HomeMy WebLinkAboutOMNI-CRA-R-02-0030OMNI/CRA ITEM 3
RESOLUTION NO. 0 2 r 30
A RESOLUTION OF. THE BOARD OF DIRECTORS OF
THE OMNI COMMUNITY REDEVELOPMENT AGENCY
("CPA") AUTHORIZING THE EXECUTIVE DIRECTOR
TO EXECUTE AN, AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO
PIGGYBACK OFF OF MIAMI-DADE COUNTY'S
AGREEMENT WITH WALLACE ROBERTS AND TODD
("WRT"), P & R PROJECT NO. A00 PARK-01,
DATED NOVEMBER 8, 2001, FOR LANDSCAPE
ARCHITECTURAL AND PARK PLANNING SERVICES
COMMENCING RETROACTIVELY AS OF MAY 1, 2001,
FOR THE FULL CONTRACT AMOUNT OF $500,000,
SUBJECT TO THE AVAILABILITY OF FUNDS FROM
ACCOUNT NOS. 686001.59032.270,
689001.550108.270 AND 689004.55001.6.270;
AND FURTHER AUTHORIZING THE EXECUTIVE
1 DIRECTOR TO DESIGNATE WRT AS THE GENERAL
PLANNING CONSULTANT TO THE CRA.
WHEREAS, the CRA desires to eliminate blight in the
Redevelopment Area by providing architectural landscape and park
planning services; and
WHEREAS, Wallace Roberts and Todd has agreed to provide the
architectural landscape and park planning services for the CRA;
and
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WHEREAS, for the services, Wallace Roberts and Todd will
allow the CRA to piggyback off of its contract with Miami -Dade
Community, P & R Project ,No. A00 Park-01, dated November 8,
2001.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE OMNI 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 Board of Directors authorizes the
Executive Director to execute an agreement, in a form acceptable
to the City Attorney, to piggyback off of Miami -Dade County's
agreement with Wallace Roberts and Todd, P & R Project No. A00
Park-01, dated November 8, 2001,"for landscape architectural and
park planning services commencing retroactively as of May 1,
2001, for the full contract amount of $500,000, subject to the
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availability of funds from Account Nos. 686001.590320.270,
i
689001.550108.270 and 689004.55001.6.270.
Section 3.
The
Executive Director is further
authorized
to designated WRT
as the
general planning consultant
to the CRA.
Section 4. The Resolution shall be effective upon its
adoption.
PASSED AND ADOPTED on this 25th day of April, 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO
ARTHUR E. TEELE, JR., CHAIRMAN
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Lands ca Architecture
Pe
.
Professional Services
- Agreement
P & R Project No.
A00 Park-01
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02- 30
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Landscape Architecture Profisiloual Services Agreement
Table of Contents
Maml-Dade County Disclosure Affidavit
1&09.&2)
Sworn Statement on Public Entity Crimes
18,09-43)
Aimnual. Drug FM Workplace Affldavit
1&09A.4)
Disability NondisedwInatioa Affidavit
18.69JLS)
Family Leave Plan Affidavit
18+09.&6)
Fair Wage Affidavit
1&09.&7)
Project Fresh Start WOVAMTO-Wgrk Indative
18-09A.8)
CADD Drafting Standards
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LANDSCAPE ARCHITECTURE PROFESSIONAL
SERVICES AGREEMENT A00 PARK-01
s ` BETWEEN NE(AMU)DADE COUNTY
PARK AND RECREATION DEPARTMENT
AND CONSULTANT
This AGRBBbjW'T, entered into this day of 2001;
by and between Miami Dade County, a political subdivision of the Sate of Florida,
herchaftcr referred to as the "COUNTY," and Wallace Roberto & Todd L.L.C.
a Florida buaiuos entity hereinafter referred to as the "LANDSCAPE ARCHITECT"
WITNEMM:
For and in consideration of the mutual agreement hereinafter contained, the
COUNTY hereby retains the LANDSCAPE ARCHITECT and the LANDSCAPE
ARCIITECT hereby oovenanu to provide the, professional services prescribed herein in
connection with General Consuldtrg Landscape Architectural and Park PIanning
Consultant services.
SECTION I -COUNTY OBIJg&TION
1.01) The COUNTY agrees that its Park and PWmiag Department shall furnish to the
y... LANDSCAPE ARCFMCT any plans, surveys and other data availablo in the
COUNTY files pertaining to the work to be performed under this Agreement,
Required informational base plans shall be. f rubhod by the COUNTY. The
Director of the Park and Recreation Department shall issue written authmxization
to proceed to the LANDSCAPE ARCHITECT for each section of the work to be
perlbrmod hervinafter. In case of emergency, the COUNTY rescrvas the right to
issue oral authorization to the LANDSCAPE . ARCMTECT with the
understanding that written confirmation shall follow immediately thareafter.
1.0;) The LANDSCAPE ARC MCT shall submit a proposal upon the Park and
RAcreation Director's request prior to the issuance of. a Work Order. No payment
tball bo made for the LANDSCAPE ARCIirM='S time or servioes in
cormeWon with the preparation of any mch proposal. Tire Paris and Re=Wvn
Director or his or her authorized representative shall confer. with the
LANDSCAPE ARCHITECT before any Work Order is issued to discuss and
agree upon the scope, time for completion and foe for servicesto be rendered
p=umt to this Agreement.
SECTION II PROFESSIONAL SERVICES
Z.01) Upon receipt of authorization to proceed fiom }he Director of the Park and
Rem -cation Department, the LANDSCAPE ARCHITECT agrees to perform
professional services associated with the requested work in aaoordance with the
negotiated teams of the applicable Work Order. Such work may inoladc projects
involving paudcs, public buildings or facilities and any other public property. The
scope of services performed may include, but shall not be limited to-
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2.02) Landscape Architectural Services
2.02.A)
Consultation
2.02.13)
Conceptual and Preliminary Design Master Site Plans
2.02.C)
A Final MasterPlan for Approval
2:02.D)
Play Details for all Landscape Arcliitac41ral Construction
2.02.E)
Grading nd Drainage Plans, including Cat and Fill Caloulatiorta,
when requested
2.02.F)
Inigation Plans
2101.G)
Planting Plaits
2.02.E
Itemized Cost Estimates for any or all phases of the development
2A2JD
Construction Documents
7.02J) Observation and Admininnition of Construction of the pr4ect
1.02JQ . held notes, Calculations and related materials for Roview and
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Inspection, when requested by the Director of the Department or his
Authorized Agent
2.02.L)
Status Reports on the Services being provided, when requested
2.02.11Q
Prescutation of the Approved Plan to the General Public, including
Plan R.er dmings, Skrtches or other related materials whichmay be
necessary cessary for effective presentation.
2.02.11);.
Any other type ofprofwsional service custornan7y provided by a
landscape arcbitect.
2.03) Park Planntrtg Services
2,03.A)
: Consultation and Polloy Analysis
2.03.13)
R.ecroation Needs Assesetneuts to Iaoludo Detnographic, Market and
R=aation Opportrn* Analysis of Project Areas
2.03.C)
Park Site Acquisition and Development Assessment to include
OpportunityAnalysis, Use Resbdotions, Market Value, and
Tnfrastruature and Mitigation Requirements
2.03.D)
Public Participation through Surveys, Focus Groups, Public Meetings
and Planning Workshops
2.03.E)
Environmental Survey, Audits and lmpact Studies
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2.03.P) Historical Surveys and Related Reports
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.2.03.G) Arobaeological Surveys =4..galated Reports
2.03.E) market and Economic Feasibility Aaidy6ls for Park Acquisition
Development, and oporation
2.03.1) Preparation offark, mid Recreation. Fa6kty Design Programs
2." In cv=jacffon with professional services to -be rendered pu=ant to this
Agreemmt the LANDSCAPE ARCHITECT further agrees'to:
2,04.A) maintain an adequate staff ofqualffied personnel on the work at all
times to easure, its completion within the term specified in tho
applicable Work Order.
2,04-B) comply with any federal, state and local laws or ordin]ances applicable
to the work,
2.04.Q Cooperate My with the COUNTY in the wleduling and coordbud;n
of all phases ofthe work.
2,04,D) Report tbo -status of the work to the DYactor bf the Pxzk =4
Remudoix Dcpw=mt upon request and :hold pine date,
caloulagod field notes, records, sketches and officr *ducts open to
the inspettion of the DhvoWr of the Psik and Recreation Depa#xxont
or Iiis or her authozized agent at arty times
2.04.E) Submit for COUNTY roview desip computations; sketches and odw
data representative of the work's pvgrm at the percentage stages of
completion which may be stipulated in the applicable Work Order.
Submit 'for COUNTY approve] the final -work products upon
inomporation of any modification requested by the County -during any
Previous review.
2.04X) Confcr with th6 COUNTY at any time during the further developmW
and implementation of improvements for which the LANDSWA
ARCEMCT bas provided design or other services as to intarproWflort
of plans and other documents, correction of errors 'and omissions, and
preparation.- of. any necessary, plan thereof The LANDSCAPE
ARCEXOM shall not be compensated for the corrections of errors
and ornissions,
2.04,G) Prior to final approval of the work by the Director of the Park aid
Recreation Department, complete a preliminary check of any
oftetruction documents through arty county, ci% stater, or federal -
agency from which aperralt or other approval is req*cd.
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6ECTION 1II TII1'!E FOR COMPLLMON
3.01) Tboe Services to be rendered by the LANDSCAPE ARCHITECT for each section
Of the work eb41 commence upon receipt of a written Wodc Order from the
Director of the Park and Recreation Department subsequent to the exeoution of
the Agreement and shall be completed within the time stated in the Work Order.
3.02,) A reasonable extmasion of time shall be granted b; the*ent them is a delay on the
part of tiie couT Y in fulfilling its part of the Agreeaslent or should weather
eonditiow or acts of God render performance of the LANDSCAPE
ARCEMCT'S defies impossible. Suoh'extcm on of t1rde- hall be granted only
upon written request by the LANDSCAPE ARC'HMCP and shall requite written,
approval by the Director of the Park and Recreation Department. Such octensions
of time shall not be cause'for any claim by the Landscape Architect for extra
compensation.
SECTION W-CO1V�ATTON
4.01) Tice COUNTY agrees to pay and the LANDSCAPB ARCMItCT agrees to
aooeA for vicos rendered pursuant to this Agreement, . fees and
seaother
oompan don computed in ae'oordance with one or a combination of the methods
outlined belm .
4.01:A,) Foe as m Multiple of Direct SOM Cost and Fined Hourly Rate
4.O1.A.1) The fee for Landscape Arrhbztmal services undered by
the LANDSCAPE ARC HU='S peasonuel, principals
excluded, shall bo computed based on the direct salaty cost,
as reported annually to tho L*mul Revenue Service, for
the time of said personnel eagaged directly in the 'o, f
' tames a negotiated multlpHcr of 2.85. This fee shall
eq*Ututo full payment to the LANDSCAPE ARCHITECT
for costs incurred In the performancs of the wo*, such as
overhead, fringe bene9ts, operating •margin and all other
costs not covarod by reimbursable expemres.
4.01.A.2) The LANDSCAPE ARC EMCT shailbe compiented at
the flat rate of S 100.00 per hour fox the time of principals
engaged dnrectly in the work. This rato shallnot bo subject to
the noggtiated multiplier and shall be applied to the time
sport on requested work by the fbRowing principal(s):
4.01.A..3) Ovortimc work considered necessary and authorized by the
Mroctor of the Park and Recreation Depardmcnt shall be
compensated at time,-andla half of alto rate established by
Subsection 4.01.A hereof for personnel.
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4.01X) LUMP Sam Fee
The fee for any requested portion of woric may, at the
option of the CQLINTY, be a lump sum mutually agreed
upon by the "COUNTY and the . LANDSCAPE
ARCHITECT and stated in the writtie-n. Work Order.
4.QlvQRdwbursable Expenses
.4.01.C.1) The LANDSCAPE ARCHrrBCT shall be compedsated for
certain work -related expenditum not covered'by toes for
LmAwape Awhltaoture] services, provided such
expenditures are previously aufhorivAby the Dkww of
the Park and Recreation Department Reknbmuble
expenses may include:
4.01.C.1A.) Expenses for doe meat reproduction, ;mtd of
specialized, equipment, and purchase of,
special k9trUMCCU AO==rY for the efficient
performance of the work provided that sash
instmaus remain the property of &o
COUNTY upon work completion. 71me
expenses shall be. reimbursed on a direct cost
basis.
4.01.C.119) Expenses for travel, transportation and
subsistence outside Miami -Dada County will
be reimbursed according to the provision of
Florida Statues Section 112.*061 presently
written or harcafter amended and Miami -Dade
County Administrative Ordors,
4.01-D MailMUM Compensation
4.01.D.1) no total of all payment to the LANDSCAPE
ARCMMCT pmuzat to this Agreement shall not
e;xceed 5500,000.00.
N V PAYMENT AND JrAKTLAL PAYMENTS
5.01) The COUNTY shall make monthly payintrAs or partial p"ents to the
LANDSCAPE ARCMECr for all authorized work performed during the
previous caloadar won&
5.01A) The LANDSCAPE ARCHrMCT shall submit duly certified
invoices In triplicate to the Director of the Park and X=mdva
Department
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S.O1.B) The amount of wh invoice submitted shall be the amount due
for all services performed to date in connection with authorized
work, as certified by the LANDSCAPE ARCHITECT. 17ach
invoice should include any authorized rcimbu=sable expenses,
and must be referenced to the pardcular Work Order which
authorized the services performed.
SECTION 'V QUEDULE OF WORK
6.01) The COT TNTY shall have the sole right to determine on which emits or sections of
the work the LANDSCAPE ARCHITECT shall procood and in what order.
W itten . Wcrk Orders issued by the Director of the Park and Recreation
Department shall cover in detail the scope, time for completion and compensation
for the landscape arohiteetaral services requested in connection with each unit or
section ofwo&
SECTION'VH-IUGHT OF DECISIONS
7.01) A11 services shall be performed by the LANDSCAPE ARCHITECT to the
satisfaction of the Director of the Park and Recreation Department who shall
decide all questions, difficulties and disputes of whatever nature which way arise
under or by reason of this Agreement, the prosecution and fulilllment of the
mviees hereunder and the character, quality, amount and value theaeo£ The
Director's decisions upon all claims, questions and disputes shall be final,
conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonable In the event the LANDSCAPE ARCMMCT does; not
concur with the decisions of the Director of the Pads and Recreation Department,
the LANDSCAPE ARCETMCT shall present any such objection in writing to the.
County Manager. The Pads and Reacation , Director and the LANDSCAPE
ARCHITECT shall abide by the decisions of the County Manager. This paragraph
does not constitute a waiver of either party's right to proceed in a court of
competent jurisdiction.
SVC= VM-OVM SHIPQFDocvMrrrs
8,01) All reports, hvoings, plans, specifications, maps, contracts documents, and/or
other data developed by; the LANDSCAPE ARC IMT= puramnt to this
Agreement shall become the property of the COUNTY without restrictions or
limitations upon they use and shall be made available by the LANDSCAPE
ARCHITECT at any time upon request by the COUNTY. Reuse of such data by
the COUNTY for aay purpose other than that of which prepared shall be at the
COUNTY'S sole risk. When each individual section of work requested pursuant
to this Agreement is complete, all of the above data shall be delivered to the
Director of the Pak and Recreation Department
ISEMoN rx REUSE of Docy1vi11;NTs
9.01) The LANDSCAPE ARCHITECT may reuse dais from other sections of the work
included in this Agreement provided irrelevant material is deleted. The COUNTY
shall not accept any reused data containing an excess of irrelevant material which
has no connection with the applicable portion of this work-
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SECTION X- NOTICES . - . - — - -
10.01) Any notices, reports Or Other written communications from the LANDSCAPE
ARCHITECT to the COUNTY shall be 'considered delivered when posted by
c=tifiod mail or delivered in parson to the Director of the Pa* and Recreation
DepartmeAt Any notices, reports or other communications from the COUNTY to
:the LANDSCAPE ARCHITECT shall be considered delivered When posted by
certified mall to the LANDSCAPE ARCFJITECT at the last address left on file
with the COUIM or delivered in person to said LANDSCAPE ARCHITECT or
the LANDSCAPE ARCMTECT'S authorized representative.
SECTION MAIMIT BIGM
11.01) The * County reserves the right to audit the records of the LANDSCAPE
ARCHITECT' related to this Agreement at any timo during the prosecution of the
work included herein and for a period of one year aftet ftal payment is made,.
The LANDSCAPE ARCHITECT agrees to provide copies of - any records
necessary to substantiate payment requests to the COUNTY.
SWUM xil MWE
1L01) The LANDSCAPE ARCHITECT shall not sublet, assign, or ftudbr any work
undor this Agmemimt without the written consent of.the COUNTY. Y&M
applioable and upon receipt of such consent in writing, the LANDSCAPE
ARCHITECT shall cause the names of the firms rcsponable for the major
portions of each separate specialty of the work to be inserted in the ptrtiuent
documents or data.
SECTION
13.01) The LANDSCAPE ARCHITECT warrants that no company or person, other than
a bona fide employ= worldng solely for the LANDSCAPE ARCHITECT, has
bow retained or employed to solicit or secure this Agreement and that no
company or person, other than a bona fide employee working solely for the
LANDSCAPE ARCIUTBCT, has been paid or guarantced payment of any feet'
commission, paroeWap foe, gifts or any other considerations contingent upon or
rosulting-from the award or maklAg of this AgremenL For broach or violation of
this warranty, the COUNTY shall have, the right to annul this Agreement Without
liability.
8RCTIONN[L-URKINATION OF AGREEMENT
14.91) It is expressly understood and agmed that the COUNTY may terminate, this
Agreement without penalty by declining to issue Work Ord= as provided in
Section a in which crycnt the COUNTYS sole obligation to the LANDSCAPE,
ARCEUTECT shall be payment in accordance with Section W-CmMensatiM for
those units or mtions of work previously authorized. Such payment " be
doteruxined on the bask of work performed by the LANDSCAPE ARCHITF=
up to the time of termination. In the event of such termination the COUNTY may
without penalty or other obligation to the LANDSCAPE ARCEMMelect to
employ other persons to porform the same or similar oarviom.
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SECTION XV DUi2ATION OF AGREEMENT
15.01) This agreement ",?-main in full force and effect for a period of three (3) years
after its date of execution although ic;61 l completion of the services hereunder
may extend beyond such tam. The performande of specifically and properly
authorized services shall be oompeasated in accordance to Section Whereof.
PECTION XVI-3) LT
16.01) In the events, the LANDSCAPE ARCHITECT fails to comply with the provisions
of this Agreement, the COUNTY may doclne the LANDSWE ARCHITECT in
default by written notification. 10 Such event, the LANDSCAPE ARCHITECT
shall only be wmpmntod for any completed professional services. The
LANDSCAPE ARCEMOT shall not be compensated on a peroenlaga of the
professional services which have been performed at the time the COUNTY
declares a default. in the event .of litigation by the COUNTY to -enforce the
provisions of this Agreement, the COUNTY shall be compensated by the
LANDSCAPE ARCMIECT for reasonable attoaE6ey's fee.
SECTION XVU-MEMN7FlCMj2 jj AM IIJSURANCE.
WjMUDING ]gRROiiS AND OMMIONS
' moi) The LANDSCAPE ARCE MMCT shall indemnify and save the COUNTiC
harmless ftom any and all clahas, liability, losses and causes of actions arising out
of any • willful or negligent act, onor or omission of the LANDSCAPE
ARCkUT'ECT, Incidental to th6 pmfortnaonce of the LANNDSCAPE
ARCPIITECTS professional services under this Agreement; and to the extent of
any such claim, liability, loss or cause of action, the LANDSCAPE ARCHITBCT
shall pay all nah claims and losses and costs and judgments which may issue
I thereon, as well as any attorney's fee incurred.
17.02) The LANDSCAPB ARCETECT shall not commence any work pursuant to this
Agreement until irimrmce required under this Section has been obtained and such
insurance has be*A approved by the COUNTX'S Risk Management Division. The -
LANDSCAPE ARCPTi'1'ECT shall maintain during the tern ofbis Agreemont The
foAowins insurance;
17.07,AA) Automobile Liability Insurance covering all owned, non -owed and
hired vehicles used in connection with the work in an amotud not loss
then $300,000 combined single limit per oceurnzoe for bodily injury
I and property damage.
17.02X) Profbsdonal Liability Insurance (arrors and omissions) in tho amount of
$500,000 with deductible per claim, if any, not to exceed ten peoocrd
(10%) of the limit of liability providing for all sums Which the
LANDSCAPE ARCHrIECT shall bboome legally obligatod to, pay as
-damages for claims performed by the LANDSCAPE ARCRABCT or
any person employed by 'the LANDSCAPE ARCHr MCT in
connection with this agreement,
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17.02.C) Public Liability hmu=c, on a comprehensive basis, in an amount not
less than $300,000.00 combined single limit per occurrence for bodily
iWuay and property damaged.. Tho policy must be endorsed to show
Miami Dado County as additional insured.
11.02.D) Workers Compensation Insurance in compliance with CHAPTER 440,
Florida Statutes, as presently written or bmvinaftet amended. All
insurance polices must be issued by. companies authorized to do
business under the lanes of the State of Florida. The companies must be
rated no less than 'B" a' to management and no less than a "Class V" .
as to strength by the latestedition ofBaWs Insurance Guide, published
by A.M. But Company, Oldwick, Newfa say, or its equivalmt,
subject to the approval of the Risk Managmuent Division or the
companies must hold a valid 171otida CeatiBoate of Audwrlty as shown
.in the latest "Last of All iao =ce Companies Authorized or Approved
to do Business in Florida," issued by the State of Florida Department of
hmmmce and be members of the Florida Guaranty Fund.
17,03) The LANDSCAPE ARCHITECT shall finish certificates of insurance to the
Planning and Research Division Mami Dade Parr and Rommation Department,
275 N.W. a Street Fourth Floor, Mami FL 33128 prior to the cormnenecmeet of
operaUous which certificates shall clearly indicate that the LANDSCAPE
ARCHnBCT has obtained imsurance in the type, amo=4 and classification as
V required for strict eoruplianoe with this section and that no material cbaago or
oancellation of this insurance shall be effectivewithout thirty (30) days prior
written notice to the COUNTY.
17.04) Compliaace with the foregoing requirements shall not rebove the LANDSCAPE
ARCE TrE►CT of the liabilities and obligations under this Section or under any
other portion of this Agreement, and the COUNTY shall have the right to inspect
rho original insurance policies in the ovent that submitted oecti5c ates of insuranee
are inadequate to ascertain oompliance with required covorages.
SECTYON XYIII-ORD,TANCBS/COMM,iANC$ WITH LAWS
18.01) Tho LANDSCAPE ARM= agrow to abide and be governed by Pedenl.
State, Ivlia mi Dade County OrdinaaorA Resolalion, Admix us five Orders which
may have a bearing on the work contbroplated hereunder, inohAiA& but not
necesmifly limited to the following, which are incorporated herein by refamm as
if A* set forth heavin in connection with the LANDSCAPE ARCMEMS'S
Obligationhere under.
18.01.A) Ordinance No. 72-82—Conflict of Intarest Ordirtanee.
18.01.B) Ordinance No. 77-13--Financial Disclosure.
MIX) Ordinance No. 82-112— Art in Public Place. .
18.0l.D) Ordinance No. 90-133--Disclosure of Ownership, Collective
Bargaining Agreement, and Employee Wages, Health Cane
Dena ts, Race, National Origin, and Gender
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18-01.B) Ordinance No. 90-143— Responsible Wages and Benefits
18.olM ordinance No. 91-142Farnily Leave, as Amended by Ordinanoc
No. 93.118
18-01.G) Ckdimoc No. 92-15--Drug-tee Work place.
18.01-M) Ordinance No. 92-91—Family Leave as amended superseded by
93-1 1&(FamilyLeavo Act) and amended by Resolution R-193-00
18.01J) Ordinance No. 93-136—Debarment, Exchisioii from County
Cm*wbn& Subcontracting, and BBE Ca"cation, for Individuals
and Entities -Who Aid or Abet Attempts to Compiy with Ejack
B11411M EntequW Program through Fraud, lvfisrepirseutatioa, or
bute9w Mkostement.
18.01-3) Ordinance No. 93-137—Penaltics and Debarment of Contractors
Attempft to Moot Couftwtual Obligations with tho County
lbrough Fraud, bfisrepressatation or Material Nflestatmantt,
18.01JQ Ordinanco No. 94-73--Value Analysis and Ltfb-Cycle Costing
18.01.m 0zdin=e Xo.94-95--$iapanio Business Ratmprija UWF,)
18.01d� Ordinance No.94-9"lack 13USiUM Enterprise (BOB)
18-01-0) Ordinance No. 95-178—Pwposcm are to verify that all ddoMent
and C=mtlY dUo, foes or taxes crave beta paid as a condition of a
war
18.01.P). Ordinance No. 9735—Fair Subcontracting Practices as Amended
by Ordinance No, 98-124,
18.01Q) Ordinance iNo.97-67—Amending Chapter 11A Prohibiting
Discrimination in Contracting, hmmu=nent, Bondire and
Financial Sm-yiew
I&OLM Ordbianoo No.97472—Ordinance amending Section 2-10.4
rOq*hg MUM agreements for PmfbsFional ArchiWetural and
Ensinecring Services to include Value Analysis as pad of tho.
scope of arvim
18,01S) Ordinance No. 97-215— Irtspootor Ganaml
18.01-1) Ordinance No. 98-106--collo, of Silence
18.0l.W Ordinance No, .99' —DomVzflrViQl6Uo-_L6aV6
18-01.8) Ordinance No. 99.152--False Claim Ordinance
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18.01NO Ordinance No. 99-162—Precludbg entities WW an not current in
their obligations to the County from receiving new couuu-U or
purchase orders
Ordinance No. 00-67—Proln"odlion of contracting With individuals ,
and entities VVW)a in arrem with the County, U amended by
Resolution PI-53 1 .00
18.01.1) onlwanoo No. b0-85—Ordlmce AMMI&g Section .2-9.9 of the
Code ofMardDade -County (The Living l rkge Winance)
1&91.'AA) Resolution, R-702-99--Pmject Presli SW Welfare -To -Work
Initiative
18.01AR) Resolution R-1049-93—Affimaffvt Action Plan Pa&mnce and
Compliance
18.01Aq Resolution R-3854"olicy prohibiting CDUtMob With fi=g
violating the A.D.A. and other laws prohibiting dquimination on
the basis of disability ADAL requirements, an a conMon of
award, as amended by R=Iufim R-18240
M01AD) Resolution R-516-9"depen&ent PAYate Sodw Iwpeotor
General (SIG) Sez-Vim
18,01AR) Rcs6luflou R-12M-97—Supmeded by*?,-702-'99--*PZqJCCt Posh
Start Welfare To Work Initiative
19.01A]?. Resolution X-744:QD—RoqifaW the continued enpipmMt of
critical Ptoonnel in conhaft for professional senhwo for the
duration. of the Project.
19.01,AG) Resolution ?,-994-99--Cod, of Business WGfi
18.01.433) - Rcsalutionk-185-00—Domtstir. Violence Leave ret'Firements; are
condition of award
18,01-Q Administrative Order-3-26-4)rdbumcc axnauliag Section 2-10.4
requiting certain agreements for Professional AAftccturul and
Ragiaming Services to includo Value A.1* as a put of the
base scope of services
The Consultant dmU comply with the financial disolosm requirements of
Ordinance 77-13. by filing within 10 days of the execution of Apwmmt
and prior to Yuly I Sth of each succeeding year that the Agre6mont Is In offoot,
one of the following with the Supervisor Of Ejections, suite 1910, 111 N.W.
1st Street, Miami, Florida 33128:
18.02,A) ASource QfIncome Statement
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18.02.B) A Statement of Financial interests
18.02.C) A copY of the Consultants current federal income tax return
18.03)
If Ordirmco No.82-112 regarding kfin Public Platte is applicable to the
Project, the Consultant shall as part of his/her Basic Services, confer with the
Executive Director, Art In Public Places Progam, to develop a concept for an
appropriate to the Project, and with the PrvfassiorW Advisory Committee as
to the types) of art; locatioa(s) and possible articts(s). The final choice of the '
artists) will be made by the Art itt.Nblic Places Trust, upon recommendation
of the Professional Advisory.Committee. The Consultant shall .also consult
with the artist(s) during the development of arrwork(s) and make provision for
and coordinate the installation of the works) of art with the Cmiractor if
anchorage, special lighting or plumbing connections am required, and shall
`
inspect the completed iustallation(s).
18.04)
Afartuaitiwe Action
1&04.A) The Consultant's Affirmative Action Plan submitted pursuant to
Ordimce 82-37, as approved by the Deparbment of Business and
Economic Development and any approved update thereof; are
htuvby incorporated as contractual obligations of the Consultant to
Miami -Dade County hereunder. The Consultant shall undertake
and pc * the affirmative actions R oified herein. The Director
may dcclare'the Consultant in default of 4ris agreement for &a'ltn'e
of the Consultant to comply with the requirements of this
pu-&gVh;
13.05)
Minority Utilization Qttadrrly Reports
18.05.A) The Consultant's attention is directed to County Resolutiom No.
1643-93 and No. 113-94. Pursuant to the Resolutions, the
Consultant is required to file. with County's Deparmteat of
Business and Economic Development (DBED), quarterly reports
due on or before the fifteenth (15th) day of the mouths of April,
July, October, and yanuary, reporting the amotmt of contract
monies received from the County pursuant to this and all other
County prajects (Resolution, No. 1643-93), and reportigg to
amount of contract monies received from private sector work
18.05,A) (Resolution No. 113-94).. The quiartealy reports shall spoai* the
amounts of money that have been, paid by the Consultant directly
to Black, Hispanic and Woman -owned businesses, as these ac
defined in the County code, which perfomn part of the work.
Authoiizod rcpresemtatives of each listed mbiolity business 6h*H
sign the report(s), verifying the participation of tho minority fim
in the contract Work and receipt of the monies listed.
18.05.11) The quarterly reports are to be submitted to the department of
Business and Economic Development, Suito 1710, 111 N.W. First
Stott, lV a mi, Florida 33128-1975, in the formats attached hereto.
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18.05) as Bxlu'bim "A" ad IV titled "Quarterly Report -Dade County
n Work" and "Quarterly Report- Private Sector work", respectively.
18.Of7 PROMPT PAY1v1ENT TO SMALI, BUSINESS SUBCONSULTANTS
1806.A) The Consultant's attention is directed to Miami -bade County
Ordinance No. 94-40, providing for expodited payments to mnall,
businesses by County agencies and the Public Health Trust;
creating disputo resolution procedures for payment of County and
Public Health Trust obligations; and requiring the prime Contractor
to issue prompt payments, and have the same dispute resolutioa
procedures as the County, for all small business subcontractors.
Failure of the prime Contractor to issue prompt payment to small
businesses, or to adktere to its dispute resolution procedures, may
be cause for suspension, termination, and debarment, in
aecordame with the terms of the County contract or Public Health
Trust contmot and debarment procedures of the County.
18.07) INSPECTOR GENERAL
IL07.A) Miami Darla County has established the Office of inspector
General which is required to perform mandatory random audits on
" all County contracts throughout the duration of each mutraot, The
cost of the audit for this Contract shall be 1/4 of 1% of the total
contract amount which cost the Consultant agrees is included in the
total contract amount The audit cost will be deducted by the
County from progress payments to the Consultant. The audit cost
shall also be included in all change orders to this Contract and all
contract renewal and extensions. Accordingly, the .audit cost will
be deducted from progress payments to the Consultant purcuint to
all change orders, contract renewals, and extmsions.
1&07.B) The Mami-Dade County laspoctor General is autholiZe d and
empowered. to review past, proscat and proposed County and
Public Health Tnrat programs, contracts, transactions, accou m,
r000rds and programs. In addition, the 1aspoctor General has the
Ig&J8) power to subpoena whaessos. administer .oaths, require the
production ofrecerds, and monitor existing Projects and programs.
Monitoring of an existing Project or program may include a report
conoarning whether the Pmjem is on time, within budget and iv
coaformance with plans, specifications and applicable law. The
Inspector General is empowered to analyze the neotseity of and
reasonableness ofproposed change orders to the Contract.
MOM) Upon 10 days prior written notice to Consultant from the Inspector
General the Consultant shall make all requeted records and
documents available to the inspector General for inspection and
copying. The Inspector General shall have the right to inspoct and
copy all documents and records in the Connsultanu possession,
custody or vontrol which, in the Inspector General's sole judgment,
pertain to performance of the contract, including, but not limited to
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18.07.c) original estimate files, change order estimate files, wodcsheets,
. proposals and . agreements from and with successful and
unavccessM subcontractors and suppliers, all Project -related
wnespondaacc, mcmon=lk uOruction; financial documents
construction documents, proposal, and contract documents, back .
charge documents, all documents and r=rds which involve cash,
trade or volume discounts, insurance proceeds, rebates, or
dividwds rtcaived, payroll and personnel records, and supporting
documentation for the aforesaid documents and records.
18.Oy b) . The provisions in this section " apply to the Consultant, its
officers, aganfs, employocs, subcontractors, and suppliers. The
Consultant shall moorporate the provisions in this section in all
subcontracts and all other agreements executed by the Consultant
in connection with the performance of the confiset.
18.07.E) Nothing in this contract shall .impair any independent right of the
Cotmty to conduct audit or investigative activities, The proyWor s
of this section are neither intended nor shall they be Mstlaed to
imposo any liability on the County by the Consultant or dried
patties.
.:. < 10.00 PROJECT FMH START
18.08A) "In .accordance with: Resolutioa R-70.2-98, as amended by
Resolution R-358-99, any entity that has a contract with the
County for the purchase of goods and services resulting in actual
payment of S500,000 or amoro, and any entity that has a County of
Public Health Trust Construction. Contract resulting in actual
payment of $500,000 or more, obAll contribute to Project Fresh
} Start, the County's WelfamTo-Work itutlativej based on the
following stele:
18.08.$) If the entity has a contract with the County that results in actual
payment of an amount between:
18.08.8.1) $500,009 to $1,000,000 then that . entity Shall
contributo 35,000,
18.08.B.2) $1,000,001 and S5,000,000 then that entity'shd11
c ributaS10,9M,
18,08.B.3) $5,000,001 and $10,000,000 then that entity shall
conbibuto $2010W.
18.08.B.4) $10,000,001, and over than that entity shill
conttibuto $25,000,
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Y8.08.C) Resolution R402-98, as amended by Resolution It 358-99; applies
to all such contracts wbether oonWetitively bid by the Counb►'or
not. Applicable contracts soar have recaivod atldMIZ40a by the
Board of County Commissioners to waive firm al biddistg
procodures must also oontnibute to Project Freah Stark ResokrdM
R-702 98, as amended by F=olution R 358-99, does not apply to
ooatracts with government earthier, contracts with not-far-proM
orgardzations, or grant awards.
48.08.1)) A bidder may request a waiver of the require eaft of Resolutica
R-70248, as amended by Resolution R 358-99, if the bidder can
demonstrate that fivaTercent (5%) of the. bidder's work fume
consists of individuals residing in Nami-Dade County and wbo
18.08D) have loft or who will lose crib assistance benefits, fannerly Aid to
Pamilies With Dependeat Childrau ("AFDC), as a result of the
Personal Responsibility and Work Opport Wty Reconciliation Act
of 1996."
MOM) The Consultant must also submit with the executed zvveme4 to
be filed with the Clark of the Bond, the followbW
18.08.91)
MiamiDade County Disclosure Affidavit
Swom Statement on Public Butity Crimes
18.08.E.3)
Annual Dn1g Free Workplace Affidavit.
Disability Nondiscrimination Affidavit
18-08Z.5)
Family Leave Plan Affidavit
18.08.E-6)
Fair Wage A1Bdavit
16.08M7) Project Fm h Start Welfarato-Work initiative
XL09) ATTACOENTs
18.09.A) The following uamod att¢obmeuts are mado an integral part of this
Agmemenu
18.09.A.1) Miami Dade County Dh.plosum Affidavit
18.09.A Z)
18.09.A.3)
18.09.A_4)
18.09.A..5)
18.09-4.6)
9
Sworn Statement on Publio Entity CArnes
Annual Drug Free Wodylaco Affidavit
Disability Nondiscrhmivation Affidavit
Family Leave Plan Affidavit
Fair Wage Affidavit
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I 8.09_A_?) Project Fresh Start. Welfare -To -Work Initiative
18.09.&S) CARD Drat" Standards
I8.10) This Agreement shall be governed by the Laws of the State of Florida and
maybe enforced in court of compedent jutimHogon in Miand-Dade: County.
19.01) Iuz000rdarice with Florida Statute 287.055, the LANDSCAPE ARCM=
hereby certifies and warrants that wages rates and other factual unit costs, as
submitted in support of the compensation provided in Section IV arc accurate,
complete.and curreW as of the date of this Agrementt. It is fimther agreed that
said compensation shall be adjusted to exclude any significant oosts wherein
the; COUNTY 6A determine that the price of services was increased due to
inaccurate, incomplete or unclear wage naw or other factual unit oosts. All
such compensation adjustmauts shall be made within three (3) years ftom the
data of final billing or acceptance of the Wodc by the COUNTY, whichom is
6ECTM X& T MM wcrroN
20-01) The LANDSCAPE ARCFM=S Affnndve Action P10n, submitted pursuant
to Ordinance 92-37, as approved on October 30, 1991 by the Department of
B14sh= and Bomomic Develqpmeul and any approved update thornf. are
hereby incorporated tj ooatractual obligadons of the County havander. The
LANDSCAPE ARCHITECT shall undatake and perfcam .the affimmalive action
specified heroin. The Director may declare the LANDSCAPE ARCHITECT' in
defudi of dib Agmemm for fifim of dw LANDMU9 ARCHICrECr to'comply with the
cwa—eats 0fthis PRMffVL
SECTION = — ENTIRETY OF AGREEMENT
21.01)Tbis writing embodies the entire agreement and uaderetandimg between the
parties hereto and there are no offia agreements and understandings, oral or
written, with re&n= td the s*ect matter hereof that are not merged herein and
superseded hereby. No alteration, change, or modification of the terms of this
Agracmut shall be valid unless =ado in writing signed by both parties hereto,
and approyed by the Board of County Cbmmissioncm
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`WjE[EN']1M CONSULTANT IS A CORPORATION
Most
Sa d SjgnitlJtr Legal NEW of CKpararion
By:
Legal Nano S�gmaue
(Scat) Lcgd Na= and 71tlo
WHEN THE CONSULTANT IS AN INDIMUAL
Ane:t
Wmmess:
Signature:
witaeaas
. 5igaatua+�
WSEN THE CONSULTANT IS A SOLE PROPRIETORSHIP OR OPERATES
UNDER A TRADE NAME
Attest; .
Witness:
Sipatm Legai Name of Firm
Witness:
sip
Date Signed:
Legal Name and Titic-
WMN THE CONSULTANT IS A PARTNERSHIP
Attest:
Witness:
,i ita/esr
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M"-DADE CONTY, FLORIDA
Approved as to Insurance Requirements: Approved as to Form and Legal suffloicacy-
Iti.sk ManVement Divib'ofieJ' Assistant attorncy
IN WITAWS WMRBOF dw said MkW-DAM COUNTY, FLORIDA. has caused
this AVvcment to be executed in Its name by the County Manager,. attested by the Clerk
oftho Board of County Commissioner, and has caused the seal of the Board County
Commissioners to be set hereto, as exantod and aftesWd by the undersigned this day and
year fast above, written,
ATTEST:
FOR. -
BOARD OF COUNTY COMUSSIONM
MIAM-DADE COUNTY, FLORIDA
STPVBSEaVER
C'Mimeme Court County Manager
2r
B
Kay Sullivan, Clark of the Board 0661MMasw
Distribution:
istri
One Original to Consultant
One Original to Clark of the Board
One Original to Department ofBusW= Development
Out Original to Department of mcureanent Manag=eat
One OA&9 to Project File;
cc: Project Mariagg,
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