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HomeMy WebLinkAboutSEOPW-CRA-R-03-0099ITEM 7 12/08/03 RESOLUTION NO. SEOPW/CRA R- "J 3- 99 OMNI/CRA R- 9 3 - 6 8 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAS") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, TO THE CRAS' CONTRACT FOR GENERAL ENGINEERING SERVICES WITH H.J. ROSS ASSOCIATES, INC. TO INCREASE THE AMOUNT OF THE CONTRACT BY $100,000.00; $75,000 TO BE ALLOCATED FROM SEOPW TIF ACCOUNT CODE NO. 689001.550108.6.270 AND $25,000 FROM OMNI TIF ACCOUNT CODE NO. 686001.590320.6.270. WHEREAS, the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies ("CRAs") are responsible for carrying out community redevelopment activities and projects in their respective redevelopment areas; and WHEREAS, the CRAs require consulting engineering services to carry out these activities and projects; and WHEREAS, by Resolution Nos. SEOPW/CRA R-02-107 and OMNI/CRA R-02-44, both passed and adopted on June 13, 2002, the Boards of Directors authorized the Executive Director to execute a contract for general engineering services in OMM/CRA SEOPW/CRA Page 1 of 3 9 3 -- 68 3- 99 the amount of $600,000.00 by piggy backing on the City of Miami's $700,000.00 contract with H.J. Ross Associates, Inc.; and WHEREAS, the CRAB have ongoing projects that require additional services from this provider but are approaching the funding limit of the contract; and WHEREAS, the CRAB desire to amend the contract to piggy back on the full contract amount of $700,000.00 so as to continue to receive the services of H.J. Ross Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE BOARDS OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The CRAB' Executive Director is authorized to execute an amendment, in a form acceptable to General Counsel, increasing the amount of the contract for general engineering services with H.J. Ross Associates, Inc. by $100,000.00 for a new total contract amount of $700,000.00. Page 2 of 3 1 � S 9PW�CRA 3 9 Section 3. Funds are to be allocated as follows: $75,000 to be allocated from SEOPW TIF Account Code No. 689001.550108.6.270; $25,000 to be allocated from OMNI TIF Account Code No. 686001.590320.6.270. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of December, 2003. 45Z hAz 4nnew. %Peo-00 — ARTHTJR E. TEELE, JR., THAIRMAN ATTEST: ? A' 22 PRISCILLA A. HOMPSON CLERK OF THE BOARD APPROVF0 AS,JfiO FORM AND CORRECTNESS: AL�J e VILARELLO GE L COUNSEL JHV:zl ONM/CRA SE0-P V/CRA Page 3 of 3 93-- 68 i 3 — S9 ITEM 7 �u LCljt i i (•;y,�F*77,7T^" L: tr-',T -T„rt:;. `1-71 T rc INTER -OFFICE ME►_ ORAITDUA1 ^c,: Chairman Arthur E. Teele, Jr. And Members of the CRA Board !: rc,.r.: Frank K. Rollason Executive Director RECOH4MATION: C 8 File: Sur-Fct: Joint Resolution to authorize Exec. Director to Increase HJ Ross & Associates, Inc. by $100,000 F,e_f&I-et1C:F s : Enclosure:,: Resolution, Supporting Documentation It is recommended that a Joint Resolution be adopted by the Board of Directors of both the Southeast Overtown/Park West and Omni District CRA's authorizing the Executive Director to enter into an amendment of the existing Professional Services Agreement with H.J. Ross Associates, Inc., for general engineering services increasing the amount of the contract by $100,000.00. JUSTIFICATION: Pursuant to CRA Resolutions Omni/CRA R-02-44 and SEOPW/CRA R-02-107 (copies attached) adopted on June 13, 2002, The Board of Directors of both the Omni and SEOPW Park West Districts authorized the execution of a $600,000.00 contract with H.J. Ross Associates, Inc., off the City of Miami's existing $700,000.00 contract. As the CRA moves forward with various capital projects, it has become necessary to put in place the additional available ceiling of $100,000.00 available under the City's original contract. Expenditures under this increase will require authorizing approval of the Board of Directors. FUNDING SOURCE: $75,000.00 from SEOPW TIF- Professional Services -Other ACCOUNT NO.: 689001.550108.6.270 FUNDING SOURCE: $25,000.00 from Omni TIF- Professional Services -Other ACCOUNT NO.: 686001.590320.6.270 FKR/ap OMW/CRA 0 0MCR Q3-- 6 ITEM 7 AGENDA ITtV FINANCIAL INFORMATION FORM CITY OF Mimi COMMUNITY REDEVELOPMENT AGENCY 0OPW C or MNI CRA f applicable) CRA Board Meeting Date: December 8, 2003 CRA Section: Capital Projects Brief description of CRA Agenda Item: Increase HJ Ross & Associates, Inc. existing contract for general engineering services Project Number (if applicable): 4 YES, there are sufficient funds in Line Item: Project No. 689001 Index Code: 550108 Minor: 270 Amount: 75 000 Project No. _686001 Index Code: _590320 Minor: 270 Amount: $25,000 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minor Object From $ To $ From $ To $ Comments: Approved by: ls f.y Date: CRA Executive Director/Designee APPROVALS Verified by: ec Date: Verified by: c CRA Finance Section ate: vivuvi i �,tc[i E P W / CRA 03- 68 m�_..--0,9 OMNI/CRA ITEM 2 OWU/CRA RESOLUTION NO.' 0 +G � 4 4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PIGGYBACK OFF AN AGREEMENT PREVIOUSLY EXECUTED BY THE CITY OF MIAMI WITH H.J. POSS & ASSOCIATES, INC. FOR CONSULTING ENGINEERING SERVICES FOR FISCAL YEARS 2002 THRU 2004, FOR AN AMOUNT NOT TO EXCEED $600,000 WHICH WILL BE ALLOCATED BETWEEN THE SEOPW & OMNI REDEVELOPMENT DISTRICTS, SUBJECT TO THE AVAILABILITY OF TAX INCREMENT FUNDS AND GENERAL FUNDS FROM ACCOUNT NUMBERS 689001.550108 AND 689004.550011. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. fhe recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors authorizes the Executive Director to execute an agreement, in a form acceptable to the City Attorney, to piggyback off an agreement previously executed by the City of Miami with H.J. Ross & Associates, Inc. for consulting engineering services for fiscal years 2002 thru 2004, for an amount not to exceed $600,000 which will be allocated between the SEOPW & OMNI Redevelopment Districts, S OPW/CY9 CWTV OMNI/CRA 0;;�� 02- 44 subject to the availability of tax increment funds and general funds from account numbers 689001.550108 and 689004.550011. Section 3. The Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of June 2002. ATTEST: PRISCILLA A. THOMPSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS! ITY VILARELLO, R-02-44: ELF ARTHUR E. TEELE, JR., CHAIRMAN Page 2 of 2 OWq/CRA 03- 6 SEOPW/CRA 0 3 - 9 9 OiNpF/CP A 02W 44 SEOPW AND OMNUCRA CITY CLERK'S REPORT MEETING DATE: June 13, 2002 ITEM 1-A A SOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGEN (CRA) RECEIVING THE MONTHLY FINANC STATEMENTS AS OF APRIL 30, 2002, AS PRES TED BY THE CHIEF FINANCIAL OFFICER OF THE CRA. ITEM 2 A "LUTION OF THE BOARD OF DIRECTORS OF TH , SOUTHEAST OVERTOWN/PARK WEST (SEOPW) .\ COMMUNITY REDEVELOPMENT AGENCY ( ) AUTHORIZING THE EXECUTIVE DIRECTOR TO PIGGY PACK OFF THE CITY OF MIAMI'S FY ' -'04 CONTRACT WITH HJ ROSS FOR THE FULL NTRACT AMOUNT OF $600,000 BETWEEN THE EOPW & OMNI DISTRICTS SUBJECT TO THE VAILABILITY OF SEOPW TIF AND GENERAL S FROM ACCOUNT NUMBERS 689001.5501 , AND 689004.550011. ITEM 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF'THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO PIGGY PACK OFF THE CITY OF MIAMI'S FY '02-'04 CONTRACT WITH HJ ROSS FOR THE FULL CONTRACT AMOUNT OF $600,000 BETWEEN THE SEOPW & OMNI DISTRICTS SUBJECT TO THE AVAILABILITY OF OMNI TIF AND GENERAL FUNDS FROM ACCOUNT NUMBER 686001.590320.6.860. Page No. I SEOPW/CRA RESOLUTION 02-106 OMNI/CRA RESOLUTION 02-43 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO SEOPW/CRA RESOLUTION 02-107 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO OMNI/CRA RESOLUTION 02-44 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO QMW/cw SEOPW/CRA u3-- 199 ONINI/CRAA 02. 44 SEOPW/CRA ITEM 2 SEOTW/CRA. RESOLUTION NO. 0 2 — 107 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PIGGYBACK OFF AN AGREEMENT PREVIOUSLY EXECUTED BY THE CITY OF MIAMI WITH H.J. ROSS & ASSOCIATES, INC. FOR CONSULTING ENGINEERING SERVICES FOR FISCAL YEARS 2002 THRU 2004, FOR AN AMOUNT NOT TO EXCEED $600,000 WHICH WILL BE ALLOCATED BETWEEN THE SEOPW & OMNI REDEVELOPMENT DISTRICTS, SUBJECT TO THE AVAILABILITY OF TAX INCREMENT FUNDS AND GENERAL FUNDS FROM ACCOUNT NUMBERS 689001.550108 AND 689004.550011. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors authorizes the Executive Director to execute an agreement, in a form acceptable to the City Attorney, to piggyback off an agreement previously executed by the City of Miami with H.J. Ross & Associates, Inc. for consulting engineering services for fiscal years 2002 thru 2004, for an amount not to exceed $600,000 which will be allocated between the SEOPW & OMNI Redevelopment Districts, 1JLV1 ��l bI�1 3 OIVRTI/C SEOPW/C 0 2 _ 107 03- h 03- subject to the availability of tax increment funds and general funds from account numbers 689001.550108 and 689004.550011. Section 3. The Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of June 2002. ATTEST: PRISCILLA A. THOMPSON, CITY CLERK APPROVED AS TO AND CORRECTNkg LARELLO, SEOPZ/CRA R-02-107: ELF ARTHUR E. TEELE, JR., CHAIRMAN Page 2 of 2 OMM/CRA SEOPW/CRA 03- 99 s-L-,3lW/CR A r- 02- 10 �CC/w1 1 tii - jb-�Q, SEOPW AND OMNI/CRA CITY CLERK'S REPORT MEETING DATE: June 13, 2002 ITEM 1-A A RESR LUTION OF THE BOARD OF DIRECTORS OF T COMMUNITY REDEVELOPMENT AGENCY CRA) RECEIVING THE MONTHLY FINANCIAL TATEMENTS AS OF APRIL 30, 2002, AS PRESENT THE CHIEF FINANCIAL OFFICER OF TH�BY RA. ITEM 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO PIGGY PACK OFF THE CITY OF MIAMI'S FY '02-'04 CONTRACT WITH HJ ROSS FOR THE FULL CONTRACT AMOUNT OF $600,000 BETWEEN THE SEOPW & OMNI DISTRICTS SUBJECT TO THE AVAILABILITY OF SEOPW TIF AND GENERAL FUNDS FROM ACCOUNT NUMBERS 689001.550108, AND 689004.550011. ITEM 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF"' THE OMNI OMMUNITY REDEVELOPMENT AGENCY (CRA) A THORIZING THE EXECUTIVE DIRECTOR TO PIG Y PACK OFF THE CITY OF MIAMI'S FY '02-'04 ONTRACT WITH HJ ROSS FOR THE FULL CONT CT AMOUNT OF $600,000 BETWEEN THE SEOP & OMNI DISTRICTS SUBJECT TO THE AVAIL ILITY OF OMNI TIF AND GENERAL FUNDS ROM ACCOUNT NUMBER 686001.590320.6.860. Page No. 1 SEOPW/CRA RESOLUTION 02-106 OMNI/CRA RESOLUTION 02-43 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO SEOPW/CRA RESOLUTION 02-107 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO OMNUCRA RESOLUTION 02-44 MOVED: WINTON SECONDED: GONZALEZ ABSENT: REGALADO OMW/CRA SEOPW/CRA 03-- C8 03- 99 S E 0 P orb'/ CR/ 02- 107 June 13, 2002 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM ITEM 2 Chairman Arthur E. Teele, Jr. and June 13, 2002 i0: DATE: FILE: Members of the CRA Board SUBJECT, FY '02-'04 contract with HJ Ross & Associates FROM: Annette E. Lewis 401' REFERENCES: Acting Executive Director, CRA Resolution, supporting documents ENCLOSURES: RECOMMENDATION It is respectfully recommended that the CRA Board of Directors approve the attached resolution authorizing the CRA Executive Director to piggy back off the City of Miami's FY '02�204 contract with HJ Ross for the full contract amount of $600,000 subject to the availability of funds. BACKGROUND On June 25, 2001, the CRA adopted resolution RO1-78 authorizing the CRA to piggy back off the City of Miami's contract with HJ Ross which ends in FY '02 (September 30, 2002). The CRA based upon current projects have issued work authorizations totaling $593,170. In order to have proper efficiency and continuity, it is the recommendation of staff to piggyback off of the City of Miami's FY '02204 contract with HJ Ross and continued to utilize HJ Ross as the Consulting Engineer to the CRA.. e Source: Omni TIF, SEOPW TIF, General Funds % Number: 686001.590320.6.860, 689001. 50108, 689004.5NOU SEOPW/CRA olvINlicRA 0 3 _ �, �, 636 68 SECT ICRA 02- 107 June 13, 2002 City of Miami Community Redevelopment Agency HJ Ross Work Orders Contract Amount — CRA Resolution R-02-56 I. Construction Manager — Margaret Pace Park 9'' Street Mall (Projection) Parking lot #3 Consulting Services Consulting Services Technical Staff Support Arena Square Apartments II. Phase IA III. Unencumbered Balance $ 700,000.00 137,760.00 23,986.00 3,784.00 4,500.00 10 0.00 343,040. $ 593.170.00 L�?!.►k.� 35,000.00 OMNI/CRA 03- SEOPW/CRA 93-- 99 SEOPW / CRA 0 2 -- 107 Apr-17-02 07:43P ----- --- --- -••- r P.O1 City of Miami Community Redglupqt.tgeVcy . To: R-.t. Ross Associates, Inc. so Douglas Entrance Annex Building, Suite 250 Miaasl, Florida 33134 From: Annette L:w* Acting Executive Director Due: April 17, 2002 Pulse: Authorization to engage various technical and administrative personnel , WORK ORDER This work order is authorizing the engagement of the following individuals listed blow for the purposes of technical and administrative consulting services for various CRA projects. 1. Richard Judy — Strategic Planning 2. Reginald Gousse — Information Technolobry 3. Eli Alvarado — Engineering 4. Esperanza Martinez — Administrative SCOPE OF WORK Consulting services at the request of the Executive Director or the Director of Construction Management, Assignments include, but not limited to, attending meeting and document review, organizing project files and general consultation on CRA matters. Total Cost: Based on contract Estimated Cost(a): Not to exceed the above described fees, unless othtnwise Agreed upon by the CRA. Approvals: N/A id Hernandez, Du. m—traction Mgmt. 1 1 . Annette Lewis, Acting Executive Director Date -4-i-1-.o� Date OAM/CRA, SEQPW/CRA 03- 03- EC.i?W% AA 02- 107 Mar-20-02 09228A %%ter rky of Miami C f-mnlo city RedevNInpmegt Agency DATE: REQUEST FOR SERVICE A7 Mamh7i, 2002 REQUES'TOR: �p Annette Lewis, Acting EXOCLIive Director' CONSULTANTNENDOK: Cesar Calas, H.J. Ross and Associates i Request . Provide technical personnel for Enginee'ring and Administration: 1) Engineer for no less than 24 hours per week, 2) Full time administrative support fur the Engineer and Development funclion. *9P"W taatructioes: 03 /�8 P.02 SEOPW/CRA C3-- 99 02- 107 H. J. Ross Associates, Inc. Engineers • Planners • Seiendns April 2, 2002 Ms. Annette Lewis Acting Executive Director City of Miami Community Redevelopment Agency 300 Biscayne Boulevard, Suite 430 Miami, FL 33126 RE: Request for Services to Provide Technical Personnel For Information Technology and Planning & Development Dear Ms. Lewis: 800 1QU91W Enffaftv Ammer sujUbA& suite 250 Coral Gables. FL 33134 3163 79kp1-W: (305) 567-I&O Facsimile; (305) 567-1771 Pursuant to your March 27, 2002 request for service (see attached hereto as'Exhibit `A" ), we are pleased to submit this proposal in the amount of $149,600 for the services of technical personnel to support the City of Miami Community Redevelopment Agency (CRA). The personncl consist of a professional and an information technology person to be assigned to CRA. Regarding the professional to be assigned for planning and development, we are proposing Mr. Richard Judy. Mr. Judy has over 40 years experience in the planning, design and development for all types of facilities. His billable rate is $150.00 per hour. As noted in your request, he will be assigned a minimum 32 hours a week. Regarding the part-time information technology and other systems support position, we are ro Mr. Reginald Gousse. As noted in your request, he will be assigned a minimum of 25 hours. Mr. sing Gousse's billable rate is $80.000 per hour. For budgeting purposes, we have estimated a 5-month duration for both of these positions. Position ing and Develo ment nation Technolo Billable Rate Hours per Week Weeks $150 32 22 $90 25 1 22 Total Amount �y o $105,600 1 VQa onn If you have any questions,'please call me. Sincerely, H. J. ROSS ASSOCIATES, INC. �yL le4 ' Cesar Calas, P.E. Principal QMNj/CRA SEOPW/CRA Attach. 0 3 _,,, es 0 3 e 99 r FA1'R0POSM_%City of Miami CRD10ty of Miami CR &c t E,a YY /BILL 02— 10 vnrrur Jfirvave wnr Mar-28-02 09:28A P. :.w City o f Miami Community Rcdevtloi m&d A-pmy REQUEST FOR SERVICE DATE: MarchA. 2002 i REQUlES'TOR: Annette Lewis, Acting Executive Director ro CONSULTANT/VENDOR: Cesar Calm, H.J. Ross and Associates Request - Provide technical personnel on a Part time Aernporary basis for the following: 1) Information Technology and other System, Support for 20-25 hours weekly and; 2) Planning & DcvcliVnvnt Profescioned staff Person for 32 hours weekly l anticipate that their teens will end no later than August. Special Instructions: /CRA 0 T-M SEOPW/CRA 03-- 99 SEOPW/ CI A 02 - 107 m SEOPW AND OMNUCRA CITY CLERK' S REPORT MEETING DATE: March 25, 2002 Page No. 14 ITEM 6 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) RESOLUTION SUPERCEDING RESOLUTIONS SEOPW/CRA R-01-78 AND SEOPW/CRA R-01-117 WITH THE ADOPTION OF THIS RESOLUTION AND'AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXTEND THE CITY OF MIAMI MISCELLANEOUS GENERAL ENGINEERING SERVICES CONTRACT WITH HJ ROSS FOR FISCAL YEAR 1991-2001 (AMENDED TO 2002) FOR THE FULL AMOUNT FROM $300,000 TO AN AMOUNT NOT TO EXCEED $700,000 SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBERS 689001.550108.6.860 (TIF), 689004.550011.6.230 (GENERAL FUNDS), AND FURTHER EXTENDING THE TERM OF THE SUBJECT CONTRACT WHICH IS DUE TO EXPIlM ON SEPTEMBER 30, 2002 FOR AN ADDITIONAL 15 MONTHS, EXPIRING ON DECEMBER 31, 2002, AND DESIGNATING H.J. ROSS AS THE CONSULTING ENGINEER TO THE CRA, REPLACING CIVIL CADD ENGINEERS AND FURTHER (1) RESTRICTING H.J. ROSS FROM PERFORMING ARCHITECTURAL,. ENGINEERING, AND DESIGN SERVICES FOR CRA PROJECTS UNDER THIS DESIGNATION WITHOUT SPECIFIC APPROVAL FROM THE BOARD (2) REQUESTING THAT H.J. ROSS CONSULT WITH THE EXECUTIVE DIRECTOR ON ALL MATTERS RELATED TO THE COST, DESIGN PLANS, AND MILESTONES OF ALL CRA PROJECTS (3) FURTHER DESIGNATING, WHEN APPROPRIATE, H.J. ROSS AS "OWNERS REPRESENTATIVE" TO OVERSEE AND ENGAGE IN THE "INSPECTION" OF CRA PROJECTS WHEN AUTHORIZED IN SEOPW/CRA RESOLUTION 02-56 (AS MODIFIED) MOVED: W�1TON SECONDED: REGALADO ABSENT: GONZALEZ, SANCHEZ OMNI/CRA SEOPW/CRA 03®03- 99 SEOPW/ CRA 02- 107 SEOPW AND ONINI/CRA CITY CLERK'S REPORT MEETING DATE: March 25, 2002 ITEM 6 WRITING BY THE EXECUTIVE DIRECTOR (4) EXPRESSLY NAMING ' H.J. ROSS AS THE INSPECTING ENTITY FOR ANY AND ALL CONSTRUCTION AND CONSTRUCTION MANAGEMENT AT RISK PROJECTS UNLESS OTHERWISE DESIGNATED IN WRITING BY THE CRA EXECUTIVE DIRECTOR (5) AUTHORIZING HJ ROSS TO CONDUCT A COMPREHENSIVE REVIEW OF ALL EXISTING CONTRACTS RELATED TO COMPLETED AND ONGOING CRA PROJECTS COMMENCING WITH CONTRACT NUMBER AND , AND TO PRESENT A REPORT OF ALL FINDINGS TO THE BOARD, AND (6) AUTHORIZING - HJ ROSS TO REPORT DIRECTLY TO THE BOARD ON ANY MATTER DEEMED TO BE SIGNIFICANT AND MERITORIOUS FOR THE BOARD OF DIRECTORS TO CONSIDER WITH OR WITHOUT PERMISSION FROM ANY OTHER ENTITY. Modification: include retroactive as of March 11, 2002. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) SUPERCEDING RESOLUTION OMNUCRA R-01- 28 AND AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXTEND THE CITY OF MIAMI MISCELLANEOUS GENERAL ENGINEERING SERVICES CONTRACT WITH HJ ROSS FOR FISCAL YEAR 1999-2001 (AMENDED TO 2002), FOR THE FULL CONTRACT AMOUNT FROM $300,000 TO AN AMOUNT NOT TO EXCEED $700,000 SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER 6860001.590320.6.860, AND FURTHER EXTENDING THE SUBJECT CONTRACT WHICH IS DUE TO EXPIRE ON SEPTEMBER 30, 2002 FOR AN ADDITIONAL 15 MONTHS, EXPIRING ON DECEMBER 31, 2002, AND DESIGNATING H.J. ROSS AS THE CONSULTING Page No. 15 i OMNI/CRA RESOLUTION 02-27 (AS MODIFIED) MOVED: WINTON SECONDED: REGALADO ABSENT: GONZALEZ, SANCHEZ OMNI/CRA 03- 68 SEOPW/CRa 03- 99 i>Sr'rup w'J/ cl'a. l 02— 107 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ITEM 2 OPW/CR A Chairman Teele and June 25, 2001 Members of the CRA Board DATE: FILE: Annette E. Lewis fly FROM: Acting Executive r RECOMMENDATION SUBJECT: Resolution authorizing CRA to amend a contract being prepared by the CRA/City authorized -by the CRA Board by Resolution REFERENCES: R-01-78 for an Owner's Representative and Constructing Administration for the Margaret ENCLOSURES: Pace Park and 9 h Street Mall Projects ii Resolution Attachment Exhibit A Scope of Services for Projects It is recommended that the CRA Board of -Directors authorize the CRA's Executive Director to amend the contract agreement that is being prepared in a form acceptable to the City Attorney with H.J. Ross Associates, Inc., that was approved by the Board by Resolution R-01-78 dated June 25, 2001. This amendment will authorize the H.J. Ross Associates to perform Owner's Representative and Construction Administration Services, in addition to the Arena Square Project approved in R-01-78, for the NW 9`h Street Mall and Margaret Pace Park projects and other such projects approved by the Board. Further, increasing the contract limit where total fees will not exceed $300,000 and authorizing the Executive Director to execute said contract and to issue notices to.proceed. - BACKGROUND: On December 18, 2000, the CRA Board approved Resolution SEOPW/CRA R-00-136 which authorized the Executive Director to provide the developer of the Arena Square Facade Project up to 1.17 MM to totally redesign the facade, entrance ways, enhance lighting & security and the build out a street level commercial space abutting 3`d Avenue. On May 3, 2001 by memorandum, the Chairman of the CRA requested the CRA Executive Director and City Attorney to appoint an owners representative and construction administrator for this project, from the City of Miami Bid list to oversee the project. In response to the memorandum the CRA Board authorized the CRA to enter into a contract with H.J. Ross Associates, Inc. for being an Owner's Representative and Construction Administrator as provided for in Board resolution R-01-78, for the Arena Square project. The Executive Director of the CRA has recommended in the attached resolution that H.J. Ross Associates, Inc. by amending the authorized resolution R-01-78 contract being prepared, also provide the same type services of the Arena Square for the Margaret Pace and 9`s Street Mall projects, set forth in Exhibit A attached to the subject resolution, and other construction projects involving any financing by the CRA and being a redevelopment plan project approved by the Board. Funding Source: Various Account No.: Various 0 3 Pw/c 9 r9 6 SEOPW/ CRA 0 2 -- 107 SEOPW/CRA ITEM 2 RESOLUTION NO. SEOPW/CRA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING AN AMENDMENT TO THE CRA R-01-78 AUTHORIZING A CONTRACT SCOPE OF SERVICES WITI# H.J. ROSS, INC, AN ENGINEERING FIRM ON THE CITY OF MIAMI APPROVED LIST OF PROFESSIONAL CONSULTANTS, IN AN AMENDMENT AMOUNT NOT TO EXCEED AN ADDITIONAL AMOUNT OF $100,000.00, TO PROVIDE PROFESSIONAL SERVICES TO PERFORM "OWNERS REPRESENTATIVE" AND "CONSTRUCTION ADMINISTRATION" SERVICES (IN. ADDITION TO THE NW 3an ARENA SQUARE APARTMENTS PROJECT OF RESOLUTION R-01-78), THE MARGARET PACE PARK AND 9TH STREET MALL -PROJECTS AND, AS REQUIRED, FOR OTHER CRA REDEVELOPMENT PROJECTS INVOLVING CRA FINANCING THAT WILL BE ADDED TO THE SCOPE OF SERVICES IN EXHIBIT A BY THE EXECUTIVE DIRECTOR, AND FURTHER AUTHORIZING THE CRA EXECUTIVE_ DIRECTOR TO EXECUTE SAID CONTRACT AND TO ISSUE WORK ORDERS REQUIRED. IN THE CRA SCOPE OF SERVICES OF THE ATTACHED EXHIBIT "A", AS AMENDED. WHEREAS, the City of Miami proved and adopted the designation of NW 3d Avenue' [D.A. Dorsey Way) from NW 8 Street to approximately NW 14'b Street as the Historic Overtown Priority Business Corridor (the "Corridor") pursuant to City resolution 98-592, and the redevelopment plan of the CRA; and -WHEREAS, the CRA was authorized to promote and support commercial developments along the NW Yd Avenue Corridor (a priority project of the CRA redevelopment plan) by constructing new infrastructure improvements and other amenities necessary for the new and existing businesses in the Corridor pursuant to CRA resolution SEOPW/CRA 98-14; and OMNI/CRA WHEREAS, the CRA is responsible for carrying out community redevelopmerQ 3 6 8 activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan approved by the County and City governing bodies; and SEOPW/CRA 0 3 - 99 WHEREAS, the CRA desires to amend the contract being prepared that was authorized by the Board by CRA Resolution R-01-78 in order for H.J. Ross Associates, Inc. to also be the CRA Owner's Representative and Construction Administration for the SF,OPW /CRA 02 - 107 SE&W/CRA ITEM 2 Margaret Pace Park and NW 9`h Street Mall Extension Projects and other CRA -- redevelopment projects involving financing of the CRA an additional amount of $100,000 to the authorized contract of $200,000.00 now being prepared; and WHEREAS, the CRA has attached the scope of services of each of the projects • that are under final design or in construction and, as needed, any other future projects involving CRA financing of an approved redevelopment project by the Executive Director amending the Exhibit A scope of services as determined necessaryzithin the intent of this resolution, and Board approved available funds not exceeding $300,000; WHEREAS, the CRA desires to execute said amended contract being prepared and to issue notices to proceed with any scope of services relating to the Arena Square Apartments commercial facade program approved by the Board in R-01-78 and the additional projects set forth and defined in Exhibit A attached hereto. i 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 is fully set forth in this Section. Section 2. The Board of Directors of the CRA hereby authorizes the CRA to amend the Board authorized contract (R-01-78) being prepared for employing H.J. Ross Associates, Inc. for."Owner's Representative and "Construction Administration" scope of services set forth in the attached Exhibit A, an engineering firm of the City of Miami approved list of professional consultants, in an amount not to exceed a total of $300,000. Section 3. The Board of Directors of the CRA hereby authorizes the CRA Executive Director to immediately proceed with the scope of services and work plan as attached in Exhibit "A and is further authorized to amend the Exhibit A scope of services for additional projects that have been approved by the CRA Board within the CRA redevelopment area and the Board approved funding of the amended contract. Section 4. The Board of Directors of the CRA hereby authorizes the CRA's Executive Director to amend and execute the authorized contract of Resolution R-01-78 and to continue to proceed with the Exhibit A scope of services that have been agreed to be the Executive Director and H.J. Ross Associates, Inc. (due to a required change of the professional CRA Owner Representative) for .the Arena Square Apartment commercial fagade program, Margaret Pace Park, and 9th Street Mall within the terms and conditions of the scope of services. and the amended contract being prepared when executed by the Executive Director. Section 5. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 24th day of September, 2001 01VM/CRA SEOPW/CkA 03-r pSo3-- 499 02— 10 " SEOPW/CR.A. ITEM 2 Arthur E. Teele, Jr., Chairman ATTEST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney SEOPW/CRA 99 SE P W / Cl uA 02- 107 m Oki; IT B1.31-WWWR41 OMM/CRA SEOPW/CXA 03-- 0S .03- 99 SE0P W l CRA 02- 107 H. J. Ross Associates, Inc. Engineers • Planners • Scientists August 15, 2001 Ms. Annette Lewis Acting Director City of Miami Community Redevelopment Agency 300 Biscayne Boulevard Way, Suite 430 Miami, FL 33131 800 Douglas Entrance Annex Building, Suite 250 Coral Gables, FL 33134-3163 Telephone. (305) 567-1888 Facsimile. (305) 567-1771 RE: Margaret Pace Park, Phase 16 Owner's Representative Services and Construction Administration Fee Proposal Dear Mr. King: H. J. Ross Associates, Inc. (HJR) appreciates the opportunity to submit this proposal to perform Owner's Representative and Construction Administration Services for Margaret Pace Park, Phase 1B. We propose to perform the scope of work as detailed in Exhibit 'A' for a lump sum fee of $137,760 for a period of 8 months. In the event the construction activities extend beyond 8 months, we propose a $17,220 monthly fee. _ We trust you will find this proposal acceptable and look forward to working with you on this important project. If you have any questions, please call me at your convenience. Sincerely, H. J. ROSS ASSOCIATES, INC. Cesar A. Calas, PE Principal Attachment OM W/CRA 03-- ss SEOPW/CRA 03-- 99 1WW-%00ZGV&ftm\0va-cAoo\Marpra Pace rark_Phm IB.W dw rr. --- ----- 7-' 0PW / CR)k 0 (_ - 107 'k- . H. J. Ross Associates, Inc. aw Ms. Annette Lewis August 15, 2001 Page 2 EXHIBIT `A' SCOPE OF WORK ; I. H. 7. ROSS ASSOCIATES, INC. SCOPE OF WORK HJR's scope of work includes Owner's Representative and Construction Administration for Margaret Pace Park, Phase 1B as outlined below. A. OWNER'S REPRESENTATIVE SERVICES FOR PARK IMPROVEMENTS During the construction phase of the project, HJR will oversee that the material furnished and the work performed by the, Contractor are in accordance with the plans, specifications and other contract documents. HJR will interface continually with the Architect/Engineer and the Contractor to ensure that the project stays focused on project objectives and goals. Principal activities during this phase are: 1. Construction Observations - a. Observe the progress and quality of the work to determine if the work is proceeding in general conformance with the Contract Documents. Notify the Owner immediately if, in our Resident Project Representative's (RPR) opinion, the work does not conform to the Contract Documents or requires special inspections or testing. b. Represent the Owner as a liaison with the Architect/Engineer and Contractor. 2. Cost Controls a. Review applications for payment submitted by the Contractor including inventory of materials delivered and make recommendations for payment. Monthly progress payments to the Contractor will depend on acceptable progress according to the approved and updated schedule. 3. Schedule a. HJR will review the Contractor's initial CPM schedule and identify logic errors and unreasonable activity durations. HJR will provide its written comments and will meet with the Contractor and report its findings to the Owner. b. HJR will meet with, the Contractor each month to review any deviations from the Contractor's planned schedules and to agree upon progress for purposes of payment. HJR will ascertain reasons for the deviations and the Contractor's plan for recovering any schedule slippage. or/CRA SEOPW/C 0 4Q SEOPW/CP,A G:\LetterAQd-CADDV4WVWet Pace Pafk—Ptam 1BJet.doc 0 (Y -1 t o I H. J. Ross Associates, Inc. Ms. Annette Lewis August 15, 2001 Page 3 4. Change Orders a. FOR will analyze the need for Change Orders and Supplemental Agreements and provide a basis for decision. The analysis will include a description and rationale for the need or change, expected results of incorporating the need, estimated (order of magnitude) impact on the schedule and budget, and recommended a method of implementation. HJR will provide the Owner with a recommendation on the merit of the change. The status of all change requests will be tracked by the RPR until the change is resolved. b. HJR will review and negotiate price proposals for Supplemental Agreements with the Contractor and then prepare a recommendation for approval by the gwner. Written "Notice to Proceed" will be issued to the Contractor after execution of the Supplement Agreement. S. Documentation and Reporting a. Attend meetings as directed by the Owner and report to the Owner on the proceedings. b. Observe tests required by the Contract Documents. Record and report to the Owner on tests procedures and, where applicable, the results. - c. Maintain records in an orderly manner. Including correspondence, contract documents, change orders, construction change authorizations, architect/engineer's supplemental data, samples, supplementary drawings, request for payment, and names and addresses of Contractor's and. principal material suppliers. d. Develop a monthly progress report in preparation for monthly Owner meetings. B. POST -CONSTRUCTION PHASE SERVICES The post -construction phase involves the verification that the work has been completed in _accordance with plans, specifications and authorized revisions prior to final acceptance. 1. Joint Project Inspection a. Inspect the project at completion of construction with Architect/Engineer. Assist with the preparation of a "punch list" of any deficiency or discrepancy in the work performed that must be resolved before final acceptance of the project. b. Prior to final acceptance and after the "punch list" items have been completed and closed out based on visual observations of the works, submit a written report that the work has been completed in accordance with plans, specifications and authorized revisions. OMNI/CRA 03- 68 v�PW/CR 9 SEOPW/ CRA \\K1ROSSDOZG\Lett 3\cr4-cAw\Margaret Pace P rk-me a 18.1eLdx 107 V 7 02- H. J. Ross Associates, Inc. w. Ms. Annette Lewis August 15, 2001 Page 4 2. Contract Closeout and Construction Records a. The final inspection and acceptance of work will document completion of punch lists, and will close out the contract subject to the following. action items: • Notify contractor that the work is accepted upon satisfactory completion of all exceptions found at final Inspection. • Ensure that "record" drawings are produced as per Contract Documents. • Establish contract closeout file. • Recommend issuance of the Release and Final Payment. • Review Contractor submittals of Operations and Maintenance Manual. • Prepare project closeout report. • Review all warranty documents. II. LIMITATIONS ON SERVICES BY H. 3. ROSS ASSOCIATES, INC. The services which are being provided herein are not intended to be and shall not be construed as constituting inspections for the purpose of protecting workers and other persons employed on the worksite or members of the general public who are injured as a result of _work performed on the work site. Observation$ and reports made by HJR shall not be used by the Contractor, its subcontractors, its engineers or any other person as constituting approval of the construction means and methods, approval of work of the construction means and methods, approval of work performed, or approval of,hazardous job site conditions. III. STAFFING PLAN & PROPOSED FEE The following table "Personnel Staffing Hours" provides a summary of staff hours proposed for Construction Management Services for this project. We have estimated a lump sum fee of $137,760 for this assignment. Personnel Staffing Hours HOURS BILLABLE CLASSIFICATION PER MONTHS HOURLY COST MONTH RATE Principal 4 8 130 4 160 Project Representative 172 8 90 $123 480 Clerical support 1 10 8 40 $3,200 swtotai L.aoor Costs: Out -of -Pocket Expenses @ 5%: MINII/C � 38 \\MOSSWZW\LeMers\QvA-CARD\art Pam Park_Ko a 16.let.doc �131,cuv $6,560 Total Costs: $137,760 ns,hopW/C 02- 107 H. J. Ross Associates, Inc. 800 Douglas Entrance Annex Building, Smile 250 _ Engineers • Planners • Scientists Coral Gables. FL 33134-3163 Telephone. (305) 567-1888 Facsimile: (305) 567-1771 September 14, 2001 ..; Ms. Annette Lewis Acting Director City of Miami Community Redevelopment Agency 300 Biscayne Boulevard Way, Suite 430 Miami, FL 33131 i RE: NW 9th Street Mall (from NW 2nd Avenue to 3`d Avenue) Owner's Representative Services and Construction Administration Fee Proposal Dear Mr. King: H. J. Ross Associates, Inc. (HJR) appreciates the opportunity to submit this proposal to perform Owner's Representative and Construction Administration for Services NW 9th Street Malt. We propose to perform the scope of work as detailed in Exhibit `A' for a lump sum fee of $103,320 for a period of 6 months. In the event the construction activities extend beyond 8 months, we propose a $17,220 monthly fee. We trust you will find this proposal acceptable and look forward to working with you on this important project. If you have any questions, please call me at your convenience. Sincerely, H. J. ROSS ASSOCIATES, INC. Cesar A. Calas, PE Principal Attachment OMNI/C A SEOPW/CRA SEOPW/107 {CRA��tt \\tUROSS002\G\Lettas\CWI-CADD\NW 9th Street Ma9Jet doC 0 2 — J. 0 7 H. J. Ross Associates, Ihc. Ms. Annette Lewis September 14, 2001 Page 2 EXHIBIT `A' SCOPE OF WORK '` I. H. J. ROSS ASSOCIATES, INC. SCOPE OF WORK HJR's scope of work includes Owner's Representative and Construction Administration for NW 9"' Street Mall from NW 2"d Avenue to 3`d Avenue as outlined below. A. Owner's Representative Services for Park Improvements During the construction phase of the project, HJR will oversee that the material furnished and the work performed by the Contractor are in accordance with the plans, specifications and other Contract documents. HJR will interface continually with the Architect/Engineer and the Contractor to ensure that the project stays focused on project objectives and goals. Principal activities during this phase are: 1. Construction Observations a. Observe the progress and quality of the work to determine if the work is proceeding in general conformance with the Contract Documents. Notify the Owner immediately if, in our Resident Project Representative's (RPR) opinion, the work does not conform to the Contract Documents or requires special inspections or testing. b. Represent the Owner as a liaison with the Architect/Engineer and Contractor. 2. Cost Controls a. Review applications for payment submitted by the Contractor including inventory of materials delivered and make recommendations for payment. - . Monthly progress payments to the Contractor will depend on acceptable progress according to the approved and updated schedule. 3. Schedule a. HJR will review the Contractor's initial CPM schedule and identify logic errors and unreasonable activity durations. HJR will provide its written comments and will meet with the Contractor and report its findings to the Owner. b. HJR will meet with the Contractor each month to review any deviations from the Contractor's planned schedules and to agree upon progress for purposes of payment. HJR will ascertain reasons for the deviations and the Contractor's plan for recovering any schedule slippage. SEOPW/CRA OMNI/CRA 03- 68 %"R0SM2\GV.et S\CfWI-CAD"W M Street MR-WAm 0 ,2 — 1 07 H. J. Ross Associates, Inc. Ms. Annette Lewis September 14, 2001 Page. 4 - 2. Contract Closeout and Construction Records t a. The final inspection and acceptance of work will document completion of punch lists, and will close out the contract subject to the following action items: • Notify contractor that the work is accepted upon satisfactory completion of all exceptions found at -final inspection. • Ensure that "record" drawings are produced as per Contract Documents. • Establish contract closeout file. • Recommend issuance of the Release and Final Payment. i • Review Contractor submittals of Operations and Maintenance Manuals, • .Prepare project closeout report. • Review all warranty documents. II. LIMITATIONS ON SERVICES BY H. J. ROSS ASSOCIATES, INC. The services which are being provided herein are not intended to be and shall not be construed as constituting inspections for the purpose of .protecting workers and other : persons employed on the worksite or members of the general public who are injured as a result of work performed on the work site. Observations and reports made by HJR shall not be used by the Contractor, its subcontractors, its engineers or any other person as constituting approval of the construction means and methods, approval- of work of the construction means and methods, approval of work performed, or approval of hazardous job site conditions. III. STAFFING PLAN & PROPOSED FEE The following table provides a summary of staff hours proposed for Construction Management Services for this project. We have estimated a lump sum fee of $103,320 - for this assignment. Personnel Staffing Hours c u�_' Ri 0 v _ v Principalow Subtotal Labor Costs: Out -of -Pocket Expenses @ S%: Total Costs: $98,400 $4,920 $103,320 ��I�vINi/CRC � SEOPW/CR�A \\H)ROS5002\G ettM\QV#-UDDNKW W Street Ma.Ukt doc J _ b 0 3 — Y 1 SEO PW / CRA 02- 107 To: From: Date: Purpose: Work Order Number: City of Miami Community Redd nm nt AAapnr-v H. J. Ross Associates, Inc. 800 Douglas Entrance Annex Building, suite 250 Coral Gables, Fl 33134 Annette Lewis, Acting Executive Director August 23, 2001 Professional Service Agreement 504 WORK ORDER 0 The City of Miami Community Redevelopment Agency (CRA) proposes to rehabilitate approximately 1,700 linear feet of NW 3 d Avenue from NW 0* Street- to NW 10" Street in Miami, Florida. The intent of the rehabilitation is to replace the existing sidewalks and crosswalks with decorative pavement, and the mill and resurface the roadway. This is known as a "mall" concept, similar to the existing project underway along NW 9ffi street, which will connect to this project. The wok does not include any utility or drainage work other than adjustment to structure tops for the new surface elevation. Also, the decorative pavement design will be done by a landscape architect and will be shown on the roadway plans. IT is also anticipated that the curb & gutter will need to be replaced along the entire project due to the new roadway and sidewalk profiles. SCOPE OF WORK 2.1 Construction Drawings will include: • Cover Sheet • Overall Site Plan and Key Map • Typical Sections • Plan and Profile Drawings • Back of Sidewalk Profiles • Signing and Pavement Marking Plans • Maintenance of Traffic Plans and Details • Miscellaneous Details' omw/C SEOPW/CRA 03-�3-� SEOPW/CRC. 02- 107 2.2 A Project Manual wilt-,.d prepared using the City's "boiler plate" ,..,ouments. HJR will include technical specifications related the scope of work specified herein in standard CSI format. 2.3 Meetings with the CRA as necessary. 2.4 Provide responses and applicable revisions to comments from the Building Department and permit - agency reviews. 2.5 HJR will assist the City in obtaining plans approvals and permits from agencies having jurisdiction over the project. HJR will also provide calculations and applications required to obtain plans approval and permits for the project. 2.6 Bidding Services; HJR will assist the owner in analyzing the bids and making recommendations concerning bidders. 2.7 Construction Administration Services are limited to: • Attend a pre -construction meeting. • Plans interpretation and clarification • Respond to contractor's Requests- for Information (RFI). • Review Shop Drawings. • Perform weekly site visits (up to 24 each) during construction. • Prepare record drawings based on surveyor's as -built plans. Total Cost: Estimated Cost(s): Approvals: $96,900.00 Not to exceed the above described fees, unless otherwise agreed upon by the CRA. Old Annette Lewis, Acting Director Executive V �) -zz —� t Date 0 3-�c sEopwicw' s _ 9QV City ofllliami Community Redevelopment Agency OFFICIAL NOTICE TO PROCEED CONTRACTOR: H. J. Ross Associates, Inc. i REQUESTOR: Annette Lewis, City of Miami CRA DATE: August 23, 2001 JOB LOCATION: 3`d Avenue Mall from NW91h street to NW 14"h Street REFERENCE: Proposal for Professional Engineering Services H. J. Ross may begin the above referenced job. Attached please 'find a copy of the related Work order. Executive Director 8--ZZ-0 ( Date ON ICRA SEOPW/CRA 03- 08 03-- 99 SECP . / cPA 0 2 - 107 H. J. Ross Associates, Inc. Mr. Dipak Parekh July 31, 2001 Page 3 2.5 HJR will assist the City in obtaining plans approvals and permits fron&gencies having jurisdiction over the project. We will also provide calculations and applications required to obtain plans approval and permits for the project. This includes one meeting with the each of the permit agencies to establish the project and permit parameters. The City will pay all permit fees. Plans approval and permits are anticipated to be obtained from: i • Miami -Dade Department of Environmental Resource Management (DERM) • City of Miami 2.6 i Bidding Services: HJR will assist the owner in analyzing the bids and making recommendations concerning bidders. 2.7 Construction Administration Services are limited to: • Attend a preconstruction meeting. • Plans interpretation and clarification. • Respond to contractor's Requests for Information (RFI). • Review Shop Drawings. • Perform weekly site visits (up to 24 each) during construction. • Prepare record drawings based on surveyor's as -built plans. 3.0 ITEMS NOT INCLUDED 3.1 Surveying. 3.2 - Geotechnical Testing 3.3 Landscape Architecture 3.4 -Lighting or signalization improvements 3.5 Environmental Services 4.0 INFORMATION TO BE PROVIDED TO H. J. ROSS ASSOCIATES 4.1 Identify points of connection for electrical and telephone. 4.2 As -Built plans for any existing facilities. 4.2 Topographical survey of the entire site. 4.2 Geotechnical study with recommendations for the pavement design. OMNUC SEOPW/CRA 03- -s 03- 99 SEOPW/C[P\A G:UMWAOftm\Parekh_7-31-07 CW.let.dm 0 2— 107 fy/ H. J. Ross Associates, Inc. Mr. Dipak Parekh July 31, 2001 -Page 4 5.0 ADDITIONAL SERVICES Additional services not specifically described under Scope of Work will be performed after prior approval and will be billed at the following hourly rates: Project Manager $105 per hour Senior Engineer $95 per hour Engineer $85 per hour Technician $60 per hour Clerical $40 per hour 6.0 SCHEDULE OF SERVICES The work will commence upon receiving a signed agreement and the necessary information requested. We will meet every reasonable schedule required. 7.0 LIMITS OF LIABILITY The City of Miami, its successor, and/or assignees agree to limit the liability of H. J. Ross Associates, Inc., its officers, .directors, agents, employees, and subconsuitants to the City of Miami and to all construction contractors and subcontractors on the Project, due to any and all breaches of contract and any and all negligent acts, errors or omissions, such that the total aggregate liability of H. J. Ross Associates, Inc. shall not exceed the greater of $50,000.00, or the total fee paid to H. J. Ross Associates, Inc. for services rendered on the project. Should the City of Miami find the above terms unacceptable, an equitable surcharge to absorb H. J. Ross Associates, Inc.'s increase in insurance premiums will be negotiated. OMW/C SEOPW/CRA 03-. 68 03pq - 02-- 107 G u&UeM«ffiM«,L-kk ,.31-0, acn.*Ldoc H. J. Ross Associates, Inc. Engineers • Planners • Scientists Mr. Dipak Parekh July 31, 2001 .Page 5 EXHIBIT B FEE ALLOCATION TA fie Construction Documents 60.000 Permit Assistance $4,000 Bidding 1 200 Construction Administration $28,800 ,Expenses $2,900 Total $96,900 OM W/CRC, 03- 68 800 Douglas Entrance Annex Building, Suite 250 Coral Gables, FL 33134-3163 Telephone: (305) 567-1888 Facsimile: (305) 567-1771 i SEOPW/CRA 03! SE[ OP YFY /Cl//t��d"i 02- 107 G:\letMs\O#Wm% areldL7-31-01 CKD.let.do[ H. J. Ross Associates, Inc. Mr. Dipak Parekh July 31, 2001 Page 2 EXHIBIT A SCOPE OF WORK 1.0 DESCRIPTION OF THE PROJECT i The City of Miami Community Development Agency (Cl2A} proposes to rehabilitate approximately 1,700 linear feet of NW 31d Avenue from NW 91 Street to NW 14'h Street in Miami, Florida. The intent of the rehabilitation is to replace the existing sidewalks and crosswalks with decorative pavement, and to mill and resurface the roadway. This is known as a "mail" concept, similar to the existing project underway along NW 9 h Street, which will connect to this project. The work does not include any utility or drainage work other than adjustment to structure tops for the new surface elevation. Also, the decorative pavement design will be done by a landscape architect and will be shown on -the roadway plans. It is also anticipated that the curb &gutter will need to be replaced along the entire project due to the new roadway and sidewalk profiles. 2.0 SCOPE OF WORK TO BE PERFORMED BY H. 3. ROSS 2.1 Construction drawings will include: 2.2 2.3 2.4 Cover Sheet Overall Site Plan and Key. Map Typical Sections Plan andProfile Drawings • Back of Sidewalk Profiles Signing and Pavement Marking Plans • Maintenance of Traffic Plans and Details • Miscellaneous Details A Project Manual will be prepared using the City's "boiler plate" documents. HJR will include technical specifications related the scope of work specified herein in standard CSI format. OWU/CRA SEOPW/CRA Meetings with the CRA as necessary. 0 3 — 68 0 3 -- o, 0 Provide responses and applicable revisions to comments from the Building Department and permit agency reviews. SEOPW/C-RA .. .. ...�__..._...,.., 7--Aim ncn_W.doc 02— 10'7 SEOPW AND OMNI/CRA. CITY CLERK'S REPORT MEETING DATE: June 25, 2001 Page No. 5 ITEM D 9 b A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY (THE "CRA') AUTHORIZING THE CRA TO PIGGY BACK OFF THE CITY OF MIAMI'S CONTRACT WITH H.J. ROSS, INC., AN ENGINEERING FIRM ON THE CITY OF MIAMI'S APPROVED LIST OF PROFESSIONAL CONSULTANTS, IN AN AMOUNT NOT TO EXCEED $200,000.00, WITH DETAILED SCOPE OF -SERVICES AND WORK PLAN AS SUBMITTED IN EXHIBIT "A" AND FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE SAID CONTRACT AND TO ISSUE NOTICES TO PROCEED PURSUANT TO ANY SCOPE OF WORK RELATING TO THE ARENA SQUARE APARTMENTS. ITEM D 9 a A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO CLOSE THE FANNIE MAE LOAN IN ACCORDANCE WITH THE TERM SHEET PROVIDED BY FANNIE MAE, UNDER THE TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. SEOPWA ;RA R-01-78 MOVED: WINTON SECONDED: " REGALADO NAYS: SANCHEZ ABSENT: GORT SEOPW/CRA R=01-79 MOVED: SANCHEZ SECONDED: WINTON ABSENT: GORT OMNI/CRA SEOPW/CRA 03- .6s 03- 99 SF;OPW / CRA 02- 107 SEOPW/CRA ITEM 9b RESOLUTION NO. SEOPW/CRA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA') AUTHORIZING THE CRA TO PIGGY BACK OFF THE CITY OF MIAMI'S (THE "CITY") CONTRACT WITH H.J. ROSS, INC AN ENGINEERING FIRM ON THE CITY OF MIAMI'S APPROVED LIST OF PROFESSIONAL CONSULANTS, IN AN AMOUNT NOT TO EXCEED_ $200,000.00, WITH DETAILED SCOPE OF SERVICES AND WORK PLAN AS SUBMITTED IN EXHIBIT "A" AND FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE SAID CONTRACT AND TO ISSUE NOTICES TO PROCEED PURSUANT TO ANY SCOPE OF WORK RELATING TO THE ARENA SQUARE APARTMENTS. WHEREAS, the City of MR= approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. •82- 755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the City"of Miami approved and adopted the designation of NW 3 d Avenue [D.A. Dorsey Way] from NW 8 Street to approximately NW 10 Street as the Historic Overtown Priority Business Corridor (the "Corridor") pursuant to City resolution 98-592; and WHEREAS, the CRA was authorized to promote and support commercial developments along the NW 3`d Avenue Corridor by constructing new infrastructure improvements -and other amenities necessary for the new and existing businesses in the Corridor pursuant to CRA resolution SEOPW/CRA 98-14; and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to piggy back off the City of Miami's contract with H.J. Ross Associates, Inc., an engineering firm of the City of Miami's approved list of professional consultants, in an amount not to exceed $200,000.00; and WHEREAS, the CRA desires to provide a detailed scope of services and work plan to be submitted and approved by the CRA Board at the next Board meeting; and OMNI/C c SEOPW/CRq, r� 68 03 Q�v'iJ�(� v, C,PW/Cr A 02- 107 SEOPW/CRA ITEM 9b WHEREAS, the CRA desires to execute said contract and to issue notices to proceed with any scope of work relating to the Arena Square Apartments commercial facade program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CONRAuNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: • i Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as is fully set forth in this Section. Section 2. The Board of Directors of the CRA hereby authorizes the CRA to piggyback off the City of Miami's contract with H.J. Ross Associates, Inc., an engineering firm of the City of Miami's approved list of professional consultants, in an amount not to exceed $200,000.00. i Section 3. The - Board of Directors of the CRA hereby authorizes the CRA Executive Director to proceed with the scope of services and work plan as attached in Exhibit "A" Section 4. The Board of Directors of the CRA hereby authorizes the CRA's Executive Director to execute said contract and to issue notices to proceed with any scope of work relating to the Arena Square Apartment commercial facade program - Section 5. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 25th day of June, 2001. ATTEST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro V ilarello City Attorney Arthur E. Teele, Jr., Chairman OMNI/ CRA SEOP W / CRA 43- 68 03- 93 02-- 107 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this P day of December , 2001 (but effective as of by and between the Southeast Overtown/Park West Community Redevelopment Agency, a body corporate and politic of the State of Florida (hereinafter referred to as the "CRA") and H.J. Ross, Inc. , a Florida corporation ("Provider"). RECITALS: A. The CRA is in need of Professional services ('Services"). B. Provider possesses all necessary qualifications and expertise to perform the a Services. C. The CRA' wishes to 'engage the services of Provider, and Provider wishes to perform the services for the CRA, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and theCRA agree as follows: TERMS: . 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2• TERM: The term of this Agreement shall be _ one (1) year commencing as of the date hereof and ending one (1) year thereafter OMW/CRA, SEOPW/CRA 03- 68 03_Q SE-0P W / CIS 0 2 - W i 3. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and subject to the terms and conditions set forth, in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the CRA that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the CRA, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the CRC,, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, k My qualified and trained to perform the tasks assigned to each of them; and (iv) the Services will be performed in the manner described in Attachment "A". 4. COMPENSATION: A. The amount of compensation payable by the .CRA to Provider shall be based on the rates and scheddles described in Attachment "A" hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation paid to Provider hereunder exceed '400'000.00 B. Unless otherwise specifically provided in Attachment "A", payment shall be made within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of all expenditures,- should the CRA require !an audit to be performed. If Provider is entitled to reimbursement of travel expenses (i.e. Attachment "A" includes travel expenses as a specific item of compensation], then all bills for travel expenses shall be submitted in accordance with _w Section 112.061, Florida Statutes. OM NI/CRA SEOPW/CRA 3- 691 03- 99 2 02- 107 5. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the CRA to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the. -terms of this Agreement is and shall at all times remain the property of the CRA. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the CRA, which may be withheld or conditioned by the CRA in its sole discretion. 6. AUDIT AND INSPECTION RIGHTS: A. The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the CRA to Provider under this Agreement, audit, or cause . to be audited, those books and rebords of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal. place of business for a period of three (3) years after final payment is made under this Agreement. .. B. The CRA may, at reasonable times during the -term hereof, inspect Provider's facilities and perform such tests, as the CRA deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof, if applicable. Provider shall make available to the CRA all reasonable facilities and assistance to facilitate the performance of tests or inspections by CRA representatives. All tests and inspections: shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as the same may be amended or supplemented, from time to time. . OMNI/CRA 03- GS 3 SEOPWIU. , r 3 -x 40,1 py-yy 9 S Vr del/vl'iA 02 - 1.0"7 7. AWARD OF AGREEMENT: Provider represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA. to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CYCA and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CRA. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. CRA and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, 'as they may be amended from time to time. 10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the CRA and its officials, employees and agents (collectively referred to as "Indemnitees') and each " of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities') by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with: (i) the performance or non-performance of the Services OMW/CRA SEOPW/CRA 03- 68 03- t)'9 SE p i� � 4 Ci02- 10'7 contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them, or (ii) the failure of the Provider to comply with any of the terms, conditions or requirements hereof or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or formei employee of Provider, or any of its subcontractors, as provided above, for which Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 11. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default: Upon the occurrence of a default hereunder, in addition to all remedies available to it by law, the CRA may immediately, upon written notice to Provider, terminate this Agreement. In such event, all payments, advances, or other compensation paid by the CRA to Provider while Provider was in default shall be immediately returned to the CRA. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the CRA for all expenses incurred by the OMI9/CRA SEOPW/CRA 5 02- JP CRA in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CRA in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the CRA based upon an alleged violation of the terms of this Agreement by the CRA shall be submitted to the City Manager of the City of Miami for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) it -has first received the City Manager's written decision; or (ii) a period of sixty (60) days has expired, after submitting to the R City Manager a detailed statement of the dispute, accompanied by all supporting documentation; or (iii) the CRA has waived compliance with the procedure set forth iri this section by written instruments signed by the City Manager. . 13. CRA'S TERMINATION RIGHTS: A. The CRA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the CRA shall pay to Provider compensation for services rendered and expenses incurred prior to the effective, date of termination. In no event shall the CRA be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. - The The CRA shall have the right to terminate this Agreement, without notice or liability to Provider, upon- the occurrence of an event of default hereunder. In such event, the CRA shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the ' y CRA all amounts received while Provider was in default under this Agreement. OMNI/CRA SEOPW/CRA 6 3 _ 99 t0 14. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the CRA. All such insurance, including renewals, shall be subject to the approval of the CRA for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the Services under this contract without thirty (30) calendar days prior written notice to the CRA. Completed Certificates of Insurance shall be filed with the CRA prior to the performance of the Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the CRA. If, in the judgment of the CRA; prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which .is different in kind, the CRA reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the CRA's written notice, this Agreement shall be considered terminated on the date the, required change in policy coverage would otherwise take effect. 15. CONFLICT OF INTEREST: A. Provider is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seg. and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. 0 3 /� f s SEOPW / CRA 03- 99 A cl 4 1 B. Provider covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the CRA. Provider further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Services provided hereunder. Any such conflict of interest(s) on the part of Provider, its employees or associated persons, or entities must be disclosed in writing to the CRA. 16. NONDISCRUMNATION: Provider represents and warrants to the CRA that Provider does not and will not engage in discriminatory practices and that there shall be no discrrimination in connection with Provider's performance under this Agreement on account of race, color, sex, { religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise -qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: :, This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's sole discretion. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. OMW/C . SEOPW/CRA 03- Pe8 03- 99 E:1 SE O W er 02- 10'7 TO PROVIDER: TO THE CRA: Annette Lewis, Acting Executive Director Community Redevelopment Agency 300 Biscayne Boulevard Way Suite 430 Miami, FL 33131 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida B. Title and paragraph headings are for convenient reference and are not apart of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver. of any subsequent breach of the same or any- other. provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the • City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. - This -'Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives .of the parties hereto. OMNI/CRA SEOPW/C1ZA SEOP W / CR", 9 .0 2 - 1 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTOR: Provider is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, Provider shall not attain, nor be .entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the CRA, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the CRA are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the a CRA under this Agreement. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and; the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating' to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall:constitute an original but all of which, when taken together, shall constitute one and the same agreement. /C SEOPW/CRA or- 03- 99 SEOPW/CR.A 02 - 107 10 : IN WITNESS VirMREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Print Name: Title: Corporate Secretary t "Provider" H.J. ROSS, INC. a Florida corporation By: Print Name: Title: President Southeast Overtown/Park West and Omni Community Redevelopment Agency, a body corporate and politic of the State of Florida ATTEST: By: Walter J. Foeman, City Clerk Annette Lewis, Acting Executive Director APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: Mario Soldevilla, Administrator Risk Management --� IT-cRA-Professional. sCM= A9 Alejandro Vilarello City Attorney OMNI/CRA SEOPW/CRA 03- 68 03-- 99 SEOPW/ m ,, 11 02' - low i RESOLUTION NO. SEOPW/CRA SEOPW/CRA ITEM 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING AN- AMENDMENT TO THE CRA R-01-78 AUTHORIZING A CONTRACT SCOPE OF SERVICES WITI-If' H.J. ROSS, INC, AN ENGINEERING FIRM ON THE CITY OF MIAMI APPROVED LIST OF PROFESSIONAL CONSULTANTS, IN AN AMENDMENT AMOUNT NOT TO EXCEED AN ADDITIONAL AMOUNT OF $100,000.00, TO PROVIDE PROFESSIONAL SERVICES TO PERFORM "OWNERS REPRESENTATIVE" AND "CONSTRUCTION ADMINISTRATION" SERVICES - (IN ADDITION - TO- THE NW 3P-D ARENA SQUARE APARTMENTS PROJECT OF RESOLUTION R-01-78), THE MARGARET PACE PARK AND 9rn STREET MALL PROJECTS AND, AS REQUIRED, FOR OTHER CRA REDEVELOPMENT PROJECTS INVOLVING CRA FINANCING -THAT WILL BE ADDED TO THE SCOPE OF SERVICES IN EXHIBIT A BY THE EXECUTIVE DIRECTOR, AND} FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO EXECUTE SAID CONTRACT AND TO ISSUE WORK ORDERS REQUIRED IN THE CRA SCOPE OF SERVICES OF THE ATTACHED EXHIBIT "A", AS AMENDED. i WHEREAS, the City of Miami -approved and adopted the designation of NW 3'd Avenue`[D.A. Dorsey Way] from NW 8 Street to approximately NW 10 Street as the Historic Overtown Priority Business Corridor (the "Corridor") -pursuant to City resolution 98-592, and the redevelopment plan of the CRA; and WHEREAS, the CRA was authorized to promote and support commercial developments along the NW. '3'd Avenue Corridor (a priority project of the CRA redevelopment plan) by constructing new infrastructure improvements and other amenities necessary for the new and existing businesses in the Corridor pursuant to CRA resolution SEOPW/CRA 98-14; and WHEREAS, the CRA is responsible for carrying out conununity redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan approved by the County and City governing bodies; and WHEREAS, the CRA desires to amend the .contract being prepared that was authorized by the Board by CRA Resolution R-01-78 in order for H.J. Ross .Associates, Inc. to also be the CRA Owner's Representative and Construction Administration for the OMNI/CRA SEOPW/CRA 03-- 99 SEOPW/CRA ITEM 2 Margaret Pace Park and NW 9'h Street Mall Extension Projects and other CRA redevelopment projects involving financing of the CRA an additional amount of $100,000 to the authorized contract of $200,000.00 now being prepared; and WHEREAS, the CRA has attached the scope of services of each of the projects that are under final design or in construction and, as needed, any other future projects invoi'ving CRA financing of an approved redevelopment project by the Executive Director amending the Exhibit A scope of services as determined necessary-.Adthin the intent of this resolution, and Board approved available funds not exceeding $300,000; WHEREAS, the CRA desires to execute said amended contract being prepared and to issue notices to. proceed with any scope of services relating to the Arena Square Apartments commercial facade program approved by the Board in R-01-78 and the additional projects set forth and defined in Exhibit A attached hereto. Z 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 is fully set forth in this Section. Section 2. The Board of Directors of the CRA hereby authorizes the CRA to amend the Board .authorized contract (R-01-78) being prepared for employing H.J. Ross Associates, Inc. fob "Owner's Representative" and "Construction Administration" scope of services set forth 'in the attached Exhibit A, an engineering firm of the City of Miami approved list ofprofessional consultants, in an amount not to exceed a total of $300,000. b Section 3. - The Board of -Directors of the CRA hereby authorizes the CRA Executive Director to immediately proceed with the scope .of services and work plan as attached in Exhibit • "A" and is further authorized to amend the Exlnbit A scope of services for additional projects that have been approved by the CRA Board within the CRA redevelopment area and the Board approved funding of the amended contract. Section 4. The Board of Directors of the CRA hereby authorizes the CRA's Executive Director to amend and execute the authorized contract of Resolution R-01-78 and to continue to proceed with the Exhibit A scope of services that have been agreed to 'be the Executive Director and H.J. Ross Associates, Inc. (due to a required change of the professional CRA Owner Representative) for the Arena Square Apartment commercial fagade program, 'Margaret Pace Park, and 9* Street Mall within the terms and conditions of the scope of.services. and the amended contract being prepared when executed by the Executive Director. /C is 03- 99 SEOPW/CR�6 u Section 5. This resolution shall be effective upon its ado ptiAr PASSED AND ADOPTED on this 24th day of September, 2001. SEOPW/CRA 02-- 107