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HomeMy WebLinkAboutSEOPW-CRA-R-02-0110SEOPW/CRA ITEM 5 RESOLUTION NO. - 110 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 AN AGREEMENT PREVIOUSLY EXECUTED BY THE CITY OF MIAMI WITH WOLFBERG, ALVAREZ AND PARTNERS, TO PROVIDE THE ARCHITECTURAL SERVICES DETAILED IN ATTACHED EXHIBIT "A" FOR FISCAL YEARS 2002 THRU 2004 FOR AN AMOUNT NOT TO EXCEED $500,000, SUBJECT TO THE AVAILABILITY OF TAX INCREMENT FUNDS FROM ACCOUNT NUMBER 689001.550108; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK ORDERS DETAILED IN ATTACHED EXHIBIT "B"; AND, FURTHER, REQUESTING THE CITY ATTORNEY TO EXPEDITE THE PREPARATION AND EXECUTION OF THE AGREEMENT. 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 an agreement previously executed by the City of Miami with Wolfberg, Alvarez and 110 Partners, to provide the architectural services detailed in attached Exhibit "A" for fiscal years 2002 thru 2004 for an amount not to exceed $500,000, subject to the availability of tax increment funds from account number 689001.550108. Section 3. The Executive Director is further authorized to issue the work orders detailed in attached Exhibit "B". Section 4. Additionally, the City Attorney is requested to expedite the preparation and execution of the agreement. Section 5. The resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of June 2002. ATTEST: PRISCILLA A. THOMPSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNEEiS: 7ATToVILARELLO, p NEY CRA R-02-110: ELF ARTHUR E. TEELE, JR., CHAIRMAN Page 2 of 2 SEOPW/C RA 0- 110 CITY OF MIAMI, FLORIDA June 13, 2002 TO Chairman Arthur E. Teele, Jr. and Members of the CRA Board FROM Annette E. Lewis Acting Executive Director, CRA INTER -OFFICE MEMORANDUM DATE June 13, 2002 SUBJECT REFERENCES REVISED ITEM 5 FILE Piggy Back Contract with Wolfberg, Alvarez & Associates ENCLOSURES Resolution, supporting documents RECOMMENDATION It is respectfully recommended that the CRA Board of Directors approve the attached resolution authorizing the CRA to piggy back off Miami -Dade County's contract with Wolfberg, Alvarez and Partners for architectural services as detailed in Exhibit "A", for the full contract amount of $500,000 and authorizing the Executive Director to issue the work orders as detailed in Exhibit "B"; further authorizing General Counsel to expedite the execution of said contract. (Deferred item # 15 on May 301h 2002 Agenda) BACKGROUND The CRA is interested in contracting with a minimum of two (2) professional architectural firms for the design of several approved CRA projects. In increasing the efficiency and productivity of the CRA as it relates to the completion of existing and future projects, engaging Architectural and Engineering firms for designing services related to projects to be assigned to the existing CM at Risk firms, will achieve the goal sought by the CRA. It is noted that the CRA Consulting Engineering firm has been restricted from performing certain A&E services unless specifically authorized by the CRA. General Source: OMNI TIF, SEOPW TIF Account Number: 686001.590320.6.860, 689001.550108 SEOPW/CRA 02- 47 June 13, 2002 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ITEMS i► __, TO: DATE: FILE: Chairman Arthur E. Teele, Jr. and Members of the CRA Board FROM: - Annette E. Lewis Acting Executive Director, CRA June 13, 2002 SUBJECT: Piggy Back Contract with Wolfberg, Alvarez & Associates REFERENCES: ENCLOSURES: -Resolution, supporting documents RECOMMENDATION it is respectfully recommended that the CRA Board of Directors approve the attacted resolution authorizing the CRA to piggy back off Miami -Dade County's FY 02-04 contract with Wolfberg, Alvarez and Partners for architectural services as detailed in Exhibit 'W', for the full contract amount of $600,000 and authorizing the Executive Director to issue the work orders as detailed in Exhibit "B"; further authorizing General Counsel to expedite the execution of said contract. (Deferred item # 15 on May 3CP 2002 Agenda) BACKGROUND " 2. The CRA is interested in contracting with a minimum of two (2) professional architectural firms for the design of several approved CRA projects. In increasing the efficiency and productivity of the CRA as if relates to the completion of existing and future projects, engaging Architectural and Engineering firms for designing services related to projectsto be assigned to the existing CM at Risk firms, will achieve the goal sought by the CRA. It is noted that the CRA Consulting Engineering firm has been restricted from performing certain A&E services unless specifically authorized by the CRA. ;General Source: OMNI TIF, SEOPW TIF Account Number: 686001.590320.6.860, 689601.550108 Si�OPWXRA 02-- 110 SEOPW AND OMNI/CRA CITY CLERK'S REPORT MEETING DATE: June 13, 2002 Page No. 4 ITEM 5 A RESOLUTION OF THE BOARD OF DIRECTORS SEOPW/CRA RESOLUTION 02-110 OF THE SOUTHEAST OVERTOWN/PARKWEST MOVED: SANCHEZ (SEOPW) COMMUNITY REDEVELOPMENT SECONDED: WINTON AGENCY (CRA) AUTHORIZING THE CRA TO NAYS: SANCHEZ PIGGY BACK OFF THE CITY OF MIAMI' S FY 02-04 CONTRACT WITH WOLFBERG, ALVAREZ AND PARTNERS FOR ARCHITECTURAL SERVICES AS DETAILED IN EXHIBIT "A", FOR THE FULL CONTRACT AMOUNT OF $500,000 AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK ORDERS AS DETAILED IN EXHIBIT "B' ; SUBJECT TO THE AVAILABILITY OF SEOPW TIF FUNDS FROM ACCOUNT NUMBER 689001.550108; FURTHER AUTHORIZING GENERAL COUNSEL TO EXPEDITE THE EXECUTION OF SAID CONTRACTS. ITEM 5 A RESOLUTIONk OF THE BOARD OF DIRECTORS OMNPCRA RESOLUTION 02-47 OF THE OMNI �OMMUNITY REDEVELOPMENT MOVED: SANCHEZ AGENCY (CRA) AUTHORIZING THE CRA TO SECONDED: WINTON PIGGY BACK OFF THE MIAMI DADE COUNTY'S NAYS: SANCHEZ CONTRACT WITH WOLFBERG ALVAREZ AND PARTNERS FOR AR TECTURAL SERVICES AS DETAILED IN EXHIBIT "A", FOR THE FULL CONTRACT AMOUN'� OF $500,000 AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK ORD RS AS DETAILED IN EXHIBIT `B�'; SUBJECT T THE AVAILABILITY OF OMNI TIF FUNDS FROM CCOUNT NUMBER 686001.590320; FURTHER AUTHORIZING GENERAL COUNSEL TO EXPEDITE THE EXECUTION OF SAID CONTRACTS. SBOP evV/CRA 0 2 - 110 Jane 0, 20M EICHIBIT "A" A 0om-- 110 NON-EXCLUSIVE PROFESSIONAL SERV-ECES AGREEMENT TF.IS NON-EXCLUSIVE AGREEMENT is made and entered into this 2_7r -L day of ��-t-1 19 Rr by and between Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and WO FB —. ALVAREZ AZM PARTNERS £J��r a Florida cox-poration, hereinafter referred to as the "ENGINEER". W I T H E S S E I H For and in consideratioz7i of the mutual. agreements hereinafter con,taii:ied, the COUNTY hereby retains the ENGINEER and the ENGINEER hereby covenants to provide the general consulting engineering services on an as needed basis in connection with miscellaneous Public Works type projects. SEC'S 019 I - COUNTY OBLIGATI"N The COUNTY agrees that its Public works Department shall furnish to the ENGINEER any plans and other data avail -able in the COUNTY files pertaining to the work to be performed under this agreement. Information shown on such plans or data shall be that which has been made available to the COUNTY, and shall be -provided to the ENGINEER without guarantee regarding its reliability and accuracy; the ENGINEER SEOPW/CRA 02- 110 shall be responsible for independently verifyi.:rig such information if it shall be used by the ENGINEER to accomplish the work undertaker_ pursuant to this Agreement_ The Director of the Public Works Department, hereinafter referred to as the "Director", reserves the right to c'uarantee the accuracy of .information provided by the COUNTY to the ENGINEER shall be responsible for independently verifying such information if it shall be used by the 3 ENGINEER to accomplish the work undertaken pursuant to this Agreement_. When such guarantee is provided in writing, the ENGINEER shall not be compensated for independent verification of said information. The Director of the Public works Department shall issue written authorization to proceed to the ENGINEER for each section of the work to be performed hereunder, in case of emergency, the COUNTY .reserves the right to issue oral authorization to the ENGINEER with the understandixig that -written confirmation shall follow immediately thereELfter. The ENGINEER shall submit a proposal upon the Director's request prior to the issuance of a Notice to Proceed. No payment shall be made for the ENGINEER's time or services in connection with the preparation of any such proposal_ The Director or his authorized representative shall confer with the ENGINEER before any Notice to Proceed is issued to discuss and agree upon the scope, time for completion, and fee for services to be rende__ed pursuant to this Agreement. SEOPW/CRA 2 02- 110 SECTION IZ - PROEESS3021 SERVICES Upon receipt of authox:izaticn to proceed from the Director, the ENGINEER agrees to perform professional services associated with the requested work in accordance with the negotiated terms of the applicable Notice to Proceed_ Said services m:�.y include, but shall not necessarily be limited to: A_ Update and modification of previously designed projects to conform with current requirements of permitting agencies, and new policies and standards for project design and construction. D. Design and construction plans preparation for minor improvement pro j ects . C_ Construction phase services as necessary- D. Engineering studies and summary reports _ E_ ' Provision of office and/or field personnel as support to co-anty staff. In connection with professional services to be rendered pursuant to this Agreement, the ENGINEER further agrees to: A- Maintain an adequate staff of gualij_ied personnel on the work at all times to ensure its comLZ)letion within the term specified in the applicable Notice to Proceed. F3_ Comply with all federal, state and local laws or ordinances applicable to the work. c�. Cooperate fully with the COUNTY in the scheduling and 3 SEOPW/CRA 02- 110 coordination of all phases of the work. D_ Report the status of the work to the Director upon request and hold pertinent data, calculations, field notes, records, sketches, and other products open to the inspection of the Director or his authorized agent at any time_ E_ Submit for COUNTY review design computations, sketches, and other data representative of the work Iz progress at the percentage stages of completion which may be stipulated in the applicable Notice to Proceed. Submit for COUNTY approval the -Einal work products upon incorporation of any modifications requested by the COCINTY during any previous review. F_ Confer with the COUNTY at any time during the further development and implementation of improvements for which the ENGINEER has provided design or other services as to interpretation of plans and other documents, correction of errors and omissions and preparatian of any necessary plan thereof- The ENGINEER shall not be compensated for the correction of errors and omissions on the part of the ENGINEER_ G- Prior to final approval of the work by the Director, complete a preliminary check of any construction documents through any county, city, state, or federal agency from which a permit or other approval is required_ 4 SUCTIC)N 2 2 - TIME FOR COMPLETION The services to be rendered by the ENGINEER for each section of the work shall commence upon receipt of a written Notice to Proceed from the Director subsequent to the executicn of this Agreement, and shall be completed within the time stated in the Notice to Proceed. �, reasonable extension of time shall be Granted in the event there is a delay on the part of the COUNTY in fulfilling its part of the Agreement or should a Force Majeure, as defined in Section IV hereof, render performance of the ENGINEER's duties impossible. Such extensions of time shall not be cause for any claim by the ENGINEER for extra compensation_ SEC ?N IV - FORCE MAJEURE torce Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance Or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the .rights and obligations under this Agreement, and which, by the exercise of du,�t diligence, such parties ® shall not have been able to avoid_ such acts or events 17_0 NOT INCLUDE inclement wheather (except as noted above) oa- the acts or omissions of subcorsultants/subcontractors, third -party consultants/contractors, SEOPW/CR. S 02 - 110 material-meza, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above_ No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch_ It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shah be conditioned upon such party giving, to the other party or parties, written notice of its assertion that a Force Majeure delay has commenced within. ten (10) working days after ,such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by Force Majeure unless the La�ilure to give timely notice causes material prejudice to the other party or parties. ECT1019 'V - COM-IMMATZON '.he COUNTY agrees to pay and the ENGINEE',R agrees to accept, for services rendered pursuant to this Agreement, fees and other SEOPW/CRA 6 0 -- 110 compensation computed in accordance with one or a combination of the methods outlined below: A. Fee as a Multi-ple of Direct Salary Cost and Fixed Ho��v��� 1. The fee for engineering services rendered by the E?,TGINEERrs personnel, principals excluded, shall be computed based on the direct salary cost, as reported to the Internal Revenue Service, for the time of said personnel engaged directly in the work, times negotiated multipliers of �2._8 for office personnel and 2_1 for field personnel_ This f,_e shall constitute full compensation to the ENGINEER for costs incurred in the performance of the work such as overhead, fringe benefits, operating margin s_nd all other costs not covered by reimbursable expenses_ 2. The ENGINEER 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 negotiated multiplier and shall be applied to the time spent on requested `Mork by the following principals: Julio 1_v_aZg._g David Woi fbera 3. Overtime work considered necessary and authorized by the Director shall be compensated at time -and -a -half of the rate established by Subsea -ion V-A(1) hereof for 7 SEOPW/CRA 0 10 personnel other than principals_ Principals shall not - receive additional compensation for performance of overtime work_ s _ Lump��m Fee The fee for any requested portion of work may, at the option of the COUNTY, be a lump sum mutzzally agreed upon by the COUNTY and the ENGINEER axxd stated in the written Notice to Proceed. Lump -sum fees may or may not include reimbursable expenses. C:. Reimbursable Expenses The ENGINEER shall be compensated fox' certain work related expenditures not covered by fees for engineering services, provided such expenditures are previously authorized by the Director_ Reimbursable expenses may include: 1_ Expenses for document reproduction, rental of specialized equipment, and purchase of special instruments necessary for the efficient performance of the work, provided that such instruments remain the property of the COUNTY upon work completion_ These expenses shall be reimbursed on a direct cost basis. 2. Expenses for travel, transportation and subsistence outside Dade County will be reimbursed according to the provisions of Florida Statutes Section 112.061, as presently written or hereafter amended_ SEOPW/CTA 0 = 10 r ■ ■ D. Maximum Compensation The total of all payments to the YNGINEER pursuant to this Agreement shall not exceed $500-,000 r provided that performance of additional services, as outlined in Section VI hereof, is not xecessary and authorized by the Director_ SECTIO TU VS - ADDITIONAL �9RRVICES In the event that a contingency necessitates the performance of additional services by the ENGINEER after the maximum compensation .. limit of the Agreement has been encumbered, the Director shall have the right to authorize performance of additiona__ services provided that compensation for such services does not exceed ten percent(109k) of the Agreement's maximum compensation limit_ SECTION V11 - METHODS Off' P YMENT The COUNT' agrees to make monthly or partial payments to the ENGINEER for all authorized work performed during the previous calendar month or other mutually agreed invoicing period. The ENGINEER agrees to provide copies of any records necessary to substantiate payment requests to the COUNTY_ Payments shall be made in accordance with the following methods: P_. Estimated Pr of ssional Fees a dfor Reimburs hl_P Exoens s 1_ The ENGINEER shall submit dul)7 certified invoices in triplicate to the Director- 9 Each invoice shall. be SE®PW/CRA 02- 110 referenced to the particular Notice to Proceed whic] authorized the services performed and/or expensef incurred. z. The amount of invoices submitted shall be comprised of the amounts due for all services performed and/o} reimbursable expenses incurred to date in connection. with authorized work, Less previous payments. The amounts due for professional services and/oz reimbursable expenses shall be calculated in accordance with Subsections V-A and V--C hereof, respectively. Invoiced reimbursable expenses must be substantiated by copies of receipts and other documentation as necessary. I3. L-- mb St3m Fee 1. The ENGINEER shall submit duly certified invoices in triplicate to the Director. Each invoice shall, be referenced to the particular Notice to Proceed which authorizer]: the services performed _ 2. The amount due of invoices submitted shall be calculated by applying the percentage of the total work completed to date to the authorized lump sum, and subtracting any previous payments. SECT ZN VIIT - SCREDVLF OF WORK 'The COUNTY shall have the sole right to determine on which units SEOFNVI CRA 10 0- 110 or sec --ions of the work the ENGINEER shall proceed and in what order. Written Notices to Proceed issued by the Direc--or shall cover in detail the scope, time for completion and compensation for the engineering services requested in connection with each uziit or section of work. SECTION IX - RIGHT OF RECISIONS All services shall be perforrt3ed by the ENGINEER to the i satisfaction of the Director who (shall decide all questions, difficultie.s, 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 charact6r, quality, amount and value thereof_ The Director's decisions upol-z all claims, questions and disput,�s shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event the'ENGINEER does not concur with the decisions of the Director, the ENr-INFER shall present such o p nt any bjiectyons in writing to the County ' Manager. The Director and the ENGINEER. shall abide by the decisions of the colin.ty Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court o� competent jurisdiction_ SECTION OWNERSHIP OF DOCL3NT=S All reports, tracings, plans, jspecifications, maps, contract documents, and/or other data developed !by the ENGINEER pursuant to this Agreement shall become the property ofthe COUNTY without restrictions S-ECPW/CRA �2 OX' limitations upon their use and shall be made available by the ENGINEER at any time upon request by tie COUNTY. Reuse of such data by the COUNTY for any pu?pose other than ghat fog: which prepared shall be at the COUNTY Is 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. i 9TIDN XI - REUSE OF DOCUMENTS The ENGINEER may reuse data from other sections of the work included in this Agreement provided irrelevant material is deleted_ The Director shall not accept any reusjed data. containing an excess of irrelevant material which has no connection with the applicable work_ SECTION XII_ NQ=BS Any notices, reports or other written communications fxom the ENGINEER shall be considered delivered �when.posted by certified mail or delivered in person to the Director.; Any notices, reports or other communications from the COUNTY to the ENGZD?EER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the COUNTY for delivered in person to said ENGINEER or the ENGINEER's authorizedirepresentativ'e_ SBgT1ON XIII - ABAN ONMMTT In the event the COUNTY" causes abandonment, cancellation, or SEOPW/CRA — 1_10 suspension. of the projects or parts thereof, the ENGINEER shall be compensated for all services rendered consistent with the terms of this Agreement up to the time the ENGINEER receives written -notification of such abandonment, cancellation or suspension. This compensation shall be determined on the basis of the percentage of the total services which have been performed at the time the ENGINEER receives such notice;. In the event partial payment has bsen made for professional services not performed, the ENGINEER shall retuxn such sums to the CO=Y withixi ten (10) days after receipt of written notice that such sums are due._ TICiN XIV - AUDZT RIGHTS The COtMTY reserves the right to audit th_e records of the ENGINEER related to this Agreement at any time during the prosecution of the work _included hereixi and for a period of one (1) year after final payment is made. The ENGINEER agrees to provide copies of any records necessary to substantiate payment requests to the COUNTY. ECTIc)N XV - STMCONTRAcTMC- "z'he ENGINEER shall not subcontract any work under this Agreement without the written consent of the Director. When applicable and upon receipt of such consent in writixig, the ENGINEER shall cause the names of the firms responsible for the major pertions of each separate speci&lty of the work to be inserted in the pertinent documents or 13 SEoPW/C A data. No assignTnent or transfer of work will be allowed.. S_E�ION XVi - WARRANTY The ENGINEER warrants that no companies or persons, other than bona fide employees working solely for the ENGINEER or the ENGINEER's COUNTY authorized subconsul.tants, have been retained or employed to solicit or secure this Agreement or have been paid or guaranteed payment of any fees, commissions, percentage fees, gifts or any other considerations contingent upon or resulting from the award or making of this Agreement. The ENGINEER also warrants that no COUNTY personnel, whether full-time or part-time employees, has or shall be retained or employed in any capacity, by the ENGINEER or the ENGINEER's COUNTY approved subconsultants, to accomplish the work contemplated under the terms of this Agreement. For breach or violation of this warranty, the Director , shall have the right to axiiiuJ this Agreement without liability. SECTION XVII - TERM-INA'Il Off' AGREEMENT It is expressly understood and agreed that the Director may terminate this Agreement, in total or in part, without cause or penalty, by thirty (30) days prior written notification or by declining to issue Notices to Proceed, as provided in section VIII; in which i event the COUNTY's sole obligation to the ENGINEER shall be payment, in accordance with Section V - Compensation, for those units or sections SEOPW/CRA ®2. ito of work previously authorized. Such payment shall be determined on the basis of the hours or percentage of work performed by the ENGINEER up to the time of termination. In the event partial payment has been made for pxofessional'services not performed, the ENGINEER shall return such sums to the COUNTY within ten (10) days after receipt of written notice that said sums are due. Upon such termination, the CC NTY may, without penalty or other obligation to the ENGINEER, elect to employ other persons to perform the same or similar services. 04 _UCT20N XVIII - DURATION OF AGRE=NT This Agreement shall remain in full force and effect for a period of t'OTO (2) years after its date of execution (although actual completion, .of the services hereunder may extend beyond such term) or inuntil depletion of the funds allocated to pay for the cost of said services; whichever occurs first, unless extended by the Director. The .04 Director shall have the right to extend this Agreement on an biannual basis for up to two (2) additional two-year periods- Each extension will not exceed two (2) years and will be authorized in writing by the Director prior to the applicable expiration date. ML This Agreement may also be terminated by mutual consent of the panties hereto or as provided in Section XIII, Section XVI, Section XVII, Section XIX, Section XXIII, and Section XXV hereof. The performance of specifically and properly authorized services which may ® extexld beyond the Agreement's effective term axzd shall be compensated SEOPNV/CRAi in accordance to Section U' hereof_ I SECTION XIX - DEFAULT In the event the ENGINEER fails to comply with the provisions of thisA-greement, the Director may declare the ENGINEER in default by thirty (30) days prior written notification. In such event, the ENGINEER shall only be compensated for any completed professional services. In the event partial payment :gas been made for such professional services not completed, the ENGINEER shall return such sums to the COUNTY within ten (10) days after notice that said sums are due_ The ENGINEER shall not be compensated on a percentage of the professional services which have been, per -formed at the time the Director declares a default. In the event the COUNTY prey, -ails in litigation to enforce the provisions of this Agreement, the COUNTY shall be compensated by the ENGINEER for reasonable attorney's fees and court costs. CTIaN XX - INAEMNIFICATION AND IN$URA.NCE The ENGINEER shall indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of actions arising out of .any willful or negligent act, error or omission of the ENGINEER, or its princi.pals, employees and/or agents, incidental to the performance of the 2N`GINEER's professional services under this Agreement; and to the extent of any such claim, liability, loss or cause of action, the 16 SEOPW/CRA 02- 110 ENGINEER shall pay all such claims and lossei and costs and judgments which may issue thereon, as well as any attox-n.ey's fees incurred. The ENGINEER shall not commence any work pursuant to this Agreement until -all insurance required under this Section has been obtained and such insurance has been approved by the COUNTk's Risk Management Division. The ENGINEER shall maintain during the term of this Agreement the following insurance: : A. Automobile Liability Insurance covering all owned, non -owned and hired 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. E. Professional Liability Insurance in the amount of $100,000 with deductible per claim, if any, :not to exceed ten percent (100-.) of the limit of liability pr viding for all sums which the ENGINEER shall become legally obligated to pay as damages for claims arising out of the services performed by the ENGINEER or any person employed by the ENGINEER in connection with this Agreement. C_ Public Liiability Insurance, on a comprehensive basis, in an F amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The policy must be endorsed to show Metropolitan Dade County as additional.. insured_ D_ ►nrorker's Compensation Insurance ir, compliance with Chapter SEOP! CRA 0_ 110 17 P 440, Florida Statutes, as presently written or hereafter amended_ All insurance policies 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 11Class V" as to strength by the latest edition of Rest's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the Risk Management Division, or, the companies miiQt 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. The ENGINEER shall tu=3ish certificates of insurance to the Risk Management Division, Suite 2340, Metro -Dade Center, 111 N-W. First Street, Miami, FL.33128-1987 prior to the commencement of operations, which certificates shall clearly indicate that the ENGINEER has obtained insurance in the type, amount, and classification as required for strict compliance with this Section anal t=zat no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the COUNTY_ Compliance with the foregoing requirements shall not relieve the ENGINEER_ of the liabilities and obl.ig2Ltions 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 C SEO W/ insurazace are inadequate to ascertaiTT compliance with required coverages. SECTION XZJ- CERTIFICATION OF WAGE RATES I:n. accordance with Florida Statute 287.355, the E-NGINEER hereby certifies and warrants that wage rates and other tactual unit costs, as submitted in support of the compensation provided in Section ti, are accurate, complete and cu3'rent as of the date of this Agreement_ It is further agreed that said compensation shall be adjusted to exclude any significant costs where the COUNTY shall det-ermine 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 made within one (1) year from the date of final. billing or acceptance of the work by the COUNTY, whichever is later. SECTION XXI. - ORDINANCES The ENGINEER agrees to abide and be governed by Dade County ordinances which may have a bearing on the work contemplated hereunder, including but not necessarily limited to: Ordinance No. 72-82 (Conflict of interest Ordinance), as amended; Ordinance No_ 77-13 (Financial Disclosures), as amended; Ordinance No. 91-142 (Family Leave), as amended by Ordinance No_ 92-91; Ordinance No_ 92 15 (Drug -Free Workplace); Ordinance No_ 93-137 (Penalzies and Debarment of Contra_ctox's Attemptixzg to Meet Contractual Obligations with the County 19 02. 110 Through Fraud, Misrepresentation or Maternal Misstatement); and Ordinance No. 93-136 (Debarment, Exclusion from County Contracting, Subcontracting, and ESE Certification for Individuals- and Entities Who Aid of Abet Attempts to Comply with the Black Business Enterprise Program Through Fraud, Misrepresentation or Material Misstatement); Ordinance No. 90-133 (Ownership and Employee wages and Benefits Disclosure); and Ordinance No. 90-143 4Fair Wage), which are incorporated herein by reference, as if fu-_ly set forth herein, in connection with the ENGINEER's obligations hereunder. The ENGINEER shall comply with t'he financial disclosure requirements of Ordinance No_ 77-13 by having on file or filing within thirt;r (30) days of the execution of this Agreement one of the following with the made County Elections Department, P.O. Box 012241, Miami; FL 33101: ��. A source of income statement 33 _ P, current certified financial statement C. A copy of the ENGINEER's current Federal income Tax Return SEC ION XXIII_- AFFIRMATIVE AC'TON The ENGINEER'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 hereby incorporated as contractual of the ENGINEER to Dade Count hereunder. The nt Lual obligations y ENGZNEFR shall undertake and perform the aff=rmative actions specified SBO ,W / .n ®2— 110 herein. The Director may declare the ENGJ:IEER in default of this agreement for failure of the. ENGINEER to comply with the requirements of this paragraph. 9E n- ON XXINT - MINORITY FIRMS UTILIZATION GUAR FRLY REPORTS 'Z']:ie ENGINEER.*s attention is directed to County Resolut-ions No. 1643-93 and No. 113-94. Pursuant to the xesoutions, the ENC.-INEER is required to file with the COUNTY's Department of Business Development, quarterly reports due on or before the fifteenth (15th) day of the months of _kpril, July, October, and January, reporting the amount of contract monies received fr M the COUNTY pursue to this and all other. County projects (Ra-olution No. 16 3-93), and. reporting the amount of contract monies recei'yad from private sector work No. 1 3- The quarterly reports shall specify the amounts of money that have been paid by the ENGINEER 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 firm in the contract work and receipt of the monies listed_ 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 ioxmats attached hereto as Exhibits "A" anal "B" titled "Quarterly Report -- Dade County Work" and "Quarterly Report - Private Sector Work", respectively. S, -F'W f CPA SECTTO;a XXV - PROMPT PAYMENT TO SMALL EUSTNESS SCONSULTANTS The ENCINEER's attention is directed to Dade County Ordinance No. 94.-40, providing for expedited payments to small businesses by County agencies and the Public Realth Trusts creating dispute resolution procedures for payment of County and Public Health Trust obligations,, and rc-guiri-ag the prime 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 teams of the County contract or Public Health Trust contract and debarment procedures of the Ccuxaty. SECTICIXXVS - TRETY OF AgRMEEMENT This writing embodies the entire agreement and understanding a betweE,n the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof: that are not merged herein and superseded hereby. No alteraticxa, change, or modification of the terms of this Z_greemient shall be valid unless made in writing, signed by both parties hereto, and approved by the Board of County Commissioners_ ]'his Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Dade County, Florida. SE®PW/CRA 02 - 110 22 IN WITNESS WHEREOF the parties hereto have executed these- joresents tHis -_R- day of ATTEST- RARVEY RUVIN, CLERK OF TIHE BOARD By: n A, 'y ATTEST -- By: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By WOLFBERG ALVAREZ AND PARTNERS a Florida Corporation By tz L u c, Alv I z Preside. (CORPORATE SEAL) 23 SEOPW/Cuk 02- ito �. -ON EXHIPIT "A" QUARTERLY REPORT - DADE COUNTY WORK (Name. of County Contractor) pursuant to County Resolution No. 1634-93, has for the (1st, 2nd, 3rd or 4th) Quarter of 19 received the following sum from the County on all County projects or agreements the Contractor had during the quarter; $ dollars and cents The 'following minority firms have received from this Contractor the sums listed below during this quarter period. By their signature, the firms verify their receipt of the listed sums: A. BLACK -OWNED FIRMS Signature or Firm's Nctlfie of Film County Contract Representative Name/dumber Name of Firm County Contract Signature of Firm's Representative Name/Number En County Contract Name of Firm Signature of Firm's } l�J Representative Name/Number F 0 Signature of Firm's Name of Firm County Contract Representative Name/Number Dollar Amount Dollar Amount Dollar Amount Dollar Amount (ATTACH ADDITIONAL PAGES IF ;NECESSARY) Page 1 of 3 E . HISPANIC -OWNED FI= Signature of Firm's Name of Firm County Contract Dollar Amount Representative Name/Number Signature of Firm's Name of Firm County Contract Dollar Amount Representative Name/Number Signature of Firm's Name of. Firm County Contract Dollar Amount Representative Name/Number Signature of Firm's Name of Firm County Contract Dollar Amount Representative Name/Number (ATTACH ADDITIONAL PAGES IF NECESSARY) C. WOMEN —OWNED -FIRMS, Signature of Firm's Name of Firm Representative Signature of Firm's Name of Firm Representative Signature of Firm's Name of Firm Representative Signature of Firm's Name of Firm Representative County Contract Name/Number County Contract Name/Number County Contract Name/Number County Contract Name/Number Dollar Amount i Dollar Amount Dollar Amount Dollar Amount SEOPWI CRA °y`_ 110 June 13, 2002 ('ity of Miami Community Redeve opment Agency REQUEST FOR SERVICES TO: David A. Wolfberg, AU Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M. ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and Architectural Services -Divine Mission Artist Residences project WORK ORDER # PZ-4 WORK ORDER The abovementioned firm is requested to submit a fee proposal for the services listed below for conversion of the Divine Mission building located at 910 NW 2" a Court, into a Residence for Artists, including galleries and a Dark Room. SCOPE OF WORK The firm will be required to provide deliverables including but not limited to: 1. Plans and Specifications 2. Critical Path Method (CPM) 3. Permitting and Conceptual Drawings All work. must be submitted electronically to CARSCO=j2CI.N ANFI.FL.US'or on Compact Disk, along with a hard copy submitted via mail. Any and all project status updatemust be submitted in Microsoft Projects format, - Estimated Cost(s) Total Cost (s) Approvals: Cesar Calas, CRA Consulting Engineer Chelsa Arscott-Douglas, Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director $60,000 Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Date Date Date SEOPW/CRA 02- 110 June 13, 2002 City orMiami Community Rede�ency REQUEST FOR SERVICES TO: David A. Wolfberg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M. ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and Architectural Services -Masonic Lodge Conversion project WORK ORDER # PZ-5 WORK ORDER The abovementioned firm is requestedto submit a fee proposal for the services Iisted below for conversion of the Masonic Lodge building located at NW 3d Avenue, into city functioning office. ` SCOPE OF WORK The firm will be required to provide deliverables including but not limited to: 1) Plans and Specifications 2) Critical Path Method (CPM) 3) Permitting and Conceptual Drawings All work must be submitted electronically to.CARSC0T IT CI.NffAMI.TtUS or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $75, 000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Chelsa Arscott-Douglas, Policy & Program Dev. Administrator cAnnette Lewis, Acting Executive Director Date Date Date SEOPWICRA 02- 110 June 13, 2002 . A (Sty of Miami Community Redcce tAgenty REQUEST FOR SERVICES TO: David A. Wolfberg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M. ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and Architectural Services -Masonic Lodge — Phase 2 — Public Facilities WORK ORDER # PZ-6 { WORK ORDER The abovementioned firm is requested to submit a fee proposal for the services listed below for the construction of a Public Facility with community rooms, adjacent to the Masonic Lodge, in lieu of the Culture and Technology Center as approved by the Board as a Capital Project. SCOPE_ OF WORK The firm will be required to provide deliverables in but not limited to: 1) Plans and Specifications 2) Critical Path Method (CPM) 3) Permitting and Conceptual Drawings All work must be submitted electronically to CARSC0TTQCI.1\4IAMI.FL.US or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $125,000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Date Chelsa Arscott-Douglas, Date Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director Date SEOPW/CRA 02-- 110 June 13, 2002 city of Miami h WRodencment mCommuency , REQUEST FOR SERVICES TO: David A. Wolfberg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl_ 33146 DATE: June 6, 2002 FROM: Chelsa M. ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and Architectural Services-Fagade"Improvements to the Masonic Lodge. WORK ORDER # PZ-7 WORK ORDER The abovementioned firm is requested to submit a fee proposal for the services listed below for fagade improvements to the Masonic Lodge. SCOPE OF WORK The farm will be required to provide deliverables including but not limited to: 1) Plans and Specifications 2) Critical Path Method (CPM) 3) Permitting .and Conceptual Design All work must be submitted electronically to CA_RSCb:[ CI.M kNfl.FL.US or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $28,000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Chelsa Arscott-Douglas, Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director Date Date Date SEOPW/ CRA 0- Ito June 13, 2002 City or Miami ComamnityRedemve pmentAgency REQUEST FOR SERVICES - TO: David A. Wol#berg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M. ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and Architectural Services -Commercial Revitalization Supplemental Grant Program recipients project WORK ORDER # PZ-8 WORK ORDER The abovementioned firm is requested to submit a fee proposal miscellaneous architectural services as it relates to the projects approved under the Commercial Revitalization Supplemental Grant Program (CRSGP). SCOPE OF WORK The firm will be required to provide deliverables including but not limited to: 1) Plans and Specifications 2) Critical Path Method (CPM) 3) Permitting and Conceptual Drawings All work must be submitted electronically to CARSCOTT a(�C1.N AMI.FL.US or on Compact Disk, along with a hard copy- submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $75,000 Total Cost. (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Date Chelsa Arscott-Douglas, " Date Policy & Program Dev. Administrator r, Annette Lewis Acting Executive Director Date SEOPW/CM 02 - 110 June 13,2002 Otyormiaml Community Rede =nt Agency REQUEST FOR SERVICES TO: David A. Wolfberg, ATA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables,, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M.'ARscott-Douglas, Policy and Program Development Administrator REQUEST Engineering and. Architectural Services-Mappifig, graphics, GIS and surveying services. WORK ORDER # PZ-9 WORK ORDER The abovementioned firm is requested to submit a fee proposal for mapping, graphics, GIS and surveying services. SCOPE OF WORK The firm will be required to provide deliverables including but not limited to: 1) Surveying plans 2) Plains and Specifications 3) Critical Path Method (CPM) 4) Permitting and Conceptual Drawings All work must be submitted'electrofiically to CARSCQTT�a,C1.MLA0,ff.FL.US or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $40,000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Date Chelsa Arscott-Douglas, bate Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director Date SEOPW/CRA 02- 110 June 13, 2002 City orr Miami Community Rcdet�=cy REQUEST FOR SERVICES TO: David A. Wolfberg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 . FROM: Chelsa M..ARscott-Douglas, Policy and Program Development. Administrator REQUEST Engineering and Architectural Services -Miscellaneous Civil Engineering services WORK ORDER # PZ-10 { WORK ORDER The abovementioned firm is requested to submit a fee proposal for miscellaneous civil engineering and program management services for various approved projects, specifically including the reconstruction of NW 11"' Street. SCOPE OF WORK The firm will be required to provide services and: deliverables including but not limited to: 1) Project Management 2) Surveying plans 3) Plans and Specifications 4) Critical Path Method (CPM) 5) Permitting and Conceptual Drawings All work must be submitted electronically to CARSC0TT0.C1.M1A1\U.FL.US or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $150,000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting Engineer Chelsa Arscott-Douglas, Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director Date Date Date SEOPWICRA 02— 110 June 13, 2002 City of Miami- Community Redeye mem Agcncp REQUEST FOR SERVICES TO: David A. Wolfberg, AIA Wolfberg Alvarez and Partners 1500 San Remo Avenue, Suite 300 Coral Gables, Fl. 33146 DATE: June 6, 2002 FROM: Chelsa M..ARscott-Douglas, ,. Policy and Program Development Administrator REQUEST Miscellaneous Architectural Services -Public Meetings WORK ORDER # PZ-11 WORK ORDER The abovementioned firm is requested to submit a fee proposal miscellaneous architectural services as it relates to the coordination and hosting of planning workshops and/or community public meetings. SCOPE OF WORK The firm will be required to provide deliverables including but not limited to: 4) Powerpoint Presentations 5) Plans and Specifications 6) Critical Path Method (CPM) 7) Permitting and Conceptual Drawings All work must be submitted electronically to CARSC4TTQCI.MIA1Z.FL.US or on Compact Disk, along with a hard copy submitted via mail. Any and all project status update must be submitted in Microsoft Projects format. Estimated Cost(s) $25,000 Total Cost (s) Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Approvals: Cesar Calas, CRA Consulting. Engineer Date Chelsa Arscott-Douglas, Date Policy & Program Dev. Administrator Annette Lewis, Acting Executive Director Date SECS vt1CRA 0110 - June 13, 2002 RESOLUTION NO. SEOPW/CRA R- REVISED SEOPW/ITEM 5 02- 110 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARKWEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA TO PIGGY BACK OFF MIAMI DADE COUNTY'S CONTRACT WITH WOLFBERG, ALVAREZ AND PARTNERS FOR ARCHITECTURAL SERVICES AS DETAILED IN EXHIBIT "A", FOR THE FULL CONTRACT AMOUNT OF $500,000 AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ISSUE THE WORK ORDERS AS DETAILED IN EXHIBIT `B"; SUBJECT TO THE AVAILABILITY OF SEOPW TIF FUNDS FROM ACCOUNT NUMBER 689001.550108; FURTHER AUTHORIZING GENERAL COUNSEL TO EXPEDITE THE EXECUTION OF SAID CONTRACTS. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SEOPW 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 CRA Board of Directors hereby authorizes the CRA to piggyback off Miami Dade County's contract with Wolfberg Alvarez and Partners for architectural services as detailed in Exhibit "A", for the full contract amount of $500,000 and authorizing the Executive Director to issue the work orders as detailed in Exhibit `B" subject to the availability of SEOPW TIF funds from account number 689001.550108; further authorizing General Counsel to expedite the execution of said contracts. Section 3. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of June, 2002. Priscilla Thompson Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello CRA General Counsel Arthur E. Teele, Jr., Chairman SEOPW/CRA Old/CRA 02- 110 0 2 - 47