HomeMy WebLinkAboutSEOPW-CRA-R-02-0126SEOPW/CRA ITEM 2
SE®PTR
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA") AMENDING
RESOLUTION SEOPW/CRA R-02-61 AND AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO PIGGYBACK OFF THE AGREEMENT
PREVIOUSLY EXECUTED BY MIAMI-DADE COUNTY WITH
WALLACE ROBERTS & TODD ("WRT"), P & R PROJECT
A00 PARK-01, DATED NOVEMBER 8, 2001, FOR
LANDSCAPE ARCHITECTURAL PLANNING & DESIGN
SERVICES RETROACTIVE TO MAY 1, 2001, FOR AN
AMOUNT GUARANTEED BY WRT NOT TO EXCEED
$500,000, SUBJECT TO THE AVAILABILITY OF
FUNDS FROM ACCOUNT NUMBERS
689001.550108.6.230 AND 689004.55001.6.270;
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
THE DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, THAT ARE REQUIRED TO IMPLEMENT
THE AGREEMENT; AND DIRECTING THE EXECUTIVE
DIRECTOR TO ELIMINATE WRT AS THE GENERAL
PLANNING CONSULTANT TO THE CRA.
WHEREAS, Wallace Roberts and Todd ("WRT") is desirous of
providing landscape architectural planning and design services
for CRA projects; and
WHEREAS, the Board of Directors is desirous of piggybacking
off the agreement previously executed by Miami -Dade County with
WRT, for landscape architectural planning and design services,
which agreement was awarded in compliance with the Consultant's
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Competitive Negotiation Act ("CCNA") and other applicable laws;
and
WHEREAS, WRT has committed to being bound by all the terms,
conditions and provisions of the foregoing agreement, which
agreement is deemed incorporated by reference herein as if
recited in full, along with any additional terms and conditions
as may be in the best interests of the CRA.
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 amends Resolution
SEOPW/CRA R-02-61 and authorizes the Executive Director to
execute an agreement, in a form acceptable to the City Attorney,
to piggyback off the agreement previously executed by Miami -Dade
County, P & R Project No. A00 Park-01, with Wallace Roberts &
Todd ("WRT") for landscape architectural planning & design
services retroactive to May 1, 2001.
Section 3. The agreement shall be for an amount
guaranteed by WRT not to exceed $500,000 and shall be subject
to the availability of funds from account numbers
689001.550108.6.230 and 689004.55001.6.270.
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Section 4. The Executive Director is authorized to
execute the documents, in a form acceptable to the City
Attorney, that are required to implement the agreement.
Section 5. The Executive Director is further directed
to eliminate WRT as the general planning consultant to the CRA.
Section 6. The resolution shall be effective
immediately upon its adoption. ,
PASSED AND ADOPTED this 9th day of July, 2002.
ARTHUR E. TEELE, JR., CHAIRMAN
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO
FORM AND CORRE
SS:
/CRA R-02-126: kdw: ELF
Page 3 of 3
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02- 126
CITY OF MIAMI, FLORIDA
TO Chairman Arthur E. Teele, Jr. and
Members of the CRA Board
FROM
Annette E. Lewis
Acting Executive Direct r, CRA
INTER -OFFICE MEMORANDUM
ITEM 2
DATE July 8, 2002 FILE:
SUBJECT:
Contract with Wallace Robert & Todd
(WRT) for Landscape Architectural
Planning & Design Services
REFERENCES:
ENCLOSUR!�SOIutlon, supporting documents
RECOMMENDATION
It is respectfully recommended that the CRA Board of Directors approve the attached resolution
amending resolution SEOPW/CRA R-02-61 and OMNI/CRA R-02- and authorizing the CRA
Executive Director to piggy back of Miami -Dade County's contract (A00 Park-01) with Wallace
Roberts & Todd (WRT) for landscape architectural planning & design services for the full contract
amount of $500,000 retroactive to May 1, 2001 subject to the availability of funds from account
numbers 686001.590320.270, 689001.550108.270 and 689004.55001.6.270; further eliminating WRT
as the General Planning Consultant to the CRA..
BACKGROUND
On April 25, 2002, the CRA Board adopted resolutions SEOPW/CRA R-02-61 and OMNI/CRA R-02-
which authorized the CRA Executive Director to piggy back off Miami -Dade County's contract with
WRT for the full contract amount and further designated WRT as the General Planning Consultant to
the CRA. Subsequently, on June 13, 2002, CRA General Counsel advise the CRA Board on the
applicable Florida Statutes and other such procurement laws which regulates Piggy Back contracts.
This resolution takes in consideration the terms and conditions of such laws and this proposed contract
is being presented again to the Board for approval.
Funding Source: SEOPW and OMNI T1F
Account Numbers: 689001.550108.6.230 and 689001.550108.6.270 and 686001.590320.6.230
686001.590320.6.270
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SCOPE OF SERVICES
PHASEI: ON -GOING LANDSCAPE ARCHITECTURAL PLANNING SERVICES
Task One: FY2002 Budget
In this task, the FY2001 Budgeted Projects and Programs will be evaluated in consultation with
CRA staff and its other consultants to identify projects and programs that will be completed under
the current budget, those that will be removed from the budget and those that will be carried over
to future budgets. Recommendations will be made regarding the appropriate integration of the
currently budgeted projects and programs into the revised SEOPW and OMNI CRA
redevelopment plans. This task includes. review and evaluation of previous planning consultant's
work orders and work products.
Wallace Roberts & Todd, LLC's fee for this task is $ 11,000.
Task Two: Overtown Town Hall Meeting
WRT will participate in the annual Overtown Town Hall Meeting. In collaboration with CRA
Staff and its consultants, WRT will assist in the planning of and participate in a meeting to update
the public and receive their input into the current CRA projects and programs.
Wallace Roberts & Todd, LLC's fee this task is $ 10,000.
Task Three: On -going input into current CRA proiects and programs
WRT will provide oversight, evaluation and input services to the CRA related to their projects
currently underway including the SEOPW Redevelopment Plan Update, the Grand Promenade,
and Margaret Pace Park.
Wallace Roberts & Todd, LLC's fee for this task is $ 8,000.
Task 4: Club District Streetscape Master Plan
WRT will provide a master plan for streetscape improvements within the Park West Club District
between the I-395 ROW and NE and NW I& Streets and between Biscayne Boulevard and NW
3rd Avenue. The master plan will include recommendations for traffic flow patterns, location and
capacity of surface parking lots, and streetscape. enhancements within the district. The scope of
service assumes a maximum of ten (10) two hour meetings with other consultants to ensure the
integration of the master plan with the Downtown Transportation Master Plan, the Biscayne
Boulevard Area Study, the Grand Promenade, the SEOPW Redevelopment Plan Update.
The scope of service does not include construction documentation of streetscape enhancements.
Such work will be carried out under a separate Subtask Work Order
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The scope of service assumes that the CRA will provide the following:
Site Survey of the project area indicating all property lines, set back requirements,
easements and existing structures including face of curb, surface and below grade utilities
structures, buildings, overpass support columns, overhead structures include building
canopies and highway and Metro Mover overpasses.
Parking Demand Analysis
Traffic Impact Analysis
Wallace Roberts & Todd, LLC's fee for this task is $ 35,000.
PHASE 2: OPEN SPACE MASTER PLAN FOR SEOPW AND OMNI CRA
Successful redevelopments are built on an armature of public open spaces that establish and
strengthen links to the natural context — the harbor, the beach, the river. A comprehensive open
space master plan can ensure that the benefits of a wide variety of redevelopment efforts currently
in the planning stages are coordinated and extend to the city as a whole. A comprehensive open
space master plan for the CRA can create synergy between the components of the on -going and
potential improvement projects both within the CRA and beyond are and result in a sustainable
and economically viable infrastructure that will ensure the kind of smart growth that preserves
possibilities rather than squanders them. A coherent openspace system that incorporates parks,
waterfronts, streetscapes, transportation systems, greenways for pedestrian and bicycle will
provide a tangible and enriching framework for sustainable community development that will
ensure the success of a wide range of redevelopment efforts. Identifying opportunities to weave
an open space fabric throughout the CRA areas in a phased, strategic way that supports other
public and private redevelopment efforts both within the CRA and beyond will ensure that Miami
makes the most of the potential for these initiatives to finally coalesce.
WRT Proposes to craft an Open Space Master Plan for the CRA in three phases, as follows:
Task One: Defining Proiect Parameters
In this initial step the physical, functional, aesthetic and historical parameters of the project will
be defined by objective data analysis and by initial policy direction by key stakeholders. This step
will involve compilation of data, meetings and research required to summarize on -going open
space initiatives being carried out by other agencies and organizations overlapping and impacting
the CRA area. These include, but are not limited to: The City of Miami Departments of Planning
and Zoning and Parks and Recreation, The Metropolitan Planning Organization, the Downtown
Development Authority, the Transportation Master Plan Study, the Trust for Public Land, the
Black History Archives.
Task Two: Defining Concepts
Within the framework of the project parameters defined in Task One, a series of alternative
concepts will be posed and evaluated. These will explore a range of options concerning possible
open space design concepts. With careful comparison of the implications of the options
considered, the client and consultant will craft a preferred concept.
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Task Three: Documentation
In this final phase, the three project deliverables will be presented in draft form, refined with
public input and client direction and prepared in final form. These will include:
• Greenway and Open Space Master Plan
• Historical Interpretive Plan for Monuments and Markers
• Arts Master Plan for Art -in -Public Places
Wallace Roberts & Todd, LLC's fee for this task is $ 125,000.
PHASE 3: OMNI CRA MASTER PLAN
The SEOPW CRA Redevelopment Plan update currently underway will evaluate the various
improvement projects underway in Overtown, including the The Overtown Historic Business
Corridor, The Overtown Historic Entertainment District, The Park West Club District and include
them, wherever possible, in a Master Plan that addresses urban planning and land use issues as
well as implementation strategies based on economic feasibility and financial planning
considerations.
A similar reevaluation of Programs and Projects within the OMNI CRA is called for to ensure
cohesive development of the Fire Station No. 2 Motion Picture/Media District (14th Street
Corridor), the Omni Entertainment District, the Performing Arts Center and Biscayne Boulevard
Corridor and other redevelopment districts within the OMNI CRA. Development guidelines
within both CRA areas should be crafted within the framework of an Open Space Master Plan
that is coordinated city-wide and developed in cooperation with the City of Miami, the
Metropolitan Planning Organization and other agencies and organizations.
The Revised Redevelopment Plan for the OMNI CRA will be crafted in three phases, as follows:
Task One: Defining Proiect Parameters
In this initial step the physical, functional, aesthetic and historical parameters of the project will
be defined by objective data analysis and by initial policy direction by key stakeholders.
Task Two: Defining Concepts
Within the framework of the project parameters defined in Phase One, a series of alternative
concepts will be posed and evaluated. These will explore a range of options concerning possible
land use mixes and alternative urban design criteria for building form and site orientation. With
careful comparison of the implications of the options considered, the client and consultant will
craft a preferred concept.
Task Three: Documentation
In this final phase, the three project deliverables will be presented in draft form, refined with
public input and client direction and prepared in final form. This will include:
• Development Standards and Design Criteria
• Historic Preservation Plan and Market Feasibility Study
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• Greenway and Open Space Plan Design Criteria
TASK ONE: PROJECT PARAMETERS
1.1 Review of Past Plans
In this task, the Consultant will review and document all prior plans and studies. With staff
guidance, the degree of current relevance, or need for updating of policies, will be noted.
1.2 Data Review and Assembly
In this task, staff and consultant will array existing available data on land use, circulation, socio-
economic indicators, etc. Data gaps will be jointly identified and the means to address them will
be mutually agreed to. In addition, suitable scale base maps will be properly formatted using
existing CRA-provided maps and/or aerial photos.
1.3 Stakeholder Interviews / Site Reconnaissance
Over a 2-3 day period, the Consultant will conduct individual or small group meetings with key
stakeholders, including staff, elected officials, property owners, business owners, residents and
those with an appreciation for the area's history. In addition, the consultant will conduct a
thorough site reconnaissance and photo -documentation.
1.4 Physical Conditions and Trends Overview
In this task series, the Consultant will document and diagram a comprehensive assessment of
physical and functional conditions focusing on the 14'h Street Corridor and Biscayne Boulevard
including the following:
1.4.1 Land Use Patterns: noting shifts in patterns of use, building and occupancy trends
and areas of obsolescence and property underutilization.
1.4.2 Urban Design Features: comprising defined landmarks, corridors, views,
architectural features, district edges, scale characteristics, etc.
1.4.3 Building Conditions: noting properties which are sound and those showing
evidence of minor deterioration or dilapidation.
1.4.4 Landscape Character: Noting patterns of vegetation, as well as related patterns of
drainage and topographic features.
1.4.5 Circulation: Including a comprehensive assessment of existing and potential
improvements to accommodate pedestrians, bicyclists, joggers and transit, as well
as vehicular traffic.
1.5 Historic Resources Assessment
The consultant will review existing available assessment and documentation of historic resources
within the study area including buildings and sites. As appropriate, eligibility for historic register
listing will be determined. In addition, architectural features will be evaluated, noting, in
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particular, improvements, which may detract from historic character. In addition, general
suitability for adaptive re -use will be determined based on readily observable exterior conditions.
1.6 Market Assessment
A baseline assessment of market potentials for the re -use of existing buildings and infill
development will be prepared in several steps.
First, a community -wide overview of demographic trends and economic indicators will indicate
the magnitude of future regional growth.
Second, the dynamics of supply and demand within the project site vicinity will be assessed,
looking at market potentials associated with the Performing Arts Center, the Media Industry and
"through traffic" along Biscayne Boulevard and NW 14"' Street.
Third, potential capture rates for housing, retail, office, service and entertainment uses will be
determined in general for the study area. Appropriate program options will then be crafted.
Finally, the ability of the market potentials to be accommodated within existing historic and infill
structures will be evaluated based on criteria such as necessary "foot print" size, renovation costs,
rent levels, etc.
1.7 Workshop One: Project Parameters
In the first public workshop, the consultant will present the findings from the physical, historic
and market analyses and guide the process of defining project parameters. As appropriate
separate review meetings will be held with CRA staff and with key stakeholder groups.
TASK TWO: CONCEPT DEVELOPMENT
2.1 Form and Design Concepts
In this task the consultant will explore alternative urban forms for the district, with variable
approaches to addressing building facades, setback, open space and parking requirements and
other factors. Approaches will explore methods to ensure the establishment and stability of an
arts oriented community, integration with proposed improvements within the adjacent SEOPW
CRA, current and proposed transportation improvements, and an open space framework
integrated with city-wide open space initiatives. Liberal use of graphic comparative depictions
will be made to aid in public comprehension of the related visual quality of the concepts posed.
2.2 Historic Preservation / Adaptive Re -use Concept Alternatives
In this task, concepts will be developed concerning the appropriate mix of new adaptive uses for
historic buildings as well as for infill development.
2.3 Greenway and Open Design Concepts
In this task, greenway and open space design concepts identified in the previous phase (Open
Space Master Plan) will be expanded. Alternative approaches and design elements will address a
broad array of variables including pedestrian/bicycle design criteria as well as landscape
enhancements, complementary activities, and a palette of amenities including lighting, seating,
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signage, etc. As appropriate key infrastructure constraints will be addressed conceptually along
with the potential future transit improvements. Implications of design alternatives concerning
capital and maintenance costs, aesthetics and "crime prevention through environmental design'
will be evaluated to aid in selecting preferred concepts.
2.4 Workshop Two: Concept Selection
In a second series of public and client workshops, the alternative concepts for urban
form/development standards for historic preservation and for greenway design will be presented
for the purpose of defining preferred concepts.
TASK THREE: FINAL REPORT
3.1 Draft Final Report
A draft final written report and accompanying graphic displays will be prepared to include the
following elements:
1. Illustrative Plan: A color -rendered plan will be prepared to conceptually depict the completed
revitalization as well as the urban form which will result from the development standards.
2. Design and Development Standards: Final recommended design and development guidelines
concerning building form, massing and character, streetscape, landscaping, site access, signage
and parking standards. As appropriate standards will be depicted in user-friendly, graphic
formats.
3. Historical Resources Master Plan: The Consultant will rely upon existing prior historical
inventories to produce the Historical Resources Master Plan. This plan element will comprise
four components:
• An evaluation of prototypical adaptive reuse opportunities of up to (6) six structures,
• A "program" for future mixed uses,
• Documentation of the source of market support to sustain such uses, and
• Demonstration of the economic feasibility of restoring and adapting the uses of historic and
infill structures.
4. Geeenway and Open Space Design Concept: Including plans, sections and perspective
renderings to depict the character of the greenway and openspace as a basis for determining likely
total project costs. Consultant shall rely upon input from City Engineer / Public Works and
concepts shall be considered to be conceptual and "pre -engineering" in nature.
3.2 Workshop Series Three: Plan Refinement
In the third workshop series, the draft plan will be presented and public and stakeholder input will
be used to guide plan refinements.
3.3 Final Report
Incorporating public input and client directive, a final report will be prepared for distribution.
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M
The above referenced Scope of Services shall be performed with input from the following sub -
consultants:
• An economic consultant (to be determined) for market and economic analyses
Wallace Roberts & Todd, LLC's fee for this task is $ 180,000.
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ITEM 2
rb
RESOLUTION NO. SEOPW/CRA R- 0 2- 1 2 6
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK
WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AMENDING
RESOLUTION SEOPW/CRA R-02-61 AND AUTHORIZING THE CRA EXECUTIVE DIRECTOR
TO PIGGY BACK OFF MIAMI-DADS COUNTY'S CONTRACT (A00 PARK-01) WITH
WALLACE ROBERTS & TODD (WRT) FOR LANDSCAPE ARCHITECTURAL PLANNING &
DESIGN SERVICES FOR AN AMOUNT GUARANTEED NOT TO EXCEED $500,000
RETROACTIVE TO MAY 1, 2001 SUBJECT TO THE AVAILABILITY OF FUNDS FROM
ACCOUNT NUMBERS 689001.550108.6.230 AND 689004.55001.6.270 AND FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE IMPLEMENTING CONTRACT
DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
ELIMINATING WRT AS THE GENERAL PLANNING CONSULTANT TO THE CRA.
WHEREAS, Wallace, Roberts and Todd is among the preeminent firms who have a
first class reputation for the performance of these services; and
WHEREAS, the Board hereby approves their retention, in this particular instance, by
the use of piggybacking off the existing contract between Miami- Dade County and WRT which
contract was awarded in compliance with the Consultant's Competitive Negotiation Act ("CCNA")
and other applicable laws; and
WHEREAS, the firm has expressed its willingness to be bound by all the limitations,
terms, conditions and provisions of the foregoing contract, which contract is deemed as being
incorporated by reference herein as if recited in full, along with such additional terms as may be in
the best interests of the CRA;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
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. Resolution SEOPW/CRA R-02-61 is hereby amended and the CRA
Executive Director is hereby authorized to piggyback off Miami -Dade County's contract (A00 Park-
01) with Wallace Roberts & Todd (WRT) for landscape architectural planning & design services
for an contract amount guaranteed not to exceed the sum of $500,000 retroactive to May 1, 2001
subject to the availability of funds from account numbers 689001.550108.6.230 and
689004.55001.6.270; further eliminating WRT as the General Planning Consultant to the CRA.
Section 3. The Executive Director is hereby authorized to execute implementing
contract documents that comply with the terms and conditions of the instant Resolution and the Miami -
Dade County contract referenced above. The contract documents will be in a form acceptable to CRA
staff .The contract documents, which will include supplemental hold harmless and cancellation for
convenience clauses, will be subject to approval as to form and legality by the General Counsel.
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Section 4. This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 91h day July 2002.
Priscilla A. Thompson
Clerk of the Board
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
General Counsel
Arthur E. Teele, Jr., Chairman
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Landscape Architecture professional Services Agreement
Table of Contents
Attachments
18.09.A.1)
Miami Dade County Disclosure Affidavit
18.09.A2)
Swoon Statement on Pubilc Entity Crimes
18.09-& 3)
Anneal Drag Free Workplace Afi1davit
18.09.A.4)
Disability Nondiscrltnlnation Affidavit
18.09.A.5)
Family Leave Plan Affidavit
1&09.A.6)
Fair Wage Affidavit
18.09.A.7)
Project Fresh Start Welfare -To -Work Idtlative
18.09.A.8)
CADD Drafting Standards
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2.02) Landscape Architectural Services
2.02A) Consultation
2.02.5) Conceptual and Preliminary Design Master Site Plans
2.02,C) A Final MaAer-Plan for Approval
2.02.D) Plan Derails for all Landscape Architectural Construction .
2.02.E) Grading and Drainage Plans, including Cut and Fill Calculations,
when requested
2.02X) Irrigation Plans
2,02.G) Planting Plans
2,02.1) Itemized Cost Estimates for any or all phases of the development
2.02.1) Construction Documents
2.02.J) Observation and Administration of Construction of the project
2.021Q held notes, Calculations and related materials for Roview 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
2.023M Prescntadon of the Approved Plan to the Umeral Public, including
Plan Reudetings, 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 arobitect.
2,03) Park Planning Services
2,03.A) Consultation and Policy Analysis
2.03.8) Recroation Needs Assessments to inoludo Demographic, Market and
Recreation Opportunity 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.D) Public Participation throw Surveys, Focus Groups. Public Meetings
and Planning Workshops
7,.03.E) Environmental Surveys, Audits and Impact Studies
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SECTION M-TIME FOR COMPLETION
3.01) The Services to be rendered by the LANDSCAPE ARCHITECT for each section
of the work shall commence upon receipt of a written Work Order from the
Director of the Park and Recreation Department subsequent to the cxeoution of
the Agreement and shall be completed within the time statcd in the Work Order.
3.02) A reasonable extension of tithe shall be granted in'theevent 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 IANDSCApF
ARCWMCrS duties impossible. Suoh•extension of fide -shall be granted only
upon written request by the LANDSCAPE ARCEMBCT 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 TV -COMPENSATION
4.01) Tice COUNTY agrees to pay and the LANDSCAPE ARCFE T'ECT agrees to
accept, for services rendered pursuant to this Agreement, fees and other"
oompensation computed iri accordance with one or a combination of the methods
ot�tliaed below:
4.01.4J Fee Pa. a Multiple of Direct Salary Cost and Fixed Hourly Rate
4.01.A.1) Tlie fee for Landscape Architectural services rendered by
the LANDSCAPE ARC U='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 multiplier of 2,85. This fee shall
constituto full payrimt to the LANDSCAPE ARCHITECT
for costs incurred in the pbrformanes of the work, such as
overhead, Singe bone$ts, operating -margin and all other
costs not covered by reimbursable wTmses.
4.01-U) The LANDSCAPE ARCMMCT shall be compensated at
the flat rate of S 100.00 per hour for the time of principals
engaged directly in lire work. This rate shall not be subject to
the negotiated multiplier and shall be applied to the time
sport on requested work by the following principal(s):
4.01.A.3) Overtime work considered necessary and authorized by the
Director of the Park arrd Recreation Department "shall be
compensated at time-and/a half of the rate established by
Subsection 4.01 A hereof for personnel.
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5,01.13) The amount of each invoice submitted shall be the amount due
for all services performed to data in connection with authorized
work, as certified by the LANDSCAPE ARCHITECT. Each
invoice should include any authorized reimbursable expenses
and must be referenced to the parriculat Work Order which
authorized the services performed.
SECTION W-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 services requested in connection with each trait or
section of work.
SECTION VH-RIGHT OF DECISIONS
7.01) All services shall be performed by the LANDSCAPE ARCEMCT 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 Agrwm=4 the prosecution and fulfillment of the
services hereunder and the character, quality, amount and value thereof The
Directors decisions upon all claims, questions and disputes shall be final,
conclusive and binding upon the parties unless such deterrnk4on is clearly
arbitrary or unreasonable. In the event the LANDSCAPE ARCHITECT 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 Pads and Recreation Director and the LANDSCAPE
ARCHTrECT 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.
SECTION VM—OVMRSHIP OF DOCUMENTS
8.01) All reports, trwings, plans, specifications, maps, contracts documents, and/or
other data developed by the LANDSCAPE ARCHIECT pursuant to this
Agreement shall become the property of the COUNTY without restrictions or
limitations upon their use and shall be 'made available by the LANDSCAPE
ARCHITECT at any time upon request by the COUNTY. Rouse of such data by
the COUNTY 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 Paris and Recreation Department
SECTION IX REUSE OF DOCUMEDMS
9.01) The LANDSCAPE ARCHITECT may reuse data from other sections or the work
included in this Agreement provided irrelevant material is deleted. The COUNTY
shall not accept any reused data eoatainiRg an excess of irrelevant material which
has no connection with the applicable portion of this work.
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SECTION XV-DURATION GEAGREEMM
15.01) This agreement 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 IV hereof.
SECTION M-DEFAULT
16.01) In the events, the LANDSCAPE ARCHITECT fails to comply with the provisions
of this Agreement, the COUNTY may declare the LANDS7'a4PE ARCHITECT in
default by written notification. In such event the LANDSCAPE ARCHITECT
shall only be compensated for any completed professional scrvioes. lbo
LANDSCAPE ARCHITECT shall not be compomated on a peroetitage 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 eompeasated by the
LANDSCAPE ARCHITECT for reasonable attoiney.s fee.
SECTION XVU MEMMMCATION AND INSURANCE,
INCLUDING ERRORS AND OMISIONS -
17.01) The LANDSCAPE ARC]3IIF,CT shall indemnify and save the COUNTY
harmless from any and all clams, liability, losses and causes of actions arising out
of any • willful or negligent act, error or omission of the LANDSCAPE
ARCI-IITECT. Incidental to the performance of the LANDSCAPE
ARCHITECTS professional services under this Agreement; and to the extant 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 arty attorney's fee incurred,
17.02) The LANDSCAPE ARCHITECT shall not commence any work pursuant to this
Agreement until insurance r¢quired under this Section has been obtained and such
inn►-ange has bears approved by tho COUNTY'S Risk Manager amA Division. The
LANDSCAPE ARMMCT shall maintain during the tern of his Agreement the
following insurance;
17.02.A) Automobile Liability Insurance covering all owned, non -owed 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.
17.02.8) Professional Liability Insurance (errors and omissions) in the amount of
$500,000 with deductible per claim, if any, not to exceed tetl peroent
(10%) of the limit of liability providing for all sums which the
LANDSCAPE ARCHITECT shall bbcome legally obligated to pay as
damages for claims performed by the LANDSCAPE ARCBJtECT or
any person employed by 'the LANDSCAPE ARCHITECT in
connection with this agreement,
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MOLE) Ordinance No. 90-143— Responsible Wages and Benefits
18.0i.F) Ordinance No. 91-142—Family Leave as Amended by Ordinarloe
No. 93-118
18.01-G) Ordinance No. 97-15--Drug-free Work place.
18.01-H) Ordinance No. 92-91 Family Leave as amended superseded by
93-118(FamilyLeave Act) and amended by Resolution R-183-00
18.01.1) Ordinance No. 93-136—Debarment, Exclusion from County
Contracting, Subcontracting, and BBE Certification for Individuals
and Entities Who Aid or Abet Attempts to Comply with Black
Business Enterprise Program through Fraud, Misrepresentation, or
Material Misstatement.
18.01.3) Ordinance No. 93-137 Penalties and Debarment of Contractors
Attempting to Meet Contractual Obligations with the County
Through Fraud, Misrepresentation or Material MrssM=enc.
18.0119 Ordinance No. 94-73—Value Analysis and Life -Cycle Costing
18,01.L) Ordinance No.94-94—'W'omeo's Businem Bntmprise ()"$)
18.01-M Ordinance 149.94-95--94ardo Business Entctpd5a (iiBE)
18.01.N) Ordinance No.94-96—Black Business Enterprise (BBE)
18.01.0) Ordinance No. 95-178—proposers 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. 98-124.
18.01-t) Ordinance No.97-67 Amending Chapter 1IA Prohibiting
Discrimination in Contracting, Procurement, Bonding, and
Financial Services
18.01.1) Ordinanoe No.97-172—Otdfrtanm amending Section 2-I0A
requiring owtam aunts for Professional Architectural and
Engineering Services to include Value Analysis as part of the
scope of services
18.01.8) Ordinance No, 97-215-- Inspector General
18.01a) Ordinance No_ 98-106—Cone of Silence
18.01.Q Ordinance No, 99-5—Domestic Violence Leavy
18.01 AV Ordinance No. 99-152-False Claim Ordinance
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18.02.B) A Statement of Financial Interests
18,02,C) A copy of the Consultant's current federal income tax return
18.03) 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
Executive Director, Art in Public Places Program, to develop a concept for art
appropriate to the Project, and with the Pzufesbional Advisory Committee as
to the type(s) of art; locatiou(s) and possible artists(s). The final choice of the
arrist(s) will be made by the Art in Public Places Trust, upon recommendation
of the Professional Advisory Committee. The Consultant shall also consult
with the artist(s) during the development of anwork(s) and make provision for
and coordinate the installation of the work(s) of art with the Contractor if
anchorage, special lighting or plumbing connections are required, and shall
ir4ed the completed lastallation(s).
18,04) Affirmative Action
18.04A) The Consultant's Affirmative Action Plan submitted pursuant to
Ordinance 82-37, as approved by the Departuueat of Business and
Economic Development and any approved update thereof, are
hettby incorporated as contractual obligations of the Consultant to
Miami -Dade County hereunder. The Consultant shall undertake
and perform the affirmative actions specified herein. The Director
may declare the Consultant in default of this agreement fur 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 Count,/s DcyW meat of
Business and Economic Development (ABED), quarterly reports
due on or before the fiffftnth (15th) day of the mouths of April,
July, October, and January, repomng 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
18.0S.A) (Resolution No. 113-94). The quarterly reports shall spc fy the
amormts 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 ehall
sign the report(s), verifying the participation of the minority film
in the contract Work and receipt of tho 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, Maori, Florida 33128-1975, in the formats attached hereto
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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, memorand,26 instruction, financial documents
ooastruction documents, proposal and contract documents, back
charge documents, all documents and records which involve cash,
trade or volumo discounts, insurance proceeds, rebates, or
dividends received, payroll and personnel records, and supporting
documeatation for the aforesaid documents and rwm*.
18.07.D) The provisions in this section shall apply to the Consultant, its
officers, agents, employees, subcontractors, and suppliers. The
Consultant shall incorporate the provisions in this section in all
subcontracts mid all other agreements executed by the Consultant
in connection with the perforunanee 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 conAmcd to
impose any liability on the County by the Consultant or third
parties.
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 purnhase of goods and services 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 S500,000 or more, shall contribute to Project Fresh
Start, the County's Welfirr-To-Work Initiative, based on the
following scale:
18.MR) If the entity has a contract with the County that results in actual
payment of an amount between:
18.08.B.1) $500,000 to $1,000,000 then that eatity Shall
contribute $5,000,
18.08.B.2) $1,000,001 and $5,000,000 then that entity shall
contribute $10,000,
18,08.B,3) $5,000,001 and $10,000,000 then that entity shall
ocatributo $20,000,
18.08-B.4) $10,000,001, and over thou that entity shall
contribute $25,000,
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18.99.A_7) Project Fresh Start Welfare -To -Work Initiative
18.09.A.8) CARD Draging Standards
18.1o) This Agreement shall be governed by the Laws of the State of Florida and
may be enforced in court of competent jurisdiction in Miami -Dade County.
SECTION M — CERTIFICATION OF WAGES RATES
19.01) In accordance with Florida Statute 2-87.055, the LANDSCAPE ARCH=T
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 exchlde any significant costs wherein
the COUNTY shall detarnline that the pike of services was increased due to
inaccurate, incomplete or unclear wage rates or other factual unit costs. All
such compensation adjustments shall be trade within three (3) years from the
data of final billing or aocaptmec of the work by the COUNTY, whichever is
la er.
20.01) The LANDSCAPE ARC HnICTS Affirmative Action Plan, submitted pursuant
to Ordinance 82-37, as approved on October 30, 1991 by the Department of
Business and Economic Development and any approved update thereof, are
hereby incorporated m contractual obligations of the County hereunder. The
LANDSCAPE ARCHITECT shall undertake and perform the aTinnative action
specified herain. The Direcmr may declare the LANDSCAPE ARCHITECT in
dfcfm& of this Agmemom for failure of the LANDSCAPE ARCMCTECT to comply with the
regdhvmcav of this paragraph.
SECTION 7C'Xi— 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 reference to the subject matter hereof that are not merged heroine and
superseded hereby. No alteration, change, or modification of the terms of ties
A 9=mwd shall be valid tmloss made in writing signed by both panties hereto,
and approved by the Board of County Commissioners,
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MIAMT-DARE CONTY, FLORIDA
Approved as to Insurance Requirements: Approved as to Form and Legal Sufficiency:
Risk Malsagetnent Division 7 �! Assistant aua Attorncy
IN WITNESS WEEMOF the saidMUMI-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 hereto, as exeouted and attested by the undersigned this day and
year f= above written.
A7 MT: FOR
BOARD OF COUNTY COMMISSIONERS
bV' �`s�M AMI DADE COUNTY, FLORIDA
i•� boot O
/ Y
STEVE SHIVER
e 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 Promment Management
One Original to Project File
cc: Project Manager
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ITEM 2
RESOLUTION NO. OMNUCRA R- 02- 58
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY
REDEVELOPMENT AGENCY (CRA) AMENDING RESOLUTION OMNUCRA R-02- AND
AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO PIGGY BACK OFF MIAMI-DADS
COUNTY' S CONTRACT (A00 PARK-01) WITH WALLACE ROBERTS & TODD (WRT) FOR
LANDSCAPE ARCHITECTURAL PLANNING & DESIGN SERVICES FOR AN AMOUNT
GUARANTEED NOT TO EXCEED $500,000 RETROACTIVE TO MAY 1, 2001 SUBJECT TO
THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBERS 689001.550108.270 AND
686001.590320.6.230 AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE IMPLEMENTING CONTRACT DOCUMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY; FURTHER ELIMINATING WRT AS THE GENERAL PLANNING
CONSULTANT TO THE CRA.
WHEREAS, Wallace, Roberts and Todd is among the preeminent firms who have a
first class reputation for the performance of these services; and
WHEREAS, the Board hereby approves their retention, in this particular instance, by
the use of piggybacking off the existing contract between Miami- Dade County and WRT which
contract was awarded in compliance with the Consultant's Competitive Negotiation Act ("CCNA")
and other applicable laws; and
WHEREAS, the firm has expressed its willingness to be bound by all the limitations,
terms, conditions and provisions of the foregoing contract, which contract is deemed as being
incorporated by reference herein as if recited in full, along with such additional terms as may be in
the best interests of the CRA;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
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. Resolution OMNUCRA R-02- is hereby amended and the CRA
Executive Director is hereby authorized to piggyback off Miami -Dade County's contract (A00 Park-
01) with Wallace Roberts & Todd (WRT) for landscape architectural planning & design services
for an contract amount guaranteed not to exceed the sum of $500,000 retroactive to May 1, 2001
subject to the availability of funds from account numbers 689001.550108.270 and
686001.590320.6.230; further eliminating WRT as the General Planning Consultant to the CRA.
Section 3. The Executive Director is hereby authorized to execute implementing
contract documents that comply with the terms and conditions of the instant Resolution and the Miami -
Dade County contract referenced above. The contract documents will be in a form acceptable to CRA
staff .The contract documents, which will include supplemental hold harmless and cancellation for
convenience clauses, will be subject to approval as to form and legality by the General Counsel.
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Section 4. This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 91h day July 2002.
Arthur E. Teele, Jr., Chairman
Priscilla A. Thompson
Clerk of the Board
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
General Counsel
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Landscape .Architecture professional Services Agreement
Table of Contents
Attachments
18.09.A.1)
Miami Dade County Disclosure Affidavit
18.09.A,2)
sworn Statement on Public Entity Crimes
18.09J 3)
Amual Drag Fm Workplace Affidavit
18.09—k4)
Disability Xvndiscritnlaation Affidavit
18.09.A.5)
Family Leave Plan Affidavit
18.09.A.67
Fair Wage Affidavit
18.09.A.9)
Project Fresh Start Welfare -To -Work Intlative
18.09_A8)
CADD Drafting Standards
Pago 2 of 2
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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 all Landscape Architectural Construction ,
2.02.8)
Grading and Drainage Plans, including Cut and Fill Calculations,
when requested,
2.02-)
Irrigation Plans
Z,02.G)
Planting Flans
2,02.I)
Itemized Cost Estimates for any or all phases of the development
2.02.1)
Construction Documents
2.02.)
Observation and Administration of Construetion of the project
2.02X)
held 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 Reudwings, Sketches or other related materials which may be
necessary for effective presentation.
2.02.1):
Any other type of professional service customarily provided by a
landaoape architect.
2,03) Park PI=6"g Services
2,03.A)
Consultation and Polioy Analysis
2.03.8)
Recreation Needs Assessments to inolude Demographic, Market and
Recreation Opportunity Analysis of Project Areas
2.03.C)
Park Site Acquisition and Development Assessment to include
Opportunity Analysis, Use Restrictions, Market Value, and
infiastructure and Mitigation Requirements
2.03.D)
Public Participation through Surveys, Focus Groups. Public Meetings
and Planning Workshops
2.03.E)
Environmental Surveys, Audits and Impact Studies
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SECTION M-1TYJ1E FOR COMPLETION
3.01) The Smvices to be rendered by the LANDSCAPE ARCHITECT for each section
of the work shall commence upon receipt of a written Work Order from the
Director of the park and Recreation Department subsequent to the eCeoution of
the Agreement and shall be completed within the time stated in the Work Order.
3.02) A reasonable extension of time shall be granted in the event there is a delay on the
part of dle COUNTY in fulfilling its part of the Agreement or should weather
conditions or acts of God render pwformanoe of the LANDSCAPE
ARCHITECT'S duties impossible. Suoh•extension of tine -shall be granted only
upon written request by the LANDSCAPE AP CE T ZT 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 rK-COMPENSATION
4.01) The COUNTY agrees to pay and the LANDSCAPE ARCFMS.Cr agrees to
aaccA for services rendered pursuant to this Agreement, fees and other
oompensation computed in accordance with one or a combination of the methods
outlined bolow;
4.01A Fee As a Multiple of Direct Salaxy Cost and Fired Hourly Rate
4.01.A.1) The fee for Landscape Architectmal services rendered by
the LAN DSCAPB ARCHITBCT'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 personeel engaged directly in the work;
tames a negotiated multiplier of 2,85. This fee shall
constltuto full payment to the LANDSCAPE ARCMTECT
for costs incurred in the performance of the work, such as
overhead, fringe bsn4ts, operating margin and all other
costs not covered by reimbursable expenses.
4.01.AZ) The LANDSCAPE ARCIHTECT shall be compensated at
the flat rate of S 100.00 per hour for the time of principals
engaged directly in the work. This rate shall not be object to
the negotiated multiplier and shall be applied to the time
spout 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 timo-and/a-half of tbo rate established by
Subsection 4.01 A hereof for personnel.
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5.01.B) The amount of each invoice 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 reimbursable expenses
and must be referenced to the particular Work Order which
authorized the services performed.
SECTION W-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 services requested in connection with each unit or
section of work.
SECTION YII-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 fulfillment of the
services hereunder and the character, quality, amount and value thereof. The
Diroctor's decisions upon all claims, questions and disputes shall be final,
conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonable. In the event the LANDSCAPE ARCHITECT does not
concur with the decisions of the Director of the Paris 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.
SI ON'VM --OWNERSHIP OF DOCUMENTS
8.01) All reports, tracings, plaits, specifications, maps, contracts documents, and/or
other data developed by the LANDSCAPE ARCHTECT pursuant to this
Agreement shall become the property of the COUNTY without restrictions or
1haitations upon their use and shall be 'made available by the LANDSCAPE
ARCHITECT at any time upon request by the COUNTY. Reuse of such data by
the COUNTY for 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 Paris and Recreation Department
SECTION IX REUSE OF DOCUMNTS
9.01) The LANDSCAPE ARCHITECT may reuse data from other sections of the work
included in this Agrecmwt provided irrelevant material is deleted. The COUNTY
shall not accept any reased data containing an excess of irrelevant material which
has no connection with the applicable portion of this work.
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SECTIONXV-DL1 ATIONOFAGREEMENT
15.01) This agreement shall remain in full force and effect for a period of three (3) years
after its date of exertion 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 IV hereof.
SECTION X'S'I DEFAULT
16.01) In the events, the LANDSCAPE ARCHITECT fails to comply with the provisions
of this Agreement, the COUNTY may declare the LANDSWE ARCarmcT 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 peroenlage of the
professional services which have been performad 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 ARCEMCT for reasonable attomey's fee.
'SECTION=1"EMNMCATION AND INSURANCE,
ANCLUDING ERRORS AND OMISIONS
17.01) The LANDSCAPB ARC MECT shall indemnify and save the COUNTY
harmless from any and all claim liability, losses and causes of actions arising out
of any - willful or negligent act, error or omission of the LANDSCAPE
ARC ML-f. Incidental to the performance of the LANDSCAPE
ARCHIen TECTS 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 ARCHITECT shall not commence any work pursuant to this
Agreement until insurance required under this Section has been obtained and such
insurance has been approvod by the COUNTX'S Risk Management Division. The
LANDSCAPE ARCHITECT &hall maintain during the team of his Agreement the
following insurance;
17.02.A.) Automobile Liability Instuailce covering all owned, non -Droved and
hired vehicles used in connection with the work in an amotmt 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
$500,000 with deductible per claim, if any, not to exceed tell percent
(10%) of the llrnit of 'liability providing for all sums which the
LANDSCAPE ARCHITECT shall bbcome legally obligated to pay as
damages for claims performed by the LANDSCAPE ARCHItECT or
any person employed by 'the LANDSCAPE ARCHrMCT in
connection with this agreement.
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18-01.E) Ordinance No. 90-143— Respansible Wages and Benefits
18-01.Fj Ordinance No. 91-142 Family Leave as Amended by Ordinance
No. 93-118
18.01.G) Ordinance No. 92-15--Drug-$ee Work place.
18.01.H) Ordinance No. 92-91 Family Leave as amended superseded by
93-1 18(FamilyLeave Act) and amended byResolution R-183-00
18.01.1) Ordinance No. 93-136—Debannent, Exclusion from County
Contracting, Subcontracting, and BBE Certification for Individuals
and Entities Who Aid or Abet Attempts to Comply with Black
Business Enterprise Program through Fraud, Misrepresentation, or
Mateial Misstatement. .
18.01-3) Ordinance No. 93-137Fenaldes and Dcbarmont of Contractors
Attempting to Meet Contractual Obligations with the County
Through Fraud, Misrepresentation or Material Misstatement.
18.01JQ Ordinance No. 94-73—Value Analysis and Lifc-Cycle Costing
18.01-L) Ordinance No.94-94—Womeo's Business Butetprise ("E)
18.01.M) Ordinance No.94-95—Mspan6c Business Enterprise (HBE)
18.01.1) Ordinance No.94-9"iack Business Enterprise (BEQ
18.01.0) Ordinance No. 95-178—Proposcm are to verify that all delinquent
and currently due fees or taxes have been paid as a condition of a
war
18.014) Ordinance No. 97-35---Fair Subcontracting Practices as Amended
by Ordinance No. 98-124,
Ordinance N6.97-67 Amending Chapter I1A Prohibiting
Discrimination in Contracting, Procurement, Bonding, and
Financial Services
18.v1.1� Ordinance No.97-172—Ordinance ammilinlg Section 2-I0A
requiring certain agreements for Professional Architectural and
Engineering Services to include Value Analysis as part of the
scope of services
18.O1.S) Ordinance No. 97-215-- Inspector General
18.01.1) Ordinance No. 98.106—Cone of Silence
18.01-U) Ordinance No. 99-5—Domestic Violence Leave
18.01.V) Ordinance No. 99.152--false Claim Ordinance
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18.02.B) A Statement of Financial Interests
18,02,C) A copy of the Consultant's current federal income tax return
18.03) If Ordinance No.82-112 regarding Ait in Public Places is applicable to the
project, the Consultant shall as part of his/her Basic Services, confer with the
Executive Director, Art In Public Places Program, to develop a concept for art
appropriate to the Project, and with the Pjufessiorial Advisory Committee as
to the type(s) of art; locations) and possible artists(s). The final choice of the
artist(s) will be made by the Art in Public Places Best, upon recommendation
of the Professional Advisory Committee. The Consultant shall also consult
with the artist(s) during the development of artwork(c) and make provision for
and coordinate the installation of the works) of art with the Contractor if
anchorage, special lighting or plumbing connections are required, and shall
irisped the completed iastallation(s).
1s,04) Affirmative Action
M04.A) The Consultant's Affirmative Action Plan submitted pursuant to
Ordinance 82-37, as approved by the Departmeat of Business and
Economic Dcvclopmeut and any approved update thereof, arc
htavby incorporated as contractual obligations of the Consultant to
Miami -Dade County hereunder. The Consultant shall undertake
and perform the affirmative actions specified herein. 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.o5) Minority Utilizaticn 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 (DBED), quarterly reports
due on or before the fifteenth (151h) day of the mouths 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
18.05.A) (Resolution No. 113-94). Thee 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 firm
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
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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, mcmoranda, instruction, financial documents
construction documents, proposal and contract documents, back
charge documents, all docuzneats and records which involve cash,
trade 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, employees, subcontractors, 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 wastrued to
impose any liability on the County by the Consultant or tbird
parties.
18.08) PROJECT FRESH START
18.08A) '7n 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 services 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 mote, eball conm'bute to Project Fresh
Start, the County's Welfare -To -Work Utiativc, based on the
following scale:
18.08:13) If the entity has a contract with the County that results in actual
payment of an amount between:
18,0&&1) $500,000 to $1,000,000 then that entity Shall
contri-bute $5,000,
18.08.B.2) $1,000,001 and $5,000,000 then that entity shall
contnbute S 10,000,
18,08.B.3) $5,000,001 and $10,000,000 then that entity shall
contrlbuto $20,000,
18.08.B.4) $10,000,001, and over then that entity shall
contribute $25,000,
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18.09.A_7) Project Fresh Start Welfare -To -Work Initiative
18.09.A.8) CARD Drafting Standards
18.10) This Agreement shall be governed by the Laws of the State of Florida and
may be enforced in court of competeut jurisdiction in Miami -Dade County.
SECTION M — CERTIFICATION OF WAGES RATES
19.01) In accordance with Florida Statute 287.055, the LANDSCAPE ARCHMCT
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 2s of the date of this Agreement. It is f 1her 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 adjustment; shall be wade within three (3) years from the
date of final billing or acceptance of the work by the COUNTY, whichever is
lacer.
20.01) The LANDSCAPE ARCHITECTS Affirmadve Action Plan, submitted pursuant
to Ordinance 82-37, as approved on October 30, 1991 by the Depument of
Business and Economic Development and any approved update thecrot are
hereby incorporated as contractual obligations of the County hereunder. The
LANDSCAPE ARCHITECT shall undertake and perform the affirmative action
specified heroin. The Director may deolare the LANDSCAPE ARCHITECT in
debult of this Agme== for failure of rho LAIMSCAPS ARrMCMCT to comply with the
rcgaaemcnU of this pamgcaph.
SECTION M — ENTIRETY OF AGREEMENT
21.01)TWs writing embodies the entire agreement and understanding between the
parties hereto and there are no other agreements and understandings, oval or
written, with reference to the subj ect matter hereof that are not merged herein and
superseded hereby. No alteration, change, or modification of the tm= of this
Agrecmtxd shall be valid ulnas made in writing signed by both parties herdo,
and approved by the Board of County Commissioners.
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NIIAMT-DARE CONTY, FLORIDA
Approved as to Insurance Requirements: Approved as to Form and Legal Suff ciency:
Risk Management Division] ,31 Assistant touaWAttorney
IN WMMSS WHMOF the said MIAMI-DADS 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 hereto, as exeouted and attested by the undersigned this day and
year fast above written,
ATTEST: FOR
••-.• BOARD OF COUNTY COMb(ISSIONERS
b� "� ��a, : NUAMI DARE COUNTY, FLORIDA
� b►�e••. O`.
y � i
f ST EVE SB ER
e 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
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EXHIBIT B
SCHEDULE OF PAYMENTS
PHASE I: ON -GOING LANDSCAPE ARCHITECTURAL PLANNING AND
DESIGN SERVICES
$64,000
PHASE 2: OPEN SPACE MASTER PLAN FOR SEOPW AND OMNI CRA
$125,000
PHASE 3: OMNI CRA MASTER PLAN
$180,000
SEOPW / CRA
02- 126
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EXHIBIT C
SCHEDULE OF COMPLETION DATES
PHASE]: ON -GOING LANDSCAPE ARCHITECTURAL PLANNING AND
DESIGN SERVICES
Task One: FY2002 Budget
September 2002
Task Two: Overtown Town Hall Meeting
TBD
Task Three: On -going input into current CRA projects and programs
December 2002
Task Four: Club District Streetscape Master Plan
September 2002
PHASE 2: OPEN SPACE MASTER PLAN FOR SEOPW AND OMNI CRA
Task One: Defining Proiect Parameters
TBD
Task Two: Defining Concepts
TBD
Task Three: Documentation
TBD
PHASE 3: OMNI CRA MASTER PLAN
Task One: Defining Proiect Parameters
TBD
Task Two: Defining Concepts
TBD
Task Three: Documentation
TBD
SEOPWICRA ®mmICRA
02- 126 02- 58
I
INSURED
COMPANY LETTERB ZC INSURANCE COMPANY
WALLACE ROBERTS & TODD,
............................................................................................................................................................
ETTERNY C CONTINENTAL CASUALTY COMPANY
L.L.C.
...................................................................................................................................................................
260 SOUTH BROAD ST, 8TH FL
COMPANY
LETTER
PHILADELPHIA, PA 19102
...........................................................................................................................................................
COMPANY
E
LETTER
.........................:..:::::::...........:...............:.::..............................:..:::::....:......................................:..:::::................................:::::::::.....................
::.:.......................................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
PERIOD
THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
7
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
.. ...... .................................................................................................................................
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO : TYPE OF INSURANCE POLICY NUMBER
..TA
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY
GENE
GENERAL AGGREGATE
$
2,000,000
�( COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGGR.
$
1,000,000
CLAIMS MADE OCCUR.
............... X
A LJ660189K63501
................................
PERSONAL & ADV. INJURY
07/18/01 07/18/02
$ ........
...
1,000,000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
$
1 000 000
FIRE DAMAGE (Airy one fire...........$............
250,000
MED. EXPENSE (Any one person)
$
5,000
AUTOMOBILE LIABILITY
X ANY AUTO
COMBINED SINGLE
LIMIT
$
1,000,000
ALL OWNED AUTOS
............ .................... .........................................................
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
A ....X... HIRED AUTOS LJ810189K321601
07/18/01 07/18/02 ... .........................................
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
GARAGE LIABILITY
..........................................................................
PROPERTY DAMAGE
$
EXCESS LIABILITY
EACH OCCURENCE
$
5,000,000
A : X :UMBRELLA FORM LSMJCUP189K6361
07/18/01 07/18/02 ? AGGREGATE
$
5,000,000
OTHER THAN UMBRELLA FORM
::.. ....:.:::
WORKER'S COMPENSATION
X STATUTORY LIMITS
B : AND 197000017563101
..........
01/01/02 01/01/03 EACH ACCIDENT
$
500 000
EMPLOYERS' LIABILITY
DISEASE -POLICY LIMIT
.................................................................................
$
500 000 ..
DISEASE -EACH EMPLOYEE
$
500,000
OTHER
C PROFESSIONAL AEN 4313082
07/18/99 07/18/02 LIMIT AGGR
1,000,000
LIABILITY
CLAIM DED.
25,000
IESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
WALLACE ROBERTS & TODD,
L.L.C.
191 GIRALDA AVENUE SEOPW/CRA
CORAL GABLES, FL 331340 2 _ 12
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL .10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED " TIVE
(V _ -� 02-