HomeMy WebLinkAboutSEOPW-CRA-M-02-0038ITEM 6
RECEIVED
RESOLUTION NO. SEOPW/CRA Ro_8�
CITY OF WHAMI (,hr,
A RESOLUTION OF BOARD OF DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("CRA") APPROVING THE SELECTION OF DESIGN BUILD -INTER
AMERICAN, MCM ENGINEERS AND GENERAL CONTRACTOR AND
TLMC ENTERPRISES, INC., PURSUANT TO A REQUEST FOR
QUALIFICATIONS FOR CONSTRUCTION MANAGER AT RISK
SERVICES, AND AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO
ENTER INTO A CONTRACT WITH EACH OF THE THREE SELECTED
FIRMS FOR A PERIOD OF TWO YEARS, WHICH MAY BE RENEWED FOR
TWO ADDITIONAL ONE YEAR PERIODS IF AGREED BY THE PARTIES
IN WRITING, IN A FORM ACCEPTABLE TO THE CRA GENERAL
COUNSEL.
WHEREAS, pursuant to a Request for Qualifications, the Board of Directors of the Southeast
Overtown/Park West Community Redevelopment Agency (the "CRA") desires to approve the selection
of three firms as Construction Manager at Risk, to perform various construction manager at risk
services; and
WHEREAS, the CRA desires to enter into a contract with each of the three firms selected as
Construction Manager at Risk for a period of two years, which may be renewed for two additional one
year periods if agreed by the parties to in writing, in a form acceptable to the CRA General Counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
incorporated herein as if fully set forth in this Section.
Section 2. The selection of each of the following three firms as Construction Manager at
Risk, to perform various construction manager at risk services: Design Build -Inter American, MCM
Engineers and General Contractor and TLMC Enterprises, Inc., is authorized.
SECw-
02- 38
MAY 0 8 ?W
CITY OF NUA'N'tl4 CRA
Section 3. The CRA Executive Director is authorized to enter into a contract with each of
the three firms selected as Construction Manager at Risk in Section 2 above for a period of two years,
which may be renewed for two additional one year periods if agreed by the parties to in writing, in a
form acceptable to the CRA General Counsel.
Section 4. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 2 th day of February, 2002
Arthur E. Teele, Jr., Chairman
kk
ATTEST:
Syl Scheider, Acting Clerk of the Board
APPROVED
AND CO&W
hello
Counsel
SEOPWIrr A,
02- 38
CITY OF MIAMI, FLORIDA REVISED ITEM 6
INTER -OFFICE MEMORANDUM
TO DATE: FILE
Chairman Arthur E. Teele, Jr. and February 25, 2002
Members of the CRA Board SUBJECT:
Construction Manager at Risk
FROM: REFERENCES:
Annette E. Lewis I
Acting Executive Director ENCLosuEesolution
RECOMMENDATION
It is respectfully recommended that the CRA Board approve the attached resolution approving the
selection of Design Build -Inter American, MCM Corporation, and TLMC Enterprises, Inc., pursuant
to a Request For Qualifications (RFQ), to perform Construction Manager at Risk services and further
authorizing the CRA to enter into separate contracts with the selected CM at Risk firms in a form
acceptable to the CRA General Counsel with terms of the agreement resulting from the subject RFQ
for a period of two years which may be renewed for two additional one year periods if mutually agreed
to in writing, in an amount not to exceed $10,000,000 through the terms of the contracts.
BACKGROUND
On July 30, 2001 the CRA Board adopted resolution SEOPW/CRA R-0I-106 which authorized staff to
issue an expedited and abbreviated RFQ for Construction Manager at Risk services for the renovation
and expansion of Jackson Soul Food, and the renovation of Two Guys Restaurant and Just Right
Barber Shop, pursuant to the 3Td Avenue Business Corridor resolution SEOPW/CRA 98-14. The CRA
receive proposals from seven (7) Respondents and interviewed each Respondent. The CRA is
recommending retaining the services of the three (3) shortlisted firms for the aforementioned projects
as well as other miscellaneous projects as needed and subject to the availability of funds.
SEOPW / CRA
4 02- 38
MOOIFIFT)
EM
eow� Re/-Nt4f 4s-t4 Age"
MEMORANDUM
DATE: February 15, 2001
TO: Honorable Arthur E. Teele, Jr. and
Members of the CRA Board of Directors
FROM: Annette E. Lewis, Acting Executive Director
SUBJECT: Selection Committee recommendation of CM at Risk
On February 151h, 2002 the Selection Committee for CM at Risk convened for reviewing
presentations by the respondents. After completing their tabulation, the following
companies had the highest scores, and were hence recommended by the Committee.
1. Design Build/Inter American
2. M.C.M. Corporation
3. TLMC Enterprises, Inc.
I am recommending that we move forward with negotiating professional service
agreement with each of the above referenced firms without delay. Attached please find a
copy of the tabulation sheets.
SEOPW / CPA
0 2 -ttr �+T3 8
ry OD1l-'T�JV
300 Biscayne Boulevard Way • Suite 430 9 Miami, Florida 33131 • Phone (305) 579-3324 9 Fax (305) 372-4646
m
CM @ RISK
Design i •
171
AAB 11101
SEOPW / CRA
02- 38
!'w/IODIFIED
1
2
3
5
4
6
Kalex
MCM
Design Build
Grace Naeem Uddin
Danville Findorff
AAB 11/01
CM @ RISK
SEOPW/ CRA
02- 38
m
SE®PW / CRA
-02- 38
P3
4.00
4.00
4.00
1 3.00
4.00
1 3.00
4.00
3.00
3.00
2.00
3.00
3.00
3.00
3.00
4.00
4.00
4.00
4.00
3.00
2.00
4.00
3.00
4.00
3.00
3.00
4.00
4.00
3.00
4.00
2.00
3.00
4.00
4.00
2.0
4.00
44.00
4.00
3.00
3.00
4.00
3.00
4.00
4.00
4.00
4.00
2.00
2.00
1.00
4.00
4.00
4.00
4.00
4.00
4.00
3.00
3.00
4.00
3.00
2.00
1.00
3.00
3.00
4.00
3.00
2.00
2.00
a) Miami 0
b) Dade 0
c) South Florida 0
d) Florida 0
Total= 0
(Amount/ $50,000)= Negative number
(Contracts as crime and subconsultant)
Modified
4.00
4
1
16
3.00
2
6
4.00
2
8
3.00
2
6
3.50
2
7
3.50
2
7
�Zo WXRA
02- 38
X4nnTPtFT)
4.00
4.00
4.00
4.00
4.00
4.00
b
4.00
2.00
3.00
4.00
4.00
4.00
c
jea
4.00
3.00
3.00
4.00
4.00
3.00
d
4.00
4.00
3.00
3.00
4.00
4.00
4.00
4.00
3.00
4.00
4.00
4.00
fl
3.00
1 4.00
4.00
4.00
4.00
4.00
a
4.00
4.00
4.00
4.00
b
4.00
2.00
4.00
2.00
c
C4.004.00
3.00
4.00
4.00
4.00
d
3.00
4.00
3.00
4.00
e
4.00
4.00
2.00
4.00
a) Miami 0
b) Dade 0
c) South Florida 0
d) Florida 0
Total= 0
(Amount/ $50,000)= Negative number
(Contracts as prime and subconsultant)
I
4.00
4
16
4.00
2
8
3.50
2
7
4.00
2
8
2
8
A4.00
4.00
2
8
0
4.00 4 16
3.00 1 3
4.00 2 8
3.50 2 7
4.00 2 8
Modified Total Score= Multi Her x Total ScoreX
02- 38
M®DIFTFD
I
Firm :�
Firm Name: Grace Naeem Uddin
PROJECT NAME: CM ()_ RISK
Selection Committe Members -
a) With the City 2.00
b) Outside the City 2.00
Total= 4.00 r 4
a) First job with the City 0
b) Recently formed(<2years) 0
Total= 0
a) Miami 0
b) Dade 0
c) South Florida 0
d) Florida 0
Total= 0
OPW/CRA
02. 38
MODIFIED
a) With the City 2.00
b) Outside the City 2.00
Total= 4.00 r 4
a) First job with the City 0
b) Recently formed(<2years) 0
Total= 0 r 0
a) Miami 0
b) Dade 0
c) South Florida 0
d) Florida 0
Total= 0
(Amount/ $50,000)= Negative number �0
(Contracts as prime and subconsultant)
AAB 11/01
SEOPW/CRA
02- 33
M®DIFTET)
Selection Committe Members
a
4.00
4.00
4.00
1 4.00
4.00
1 4.00
b
4.00
4.00
3.00
3.00
3.00
1 3.00
4.00
3.00
3.00
4.00
3.00
3.00
d
Mea
4.00
3.00
4.00
3.00
3.00
4.00
4.00
2.00
4.00
3.00
4.00
3.00
fl
3.00 1
2.00
4.00
3.00
3.00
4.00
4.00
2.00
3.00 1
3.00
4.00
1 3.00
4.00
3.00
4.00
2.00
3.00
2.00
4.00
2.00
4.00
1.00
1.00
1.00
4.00
2.00
3.00
4.00
3.00
4.00
3.00
2.00
4.00
3.00
2.00
3.00
a) Miami 0
b) Dade 0
c) South Florida 0
d) Florida 0
Total= 0
4.00
4
16
3.00
2
6
3.00
2
6
3.50
2
7
3.50
2
7
3.00
2
6
3.00 4 12
3.00 1 3
1.50 2 3
3.50 2 7
3.00 2 6
SEOPW/CRA
02- 38
MODIFIED
ElSelection Committee Member
Selection Committee Member Signature
(Aurora Badia)
PROJECT NAME: CM @ RISK
mrm vesignation -snort ust
a)
Understanding of the scope of services.
3
4
4
2
3
4
b)
Innovative approach to the project.
2
3
3
3
c)
Concepts and cost saving suggestions.
4
14J4
3
3
3
d)
Quality control.
4
4
3
3
e)
Quality of overall conceot of or000sal.
3
3
3
4
merit of the professional staff based on
VA
a)
Completed projects with similar or related functions or
objectives.
3
4
4
2
3
4
b)
c)
Previous collaboration with public agencies or City
Number of years of professional experience of the firm.
3
4
2
4
4
4
4
4
3
4
3
1
d)
Project manager's professional skill and experience.
2
' 2
3
3
3
3
e)
Other personnel's or subconsultant's skill and experience.
2
2
2
2
2
2
AA B IIM
SEOPW/CRA
02- 38
EVALUATION CRITERIA
F❑Selection Committee Member r„ Very poor/Strongly Disagreed
Selection Committee Member Signature Poor/ Disagreed
(Antonio Perez) Satisfactory/No opinion
PROJECT NAME: CM @ RISK Good/Agreed
Excellent/Strongly Agreed
Firm Designation -snort List
a)
Understanding of the scope of services.
3
3
4
2
3
4
b)
Innovative approach to the project.
2
3
4
3
3
3
c)
Concepts and cost saving suggestions.
3
4
3
3
3
3
d)
Qu lity control.
3
3
4
3
3
4
e)
Quality of overall concept of proposal.
3
2
4
2
2
3
f)
Technical merit of the professional staff based on
presentation.
3
3
4
3
3
4
IT�n
a)
etedprojects with similar or related functions or
ves.
4
4
4
4
4
3
b)
c)
Previous collaboration with public agencies or City
Number of years of professional experience of the firm.
2
4
1
4
2
4
2
4
2
4
2
1
d)
Project manager's professional skill and experience.
3
1
4
3
3
4
e)
Other personnel's or subconsultanfs skill and experience.
2
2
4
3
3
3
AAB 11/01
sEOPw/ CxA
02- 38
MODIFIED
EVALUATION CRITERIA
BBSelection Committee Member Very poor/Strongly Disagreed
Selection Committee Member Signature Poor/ Disagreed
(Neko C. G. ) Satisfactory/No opinion
PROJECT NAME: CM @ RISK Good/ Agreed
Excellent/Strongly Agreed
Firm Designation -SnOR LISt
a) Understanding of the scope of services. 2 4 4 3 3 4
b) Innovative approach to the project. 2 3 2 2 2 4
c) Concepts and cost saving suggestions. 2 3 3 2 3 3
d) Duality control. 3 2 4 3 2 3
Ie) IQuality of overall concept of proposal. I 2I 41 4I 21 41 2I
If) Technical merit of the Drofessional staff based on 1 21 41 41 21 21 2
a)
Completed projects with similar or related functions or
objectives.
2
2
4
2
2
2
b)
c)
Previous collaboration with public agencies or City
Number of years of professional experience of the firm.
4
3
4
4
1
3
2
2
4
4
3
2
d)
Project manager's professional skill and experience.
3
3
3
2
2
2
e)
Other personnel's or subconsultant's skill and experience.
2
3
2
1
3
2
AAB 11/V 1
SEOPW/CRA:
02- 38
EVALUATION7-77,-77717
DSelection Committee Member
Selection Committee Member Signature
(David Hernandez)
PROJECT NAME: CM @ RISK
Firm Designation
a) Understanding of the scope of services. 2 3
-Short
List
4 3
3
4
b)
innovative approach to the project.
2
2
4
2
2
3
c)
Concepts and cost saving suggestions.
3
4
4
3
3
4
d)
Qual y control.
3
3
3
3
2
3
e)
Quality of overall concept of proposal.
3
3
4
2
3
3
f)
Technical merit of the professional staff based on
presentation.
4
4
4
4
4
3
a)
Completed projects with similar or related functions or
objectives.
3
3
4
3
2
3
b)
c)
Previous collaboration with public agencies or City
Number of years of professional experience of the firm.
2
4
2
4
2
4
2
4
2
4
2
1
d)
Project manager's professional skill and experience.
3
3
4
3
2
4
e)
Other personnel's or subconsultant's skill and experience.
2
3
4
2
3
3
AAB 11/01
SEOPW / CRA
02 �- 38
MODIFIED
MemberDefection Committee Selection Committee .
PROJECT NAME: CM @ RISK
scope
cost
merit of the professional staff based on
Very poor/Strongly Disagreed
Poor/ Disagreed
Satisfactory/No opinion
Good/ Agreed
Firm Designation -5non LISt
n11111111111111!>�A
41 41 2
a)
Completed projects with similar or related functions or
objectives.
2
4
4
2
2
3
b)
c)
Previous collaboration with public agencies or City
Number of years of professional experience of the firm.
3
4
4
4
4
3
2
3
3
3
4
4
d)
Project manager's professional skill and experience.
3
4
3
2
2
3
e)
Other personnel's or subconsultant's skill and experience.
2
4
4
2
2
4
AAB 11ro1
SEOPWICRA
02- 38
MODIFi17,t)
r
EVALUATION CRITERIA
AlSelection Committee Member Very poor/Strongly Disagreed
Selection Committee Member Signature Poor/ Disagreed
(Dillie 1. Williams) Satisfactory/No opinion
PROJECT NAME: CM @ RISK Good/ Agreed
Excellent/Strongly Agreed
AAB I M
SE®PW/CRA
02w 38
MODIFTED
M
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
[Construction Manager at Risk Services]
This Agreement entered into this day of , 2002, by and between the
SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY, a
body corporate and politic of the State of Florida, (the "CRA"), and
_(FIRM)_., a corporation (the 'PRINCIPAL").
WITNESSETH
WHEREAS, the CRA has scheduled a substantial number of projects within the Southeast
Overtown/Parkwest Redevelopment Area (the 'Projects") that require professional construction
manager at risk services; and
WHEREAS, the Board of Directors of the CRA, by Resolution No. SEOPW/CRA R-
adopted on July 24, 2000, approved the selection of a construction manager at
risk firm to provide miscellaneous construction manager at risk services for the Projects (the
"Services") and authorized the Executive Director (the "Director") to negotiate the terms of and
execute an agreement with said firm for the provision of the Services; and
WHEREAS, the PRINCIPAL is the firm selected to provide the Services and the PRINCIPAL
and the CRA wish to execute this Agreement to set forth the terms and conditions of the engagement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the CRA and
the PRINCIPAL agree as follows:
SEOPW/CRA
7 02- 38
MOOT"FIF.T)
TERMS
1. Recitals. The recitals and all statements contained therein are hereby incorporated into and
made a part of this Agreement.
2. Term. The term of this Agreement shall be for one (1) year, commencing on the date hereof
and ending one (1) year thereafter (the "Expiration Date"), subject, however, to the provisions
of Section 12 hereof. The CRA has the right to extend the term hereof for two (2) additional
one (1) year periods subject to approval by the Director. In the event the PRINCIPAL is
engaged in any Project(s) on the above date, this Agreement shall remain in effect until
completion or termination of said Project(s). No new orders will be issued after the expiration
of the term.
3. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the,
CRA may request, and the PRINCIPAL shall provide, the Services, as defined in Section 4 and
5 below, for one or more Projects. No specific Project is designated under this Agreement.
The Project and the specific details of the Services required to be performed by the
PRINCIPAL shall be described in a Work Order to be issued by the CRA in accordance with
Section 5.13 hereof.
4. Definitions.
A. "Project" means various redevelopment projects as determined by the CRA within the
Southeast Overtown/Parkwest Redevelopment Area from time to time, including,
without limitation, the Third Avenue Business Corridor.
B. "Work" means Services to be rendered or provided by the PRINCIPAL for the Project.
C. "Services" means the Services described herein, to be performed by the PRINCIPAL
under this Agreement.
D. "Project Manager" means the Director or his/her designee.
5. Services.
E.13
SEOPW/CRA
02- 38
MODIFIED
PC
a. Strive to complete the Work within the time allowed by maintaining an
adequate staff of qualified employees on the Work at all times.
b. Be fully responsible for the professional and technical services required
to be rendered in the performance of the Work.
C. Cooperate fully with the CRA in order that all phases of the Work may
be properly scheduled, coordinated, and executed.
d. Report the status of the Project to the Project Manager upon request or as
required by this Agreement, and maintain all notes, calculations, and
related work open to inspection by the CRA, at all times during the term
hereof.
e. Promptly deliver to the Project Manager copies of minutes of all relevant
meetings relating to the Project at which the PRINCIPAL is present.
f. Be available for general consultation and advice at all times during the
term of the Project.
B. Requests For Services.
i. Except in emergency situations, all requests for Services shall be made by a
written Request For Services ("RFS") issued by the Project Manager. In case of
emergency, the CRA may issue a verbal RFS to be followed by a written RFS
(or, after approval, by a Word Order) and a Notice to Proceed, as soon as
practicable thereafter. The RFS shall describe the Project and each section of
the Work to be performed by the PRINCIPAL and the time schedule in which
the Work must be completed.
ii. Upon receipt of the RFS, the PRINCIPAL shall make arrangements to meet with
the Project Manager and a meeting shall be held within ten (10) days following
receipt of the RFS, to discuss the, estimated amount of compensation, and the
SEOPW/CRA
10 02- 38
MnT)TFMn
M
schedule and scope of the Work. All formats for the Work are to be as presently
used by the City of Miami Building and Zoning Department and/or the Public
Works Department, unless otherwise directed by the Project Manager. This is to
include but not be limited to plans, specifications and contract documents.
iii. Subsequent to the meeting, the PRINCIPAL shall submit to the CRA a proposal
at no cost to the CRA. If CRA and the PRINCIPAL agree on the amount of
compensation and the schedule and time for completion of the Work, then the
Project Manager shall issue a Work Order and Notice to Proceed.
iv. The Services to be rendered by the PRINCIPAL for the Project shall commence
within twenty-four (24) hours upon receipt of the Notice to Proceed and shall be
completed within the time agreed upon as shown in the Work Order. When a
Project has a deadline date and time is of the essence the CRA shall advise the
PRINCIPAL and completion time shall advise the PRINCIPAL and completion
time shall be agreed upon. A reasonable extension of the . work time will be
granted in the event there is a delay on the part of the CRA in fulfilling part of
the Agreement as stated herein or because of weather, civil disturbance, or other
reasons beyond the control of the PRINCIPAL.
V. The PRINCIPAL understands and agrees that failure to comply with the
foregoing provisions within the time required herein may result in the Project
being awarded to another firm.
6. CRA Services and Responsibilities. The CRA agrees to make available to the PRINCIPAL any
and all plats, drawings, records, plans and other data in CRA's possession pertaining to the
Work to be performed for the Project.
7. Scope of Work. The PRINCIPAL will be required to provide miscellaneous construction
manager at risk services. These services may include, but may not be limited to designing and
SEOPW / CRA
11 02- 38
MODIFFT)
preparing construction plans and specifications for the Projects including, without limitation,
streets, sidewalks, lighting and fencing and specialized engineering tasks; bidding/contract
award assistance; reviewing and modifying, as necessary, previously designed projects to
conform such projects with current requirements of all applicable governmental agencies and
current polices and standards for project design and construction; discussing requirements of
the plans with engineers, contractors, builders or owners; make corrections to plans and return
them for resubmission, when required; process walk through of commercial and residential
projects; assist the public, contractors, architects, engineers and homeowners with plans, review
and code interpretation; provide inspection services for buildings enforcing the South Florida
Building Code; conducting inspections during construction; applying for all necessary permits
from all applicable governmental agencies; conducting engineering and hydro -geological
studies, including, without limitation, modeling services; performing soil and groundwater
sampling and analyses; performing contaminated soil management; performing treatment of
contaminated de -watering effluent; providing setup, operation and maintenance of groundwater
treatment systems; providing construction manager at risk consulting services; coordinating all
construction contractors performing construction and phasing activities, including, without
limitation, excavation; providing office and field personnel to assist the CRA staff; performing
shop drawing review; reviewing post construction documentation; claim resolution and any
other miscellaneous tasks as may be required.
8. Approval of Calculations, Reports and Drawings. The CRA agrees that within thirty (30) days
after delivery to approve, reject, or return with indicated suggested revisions or
recommendations, all field notes, drawings, calculations, reports or other written
communications submitted by the PRINCIPAL to the CRA for approval. Such approval,
4 revisions or recommendations by the CRA shall not relieve the PRINCIPAL of its
responsibility for the Work. Any errors noted in the calculations or drawings submitted by the
SF®PW/CRA
12 pkV8
it
so
PRINCIPAL will be corrected at no additional cost to the CRA. All certified plans and other .es
final drawings required under this agreement shall be delivered to the CRA in a reproducible Jar
form such as an original ink drawing on high quality Vellum or a reverse mylar made from an of
original ink drawing. In either case, the reproducible of registered plans shall be affixed with
the engineers, embossed seal and signature.
Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to Exceed Fee", as
described hereunder, based on the nature and scope of the Work. The method of compensation
shall be agreed upon prior to issuance of the Work order. Notwithstanding anything herein to
the contrary, the CRA and the PRINCIPAL agree that the total compensation permitted for all
work under this Agreement shall not exceed the sum of $ ; which amount shall
be increased by $ for each year the term of this Agreement is extended to a
maximum amount of $ be
A. FIXED FEE: The fee for a task or a scope of work based on a fixed fee shall be
mutually agreed upon by the CRA and the PRINCIPAL.
B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is mutually agreed upon, the
amount of compensation shall be based on an hourly rate fee. The hourly rate fee shall
be computed based on the hours worked by individuals in the following categories. The
Hourly Rate for each category, as shown below, includes all equipment, supplies,
materials, tools labor, wages, taxes, insurance, benefits, overhead and profit and shall be
applicable to any necessary overtime work.
Category
Building Inspector
Administrative (Billing, Reports)
Clerical (Filing, Light Word Processing)
Hourly Rate
;es
for
by
the
the
Jer
in
the
,ed
10 13
SECPW/CRA'
02- 38
MODIFPED
MM
Subconsultants"). The PRINCIPAL shall employ Approved Subconsultants where their
specialties are required to perform the Work for an assigned Project.
B. The PRINCIPAL may choose additional Subconsultants provided it first obtains the
prior written approval of the CRA. The PRINCIPAL may not exclude Approved
Subconsultants from a Project without the CRA's prior written consent. The reasons for
hiring additional Subconsultants or for the replacement of the Approved Subconsultants
shall be detailed in the PRINCIPAL's written request for CRA's consent.
C. The PRINCIPAL shall be responsible for all the work of its organization, employees
and its Subconsultants. Nothing contained in this Agreement shall create any
contractual relationship between any of the Subconsultants working for the
PRINCIPAL and the CRA. The PRINCIPAL agrees and understands that it is in no
way relieved of any responsibility under the terms of this Agreement by virtue of any
other professional who may associate with it in performing the Work.
a D. Subconsultants that must be used are:
14. Conflict of Interest.
A. The PRINCIPAL covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with this Agreement has any personal
financial interest, direct or indirect, with CRA. The PRINCIPAL further covenants that,
in the performance of this Agreement, no person having such conflicting interests, shall
be employed. Any such interests on the part of the PRINCIPAL or its employees, must
be disclosed in writing to CRA.
B. The PRINCIPAL is aware of the conflict of interest laws of the City of Miami (City of
Miami Code Chapter 2, Article V) , Miami -Dade County, Florida (Miami -Dade County
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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.
15. Ownership of Documents. All reports, tracings, drawings, plans, specifications, survey
information maps, computer media, and other data developed by the PRINCIPAL for the
purpose of this Agreement shall become the property of the CRA without restriction or
limitation upon use and shall be made available by the PRINCIPAL at any time upon request of
the CRA. When any work contemplated under this Agreement is completed or for any reason
terminated prior to completion, all of the above data shall be delivered to the Project Manager.
16. Termination and Suspension of Agreement.
s A. The CRA retains the right to terminate this Agreement at any time prior to the
completion of the Work without penalty to the CRA. In such event, the CRA shall give
written notice of termination to the PRINCIPAL and the PRINCIPAL shall be paid for
services rendered up to the date of the notice, provided, however, that the PRINCIPAL
is not in default under the terms of this Agreement and as set forth in Section 23 hereof.
B. In the event of termination, all documents, plans, and other documents developed by the
PRINCIPAL under this Agreement shall become the property of the CRA, with the
same provisions of use as set forth herein.
C. It is further understood by and between the parties that any information, contract
documents, plans, drawings, or any other matter whatsoever which is given by the CRA
to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of
the CRA and shall not be used by the PRINCIPAL for any other purposes whatsoever
without the written consent of the CRA.
17. Award of Agreement. The PRINCIPAL warrants that it has not employed or retained any
company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any
company or person any fee, commission, percentage, brokerage fee, or gifts or any other
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16 02- 38
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consideration contingent upon or resulting from the award or making of this Agreement. The
PRINCIPAL also warrants that to the best of its knowledge and belief no Commissioner,
Mayor or other officer or employee of the CRA is interested directly or indirectly in the profits
or emoluments of this Agreement or the Work.
18. Entire Agreement. This Agreement represents the entire and integrated agreement between the
CRA and the PRINCIPAL and supersedes all prior negotiations, representations or
Agreements, either written or oral. This Agreement may be amended only by written
instrument executed by CRA and the PRINCIPAL.
19. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their
i respective heirs, executors, legal representatives, successors and assigns.
20. Right to Audit. The CRA reserves the right to audit records of the PRINCIPAL pertaining to
this Agreement anytime during the term hereof, and for a period of three (3) years after final
payment is made under this Agreement.
21. Insurance. The PRINCIPAL shall maintain during the terms of this Agreement the following
insurance:
A. Comprehensive General Liability Insurance in amounts not less than $1,000,000.00
Combined Single Unit for bodily injury and property damage liability and said
insurance shall include contractual liability coverage. The CRA shall be named as
primary Additional Insured.
B. Professional Liability Insurance in a minimum amount of $1,000,000.00 covering all
liability arising out of the terms of this. Agreement.
C. Workers' Compensation Insurance in the statutory amounts.
D. Automobile Liability Insurance in the minimum amount of $1,000,000.00 covering all
owned, non -owned, and hired vehicles used by the PRINCIPAL in connection with
work arising out of this Agreement and a $4,000,000.00 umbrella policy for driving
SE®PW / CRA
17
0 IODIFIM
AOA. Coverage shall be written with at least statutory amounts for Bodily Injury and
Property Damage.
E. Excess (Umbrella) Liability Insurance in the minimum aggregate amount of
$1,000,000.00.
F. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and which are approved according to specifications of the
Risk Management Division of the City of Miami. All policies required hereunder shall
name the CRA as "Additional Insured".
G. The PRINCIPAL shall furnish certificates of insurance to the CRA prior to the
' commencement of any Work, which shall clearly indicate that the PRINCIPAL has
obtained insurance in the type, amount and classification as required for strict
compliance with this Section and that no material change or cancellation of the
insurance shall be effective without the thirty (30) days written notice of the CRA.
H. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its
liability and obligations under this Section or under any portion of this Agreement.
22. Right of Decisions. All services shall be performed by the PRINCIPAL 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 PRINCIPAL does not concur in the judgment of the Project
Manager as to any decision made by him, the PRINCIPAL shall present his written objections
to the Director and submit to the Board of Directors of the CRA for determination.
18
SEOPW/CRAB
02- 38
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23. Non -Discrimination. The PRINCIPAL shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, age, national origin, handicap or
marital status. The PRINCIPAL shall take affirmative action to ensure that applicants are
employed, without regard to their race, color, religion, sex, age, national origin, handicap or
marital status. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Personnel Officer setting forth
' the provisions of this Equal Opportunity Clause.
24. Construction of Agreement. The parties hereto agree that this Agreement shall be construed
and enforced according to the laws, statutes and case law of the State of Florida.
25. Independent Contractor. The PRINCIPAL and its employees and agents, shall be deemed to be
Independent Contractors and not agents or employees of the CRA; and shall not attain any
rights or benefits under the Civil Service or Pension Ordinance of the City of Miami, or any
right generally afforded classified or unclassified employees; further they shall not be deemed
entitled to Florida Workers' Compensation benefits as employees of the CRA.
26. Non-Dele ag bility. It is understood and agreed that the obligations undertaken by the
PRINCIPAL pursuant to this Agreement shall not be delegated or assigned to any other person
or firm without the CRA's prior written consent, which may be withheld at CRA's sole
discretion.
27. Default Provision. In the event that the PRINCIPAL 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 CRA, in addition to all other remedies available by law, at its sole
option, upon written notice to the PRINCIPAL may cancel and terminate this Agreement, and
SEOPW/CRA
19 02_ 38
NAM)L MY1
El
all payments, advances or other compensation paid to the PRINCIPAL by CRA while the
PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to
CRA.
28. Contingency Clause. Funding for this Agreement is contingent on the availability of funds and
continued authorization for program activities and is subject to amendment or termination due
to lack of funds or authorization, reduction of funds, and/or change in regulations.
29. Minority Procurement Compliance. The PRINCIPAL acknowledges that it has been furnished
a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and
agrees to comply with all applicable substantive and procedural provisions therein, including
any amendments thereto.
30. Indemnification. The PRINCIPAL covenants and agrees that it will indemnify and hold
harmless the CRA, its officers, agents and employees from any and all claims, losses, damages,
costs, charges or expenses arising out of or in connection with the negligent acts, actions, or
omissions of the PRINCIPAL or any of its officers, agents, employees, whether direct or
indirect, provided, however, that the PRINCIPAL shall not be liable under this Section for
damages or injury arising out of or directly caused by or resulting from the sole negligence of
the CRA or any of its agents, officers or employees. The indemnity provided herein is not
limited by reason of any particular insurance coverage in this Agreement.
31. Notice. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered 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:
20 SEOPW/CRA
02- 38
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Southeast Overtown/Parkwest
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Florida 33131
Attn: Robert L. Tyler
City of Miami
444 SW 2°d Avenue
91h Floor
Miami, Florida 33130
e Attn: Alejandro Vilarello, Esq.
PRINCIPAL:
Attn:
32. Amendments. No amendments to this Agreement shall be binding on either party unless in
writing and signed by both parties.
33. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
B. 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 rule.
C. 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.
D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement
be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase 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
21 SEOPW/CRA:
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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.
IN WITNESS WHEREOF, the parties hereto have, through their proper corporate officials,
executed this Agreement, the day and year first above set forth.
ATTEST:
By:
Corporate Secretary Name:
Title:
(FIR1Vn ., a
corporation
SEOPW/CRA
22 02 - 33
MODIFIF
r
ATTEST:
Sylvia Scheider
Acting Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
CRA General Counsel
m
SOUTHEAST OVERTOWN/PARKWEST
COMMUNITY REDEVELOPMENT
AGENCY, a body corporate and politic of the
State of Florida
By:
Annette E. Lewis
Acting Executive Director,
SEOPW / CRA
23 02�... 3$
MODIFTFT)