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Resolution 6284 RESOLUTION NO. 6264 ? HEREAS, the services of an architect are required in connection with the construction of a baseball grandstand and other appurtenances in Flamingo Park, and 1.fHER:"SAS, it is deemed to be to the best interest of the City of Miami Beach to employ L. Murray Dixon, Architect, to prepare preliminary studies, working drawings and specifications and to supervise the construction, and WEER MS, said L. Murray Dixon has proposed to render suchser- vices on the terms and conditions set forth in a draft of agreement hereto attached, with the terms of which the City Council is familiar, NOW, THEREFORE, BE IT RESOL71 by the City Council of the City of Miami Beach, Florida, that the id,ayor and City Clerk be and they are hereby authorizedand directed to execute said agree- ment' in the name of and on behalf of said City. PASSED and ADOPTED this 7th day of May, A. D. 1947. dip mp, i /0/ 'IS yor Attest : d. !/1/ City C erk AGREEk''.ENT MADE THISh DAY OF MAY, 19k7 BY AND BETWEEN THE CITY OF MIAMI :EACH, FLORIDA , HEREINAFTER CALLED THE CITY, AND L. MURRAY DIXON, HEREINAFTER CALLED THE ARCHITECT. NHEREAS THE CITY INTENDS TO ERECT A BASEBALL GRANDSTAND AND OTHER APPURTENANCES IN FLAMINGO PARK, MIAMI BEACH, FLA ., AND JHEREAS THE CITY REQUIRES ARCHITECTURAL AND STRUCTURAL ENGIN* EERING NGIV- EERING SERVICES IN THE ERECTION OF SAID PROJECT: NOW, THEREFORE IT IS MUTUALLY AGREED BY THE PARTIES HERETO THAT: FIRST: THE ARCHITECT ' S PROFESSIONAL SERVICES SHALL CONSIST OF THE PREPARATION OF PRELIMINARY STUDIES, ARCHITECTURAL WORKING DRAWINGS AND SPECIFICATIONS, STRUCTURAL ENGINEERING WORKING DRAWINGS AND SPECIFICATIONS, AND SUPERVISION OF THE CONSTRUCTION, EXCEPT STRUCTURAL, ELECTRICAL, MECHANICAL, AND PLUMBING. SECOND: THE ARCHITECTURAL SERVICES CONTEMPLATE THE FURNISHING OF TEN ( 10) SETS OF BLUE PRINTS OF ARCHITECTURAL AND STRUCTURAL PLANS AND SPECIFICATIONS . THIRD: ELECTRICAL, MECHANICAL, AND PLUMBING ENGINEERING SERVICES REQUIRED IN THE CONSTRUCTION OF THIS PROJECT SHALL BE FURNISHED BY THE CITY APART FROM THIS AGREEMENT. ENGIN- EERING SERVICES, AS REFERRED TO, SHALL INCLUDE CONSULTATION, WORKING DRAWINGS AND SPECIFICATIONS, AND SUPERVISION OF THE CONSTRUCTION OF THOSE PORTIONS OF THE WORK . SUPERVISION OF THE WORK SHOWN ON THE STRUCTURAL ENGINEERING WORKING DRAWINGS AND SPECIFICATIONS SHALL ALSO BE FURNISHED BY THE CITY . FOURTH: THE CITY SHALL, SO FAR AS THE WORK UNDER THIS AGREEMENT MAY REQUIRE, FURNISH THE ARCHITECT WITH THE FOLLOWING INFOR- MATION: A COMPLETE ANO ACCURATE SURVEY OF THE BUILDING SITE, GIVING THE GRADES AND LINES OF STREETS, PAVEMENTS, PLAYING FIELD, AND ADJOINING PROPERTIES; THE RIGHTS, RESTRICTIONS, EASEMENTS, BOUNDARIES, AND CONTOURS OF THE BUILDING SITE, AND FULL INFOR- MATION AS TO SEWER, WATER, GAS AND ELECTRICAL SERVICE. FIFTH: THE CITY WILL PAY TO THE ARCHITECT FOR HIS SERVICES A SUM EQUAL TO SIX (6%) PERCENT OF THE FINAL COST OF THE CONSTRUC- TION OF THE BUILDING PROJECT, SAID SUM TO BE PAID IN THE FOLLOW- ING MANNER: (A ) UPON THE SIGNING OF THIS AGREEMENT, THE SUM OF 2, 000.00. (B ) UPON THE COMPLETION OF THE ARCHITECTURAL WORKING DRAWINGS AND SPECIFICATIONS AND STRUCTURAL WORKING DRAWINGS AND SPECIFICA- TIONS; CORRELATION OF THOSE ENGINEERING WORKING DRAWINGS AND SPECIFICATIONS FURNISHED BY THE CITY WITH THOSE FURNISHED BY THE HRCHI - TECT; THE SUM OF Ph 5, 000.00. (C) :;HEN THE CONSTRUCTION OF THE BUILDING PROJECT IS COMPLETE, A SUM SUFFICIENT TO BRING THE TOTAL PAYMENTS TO 6% OF THE CONSTRUCTION COST. PAGE I OF 2 SIXTH: FOR THE PURPOSE OF DETERMINING THE PAYMENTS CALLED FOR IN ARTICLE FIFTH, THE CONSTRUCTION SHALL BE DEEMED TO INCLUDE ALL WORK CA LLE D FOR BY BOTH ARCHITECTURAL AND ENGINEERING DRAWINGS AND SPECI = ICATIONS PERTAINING TO THE BASEBALL GRANDSTAND, TICKET BOOTHS, FENCE ENCLOSURES AND SCOREBOARD . IORK NOT I NCLU DEO SHALL BE: THE PLAY 1 NG FIELD, LIGHTING NOT INCLUDED IN THOSE ITEMS MENTIONED IN THE PRE- CEDING SENTENCE, STREET AND PARKING LOT PAVING, AND LAND" SCA P I NG. SEVENTH: IT IS FURTHER AGREED BETWEEN THE PARTIES HERETO THAT SHOULD THE CITY FAIL TO ERECT THIS BUILDING PROJECT FOR ANY REASON, THE ARCHITECT IS SERVICES SHALL TERMINATE UPON THE COMPLETION OF THE ARCH ITECTURA L WORKING DRAWINGS AND SPECIFICATIONS AND THE CORRELATION OF THE. ENGINEERING DRAWINGS AND SPECIFICATIONS THERETO, AND THE PAYMENTS CALLED FOR UNDER ITEMS (A ) AND (B ) OF ARTICLE FIFTH, SHALL BE THE ONLY FEE DUE THE ARCHITECT UNDER THIS AGREEMENT . EIGHTH: ORIGINAL 1RCHITECTURAL DRAWINGS AND SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE PROPERTY OF THE ARCHITECT WHETHER THE WORK FOR WHICH THEY ARE MADE BE EXECUTED OR NOT. NINTH: THE CITY AND THE ARCHITECT EACH BINDS HIMSELF, HIS PARTNERS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS TO THE OTHER PARTY TO THIS AGREEMENT, AND TO THE PARTNERS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS OF SUCH OTHER PARTY IN RESPECT OF ALL COVENANTS OF THIS AGREEMENT . IN WITNESS WHEREOF, THE PARTIES HEREUNTO HAVE DULY SIGNED THESE PRESENTS THE DAY ANO YEAR FIRST ABOVE WRITTEN. CITY OF MIAMI BEACH / BY ( L. s. ) 4114.1 1I TNESS / MAYOR ATTEST: CITY CLERK 4.02. ,1 _ 1 ( L. s. WITNESS L. 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