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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 SEOPWICRA 02- 126 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. Page 2 of 3 SEOP /CRA 2- 126 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 SEOPW/CRA 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 SEOPW/CRA ONNTT/M- 02- 126 02- 58 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 SEOPW/CRA ® /Clz * 02- 126 02- 58 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. SEOPW/CRA 0�2 /C � � 02- 126 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 SEOPW/CRA O/CRA 02- 126 02- 58 • 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 SEOPW/CRA OMT/CRA 02- 126 02- 58 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, SEOPW/CRA CUM/CRA 02- 126 02- 58 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. SEOPW/CRA O/CRA 02- 126 02 - 58 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. SiCPW/CRA OWdI/CRA0 2 _ 518 02- 126 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. SEOPW/CRA OMNI/CRA 02- 126 02- 58 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 SEOPW/CRA Old/CRA 0 126 02- 58 04/12/2002 15:43 FAX 3053724646 41902/U ; APR-11-2002 15:01 WRLLPCE ROBERTS S TODD, 30S 443 e431 F.02 SEE YY /CRA' OMW/CRA 02- 126 02- 58 04/12/20 RI 15:43 FAX 3053724046 o-. ad APR-11-2002 15:01 WRL.LACE ROSERTS & TODD# 305 443 8431 P.04 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 Page 2 of 2 SEOPW/CRA c vmIT 5 02- 126 02- 04/12/2002 FRI 15:43 FAX 3053724646 00B/022 RPR-11-2oe2 15:01 WRLLRCE ROBERTS 8 TODD, 305 443 8431 P.06 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 2of18 t l . . M n SEOPW / CRA 02- 126 13 04/12/2002 FRI 15:44 FAX 3053724646 APR-11-2002 15:01 WRLLACE ROBERTS & TODDY 30S 443 E3431 P•M 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. 4of18 ONITC/CRA SEOPW/CRA d 2 " 58 02- 126 10 04/12/2002 FRI 15:44 FAX 3053724646 RPR-11-2002 1S:02 WALLACE ROBERTS & TODDY Q010/022 305 443 8431 P.10 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. 6of18 ®M�U /C SEOPW/CRA 0 2 — S 02- 126 04/12/2002 FRI 15:44 FAX 3053724646 90121022 APR-11-2002 15--02 WP.LACE ROBERTS 8 TODD. 30S 443 8431 p.12 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 $500,000 with deductible per claim, if any, not to exceed tetl peroent (10%) of the limit of liability providing for all sums which the LANDSCAPE ARCHITECT shall bbcome legally obligated to pay as damages for claims performed by the LANDSCAPE ARCBJtECT or any person employed by 'the LANDSCAPE ARCHITECT in connection with this agreement, 8of18 SEOPW/CRA OMNT/CR.A 02- 126 02- 58 04/12/2002 FRI 15:45 FAX 3053724646 � P14/022 APR-11-2002 15.02 WRLLPCE ROBERTS & TODD, 305 443 8431 P-14 MOLE) Ordinance No. 90-143— Responsible Wages and Benefits 18.0i.F) Ordinance No. 91-142—Family Leave as Amended by Ordinarloe No. 93-118 18.01-G) Ordinance No. 97-15--Drug-free Work place. 18.01-H) Ordinance No. 92-91 Family Leave as amended superseded by 93-118(FamilyLeave Act) and amended by Resolution R-183-00 18.01.1) Ordinance No. 93-136—Debarment, Exclusion from County Contracting, Subcontracting, and BBE Certification for Individuals and Entities Who Aid or Abet Attempts to Comply with Black Business Enterprise Program through Fraud, Misrepresentation, or Material Misstatement. 18.01.3) Ordinance No. 93-137 Penalties and Debarment of Contractors Attempting to Meet Contractual Obligations with the County Through Fraud, Misrepresentation or Material MrssM=enc. 18.0119 Ordinance No. 94-73—Value Analysis and Life -Cycle Costing 18,01.L) Ordinance No.94-94—'W'omeo's Businem Bntmprise ()"$) 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 10 of 18 SE®PW/CRA OMNTICRA 02- 126 02- 58 04/12/2002 FRI 15:45 FAX 3053724646 lIR,ZZ R R-11-2002 15-03 WFiLLACE FZQBERTS & TODD, 305 443 e431 P.16 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 12 of 18 bM T/ORA SEOPW/CRA 0 2 _ 58 62® 126 04/12/2002 FRI 15:45 FAX 3053724646 PPR-11-2oe2 15:03 4RLLRCE ROBERTS & TODD, 305 443 F3431 P-18 18.07.C) original estimate files, change order estimate files, worksheets, proposals and . agreements from and with successful and unsuccessful subcontractors and suppliers, all Project -related correspondence, 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, 14 of 18 SECPW/CRA WAM/CRA 02- 126 02 04/12/2002 FRI 15:45 FAX 3053724646 APR-11-2002 15=03 WRUACE ROBERTS 8 TODD, 14A20/022 305 443 8431 P.20 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, 16 of 18 0MIM/CE.A 02- 58 SEOPW/C' 02- 126 m 04/12/2002 FRI 15:46 FAX 3053724646 16022/022 RPR-11-2002 15:e3 WRLLRCE ROBERTS & TODD, 305 443 8431 P.22 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 18 of 18 TOTAL P.22 SEOPW/CRA� ON1IdIJC ;Ag 02- 126 02 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. SEOPW/CRA 0WTi/CRA 02- 126 02- 58 M 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 SEOPW/CRA OMNI/CRA 02- 126 02- 58 04/12/200Z 15:43 FAX 3053724646 W1802/U&Z RPR-11-2 kl 15 01 WRLLACE ROBERTS & 7ODD `" 305 443 8431 P. omwim 02- 12SEOPW/C�6 02- 58 04/12/20' QI 15:43 FAX 3053724646994iC APR-11- OW 15.01 WRLLACE ROBERTS & TOM 305 443 B431 P.04 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 SEOPW/CRA' 0MW/cR'k 02- 126 02-- 58 .. of 04/12/2002 FRI 15:43 FAX 3053724640 008/022 RPR-11-2002 15:01 WALLACE ROBERTS 8 TODD, 305 443 8431 P.06 2.02) Landscape Architectural Services 2.02A) Consultation 2.02.E) Conceptual and Preliminary Design Master Site Plans 2.02,C) A Final Master -Plan for Approval 2.02.D) Plan Details for 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 2of18 -I Q 714 SE®PW/CRA 02- 126 02- 58 MI 04/12/2002 FRI 15:44 FAX 3053724646 10 . #/ 0..24 RPR-11-2002 iS:01 WrLLACE ROBERTS & TODD, 3C15 443 6431 P,08 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. 4of18 OIViWCRA SEOPW/CRA 0 2 _ 58 02- 126 1; - - 04/12/2002 FRI 15:44 FAX 3053724646 NPR-11-2002 15,02 WALLACE RODCRT5 & TODDY 1@010/022 305 443 8431 P.10 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. 6of18 SEOPW/CRA 0 - 126 ®TT/c 0200 - ,.> MM 04/12/2002 FRI 15:44 FAX 3053724646 (in 012/022 APR-11-2002 15!02 WALLACE ROBERTS & TODDY 30S 443 8431 P_12 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 $500,000 with deductible per claim, if any, not to exceed tell percent (10%) of the llrnit of 'liability providing for all sums which the LANDSCAPE ARCHITECT shall bbcome legally obligated to pay as damages for claims performed by the LANDSCAPE ARCHItECT or any person employed by 'the LANDSCAPE ARCHrMCT in connection with this agreement. 8of18 OIl MICRA SE®PW/CRA 0 2 - 58 02- 126 04/12/2002 FRI 15:45 FAX 3053724646 Q P14/022 APR-11-2002 15:02 WgLLPCE ROBERTS & TODD, 305 443 8431 P.14 18-01.E) Ordinance No. 90-143— Respansible Wages and Benefits 18-01.Fj Ordinance No. 91-142 Family Leave as Amended by Ordinance No. 93-118 18.01.G) Ordinance No. 92-15--Drug-$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 10 of 18 SEOPW/CRA 02- 126 O/CRA 02- 58 04/12/2002 FRI 15:45 FAX 3053724646 14miq,u RPR-ii-2ew iS:W WALLRCE ROBERTS & TODD, 305 443 s431 P.16 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 12 of 18 0M.M/CRA F 0PWi 0 2- 58 02- 126 04/12/2002 FRI 15:45 FAX 3053724646 Waa/022 PPR-11-2002 15*03 wRLLRCE ROBERTS & TODD, 305 443 F3431 P.18 18.07.C) original estimate files, change order estimate files, worksheets, proposals and . agreements from and with successful and unsuccessful subcontractors and suppliers, all Project -related correspondence, 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, 14 of 18 SEOPW/CRA: 0 2 - 126 OMW/CRA 02- 58 0 04/12/2002 FRI 15:45 FAX 3053724646 RPR-11-2002 15:03 UJJ- --E ROBERTS 8 TODD. i4A20/022 305 443 8431 P.20 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. 16 of I8 ®/CRA SEOPW/CRA 0 2 - 58 02- 126 04/12/2002 FRI 15:46 FAX 3053724646 [?) 022/022 APR-11-2002 15=03 WALLRCE ROBERTS & TODD, 305 443 8431 P.22 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 is of 18 TnTAL P.22 CAANTUCRA SEOPwiCRA 0 2 - 58 02- 126 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 OMNI/CRA 02- 58 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-