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SEOPW-CRA-R-02-0061
SEOPW/CRA ITEM 3 SEOPW/CRA RESOLUTION NO . 0 - 61 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") 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 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 SEOPW/CRA 62- 61 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 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 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 availability of funds from Account Nos. 686001.590320.270, 689001.550108.270 and 689004.55001.6.270. Page 2 of 3 SEOPW/CRA 02- 61 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 ARTHUR E. TEELE, JR., CHAIRMAN SEOPW/CRA Page 3 of 3 -02- 61 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM rO: Chairman Arthur E. Teele, Jr. and DATE: April 25, 2002 FILE: Members of the CRA Board FROM: Annette E. Lewis Acting Executive Director, CRA SUBJECT: Contract with Wallace Robert & Todd (WRT) as General Planning Consultant to REFERE&ftA ENCLOSURES: Resolution, supporting documents RECOMMENDATION It is respectfully recommended that the CRA Board of Directors approve the attached resolution authorizing the CRA to enter into a piggyback contract from Miami -Dade County's contract (A00 Park-01) with Wallace Roberts & Todd (WRT) for the full contract amount of $500,000.00 retroactive to May 1, 2001subject to the availability of funds from account numbers 686001.590320.270, 689001.550108.270 and 689004.55001.6.270; and further designating WRT as the General Planning Consultant to the CRA. BACKGROUND The CRA desires to engage WRT as the Planning Consultant to the CRA to oversee all ongoing and future planning projects. Miami -Dade County recently contracted with WRT on November 8, 2001 for a period of _ years in an amount not to exceed $500,000. Funding Source: SEOPW and OMNI TIF Account Numbers: 689001.550108.6.230 and 689001.550108.6.270 and 686001.590320.6.230 686001.590320.6.270 SEOPW/CRAB 02- 61 04/12/2002 FRI 15:43 FAX 3053724646 RPR-11-2�' 15.01 WRLLRCE ROBERTS & TODD, Facsimile 305.48,0788 Date' From: Ref. No: Project: �� .� A.�, Re: CA W Pages - induding cover. To: '.JU�A f`r Tf Fax: Wallace Roberts & Todd, UC 305.448.0788 101 siralda Arenve • Penthouse www.wrtdasigo.eom Loral 64bles, Florida 33134 fax 305.443.8431 305 443 8431 Fax 305.443,8431 fi'v7 'Z— P.01 SE"®pw/CRA 02- 61 04/12/2002 FRI 15:43 FAX 3053724646 Q9 02/U�; APR-11-2f 15:01 WFLLACE ROBERTS 8 TODD, 305 443 8431 P.02 SEOPW/M 02- 61 04/12/2002 FRI 15:43 FAX 3053724646 W 003/022 APR-11- '_ 15.01 WALLACE ROBERTS & TODD, 305 443 8431 P.03 Landscape Architecture Professional Services Agreement Table of Contents Section I -County Oblizations..............................................................................:I Section II Professional Services............................................................................1 ........................................................................41 Section IV -Compensation ........................... . ...............................................4 1 Section V-Pavmeut and Partial Ygymouts .............................................................5 1 ... ........... ..................... ......... ......... ........... I............ 61 lArdcje M-Right of Decisions ................... ........................................................... 61 ..........................................................................61 (Article IX ReUse of Documents ........ .................................................................... 6 1 ArUcloX-Notices............... ..............................................................................7 Article NI -Audit Rights ................................................. . . . .......... . . .. . .. . .........7 Article XU-Sublettinng.......................................................................................7 ....................................................................................7 ................................................................7 ........................................... ..........................8 .......................................................................................8 IArticle X-M-LtdemniSca6on and Insgta M Ineludin¢ Errors and jpjWssions ................8 .................................................9 IArNcleXVIV-Certification of waees Rates............................................................16 Article XX- Affirmative Action.............................................................................16 Article XXI-Ea tirety of Agreement ... . . ............ . . ..................................................16 Page 1 of 2 SEOpW/CRA 02- 61 04/12/2002 FRI 15:43 FAX 3053724646 4 AP4i44Z APR-11 2 15:01 WPLLACE ROBERTS & TODD? 30S 443 8431 P.04 Landscape Architecture professional Services Agreement Table of Contents 18.09.A.1) Miami Dade County Disclosure Affidavit 18.09.A2) Sworn Statement on Public Entity Crimes 18.09.A,3) Annual Drag Fr" Workplace Affidavit 18.09.A.4) Disability Nondiscrimination Affidavit 18.09.A.5) Family Leave Plan Affidavit 1&09.A.6) Fair Wage Affidavit 18.09-k7) Project PY-esd Start Welfare -To -Work Intlative 18.09.A.8) CARD Drafting Standards Page 2 of 2 SECPW/CRA ®2_. 61 04/12/2002 FRI 15:43 FAX 3053724646 qFR-11-. ,2 15:01 W(A-LACE ROBERTS & TODD, � 305 443 9431 P.05 LANDSCAPE ARCHITECTURE PROFESSIONAL SERVICES AGREEMENT A00 PARK-01 BETWEEN MYAM,-DADE COUNTY PARK AND RECREATION DEPARTMENT .AND CONSULTANT This AGREEMENT, entered into this S t day of 2001; by and between Nfiami Dadc County, a political subdivision of tl�re Sate of Florida, hereinafterreferred to as the "COUNTY," and Wallace Roberts & Todd L.L.C. a Florida busium entity hereinafter referred to as the "LANDSCAPE ARCHITECT." WITNESSETH: For and in consideration of the mutual agreement hereinafter contained, the COUNTY hereby retains the LANDSCAPE ARCHITECT and the LANDSCAPE ARCHITECT hereby covenants to provide the professional services prescribed herein in connection with General Consulting Landscape Architectural and Park Planning Consultant services. SECTION I -COUNTY OBLIGATION 1.01) The COUNTY agrees that its Park and Planuius Department shall furnish to the LANDSCAPE ARCHITECT any plans, surveys and other data available in the COUNTY files pertaining to the work to be performed under this Agreement, Required informational base plans shall be furnishod by the COUNTY. The Director of the Park and Recreation Depa=ent shall issue written authorization to proceed to the LANDSCAPE ARCI MCT for each section of the work to be performed hereinafter. Tn case of emergency, the COUNTY reserves the right to issue oral authorization to the LANDSCAPE ARCHITECT with the understanding that written confirmation shall follow immediately thereaffici. 1.02) The LANDSCAPE ARCHITECT shall submit a proposal upon the Park and Recreation Director's request prior to the issuance of a Work Order. No payment shall be made for the LANDSCAPE ARC IET'ECT'S time or services in connection with the preparation of any such proposal The Park and Recreadon Director or his or her authorized representative shall confer with the LANDSCAPE ARCB T)rCT before any Work Order is issued to discuss and agree upon the scope, time for completion and fee for services to be rendered pursuant to this Agreement, SECTION II PROFESSIONAL SERVICES 2,01) Upon receipt of authorization to proceed from the Director of the Park and Recreation Department, the LANDSCAPE ARCHITECT agrees to perform professional services associated with the requested work in accordance with the negotiated terms of the applicable Work Order. Such work may include projects involving parks, public buildings or facilities and any other public property. The scope of services performed may include, but shall not be limited to: 1 of 18 SEOPW/CRA 02- 61 04/12/2001,,�I 15:43 FAX 3053724640 906/022 RPR-11-20e2 15+01 WRLLRCE ROBERTS Z TODD, 305 443 8431 P.06 2.02) Landscape Architectural Services 2.02A) Consultation 2.02.E) Conceptual and Preliminary Design Master Site Plans 2.02.C) A Final Master -Plan for Approval 2.02.D) Plan Details for aU Landscape Ambitectural Construction 2.02.E) Grading and Drainage Plans, including Cut and Fill Calculations, when requested 2.02.F) Rrigation Plans 2.02.G) Planting Plans 2.02.U) Itemized Cost Estimates for any or all phases of the development 2.02.1) Construction Documents 2.02.3) Observation and Administration of Construction of the project 2.021-L) Field notes, Calculations and related materials for Review and 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.n Presentation of the Approved Plan to the General Public, including Plan Renderings, Sketches or other related materials which may be necessary for effective presentation. 2.02.N) Any other type of professional service customarily provided by a landscape architect. 2.03) Park Planning Services 2.03.A) Consultation and Policy Analysis 2.03X) Recreation Needs Assessments to include Demographic, Market and Recreation Opportmity Analysis of Project Areas 2.03.C) Park Site Acquisition and Development Assessment to include Opportunity Analysis, Use Restrictions, Market Value, and Infrastructure and Mitigation Requirements 2.03.1)) Public Participation through Surveys, Foam (;roups. public Meetings and Planning Workshops 2.03.E) ,Environmental Surveys, Audits and Impact Studies 2ofIS SEOPW/CRA 02- 61 04/12/200 15:44 FAX 3053724646 .-Or lo,"7/022 APR-11-20022 15:01 WALLACE ROBERTS 8 TODD, 305 443 8431 P.07 2.03.F) Historical Surveys and Related Reports 2.03.G) Arobaeological Surveys and Related Reports 2.03.1) Market and Economic Feasibility Analysis for Park Acquisition Development, and Operation 2.03.1) Preparation ofPark and Recreation Facility Design Programs 2.04) b connection with professional services to -be rendered pursuant to this Agreemm¢t; the LANDSCAPE ARCHITECT further agrees to: 2.04.A) Maintain an adequate staff of qualified personnel on the work at all times to ensure its completion within the term specified in the applicable Work Order. 2,04X) Comply with any federal, state and local laws or ordinances applicable to the wo&, 2.04.C) Cooperate fully with the COUNTY in the scheduling and coordination of all phases ofthe work. 2,04.D) Report the-statas of the work to the Director of the Park and Recreation Department upon request end - hold pertineait data, calculations field notes, records, sketches and other products open to the inspection of the Director of the Perk and Recreation Department or his or her authorized agent at any time. 2.04.E) Submit for COUNTY review desip computations; sketches and other data representative of the work's progmss at the percentage stages of completion which may be stipulated in the applicable Work Order, Submit for COUNTY approval the final work products upon incorporation of any modification re pelted by the County during any previous review. 2.04.1�) Confer with tht -COUNTY at any time during the further develdpment and implementation of improvements for which the LANDSCAPE ARCHITECT has provided design or other services as to interpretation of plans and other documents, correction of errors and omissions, and preparation • of any necessary plan thereof. The LANDSCAPE AP-CH1TBCT shall not be compensated for the corrections of errors and omissions. 2.04,G) Prior to final approval of the work by the Director of the Park and Recreation Departmenr, complete a preliminary check of any construction documents through any county, city, state, or federal - agency from which a permit or other approval is regµired, . 3of18 SEOPW/CRA 02- 61 04/12/2002 FRI 15:44 FAX 3053724646 APR-11-2002 15:01 WRLLACE ROBERTS & TODD# 305 443 6431 P.08 SECTION M-TEVIE FOR COMPLETION 3.01) The Services to be rendered by the LANDSCAPE ARCHITECT for each section of the work aball commence upon receipt of a written Work Order from the Director of the Park and Recreation Department subsequent to the execution of the Agreement and shall be completed within the time stated in the Work Order. 3.02) A reasonable extension of timi shall be gsnted in the event there is a delay on the part of the COUNTY in fulfilling its part of the Agreement or should weather conditions or acts of God render performanoe of the LANDSCAPB ARCI3I'TECT'S duties impossible. Suoh'extension of tide -shall be granted only upon written request by the LANDSCAPE ARCETIECT and shall require written approval by the Director of the Park and Recreation Department. Such extensions of time shall not be cause'for any claim by the Landscape Architect for extra compensation. SECTION W-COMPENSATION 4.01) The COUNTY agrees to pay and the LANDSCAPE ARCE]ITECr agrees to accept, for services rendered pursuant to this Agreement, fees and other compensation computed in -accordance with one or a combination of the methods outlined below; 4.01.4) Foe As a Mnitiple of Direct Salaxy Cost and Fixed Hourly Rate ULA.1) The fee for Landscape Architectural services rendered by the LANDSCAPE ARCHIT$CT'S personnel, principals excluded, shall be computed based on the direct salary cost, as reported annually to the Internal Revenue Service, for the time of said personnel engaged directly in the work, ' times a negotiated multiplies- of 2,85. This fee shall constitute full payment to the LANDSCAPE ARCUffECT for costs incurred in the pbrformance of the work, such as overhead, fringe benefits, operating -margin and all other costs not covered by reimbursable expenses. 4.01.A.2) The LANDSCAPE ARCHTTECT shall be compensated at the flat rate of $100.00 per hour for the time of principals engaged directly in the work. This rate shall not be subject to the nogotiated multiplier and shall be applied to the time spent on requested work by the following principal(s): 4.01.A.3) Overtime work considered necessary and authorized by the Director of the Park and Recreation Department shall be compensated at time-andla half of t1w rate established by Subsection 4.01 A hereof for personnel. 4of18 SEOPW/CRA 02- 61 04/12/2002'�-a--AI 15:44 FAX 3053724646 Q 492/022 APR-11-2002 15:02 WALLACE ROBERTS & TODD, MS 443 $431 P.09 4.01.B) Lump Sum Fee 4.01.B.1) The fee for any requested portion of work may, at the option of the COUNTY, be a lump sum mutually agreed upon by the COUNTY and the LANDSCAPE ARCHITECT and stated in the written Work Order. 4.01.C) Reimbursable Expenses 4.01.C.1) The LANDSCAPE ARCHITECT shall be compezisated for certain work -related cxpmdituuses not covered by foes for Landscape Architectural services, provided such expenditures are previously authorized by the Director of the Park and Recreation Department. Reimbursable expenses may include: 4.01.C.IA) Expenses for document reproduction, rental of specialized equipment, and purchase of special instruments necessary for the efficient performance of the work, provided that such instnuueats remain the property of the COUNTY upon work completion. These expenses shall be reimbursed on a direct cost basis. 4,01,C.1B) Expenses for travel, transportation and subsistence outside Miami -Dade County will be reimbursed according to the provision of Florida Statues Section 112.061 presently written or hereafter amended and Miami -Dade County Administrative Orders, 4.01.D Maximum Compensation 4.01.D.1) The total of all payment to the LANDSCAPE ARCMMCT pursuant to this Agreement shall not exceed S500,000.00. 69MON V -PAYMENT AND PARTIAL PAYMENTS 5.01) The COUNTY shall make monthly payments or partial payments to the LANDSCAPE ARCHITECT for all authorized work performed during the previous calendar month. 5.01.A) The LANDSCAPE ARCMTECT shall submit duly certified invoices in triplicate to the Director ofthe Park and Recreation Department. 5of18 SECPW/CRA 02- 61 04/12/2002 'F'RI 15:44 FAX 3053724646 Q010/022 FFR-11-2002 15:02 WRLLFCE ROPERTS & TODD, 305 443 8431 P.10 5.01.8) The amount of each invoict submitted shall be the amount due for all services performed to date in connection with authorized work, as certified by the LANDSCAPE ARCHITECT. Each invoice should include any authorized rearnbursable expenses and must be referenced to the particular Work Order which authorized the services performed. SECTION VI -SCHEDULE OF WORK 6.01) The COUNTY shall have the sole right to determine on which units or sections of the work the LANDSCAPE ARCHITECT shall proceed and in what order, Written Work 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 architectural cervices requested in connection with each unit or section of work SECTION VII-RIGHT OF DECISIONS 7.01) All 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 may arise under or by reason of this Agreement, the prosecution and W11ment of the services hereunder and the character, quality, amount and value thereof. The Director's decisions upon all claims, questions and disputes shell be final, conclusive and binding upon the parties unless such determination, is clearly arbitrary or unreasonable. In the event the LANDSCAPE AXCfMCT does not concur with the decisions of the Director of the Park and Recreation Department, the LANDSCAPE ARCHITECT shall present any such objection in writing to the County Manager, The Park and Recreation 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. ff—GaO VIII —OWNERSHIP OF DOCUMENTS 8.01) All reports, tracings, plans, specifications, maps, contracts documents, and/or other data developed by the LANDSCAPE ARC I TECT pursuant to this Agreement shall beoome the property of the COUNTY without restrictions or lunitations upon their use and shall be 'made available by the LANDSCAPES ARCHITECT at any time upon request by the COUNTY. Rouse of such data by the COIENTY for any 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 Park and Recreation Department SECTION IX REUSE OF DOCUMENTS 9.01) The LANDSCAPE ARCHITECT may reuse data from other sections of the work included in this went provided irrelevant material is deleted. The COUNTY shall not accept any reused data containing an excess of irrelevant matctial which has no connection with the applicable portion of this work. 6of18 SEOPW/CRA 02- 61 04/12/2002 FdI 15:44 FAX 3053724646 "' RLu4/022 FPR-11-2002 15:02 WALLACE F20BERTS & TODD, 305 443 8431 P,11 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 certified mail or delivered in person to the Director of the Park and Recreation Departmetlt. Any notices, reports or other communications from the COUNTY to the LANDSCAPE ARCHIMCT shall be considered delivered when posted by certified mail to the LANDSCAPE ARCHITECT at the last address left on file with the COUNTY or delivered in person to said LANDSCAPE ARCHITECT or the LANDSCAPE ARCMTECT'S authorized representative. 11.01) The County reserves the right to audit the Tecords of the LANDSCAPE ARCHITECT related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made, The LANDSCAPE ARCHITECT agrees to provide copies of any records necessary to substantiate payment requests to the COUNTY. SECTION Id[—SUEL)�TTING 12.01) The LANDSCAPE ARCHITECT shall not sublet, assign, or transfer any work tmdor this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the LANDSCAPE ARCHITECT shall cause the nmmes of the firms responstibIe for the major portions of each separate specialty of the work to be inserted in the perEment documents or data. SECTION 2 -WARRANTY 13.01) The LANDSCAPE ARCHITECT warrants that no company or person, other than a both fide employee working solely for the LANDSCAPE ARCHITECT, has been retained or employed to solicit or secure this Agreement and that no company or person, other than a bona fide employee worldng solely for the LANDSCAPE ARCHITECT, has been paid or guaranteed payment of any fee, commission, pnveutage feo, gifts or any other considcrations contingent upon or resulting from the sward or making of this Agreement. For broach or violation of this warranty, the COUNTY shall have the right to atutul this Agreement without liability. SECTION XTV-TERMINATION OF AGREEMENT 14.01) It is expressly understood and agreed that the COUNTY may terminate this Agreement without penalty by declining to issue Work Oldom as provided in Section III, in which event tine COUNTY'S sole obligation to the LANDSCAPE ARCHITECT shall be payment in accordance with Section IV -Compensation, for those units or sections of work previously authorized. Such payment shall be determined on the basis of work performed by the LANDSCAPE ARCHITECT up to the time of termination. In the event of such termination the COUNTY may without penalty or other obligation to the LANDSCAPE ARCPnECT elect to employ other persons to perform the same or similar services. 7of18 SEOPW/CRA 02- 61 04/12/2002 I 15:44 FAX 3053724646 16012/022 APR-11-2002 15!02 WALLACE ROBERTS 8 TODDY 305 443 8431 P.12 SECTION XV-DURATION OFA GREEW 15.01) This agreerucnt shall remain in full force and effect for a period of three (3) years after its date of execution although actual completion of the services hereunder may extend beyond such term. The performance of specifically and properly authorized services shall be compensated in accordance to Section rV hereof.._ ECTION XVI DEFAULT _,, 16.01) In the events, the LANDSCAPE ARCHITECT fails to comply with the provisions of this Agreement, the COUNTY may declare the LANDSWE ARCHITECT in default by written notification. In such event, the LANDSCAPE ARCHITECT shall only be compensated for any completed professional services. The LANDSCAPE ARCHITECT shall not be compensated on a peroeni age 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 ARCWMCT for reasonable attorney's fee. -SECTION XVII-MEMNMCATION AND INSURANCE, INCLUDING ERRORS AND OMISIONS 17,01) The LANDSCAPE ARCHITECT shall indemnify and save the COUNTY harmless fro= any and all claims, liability, losses and causes of actions arising out of any • willful or negligent act, error or omission of the LANDSCAPE A.RCHTTBCT. Incidental to the performance of the LANDSCAPE ARCKa=S professional services under this Agreement; and to the extent of any such claim, liability, loss or cause of action, the LANDSCAPE ARCHITECT shall pay all such claims and losses and costs and judgments which may issue thereon, as well as ally attorney's fee incurred. 17.02) The LANDSCAPE ARCHI'IBCT shall not commence any work pursuant to this Agreement until insurance required under this Section has been obtained and such insurance has bcea apprvrod by the COUNT X'S Risk Management Division. the LANDSCAPE ARCMMCT shall maintain during the term of his Agreement the following insurahce; 17.02.A) Automobile Liability Insurance covering all owned, non -owed and hued vehicles used in connection with the work in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. . 17.02.B) professional Liability Insurance (errors and omissions) in the amount of $500,000 with deductible per claim, if any, not to exceed ten percent (10%) of the limit of liability providing for all sums wbich the LANDSCAPE ARCHTTECT shall bbcome legally obligated to pay as damages for claims performed by the LANDSCAPE ARCHTtBCT• or any person employed by 'the LANDSCAPE ARCHITECT in connection with this agreement. 8of18 SL" OPW/CRA 02- 61 ,%.r 04/12/2002 FRI 15:44 FAX 3053724646 RPR-11-2002 15:02 WALLACE RQBERTS 8 TODD, l.D13/4,,Q 30S 443 8431 P.13 17.02.C) Public Liability Insurance, on a comprehensive basis, in an amount not less than $300,000.00 combined shale limit per occurrence for bodily injury and property damaged. The policy must be endorsed to show Miami -Dade County as additional insured 17.02.D) Workers Compensation Insurance in compliance with CHAPTER 440, Florida Statutes, as presently written or hereinafter amended. All insurance polices must be issued by. companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B" as to management and no less than a "Class V" as to strength by the latest edition of Bed's Insurance Guides, published by A.M. Best company, Oldwick, New Jersey, or its equivalent, subject to the approval of the Risk Management Division or the companies must hold a valid Florida Certificate of Authority as shown .in the latest `List of All Insurance Companies Authorized or Approved to do Business in Florida," issued by the State of Florida Department of Insurance and be members of the: Florida Guaranty fund. 17.03) The LANDSCAPE ARCHITECT shall furnish certificates of insurance to the Planning and Research Division Miami -Dade Park and Recreation Department, 275 N.W. 2"d Street Fourth Floor, Miami FL 33128 prior to the commencement of oper4ous which certificates shall dearly indicate that the LANDSCAPE ARC=CT 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 this insurance a•+ce shall be effective without thirty (30) days prior written notice to the COUNTY. 17.04) Compliance with the foregoing requirements shall not relieve the LANDSCAPE ARCHITECT of the liabl7ities and obligations under this Section or under any other portion of this Agreement, and the COUNTY shall have the right to inspect the original insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages_ SECTION XMI-ORDINANCESICOMPLIA,NCE WITH LAWS 18.01) The LANDSCAPE ARCHITECT agrees to abide and be governed by Federal, State, Miami -Dade County Ordimnoes, ReaoMon, Admiaistrntive Orden which may have a bearing on the work contemplated hereunder, inoludffi& but not necessarily limited to the following, which am incorporated herein by roferonoe as if fully set forth herein in connection with the LANDSCAPE ARCHITfiCTS'S Obligation here under. 18.01.A) Ordinance No. 72-82—Conflict of Interest Ordhmnec, 18-01_B) Ordinance No. 77-13—Financial Disclosure. I&Q1.C) Ordinance No. 82-112— Art in Public Place. 18.01.D) Ordinance No. 90-133—Disclosure of Ownership, Collective Bargaining Agreement, and Bmployee Wages, Health Care Benefits, Race, National Origin, and Gender 9ofIs SEOPW/CRA 02- 61 04/12/2002I 15:45 FAX 3053724646 Qi044/022 APR-11-2002 15:02 WRLLPCE ROBERTS & TODD, 305 443 8431 P.14 MOLE) Ordinance No. 90-143— Responsible Wages and Benefits 18.01.F) Ordinance No, 91-142Family Leave as Amended by Ordinance No. 93-118 18.01-G) Ordinance No. 92-15--Drug-$ee Work place. 18.01M) Ordinance No. 92-9I Family Leave as amended superseded by 93-118(Family Leave Act) and amended by Resolution R-183-00 18.01.1) Ordinance No. 93-136—Debarment, Exclusion from County Contracting, Subcontracting, and BBE Certification for Individuals and Entities Who Aid or Abet Attempts to Comply with Black Business Enterprise Frogram through Fraud. Misrepresentation, or Materw Misstatement. 18.01.3) Ordinaries No. 93-137Fenalties and Debarment of Contractors Attempting to Meet COnt-ACti131 Obligations witty the County Through Fraud, Misrepresentation or Mateciai Mastatement 18.01JQ Ordinance No. 94-73—Value Analysis and Life-C�yele Costing 1 &OLL) Ordinance No.94-94—Womaals Business Bnterprise (")3) 18.01-M Ordinance No.94-95--hispanic Business Enterprise (HBE) 18.01.1) Ordinance No.94-96—Black Business Enterprise (BB13) 18.01.0) Ordinance No. 95-17S—Proposcre are to verify that all delinquent and currently due fees or taxes have been paid as a condition of a war 18.01.P) Ordinance No. 97-35--Fair Subcontracting Practices as Amended by Ordinance No. 98-12-4. 18.01.Qa Ordinance No.97-67 Amending Chapter IIA Prohibiting Discrimination in Contracting, Procurement, Bondin& and Financial Services 18.01-R) Ordirume No.97-172—Ordinance amending Section 2-10A requiting certain agreements for Professional Architectural and Engineoring Services to include Value Analysis as part of the scope of services 18.01.8) Ordinance No. 97-215-- Inspector General 18.01.T) Ordinance No_ 98-106--Cone of Silence 18.01-in Ordinance No, 99-5—Domestic Violence Lmvo 18.01.81) Ordinance No. 99.152 False Claim Ordinance 10 of 18 SE®PW/CRA 02- 61 04/12/200SRI 15:45 FAX 3053724646 a/022 APR-11-20e2 15:02 WALLACE ROBERTS & TODD. 305 443 0431 P-15 18.01.V0 Ordinance No. 99-162 Precluding entities who are not current in their obligations to the County from receiving new contracts or purchase orders 18.01A) Ordinance No. 00-67 Prohibition of contrasting with individuals and entities while in arrears with the County, as amended by Resolution R-531.00 18.01.1) Ordinance No. 00-85—Ordinance amending Section 2-8.9 of the Code ofMiami-Dade County (The Living Wage Ordinance) 1&01.AA) Resolution R-70298—Project -Fresh Start Welfare -To -Work Initiative 18.01.AB) Rdsolution R-104993—Affiffiative Action Plan Furtherance and Compliance 18.01.AQ Resolution R 385-9�--Poliey pmbihibiting contracts with $flub viclaturg the A .A. and other laws prohibiting discrimination on the basis of disability A.D.A. requireatents, arc a condition of award, as amended by ResolutionR-ISUO 18.OI.AD) Resolution R 51696=7ndVimdant Private Sector Inspector General (WSIG) Service 18,01.AE) Rcsolution R-1206-97—Superseded by R 702-9&—Project Fresh StartWelfare To Work Initiative IS-01AI? Resolution R-7400—Roquiring the continued ongagement of critical personnel in contracts For professional services for the, duration of the Project. 18.01.AG) Resolution R 99499--Code of Business Etbics 18.01.A H) - Resolution R 185-00--domestic Violence Leave requirements are condition of award 18.01.AD Administrative Order-3-26—Ordinance amending Section 2-10A regru mg certain agreements for Professienal Arrhitecturnl and Engineering Services to include Value Analysis as a part of the base scope of services 18.02) The Consultant shall comply with the financial disclosure requj=ents of Ordinance 77-13, by filing within 10 days of the execution of this Agreement and ptior to July I Sth of each succeeding year that the Agreement is in effect, One of the following with the Supervisor of Elections, Suite 1910, 111 N.W. 18t Street, Miami, Florida 33128; 18.02,A) A SOurcc of Iucome Statcmvnt 11 of 18 SEOPW/CRA 02- 61 **A V -'f 04/12/2002 FRI 15:45 FAX 3053724646 jow/g2; APR-11-2002 15:03 WtLlACE ROBERTS 8 TODD, 305 443 8431 P.lE 18.02.B) A Statement of Financial Interests 18,02,C) A copy of the Consultant's current federal income tax return 19.03) If Ordinance No.82-112 regarding Art in Public Places is applicable to the Project, the Consultant shall as part of his/her Basic Services, confer with the Executivo Director, Art In Public Places Program, to develop a concept for art appropriate to the Project, and with the Professional Advisory Committee as to the types) of art; locations) and possible artists(s). The final choice of the artist(s) will be made by the Art in Public Places Trvst, upon recommendation of the Professional Advisory Committee. The Consultant shall also consult with the artist(s) during the development of artworks) and make provision for and coordinate the installation of the work($) of art with the Contractor if anchorage, special lighting or plumbing connections are required, and shall inspect the completed installation(s). 18.04) Affirmative Action 18.04A) The Consultant's Affirmative Action Plan submitted pursuant to Ordinance 82-37, as approved by the Department of Business and Economic Development and any approved update thereof, are hareby incorporated as conttsctual obligations of the Consultant to Miami -Dade County hereunder. The Consultant shall undertake and perform the affirmative actions specified harem. The Director may declare the Consultant in default of this agreement for failure of the Consultant to comply with the requirements of this paragraph. 18.05) Minority Utilization Quarterly Reports 18.05.A) The Consultant's attention is directed to County Resolutions No. 1643-93 and No. 113.94. Pursuant to the Resolutions, the Consultant is required to file with County's Department of Business and Economic Development (ABED), quarterly reports due on or before the fi8eenth (15th) day of the months of April, July, October, and January, reporting the amount of contract monies received from the County pursuant to this and all other County projects (Resolution No. 1643-93), and reporting the amount of contract monies received from private sector work MUS.A) (Resolution No. 113-94). The quarterly reports shall specify the amounts of money that have been paid by the Consultant directly to Black, Hispanic and Women -owned businesses, as these are defined in the County code, which perform part of the work. Authorized representatives of each listed minority business shall sign the report(s), verifying the participation of the minority film in the contract Work and receipt of the monies listed 18.05,B) The quarterly reports are to be submitted to the department of Business and Economic Development, Suite 1710. 111 N.W. First Street, Miami, Florida 33128-1975, in the formats attached hereto 12 of 18 SEOPW / CRA 0 2 - 61 04/12/2002"'�I 15:45 FAX 3053724646 " 14 O1T/022 APR-11-2002 15:03 WRLUPCE ROBERTS & TODD, 30S 443 8431 P.17 18.0S) as Exhibits "A" and "B" titled "Quarterly Report -Dade County Work" and "Quarterly Report. Private Sector work", respectively. 18.06) PROMPT PAYMENT TO SMALL BUSINESS SUB CONSULTANTS 1&06.A) The Consultant's attention is directed to Miami -bade County Ordinance No. 9440, providing for expedited payments to small businesses by County agencies and the Public Health Trust; Ong dispute resolution procedures for payment of County and Public Health Trust obligations; and requiring the prune Contractor to issue prompt payments, and have the same dispute resolution procedures as the County, for all small business subcontractors. Failure of the prime Contractor to issue prompt payment to small businesses, or to adhere to its dispute resolution procedures, may be cause for suspension, termination, and debarment in accordance with the terms of the County contract or Public Health Trust contract and debarment procedures of the County. 18.07) INSPECTOR GENERAL 1&07.A) Miami -Dade County has established the Office of Inspector General which is required to perform mandatory randottt audits on all County contracts throughout the duration of each contract. 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 pursuant to all change orders, contract renewals, and extensions. 18.07.B) The Miami -Dade County Inspector General is authorized and emppwered to review past, present and proposed County and Public Health Trust programs, contacts, transactions, accounts, records and programs. In addition, the Inspector General has the 18.07,B) power to subpoena witnesses, administer oaths, require the production of records, and monitor existing Projects and programs. Monitoring of 211 existing Project or prograzn may include a report concerning whether the Project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the neoessity of and reasonableness ofpropomA change orders to the Contract. 18.07.C) Upon 10 days prior written notice to Consultant from the Inspector General the Consultant shall make all requested records and documents available to the inspector General for inspection and copying. The Inspector General shall have the right to inspect and COPY all documents and records in the Consultants possession, custody or control which, in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to 13 of 18 SE©PW/CRA 02- 61 04/12/2002 F*Wi5:45 FAX 3053724846 1 1441#/022 RPR-11-2oe2 15-'e3 WALLACE ROBERTS 8 TODD. 3e5 443 8431 P.18 18.07.C) original estimate files, change order estimate files, worksheets, proposals and. agreements from and with successful and unsuccessful subcontractors and suppliers, all Project -related correspondence, memoranda, instruction, financial documents eonsm etion documents, proposal and contract documents, back charge documents, all documents and records which involve cash, Wade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records, 18.07.D) The provisions in this section shall apply to the Consultant, its officers, agents, employoes, subcon racton, and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of the contract. 18.07.E) Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities, The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Consultant or tbird patties. 18.08) PROJECT FRESH START 18.08A) 'In accordance with Resolution R 702-98, as amended by Resolution R-358-99, any entity that has a contract with the County for the purchase of goods and setvices resulting in actual payment of $S00,000 or more, and any entity that has a County of Public Health Trust Construction Contract resulting in actual payment of $500,000 or more, shall contribute to Project Fresh Start, the County's Welfare -To -Work Initiative, based on the following scale: 18.0S.B) If the entity has a contract with the County that results in actual payment of an amount between: 18.08$.1) $500,000 to $1,000,000 then that entity shall contribute $5,000, 18.08.B.2) $1,000,001 and $5,000,000 them that entity shall contribute S10,000. 18-08.B.3) $5,000,001 and $10,000,000 then that entity shall contributo $20,000, 18.08.B.4) $10,000,001, and over then that entity shall contribute $25,000, 14of18 02- 61 04/12/200I 15:45 FAX 3053724646 1a018/022 APR-11-2002 15=03 WRLLACE ROBERTS & TODD, 305 443 8431 P119 18.08.C) Resolution R 702-98, as amended by Resolution R-358-99, applies to all such contracts whether competitively bid by the County or not. Applicable contracts that have recoived autborization by the Board of County Commissioners to waive forestal bidding procedures must also contribute to Project Fresh Start. Resolution R-702-98, as amended by Resolution R-358-99, does not apply to contracts with government entities, contracts with not -for -profit organization, or grant awards. 18.08.D) A bidder may request a waiver of the requirements of Resolution R-702-98, as amended by Resolution R-358-99, if the bidder can demonstrate that five -percent (5%) of the bidder's work force consists of individuals residing in Mami-Dade County and who 18.08D) have lost or who will lose cash assistance benefits, formerly Aid to Families with Dependent Children ("AFDC'), as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996." 18.08.E) The Consultant must also submit with the exectrted agreement; to be filed with the Clerk of the Board, the following: 18.08.E-1) Miami Dade County Disclosure Affidavit 18.08.E-2) Sworn Statement on Publio Entity Crimes 18.08.E.3) Annual Drug Free Workplace Affidavit 18.08.&4) Disability Nondiscrimination Affidavit 18.08.E-5) Family Leave Plan Affidavit 18.08.E-6) Fair Wage Affidavit 18.08.E-7) Project Fresh Start Welfare -to -Work Wtiative 18.09) ATTACH1 MNTS 18.09.A) The following named attychmcats arc made an integral part of this Agreement: 18.09.A.1) Miami -Dade CountyNsrclosure Affidavit 18.09.A-2) Sworn Statement on Public Entity Crimes 18.09.A-3) Annual Drug Free Workplace Affidavit 18.09.A4) Disability Nondiscrimination Affidavit 18.09.A.5) Family Leave Plan Affidavit 18.09.A.6) Fair Wage Affidavit 15 of 18 w�CPW/CRA 02 61 04/12/2002 PW 15:45 FAX 3053724646 W1A2a/022 RPR-11-2002 15:03 WALLACE ROBERTS 8 TODD, 305 443 8431 P.20 18.09.A T) Project Fresh Start Welfare -To -Work Initiative 18.09.A.8) CADD Drafting Standards 18.10) This Agreement shall be governed by the haws of the State of Florida and maybe enforced in court of competent jurisdiction in Miami -Dade County. SECTION M — CERTIFICATION OF WAGES RATES 19.01) In accordance with Florida Statute 287.055, the LANDSCAPE ARCHITECT hereby certifies and warrants that wages rates and other factual unit costs, as submitted in support of the compensation provided in Section IV are accurate, complete and current as of the date of this Agreement. It is further agreed that said compensation shall be adjusted to exclude any significant costs wherein the COUNTY shall determine that the price of services was increased due to inaccurate, incomplete or unclear wage rates or other factual unit costs. All such compensation adjustments shall be toade within three (3) years from the data of final billing or acceptance of the work by the COUNTY, whichever is later. 20.01) The LANDSCAPE ARCHIT$CTS Affirmative Action Plan, submitted pursuant to Ordinance 92-37, as approved on October 30, 1991 by the Department of Business and Economic Development and any approved update thereot are hereby incorporated a contractual obligations of the County hereunder. The LANDSCAPE ARCHITECT shall undertake and perform the affirmative action specified herein. The Dizoctor may declare the LANDSCAPE ARCHITECT in default of this Agmemgw for failure of the LANDSCAPE ARCHIC1E(7f to comply with the rrquiremmts of this paragaph. SECTION =—ENTIRETY OF AGREEMENT 21.01)This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understandings, oral or written, with rckrence to the subject matter hereof that are not merged harein and superseded hereby. No alteration, change, or modification of the terms of this A,grumuz# shall be valid unless made in writing signed by both parties hereto, and approved by the Board of County Commissioners. 16 of 18 SEOPW/CRA 02- 61 04/12/2002 FIA4k�5:46 FAX, 3053724646 4-421/022 RPR-11-2002 15:03 WALLACE ROBERTS & TODD, 305 443 8431 P.21 R11" THE CONSULTANT IS A CORPORATION Attest; Saeietary: Sipamm Legal Name of CocpomtIon By: Legal Name Siguamre (sue Legal',,== aad Tilt,. WHEN THE CONSULTANT IS AN INDIVIDUAL Ades wmc: sig,ur=. witness: S4=wm: WHEN THE CONSULTANT IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME Attest: Witness: Signature Legal Name of Firm Witness: Sigtlattwe Date Sigaed: Legal Name and Title_ WREN T$E CONSULTANT IS A PARTNERSHIP Attest: /� /�� Witness: C —-1/4 ' g - — !✓/A(A 4 !7) 17 of 18 Legal Name of PmWers&p Legal Name and Title SEOPW/CRA ®2- 61 11 04/12/Mv%oAiI 15:46 FAX 3053724646 0022/022 APR-11-2002 15:03 WRLLACE ROBERTS & TODD, 305 443 8431 P.22 MIAMT-DARE CONTY, FLORIDA Approved as to Insurance Requirements: Approved as to Form and Legal Sufficiency - Risk Management Diviszon� 7 Assistant tom)Attorncy IN WMZ SS VEBRBOF the said MIAMI-DADE COUNTY, FLORIDA, has caused this Agreement to be executed in its name by the County Manager, attested by the Clerk of the Board of County Commissioners, and has caused the seal of the Board County Commissioners to be set hereco, as exeouted and attested by the undersigned this day and year first above written. ATMT: FOR ass, . BOARD OF COUNTY COMMISSIONERS MIAMI DADS COUNTY, FLORIDA .• m w 01V jzml STEVE SHIVER CIft-eme Court County Manager - Kay Sullivan, Clerk of the Board tY Manager Distribution: One Original to Consultant One Original to Clerk of the Board One Original to Department of Business Development One Original to Department of Procurement Management One Original to Project File cc: Project Manager 18 of IS TnTAL P.22 S]EOPW / CRA 02- 61