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Home My WebLink AboutR-01-0564J-01-440 6!7!01 RESOLUTION NO. 01— 564 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT DATED JULY 12, 2000, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SHAKE -A -LEG MIAMI, INC. ("SAL") FOR THE• MANAGEMENT OF THE PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR PURPOSES OF INCREASING THE CITY'S CONTRIBUTION IN THE AMOUNT OF $200,000, FROM $298,000 TO $498,000, FOR CONSTRUCTION OF THE INITIAL IMPROVEMENTS AT VIRRICK GYM, AS DEFINED IN THE MANAGEMENT AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE i'O THE CITY ATTORNEY, WITH SAL TO TRANSFER RESPONSIBILITY FOR OVERSEEING CONSTRUCTION OF THE INITIAL IMPROVEMENTS TO SAL; ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD PARKS BOND FUNDS. WHEREAS, the City of Miami entered into a Management Agreement with Shake--A-Leg Miami, Inc. (SAL") dated July 12, 2000, for management of a portion of City -owned property located at 2600 South Bayshore Drive, Miami, Florida, to serve as a public recreation center to provide recreational and educational opportunities to City of Miami residents, organized youth and crry Counnow un -two Cr JUN 1 4 2001 1"QUIUM No. 01- 564 community groups, disadvantaged sectors of the public, and the general public; and WHEREAS, the Management Agreement provided for the City to contribute $298,000 in Safe Neighborhood Park Bond Funds towards the construction of a two-story building, with SAI, contributing the balance of funds necessary to. construct the initial improvements; and WHEREAS, the City was granted an additional $200,000 of Safe Neighborhood Park Bond Funds from Miami -Dade County for construction of the initial improvements; and WHEREAS, it is in the best interest of the parties to transfer responsibility to SAL. for overseeing construction of the initial improvements; NOW, THEREFORE, BE IT RFSOLVFD BY THE COMMISSION -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 as of fully set forth in thin Section, _ Page 2 of 4 564 Section 2. The City Manager is authorizedll to execute Amendment No. 1 to the Management Agreement, in a form acceptable to the City Attorney, with Shake -a -Leg Miami, Inc. ("SAL") for the management of the property located at 2600 South Bayshore Drive, Miami, Florida for the purposes of increasing the City's contribution in the amount of $200,000, from $298,000 to $498,000 for construction of the initial improvements at virrick Gym, as defined in the Management Agreement. Section 3. The City Manager is further authorized!' to execute a Development Agreement, in a form acceptable to the City Attorney, with SAL to transfer responsibility for overseeing construction of the initial improvements to SAL. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.21 '-� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited :o those prescribed by applicable City Charter and Code provisions. 1� Ibid. 2r if the Mayor does not sign Chis Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective inuoodiately upon override of the veto by the City Commission. Page 3 of 4 01. 564 PASSED AND ADOPTED this 14th day of June , 2001. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2.36, since the Mayor !ri3lation by eignirig it in the dosignated plarc� ATTEST: i,,,xomes; effective withthe eiaW, of ton (i ys fl? the inp mptding same. without the Mayorp m c#v WALTER J. FOEMAN wfl"AJ. r CITY CLERK AP D CORRECTNESS 't/ N not indlcate appnml of v",jpld legi:;!£t 11 da of ' • ' �► Page 4 of 4 01- 564 Q�� 1. • CITY OF MIAMI, FLORIDA *CA=20 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: tAY ' 9 FILE Of the Citv Commission SUBJECT Shake -A -Leg FROM .s ne REFERENCES June 14, 2001 Ci y Manager ENCLOSURES. RECOMMENDATION: It is respectfully recommended that the City of Miami Commission adopt the attached resolution authorizing the City Manager to execute an Amendment to the Management Agreement dated July 12, 2000, in substantially the attached form, with Shake -a -Leg Miami, Inc. (SAL) for SALs management of the property located at 2600 South Bayshore Drive, for the purpose of increasing the City's contribution for construction of the Initial Improvements, as defined in the Management Agreement, from $298,000 to $498,000 and to transfer responsibility for overseeing construction of the Initial Improvements to SAL. This Resolution further authorizes the City Manager to execute a Development Agreement, in substantially the attached form, with SAL to set forth the terms and obligations -.0th respect to SAL assuming responsibility of overseeing the construction of the Initial Improvements. BACKGROUND: The City of Miami entered into a Management Agreement with Shake -A -Leg on July 12, 2000 for the use of a portion of the property located at 2600 South Bayshore Drive, Miami, Florida. The Management Agreement provided for the City to construct the Initial Improvements. Subsequently, it was determined that it would be in the best interest of the City to allow SAL to assume the responsibility for construction. In order to accomplish this, an amendment to the Management Agreement is required in order to transfer the responsibility for construction. Additionally, the Management Agreement is being amended to acknowledge that the Department of Parks and Recreation has been able to secure an additional $200,000 of Safe Neighborhood Park Bond Funds for this construction. The proposed Development Agreement sets forth the terms and obligations with respect to SAL overseeing construction, including, but not limited to, requiring SAL to hire a construction advisor, establishing bid procedures and establishing payment procedures. The transfer of this construction 'responsibility to SAL is subject to the approval of the Safe Neighborhood Parks Bond Program Funds Office of the Miami -Dade County. CAG:D eb:Cover Memo Reso MA Aura & Dev Agr 01- 564 • n LJ AMENDMENT NO.1 TO LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND SHAKE A LEG MIAMI This Amendment is entered into this day of , 2001, (the "Amendment") by and between the City of Miami, a municipal corporation of the State of Florida (the "City"), and Shake -A -Leg Miami, a non-profit corporation (the "Provider") for the purpose of modifying certain Management Agreement between the City and Provider dated July 12, 2000 (the "Agreement') as follows: WHEREAS, the City has entered into a Management Agreement with the Provider to use a portion of the Property as more particularly described in Exhibit A attached hereto and made a part hereof, for a term of eight (B) years with the option to renew for two (2) additional six (6) year periods; and WHEREAS, Section 9.1 of the Management Agreement set forth terms for the City to provide funds in the amount of $296,000 towards the construction of the two story building (the "Initial Improvements") for the use and occupancy of the Provider; and WHEREAS, the Provider shall at its sole cost and expense, provide the balance of the funds necessary to design and complete the construction of the Initial Improvements; and WHEREAS', the City and Provider agree that it would be to the benefit of the parties to modify the Agreement and let the Provider complete the design and construction of the Initial Improvements; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows: 1. Section 9.1 entitled "Initial Improvements" is hereby amended as follows:' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. 01- 564 The ErQy &CG+ter shall design and construct on the Premises a two-story building (the "Initial Improvements") for the use and occupancy of the Provider. The City shall provide funds in the amount of $2W28,040 towards the construction of the Initial I Improvements. The Provider, at its sole cost and expense, shall provide or cause to be provided the balance of the funds necessary to design and complete construction of the Initial Improvements, including the installation of all furnishings and equipment required for operation of the Provider's programs. On or prior to the Commencement Date of this Agreement, the Provider shall execute a Development Agreement with the City to take the responsibility of overseeing the groiect. Tthe Provider shall deposit with !he -Gita in a separate construction account (the "Constru ion Account") the balance of the funds necessary to complete the design and construction of the Initial Improvements based upon a cost estimate prepared by the City's architect-@nd to provide the Parks Director satisfactory evidence that the funds are available prior to commencing the work of the Project- The Develooment Agreement shall set forth the terms and obligations of SAL and the City with respect to the funding and construction of the proiect. lR !he event Of 606t OVeFFURS, #;8 PFGVid8F shall dep may 69 ReGess" 18 aAd GORGIFUCAIDA G! 11148 ial lePreveFnents. Notwithstanding the above, the City will assist the Provider in obtaining such additional funding by sponsoring or co -sponsoring grant applications, if necessary. Approval Of Amendment By The Oversight Board The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending City of Miami contracts. As a result, this Amendment shall not be binding on the City until such time as it has been approved by the Oversight Board. Attestation of this Amendment by the City Clerk shall constitute evidence of approval by the Oversight Board. Except as specifically provided herein, all of the terms and provisions of the Management Agreement shall remain in effect. 01- 564 0 • IN WITNESS WHEREOF, the parties hereto have exec i ted this Amendment to the Management Agreement on the day and year ttrst above written. PROVIDER: SHAKE -A -LEG MIAMI By, ' ay: Walter J. Foeman Caicos A. Gimenez City Clerk City Manager 01- $64 _q� A Y .� 4k `a#y,ap,� � �y.,,t" �""„w`-��£��'. "�6� gu�� e'J� �S1z'7i ��`�, � %vfits'�.n �� r��, c 'E >•'� �x 11 1 # .x a - y via p,' ✓T 4 Y � J� � P � , � Y = k ��yy � *,i��, 41#s+{ fC ¢ TFY •tyt/f.�� d`` kF ik � �'.:.... , f ��y kn 2j M Amuz 4 'fif^iP�4'�5j4 1}� Y 'F BETWEEN x „� .7WE CITY OF MIAMI AND RA, FOR THE CONSTRUCTION OF If"ROVEMEN" -. ti 6�00`8OUTH BAYSHORE DRIVE, MIAMI, FLORIDA `} j r ¢ }�`�''5 �'} ��.�>Fri � '�� .�' '+��.« ` ".� rr `� � '. l�� w'`" I��2'�M�� ,d�e�j nh �' fr'► s ' ax 4i �{ - �Gi1�c3 w %A 7.4.r � xi ,.. f 9 . •.. �S. I°" �. { ,c4 $x.;:'r t mx k: y . ! 0 -� 564 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND SHAKE -A -LEG This Agreement is made as of this day of , 2001 by and between the City of Miami, a municipal corporation of the State of Florida, through its Department of Parks and Recreation (hereinafter referred to "City") and Shake -A -Leg, a Florida not-for-profit Corporation, (hereinafter referred to as "SAL"). RECITALS A. Ae City is the owner of the property located at 2600 South Bayshore Drive a/k/a as the Virrick Gym under the jurisdiction of the Parks and Recreation Department of the City (the "Department"). B. City has maintained a cooperative relationship with SAL for many years and has entered into a Management Agreement with SAL to operate a portion of the property located at 2600 Bayshore Drive, a/k/a the Virrick Gym for the purpose of providing public recreational and educational opportunities to the City of Miami residents, youth groups, disadvantage sectors of the public, organized community groups and the general public. C. SAL desires to construct a two-story building including the installation of furnishing and equipment (the "Project") required for the operation of SAL's programs. 2 01- 564 i� n LJ D. The City has been awarded a grant from the Safe Neighborhood Park Bond Series 99, in the amount of $ 498,000 (collectively the "Safe Neighborhood Grant") to be applied toward the cost of the improvements Project on a reimbursement basis. E. SAL has agreed to take responsibility for overseeing the Project and the City has agreed to permit SAL to .oversee the Project pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE in consideration of the premises and the mutual covenants contained herein, the parties agree as follows - TERMS 1. RECITALS. The Recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. DESIGN FOR PROJECT. The City has retained the services of R.J. Heisenbottle Architects (the "Architect") to prepare the plans and specifications for the design of the Project which is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Plans"). 3. PERMITS AND APPROVAI.S. SAL shall be responsible for securing all approvals and permits necessary for the construction and completion of the Project. The cost of obtaining the required permits and approvals shall be part of the construction cost and shell be paid as provided in this Agreement. 4. CONSTRUCTION ADVISOR. SAL has retained the services of Bovis to provide construction management services including but not limited to those services described in Exhibit `B" and made a part hereof. The City Manager shall review and k] Oi- 564 approve the agreement between SAI. and Bevis prior to commencement of work on the Project. The provision of these services by Bovis is a requirement of this Agreement. 5. CONTRACTOR SELECTIONBID PROCEDURES. SAL shall utilize the contractor selection/bidding procedures currently utilized by the City for the selection of the general contractor for the Project (the "Contractor"). SAL shall be responsible for the preparation of all documents required %%ith respect to the selection of the Contractor for the Project ("Bid Documents"). SAL shall submit the Bid Documents to the City for its review and approval which approval shall not be unreasonably withheld or delayed. The Bid Documents shall conform to the Bid Documents customarily utilized by the City for similar projects. SAL shall select the Contractor that submits the lowest, most favorable bid, based on the criteria utilized by the City in the selection of contractors for similar projects. 6. CONSTRUCTION CONTRACT. SAL shall be responsible for the preparation of the construction contract for the Project (the "Construction Contract"). The Construction Contract shall conform to the form of contract customarily utilized by the City for similar projects. SAI. shall submit the Construction Contract to the City for its review and approval, which approval will not be unreasonably withheld or delayed. SAL will incorporate into the Construction Contract all reasonable comments of the City. SAL will enter into the Construction Contractor with the selected Contractor. SAL shall be responsible for the construction of the improvements in accordance with the approved Plans. During the construction of the Project, SAL shall provide to the City, once each month, a certificate of the Architect certifying that those portions of the improvements completed, for which requisitions for payment have been issued, are 4 01- 564 m1�x in substantial accordance with the Plans. The City's Consultant, architects, engineers, agents and employees, at reasonable times, may enter upon the Property and inspect the work to determine if it conforms with the agreements contained herein. SAL shall maintain copies of the Plans for the City's examination. If during construction the City reasonably determines that the construction is not proceeding in accordance with the provisions of this Agreement or with the Plans, the City shall give SAL written notice thereof, specifying in detail the particular deficiency or defect and SAL shall thereupon take such steps as are necessary to correct such deficiency or omission. SAL shall be responsible for ensuring that the improvements are built in accordance with the Plans, as they may be amended from time to time, in accordance with the provisions of this Agreement. 7. CHANGE ORDERS. All changes in the work dwing construction shall be subject to the approval of the City, Bovis, Architect and the Contractor. Prior to commencing any change in the work requested by either the SAL, or the City, SAL will prepare and deliver to City, for its approval, a change order (the "Change Order") setting forth the total costs of such change which will include associated architectural, engineering and construction contractor's fees. If the City does not approve such Change Order, SAL will not proceed to cause the requested change to be performed. The cost of any Change Order authorized pursuant to this Section shall be paid in the manner provided in this Agreement for the payment of construction of improvements. 8. CONFORMANCE WITH LAWS. SAL shall be responsible for the construction of the improvements in conformity with the Safe Neighborhood Guidelines, Legal Requirements and Applicable Laws, attd specifically, without 5 Oi- 564 • limiting the generality of the foregoing, the requirements. SAI_ shall ensure that all building permits and other necessary authorizations from appropriate governmental agencies be obtained, when required. SAL shall ensure that any work not acceptable to the applicable governmental authority or not reasonably satisfactory to the City, shall be promptly corrected, replaced, or brought into compliance, with such applicable codes and regulations at no expense to the City. Notwithstanding any failure by City to object to any such work, City shall have no responsibility therefore. 9. LIENS. SAI_ shall ensure that the Property shall be free from any mechanics', materialmen's or other liens arising out of any work performed upon or materials or furniture, fixtures or improvements delivered to the SAL facility. The City shall have the right, but not the obligation, at all times to post and keep posted on the Property any notices, which it deems necessary for its protection from such liens. If any such liens are filed and are not released of record by payment or posting of a proper bond within ten (10) days after such filing, City may, without waiving its rights and remedies based on such breach by SAL and without releasing SAL from any obligations hereunder, cause such liens to be released by any means it shall deem proper, including payment of the claim giving rise to such lien in which event all amounts paid by City shall immediately be due and payable by SAL. 10. CONSTRUCTION MEETINGS. SAL shall provide the City with reasonable notice all construction meetings with respect to the Project and opportunity to attend all such meetings. The City shall be provided with copies of all meeting minutes prepared by the Contractor with respect to such meetings. 6 01- 564 • • 11. PROGRESS REPORTS. SAL shall submit to the City progress reports detailing the progress of the construction of the improvements not less often than once per month. Additionally. SAL shall conduct monthly meetings with the City to discuss and address any issues pertaining to the conformance of the work to the Construction Documents, proposed or potential change order, and other matters pertaining to the construction, occupancy and operation of the Sal facility. 12. PAYMENT PROCEDURES. SAL shall utilize the City's payment procedures for similar projects with respect to requisitions for payment submitted by the Contractor. All such Requisitions for Payment shall be reviewed and approved by SAL, Bovis, the Architect and the Contractor before being submitted to the City for review and approval, which shall not be unreasonably withheld or delayed. The Requisitions for Payment shall comply with all requirements imposed by the Safe Neighborhood Grant Funds in connection with funding and shall include, but not be limited to, the following: total project cost, the schedule of values contained within the construction budget, change orders to date, the amount of the payment request, allocation of work and project balance. The Requisition for Payment shall be accompanied by (i) lien waivers or releases from any party with a right to file a lien against the Improvements whose payment was covered by a previous requisition, together with such other lien waivers, releases, paid bills and other items as the City may require and (ii) written certification from the City's Consultant to the effect that the work performed to the time of the requisition was completed in accordance with the Plans and the information contained in the Requisition for Payment is accurate, and (iii) such other documentation as may be reasonably required by the City. 7 KIIIXli� 01- 564 • E 13. SAFE NEIGHBORHOOD GRANT. SAL acknowledges and agrees that the Safe Neighborhood Grant funds will be available for use the Project in accordance with the Safe Neighborhood Grant Budget attached hereto as Exhibit "C" (the "Safe Neighborhood Grant Budget") and made a part hereof. The Safe Neighborhood Grant Budget sets forth the scope of work, which qualifies for payment utilizing Safe Neighborhood Grant funds. SAL covenants and agrees to comply with rules, regulations and guidelines for the use of Safe Neighborhood Grant Funds, copies of which are attached hereto as Exhibit "D" (the "Safe Neighborhood Guidelines"). At such time as portions of the scope of work included in the Safe Neighborhood Budget are completed, SAL will submit a payment requisition signed and approved by the Contractor, the Architect and SAL to the City for payment. Upon approval of the requisition by the City, the City shall advance the funds to SAL and thereafter seek reimbursement from the County. SAL acknowledges that the County has the independent right to inspect those portions of the Project funded with Safe Neighborhood Grant finds and in the event that any portion of such work is found to be defective or does not qualify for refund. SAL shall promptly cause the Contractor or any other responsible party to take such curative action as may be required to bring the Project into compliance. 14. SAFE NEIGHBORHOOD SIGNS. SAL acknowledges that the Safe Neighborhood Guidelines require temporary construction signs to reflect that the Safe Neighborhood Grant is being utilized for the Project. 15. SAL CONSTRUCTION CONTRIBUTION AND COST OVERRUNS. SAL acknowledges and agrees that the only financial commitment of the City is to make available to SAL the Safe Neighborhood Grant funds of $498,000 to the extent PI $z114xM�: 01- 564 that such funds are available. SAL shall have deposited in a separate construction account (the "Construction Account") the estimated amount of $702,000, which amount can be adjusted based upon the final construction cost of the project necessary to - complete the construction of this project. SAL shall submit to the City satisfactory evidence that the funds are available prior to commencing the work of the Project. The City shall have no other financial responsibility regarding the Project. Without the City's prior written approval, SAL shall take no action that may result in overruns or changes in the scope of the Project which result in an increase in the cost of the Project. In the event of cost overruns, or any other increases in the cost of the Project, it is understood and agreed that SAL shall be obligated to pay all such additional costs and that the City will have no obligation with respect thereto. SAL shall deposit in the construction account additional funds to cover cost overruns prior to the authorization by the City. 16. OWNERSHIP OF IMPROVEMENTS. The improvements are and shall remain at all times the City's property. Title to the SAL facility, the Site and all buildings and improvements thereon shall be vested in City. 17. SAL's RESPONSIBILITY. SAL will be responsible for overseeing all aspects of the Project, including without limitation, bidding procedures, negotiation of the Construction Contract, contract administration and compliance with the Safe Neighborhood Guidelines. 18. BONDING AND INSURANCE. SAL shall maintain a Performance Band in the amount of one hundred twenty five percent (125%) of the total construction cost, or in such other amounts as may be designated by the City. SAL shall be responsible for maintaining or causing to be maintained said bond in fail force and elfect IJ 01- 564 • • throughout the construction term of this agreement. Prior to the commencement of any construction work on the Property, SAL agrees to obtain, or require the Contractor to obtain and maintain at all times during the Term, and deliver to the City a Payment and Performance Bond, and such insurance coverage, as may be required by the City, in the City's sole discretion. Without limiting the City's right to review and amend its insurance requirements hereunder. SAL agrees to maintain or cause to be maintained: (a) Property Insurance. Builder's Risk Insurance on the Project against all risks of physical loss or damage to the Project. The insurance shall be written on a full replacement cost basis. (b) Liability Insurance. Commercial general liability, including contractual liability, or an equivalent policy form providing liability insurance against claims fbr personal injury or death or property damage, occurring on or about the Project or any elevator, escalator, or hoist used for the construction of the Project. Such insurance shall afford protection to at least a combined single limit for bodily injury and property damage liability of $1,000,000 per occurrence. Professional liability insurance covering errors and omissions arising out of all professional services rendered in connection with the design and engineering of the Project with coverage in an amount no less than $250,000. (c) Wooer's Compensation. Worker's Compensation and Employer's Liability Insurance in compliance with Florida Statutes F.S. 440. (d) COpjes. On or before the commencement of construction of the Project, SAL shall furnish evidence and policies of insurance to the City and 10 01- 564 which shall clearly indicate that SAL has obtained insurance in the type, amount and classifications required by this Agreement. Evidence of insurance for renewal policies replacing any policies expiring during the term of this Agreement shall be delivered at least twenty (20) days prior to the date of expiration of any policy together with proof that all premiums have been paid. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, having such qualifications as are acceptable to the City. The insurance required by this Section may be provided by the contractor performing the work in question so long as the amount of insurance available to pay losses is at least the minimum required by this Section. (e) Named Insured. All policies of insurance required by this Section shall indicate, as named or additional insured the City. if required under the Safe Neighborhood Park Bonds requirements or such other entity as may be required thereunder. All insurance policies shall provide that no material change, cancellation or termination shall be effective until at least thirty (30) days after written notice to the additional and named insured. All insurance policies hereunder shall be subject to the review and approval of the City's Department of Risk Management. (f) hlmg= = Does Not Waive 5AL's Obliggio . No acceptance or approval of any insurance hereunder shall relieve or release SAL from any liability, duty or obligation under this Agreement or other Agreements. 01- 564 11 (g) Prog-f of Los s. Whenever any part of the Project shall have been damaged or destroyed by fire or other casualty, SAL shall promptly make proof of loss in accordance with the terms of the applicable insurance policies and shall promptly prosecute all valid claims which may have arisen against insurers or others based upon any such damage or destruction. SAL shall promptly give the City written notice of any damage or destruction to the Project. (h) Proverty Insurance Proceeds. 1) Alghorizr4 Payment. All sums payable for loss and damage arising out of the casualties covered by the property insurance policies shall be payable to the Insurance Trustee, to be disbursed to SAL. 2) Disposition of Insurance Proceeds for Reconstructing. Subject to the Safe Neighborhood Grant funds requirements, (if any), all insurance proceeds shall be used, to the extent required, for the reconstruction, repair or replacement of the Project, so that the Project shall be restored to a condition comparable to the condition prior to the loss or damage (hereinafter referred to as the "Reconstruction Work"). (i) Covenant fpr Commencement and Completion of Reconstruction. Subject to the provisions of this Section, SAL covenants and agrees to promptly submit any claim for daunage to the insurer and to commence the Reconstruction Work as soon as practicable (but in any event within three (3) months after the insurance proceeds have 12 oiy 564 nnr� been received), and to fully complete such Reconstruction Work as expeditiously as reasonably possible. (j) Waiver of subrogation Rights. Anything in this Agreement to the contrary notwithstanding, the City and SAL, each hereby waive any and all rights of recovery, claim, action, or causes of action against the other, its agents, officers, directors, partners, investors, or employees, for any liability, loss or damage that may occur in. on, about or to the property that is the subject of this Agreement and/or any improvements from time to time existing thereon, or to any portion or portions thereof, or to any personal property brought thereon, by reason of fire, the elements or any other cause(s) which are insured against under the terms of valid and collectible insurance policies carried for the benefit of the party entitled to make such claim, regardless of cause or origin, including negligence of another party hereto, its agents, officers, directors, partners, investors, or employees; provided that such waiver does not limit in any way any party's right to recovery under such insurance policies, and provided further that the insurer pays such claims. SAL shall obtain an endorsement to all insurance policies to effect the provisions of this Section 18. 19. RECORDS AND AUDITS. SAL acknowledges and agrees to maintain complete records and comply with all requirements to document the activities required by the Safe Neighborhood Guidelines. The City shall have the right to conduct audits of SAL's records and to visit the Project in performance of the work in order to conduct its monitoring and evaluation activities with respect to the Project. SAL shall cooperate with the City in performing these activities. SAL's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the City if any 13 01.- 564 $1,1MM • • inconsistency, or incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the City. 20. TERM. The term of this Agreement shall commence on the date it is fully executed by all parties and shall end on the date on which all of the obligations, rights and responsibilities of the parties with respect to the Project have been completed. 21. REMEDIES FOR NONCOMPLIANCE. If SAL materially fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the City shall hive the right to take one or more of the following actions: a. Temporarily withhold cash payments pending correction of the deficiency by SAL. b. Disallow use of the Safe Neighborhood Grant funds for all or part of the cost of the Project not in compliance and suspend further advances pending compliance with the corresponding Grant requirements. In such case SAL shall reimburse the City all funds advanced by the City, which do not qualify for reimbursement under the appropriate Grant. G. Take such other remedies that may be available at law or in equity. d. Notwithstanding the SAL's Construction Contribution the City shall have the right to (i) immediately terminate this Agreement and assume of all SAL's responsibilities hereunder, provided, however, that in no event shall the City's termination of this Agreement releases SAL from its continued obligation to pay its share of the construction cost, as SAL's Construction Contribution, or (ii) perform, on behalf of and at the expense of SAL, any 14 oi- 564 -19 obligation of SAL under this Agreement which SAL has failed to perform the cost of which performance by City, together with interest thereon at the rate of eighteen percent (18%) from the date of such expenditure, shall be deemed Additional Rent and shall be payable by SAI. to City upon demand. SAL agrees that City shall not be liable to SAL for any damage resulting to SAL as a result of such action. 22. INDEMNIFICATION. SAL shall indemnify, protect, defend and hold harmless the City, their officials and employees, from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising out of its performance under the Agreement, including specifically, without limiting the generality of the foregoing, compliance with the Safe Neighborhood Guidelines, Legal Requirements and Applicable Laws, whether such claim shall be made by an employee or member of SAL, an employee of the City, or by any third party, and whether it relates to injury to persons (including death) or damage to property and whether it is alleged that the City, or their employees or officials were negligent. SAL shall, at its own cost and expense, pay and satisfy all costs related to any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof. SAL shall further indemnify, defend, protect and hold City harmless from and against any and all claims arising from any breach or default in performance of any obligation of SAL's part to be performed under the terms of this Agreement, or arising from any act, neglect, fault or omission of SAL, its members, agents, contractors, employees and servants and from and against all costs, attorneys' fees, expenses and liability incurred in connection Is 01— 564 IIIIIIINIM with such claim or any action or proceeding brought thereon. In case any action or proceeding shall be brought against City by reason of any claim, SAL upon notice from the City shall defend the same at SAL's expense by counsel approved in writing by the City. The City reserves the right to defend themselves. SAL shall immediately notify the City, in writing, of any claim or action filed, of whatever nature, arising out of this Agreement. 23. NONDISCRIMINATION. SAL, for itself and on behalf of its contractors and subcontractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, marital status, or handicap in connection with its performance under this Agreement. Furthermore, SAL represents that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, national origin, age, marital status, or handicap, be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. 24. CONFLICT OF INTEREST. SAL covenants that no person under its employ, which presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in this Agreement. SAL further covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. SAL is aware of the conflict of interest laws of the City of Miami (City of Miami Code, Chapter 2, Article V), Miami -Dade County, Florida (Dade County Code, Section 2011-.1), and the State of Florida, and agrees that it shall fully comply in all respects, with the terms thereof. 16 01- 564 25. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 26. INDEMNIFICATION. SAL shall indemnify and save harmless the City, its agents, officers, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise out of SAL's performance under this Agreement, including all acts or omissions to act on the part of SAL and any of its contractors/subcontractors, employees, agents and any person acting for or on their behalf, and from and against any and all costs, attorney's fees, expenses and liability in relation to any orders, judgments, or decrees which may be entered against the City; and all costs, expenses and liabilities incurred by the City in connection with the defense of any such claims or in the investigation thereof. 27. AMENDMENTS. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. The City Manager has the authority to amend this agreement. 28. WAIVER OF JURY TRIAL. The Parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification hereof. This waiver of jury trial provision is a material inducement for the parties hereto entering into the transaction contemplated in this document. 29. OWNERSHIP OF DOCUMENTS. All documents developed by SAL 17 01- 564 or at its request pursuant to this Agreement shall be delivered to the City upon completion of the work contemplated by this Agreement, and shall become the property of the City, without restriction or limitation on its use. SAL agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the City to SAL pursuant to this Agreement shall at all times remain the property of the City, and shall not be used by SAL for any other purposes whatsoever, without the written consent of the City. 30. AWARD OF AGREEMENT. SAL warrants that it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 31. NON-DELEGABILITY. The obligations of SAL under this Agreement shall not be delegated or assigned to any other party without the City's prior written consent, which may be withheld by the City in its sole discretion. Nothing contained herein shall prohibit the contracting or subcontracting of services by SAL for the performance of the work contemplated by this Agreement. 32. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according with Florida Law. 33. TERMINATION OF AGREEMENT. The City retains the right to terminate this Agreement at any time without penalty to the City. In such event, the City shall give written notice of termination to SAL, who shall be paid for those services performed prior to the date of its receipt of notice of termination. In no case, however, 18 oi- 564 • • shall the City pay SAL an amount in excess of the total sum provided by this Agreement. It is hereby understood that any payment made in accordance with this Section shall be made only if no default has occurred in the performance of this Agreement. If SAL is in default, or if work contemplated hereunder is not being performed in accordance with the provisions hereof, the City shall not be obligated and shall not pay to SAL any sums due hereunder. 34. GENERAL CONDITIONS. A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. City of Miami Dept. of Parks and Recreation 444 SW 2nd Avenue, 8`s Floor Miami, Florida 33130 Attention: Alberto Ruder With copies to: City Attorney 444 SW 2nd Avenue, 9a' Floor Miami, Florida 33130 Shake -A -Leg 2600 South Bayshore Drive Miami, Florida 33133 Attention: Harry Horgan B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and 19 Oi_ 564 • • any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. D. 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. E. 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, then 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 to conform with such laws, that 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. 35. INDEPENDENT CONTRACTORS. SAL, its contractors, sub- contractors, and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the City, and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded classified or unclassified employees. Further, they shall not be deemed entitled to the Florida worker's compensation benefits as employees of the City. 20 oi- 564 • 36. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 37. ASSURANCE AND CERTIFICATIONS. SAL assures and certifies that: a. All expenditures will be properly documented and such documentation will be maintained on file. b. Periodic progress reports will be provided to the City. C. SAL will be liable to the City for any Safe Neighborhood Grant funds expended in a manner inconsistent with the work programs and work plans for the Project. d. No activity under this Agreement shall involve political activities. e. SAL possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of SAL's governing body, authorizing the execution of this Agreement and identifying the official representative of SAL to act in connection with this Agreement and to provide such additional information as may be required. 38. ENTIRE AGREEMENT. This Agreement and its attachments constitute the sole and only agreement of the parties hereto and correctly set forth the rights, duties and obligations of the parties hereto. Any prior agreements, promises negotiations or representations not expressly set forth in this Agreement zl 01- 564 116161=2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the day '2001. CITY OF MIAMI, a municipal corporation of the State of Florida Carlos A. Gimenez, City Manager SHAKE -A -LEG, MIAMI, MC. 22 01- 564 a� �5� •" �r �"a:k3 �SIMr i rfl .•� ■ • ;aqws MMIBIT "B" Li6d Low Preconwruction Phase: 1. Provide continuous evaluation of Owner's ouciget against anticipataa consvuctwn cost 2. Identify potential Moor ers. 3. Provide recommendations on construction system feasibdily, material selector. and value engineering alternates 4. Prepare and update preliminary project scneoute S. Provide recommendations on phased document issuance and construction sequences. 6 Prepare preliminary cost estimate, to be revised as information oecdm@% av8i18b1e. T. Generate site logistics ano safety plans. 0 Prepare Safety and Environmental Management System (SEMS) manual 9. Attend regulany scneduied design/construction review meetings with Inc Owner and Ar hrteet. Page 1 of 2 $16101am- ©1— 564 awns to" reit MG s,,,a ISM Mama tL 33'90 May 1, 2001 kso w SOS 373 8126 Marry Morgan, Executive Director fr r.w ShakwA•Leg Miami. 30 373 arta Universally Accessible Water Sports Center ,,ft,,,�,,,e1C 2600 South Baysnore Drive Miami, FL 33131 po" r"aw" WOW Reference. Shaka -A -Leg "1tiMolt %of" SAact: Construction Advisor near Marry. I would tike to take this opponuruty to congratulate you and the Snalte-A-leg foundation for the tremendous rob you nave done in spearheading the efforts toward your new fatuity. Bovis Lena Lease (BLL) is excited to oe a part of a teem wan so much energy and generosity for the community that ,s serves. You nave eeeome an integral tnread in Inc tactic of the community. We are pleases to serve as the Construction Advisor for the duration of the preconstruction, bidding, & construction pnases. We have planned to provide William 'Boil' Hope as a furl time on-site superintendent on an 'at -cost oasis: Mr Mope has 27 years of experience in the industry min the last 2 Y2 here with BLL. AddiliOnel administrative support wtlr be provided as necessary to perform project requirements as aescrioed below. Preconwruction Phase: 1. Provide continuous evaluation of Owner's ouciget against anticipataa consvuctwn cost 2. Identify potential Moor ers. 3. Provide recommendations on construction system feasibdily, material selector. and value engineering alternates 4. Prepare and update preliminary project scneoute S. Provide recommendations on phased document issuance and construction sequences. 6 Prepare preliminary cost estimate, to be revised as information oecdm@% av8i18b1e. T. Generate site logistics ano safety plans. 0 Prepare Safety and Environmental Management System (SEMS) manual 9. Attend regulany scneduied design/construction review meetings with Inc Owner and Ar hrteet. Page 1 of 2 $16101am- ©1— 564 Bidding Phase• t . Solo" suncontramr interest on the protect 2. Manage the dislnOwbOn Of documents and.coaeCGon Of ptopOsalf for subcont" C" 3. Evaluation and raoommendatm of most appropAate sUkentractor for eech scope of work Prepare swcontracts and scopes of work worth exon subcontractor as directed by S. Rome construction buaget to reflect selected subcontractors 00911 proposals. 6 tdentify and procure tong leas Mems as necessary so as not to impede the Now of work construction Phase. t. Assist in sCneduiing aha cooroinating applicable testing and ats'pecteart processes. 2 Schedule and attend CbnstruCWn progress meetings with Owner, Architect, r!; appdcabie subcontractors. 3. Provide monthly wooer reports aadressing the progress of the work. a Maintain a standard daily log covering items such as weather, sLd=ntmctor crew sizes, schedule aanerence, and problems ancounterea. 5 Develop a cost controi log to be continuously upoated to expose any differentiation between actual and estlmateC cost. 6. Review ana approve applications for payment from subcontractors. T. Coore rate project punch -list activities as required for project closeout. if you nave any quesu" or need any additional information, please feet free to CoAtaCt Aye at the Office at the number listed above. Thank you Landry Ray Preeonstruction Manager egR Mr t`F Ferning; EXHIBIT �] uction of a two story BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION LAND/BLDG ACQUISITION CONSTRUCTION 0 ne � hood parks ter for Shake -A -Leg programs. 0 Sc rhes I -T9 District Ej Fiscal Year Fiscal Year Fiscal Year TOTAL 1999-2000 2000.2001 2001-2002 SNP AWARD Eli O 7701 0 1 51 �"-- `6' l" �I 0 IIS -.=J 1 01 Remarks Interest Earnings 9913 Cash Match Required - $200,000 Match MUST BE PRIVATE, not public funds. Page I of 2 01 —IIIIIXl.�ilr 564 190,000 I—c J 0 1 190, 000 q 0 C— al0 C--� _ r-- o1 0 0 r---0------� o------� o I o r------� r— 61 1 r---�j ---� 1 �--� 711 -------� a U 0 L —�0 Construction Contingency r 70,000 61 1 0 r 10,000 TOTAL CONSTRUCTION 200,000 F— I0 200,000 ART ALLOWANCE IMismi-Dade Only) 511 i_ v` 0 O FIXTURES, FURNITURE, EQUIPMENT F1 1 611 Ell OTHER COSTS 0 --01 1 �1 �------ l o1 0 -�0 0 �" 0 --�I 611 �Or— O, 1 71 Ell I 0 0 00 PROJECT CONTINGENCY --i0 --0� F EXPENDITURE TOTALS 200,000 0 0 [-- 200.000 Remarks Interest Earnings 9913 Cash Match Required - $200,000 Match MUST BE PRIVATE, not public funds. Page I of 2 01 —IIIIIXl.�ilr 564 spa irLd Per c,pu, o '""'Y%eS <<i �l avowipht ro„,. • ns� hated • EXHIBIT _c ,J p"ice District 7j CITY OF MIAMII Vinick Gym Water Sports Center Construction of interior of hanger and administrative su000rt facilities. 1,285,500 0 Fiscal Year Fiscal Year Fiscal Year TOTAL BUDGET ITEMS 1999-2000 2000-2001 2001-2002 SNP AWARD PLANNING 0 I 0 I 0 0 DESIGN �– _ 0 –011 El 0 PROJECT ADMINISTRATION 50,000 �; 0 j 011 50.000 LANDiSLOG ACQUISITION 0 ^� 011 -0-1 CONSTRUCTION —off 1 u 1 I " 1 p ( o 1,285,500 0 0 r 1,285.500 0 0 1 �_ al 0 0 01 1 0 :01 F 70 �; 0 j El ( -oil 0 0 r- ooEI o I 1 —off 1 u 1 I " 1 p ( o :0:1 1 Q construction Contingencv 70.0001 101 –moEli 1 " 1 70.000 TOTAL, CONSTRUCTION 1,355,500 11 Of 001 1,355,500 ART ALLOWANCE (Miami -Dade Only) —01 �� 0l I E 1 0 FIXTURES, FURNITURE, EQUIPMENT 0 0 F——Oif 0 OTHER COSTS oil V t 1 0 0 01 r- p'11 O 0 01 2r01I El 0 0 0 F-----70 0 D D r---� _ Q PROJECT CONTINGENCY 30,0001 011 30,000 EXPENDITURE TOTALS 1,435,500 11 —o—j 1,435,500 Remarks Bond Issuance $14,500 Page 2 of 2 1XIMc .. oi- 564 • ADMQVLSTRATIVE RULES FOR SPECIFIED PROJECT GRANT AND PER CAPITA ALLOCATION PROGRAMS 1. BACKGROUND These administrative rules govern the implementation of the Safe Neighborhood Parks Ordinance No. 96-115 (the "Ordinance"). In accordance with Section 5(bx4) of the Ordinance, these rules have been prepared by the County Manager, and adopted by the Citizens' Oversight Committee defined in the Ordinance (the "Committee") following public workshops held throughout the County. 2. SCOPE These administrative rules have been prepared to address only those programs identified in the Ordinance as "Municipal per capita allocation and direct grants for specific projects", as more particularly defined in Section 3(a) of the Ordinance, and the "Grants for Specific Regional Projects", as -more particularly defined in Section 3(b) of the Ordinance (collectively, the "Covered Projects"). Specifically omitted from these administrative rules are those governing the "Challenge Grants", which rules will be adopted at a later time. 3. GENERAL Metropolitan Dade County administers all programs established under the Ordinance. Grant Recipients for Covered Projects are required to follow these administrative rules. Failure to do so may lead to disqualification. Additional administrative rules and/or application materials may be obtained by contacting the Committee. All inquiries, correspondence and Grant Applications should be addressed to: Citizens. Oversight Committee Safe Neighbo&ood Parks Bond Administration Metropolitan Dade County Suite 2710 111 N. W. First Street Miami, Florida 33128 Attention: Robin D. Pearsall 4. DEFU41 TIONS The following is a list of terms and definitions that are used in these administrative rules: a1- 564 s r.'9` ." e, •'e= f • 4 � ht�a �,u�^`' Y: i`� ��'. +a � �� F b �`r F".i � F ��a� y�+�c°i ��^ a{ ,.� }'. " �T �r�',7' 5•t' ?� �" —1-1a4— a �#41,Fri �,� Y LS � ro ^�.e . f�' L? i ru` r"� r v^>• 1' �Y3.� i".�i�� ;'wt '�.> x'x 5 1 ,�%a".� k,,�q'�a b,s � � c r .Q, a. �° air'•. �Lx x� s�t� � � t ,`� < � � �r��w tit 3.nx SI �`,`k"�+ �t 7t „.�.. ur ...v.x >^. . „, i�1P✓ -�'alZ k x� r "4. i.�t r1� t' € S s i is 'S'kv4 { r { Y.. s{.�NV"', �' x Y r 1 r< G t c .# r 4w,y 'T".w� � '� �^�� "'c *;fi ` .� u any ��r�,� ,,p ma - :.t^� }l o- t 't t /; � ry'vta ��s.'ta�r' if ""� % � � kdt �" � �#• 4t �� 'f Y x �r � k i � t "' � "+t, � .L''��a5 ZV a 5� �. � :Ss �, �•: �,..�,Y=. •^ Wp - r '� . '�p>t"yr,� a+�,',ar'.� 4 .�. p �.t � �� ,� �, :4�- . $ w 6'1y' ir�i � � i1� � k .• + 'c�t'Y ''�n�ea'�.t� � #i�A � �{ � x e .5 � nk `4 k i e+^ i � �' .F'► , 7 r� O t f Y �i.%L a ?� t �' .� r � �.. � 4 x � "✓r w� v �, >" �i5 T p- �' > ,� P}� r "",' '34 21 r. '� i y�� +� as �,k S �a -141 `Y • si� ;.�'t" � � � i 4fi l fi 4� r� � ,c ,t a'�h d�� x -�'ta. �€� 7 -,4 � �x+r,, .,��r t gas. '.. 4 s i�r• i'�"C t#" if, � 1 �` t "_w k �w � r i Yi�1.; r l +�7 r� "'..� Y ,� e k -..a z l,..• yt .� �� it �� '� * xi z *�3T1 �,t'�' n`{ .S t th � �7 4: Ss`'s �K h rw fl � M' r TY '�` N7�rTa m, � �` s z �n r-ip•�,sL��c'k3� `r� Rz `'' ix� + �� es s�, r.� r"+t ��.�'�v 3 re r } t a k r '+ � x Y " . � a r�, � 'M* to T � • • "Acquisition" means the act of obtaining real property or interests and rights in real property by various legal means to serve public outdoor recreation purposes. "Applicant" means a Public Agency or Not -for -Profit Organization which submits an application for Safe Neighborhood Parks bond funds during an announced Application Submission Period. "Application Submission Period" means the formally announced period of time for the subtnission of applications in a given Funding Cycle. "Committee" means the Citizens' Oversigbt Committee that is appointed by the Dade County Board of County Commissioners to administer the Safe Neighborhood Parks capital improvement program. "County" means Metropolitan Dade County, Florida. "Development" means the act of physically improving an area, facility, resource or site to increase its ability or capacity to serve public recreation and conservation purposes. "Funding Cycle" means the time between the opening of an Application Submission Period and execution of a Grant Agreement by the County. "Grant" means Safe Neighborhood Parks bond funds approved for use by an Applicant for implementation of a Project pursuant to these rules. "Grant Agreement" means an executed contract between the County and a Grantee setting forth mutual obligations regarding a Grant. "Grant Application" is the process descn'bed in these rules to make a formal request for Grant funds that commences upon submission by an Applicant of a Grant Application Form and ends upon declaration of ineligibility or the execution of a Grant Agreement. "Grant Application Form" means the form attached as Exhibit A to these rules the submission of which commences the Errant Application process. "Grantee or Grant Recipient" means a Public Agency or Not -far -Profit Organization receiving a Grant. *'Not -for -Prof t Organization" means any legally incorporated not-for-profit organization created under the laws of the State of Florida (the "State") and designated as a tax exempt entity by the United States Internal Revenue Service, which has among its purposes the provision of park and recreation services, gang prevention and intervention, tree -planting, or the conservation and preservation of lands for park, natural areas, scenic, historic, or open spaces. "Ordinance" means the Safe Neighborhood Parks Ordinance No. 96-115 11111191 6M. 01- 564 • • "Parks" means those areas of public land set aside for aesthetic, educational, recreational, or cultural use by the citizens of the County and the general public. "Pre -agreement Expenses" mesas eligible expenses identified in Section 7(B) of these rules incurred by a Grantee for accomplishment of a Project prior to full execution of a Grant Agreement. "Project" means work which is the subject of a Grant Application. "Public Agency or Public Agencies" means an agency or agencies or administrative division or divisions of the United States government, the State of Florida, the County, or any municipality within the County. "UMSA" means Unincorporated Municipal Service Area of the County, for which the County provides municipal services. 5. FUNDING CYCLES; GRANT APPLICATION SUBMISSION PERIODS A Funding Cycle shall be established by the Committee on an annual basis related to the sale of bonds, provided there are Safe Neighborhood Parks bonds remaining to be sold. Each Project determined by the Committee and the Board of County Commissioners of the County to be eligible shall be fimded during one or more Funding Cycles. Each Safe Neighborhood Parks Project is funded through a Grant. Eligible Public Agencies and Not -for -Profit Organizations must apply for these Grants. The Grants are implemented by Grant Agreements between the County and approved Applicants. Grant Applications shall be delivered on or before the last day of the announced Application Submission Period. With the exception of the initial Funding Cycle, the County shall publicize each Application Submission Period and other pertinent application information at least three (3) months prior to the deadline for submission of the Grant Application. The County may announce an additional Application Submission Period if funds remain or become available after the preceding Application Submission. Period is complete. Each Application Submission Period shall be publicly announced in newspapers of general circulation in the County. 6. INTTIAL FUNDING CYCLE; ENMAL GRANT APPLICATION SUBMISSION PERIOD The first funding cycle shall be o0en to eligible Applicants of Covered Projects only. Grant Application Forms for Projects to be funded during the initial Funding Cycle must be received by the Committee during the period commencing July 1, 1997 and ending July 31, 1997. A Grant must be executed within 90 days of Board of County Commissioners award of ©1- 564 0 • the Grant, unless approved by the Committee, for a Project to be eligible for a Grant during the initial Funding Cycle. The initial Funding Cycle is intended to meet the first year needs of each Project identified as eligible for award. The Applicant of each Project intended to be funded over multiple years shall identify in the initial Grant Application the anticipated duration of the Project, together with the estimated annual funding needs. 7. GRANT APPLICATION A. Complete Grant Application. An Applicant must submit a complete Grant Application in order to receive a Chant. A complete Grant Application means one that meets all the requirements of the Ordinance and these rules and is supported by proper documentation. Proper documentation includes all documentation reasonably required by the Committee or the County to enable determination of Project costs and other compliance with the Ordinance. Such documentation shall include: (1) Completed Specified Grant Program and Per Capita Allocation Program Application Form in the form attached as Exhibit A (2) A projected completion date for the Project. (3) Project location map. (4) For Development Projects, certification of ownership by the Public Agency or evidence of land tenure sufficient to satisfy the Committee that the project complies with the terms of the Ordinance. (S) A Public Agency shall submit a resolution, which at a minimum: (i) authorizes the execution of the Grant Agreement; (u) commits the Public Agency to complete the Project; (iii) as applicable, commits the Public Agency to provide operating, maintenance and programming funds upon completion of the Project, to the extent allowed by law; and (iv) provides that the Grant shall not be used in substitution of other capital project funding. (6) A Not -for -Profit Organization shall submit a board resolution which at a minimum: (i) authorizes the execution of the Grant Agreement; (ii) commits the organization to complete the Project; (iii) as applicable, commits the organization to provide operating, maintenance and programming funds upon completion of the Project; (iv) certifies that the organization is in good standing under Florida Law (with proof attached); and (v) certifies its IRS tax exempt status (with an UtS letter attached). (7) An Applicant may request funding for a major Project in phases. Each phase shall constitute a distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases shall commit to completing the Project as defined in the Grant 4 Ali- 564 • 0 Agreement unless otherwise modified by approval of the Committee in accordance with these rules and the Ordinance. (8) if a site plan exists or is developed it must be submitted as s000 as it is available. B. Pre -agreement Expenses. Prior to the effective date of the Grant Agreement, a recipient may incur eligible Pre -agreement Expenses and then after the effective date of the Grant Agreement pay for those costs using Grant funds, provided that: (1) The costs and activities funded are in compliance with the requirements of the Ordinance and these rules; and (2) Ile Pre -agreement Expenses were incurred after July 26. 1996. Ile incurring of Pre -agreement Expenses creates no obligation on the County to execute a Grant Agreement or otherwise satisfy those expenses. 8. CONTINGENCY AMOUNTS A. Construction Contingency. The amount of five percent (S%) to tea percent (100/6) of the construction contract shall be set aside as a construction contingency, to meet unforeseen site and other conditions during the course of construction. If the construction contingency included in the budget is less than five percent, the Applicant shall provide a written explanation in the Grant Application of why a lesser amount is deemed to be sufficient to meet project needs. B. Project Contingency. A project contingency is an amount included in the Project budget, over and above the construction contingency, intended to compensate for actual Project costs in excess of those specifically identified at the budget. The project contingency may not exceed fifteen percent (15 %) of the total Grant request. C. Unexpended Contingency Funds. Within ninety (90) days of the completion of a Project, a Grantee may request authorization from the Committee to utilize any unexpended construction contingency and/or unexpended project contingency funds. Unexpended contingency funds may be utilized either for further improvements to the Project for which the funds were allocated, in a manner specifically authorized by the Committee, or for other Projects within the jurisdiction of the Grantee, in a manner specifically authorized by the Committee. Any approved use of unexpended contingency funds shall be in the form of an amendment to the Grant Agreement. Any unexpended construction contingency and/or project contingency funds not authorized by the Committee for use for these purposes shaU revert to the Committee for utilization in accordance with the terms of the Ordinance. 9. ELIGiIBILITY DETERMINATION 01- 564 Following closure of an Application Submission Period, the Committee will review each Grant Application for funding eligibility and notify each Applicant of the eligibility or ineligibility of each of its Grant Applications. The Committee may declare a Grant Application to be: A. Ineligible. Declaration that a Grant Application is ineligible and cannot be made eligible by B, C, or D below. B. Eligible upon Adjustment. Declaration that a Grant Application is eligible upon adjustment of project scope, expenses, or requested funds. C. Eligible upon Submission of Required Documentation. Declaration that a Grant Application is eligible upon receipt of documentation missing from the Grant Application (e.g., proof of site control, resolution supporting the Application, cost estimate, site development plan) within a prescribed time period. An Applicant may request, in writing, that Committee staff extend the prescribed time period to submit additional application documentation for good cause. D. Conditional Eligibility. The Committee may determine that a Project is eligible for funding upon satisfaction of specified conditions. In the event that conditional approval is given, Committee staff shall verify that the conditions have been satisfied prior to disbursement of any bond funds. E. Eligible. Declaration that a Grant Application is fully eligible. 10. GRANT ADMINISTRATION A As a condition of award of a Grant the County and the Grantee shall enter into a Grant Agreement which sets forth the responsibilities and duties of each regarding administration of the approved Project and approved Grant. The Grant Agreement shall specify the Project's beginning and and date and shall incorporate such other terms and conditions as may be required by particular circumstances. B. Payment. Grantees are paid allocated Grant funds subject to the following conditions: (1) Cost of Issuance of Bonds. One percent of the value of each Grant award shall be earmarked for all costs incidental to the preparation, issuance and administration of the Safe Neighborhood Parks bonds. (2) Timing. Project costs eligible for reimbursement shall be incurred between the effective date of, and the Project completion date identified in, the Grant Agreement with the exception of Pre -agreement Expenses. (3) Cost Limits. Project planning, design and administration (e.g., feasibility studies, architectural and engineering services, bidding, Grant admiais, ation, Project management, etc.) are eligible Project costs provided that bond proceeds utilized to pay for such 6 01- 564 �PZIX�i� costs do not exceed seventeen percent (17%) of the total bond proceeds allocated to a given Project. Where a major Project is funded in phases, this cost limit may not necessarily apply to each individual Project phase, but must apply to the total allocation for the Project. (4) Grantees will use their own procurement procedures which reflect applicable Federal, state and local laws and regulations. (5) Grantees are responsible for managing the day-to-day operations of Grant supported activities. Grantees mast monitor Grant supported activities to assure compliance with the Ordinance, these rules, the Grant Agreement, and all applicable Federal, State, and local requirements. Grantees must monitor the achievement of performance goals. (6) Payments to the Grantee may be withheld at any time that the Grantee fails to comply with Grant award conditions. Funds withheld for failure to comply with Grant award conditions but without suspension of the Grant, shall be released to the Grantee upon subsequent compliance. (7) Where Projects are funded by sources in addition to Safe Neighborhood Parks bond funds, the Safe Neighborhood Parks bond farads shall be disbursed last, unless otherwise required by the terms of the additional funding sources. The Committee may approve in writing exceptions to this requirement. (8) In general, payment shall be made on a reimbursement basis. The only provision for advance payment is as follows. Upon execution of a contract for the purchase of land or for Project Development, e.g., consultant services, construction, or major equipment acquisition, a Grant Recipient may, upon submission of an advance payment request form substantially in the form as that attached to these rules as Exhibit B, receive an advance payment of up to 25% of the value of the Safe Neighborhood Parks bond funds awarded for the subject Project. Any advance payment received by a Grantee shall be maintained in an interest bearing account with a separate account number. All interest earned shall be reported and at the option of the Committee, utilized as an offset against the next request for payment or repaid to the County. The Committee prefers that Grant disbursements be made quarterly. However, Grant disbursements shall be made not more.oiien than once every month and not less often than semi-annually. For construction contracts utilizing percentage of completion as the basis of payment by the Grantee to the contractor, payments to the Grantee other than any advance payment will be based on the Grantee's actual rate of disbursement, assuming that rate of disbursement is not more often than once every month. Twenty-five percent of the value of the Safe Neighborhood Parks bond funding for a given Project shall be retained by the County until the Project is complete, unless otherwise approved in writing by the Codunittee. As a condition of reimbursement, Grantee sball complete, certify, and submit to the County payment reimbursement request forms, substantially is the form of that attached to these 7 01- 564: • _ rules as Exhibit C. Payment requests summarized substantially in the form attached to these rules as Exhibit D shaU be submitted with payment reimbursement request forms and shall be certified by Grantee's independent auditor on an annual basis. (9) Each Grantee will ensure that all contractors and consultants perform in accordance with the terms, conditions and specifications of their contracts or purchase orders. (10) Each Grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain all required financial records to properly account for all Safe Neighborhood Parks bond funds and any supplemental funds used for the Project. The Grantee shall at all times maintain a separate accounting of all Safe Neighborhood Parks bond funds. (11) The Grantee shall be responsible for completing the Project. If the total cost of the Project exceeds the value of the Grant, then the Grantee must provide any supplemental funds required. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that supplemental funds are needed, the Grantee must demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of Grant funds. The requirement for a Grantee to provide supplemental funds may be modified, in part or whole, by the Committee, to the extent that it approves in writing any reduction to the Project scope of work in accordance with the Ordinance. Approval of any reduction in scope of work is at the sole discretion of the Committee. C. Acquisition Projects. Guidelines and requirements for administering Acquisition Project Grants are as follows: (1) Appraisal Required. Prior to acquisition of a Project site, a Grantee must obtain an appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant to State law, if the property is S500,000 or less in appraised value, one appraisal is required. If the property exceeds S500,000 in appraised value, two appraisals are required. The appraisal shall be dated no earlier than six months prior to the closure of the Application Submission Period in which the Project Grant Application was submitted, and be prepared by an appraiser included on the list of approved appraisers maintained by the Metro -Dade General Services Administration. (2) Amount Authorized for Payment. The amount of Grant funds authorized for payment for land acquisition shall in no case exceed the Grant funds available for such purpose. In the event that the negotiated acquisition price exceeds by ten percent or greater the appraised value of the land, the disbursement of Grant funds shall be conditioned upon a written justification for the purchase price and other conditions attendant to the proposed purchase, Which justification is declared satisfactory by the Committee in writing. Appraisal costs are eligible Grant costs as long as the appraised property is being realistically and seriously considered for Acquisition, regardless of the outcome. 8 01- 564 ter I (3) Environmental Survey. The Grantee may not purchase property with Grant funds until a Phase l environmental survey is completed, which survey demonstrates that the property is suitable for its intended general use and for the specific Project. (4) Signage. For Acquisition only Projects, for six months following Acquisition, the Grantee shall post a sign, in the general design provided by the County, containing the Safe Neighborhood Parks logo, identiF*g the source of Project funding The cost of such a sign is eligible for payment from the Chant. (5) Ownership. Title to land acquired with Safe Neighborhood Parks bond funds shall vest with a Public Agency. For Covered Projects, that Public Agency shall be the Grantee. D. Development Projects. Guidelines and requirements for administering Development Project Grants are as follows: (1) Licensed Contractors; Contractor Bonds. All construction shall be performed by duly licensed or registered contractors. Construction contracts for work in excess of the threshold amounts established in Section 255.20 of the Florida Statutes shall contain payment and performance bonds which comply with the requirements of that Section. (2) Cost Elements. (a) Construction Equipment. Grantees are required to use their own equipment, if available. If a Grantee's equipment is used, the maximum Grant payment shall cover operating and routine maintenance costs of such equipment; any depreciation or replacement cost is excluded from payment by the Grant. If an Applicant's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the Project, and be signed by the operator and supervisor. If a Grantee does not have needed construction equipment available, then the Grantee may rent such equipment. (b) Construction Supplies and Materials. Supplies and materials may be purchased for a specific Project or may be drawn from a central stock, providing they are claimed at a cost no higher than that Y&ch the Applicant paid. When supplies and/or materials are purchased with the intention of constructing a piece of equipment, structure or part of a structure, the costs that are charged as supplies and materials may be capitalized according to the Applicant's normal practice or policy. If capitalized, only the cost reasonably attributable to the Project may be claimed under the Project. (c) Personnel or Employee Services. Services of the Applicant's employees who perform work directly related to the accomplishment of the Project are eligible costs. These costs must be computed according to the Applicant's prevailing wage or salary scales and may include fringe benefit costs, such as vacations, sick leave, FICA, MICA, health and life insurance, and workers compensation at the Applicant's established fringe benefit rate. Costs charged to the Project must be computed on the basis of actual time spent on the Project, 9 ()i- 564 IWO I and supported by time and attendance records describing the work performed on the Project. Overtime costs may be allowed under the Applicant's established policy, provided that the regular work time was devoted to the some Project. Salaries and wages claimed for employees working on grant.funded Projects must not exceed the Applicant's established rates for similar positions. (d) Consultant Services. The costs of consultant services necessary for the Project are eligible. The Applicant must pay consultants according to the Applicant's customary or established method and rate. No consultant fee may be paid to the Applicant's own employees. (3) Cost Activities. (a) Construction activities. The cost of all necessary construction activities, from site preparation (including demolition, survey, excavation and other site work) to the completion of a structure is eligible for payment from the Grant. (b) Fixtures, Furnishings and Equipment (FFdr.E). The cost of fixtures, furnishings and equipment necessary to operate the facility is eligible. Consummable goods stall not be considered eligible. (c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids relating to the Project is eligible. (d) During the time period of Development, the Grantee shall post a sign at the Project site, in the general design provided by the County, containing the Safe Neighborhood Parks logo, identifying the source of funding for the Project. The cost of such a sign is eligible. (4) Grantees are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. E. The following is a nonexclusive list of ineligible costs: (1) Grant Application costs. (2) Ceremonial expenses. (3) Expenses for publicity. (4) Bonus payments of any kind. (S) Charges in excess of the lowest responsive and responsible bid or proposal in accordance with the governing rules and procedures of the Applicant, when the law requires the Applicant to utilize competitive selection. 10 01- 564 (6) Charges for deficits or overdrafts. (7) Charges incurred contrary to the policies and practices of the Applicant. (8) interest expense. (9) Litigation expenses or judgments, except for those awards resulting from an eminent domain taking. program. (I0) The cost of services, material or equipment obtained under.any other (11) Costs of discounts not taken. (12) The cost of purchasing a -non-refundable option when acquiring land F. Changes. (1) Grantees shall adjust their Project budgets to reflect actual costs and updated cost estimates and shalt submit adjusted Project budgets to the Committee as requested. (2) Grantees shall obtain the prior written approval of the Committee whenever any of the following adjustments is anticipated under the Grant award: (a) Any revision which would result in the need for additional fuadmg for the Project. As a condition of the Committee's approval of any such change, the source of the additional funding shall be identified (b) For any Project involving both Acquisition and Development activities, any proposed budget transfer from Acquisition to Development or vice versa. . (c) Any proposed reduction or revision of the scope or objectives of the Project (regardless of whether there is an associated budget revision requiting prior approval). (d) Any need to extend the period of availability of funds. A request for prior approval of any budget revision will be in the same budget format the Grantee used in its Application and shall be accompanied by a narrative justification for the proposed revision. Such request for budget revision shall, if approved, amend the Grant Agreement. G. Cost Overruns. During the execution of work on a Project, the Grantee may find that actual Project costs exceed the approved budget. For cost overruns that will require- additional funding for the 11 01- 564 Project, or otherwise require a budget adjustment for which prior Committee approval is required pursuant to paragraph F above, the Grantee shall: (1) provide a justification for the additional costs; (2) identify available funds for the completion of the Project; and, if necessary (3) request from the Committee a reduction in the Project scope consistent with the terms of the Ordinance. The Committee, in its discretion, may authorize in writing a reduction in the scope of the Project: (i) where reduction of the scope is consistent with the Ordinance; and (ii) where the reduction is justified by the Applicant; and (iii) where the Applicant does not have sufficient funds to complete the Project with the available funds. 'The Committee, in its discretion, may also under those circumstances, identify other funds available under the Ordinance for the Project. 11. COMPLIANCE RESPONSIBUXI ES The following constitute general requirements for program compliance: A Land and facilities acquired, developed, improved or rehabilitated by Grant funds sucl shall be dedicated and maintained in perpetuity for recreational use for the benefit of the general public except where leases are in effect. AD projects shall be open to the public at reasonable times and shall be managed in a safe and attractive manner appropriate to public use. B. Grant funds for the purposes of development, improvement, rehabilitation or restoration shall be expended for these purposes only on lands owned by a Grantee or on lands for which the Grantee holds a lease or other use agreement. Such lease or other use agreement must be for an unexpired term of 25 years. The Grant Recipient may demonstrate the eligibility of the Project to the reasonable satisfaction of the Committee, through a joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of at least 25 years in duration. The lease must not be revocable at will. C. Grantee shall maintain all financial and programmatic records, supporting documents and other records pertinent to the Grant for a period of throe years from the starting date defined below. If any litigation, claim, negotiation, audit or other action involving the . records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period, whichever is later. When Grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the Grantee submits to the County its single or last expenditure report for that period. In all other cases, the retention period starts on the day the Grantee submits its final 12. expenditure report. 12 oi- 564 A. Grantee shall submit annual performance report. Annual report shall be due 90 days after each anniversary of the execution of the Grant Agreement, with a final performance report due together with the Project Completion Certificate, substantially in the form of Exhibit F attached. The arcual performance report shall be certified by the Grantee's independent auditor at the time the auditor certifies the payment request summary (Exhibit D). B. Performance reports will contain, for each Grant, brief information on the following: the period; (1) a comparison of actual accomplishments to the objectives established for (2) the reasons for failure to meet any established objective; (3) additional pertinent information including, who appropriate, analysis and explanation of cost overruns or high unit costs. C. Events may occur between the scheduled performance reporting dates which have significant impact upon the Grant. In such cases the Grantee must inform the County in writing as soon as the following types of conditions become known: (1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Grant award. This disclosure must include a statement of the action taken, or contemplated to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more beneficial results than originally planned. D. A summary progress report shall accompany each payment request. The summary progress report shall be substantially in the form of Exhibit E attached hereto, but shall be tailored to a Recipient's individual Gants. E. Grantee may be required to meet with the Committee to discuss the Project. 13. PROJECT CLOSE-OUT A Witib 90 days after the expiration or termination of the Grant, the Grantee shall submit to the Committee a Project Completion Certificate. B. The close-out of a Grant does not affect: (1) The County's right to disallow costs and recover funds on the basis of a later audit or review: 14 ©1- 564 • (2) The Grantees obligation to return any funds due as a result of later refunds, corrections, or other transactions; (3) Records retention responsibilities set forth above; (4) Continuing responsibilities set forth in the Ordinance and these rules; (S) Audit tights set forth in these rules. C. Any amounts paid to Grantee in excess of the amount to which the Grantee is finally determined to be entitled under the terms of an award constitute a debt to the County. if not paid within a reasonable period after demand, the County may reduce the debt by: (1) Making an administrative offset against other requests for reimbursement; (2) Withholding payments otherwise due to the Grantee; or (3) Taking other action provided by law. Any overdue debt of the Grantee shall accrue interest at the maximum rate allowed by law. 14. 1Q"T"RETATION; ADMIMSTRATION These administrative Hiles have been promulgated under the Ordinance. In the event there exists a conflict between these rules and the provisions of the Ordinance, the Ordinance shall Prevail. The Committee shall be authorized to interpret the provisions of these administrative rules, and the Committee's interpretation of any matters governed hereby shall be final. The Committee shall be authorized to amend these administrative rules, by majority vote, in accordance with its duly adopted bylaws, subject to applicable law. Staff to the Committee shall be authorized and required to administer the Safe Neighborhood Parks bond program cobsistent with the Ordnance and these administrative rules. Is 01— 564 W. 1 0 0 CITY OF MIAMI OF THE CITY CLERIC BID SECURITI' LIST IDB ITEM B RICKELL BAY DRIVE LANDSCAPING PROJECT, 0-4634 BID NO: 00-01-140 DATE BID(S) OPENED: MAY 17, 2001 TIME_�Tpp .BIDDER TOTAL BID AMOUNT BID BOND (ER) CASHIER'S CHECK TROPIC LANDSCAPING & LWAN MAINTENENCE $ 43,805.10 VOUCHER HOMESTEAD CONCRETE & DRAINAGE INC. 43,995.00 " ANNERMAN LANDSCAPING INC. 44,923.50 1" NOMAS MAINTENENCE SERV. INC. 47,529.60 PIc376 $0256176 received timely as c I i?- -� r ? r • '•• . _ - - -. i' ` other oilers submiucZ1 :1 ri ,---- to 11.1 are hereby_reiecied as lalo." . �........io' i. , QOAt - I Mn Sir- L. L w received envelops on behalf of PCrSOn r ei%i bids) PUBLIC WORKS on d (City Department) •— — (D e SIGN U: _ -Heputy Ciry Clerk CASH C% CHECKS_/ TOTAL DATE l u1 CITY OF MIAMI DEPARTMENT OF FINANCE CASH RECEIPTS FORM �► s �[ � i .�� IIIIIIIII Page I of / Pcepamd t jef-in r15 A DESCRIPTIONISOURCE ACCOUNT CODE 'iil pMENNEN ow- ■ mommommomom� MENEEMEME mmmmoom � Hill OMEN ENEME1 Em MENEENEEM� ENEWEENEEMEMEEMENN jef-in r15 10!Walter J. Foeman City Clerk FROM. /onPrat Department of Public Works rr�rrsianr■ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: April 20, 2001 FXE B-4634 SUBJECT: "Brickell Bay Drive Landscaping Project" REFCRE'NCES: ENCLOSWES' 1 Please note that contractors will submit bids for the following project: "BRICKELL 13AY DRIVE I.ANDSCAPINU PROJECT, B-4634" on Thursday, May 17th, 2001 at 11:00 A.M. Any bid submitted atter the time listed above, will not be accepted. Please make necessary provisions for this bid opening. The Project Manager Jose I ago, Engines r I a representative overseeing the project is going to be present at the time of opening. Should there be cancellation or postponement, we will notify you in writing, prior to the opening date of the bids. If you have uny questions, please contact me at 416-2131. TP/ip Encl. c: Albert Dominguez . t �^ Yvette Smith i Project Manager File I BID NO. 00.01.140 ADVERTISEMENT FOR BIDS Sealed bids for "BRICKELL BAY DRIVE LANDSCAPING PROJECT, 8+1634" will be received by the City Clerk of the City of Miami, Florida at 11:00 AM on the 17"day of May, 2001, at the City Clerk's Office, first floor of the Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, 33133, at which time and place they will be publicly opened and read. Any bid submitted after the above appointed time will not be accepted by the City Clerk. The project involves removing damaged trees along the Swale area located on the East side of Brickell Bay Drive between S.E. 14'x' Street and S.E 15'" Road and installing Cabbage Palms (Sabal palmetto) at locations identified by the City Engineer The work shall also include the clearing, grubbing, grading, shaping and installation of sod including any scarification or additional backfiil to provide a smooth transition along the swale area from the existing sidewalk to the existing curb. In addition, the existing metal chain barricading the waterfront connected between the concrete pedestals along the East side of Brickell Bay Drive shall be replaced with new galvanized metal chain and each concrete pedestal shall be primed & seated and repainted with exterior fiat while concrete paint, as approved by the Engineer. Bidders will furnish performance and bid bonds In accordance with Resolutions No. 86-983 and No. 87-916. For technical questions or clarifica ions__r_egardi g plans specifications, or City requirements. Ip ease submit written requests to Mr. John H. Jackson, P.E.. Director. Department of Public Works, 444 S W 2 _A7enue 8 Floor. Miami, Florida 33130.The written_ request_ may be faxed to (305) 416- 2153, followed by_mailing or hand_ delivering the written copy,_lJnder Miami -Dade Coun Ordin nces Nos__98- 106 and 99-1. there wilt be a "Cone of Silence'. during_ the bid period and the_Ciy's responses to questions must_be in writ_ing_ony.. Prospective bidders must be a Landscaping Contractor in Miami -Dade County as issued by Miami -Dade County Code, which authorizes the Bidder to perform the proposed work. Ail bins shall be subm`.tted in accordance witn the Instructons to Bidders and Specifications. New City regulations will require each bidder to submit proposals In duplicate originals. Specifications and Contract documents may be obtained at the Department of Public Works, 444 S 2n0 Avenue, 8`' Floor, Miami, Florida 33130, on or after Ap ll 24, 2001. There will be a LLD deposit required for the first set of specifications. Specs can also be mailed to bidders upon written request to the Public Works Department including a separate check in the amount of $8 Additional sets may be purchased for a non-refundable fee of S20. Deposits will be refunded only upon return of one set of specifications to the Department of Public Works, unmarked and in good condition within two (2) weeks after the opening of the bids. Bidders are alerted to the provisions of Ordinance Nos. 10062, 10538 and 10332 regarding allocations of contracts to minority vendors contractors and sub -contractors. THIS PROJECT HAS BEEN DESIGNATED AS A SET-ASIDE FOR CITY OF MIAMI CERTIFIED BLACK, FEMALE, AND HISPANIC - OWNED FIRMS. DETAILS ARE CONTAINED IN 810 SPECIFICATIONS. ALL BIDDERS WILL BE REQUIRED TO SUBMIT AN AFFIRMATIVE ACTION PLAN AS REQUIRED IN SAID ORDINANCES AND THEIR CURRENT MlWBE CERTIFICATION, UPON REQUEST. (Ordinance is contained in bid specifications). The City of Miami has adopted Ordinance No. 10032, which implements the "First Source Hiring Agreement The object of this Ordinance is to provide employment opportunities to City of Miami residents on contracts resulting in the creation of new permanent jobs. Contractors may be eligible for wage reimbursement under this program. For further information contact the Department of Public Works, City of Miami, at (305) 416-1200. Proposal includes the time of performance, and specifications contain provisions for liquidated damages for failure to complete the work on time The City Commission reserves the right to waive any informality in any bid, and the City Manager may reject any of all bids, and readvertise. (B-4634, Req. 05500). Carlos A. Gimenez City Manager §Tart wn