Res. No. 181-00-11074I
,*.f,
RESOLUTION 181-00-11074
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA.RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH M.C.HARRY &ASSOCIATES,INC.,FOR AN AMOUNT OF
THREE HUNDRED AND THOUSAND FORTY-ONE THOUSAND FIVE HUNDRED AND
THIRTY FOUR DOLLARS;TO BE CHARGED TO ACCOUNT NUMBER 001-0000-131-1410;
AND PROVIDED THAT THE EXECUTED AGREEMENTS BE MADE A PART OF THIS
RESOLUTION.
WHEREAS,theCityCommissiondesirestoretainateam of consultants forpre-
design,design,construction documents and construction administration oftheCityof
South Miami Multipurpose Center PhaseII,and
WHEREAS.TheCityhavingfollowedtherequirements established byFlorida
Statute287.055:Acquisitionof Professional ServicesforArchitectsandEngineers,
recommended three top ranked firmsinorder of preference,and
WHEREAS,TheCity Commission ataspecial meeting onMay8,2000,through
resolution no.107-00-11000.authorized the administration to negotiate a professional
services agreement withthenumberoneranked firm,M.C.HarryAssociates,and
WHEREAS.The negotiated professional services agreement isforan amount of
total lump sumfee of three hundred andforty-one thousand five hundred and thirty four
dollars ($341.534).and
WHEREAS.The amount willbe charged to account number 001-0000-131-1410
andis reimbursable through Community Development Block Grant (CDBG)Murray Park
Fund.
NOW,THEREFORE.BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1:That the negotiated Professional Services Agreement is approved.
Section 2:That the executed agreement ismadeapart of the resolution.
PASSED AND ADOPTED this_5thday of September 2000.
ATTEST:APPROVED:
£*^z-
CITY CLERK /7 MAYOR
Commission Vote:5-0
READ AND APPROVED ASTO FORM:Mayor Robaina:Yea
^sz^Vice Mayor Feliu:Yea
<zL*^/<^~.<^z/(4>/L Commissioner Russell:Yea
CITY ATTORNEY Commissioner Bethel:Yea
Commissioner Wiscombe:Yea
#.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Ronetta Taylor,
City Clerk
Cc:Hakeem Oshikoya.
Finance Director
From:S.Basu.Director
Buildina,Zoniim and Community Development
Date:June 1,2001
Kathy Vazquez,
Purchasing Manager
Re:Res.181-00-11074
McHarry&Associates
Could you please make the following change with respect to Resolution No.181-00-11074:
Replace withnew account number:001-0000-131-1415
(Account number on Resolution:001 -0000-131-1410)
Please take the necessary steps to have your records reflect the correct account number.
Thank you
J:\My Documents\memos\2001 mcmos\Consultanls'Insurance Cert..doc
Taylor,Ronetta
From:Subrata Basu
Sent:Friday,January 12,2001 7:52 AM
To:Taylor,Ronetta
Cc:Oshikoya,Hakeem
Subject:Resolution*181-00-11074
Ronetta:
Resolution#181-00-11074,which approved the Professional Services Agreement with MCHarry
Associates identified Community Development BlockGrantMuray Park Fund (a/c#001-0000-131-
1410)as the slole funding source.The Professional Services fee forthis agreement isinfactbeing
funded through two sources:Community Development Block Grant and Safe Neighborhood Fund
(a/c#001-0000-132-2050).Please correct thethe resolution accordingly and please letmeknowif
you need any further information to correct the resolution.Thank youfor your assistance.
Subrata Basu,AIA AICP
Asst.City Manager/Comm.Development Director
City of South Miami
6130 Sunset Drive
South Miami,Florida 33143
tele:305-663 6344
fax:305-666 4591
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:September 5,2000
From:Charles D.Scurr
City Manager
Agenda Item #
CommMtg.09-05-00
Re:Professional Services Agreement
with M.C.Harry &Associates for the
Multipurpose Center Phase II
1 p
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTHMIAMI,FLORIDA,RELATINGTOAUTHORIZINGTOEXECUTEA
PROFESSIONAL SERVICES AGREEMENT WITH M.C.HARRY &ASSOCIATES,
INC.,FORANAMOUNTOFTHREE HUNDRED ANDFORTY-ONETHOUSAND
FIVE HUNDRED AND THIRTY FOUR DOLLARS;TO BE CHARGED TO
ACCOUNT NUMBER 001-0000-131-1410;AND PROVIDED THAT THE EXECUTED
AGREEMENTS BE MADE A PART OF THIS RESOLUTION.
BACKGROUND:
Ata special City Commission meeting on May 8,2000,theCity Commission through
Resolutionno.107-00-11000,selectedM.C.HarryAssociates,asthefirstrankedfirm,for
pre-design,design,preparing of construction documents and administration of construction
servicesfortheproposed Multipurpose CenterPhaseII.The Commission further
authorizedtheadministrationtonegotiateaprofessionalservicesagreementforthesame
and bring it back tothe City Commission for approval.The attached Professional Services
Agreement,negotiated between the City and M.C.Harry Associates,is presented for your
approval.
The design program,which establishes the scope of work forthe consulting firm was
developed with the help and guidance from the Cultural and Recreation Advisory Board.
The scope of work includes a number of functions,entitled Pre-design services,which is
beyond what is generally considered basic scope of work for architectural/engineering
services.Pre-design efforts include such things as community outreach to gather public
input,a master planning and reprogramming of the whole site to optimize the available
landareaandto develop alongterm"road map"forthe recreational facilities at Murray
Park.The master planning effort will also address After School House project as well as
the facilities for Senior Citizens.
The proposed agreement for a total lump sum fee of three hundred and forty-one thousand
five hundred and thirty four dollars ($341,534)represents slightly over 11%ofthe total
constructioncost of $3,000,000.The administration believesthattheamountis
reasonable andiswellwithinthe acceptable industry practice.Theamountwillbe charged
to account number 001-0000-131-1410 andisreimbursable through Community
DevelopmentBlockGrant(CDBG)MurrayParkFund.
RECOMMENDATION
Approval
Attachments:
Resolution no:107-00-11000
Proposedresolution.
Negotiated ProfessionalServicesAgreement
1 RESOLUTION 107-00-11000
2
j
4A RESOLUTION OF THE MAYOR ANDCITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI,FLORIDA,RELATING TO AUTHORIZATION TO NEGOTIATE A
6 PROFESSIONAL SERVICESCONTRACTWITH NUMBER ONE RANKED FIRM
7 OF M.C.HARRY &ASSOCIATES,FAILING THATWITHTHE SECOND
8 RANKED FIRM OF MATEU CORRENO RIZO &PARTNERS,INC.,FAILING
9THATTOTHETHIRD RANKED FIRM OF BERMELLO,AJAMIL&PARTNERS
10 FOR THEDESIGN,CONSTRUCTION DOCUMENTS ANDCONSTRUCTION
11 ADMINISTRATION SERVICES FOR THEPHASETWO OF THE CITY OF SOUTH
12 MIAMI MULTIPURPOSE CENTER.
13
I4
15 WHEREAS,theCity Commission desires to retain a team of consultants for the
16 design;construction documents and construction administration of the City of South
17 MiamiMultipurpose Center,and
18
19 WHEREAS,pursuant to Florida Statute 287.055 the City published a Notice for
20 Professional Services,and
21
22
23
24
WHEREAS,the City received a total of seventeen (17)responses as a result of
-*the published notice,and
25 WHEREAS,The City having followed the requirements established by Florida
26 Statute 287.055:Acquisition of Professional Services for Architects and Engineers,
27 recommends three top ranked firms in order of preference,and
28
29NOW,THEREFORE,BEITRESOLVEDBY THE MAYOR AND CITY
30 •£COMMISSION OFTHE CITY OF SOUTH MIAMI.FLORIDA:
31
32 Section 1:That the City Commission approves the recommended ranking of the three top
33 ranked firms as follows:
34 1.MC Harry Associates
35 2.Mateu Carreno Rizo&Partners,Inc.
36 3.Bremello.Ajamil &Partners
37
38 Section 2:That the City Commission authorizes the administration to negotiate a fee
39 proposal for design,construction document and construction administration of the City of
40South Miami Multipurpose Center withthe first ranked firm
41
42 Section 3:That if the City is unable to negotiate a satisfactory contract with the first
43 ranked firm the City must formally terminate the negotiation and undertake negotiations
44 with second ranked firm,failing that undertake negotiation with the third ranked firm.
45
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Section 4:That the negotiated Professional Services Agreement is brought back tothe
CityCommissionfor approval.
PASSED AND ADOPTED this _8th day of May
ATTEST:APPROVED:
,2000.
CITY CLERK
^PROVED AS TO FORM:
>*Cf'G&*H,L2*
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
4-0
Yea
Out of town
Yea
Yea
Yea
CityofSouthMiamiMultipurposeCenterPhase2
Professional Service Agreement
THISAGREEMENTmadeandenteredintothisdayof'
2000,byand between the CITY OF South Miami,a municipal
corporation of the State of Florida,hereinafter referred to as the
"CITY"and M.C.Harry Associates,Inc.,a Florida Corporation
hereinafter referred to as the "CONSULTANT".
In consideration ofthepremisesandthe mutual covenants
hereincontained,theCITYagreestoemploytheCONSULTANTandthe
CONSULTANTagreestoperformall professional architectural
engineering services in connection with the WORK,as described
herein,foralump-sumfeeuponthe following termsand conditions;
namely:
SECTION 1-GENERAL PROVISIONS:
1.1The CONSULTANT accepts the relationship oftrustand confidence
established between the CONSULTANT and the CITY by this
Agreement.The CONSULTANT covenants withtheCITYto furnish
hisbest skill and judgement andto cooperate with the
Construction Managerandallotherpartiesinvolvedin
furthering the interest oftheCITY.The CONSULTANT agrees to
providethenecessary leadership andtousehisbesteffortsto
completetheprojectinthebestandsoundestwayandinthe
mostexpeditiousandeconomicalmannerconsistentwiththe
interest of the CITY.
1.2TheCITYwillenterintoanagreementwitha Construction
Management firmto construct this project under the Principles
ofConstructionManager(CM.)at Risk.The CM.willprovide
a Guaranteed Maximum Price (GMP)based onthe100%Design
Development documents.GMP shall be consistent with the City's
construction budget,as indicated in Section 3of this
agreement,any budget modifications agreed uponbythe CITY,
CONSULTANTand CM.,duringthedevelopmentofthe documents.
1.3The Construction Team -theCity,the Consultant andthe
Construction Manager,shall work from the beginning of planning
through final construction completion and should be available
thereafter should additional services be required.
1.4 The-CITY will conferwith the CONSULTANTbeforeanyNotice to
Proceedisissuedtodiscussthescope of the WORK,the time
needed to complete the WORK and the fee for the services to be:
rendered in connection with the WORK.
1.5TheCITYagrees that itwill make available tothe CONSULTANT
plans and other data in the CITY files pertaining to the WORK
tobeperformedunderthisagreement promptly.
1.6 The CONSULTANT agrees to produce and distribute minutes/
promptly within ten calendar days after each meeting at which
theirpresenceis requested/required.
1.7 TheCITY agrees to designate a representative who shall examine
thedocuments submitted bytheCONSULTANTand shall render
decisions pertaining thereto promptly,toavoid unreasonable
delay inthe progress of the CONSULTANT'S services.The
CONSULTANT shallkeepthe CITYfs representative advisedonthe
project status atall times.
1.8 The CITY agrees toissuealldirectivesandapprovalin
writing.
SECTION 2-SCOPE OF SERVICES
2.1 Theattachedprogramof areas (exhibit A)willformthebasis
of the Scope of Services.
2.2The scope of work can generally bedividedin the following
phases:
A.Pre-design analysisincludinglimitedprogramming,Master
Planningofthewholesite (including off site facilities
presently utilized,fields,existing Phase 1 building
under construction)and community outreach effort.
B.Completedesignservicesandpreparationofconstruction
documents for the Phase 2of the Multipurpose Center,a
project limitedto approximately $3millionin
construction cost.
C.Advisingand counseling the City on the best project
delivery method and the subsequent Construction
Administration.
D.Post Construction Administration.
2.2^1 Pre-design Analysis:
a)The CONSULTANT shall compile and review all available
relevant data pertaining tothe project.These are,but
notlimited to,building space program,programming for
the field,community issues,available project:budget and
theanticipatedtime frame.
b)The CONSULTANT shall consult with the CITY and ascertain
^he validity of information collected under Section
2.2.1(a)andsuggestnecessaryadjustmentsasnecessary
to the CITY.;
c)The CONSULTANT shall confer with representatives of the
CITY and theusing agency to determine the full scope of
theWORKthatwillmeettheprogram requirements within
the allocated funds.
d)The CONSULTANT shall hold at least two public meetings
toreceivepublicinputduringthepre-design phase.
e)Based on thebest available information the CONSULTANT
shall proceed to develop a Master Plan for thetotal site
including off-site facility,currently under use.The
purpose ofthe Master Plan isto develop a longterm
visionfortheMurrayPark facility that optimizes the
available facilities and resources.The CONSULTANT shall
makenecessary presentations totheCity'sCulturaland
RecreationAdvisoryBoardtoreceivethe Board's input
anda presentation ofthe results totheCity Commission.
f)Based on the comments received the CONSULTANT shall
prepare a Master Plan and Predesign Analysis Report.The
report shall comprise generally the following:
•A Master Plan showingthetotal long-term development
planoftheMurrayPark facilities.
•Abuildingprogramandtheutilizationprogramforthe
field.
•A phasing plananda possible timetable for
development.
•Estimated project cost bymajor components or phasing.
g)The CONSULTANT shall submit and present one (1)original
ready for duplication and twenty five (25)copies of all
documents required under this phase,without additional
charge,for approval bythe CITY andthe CONSULTANT shall
not proceed with the next phase until directed by the
CITY.
2.2.2 Schematic Design:
A.Based on the approved Master Plan and Predesign Analysis
Report the CONSULTANT shall prepare a schematic design ;
for the SecondPhase of theRecreation Center,..including
but not limited to related site planning,access
analysis,parking,secure drop off and pickup areas,site
lighting etc.to achieve a solution acceptable to the
>-'CITY.
B/TheCONSULTANTshall use proper and adequatedesign
controltoassurethe CITY thattheWORKmay be
constructed within the allocated funds.
C.The CONSULTANT shall prepare a Schematic Design Report,
comprising the WORK Timetable (Master Schedule)Planning
Summary (if applicable),Schematic Design Studies (if
applicable)as defined below,and the Statement of
Probable Construction Cost.
D.The Proposed WORK Timetable shall consist ofa schedule
showing the proposed completion date oftheWORK through
design,construction andoccupancy.
E.The PlanningSummary shall consist of avicinityplanand
blow-up of the Site (if applicable)showing orientation,
and a brief summary of all pertinent planning criteria
used for the WORK.
F.TheSchematicDesignStudiesshallconsistofall plans,
elevations,sections,etc.asrequiredtoshowthescale
and relationship ofthe parts andtheDesignConcept of
thewhole.A simpleperspective sketch,modelor
photograph thereof maybe provided to further show the
Design Concept.
G.The CONSULTANT shall present the Schematic Design Studies
•to theCitizen Advisory Boards (such as Environmental
Review Board,CulturalandRecreational Board etc.),as
appropriate,for their approval when the.WORK requires
such approval.
H.The CONSULTANT shall present the Schematic Design studies
toallthe appropriate utility companies (such as FPL,
Southern Bell,Dynamic Cable,MDWASD,DERM etc.)to
determine any potential conflict with their utilities or
to identify any other critical issues that may impact the
;design,budgetand construction ofthe WORK.
V.:V^'V-i;^••::''ThV-'-Statement-..-of:.Probable.Construction Cost shall include
estimated cost of the WORK including fixed equipment,
furnishings,professional fees,contingencies (if any),
escalation factors adjusted totheestimatedbiddateand
;utilityserviceextensions (if any).
J.The CONSULTANT shall submit and present,four (4)copies
of all documents required under this phase,without
additional charge,for approval by the CITY and the
CONSULTANTshallnotproceeduntil directed by the CITY.
/K.The CONSULTANT shall during this phase prepare necessary
documents and help the CITYin the selection sofa
Construction Managementfirm
2.2.3 Design Development:
A.From the approved Schematic Design documents,the
CONSULTANT shall prepare Design Development Documents,
comprising the drawings,outline specifications and other
documents to fix and describe the size and character of
the entire WORK asto construction and finish materials
and other items incidental thereto as may be appropriate
and applicable.
B.TheDesign Development Documents shall comprise an
updated Timetable of WORK,Outline Specifications,
Updated Statement of Probable Construction Cost,and
DesignDevelopment Drawings,etc.,as requiredtoclearly
delineate the WORK.The data included shall firmly fix
thescopeofthe project,enabling the CM.to provide
the CITY with a GMP for construction.If the Updated
Statement of Probable Construction Cost exceeds the
allocated funds,appropriatecosts or scope reduction
optionsmustbeincludedinconsultationwiththe CM.
C.The CONSULTANT shallpresentthe Design Development
Studies to the Citizen Advisory Boards (such as
Environmental Review Board,Cultural and Recreational
Board etc.),as appropriate,for their approvalwhenthe
WORK requires suchapproval.
D.TheCONSULTANT shall submit andpresent four (4)setsof
all documentsrequiredunder this phase,without
additional charge,for approval bytheCITYandnot
proceedwiththenext Phase until directed bythe CITY.
2.2.4 Construction Documents Development:
A.From the approved Design Development Documents,the
CONSULTANTshallprepare Final Construction Documents
setting forth in detail the requirements for the
construction ofthe WORK including theProposal (Bid)
Formand other necessary information for bidders,
Conditions of the Contract,including requirements of the
Miami Dade Office of Economic Development,•;'and Complete
Drawings and Specifications.CONSULTANT shall use
.Construction Specifications Institute (CSI)Standards and
theCityof South Miami Standard forms for the
preparation of the Proposal (Bid)forms,Instructions to.
;Bidders,Conditions of Contract and Specifications.
B.TheContractDocumentsshallbepreparedasonecohesive
setof document butcouldbe grouped in BidGroups or any
other groupings as appropriate and as designated by the
CM.withtheagreementoftheConstruction Team.
CThe Construction Documents shallbe prepared in a manner
thatwillassureclarityof linework,notes,and
dimensions,when thedocuments are reducedto 50%of
their size.All drawings shallbeonstandardsize
(preferably 24"x 36")paper/mylar withthe CITY's
standard sheetformat,unless approved otherwise.
D.All final construction documents shall be submitted in
both "hard copy"andelectronicmediaina mutually
agreed upon electronic format,but generally as follows:
1.Non-drawing submittals in Microsoft Office formats.
2.Drawings in AutoCAD format.
3.GIS files should be in ArcView format Version 3.2.
E.When the development ofthedrawingshas progressed toat
least50%completionin phase,theCONSULTANTshall
submit three.(3)copiestotheCITYforapproval,without
additional charge,along withthe updated outline
specifications.The CONSULTANT shall also submit atthis
timean updated StatementofProbable Construction Cost
as indicated by time factor,changesinrequirements,or
general market conditionsandanupdatedProject
Schedule.
F.The CONSULTANT shall not proceed with the further
developmentuntil approval ofthe50%documents is
received from the CITY.The CONSULTANT shall make all
changesto documents.The50%complete CheckSetshallbe
returned to the CITY.
G.ANoticetoProceedforthecompletionofthisphasewill
not be issued if the latest Statement of Probable
Construction Cost exceeds the total allocated funds,
unless the CITY increases the total allocated funds or
the CONSULTANT andtheCITYagreesonmethodsof cost
6''•
reductions sufficient to enable construction within the
•:funds available.
H.Upon 100%completion of the Construction Documents,the
CONSULTANT shall submit to the CITY a final,updated
Statement .of Probable Construction Cost along with two
(2)copies eachof Check Set of drawings,specifications,
reports,programs,etc.,without additional charge/for a
final review and comments or approvals.
I.The;CONSULTANT shallmakeallthenecessarypresentations
tothe appropriate City,County,State Boards,etc.(such
as Board of Architects,Historical Preservation Board
etc.)for the final approval.
J.The CONSULTANT at no extra cost to the CITY shall make
all required changes or additions andresolve all
questionsresultingfromparagraphHif the changesor
additions donotalterthescopeofthe WORK.The 100%
completeCheckSetshallbereturnedtotheCITY.Upon
finalapprovalbythe CITY,theCONSULTANT shall furnish
two (2)copies of drawingsandspecificationsto the
CITY,without additional charge.The CITY shall reimburse
the CONSULTANT for the cost of printing additional
drawings and specificationsfor bidding purposes,if
authorized.
J.TheCONSULTANTshallarrange for "dry runs"and/or make
final submissions to appropriate authorities as
necessary,to ascertain thatthe Construction Documents
meet the necessary requirements to obtain allthe
necessary permits for construction.
2.2.5 Bidding and Negotiation Phase:
A.The CONSULTANT shall assist the CM.to arrange for pre
bid conferences.
B.The CONSULTANT shall attend the prebid conferences and
bid openings as necessary.
C Upon obtaining all necessary approvals of the
Construction Documents,and approval bytheCITYofthe
latest Statement of Probable Construction Cost,the
CONSULTANT shallfurnishthedrawingsand specifications
as indicated abovefor bidding,and assist the CM.in
obtaining and evaluating bidsand recommendation tothe
CITY on awarding of Contracts.
D.-..'..The CONSULTANTshallevaluate product equalsat the
•request of the CM.and make a;decision on each in a
timely manner.';\..•
2.2.6 Administration of the Construction under contract to CM.:,
A.The Construction Phase will begin with the award of the
Construction Contract and will end when the Contractor•'s
.••.••••'final Payment Certificate is approved and paid by the
'..;•.\-;}/'..CITY.-,••:..'.-•.•':'•.•;'/'.,;"/•
B.The CONSULTANT,asthe representative of theCITY during
the Construction Phase,shalladviseandconsult with the
CITYandshallhave authority to act on behalf of the
CITY to the extent provided in the General Conditions of
the Construction Contractas developed by the CM.with
the approval of the CONSULTANT and the CITY...'.
CTheCONSULTANTshallattendpre-construction meetings.
D.The CONSULTANT shall at all times have access to the WORK
wherever it is in preparation or progress,so he/she may
performasintendedunderthis Agreement.
E.The CONSULTANT shall visit the site at least weekly and
atallkeyconstructioneventstoascertaintheprogress
ofthe WORK and to determine in general if the WORK is
proceedinginaccordancewiththeContract Documents.On
the basis of site visits,the CONSULTANT will advise as
to theprogressoftheWorkandusereasonable and
customary careto guard the CITYagainstdefects and
deficiencies in the WORK of the C.M.
F.The CONSULTANT shall furnish the CITY with a written
report ofall observations oftheWORKmadeby him/her
duringeachvisittothe WORK.TheCONSULTANTshallalso
notethegeneralstatusandprogress of the WORK,and
shall submit same ina timely manner.The.CONSULTANT
shall ascertain atleast monthly thattheC M.ismaking
timely,accurate,and complete notations onrecord
drawings.
G.Based on site visits and on the Contractor's Payment
Request,the CONSULTANT in consultation withthe CM.
shall determine the amount due the Contractor on account
and he/she shall recommend approval/disapproval of the
request.The recommendation of approval of a Payment
Request shall constitute a representation by the
CONSULTANT totheCITYthat,the CONSULTANT certifies to
the CITY thattheWORKhasprogressedtothepoint
indicated,andthe quality of the WORK isinaccordance
".:•:with the Contract Documents.
H.The CONSULTANT shall have affirmative duty to recommend
rejection of WORK which does not conform to the Contract
/Documents.Whenever,,in his/her reasonable opinion,
he/she considers it.necessary or advisable to insure
compliance with the Contract Documents,he/she will have
authority (with the CITY'S prior approval)to recommend
special inspections or testing of any WORK deemed riot to
be in accordance with the Contract whether or not such
WORK has been fabricated and delivered to the WORK site,
or installed and completed.
I.The CONSULTANT shall promptly review and approve shop
drawings,samples,and other submissions of the
Contractor for conformance with the Design Concept of the
WORK and for compliance with the Contract Documents.
Changes or substitutions tothe Contract Documents shall
not be authorized without concurrence with and written
approval from the CITY.
J.The CONSULTANT shall review and recommend action on
proposed Change Orders withinthescopeof the WORK
initiated byothers,andinitiate proposed ChangeOrders
as required by his/her own observations.
K.The CONSULTANT shall examine the WORK upon receipt of the
Contractor's Certificate of Substantial Completion of the
WORK.A Punch List of any defects and discrepancies in
the WORK required tobecorrectedbythe Contractor shall
be prepared by the CONSULTANT in conjunctionwith
representatives oftheCITY and satisfactory performance
obtained thereon before the CONSULTANT recommends
execution of Certificate of Final Acceptance and Final
PaymenttotheContractor.The CONSULTANT shall obtain
from the Contractor all warranties,guarantees,operating
and maintenance manuals for equipment,releases oflien
and such other documents and certificates as may be
requiredby applicable codes,laws,policy regulations
andthe specifications,anddeliverthemtothe CITY.
L.The CONSULTANT shallprovide assistance in obtaining C
M.'scompliancewiththe Contract Documents relative to,
1)initial instruction ofCITYpersonnel in the operation
andmaintenanceofanyequipment or system,2)initial
start-up and testing,adjusting andbalancingof
equipmentand systems,and 3)finalclean-upof the.WORK.
M..Should disagreement occur between theCONSULTANTand C.M.
over acceptability of work and conformance with the
requirements of the specifications and plans,the
;designated representative of the CITY and the City
Manager shall be the final judge.
2.2*7 Post Construction Administration
A.The CONSULTANT shall prepare and provide the CITY with a
written manual,tobeusedbythe CITY,outlining the
implementation plan of all the required maintenance
necessary to keep the proposed WORK operational in a safe
and effective manner.
B.The CONSULTANT shall furnish to the CITY,reproducible
record drawings updated based on information furnished by
the C.M.Such drawings shall become the property ofthe
CITY and are tb bein electronic formataswellasin a
reproducible medium.
C The CONSULTANT shall performawalkthroughsix months
•aft"eT**M:-he-*substantial completionof the WORK.The
CONSULTANT shall assist the CITY with the administration
of guarantee/warranties for correction of defective WORK
thatmaybe discovered during thesaid period.
2.3 Additional Professional Services
Additional Services as listed below are normally considered to
be beyond the Scope of Services as described in this Agreement.
A.Special analysis of the CITY'S needs,and special
programming requirements fortheWORK.
B.Financial feasibility,life cycle costing,or other
special studies.
C.Planning surveys,site evaluations,or comparative
studies of prospective sites.
D.Design services relative to future facilities,systems
and equipment whicharenot intended to be constructed as
partofa specific WORK.
E.Services to investigate existing conditions or facilities
ortomakemeasured drawings thereof,or toverifythe
accuracy of drawings or other information furnished by
the CITY.
F.Consultation concerning replacement ofany WORK damaged
by fire or other cause during construction,and
furnishing professional services of the type set forth in
Basic Services asmaybe required relative to replacement
10
of such WORK,providing the cause is found by the CITY to
be other than by fault of.the CONSULTANT.
G.Professional services made necessary by the default of
the Contractor or by major defects in the WORK under the
Construction Contract,providingthecauseisfoundby
:the CITY tobe other:thanbyfaultoftheCONSULTANT.
•H.Making major revisions changing the Scope ofa WORK,to
drawings and specifications when such revisions are
inconsistentwithwritten approvals orinstruction
previously given by the CITY and are due to causes beyond
the control ofthe CONSULTANT.(Major revisions are
defined as those changing the Scope and arrangement of
spacesand/orschemeorany portion).
•'^iS^wi'.rV
I.The services of one or more full-time WORK
Representative.
J.Preparing to serve or serving asan expert witness in
connectionwithanypublic hearing,arbitration
proceedings or legal proceedings in connection with this
WORK.
K.Professional services required after approval by the CITY
or the Contractor's Requisition for Final Payment,except
asotherwise required under Basic Services.
L.Preparing supporting data,drawings,andspecifications
as may be required forOrders affecting the scopeofWORK
provided the Changes areduetocauses found bythe CITY,
tobe beyond the control of the CONSULTANT.
SECTION 3 CONSTRUCTION BUDGET:
The construction budget issetat $3,000,000.
SECTION 4 TIME FOR COMPLETION:
The services to be rendered by the CONSULTANT for any WORK
shall be commenced upon written Notice to Proceed from the CITY,
subsequent to the execution of this Agreement and shall be completed
within the time based on reasonable determination,stated in the
said Notice to Proceed.
A reasonable extension of time will be granted inthe event
there is a delay onthepartofthe CITY in fulfilling its part of
the Agreement,change of scope or should any other events beyond the
control oftheCONSULTANTrenderperformanceof his/her duties
impossible.
;:.11'
SECTION 5 BASIS OF COMPENSATION:
the CONSULTANT agrees.to perform the services as outlined in
this agreement for a Lump Sum fee of Three hundred and forty one
thousand five hundred and thirty,four dollars ($341,534)•.-
SECTION 6 PAYMENT ANDPARTIAL PAYMENTS:
The CITY will make monthly payments or partial payments to the
CONSULTANT for all authorized WORK performed during the previous
calendar month.Such payment shall,in the aggregate,not exceed the
percentage of the estimated total Basic Compensation indicated below
for each phase:
15%upon completion and approval of Pre-design Analysis.
25%upon completion and approval of Schematic Design.
40%upon submittal and approval of Design Development.
75%upon 100%completion and approval of Construction
Documents and Bidding.
98%upon completion of the Project and approval of all WORK
(Phase V).
100%upon final completion and approval ofWORK elements
A and B of Post Construction Administration.The
CONSULTANTshallbeobligatedtodoasixmonth walk
through as required in2.2.7(C).
The CONSULTANT shall submit anoriginalINVOICEtotheCITY
representative at City of South Miami,6130 Sunset Drive,South
Miami,Florida 33143.The CITY will consider this the official
request for payment.The invoice shall have the following
information:
1.The amount of the invoices submitted shall be the amount
duefor all WORK performed to date as certified by the
CONSULTANT.
2.The request for payment shall include the following
information:
a.Total Contract amount.
b.Percent of WORK completed.
c.Amount earned.
d.Amount previously billed.
e."•'••••Due this invoice.
f.Summary ofWORK done this billing period.
g.Invoicenumberand date.
3.Upon request by the CITY the CONSULTANT shall provide the
CITY with certified payroll data for the WORK reflecting
salaries and hourly rates.
12
SECTION 7 RIGHT OF DECISIONS:
•;':;''••All •':services shall be performed by the CONSULTANT to the
satisfaction oftheCITY designated representative,who shall decide
all questions;.difficulties and disputes of whatever nature which
may arise under or by reason of this Agreement.In the event that
the CONSULTANT does not concur inthe judgment of the CITY
designated representative as to any decisions:made by him/her,The
CONSULTANT shall present his/her written objections to the City
Manager and shall abide by the decision of the City Manager.Nothing
in this section shall meantodenythe right to arbitrate,by either
parties,in accordance with the Industry Arbitration Rules of the
American Arbitration Association.
SECTION 8 OWNERSHIP OF DOCUMENTS:
All reports and reproducible plans,and other data developed by
the CONSULTANT forthepurposeof this Agreement shall become the
property of the-CITY without restriction or limitation in connection
withtheOwnersuseand occupancy ofthe WORK.Reuseof these
documentswithoutwrittenagreementfromtheCONSULTANTshallbethe
CITY'S sole risk and without liability andlegal exposure to the
CONSULTANT.;
SECTION 9 COURT APPEARANCES,CONFERENCES AND HEARINGS:
Nothing in this contract shallobligatetheCONSULTANTto
prepare for or appear in litigation on behalf of the CITY except in
consideration of additional compensation,except.for any dispute
arising outofthis contract.The amount of such compensation shall
be mutuallyagreeduponandbesubjecttoasupplemental agreement
approved bytheCITYand upon receipt of written authorization from
the CITY,priorto performance ofa court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during
construction of the improvement herein contemplated as to
interpretation of plans,correction of errors and omissions and
preparation ofany necessary plan thereof to correct such errors and
omissions or clarify without added compensation.
SECTION 10 NOTICES:
Any notices,reports or other written communications from the
CONSULTANTtotheCITYshallbeconsidereddeliveredwhendelivered
by courier orby mail to the CITY.Any notices,reports or other
communications from the CITY tothe CONSULTANT shall be considered
delivered when delivered by the CITY in person orby mail to said
CONSULTANT orhis authorized representative.
13
SECTION 11 AUDIT RIGHTS:
The CITY reserves the right to.audit the records of the
CONSULTANT related to this Agreement at any time during the
execution of the WORK included herein and for a period of one year
afterfinal payment is made.
SECTION 12 SUBLETTING:
TheCONSULTANTshallnot sublet,assign,ortransferany WORK,
under this Agreement without the prior written consent of the CITY.
SECTION 13 WARRANTY:
TheCONSULTANTwarrantsthat he/she has notemployed or
retained any company or person,other than a bona fide employee
working solely for the CONSULTANT,to solicit or secure this
contract and that he/she hasnotpaid or agreedto pay any company
or person other than a bona fide employee working solely for the
CONSULTANT,any fee,commission,percentage fee,gifts or any other
considerations contingent upon or resulting from the award or making
ofthisContract.Forbreachorviolationofthis warranty,the CITY
shall have the right to annul this Contract without liability.
SECTION 14 TERMINATION OF AGREEMENT:
Itisexpresslyunderstoodandagreed that:
A.TheCITY shall havetherighttoterminate this Agreement
for "cause".Termination for "cause"shall mean
termination because ofthe Consultant's material breach
of his/her covenants contained in this Agreement,gross
misconduct by the CONSULTANT inthe performance of
his/her duties herein,the commission by the CONSULTANT
of an action constituting commonlaw fraud,ora felony,
oracts of the CONSULTANT resulting in material damage to
theCITY."Material damage"shallbe determined by the
CITY in it's sole discretion.The CONSULTANT shall be
compensated only for WORK previously authorized and
completed.
B.Termination without Cause.TheCITYshallhave the right
to terminate this Agreement,in which event the
CONSULTANT will thereupon be entitled only to
compensation,for the WORK previously authorized and
completed.Either party may terminate this Agreement
pursuanttoSection 16.
14
SECTION 15 DEFAULT
In the event either party fails to comply with the provisions
of this Agreement,the aggrieved party may declare the other party
in default and notify the other party in writing as provided in
Section 9.In such event,the CONSULTANT willonlybe compensated
for any completed Professional Services.In the event partial
payment has been made for such Professional Services not completed,:
the CONSULTANT shall return such sums to the CITY within ^ten (10)
days after notice that said sums are due.In the event of litigation
by the other party to enforce the provisions of this Contract,the:
prevailing party will be compensated for reasonable attorney's fees.
Inno event shall attorney's fees awardedagainst theCITY exceed
25%ofthe award for damages.The CITY does not waive sovereign
immunityfromawardsof prejudgment interest.
SECTION 16 HOLD HARMLESS,INDEMNIFICATION AND WAIVER OF LIABILITY
The CONSULTANT shallnotcommenceWORKonthis Agreement until
he/she hasobtainedall insurance required bythe CITY,The
CONSULTANTshall defend,indemnifyandsavetheCITYharmlessfrom
any claims,liability,losses and causes of actions,arising out of
awillfulorunlawful act,or any negligenterroror omission,or
any negligent act (s)of the CONSULTANT or his /her SUBCONSULTANTS,
incident to the performance of the Consultant's Professional
Servicesunderthis Agreement.The CONSULTANT shallpayanyand all
claims and losses incidental or otherwise to the CONSULTANT'S
Professional Service Agreement herewithandshall defend allsuch
suitsinthenameoftheCITY,whenapplicable,and,iffound liable
shall compensate the CITY for reasonable attorney'sfees and,shall
pay all costs and judgments including attorney's fees which may
issue thereupon.
In reviewing,approvingorrejectinganysubmissionsoractsof
the CONSULTANT or his/her SUBCONSULTANTS,the CITY does not assume
orshareanyoftheresponsibility or liability fortheCONSULTANT
or his/her SUBCONSULTANTS,theregistered professional (architects
and/orengineers)underthisAgreement.
Pursuant tothe provisions of Florida Statute Section 725.06,
the parties agree that 1%(one percent)of the contract price
represents specific consideration to the CONSULTANT for the
indemnification setfor in this contract.The CONSULTANT,in
consideration ofthe foregoing,agrees to indemnify theCITY for any
damages to persons or property caused in part or in whole by any
act,omission,or default of the CONSULTANT arising from the
contract or its performance.Pursuant to the requirements of
Section 725.06,the limit of such indemnification shall be one (1)
million dollars.
15
SECTION 17 INSURANCE
The CONSULTANT shall maintain during the term of this Agreement
the following;insurance:
A.Professional Liability Insurance in the amount of
$1,000,000 with deductible per claim if any,not to
exceed 5%of the limit of liability providing for all
sums which the CONSULTANT shall become legally obligated
to pay as damages for claims arising out of the services
performed by the CONSULTANT or any person employed by
him/her in connection with this Agreement.This insurance
shall be maintained forthe complete duration ofthe WORK
and three years after completion of the construction and
acceptance of any WORK covered by this Agreement.
However>the CONSULTANT may be required to purchase
Specific Project (Engineer's/Architect's)Professional
Liability Insurance which provides for additional
coverage if requested by the CITY.The cost of such
additionalinsurancewillbereimbursedbytheCITY.
B.Comprehensive General Liability Insurance with broad form
endorsement,including automobile liability,completed
operations and products liability,contractual liability,
severability of interests with cross liability provision,
and personal injury and property damage liability with
limitsof$1,000,000combinedsinglelimitperoccurrence
for bodily injury and property damage.Said policy or
policies shall name the CITY as additional insured and
shall reflect the holdharmless provision contained
herein.
C.Workman's Compensation Insurance for all employees of the
CONSULTANT,in compliance with Chapter 440,Florida
Statutes,as presently written or hereafter amended and
Employers Liability Insurance with limits not less than
$500,000.
D.All policies shall contain waiver of subrogation against
the CITY where applicable and shall expressly provide
that such policy or policies are primary over any other
collective insurance that the CITY may have.
E.Alloftheaboveinsuranceistobe placed withBest -
ratedA-8orbetter insurance companies,qualifiedtodo
business under the lawsofthe State of Florida.
G.Except as to subsections A and C herein,the CITY shall
benamedasan additional insured undersuch policies.
Said policies shall contain a "severability of intent"or
a "cross liability"clause without obligation for premium
16.'
..•:'payment by the CITY.The:CITY -reserves thet'•.right to
request a copy of the required policies for review.
H.All policies shall provide for 30 days notice to(the CITY
prior to cancellation or material,changes.Said notice
shall be made to:
City Manager
CityofSouth Miami
City Hall
6130 Sunset Drive
South Miami,Florida 33143
I.The CONSULTANT shall furnish Certificates of Insurance to
the Employee Relations Department and the Office ofthe
City Attorney,prior tothe commencement of operations or
policy termination,which certificates shall clearly
indicate that the CITY is named asan additional insured
and that the CONSULTANT has obtained insurance in the
type,amount,and classification required for strict
compliance with this Section and that no material change
or cancellation of this insurance shall .be effective
withoutthirty (30)daysprior written noticetothe CITY
as provided in subsection H.
Compliance with the foregoing requirements shall not relieve
the CONSULTANT of his/her liability and obligations under this
Sectionor under anyother portion ofthisAgreement.
SECTION 18 INDEPENDENT CONTRACTOR
The CONSULTANT acknowledgesthathe/sheisenteringinto this
Agreement asan independent contractor and that he/she shall
thereforeberesponsibleforthe deposit andpaymentofany Federal
Income Taxes,FICA,Unemployment Taxesorany similar fees or taxes
that become due,andshallberesponsibleforthe collection and
payment of all withholdings,contributions and payroll taxes
relatingtohis/herservicesorthoseofhis/her employees.TheCITY
shall not withhold from sums payable tothe CONSULTANT,any amount
whatsoever for Federal Income Taxes,FICA,Unemployment Insurance
Taxes or any similar fees or taxes.The CONSULTANT will not be
considered an employee of the CITY or entitled to participate in
plans,distributions,arrangements,or other benefits extended to
the CITY'S employees.
Nothing herein shall imply or shall be deemed to imply an
agencyrelationshipbetweentheCITYandthe CONSULTANT.
17
SECTION 19 NON-DISCRIMINATlbN
-it is understood that the CONSULTANT shall not discriminate
against any employee in the performance of the contract with respect
to hire,tenure,terms,conditions or privileges of employment,or
any matter directly or.indirectly related to employment because of
age,marital status,race,color,religion,national origin,sex or
physical handicap.
SECTION 20 RELATIONSHIP OF PARTIES
Officers,agents and employees of the CONSULTANT shall not be
deemed to be employees of the CITY for any purpose whatsoever.
SECTION 21 INDULGENCES
Indulgences granted with regard to breach or failure to perform
under any provisions of this Agreement or amendments to this
Agreement,either initial occurrence of any time thereafter,shall
not constitute a waiver of the rights of the CITY under this
Agreement.
SECTION 22 AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employinq
other CONSULTANTS to perform the same or similar services.
SECTION 23 CODES,ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly
promulgated and published CITY,County,State and Federal codes,
ordinances and laws in effect at the time of design which have a
direct bearing on the WORK involved on this project.The CONSULTANT
is required to complete Public Entity Crimes Affidavit form
(attached)pursuant toFS 287.133(3)(a).
SECTION 24 ENTIRETY OF AGREEMENT
^This writing embodies the entire Agreement and understanding
between the parties hereto,and there are no other Agreements and
understandings,oral or written,with reference to the subject
matter hereof that are not merged herein and superseded hereby.
No alterations,changes,or modifications of the terms of this
Agreement shall be valid unless made in writing and signed by both
partiesandincorporatedasanAddendum hereto.
SECTION 25 SEVERABILITY
If any provisions of this Agreement are found tobe void and
unenforceable by a court of competent jurisdiction,the remaining
18
prbvisibhs of this ,Agreement shall nevertheless be binding upon the
parties -with \the ;sameeffect as though the void or unenforceable
provisions had been severed and deleted.v;
IN WITNESS.WHEREOF,this Agreement is;accepted on the date first
written abovey subject to the terms and conditions set forth herein.
Authority,of Resolution No.
dulypassedandadoptedbytheSouth
Miami City Commission on .
ATTEST:
Ronetta Taylor,City Clerk
ATTEST:
CITY OF SOUTH MIAMI
By:
Charles D.Scurr,City Manager;
CONSULTANT:
By:
STATE OF FLORIDA )
COUNTY OF MIAMI DADE)
SS.Acknowledgmentof City of SouthMiami
The foregoing instrument was acknowledged beforemethis_
day of f 1999by Charles D.Scurr,and
Ronetta Taylor,City Manager and City Clerk respectively,ofthe
CITYOFSOUTHMIAMI,onbehalfofthe CITY,whoare personally known
to me.
My Commission Expires:
Notary Public,StateofFlorida
Print Name:''••.•'••.-'•'•-'•
Commission No.:
19
STATE OF FLORIDA )
SS.Acknowledgment ofthe Consultant
COUNTY OF MIAMI DADE )
The foregoing instrument was _'./,•
acknowledged before me this V day of ,2000,by
•••-••••••;••••••••••••-•••',;v-:'':.-.-:---v-v;r;.--.-.'of •..•.-••.-••.-,:;...••••••••'--••••'•••,on
behalf of the Corporation..He/she is personally known tome or.has
produced (type of information),as identification;
My Commission Expires:
Notary Public,State of Florida
Print Name:••••-•.-•'"-•
Commission No.:
APPROVED AS TO FORM &CONTENT:
Earl Gallop,Esq.,
City Attorney
20
City of South Miami Recreation Center
Design Program
August 2000
Exhibit A
Mission:To improve the quality of life for the residents ofthe City of South Miami by
providing increased athletic,recreational,cultural,and educational opportunities.
The functions and the activities ofthe proposed Recreation Center are grouped in four major areas.
Athletics
Recreation/Cultural
Educational
Administration
Athletics:
Goal:.•.
Increase the availability ofthe athletic programs,both indoor and outdoor,to the South Miami
community
Objectives:
•Develop a full-sized gymnasium for basketball,volleyball,and other indoor court dependent
activities.
•Provide adequate support areas such as check-in,locker rooms,storage,and equipment
checkoutforthe indoor andoutdoorathleticprograms.
•Provide adequate facilities for dance,martial arts,aerobics,and other low impact exercise
programs.•Provide adequate facilities for supporting fitness/wellness activities.
•Reconfigure the outdoor field area to maximize the programming opportunities in
conjunction with other available fields.
Design Program:
Indoor Athletics Area:
Gymnasium:10.000 SF .:.This space will have a full size basketball court with appropriate floonng for athletic activities.
Court should have six roll down backboards with two cross-courts to allow adult and youth
play,fold-out bleachers for 500 spectators,outlets for sound equipment,microphones,
scoreboard,and roll-down net partition between cross-courts.
Storage:2.500 SF .,,."""•'This area is for storage of equipment for the gymnasium and the stage.This area will require
shelving for small and large bulky items.The area will be designed to service both indoor and
outdoor athletic areas.
Fitness/wellnessCenter:2.500SF #
Room is minimally equipped with mirrored walls,durable carpeting,and well-lighted ceilings.
The primary space is allocated into three functional areas:a)25%into various cardiovascular
exercise machines,b)50%into individual circuit training devices,and c)25%into free weights.
The center should also be equipped with an evaluation area for first aid treatment and health
assessmentsareaforfitnesscenterparticipants.
Dance/Aerobics studio with storage:1.150 SF •.'
Room must support a wide variety of programmed exercise groups that range from aerobics to
martial arts,dance classes,cheerleading and other similar activities.Basic construction should
include wood floor,mirrors on two wall,sound-poof walls and ceilings (+/-50 people).Provide
basic cabinetry and shelves to store floor pads,costumes,steps and other equipment.
Supportareas:1.000SF
Appropriate support facilities are to be incorporated into the program.These spaces support
participants of the indoor and outdoor facilities.They provide changing space,showers,
lockers,restrooms,security and access control for much ofthe complex.Design should
maximize visitor safety and operational control of the whole complex.
Outdoor Athletics Area:
AthleticFields:Practicefields,lights(utilizeexistinglights?)
Track:Yes,regulationsize if itfits
Fitness Trail:Yes
Multipurpose Courts:Two courts.One for volleyball/tennis/basketball;other for basketball only
(exploreadditionalcourts).
Children's Play area:Yes
Recreation/Cultural and Educational:
Goal:
Increase opportunities to provide cultural,recreational and educational programs for the South
Miami community.
Objectives:
Develop different program areas for "wet"and "dry"activities.
Provideadequate support areasforAfter School House program.
Provide flexible spaces for diverse range of uses for now and for the future.
DesignProgram:
ArtsandCrafts/Multipurpose Room:1.000SF
The multipurpose room is designed to accommodate a wide range of"wet"activities that focus
on photography,painting and crafts.Basic requirements include washable floors,perimeter
wall shelving and cabinetry,adequate overhead lighting ventilation,work sinks,supplies storage
area anda photography dark room (+/-10 people).
RecreationRoom:450 SF _fJ1_A **Recreation room designed for children of ages 6 through late teens.Room should be carpeted and
equipped with table games such as Ping-Pong tables etc.
Multipurpose Roomw/Stage:1800 SF #
This carpeted room is designed with movable seating for a variety ofevents ranging trom lectures,
plays,movies and community meetings.The room should have the capability to be subdivided
into two spaces.Adequate sound and lighting system should be incorporated for the stage
activities.Backstage spaces for changing rooms,equipment rooms,bathrooms and storage are to
be incorporated asneeded.
Activity Rooms:2(a).450 SF each
Each classroom is designed to support a range of "dry"type of recreational activities such as adult
education,lectures,events,etc.Each room is carpeted,well lighted,has provisions for
microphone,speakers and individual storage for chairs and tables.Room partitions should limit
sound spillover,yet fold completely out of view when both rooms are used.
After Schoolhouse Program:For the purpose of the Master Plan use the Phase 1 building as the
After Schoolhouse facility.
Senior Citizen's Activity Area:For the purpose of the Master Plan use the house across the park,
presently used by the Park Department for recreational activities,for this function.
Computer Room:450 SF
Each room is provided with adequate provisions for data and voice terminals for current and ruture
needs.The rooms aretobe furnished with appropriate furniture,anti-static carpet,and
non-reflective lighting.
Warming Kitchen:150 SF '.
Kitchen located nearthe activity rooms is primarily to support catered functions.Basic requirements to
include generous counterspace,with numerous electrical outlets,commercial
refrigerator,cabinetry,oven/range,and sink.
Administrative:
Goal:
To centralize the Parks and Recreation staffto increase the ability ofthe department to provide
more diverse programming for the South Miami community.
Objectives:
•Provide centralized access control and visitor management.
•Provide adequate support areas meeting areas,employee break room,restrooms,work area
for centralized copying/collating,files,first-aid room,and storage.
Design Program:
Administrative offices:1.000 SF
Basic requirements include space for Parks and Recreation Director (250 bt),an
Administrative Assistant (150 SF),Assistant Director (150 SF),Parks/I^dscaping.Supervisor
(100 SF),After Schoolhouse Program Director and Assistant work space (200 SF),tour (4)
work stations for program coordinators (150 SF).
Conference/meeting room:500SF ,,"•.-.j *•r>♦Conference room is designed to hold community groups and advisory board meetings.Basic
requirements include soundproof walls,durable carpeting,adequate lighting and a room
configuration suitable for a conference table.
Common Work Space:250 SFThisspaceisdesignedfor various Rec.Leaders,and other spaces for copying collating etc.
SupportSpaces:750SF „.,•.^Additional spaces for employee break room,restrooms,first-aid room and maintenance storage
asrequired.
Area Summary:
Indoor Athletic area
Recreation/Education areas
Administrative areas
Common spaces/entrance (a).25%
Total
17,150 SF
4,300SF plus After Schoolhouse and Senior Citizens Activity area.
2,500 SF
6.000 SF
29,950 SF
(Not including After School House and Senior's Activity area.)
Other issues/functions tobe incorporated:
Site access
Master Plan
Building access control
Security (cameras with central monitoring area at the access control)
Separate bathroom facilities for adults and children
Snack/juice bar,vending area
Furniture layoutand procurement
Parking
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES AFFIDAVIT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.This sworn statement is submitted to
(printnameofthepublicentity)
bv _____^____
(print individual's nameandtitle)
for __^_____
(printname of entitysubmittingswornstatement)
whose business address is
and (if applicable)itsFederalEmployer Identification Number(FEIN)is
(Ifthe entity hasno FEIN,include the Social Security Number ofthe individual signing
this sworn statement ___.)
2.-I understand thata"publicentity crime"as defined in Paragraph 287.133(l)(g)Florida
Statutesmeansaviolation of anystateorfederallawbyapersonwithrespecttoand
directlyrelatedtothetransaction of businesswithanypublicentityorwithanagencyor
politicalsubdivision of anyotherstateor of the United States,including,butnotlimited
to,anybid or contractforgoodsorservicestobeprovidedtoanypublicentityoran
agencyorpoliticalsubdivision of anyotherstateor of theUnitedStatesandinvolving
antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,ormaterial
misrepresentation.
3.Iunderstandthat"convicted"or"conviction"asdefinedinParagraph 287.133(l)(b),
FloridaStatutes,meansafinding of guiltoraconviction of apublicentitycrime,withor
withoutan adjudication of guilt,inanyfederal or statetrialcourt of recordrelatingto
chargesbroughtbyindictmentorinformationafterJuly1,1989,asaresult of a jury
verdict,nonjurytrial,orentry of aplea of guiltyornolocontendere.
4.I understand that an "affiliate"asdefinedinParagraph 287.133(l)(a),Florida Statutes,
means:
a.a predecessor or successor of a person convicted of apublic entity crime;or
b.anentityunderthecontrol of anynaturalpersonwhoisactiveinthe management
of theentityandwhohasbeenconvicted of a public entitycrime.Theterm
"affiliate"includesthoseofficers,directors,executives,partners,shareholders,
employees,members,andagentswhoareactiveinthe management of an
affiliate.The ownership byone person of shares constituting a controlling
interestinanother person,orapooling of equipmentor income amongpersons
whennotfor fair marketvalueunderanarm'slength agreement,shallbeaprima
faciecasethatone person controls another person.A person who knowingly
entersintoajointventurewithapersonwhohasbeenconvicted of apublic entity
crimein Florida duringthepreceding36monthsshallbeconsideredanaffiliate.
5.Iunderstandthata"person"asdefinedin Paragraph 287.133(l)(e),Florida Statutes,
means any naturalpersonor entity organizedunderthe laws.of anystateor of the United
States with thelegalpowertoenterintoabindingcontractand which bidsorappliesto
bid oncontractsfortheprovision of goodsorserviceslet by apublicentity,orwhich
otherwise transacts orappliesto transact businesswitha public entity.The term
"person"includesthoseofficers,directors,executives,partners,shareholders,employees,
members,andagentswhoareactivein management of anentity.
6.Based on information and belief,the statement which I have marked below istruein
relationtotheentitysubmittingthisswornstatement,(indicatewhichstatementapplies.)
.Neither the entity submitting this sworn statement,norany of its officers,
directors,executives,partners,shareholders,employees,members,oragentswhoare
active in the management of the entity,norany affiliate of the entity has been charged
with and convicted of apublic entity crimesubsequenttoJuly 1,1989.
The entity submitting thisswornstatement,oroneormore of its officers,
directors,executives,partners,shareholders,employees,members,oragentswhoare
active inthe management of theentity,oranaffiliate of the entity has been charged with
and convicted of a public entity crimesubsequenttoJuly 1,1989.
The entity submitting thisswornstatement,oroneormore of its officers,
directors,executives,partners,shareholders,employees,members,oragentswhoare
activeinthe management of theentity,oranaffiliate of the entity has been charged with
and convicted of apublic entity crimesubsequenttoJuly 1,1989.However,therehas
beenasubsequentproceedingbeforeahearingofficer of theState of Florida,Division of
Administrative Hearings andthe Final Orderentered by theHearingOfficerdetermined
thatit was not inthepublicinteresttoplacethe entity submitting thissworn statement on
the convicted vendor list,(attach acopy of thefinalorder)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR
THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO
UNDERSTAND THAT IAM REQUIRED TO INFORM THE PUBLIC ENTITY PRIORTO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUTN
/V
PROVIDED IN SECTION 287.017,FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(signature)
Sworntoandsubscribedbefore me thisday of 19_
My commission expires:
Personally known
OR Produced identification
Type of identification
N:'EGillopCSM\Fonn$\public emhy crimes affidtvitdoc
NotaryPublic,State of Florida
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH M.C.HARRY &ASSOCIATES,INC.,FOR AN AMOUNT OF
THREE HUNDRED AND THOUSAND FORTY-ONE THOUSAND FIVE HUNDRED AND
THIRTY FOUR DOLLARS;TO BE CHARGED TO ACCOUNT NUMBER 001-0000-131-1410;
AND PROVIDED THAT THE EXECUTED AGREEMENTS BE MADE A PART OF THIS
RESOLUTION.
WHEREAS,the City Commission desirestoretaina team of consultants forpre-
design,design,construction documents and construction administration of the City of
South Miami Multipurpose CenterPhaseII,and
WHEREAS,The City having followed the requirements established by Florida
Statute 287.055:Acquisition of Professional Services for Architects and Engineers,
recommended threetoprankedfirmsinorder of preference,and
WHEREAS,The City Commission ataspecial meeting on May 8,2000,through
resolution no.107-00-11000,authorized theadministrationto negotiate a professional
services agreement with the number one ranked firm,M.C.Harry Associates,and
WHEREAS,The negotiated professional services agreement isforan amount of
total lump sum fee of three hundred and forty-one thousand five hundred and thirty four
dollars ($341,534),and
WHEREAS,The amount will bechargedto account number 001-0000-131-1410
andis reimbursable through Community Development Block Grant (CDBG)MurrayPark
Fund.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1:Thatthe negotiated Professional Services Agreement isapproved.
Section 2:Thatthe executed agreementismadeapart of theresolution.
PASSED AND ADOPTED thisday of ,2000.
ATTEST:APPROVED:
CITY CLERK MAYOR
Commission Vote:
READ AND APPROVED AS TO FORM:Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
CITY ATTORNEY Commissioner Bethel:
Commissioner Wiscombe: