANAGER'S OFFICE a363e DEPT. DIRECTOR OR DESIGNE ACM/Advisor *Name of party(ies): Russell Partnership, Inc. Document type: Professional Services Agreement Purpose: Design of New Recreation Building Facility: Date(s): Department: Contact person(questions): Contact person(delivery): Morningside Park increase of $5,000 from $37,100 to $42,400 Parks & Recreation D.E. Johnson Anita Moore Tel.: 5240 Tel.: 5240 EYENUE $ 42,4100 ACCOUNT(s) /PROJECT(s) C(k 33I31 -e 201- Authorized by Resolution No. 92-570 ATTACHED) OR APPROVED BY: Budget Director N/A CIP Administrator N/A Comm.Dev.Director N/A (IF GENERAL FUNDS) (IF CIP FUNDS) (IF C.D. FUNDS) X.,:A11 City requirements have been met and the document(s) is(are) ready for execution Dept. Director/Designee Date Ignatur Signature Date Date Rec.by Mgr's. Off.: Date signed by Mgr.: Attested by City Clerk: Returned to dept/office: ORIGINAL TO CITY CLERK: REV. 9/20/91 AMENDMENT #1 TO PROFESSIONAL SERVICES AGREEMENT DESIGN CONSULTANT FOR MORNINGSIDE PARK RECREATION BUILDING This Amendment made this /? day o �z� r 1 / by and between the City of Miami, a municipal co oration Vf 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 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 "rite -165/ ( ) 1 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. 92-57() adopted . 9 , 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: "I. PROJECT - is hereby defined construction of a new Recreation ancillary parking lot in Morningside 750 NE 55th Terrace, Miami, Florida." as the design and Building and an Park, located at 2. Subsections C and E of SECTION II "GENERAL" shall be deleted in their "C. entirety and replaced with following: 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 2. $ 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: "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 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. IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, first above written. ATTEST: Matty Hirai, City Cler ATTEST: 11)6 orpor:te Secretary Federal Employer I.D. Number: APPROVED AS TO CONTENT: executed this Amendment #1 the day and year THE CITY OF MIAMI, a municipal corporation of the State of Florida 4 2L .. .;, By: Cesar H. Odio, City Manager CONSULTANT: Russell Partnership, Inc. a Florida for -profit Corporation By: 4G04 Walter Martinez, Present CORPORATE SEAL 561- ^2-5 71i 5'1 7 APPROVED AS TO FORM AND CORRECTNESS: A. Qu ones, II, City Attorney APPROVED AS TO INSURANCE REQUIRE • Sujan Chaabr-,Director Risk Managemen Department 16 EAR. �0,-) 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 MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIIE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TIIE COVERAGE AFFORDED BY TIIE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER INSURED The Russell Partnership Attn: Mr. Carlos Ruiz, AIA 2733 S. W. 3rd Avenue Miami FL 33129 COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY E Landmark American Ins. Co. LETTER TInS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIIE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIHS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TIIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIDE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SIIOWN MAY HAVE BEEN REDUCED BY PAID 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 OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCIIEDULED AUTOS TIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY GENERAL AGGREGATE PRODUCTS -COMP/ OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACII OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL. EXPENSE (ANY ONE PEZSON) COMBINED SINGLE LIMIT BODILY INJURY (PR. PER.) BODILY INJURY (PR. ACC.) PROPERTY DAMAGE EXCESS LIABILITY IOTIIERTIIAN UMBR. FORM EAC11 OCCURRENCE AGGREGATE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY (EACH ACCIDENT) (DISEASE-roL. LIM.) (DISEASE -EA. EMI'L.) 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 City of Miami Dept. of Parks & Recreation 1390 N. W. 7th Street Miami, Florida 33125 i-M<?i�Ei'•EEEE':E'%Mii`a?Ei'iisMM#•`•#ii>E2E:E>3i'E?Ei'E•''•.i:`E'i SHOULD ANY OF THE ABOVE DFSCRIBED POLICIES BE CANCELLED BEFORE TIIE EXPIRATION DATE THEREOF, TIIE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TIIE CERTIFICATE HOLDER NAMED TO TIIE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIIE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESCNTATIV Vit � I_.� ,P 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 "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 LA.TTAC:EL r�. r'. CONTAIN, E CITY COMMISSION II_E TING OF SEP 2 =t 1E22 fieso:uttoa IaO. 92- 570 o 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 .sf 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 shallbecome effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of -.;- , 1992. ATTE MATTY `IHIRAI CITY CLERK XAVIER '. SUAR MAYOR - 3 92- 570 • itt CAPITAL IMPROVEMENT PROGRAM REVIEW: eL(25-?" ; //o DUARDO DRI EZ C.I.P. AD INISTRA R DUARDO DRI EZ C.I.P. AD INISTRA OR PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Q•I•N JON CITY ATTORN CLL:ra:M I I 4 92— 570 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 67/I RECE'V` D TO : FROM : Those Listed Below DATE : SUBJECT: D E •hnson, REFERENCES : Ass :nt to Director Dep- ent of Parks, Recreation ENCLOSURES : and Public Facilities a JJI r -1 Pfl 2: 44 9 May 26, 1989 riLE :TT Executed AgreerhentL,; ( Russell Partnership J j c . PRF #88-165 Attached for your records is the above captioned agreement, which has been fully executed. DEJ/adm Attachment Distribution: Matty Hirai, City Clerk (original) Carlos Garcia, Finance Department Jorge L. Fernandez, Law Department Manohar Surana, Budget Office Hattie Daniels, Internal Audits and Reviews Ron Williams, General Services Administration Second Party: Walter Martinez The Russel Partnership, Inc. cc : Jim Kay 1 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 l' AS 99 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. ReimburseableExpenses 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. Non-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 This Agreement entered into this •=9,` day of 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"). , RECITALS: 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 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 Program, 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 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 as 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 V=1, 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 statuaryemployee 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. 4 ' '1 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 fbr 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 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 representatives of 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 thebidding 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 c 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 shall prepare 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. v g• The Schematic Design Phase shall be completed when the PROJECT MANAGER approves the Schematic Design Documents, including the Master Plan and J. 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 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 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 preparingcontracts 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 -NsCYy bidders and assisting in the evaluation of bids. Plans, 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 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 amount of 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, r' after authorization and subsequent acceptance of such work, 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 pay 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. 8 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 ofcomplete 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 III.E. 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. 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 to complete the PROJECT, as outlined in SECTION III hereof, the CITY agrees to pay, and the CONSULTANT agrees to accept, as a full payment for his services the FEE of Thirty-seven Thousand, One Hundred Dollars ($37,100.00). 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 lbe 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 specifically authorized and is not otherwise entitled to any or all of the monies c 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. A11'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 nd 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 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 agreed to by 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. Law, Chapter 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 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 against any orders, judgments, or decrees which may be entered and from and 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 an"- 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 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, sexor 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. f ©�• 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. 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: CITY OF MIAMI, a municipal Corporation of the State of Florida // ��t � / . ,� By TTY IRAI City Clerk ATTEST: APPROVED AS TO INSURANCE REQUIREMENTS: Segundo/Perez, Insura ce Manag APPROVED AS TO DEPARTMENTAL REQUIREMENTS: 1Alb�rto Ruder, Director arks, Recreation and Public Facilities Department APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Public Works Department CESAR H. ODIO City Manager CONSULTANT: The Russell Partner- ship, Inc., a Florida for -profit corporation By aG I Aw47 2'41131 Walter B. Martinez, President Federal Employer ID # 257q 5t7 (affix Corporate Seal) APPROVED AS TO FORM AND CORRECTNESS: JOktGE . FE ANDEZ City Attor ey 1 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 fz�$1;k(!rS Ry , 1989. IRECTORS (SEAL) 1 w 042yT S Ifi t+;;ty :,4 yirAVAMIDDIYY).) PRODUCER s ITGIN & COMPANY 8125 N. W. 53 Street Miami, Florida 33166 INSURED THE L PARTNERSHIP 3692 S. W. 24 Street Mardi Florida 33145 :4:.;'40VERAGES,.�-*�,o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I:OMPANY II 9 S flJRITY UR ( PANY OF NA . FTTER• A COMPAJJY I FTTEF7 COMPANY I.F.1 TER C+ COMPANY p l ETfER COMPANY E I F.TTFR 445,, .NET 4f@. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW F AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD W b$CATEd." ..: NOTWITHSTANDING ANY Rr^'Jlnr',.rr1T, TCRM (V O r'IT(Or) ^r ANY CONTRACT OR OT!IrR f,n^I?''.,;tJT 1A'ITH nrsrrcr TO wiiirII 1I(1; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1I1F INSURANCE ArI Or1DrD RY IIir r.)t ICIES OESCRIREO !tut -wit! I: Sr1DJFCT TO All 111r PERMS, rxci-IJSIONS, AND CONDI- TIONS OF SUCH POLICIES • CO LTR TYPE OF INSURANCE GE NERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE IIA-ARU PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT r.ONTRACTORS BROAD FORM PROPERTY DAMPrr PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AIJBY (PR11' AIL OWNED AUTOS / !(11Hf.li IflrtN) l I RIV I'A';ti HIRED AUTOS NON;OWNED AUTR; GARAGE LIABII ITV EXCESS LIABILITY UMRRELIA FORM OTHER THAN UMRRLi.I A FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER Professional Lialaili • • POI If :Y Hi RAH( f 1 POLICY l"1111.11A DA11 IMMI)NYY) T fliv: F.. LIMED NtV2219 f` !),,, .10E3, -N • Y. •,`' '' Op. C., �;, co.GIn (� i ( ' j O ,b 4.. (' air f PL428738 DESCRIPTION OF OPERATIONSJI OCATIONS(VEJ11CLESISPECIAL ITEMS ) ,• EFItTIFICATEMIDEb - '`T Mr. Segundo Perezw City of Miami - L Department Euilding Amerifirst, - 1 S.E. 3 Ave :I F1. 33131 POLICY I.X8111A11(11 RATE (MM/fX)TYY) NC. 4/30/88 • ANCELCi sae) /30/89 1!ARILITY I IMITS IN THOUSANDS •; BODILY INJURY f ACH OCCURRENCE $ AGGREGATE PROPERTY DAMA GF B18 r11 '.'l1M81Nr--p $ $ PERSONAL INJURY NI A r•U COMM I) $ $ $. $ STAIIr1O11Y $ (EACH ACCIDENT) $ (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) $1,000,000 ea. claim $1,000,000 annual T .x :•: -.o.Fa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, TFIE ISSUING COMPANY WILL ENDEAVOR TO MAIL j' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, :In TO MAIL SUCH NOTICE SHAI L IMPOSE NO OBLIGATION OR UABILTTY OF ANY KIND UPON TILE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRFSE(1TA111'F SJaag:MN & C(VTPJ NY, MIA MI, FLORIDA fa -14 .19 CERTIFICATE OF INSURANCE r hiss to certify that as in force for 'cation of operations STATEleARM FIRE AND CASUALTY COMPANY, BloorriTnEjton, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois Name of Policyholder - :.tl i71Lit le following coverages for the periods and limits indicated below. JIM BFRNHARDT, CLU, Agent 1702 Ponce De Leon Blvd. Coral Gables, Florida 33134 Phone: Off. 305 445-8579 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD (eft/exp.) LIMITS OF LIABILITY ❑ Comprehensive General Liability ❑ Dual Limits for: BODILY INJURY Each Occurrence $ I —I Manufacturers' and Contractors' Liability Aggregate $ PROPERTY DAMAGE Each Occurrence $ ❑ Owners', Landlords' and Tenants' Liability The above insurance includes (applicable if indicated by El ) ❑ PRODUCTS -COMPLETED OPERATIONS ❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY • ❑ CONTRACTUAL LIABILITY LiBROAD FORM PROPERTY DAMAGE ❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY Aggregate' $ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ ,t t ()(✓U, UUU Aggregate $ i , iiUU,UVU POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD (efl./exp.) CONTRACTUAL LIABILITY LIMITS (If different than above) BODILY INJURY Each Occurrence $ r ti: .tc'C r.l ;;: I (r%riL1 ❑ ./ PROPERTY DAMAGE Each Occurrence $ C Aggregate $ EXCESS LIABILITY UmbrellaPROPERTY LI Other ❑ Combined Single Limit for: BODILY INJURY AND DAMAGE Each Occurrence $ Aggregate $ Workers Compensation ❑and Employers Liability Parl 1 STATUTORY • Part 2 BODILY INJURY Each Accident $ Disease -Each Employee $ Disease -Policy Limit $ 'Aggregatn not applicable it Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. RECEIVED PNWTNERSHIP, INC. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED WW1 2 ;1.1i:l : 1. IJttt I) Uid1:. P.. 'I.Ii1i'.1 AVI... ,„;.„:; >� ^' ignat ire of Authorized Representative (558)F6 99,19 Rev. 1-86 Printed in U S.A. Title 0 J-89-226 2/14/89 RESOLUTION NO. S9-24C. 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 rp� rye e:a n Atw r -._•. , . inn �. ••,,. ,• COLiMTSSION It ETING OF MAR 3 1989 R:SOLUTION No. :ti MARKS: 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". - 2/ Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 3rd day of March , 1989. 1/ 2/ HIRAI, CITY CLERK t 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 - R9--240 CAPITAL BUDGET REVIEW AND.APPROVAL ' EDUARDO RO IGUEZ CAPITAL IMkROVEMENT PROGRAM FINA A • .FINAN C REVIEW AND APPROVAL: GARCIA, DIRECTOR PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 3.4 3 Le - 3 -