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Res. No. 162-08-12759
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR AN AMOUNT OF $193,533.00 FOR THE ARCHITECTURAL & ENGINEERING SERVICES FOR DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE SOUTH MIAMI AQUATIC FACILITY, TO BE CHARGED TO THE GRANT ACCOUNT NUMBER 106- 1790 - 572 -6506; PROVIDING FOR AN EFFECTIVE DATE. VMEREAS, the City of South Miami has received a grant from the Miami -Dade Office of Community & Economic Development for the purpose of providing the architectural & engineering services for design & construction documents of the South Miami Aquatic Facility; and WHEREAS, Corzo Castello Carballo Thompson Salman, P.A. (C3TS), Inc., is a Miami -Dade County approved vendor who has conducted similar services throughout the County and has already been given the written authority to conduct the same architectural & engineering services for the City of South Miami Aquatic Facility by the Office of Community & Economic Development; and WHEREAS, Corzo Castello Carballo Thompson Salman, P.A. (C3TS), Inc., will provide the architectural & engineering services for design & construction documents of the South Miami Aquatic Facility for an amount of $193,533.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF T-,-,m CITY OF • FLORIDA . Section 1: That the City Manager is authorized to issue a Work Order to Corzo Castello Carballo Thompson Salman, P.A. (C3TS), Inc., for the architectural & engineering services for design & construction documents of the South Miami Aquatic Facility Section 2: Payment in an amount of $193,533.00 is to be charged to the Grant Funds/Murray Park Pool Account number 106 - 1790 -572 -6506 with account balance of $276,000.00. Section 3: This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this7th day of October , 2008. ATTEST: - -� o_� — CITY CLERK READ AND APPROVED AS TO ORM: CIT TORNEY • • • , 4 (J_Y�CA, oN, �Z A OR Commission Vote: 5-0 Mayor: Horace Feliu Yea Vice Mayor: Brian Beasley Yea Commissioner: Randy Wiscombe Yea Commissioner: Jay Beckman Yea Commissioner: Velma Palmer Yea R47914E An I M. All-Aniedca City CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM 2001 To: Honorable Mayor Feliu, and Members of the City Commission Via: Ajibola Balogun, City Manager From: Cesar Garcia, Director Parks & Recreation Department 0 Date: September 23, 2008 Agenda Item No. :j— Subject: Authorizing City Manager to issue a Work Order to Corzo Castello Carballo Thompson Salman, P.A. (C3TS) Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR AN AMOUNT OF $193,533.00 FOR THE ARCHITECTURAL & ENGINEERING SERVICES FOR DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE SOUTH MIAMI AQUATIC FACILITY, TO BE CHARGED TO THE GRANT A COUNT NUMBER 106-1790-572-6506; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to issue a Work Order to Corzo, Castello Carballo Thompson Salman, P.A. (C3TS) for the architectural & engineering services for design and construction documents of the South Miami Aquatic facility, Reason/Need: The City of South Miami has been awarded a grant from the Office of Community & Economic Development (O.C.E.D.) to proceed with the architectural & engineering services for design and construction documents for the City of South Miami Aquatic Facility. The attached resolution would allow the City Manager to issue a Work Order to Corzo Castello Carballo Thompson Salman, P.A. (C3TS), Inc., a Miami-Dade County vendor, as approved by the Office of Community & Economic Development (O.C.E.D.) to commence preparation of all design & construction documents associated with Aquatic Facility Project. Cost: $193,533.00 Funding Source: Funding for this payment is included in the current Grants Funds/Murray Park Pool Account Number 106-1790-572-6506 whose source revenue account number is 106 -0000- 337 -3006 made possible by the Office of Community & Economic Development Grant for this project which holds a current balance of $276,000.00 Backup Documentation: Proposed Resolution Letter of C3TS Approval from O.C.E.D. Copy of proposed (C3TS) Service Agreement Copy of FY 2208 Fully Executed O.C.E.D. Pool Design Contract Copy of Service Agreement between (C3TS) & Miami- Dade County Copy of Fully Executed City Resolution approving the O.C.E.D. Grant C3TS Reference Materials for Pool Projects Carlos Alvarez, Mayor September 22, 2008 Mr. W. Ajibola Balogun City Manager / Public Works Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. I st Court - 14th Floor Miami, Florida 33136 T 786-469-2100 F 786- 469 -2236 miamidade.gov Re: Request for Approval of Design Architectural Firm fZiurray Park Aquatic Center — Design Phase) Dear Mr, Balogun: In response to your agency's. request for approval of the City of South Miami's recommendation of the design architectural firm, Corzo, Castellal, Carballo, Thompson and Salman, P.A. (C3TS) firm's qualifications and proposal for architectural/engineering services package received on September 9, 2008. Staff reviewed your request to determine compliance with the terms of the CDBG Contract and the federal procurement requirements used to select the subcontractor, and to verify that the minimum elements are incorporated in the proposed subcontract agreement. It Was noted that due to the time constraints to meet the December, 2008 deadline, it was necessary for the City to exercise its "piggy-back contracting policy". The language and content used in the proposed Professional Services Agreement has been reviewed and meets the Office of Community and Economic Development's (OCED) requirements. Should you have any questions, please contact me at 786-469-2220. Sincerely, etitia S. Goo son Contracts Officer Project Management Unit Cc: Jose Olivo, CSM, Project Manager Carol Aubrun, CSM, Grants Administrator Maria Rodriguez-Porto, OCED, Engineer 3 Sonia Colon, Team Leader, Project Management Unit Winston Parkinson Principal Planner Central File: FY 2008 CDBG September 3, 2008 City of South Miami Public Works Department 4795GjW.75 thAv8Dug Miami, Florida 33155 Attention: ~-----~-- ���f�ra���~ ^ncxxs�rS ^ swe|Nesns pLxwwEns PUBLIC RELATK)NS Dear Mr. Olivo, 9,outh Miami, FL Architectural & Engineering Services for Proposal # P2008-1 1 Oa We are pleased to submit for your consideration the following scope of services for the development of the design of the new aquatic facility for the City of South Miami located at Murray Park. The scope of services will consist in providing the following: schematic design, design development, construction documents h] include architecture, irrigation, ck/|.sLnQctuud, mechanical, plumbing and electrical engineering drawings and landscape architecture up E80085022 through bidding and award as specifically outlined below and as described in the Professional /\/vC002142 Services Agreement between Miami-Dade County, Florida and Consultant for Professional Services: Agreement/Project #AO5-R4RK-O7-1' C3TS will coordinate a survey firm tO provide an updated survey for this project. Description of the project scope of work and/or the project elements included on this Murray Park Bath House, Concession, Pools and Pool Deck The goals for this project are to provide the City of South Miami Murray Park with @Non- enclosed • and reo[eetk»Oa| pOo|. This pool will have practice blD8s (up to 8/& accessible 3'-O" deep basin area approximately, 2O'X401 but ie intended for high school swimming competition use and b875 x67'iDSiz8andvNUb8providndmjth exterior retractable bleachers. • A children's aquatic playground Ofminimal (6" depth) with aquatic play structures and elements typical of the type being done for other local noDnicip@Uh8S' This feature will be of approximately 3,000 s.f. and include Up to 6 fg81Ur8s of which one will be aGUde. • A support "bathhous(Y' to include restrooms lockers and showers for both sexes as well aa concessions /non-cooNnQ1 support and office space appropriate to the adjoining aquatic facilities only. This structure will also incorporate RD open air screened enclosure for equipment. • The above scope will require the relocation of an existing double full size basketball court. Said court tobe located due west of the current multipurpose facility. • A new lighted asphalt parking area with 12 parking stalls with 2 accessible 8pOlG. • All of the above improvements to Murray Park will be provided with sports lighting. 901 Ponce de Leon Boulevard, Suite 900, [oral Gables, R ' 33134 305.445.2900 800.448.0227 Fox 305.445.3366 wzemuc3ts,czob Equal Opportunity Employer Corzo, Castella Carballo Thompson Salman, P.A. City of South Miami — Murray Park Aquatic Facility Project Number: P2008 -11 Da Design • No off-site utility improvements are foreseen for this project. • Add a vehicle drop-off area connecting the new parking east of "bathhouse" and east of existing CRA Building to improve traffic and pedestrian circulation in the area. Payment for basic services shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. 1. Phase 1: PROGRAMMING AND SCHEMATIC DESIGN: (10% of the Basic Services) SUBTOTAL FOR PHASE 1: $20,000.00 Estimated Completion Time for this Phase is a maximum 30 Calendar days See attached proposals for the Geotechnical and Land Survey for permit plans from the above allowance are as follows: (Geotechnical Report) Total: $8,144 plus 1.10 management $8,958.40 (Land Survey) Total: 3,500 plus 1.10 management 3,575.00 (Rendering) Total: 6,000.00 SUBTOTAL PHASE 1: $38,533.40 (20% of the Basic Services) SUBTOTAL FOR PHASE 11: $45,000.00 Estimated Completion Time for this Phase is 45 Calendar days In addition, we will provide at the end of the design development phase as an additional deliverable a study to reflect the following prior to commencing construction documents: Cost of Construction Cost of yearly operations to include: A. Maintenance labor B. Maintenance materials C. Estimated operational manpower costs for supervision, control and safety D. Estimated revenue projection based on similar facilities within the county limits. It is estimated that the cost of construction for this facility including collateral work required for its development will be approximately $1.8 million dollars. 3. Phase III: CONSTRUCTION DOCUMENT DEVELOPMENT: (40% of the Basic Services @ 50% plans submittal) SUBTOTAL FOR PHASE III - 50%: $52500.00 (65% of the Basic Services @ 100% plans submittal) SUBTOTAL FOR PHASE III - 100%: $52,500.00 Estimated Completion Time @ 50% plans submittal 45 calendar days. Estimated Completion Time @ 100% plans submittal 45 calendar days. 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, FL 33134 305.445.2900 800.448.0227 Fax 305.445.3366 www.c3ts.com Equal Opportunity Employer Corzo Castella Carballo Thompson Salman, P.A. City of South Miami — Murray Park Aquatic Facility Project Number: P2008-1 10a Design 4. Phase IV: BIDDING AND AWARD OF CONTRACT: (70% of the Basic Services) SUBTOTAL FOR PHASE IV: $5000.00 a. Her; TAL Bidding Package to be completed by December 2008. Please indicate your acceptance of this proposal by issuing your service order. We will begin work upon receipt of the service order & will work diligently to complete our services in a timely manner. Sincerely, Ramon Castella, P.E. Principal Corzo Castella Carballo Thomson Salman, P.A. cc: Wesley A. Castellanos, PM 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, FL 33134 305.445.2900 800.448-0227 Fax 305,445.3366 www.c3ts.com Equal Opportunity Employer P(3)S Al, L.L.0. PROFESSIONAL SURVEYORS & 1\gA.PPI+ R.S August 28, 2008 Wesley A. Castellanos, Designer/ Project Manager Corzo Castella Carballo Thompson Salrnan, P.A. 901 Ponce de Leon Boulevard, Suite 400 Coral Gables, Florida 33134 Re. Proposal for a Topographic Survey of Murray Park of the City of South Miami Dear Mr. Castellanos, We are privileged to be considered by C3TS as a possible contractor. Pursuant to your request, enclosed is our proposal for the surveying services you requested. If you have any questions or require any additional information, please call me at 305 -463 -0912. Scone of Services B Topography 1 elevations of all aboveground features, from right -of -way to the centerline. G Features to be located, but not limited to, trees, sidewalks, manholes, signs, fences, driveways, etc... a Invert & pipe information for sanitary & drainage structures will be provided, if any exist. o Control points will be set at site, both horizontal & vertical. e Vertical Datum will be theNational Geodetic Vertical D>aturn of 1929. ® A digital file in Autocad, ASCII, together with printed hard copies, will be delivered. Professional Fee forTotalSer im: S3250.00LumpSurn It is our policy to complete our work in the most efficient manner. Please rest assured that we would utilize our best efforts on the client's behalf. We are prepared to proceed with the work described above and appreciate the opportunity to submit our proposal and look forward to working with you on this project. We request that you acknowledge acceptance of the proposal by signing this letter and returning it to us at your earliest possible convenience. P(3 )SM, L.L.C. OTS e v I o k rdo M. Suarez, .S.M ate Authorized Representative President, For the Firm ( Print Name) 3900 N.W. 79th Avenue - Suite 235 Doral, Florida 33166 Phone 305 - 463 -0912 • Fax 305- 463 -0913 Date August 27,2009 C3TS 901 Ponce de Leon Blvd, Suite 900 Coral Gables, Florida 33134 Attention: Mr. Wesley A. Castellanos, P.E. Re Proposal for Geotechnical Services Proposed Murray Park Miami-Dade County, Florida TIERRA Proposal No. 0808-321 Dear Wes: Per your -request, UERRA is pleased to submit this proposal for providing subsurface exploration for the proposed Murray Park improvement in Miami, Florida. This proposal includes a summary of our understanding of the project, an outline of our proposed scope of work, an estimate of the total job cost, and our anticipated schedule for completion of the work. Some limited information regarding the proposed construction was obtained in a transmittal letter. It is our understanding that the proposed construction will consist of a one story facility building, a pool with bleachers and associated parking. Structural loading information has not been provided at this time. PROPOSED SCOPE OF WORK To explore the subsurface conditions within the proposed areas, we were requested to drill six SPT borings and three percolation tests. We proposed to drill the SPT borings to a depth.of 20 feet. Some adjustments in the boring depths may be necessary depending upon the subsurface conditions encountered. Within the Wrings, penetration resistance testing will be performed in general accordance with the requirements of ASTM designation D 1586. Borings will be approximately located in the field by our drilling personnel by measuring distances with a tape from known reference points. Elevations at boring locations can be interpreted from a topographic plan if furnished by others. 2765 VISTA PARKWAY, SUITE 10 - WEST PALM BEACH, FLORIDA 33411 (561) 697-8536 a FAX (561) 687-8670 State ofAtor0a FYqfessfdrtaL9ngfnee,—. Lik-ense #M6 Prior to drilling at, the project site, TIERRA will notify the local utility companies and request that underground utilities be marked. Our experience, however, is that the utility companies will not mark privately owned utilities. We can facilitate the use of a Ground. Penetrating Radar (GPR) to locate private utility lines that may interfere with the proposed boring locations, if needed. Upon completion of the field exploration, the boreholes will be grouted. Visual classifications of samples will be performed and some laboratory testing, if required, will be performed on selected samples. The results of all drilling and laboratory testing will be evaluated by a geoteclinical engineer. A report will be issued that contains the exploration data, a discussion of the site and subsurface conditions, recommendations for foundation design, and a discussion of some construction considerations. ESTIMATED COST On the basis of the estimated quantities and Contract Agreement with Dviiami-Dade County, it is estimated that the total fees will be $9,144. Our estimate covers the work needed to present our findings and recommendations in a report form. Not included are reviews of foundation drawings, preparation of construction specifications, special conferences and any other work requested after submittal of our report, This estimated cost assumes that the site is readily accessible to our truck-mounted drilling equipment- 13oring, sampling, and testing requirements are a function of the subsurface conditions encountered. Therefore, the estimated cost previously indicated is approximate, and compensation for the exploration will be based on the actual work and tests performed. We will endeavor to keep the exploration cost at a minimum. consistent with good engineering practice. TIERRA will proceed with the work after receipt of a signed copy of this proposal. With our present drilling schedule; we can commence work- aftr several days of project approval (weather perinitting) and fieldwork will take four weeks to complete. The written report can be submitted about two weeks after completion of the field exploration, depending on the extent of the laboratory- testing program. We at TIERRA appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions concerning our proposal, please contact our office. Respectfully submitted, TIERPa> ) �kqj Kx i 'asamy, P.B. V)V . �j P. Vice sidont R-114 Attachments: 1. Fee Breakdown g-, '4rg -.'- F—A :.quy. 'n � W.VT ... . ..... . Name: Firm: Title: Nam.. bate: Address: TIERRA, INC. ATTACHMENT FEE SCHEDULE FOR GEOTECHNICAL SERVICES - MM-DADE COUNTY IVES ESTATES PARK FEE SCHEDULE IIIA. ENGINEERING AND TECHNICAL SERVICES 1i of Units Unit 9. FIELD INVESTIGATION I Mobilization of Man and Equipment 350.00 Truck-Mounted Equipment Trip Standard penetration Test Borings 0 (By Truck-Mounted Equipment) 24A0 0- 50 it depth L.F. 60 -100 it depth LF. Grout saal Borsholes 34.00 $ (ByTruck-Mounted Equipment) L.F. Rock Coring (Structures) 3 (By Truck-Mounted Equiprivni]l 490.00 $ 0 - So it deep LF. 50 -100 it deep I F. Borehole Permeability Tests Test It. LABORATORYTESTING Soil classifications, Test Natural Moisture Con' nt Tests Test Graln-Size Analysis - Full Gradation Test Organic Content Tests Test Ill. FIELD ENGINEERING AND TECHNICAL SERVICES Underground Utility Coordination Engineering Technician Hour IIIA. ENGINEERING AND TECHNICAL SERVICES 1i of Units Hour Unit Price I S 350.00 120 $ 20.00 0 $ 24A0 120 Hour 3.00 Administrative Assistant 34.00 $ 2 40-00 $ 3 $ 490.00 $ 3 96.00 3 38.00 64.00 $ 50.00 a Z; 75.00 $ Principal Engineer Hour Professional Faiginaar Hour Staff Engineer Hour to Draftimirson Hour 4 Administrative Assistant Hour 2 TOTAL FEE FOR GE07ECHNICAL E14GINEERING SERVICES Page 1011 180.00 $ 120.00 $ 85.00 $ 70.00 $ 45.00 $ Total 350.00 2,00.00 0.00 980.00 0.00 0.00 1,470.00 288.00 114.00 192.00 150.00 606,00 180.00 240.00 850.00 280.00 90.00 8,144.00 WHEREAS, the Mayor and City Commission wish to accept the grant from Miami-Dade County's OCED; and WHEREAS, the grant agreement is for the Murray Park Swimming Pool Design in the amount of $276,000.00. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami-Dade County's Office of Community and Economic Development for the Murray Park Swimming Pool Design Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this day of 2008. ATTEST: C)=rY CLERK READ AN AS TO FO CITY A NEY Include File Name and Path FTATW • I COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea NAMDADE M 7 Cftrlo Alvarez, Mayor Mai*c"h 27, '2008 Mr. W,Ajib,ola Bqloguri AsI sI istaq nt , City M apage r City of South Miami 61.30 Sunset Drive South Miami, FL 33143 CorilihlUnity & Economic DqVe. , loppimit 701 NAN� I st Cbart 6 14th F16or h4i,uni, Floncla-33136 T 766-469- 21 00 F 786460-2170 4 mallnidacie.gov I Re F FY 2608 Commun lty Ddvel . oprn 00 ent Blotk Or-an't Contract 427 Murray Park Swimming Pool, — Design. Phase Dear Mr. Balocid" ,Enclosed is .an executed copy of the' FY 2008: Q 08**G- !Contract between the City of South Miami and Mi county for your agenr w amiD*ade C py"s Murray Park ,5 immirib Pool DeSwign Phase activities, TIV eff6dti W 0 terra of this agreement is from Jan aryl, 2008 through Deicembdr3l, 2609. Your staff must ensure that, the Office of Corl rmihity and Ecbhb ` M i'- DOVeloptniefit c receives th dfts:and &he'. d doicueri t§ tifi d the contract by the prep r -req u ire en J. en i ie in eQ required deadlihes to avoid sus"pef 8ior! of funds. If you have any questions. please contact me at 786-46,9-2220.. Sihoerely, Le'titia S, Go"'odso'n* Contracts Officer :: Isg Enclosure ,Index Code'. CD534C09CI qpBG FY 2003 Municipality FY 20618,. OPMMUNITY DEVELOPMENT BLOCK GRANIT GOVERNMENTAL * ` i � - CONTRACT BETWEEN MIAM14)AOF C6AMY AND THO'' CITY. OF 866 TH MIA MI Thiscontract -I entered into between Miami-bade C.— untY, haNlhaft6 e 'referred to as: t h "douoty" and the City of Sdulth Miami, A municip i goVetrindrit. o'rganiz f the 8iaje_" ed under the o Of Florida hereinafter Woeted to as the "Awa rdeb'% The parties agree: Definitions OD f ... Office p" Co hJunity and Ecb omicbeve lopment I or .1 its %Idcossbr Department 24 CFRI Part 570 CD8G Fed I 1 1 s 1mj)lem.e.ht ng title � 0" era regu a ton J f the Housing and Co;mmuinity Development i Act of .1974, as amended community beve'lOpment B : Idbit Grant Low. and Mod6tat&ind6me and fri6d" & A mleMb6t of toff era e4ncome family i.e., pees*dn family Wh os itRin spedlfi* d e income limits set forth. by V.5, HUD. Contract Records Any And all boobs, records, d€ po.. qhts, inf6fthatidn, data papers, letters,, materials electronic storage dati dild media w.b otWt it te priht6d, 'electronic ronic orr .electrical, however 661lobte"d pre§' . rve p roduced, developed, fop4p i ame,, ooMpIoteo' received or compiled by -or at the direction the A Wee or any; subcontract n i carrying Is rac W" of tWJ t : Ai Inctuding it!"t riot lirriftdo'. to dt.. finaficiAl bd6ks and records, led PIVVII 9s.i mapsy ishlots, designs, electronic I Opesl. computer d rives tihd diskettes or surveys. Federal Awaed Any f6derai fi 60. r0c; e Ived 'lay the Awardee from any source l n during. thePOtiodoffirn' which- the. Awardee is Performing the bbligAtibils set forth in this -contuidt, Awardee Recipient of CDBG funds froth 0agrt`r- Dade d. �ount y Subcontractor Ally individual, or firm hired: 6h..4 cohtradtij.61 basis bythe Awardee for the purpose cited on the Action Stela Format (Attachment 4A) of this contract; Subbohtra6t Any contractual agreement between a gubtontractibt and the Awardee MOM Pilk -§.V/Imming Pool— Design Phase Co . n6.ct . bate; liO108 = 1213'11€39 IL The Awardee Agrees:- a 53 C. a Type of Activity The AWardee shall carry out the activities specified in Attail chnient A, 118' f GOPQ 0 Services,, in the County or the focus area(s) of Miamkbade. Insurance to Comply With Mrhfl-Dade County's insurance tOldl I r6mbnf8 as Well as any relevant state offlbfida insurance requirements. The AWardeei shall indemnify and hold harmless. the n County a tid its officers,. WPIDYeles, agents and instrumentalities from any ail a #1 liability, losses or damages, including attorneys' fees and: ,casts of defe 01 w hjia fis .. h the County or i ts rfficers, employeesi.agents- o t talitids.. may incur-a r ins, rum h. s a result of claims demands,. suits, causes Of. actions or proceedings of.an i.atris'Ing, out _y kind dt.naturc_ of, relating to dir resulting tee' th- performanceofth'j$ A _ gre me 0t byt hd:AWardoe or its P loy0es, agents, servants, part tiers pet-, or The Awar ay a, 00e slTalllp 'it claims. and !Oases thord ith an 8 Ip in. connee ion.. d shall investigate and defend all claims,,sults or actio P§ of kJ'd ' r h any In 0 a ure in the name of the PoOnty, Where applicab I cludl Ing j appe procee di ngsiand shall pay all dosi5'LidgM rits, and atto . MPY'S fees, which Mb� Issue theroo P. toVided h0 ov r, this. . indemnification shAl _.1 only be to the extent and Wit in* the firriltafths of -Section 168M',Fla Stat. subject to the provisions of ihat star i e utOv f6b tb'-Awardeeshali I., I - �y` e wa not the .held. liable to pay a personal Injury or property dprhA& claim ,or judgment by 0 h Ofte 06eion which exceeds the suffi Of tlob.:,Gbo, - or a� With Y c alM or judgment or' portions thereof, which, Whorl totaled c ims or judgment paid b y th Awardee arising ,oui of the' 'd e same Incl- ent otoocurronco, exceed the tOm of $206,000 r from any and all personal T' UrY or property. d* Msi 11a . b1litiles, loss's . or arnage, q.1pil e &1 f the causes of action of ftegil ' . the atdoe. The �W , m arise. as ..1110 o - AW provisions of this, -s'dion survive the termination or 't his agreement. 6901tAtloh of DbdUffierits Th6.Awar&De sha - 11 r submit doc timetits t�, OCED as :described b 1 - - , —, - th - 0 ow qr Any o or document in whatever forth, : mAnn Orr - frequency as pteopialbod, by OCIED. These" Vill be used felt rn0hltO'rm9'progress, performance, and t Mp 0 Oldridd With this contract - and for cbm'Pliance With apOcable h6t d my w rd ' Ou rity, and Federal � n Prop - fats. Reports The Awardee shall submit a status report us' the form attached hereto as Attachment C, "Progress Report,!! asjt- ftia be 17P �.!Ddi. by VJ s OCED, which shall describe, the progress made by the AWardd- in achieving each of the o d tibb steps Identified in bjectives an dt Attachment A, ""Scope-of Services." The Award" shall ensure that 1' QGED rec0lvds each report ii? 'tr triplicate. (or as indicated!, no later thad April 0, ZOO, i - e July 8, 2008, Octob �r 1. 2008, January 10, 2009, April 8, 2009, July 8, 2669, bc January 10, 2010. 2009a d b. QUartedy Roorting when .Subcontractors .,-are Utilised Awudees are advised that When subcontractors orsu' -co nsultahts are utilized to fulfill the t6rffils and conditions of this Contract Miami. Dade County Resolution No. '1634 -.93 will apply to this contra"t. This resolution requires the sdI& t d Award C ce aes to file quArtbrly reports as r to the amount Of contract Monies received from the Count y and the amounts * eo therf that have been paid by the AwarO66 tiredly to E§lack, Hispanic arid' WOPhOn-Owned businesses Par-fo rming part of the Contract Work. Addl RjOhallY, the listed b I stds ate required to sign, t 0 , P , sit) e , q he 'reports, ve Ing their participation: in t 6 contract work and their receipt of such Monies. For purpose s of applicability, 1 resolution shall be it! Addition to any other re 6.0brtirig requirements r6qu'ired'by law, ordinance or d ord a ministratj 6 e e, The Aworlee -hall ubmh t b S S, .0 CEP :0 cumulative account of its activities Under this a g reement by Cornpie of t6A.Pro . I ... R tihg the following portions gress epoft.Forrn,� section t.- Status of Coritradtdcl Activities: The AwardeeMUsttOPO spt'dific, Information re'g'a'rd—g' the status of it. a on the contracted OcUIVW66, including a ct OPUS bm ts and/or delays encountered 1. during the implementation of the project, and an unduplicated Count of clients q0od durlhg 'Jhe reporting period (if applicable) foe each federally defined ethiiic, category: Awardo es engaged in construction andfor ho using re h a bilitption Pfqjects� shall report. On the progress. of their , ddtiv i ittes 4. Inc! . Wing the f housing units toinp..!qt6d and occupied by of Y IdWrmoddrate. and low ir*bme= resldohts. h 6 Aw: arde e -shall Also report -Mographic information on each hood of hbu 0hold. goal and s. -corresponding 6bjddt1Vd(s), as indicated in. th 'Servrces Must be ! addressed sed as park of th— rf !P repo Sedtibili 111- FisCat lnforrnatiojj,: The AWairdee'must repirt ONPeriditureInformahon 'd n budgeted line items to ee 6; .. 1 .1 1. 1:— base On approved fl .'et, all costs inpurrOO- during th' . . I . daring 6 report) period- In addh reporting � - 1 ; tio.0, the AwardOe shall 1`606ft on Pk6gram Income Usage for each Contracted activity, Se ' Ptlott Ill � Minority Business E* t4pr Contract :And SubcontradfActivit (First and Third q A29 - , .06fter Rd Progress Re A Wardee shall report to OCED the .number of business activities involving 1. �t minority vendors, includin, subcontractors paqor . -.9 Ming Work undet. this Aq-r-o'em`ent. The "Contrapi'and Sub'dontradt'Activity Report" qeqti n) and o . n Attachment; C when applicable. Section 3 in. the !'sa'ftie Attachment shall :Jbe COMP1064'86"anhually by the Awardee. and sulamitteci to (ACED no later than April 8, 2008, Octo Oer 7,, 2008 2009. - , April 8, 2066 and October 7, Section IV - Neighborhood Empl to meat Oppoilunloo:- 0 Nol�4hb-oehoOd.,,..,Erili)16yni&,ht, OPPOrfUnifies...Report (First and Third Quarter Progress Report) The Awar dOO shtill report to OC ED the number of focus and service area resid6fi who - ho have received OMPloyrnprit opportunities from federally financ 'and assisted protects and activities, The Neighborhood Bmploym' Ont Oppbrtu riides kb -Port shall be submitted using the Progress Deport Form attached hereto as a section in Attachment C, -as it May be :revised. it is suction of the form shall be com leted secniariniaaily by the Awardee and submitted to OCED no leer than April 8, 2008, October '7, 2€ 08' , April 8, 200-5 and October 7, 2009. The Awardee shall submit to the County; in a_ timely manner, any ether information deetiled necessary by the County, and its presoritation shall comply with the format specified at lire t rr�e of the reciuest. Pailure to submit the Progress .Reports .or .other information in a rnatiiier satisfactory to the C`ounfy by the clue date shall render the Awarded in noncompliance with this Article. The County may require the Awardee to forfeit its claim to pa; morit requests or the C.ounfy may Invoke the termination prbvision `in this Agreement; b jiving five days written Notice of such action tolbe.taken. Unspecified Sites) Objective - If the Awardee lass not yet identified a location to carry alit any of the activities described in Attachment A, the Ainrardee shall submit, in triplicate, Progress Reports, usirsg the form attached hereto, as park W Attachrnerit: C, on a monthly basis until Such time as the Awarded coriiplies with the provisions contained within Section ll, Paragraph D.4. of this cantraot. lob es of the above described Pro ress Report shall be received by ACED :ri€ later than the tenth ('10th) business clay of each moriih :attd s,h.all acldress the progress € ndertaken by the - Awattlee during 'the previdus mom.h. ` hiS Progress. Report shall not be required if I the A `v rdee is subrfiitting thet Progress reports required by 'ectlolt If Paragraph .D.1;a and- Patagraph 13 >3. 2: Annual :Report (fourth Cuarter Progress Report )- The Awardee shall submit a carrzulative status. report (hereinafter referred to as "Annual Repari °) sisiiig. 'the " Progress Report" specified in Section ,11; Para graPh 0.1.a: al'iove 'v�l�ich shall describe. the progress made by the Aw rde.e in achieving `each. of the Objectives identified. in Attach m- ent A during the previous year: The: "Annual Report" must' cover the 00138 fiscal year of January 1'. 0 through. .December 31, 2008 and shall be received by OGED. na Iafer than January 1.(3# 2009 and January 1, :2009 'through December 3i,. 2003 and shall be received by QQED i is later than January I,0; 2010. 3:. Environmental Review - The Awarded immediately upon locating a "r:. determining a site :for each of the "Unspecified i e" activities to be carrie d out pursuant t thisPontrakt, shall summit inforinatiari °detailing tli'e location of each site for which a Site Environmental Giea'r , Staterrient; will be prepared as described in Article: 11, Section �t5. t�f this ciiritraci set forth belort. the Environmental Review is to be predated on inforrriafian .contained iri:Attachment E, "Information for Environmental Review ?$ 11 4. Audit. kePort - The Awardee sligill '.0initt, QCED a' n annual audit report in triplicaft as required by;,qec flOn. 11, PM&Apb I of this contract as$O forth below. The Awardes: shall submit zi riSfeo. s tatemenjifrI m its auditing fir to 'Confirm that it has cleared ally hbri-complia fice issues Stated In the audit, end A Wriffbil statement from the Auditbr that the audit complies Vith all applicable provitforis of 24 CFR Part 84.2 .26 and OMB A -'133. inventory Report _� The Awtitdee shall re.por t annually all nonexpendable personal :and real prop6rty purchased with CDE3G funds from this ; an A Yj.ous agr dment pre .6 s With the County as tpe6,f* i Jed In Section it, P,aragraph Q of this Ontroct. 6. Aftirmat!Vb AGfion Plan - The A rdo ED information , laii'V6 to f 6 shall report I to 00 ' re he OqualitY Of 6MIJI6Ym'0nf opportunffies!Whdnbv6i& so requested by OCED. E. ftiticipation",the bDl3G Program the 4worded shall Maintain current.-do u m elita j on that its oquVities rhLe one of the three (3) C'D13G national abjoctives a. To b Offit low -arid ift ddrate4ricome pqtst)-h§; b. To aid in the prdv enti on qr.ellmination 0 fscums or blight; ai To meet community development hee Ws having a partiMar uege hey, Z. For activities desicinod to-maot the I. ftal.objective 0T .1 bM[ lt to I Qw- and moderate- income person8l! the AwOfte- shall ensure and maintain doourentation conclusively A in omonstrato§:thp.,t.e��,cha6tivitY�.�s'sisted in whole or in with GDa—G funds Is an activity v� .1 blich P Idds" benefit to no -loss than 54.a.rlf IOW- and moderate.; income pois;ons. 3.: -the Aw4rdqe: th;ll d6mply wit 1 all VOcable 1 ions of pro.v s 24 CFRPp-rt 570 and s p�ierk out each a ; � Vocable - I ctivlItY' in OOIPAO61 W thall applic . ; 0 W able federal laws' .And,: regulations describe 4� The AWardee agand rees to Comply with (a) the Uniform Reheat 6h Assistance Real Pro t f Tty t , n Po icies Ac o 1970, �ap; Ve Adqui,§J ib 1. AmOn Od (URA an Imolemooti,nu rOqUMtj6' ;�t: p CI and ns 49 C R Part 24 and 24 CM57 0.6.06(b), (b) the r0mehfs of 24 CM 06� :! ' 006 (C) 96VOriftig the kosi =01ACOmOilt and Relocaj! on Assistairicid Ptah Under ctlon, 16" se 1 4(0,,) of the, JGO Acts slid (c) "the. re quirpm 11i 570.606 (d) gov emlrig op Ional tolobot'joh policies. (The County may pre, the ',Opq 101fial 0911 1 S). The Awakdee shall provider refqOat*Won o �Asslsj ance to 'persahs: (families, indiVidualsi busmesse-C, non-profit organizatigh!§ And farms) That are displaced as a dirget, result of acquisition 'Oha , bil lt,�Ioh., d eim' I 611tion or conversion for A CDBG assisted .project The AwArde6 also agrees to 99PIRY witb.appllcabje Gounly ordinanGQs,:r9solutlO sand ' ciesconcerriffig the displiacemomt of persons from their residences. For each activity or portion of described "in Attachment A hereto ... . of do. ri ro r which a location has rlot yet b iddritifled, the Awardeo 0611 obtain, immediately after a site is identified by fl 'he Awtirdoe,: OCED's written environmental clearAntb statement and shall a In writing ,fo comply with any and all requirements as may be set in' the Site Environment' al Clearance Statement. 6. The, Awardee shall make, a good feitla effort to addr 's$ the concerns of the residents of the affected area,., The, Awardee shall cooperate withOCED in informing the appropriate ObBb citizen 0a rti di pation structures, including the appropriate area committees, of the . activities Of the Awardee in:adheelfig to the provisions of this contract Representatives oftheA ihd Awardee attd meetings of the appropriate commiftee§ and citizen I part cipailon gftbdturds, .upon the request of the citizen participation officers, OCE : l), or the Coun Q ty. 7. The Awardee .sha.11. to the greatest extent give low- and moderate- inco me resi brits of the service areas 0 n a Oportui it!6� for training and For activities Involving acquisition;. rehabilitation and d6m blition of property and which, require the relocation of families, ifidividUals businesses tes' acid /or industries, -,thp AWOded shall submit a written 064ficatidn' to the Urban D'evOlOPRIPilt Unit of QCED prior to relocating, evactiat dispersing any and z,�ll legal ' Is of a long, pocuparift who reside at this pro 0 yon, the bas P or short term Ule.a-se. the legalit Y of Sri 060p;ant (individual, family, dl OIndu is It' question, the;virdee shah Contact the ab6VG 06r tibbed unit priorto majorig 0 deteeminkl6n. AWardees •recelvlhg, C DOG funds shtill adhere to 24 d�R part part 59 and to fhe rulet4ind te0JUlAtibiis of the :Uniforrri Relocation Assistan e acid .Real Property Acquisitl6h.A6t of 197C), as amended. 91 Tho A Ordee shall adopt Affirmative arkotihg Pr cOd 'r6s and requirements for CDBG :assisted projects ".r606 d . u s nus i consist of °actloftg to POOVIde information and attract eligible 6 p6rs6ns from all raclali ethnic and gender groups to tie he aWi6l�i6seev; The Awardee eD sz hall annually assess its, affirmative mar e'tJ fi g Program. to determine If the e pro cedures d ' sed to comply With the reqv ro -'e' 't ub it Law: 88- 362 .,and Public Law P m b S in, P. 00-2l 41*,successfully' rheet.these Mqul rem ents. Th& Awaidee shah 'submit tv OGED its Affirmative Maelceting, Plan, no latotthah 60 days from the date this Agrd6ment•js exect.ited. 10. For an y :,ousing activities, the :Awardee hall 0 6's af ' "1 y c oI plete the CommUnity. I)OV6160nie n coursework by the Local Initiatives s4p)iOrt CorObratlofi, which will be ,told at Flo*irlda Interne': tional University throughout the current contract period. The Awardee provide writt .en Obtifid'606n to OCED, nq than3O da after the corn I' ' n of the . `later � . YS p, ptio, court ework; Th. is requirement en t M ay., e'Walve di n th e sole dig tetidn, of OCED for,Awjrdeos who d. emons trOtO knowledge of real 68.t.at.0 development and organizational mtin096m6nttheory. OCIED shall consider such waiver upon recoipt. of the written request by the Awatdpe. M For HoLISIng, kehabHit n ation, -and 'Cpnstructloni activities all conditions ri this section will apply thr'Oughout'the regulatory period identified in the national objective, Throtigh6ut , odriod, the Awardee will. Ml. be r Ore, 0 submit . equ d t an annual p report r6gakdhigi his compliance with the national Objective, and 6M 0 will havethe right to monitor the activil activity. 12. The Awardee,shall comply with all -applicable uniform administrative requirements as describes! in 24 CFR 670.602 rol Federal, bate, and Coutity Laws and Regulations 1. MULES, AND LICENSING REOUIREMEN The Awardee shall comply with all laws, ordinahceg and rogulatiotis applicable to the -services contemplatedherolftj especially - 00 applicable to. conflict of interest and collusion. Awardees are pi su 'ffilijar. With re med to be fa' .all Federal, Sta,te and local laws, ordinances, c .. odds, rules afid tl reg' I u a ions that MY in any Way.affeft the goods or services 6sp.'clally Executive Order No. 11246 entitled "Equal Employment 0006rfu.nfty" and ;as amended by Executive Order No. 1137 , ass 'p -apartment u pI thented by the I?- apartment Labor Regulations (41 CFR., Part 60), the Americans with Disabilities .. , . Act 0 - f '1990 . a I hd im Aeftibritin' regulatiorts, the Rehablitaiiq Act j �' , . 11 - i� * P. 0 .973, as amended, Chapter 553 of Florida Statutes and any and all other Joqpl, Mate 1; all ... � i .. . Mato, end Federal directives, ordinances, rules, orders, and laws relating to! 1 �P. pople with disabilitiesi 'rho Awardee will, also mnpl OMB A-87, and wrath y With. 24 QFR- Part. 8% QMB A-1 28, the pr6.bddur6$_ specified in 00ED's Cofitradt Compliance. ManuEd,- which are incorporated her e in b y reference, receipt of' Which is 'hereby acknowledged, andas they i,*4y be revised. 2. The AWardee- shall, comply with Section 504 of the Rehabilitation Act of 197 as ain0fided., Which prohibits discrimination on 'the basis .handicap; Title 16 VI of the Civil Rights Act of 1964, as. amended, which- prb*hjb�ts qi drimlh, t . z amended, . 1. - . . .1 . s 1 A, lop ot) the basis of race, color, or national orl In; the Ago Discrimination Act of 1975, as amended, Which prohibitt n n olser MI otio on the basis 'Of. 4bot Title Vill'ot the Civil RlghtsA f. d'.. , :Act 6 1968, as. amended, and Ex6d OU'Ve Orderl 1063 which prqhlibil s 1. 1 ' scrimination, in housing dr.) the basis of rare, color, religion, sex, or halonal1 . ongln j Executive 0 rd er 1'1246, as amended which req P Ps o qopl prnplOyment opportunity; ' and with the 'Energy Policy ,and _.. , , �o nservatiod Act (Publ'944631which requires mandatory standards and pot cis relating to energy efficiency. The Provider also pgreps to comply with the Dore stic Violence Leave codified. as I IA -60 et seq. of the Mianil-wDade County '' C w ode, hich requires an employer, who In the ' course of business has fifty (56) or more .employeds or k- ng in Miaml-Djde County for each working day during each of twenty (20) Or more calendar work weeks to provide domestic 'Violence leave to Its employees. Failure to comply with this local law may 00 grotifids foe voiding or terminating Agreement or f6 ,9 this Agreeme... r d6him6hcothent of debarment proceedings gs against the Provider. if the amount ho l A payable to t be � Awardee, pursuant .to the terms of this contract is in excess 6 $109,000, the Awardee shall' corn ly with all applicable : .1 1 1 corn standards, orders, orregulations, issued Pursuant to Section 808 of the Clean .Air Act of 1970 (42 U.SIC, 1857 h), as amended; ; the Federal 'mater Pollution .control Act (33 U3.C. 12M), as. amended; Section 548, the Clean Water Act (33 U.S.G. 13.68)jt Environmental Protection Agenty rogulailons',(49 CFI Part 5); and Executive Order '1'1738. 4. Assurance. of CoMpliance WIM Section 504 of the Rehabilitation Act - The AWafdee shall report its corh fiance ' .1; th Section 504 of the R wh wi ehabilitation Act oheVer so requested by OCED. AtheWlcahs with Disabilities Act fADA) of 1900 - The Awardee snail attest to. and the required Disability Non-discril , inat on Affidavit a s §ur no compliance with all applicable req" . i . r6merits of the I A Ws listed, below including but not limited to, those pertaining provisions: n p. Ong to employm oni, provisions and program services, tran * s portation, communications, _access to facilitids, renovations, and new construction. 7 13 r-r€ Liurement vract►ccs (Urdinaeica 498 -30) - All firms' with annual -gross revenues in excess of $6 million, seeking to contract with Miami -made County shall, as a. condition of award, nave a Written Affirmative Action Plan and Proc€sremOht POi.icy on file with the County's Depart of Business Develcipmeht. Said firms .must also submit, as a part of their pr€iposais /bids to be filed With the Clerk of the Board, an appropriately completed and signed Afflrirrative Action. Plan /Procurement Policy Affidavit<..Firms'Whose Boards of Directors are representative of the population makeup of the nation -are e�:erript €morn this requirement and must subrriit, in .v riting, a detailed listing of their Boards of Directors, shooing the race or ethnicity of each Board. rnentiber, 'to the County's Department of Business i3.evelopmert$. Perms claiming exemptlon must submit, as a part of their proposals/ bids to be filed with the Clerk of the Board, an appropriately completed and signed Exeriiption Affidavit 1h accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not. discriririnate in their employment and procurement 'practices against miniiritles and women -owned businesses. It will .be the responsibility of each firth to fieovide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those.firMs. that do not exceed $:5 million annual grass revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirrriatiVd action plan and procurement policy may not be recorhmended by the County 'Manager for .award by the Board of County Cornrriissioners. 7. Domestic Violerioe Leave Affidavit - Prior to entering into any contract with f he Couty; a fiirm desiring to do business with the County shall, as 'a .condition Of award, certify that it is in compliance with the Domestic Leave Ord fiance, 99-"5 a nd Soction 11A -60 of the i�liiarnl-Dade County Cade. This Or€firience applies to employers thafhave,'°in the regular course of business, fifty (50) or more employees working in Miami Bade County €or each Work!' nq day during each :of. twenty (20) or more calendar work yveeks ire the c urrent oi` preceding calendar year. in accordance with Resolution R-185,00, the o ligation to provide; domesfic violence leave to employees shall be a contractual oblrgation. The County shall not edter into .a contract with any firm . that has not certified its compliance with the Domestic Leave Ordinance.: Failure to comply With. the requirements of Resolution 8,185 -00, as. well as the Domestic. Leave Ordinance may result to the contract being declared void, the contract being terminated andlor the firm being debarred. 8. Code of- Ousiness Ethics: In accordance with Sectioh 2- 8.1(4) of the Code of Miami .Dade County each person or entitiy that seeks to do business with M iami Dade County shall, adopt a Code of Business Ethics ( "Co.de"� and shall 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who ties beers placed on the convicted vendor list following a conviction fora public entity crime may not submit a proposal for a contract to provide arty goods or services to a public entity; t ay not submit a .proposal on a contract with a public entity for the construction or repair of a public. building or public work; may not submit proposals iin leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity, and, may not Wifislact.Wslnesq With any.publ!G Onfity in excess of the threshold aniotifit provided in Section 291.017 for Category TW 0 ($1 QIQQQ) fora period of thirty - six: {36) months frovrn the date Of being pjpced on the" convicted vendor list. The. Awardee, warrants a nd 11 rep rooen . tiE that it hap. ,hot beers ;I'ced on the convicted vendor list The Awardee agrees that placed should Miami-bade County discover that the AwarO e s r e. ' e.. pf0sen'tatio.hs regarding the list are false, !his, contract:shall be terminated on tied disdr6tio, . - 1. - t. h. 1. : - - . 1. � I . . 11 . . ., n of Miarni-Bade Further, s: 6dld- the AWarde be placed ed 4 n the list c 0 any time during this contract Waini-Dade Gotihty shall h�ave the right ght to terminate this A&p6h),ent. 10. dRIMINAL CONVICTION Pursuant tiant to Miami bade County Ordinance No. 94-34 "An mdlv,1,du.aI'w.ho has been convicted of -a felony during the past ten yqgrs.4nqan or4 ft i ycqrP . n o, pattrid r'ship, Joint venture or other legal entity having* an Qffic` director, .t6r, or executive who has been- convicted .of a fibiciny during the. 0' s ten e Ars shall If disclose ,eth, is informatio1i, prior to entering intP.a;qPntract:With or receiving. funding from , the County." 'Failure of the-AWdtd6e to dis. lose thil 11 — � - .. . Failure -c is information as Tecluired Thay lead to the termination i f this agreement by M1 10 iami-ade, County. If arty attesting firm, or any owner, subsidiary, or other firm affiliated With or related to the 4ttotting firm, 'Is found by the responsil6 le, enfor 6. e, thentagency, he Courts or the dourity'to be in vloladon ofi the Acts, the Gout ty will conduct no further Pqslness Wltb such attesting fift, Any contract 6ri tored into based upon a false affld4vlt,as listed e ow, and sUbmitted pursuant to this.resolufloh,shMI be voidable by the COUrity' 1. Miaml-Vade -County Ownership Disclosure Affidavit Z. Miahn-14).4de Employment FarWily Leave Affidavit q. Mial -D-d E Drug-Pree Workpl ce Affidavit rrl!-M a e MP 4, Mia.m14).ade Employment D isclosure A ftldavj I t S. DisaWlit, Nondiscriip I inall on Affidavit 6. Crlminal Rpcqrd MidaVlt 7. Public tritity Crime Affidavit; 5. Miarni-DAdetoUOtyAffida'vitReg'a"rdini Dellh "erit and Currently Due Fees . i, , 1 11 .. .., I I �q qu or Taxes Affieffiative Action Affidavits 11" Cdrf6ift on all County Contracts, Loans, acid Oi,fio-r bbli 'to s Affidav it .12. 'Pr edt Fresh gtartAtfidavit '13: Domestic Mciferice Le veAftidAVK. 14. COOL- of Rutlnesg Ethics , Affidaviit Financial and Conflicts of Int e e st Aff ift V, ft If ZqY attesting firm violates any of the Acts below during the Perm of any contract such fiat fihas WithAhe County, such contract shall be voidibI6 ;by i h 1 e County, even if :tlid attesting fifth was not in violation at the time it submitted its affidavit. The applicable Acts are as folld.Ws: The Amoicaris with Disabilitl6§- Act of 1990 (ADA),' -336, 104 Stat Rub. L. 101 327, 42 U.S.C.. 1.2101 -1 1 221814hd 47 U.S.C. ISLidfi 6ris:229 and 611 including Title 1, Emplo yment; m Title 11, Public Services; Title III, Public Accom.od Services Operated . by Private o . Entities; Title IV, Telecommunications; floh8: and Title V, Miscellaneous Provisions. Z The Rehabilitation Act of 1.973, 29 794. 3. The Federal Transit Act, as amended 49 LLS.C. Section 1612; 4.. the Fair Housing Act as 6i'd ended, 42 U.S.C. 80 tioO 360'I- 3M G. bonflitts With Applicable Laws If any Oftivisj6h of this contract- conflicts with any appilic ble lave or re ulatiori irictudlIng but not limited to, 24 6FR.670, on jy the c6nfli r 01 i _9 provision shall be deemed by the parties hereto to be modified to. be 66tis e' 1 h 0 k,,-t nt W t the Jaw ' r regulation or to be deleted 1 d 9 . .. . T MP ificatiOn is 1MOOssl4l How under this contract, as mo4l P over, the. obligations difled, shall continue �p'pd :all other. pr v bAi§1 on s:6f this contract shall remain in full force land effect. The County's determination on whether a ptcivisl6n conflicts shall be 'final and binding. If Ithdr Awarded' engages in, procures,, or makes loans for construction Work th' A rdee shall, 9. Contact the O'C',ED* NP his0fit It thie 'noted in Sdotio" n .!V,, Paragraph K of this contract, prior to takqnq — any action, to s6hedule a meeting to recelve compliance lWorma Jon, 2. Comply With the Awardee°s procurement and pre -awar'd requ ifeffiOnts. and procedures Which, at a minimum, shalt. adhere to :all applicable f6deehl ,standards, With fM Davis- 13acoh Act CblJeljh.d Arid -Kick Back Act; Contract dir Act; and. Lead.43 Work Hodes and safety Standards ased Paint Poisoning Frevention pct asahiefided6hSe te"*berI5, 1.999; an other related 4qts..as m d 4 'Submit to, ACED for written prior ap 0 ' c'i a proval all pr � P086d' -Sol! t Von Notices, Invitations for Bids; qu t r Proposals prior t (5 u 7 blication. 8. Submit to OCED all 004MWOU I'd and spe fic' ppns a. di . at o k4ls and receive prior t I 't PC IM's, approval P.. o imp omen Mon. a 6;. Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling d pt&bonstruction conference. In accordance with industry standards; bCtD'WlII fil.." . . . M.- . I.. : . � old 10% of thd'td.talgraht .award as �a re completions h tainer until lot the construction work. is Vdiffled by 60�6thro:u gh a Certificate of 6bdtj The County shall have the right to, assign. the Community 8uli'ders b 0 s IvIgloh of the Off ice of Gorrimibrilty and Economic beveloprrignt.tor. assist the hd project I if the' County'$' staff determines thaf :the, Awair&6 has' been un:l'to to Prairies a .consistently achieve the work and units described within the time fea08 of the action step fprmat:of this Pt agreeme .. Stich- involvement willre'sult in a reduction of a ma)dmurn of 5% of the Ogr omentxs Award to cover the cost of ,the technical assistance. the Awaftlee. shall cooperate a and comply with all requests made by the Community Buildets Division vision of the Office of Community and Econo * in it Devel t opmen 8. Exeaut& a restrictive covenant with Mlarn!-Dad`a County for the grant award and the use of the land to ensure its use as a tDb G p t project site as defined and described in Attachmenit'A" of this agreement. 10. Audit's and Records 1. The. AwardoO bxPeOdIft' $50000 or more aphOMI in federal awards shall .,g anal _y have A single .or program spdd.ffic aisdif conducted_ 16 accordance with OM8 A-133i The Awdrde6'expandi nEk federal awards of 1500000 or more under only one -f6deral program ffiAy elect to have- a program"ispecific audit porfbrrhsd, in ttc6oidan'ce with OMB A4M. Awardees. who ill I be receiving, or*hd have received, federal awards far 'loans or loan guaranteed programs m ay required red to conduct audits of those programs iti with requi regulations of the, fpOeralqgeficIds providing those ., quqra"ntees or loahsi. Tho Awarded o0dading less than ,$5,00,000 annually 1,n feOeral Awards shall be exenipt from ail audit conducted "Ifiaccordance With OMB A-433, although their records must be available :Wreview (eig., Inspections, evaluations}. Such ft;ardeesthk receive loss than:$560,06 °in combined redoral awards must submit to The County annual corn 'ation reports that describe their performance. To achieve uhiforMi regarding epo It ', _qardlng -the ril, i1i f Y !ng qrffiaL sdqh documents must comply Wi th the industry standards by communicating arj 16depbfid6fit tG64#ht ts eordi.slp Of fir"Ited assueari N JAL STATEMENTa as. A result of §'rf a orming InqUir and analytic .00 on FINA y P.'..rocodolreO (Rev'16.W Report); (2). tesitats of procedures d perfarme I (Agreed -Upon PrbcOduires Deport), ! (3} non _.expression of opinion or any form of on a presentaflion'In the form of finandiW statements' information that l is the representation of MariageM-int,ttompilation Reppr , t); or 4); an crp inion on an -a serti on made by Mari th ekqqOq' tit in, accord hda wi the Statements on Standards far ti Attest es a_pn Engagements . (Atte'Mation 3.. When the rei - * i - t ' f QMB A433 -a - Aw' 0' qpiremen s o 0,01y, or Wh6h the Aede , elects to comply With OMB A -'133, an audit tzshall be conducted for each fiscal yearfor which W" federal a a ra � Ms attributable to this contract have been received b the AWAedee. Each audit shall include a ftscqj.revIqw, which includes .4 validation, . d of:all -program generated income and its dis i6 a pbtition. y 4 . r ut ble10 GDBG funds, an 'internal control review, And 4 ompiunce review as ,described in OMB A.;_.3. A 00" of the audit r.,6000 in triplicate Must b' e toQe1yed by Q tD n later'thdii M9 (6) m6fithsJ6IJd.Wi.ng"thd end of: the AWarddd's fiscal year. 4a 'ThO AW , Afdee shall malfitak all Contract kecordt in accordance With ,generally :accepted accounting principipg, procedures, and :practices i which, shall sufficiently ;qr)d:properly reflect all revenues and p .per ditueet of funds provided directly or I.Odfroptly 4ylhd 'County pursuant to the terms of this contract. 5m: The AWafd6e shall all Contract Records ithat document all actions Undertaken to acdoniplish the "Sbope, of Services" outlined in Attachment A ,in this c6fitr.66L 6'. The Awardee shall ensure that. the Contract- Re'cords 's . hall be at a. I . I t! . ffio8 Subject to and available for full access 6 inspection, it and review, ins, ect o . or audit by Court d �yand federal piersonhbl,afi ,.any other p#ksdfine'l duly authofted by the Count Y. 7.. The Awarded shall include In all OCED approved subcontracts used to On y o stibelonte.obtois. to carry out an eligible substantive programmatic services, as such services are described in. tM contract and defined b is co P.. Y _OCPb, each of the. record-keopitig and . audit r6quirerndhts, detaildd in this Ii contract: OGED shall in its sole disdre.tion, determine ,mi I hen services are ell -of V, p substantive 'pr6.gramui,.atIc s6rVicds and subjec to thd Audit and record - keeping requir em6hts described above. bove. 8. The ' County reserves the right to require the Awardeefosubmit to t ' in audit by Audit -and man-agern.6rit Services or other audiforof the Q6untyls choosing at the Awardee0s expense, The Awardee shall provide access to all of _its records, which relate directly or indirectly to this Agreement at its place of business during regular 'business hours.. The Awardee shall retain all records, pertaining to the Agreement and upon request m rn available We the llable to the County for three yaars following exp1rat.lon of the Aureeffient, The AWOr & e nrebs to provide such assistaried as mi ay b e, Per 'ps P a 1 J�o facilitate the - reV1eW , or audit, by the Couilty to ensure compliance With .plicablo adcounf ngardfiran clM standards. daMs. q- The Awardee shall ensure that its auditors share their audit results with 0000. The auditors must submit the - completed monitoring Instrument and the audit report . to 6d bw. thin *six months after the G onclu �S, Jon of the audit period. J. RetOnti6h of Records 1. The.AW"'edee-shall retain, Contract Rec" MsfOra period o'f.lat 166!it�five (5) a 0 years .thereinafter referred to as "Jkatentlon'Period") subject to the limitations set forth below.; a. rotall nofi-P I G assis W d aci!Otios the Retention Pr1 o _o d shail begin upon the e4irati6h brtdrn*idtI6n of . this tont . ead t, 13. Fo:rCRBG,assisted public t' vir ',P-4ctivi t,Ie_ the R Oti h Period sh' If er I �S begin apon the, date' of U.$. HUD's acceptance :.of OGED!s annual Grantee Performance Report for the year in which the a*dtjv.ity is re-ported as completed. For each ;public ty t service activity he Awardee must refalri -ail records except . t , hose relaftna to real and personal property. c. FoVall ot 6f QDBG assisted activities the Retention Period shMi begin on acceptance of MEW!$ annual Grantee P.eriorrnar :ce Report In WXh each: a ssisted activity is re p ort ed on :far the time. For all the CDOG assisted activities covered 'by this Section 11, Paragraph , Mc,:., the Awardee must retain all contract t records except those relating to real and. noneXpendabi e:tpersonaf property, di. F or all db.BG. assisted attiVItie§, the 'e R.Itention Period for all t,6htradi records relating to real and nbriekodhdable p'ers6hal pt6pe shall Pa fty begin Upon the date of the final disposition of the prop,eli I ly. I It the County or 'the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services prov ided pursuant to the terms contract,, the Retention Period shall be Oktonded until gtitft time as the threat eried,:Qr pending litigation,' cl.ia.jrn� or audit is, In the sole and absolute discretion . I I of OCE . D,] . f . ally, completely and finally resolved. 3. The e Awarded shall allow the Coiiiity, federal personnel, or any person authorized by the County full access to and the right to examine any* of the contract records during the required Retention Period. i2 4. The AW r oe shall notify OCED in writing, both during the pendency M, 0 n d it of this y Contract and after its expirations part of the final close.-out proce.dure,.of the address Where all contract records will be retained. 5. The Awardoo shall obtain written approval of 005D prior to disposing of 6hy contract records within; one year after I exp 11 ira . ticin . of . the Retortion I I Pe disposing Provision of Records The Awarded snail provide to OGED, upon. request, all contract records. Th ese records shall be offie the property of COED yvOthout r6strbictl6n. reservation, or limitation of their use. OCLb s, inifted rights to'a I hd , If ha 5 ve unl_.. books, articles, or other copyrlghtabJ6 mate6lis dovelbp-00 iof'ihe ptie f ppse o this contract. These unlimited rights: shall ►ntfude the rights to rdjialt 400, y q; nonexclusive, and irrevocable license to rePro d P-ce, p"blis— h,. . of o he r W !se use, and to authorize others to us6,1he info ' ati h for ublic purposes. frin ose 0, for u p � S. 2. If the Awatdoe receives funds front, or M is i §UlMdd by other govern►qptal Pimles', and those agencies i ssu e monitoring reports, regulatory atory examinations, 6'roffier similar reports, the A ardep shall provide a copy to each report. and any follow-UP communications acid reports t' i 0 ED immediately upon such issuance unless -such, distiostirei . s A Violation of the regulatory ageri.cles Isisding the reports. I MIAMI-DADE COUNTY INSPECTOR GEMENALREVIEW According to Sectionl-I old of Ihci C, ode bfMIa,Mi-Dad6 C61ihtY, As. amended by Ord .1nance, No. 99 ►arfi u l-Dide County has dt;t4blished the 'Officecif the ` !nsp6dibr Golh0mj Which may, on a random basis, perform audits on all County contracts, throughout the duration of said ' contracts, except as otherwise p'r-o-vided below. The cost .6f 1he. audit of any Contract shalt, be one quarter (114) of one (1) percent of the total coniractamourit which cost shall lie ificludedin the total. proposed amount. The audit cost will be deducted by fhe County from progress payments: to thoTsolecfbd,Awar oo, The audit cost shall also be included , n J: alt change hghge ordOrs:,and all contract teno . Is Wa and. ii 0. extensions: A. Exdept►on; The. AbOe,a0p.licati6h of one quarter (1-14). of one percent: P . assessment shall not apply to the following contracts: tracts: (a) IPSIG contracts; (b) .contracts for totall services- to ...,Ptracts for'fjna,nqial advisory services; .(d): auditing contracts; (e) fac ill rentals a n d tease of h or rental , agreements, agreements; concessions �and insurance contracts; (h) rpVenrU'e� q.epp . rating d6intea,c1s;i(l) wa6-is Go W here an I I PSIG is a§sjgh&d1 at the tlr66 dbfitfaic.t.l d b s approve, y the Commission; s rofes j 16.hal service agreements under $000, (k) mana omen., agreeme hts; (1) small purchase orders asdefined in Mlaml-Dade County Administrative. Order 8,2i (m) federal, State; and 10661 goVer'nrnent-funded gran i ts; and .(n) interl6cal agreements: Nothing contained. shall In any stray limit the poW6es of the Inspo ctor Generatto Perform audits on this contract. cOMMISSION AUDITPRAGCIESS TO RECORDS ' to Ordinance No. 03-2, Awardee shall 1grant access to the Cohimission Auditor to all financial and performance relater? records, 13 Property, and equipment purchased in whoie Or in part With gbv t , nmen "t e. funds, Including funds awarded t.p Awardea pursuant to this:cOnfract. Pribe Approval The Awardee shall obtain prior wrIttdh approval ff0fil OCED p6or to undertaking any of the following: 1. The engagement or' execution of 'any subcontracts or contract asMgnn1ehts W46tain CPBQ funds; Will be used to pay for goods or services. 'The Awardee w must. ro submit all proposed posed agreement documeftis to OCED at least, thirty (3G day's prio'k to the.start date of the agreement, OC.ED shall have ft6 obligation ! to approve: payment of any expenditure (resulting : fr on! an agreement " 0: r subcontract Which as Inctirr6d prior to the approval by OCED of such agreemont or subpdritrAd.f. Th addi !on ofany positions t. .0 if os Jons no. specifically listed in the approved budget, 3. The modification &Addltion of all 0 job de9dr0ptions. 4. The purchase of all nonexpOmd . able gbrs na , I ; property - ifit no spec; , ally listed in the approved budget. The dis o POsiff h of all r eal expendable bers6natand -nonexpandablo personal' property As d fined in Se6 U04 11, Paragraph 0.1' of phis contract. 6. All Out=Of-town travel not specifically listed in 'the approved b, udge . 7. The disposition of prograwlhcoMe not listed in the approved program income budget. 84 The he,publicatio, of priopo'§ed Solicitation Notices, Invitations for Bids and f�equ for Proposals a, Ps 8 provided for in :sec ion il, Parage9p 11 H of this 9., the, d1s0o' . Sal of all contract record's as pro.videdf'be in Section 11, Paragraph 4 of this contract. M. Monitoring he permit OGED �and other persons duly ;Authorized lb "! i y QC:ED:t6 inspect records; facilities", equipment, materials, and services; of the AW'ptd6e:WhI0 are 1, 'activities Oh to th . a M nanywayconneotedtothq undertaken n ...a,] e pursuant t0th.lsl of this contract, an.d/or'io interview a ny c11 lients : e. tn p '16y6bs, sllidpht rac't . ors, or assignees of the -Awardee. 'Following such inspe c t ion or imervieWs, OCM will deliver to the Awardee a report of Its fiti dings, and the A ae e 'e w d 1l rectify all I deficiencies cited by OGED Within the specified '6d time set forth in the �repott pe period of I or provide OCE-0 With a reasonable justification . for .not correcting the deficiprict . e I s. n bOE,b Will det0effiine, In Its sole and absolute discretion Iscretion whethe . r or not the . A f4ee q jut. ificatio 1 8.6' -f cceptable or if the AwardeL-*mustj despite the justrficat16h, rectify the deficiencies cited by OCED in its report. N. Conflict of Interest -rho Awardee agrees to abide by the Provisions of 24 CFR 84-42 (24 CFR Part 96.36 for Public Agencies) and 24 CFR, 570,611 With respect to conflicts of interest, and covenants that it presently has no 'financial and shall not ac -any Ype flnand* 1, hite sti direct or1ndirect, wbi6h:would conflict 1 1 11any manner 6 d ta re r pgrqe With the perfofmance of services requried under this Agre6nieht. T i he: Awrdee 114 fuiiher covenants that in the ppilprmance of this AV9,6MOpAno pers.6n having sudh .a financial interest ;shall be exnployad or retained by the AW4rdg6 hereunder. These conflict of interest provisions apply to any person-wbo is 0 OftiploypO, agent, consultant, officer; cer, or elected ff! o . cial be app -toted - official of the or o f any designated 'poblic'a encids or subre-ciplents which are t6d6lVlhj funds under the" ODBG Etititlemeht program. Thd Awarded shall submit to OCED Within, five days of execution of this contract ail updated Conflict. of Interest affidavits, Related Party Disclosurel statements, list of durrerit Board members, and list of all business associationt, with the following documents-. 06 in4l contract or its subsequ ro Pot amendments. `Requ6tts for budget revisions, q0quests for approval of subcontracts. Nprtmcomp,l 'aride with the Above requirements will be considered a 'breach of c6htract; Which will result in the immediate, termination of the agreement, the 6v r 'I; * .e.c., ery of the entire funding award, and the disqualification of funding through OCED fora pedod of three years.. T40: AwardeO sha 11 disclose. Any possible dbrihlcts of., interest or' apparent . I IrnpVpprM6S)s of any party that are covered 'by the abb'Ve §t hd4rds. The Am rord6d shall_ make such disdl6sure in Writing to OCED immiddlat6l' upon the AWAMee's y discovery Of such Possible conflict. OGEDw Ill then rorfd.er an opinion which shall be bihdingoh MI parties. Publicity, Advertisements and Signage I" 'The Awayope shall enspre that all 0tiblicity, public e6l.atlofis and ml-Ddd.6 0; ffi f Gorriftii! ity alhd sidos, e9cogr)ixP the�.Mia . Ice 0, ED) and Cbmindrilty� DeVel 1' t 6nt Block and Economic MVelopmdht (0c OPM Orant,(CDBG) for the support of All contracted activities. This is to include-, but 1§n dt liffift6d to.,:all posted signs; pamphlets, wall plaques,, cI ornqrstpn ps; dedications, notices, :flyers, broc hures, n ew,s releases, medi a, packag es, promoffonsi,and stationery. All signs used to publicize OCLD contracted ; . activities must, be * appro qc b y OCED prior to b e m g posted and riitst also m eet the standard spqci fid Atimis As established by 'O CED. The use o f the official itkn*Dgi'de OGED logo isporMissible 2. The Awaffto furfflsh, erect and maltifaiih construction signs in accordance 'with sketch inclu m 'ded in these contract docuents.. The signs shall be made of 3/4 inch thick marine plywood; newly.painted and lettered according. to the accompanying sketch. The signs shall be painted 'and lettered in accordance with professional of sign $tq0car4s:a9 to layout, symmetry, proportion, clarity and fieatrie$8; and use of wdathdt- w$ittant Colors andmat6flals. The Awardee Sha.11 place the signs, securely bracod and mounted, as shown on the typical projedt:81gh plademi"dfit d lag riam or as ditected by the engineer. All . i materials sh;Ml be provided by the Awardee and the signs shall remain in 'the property of the Owner at the completion of the contract. I NO WORK . SHALL COMMENCE* UNTIL THE PROWECT SIGNS ARE 8ECUPtl) lN PUCE. 6E. THE iS16N'4S` "S' ' A cL BE IN AC'Q0kDANdE WITH THE DETAIL 9HOWN IN ATTACHMENT P. For this project signs. Will be roquired., Payment for furnishing,, installing and ffialntaflillnd the sign shall be under the bid amount for mobllb p. tio, R. Pt6bu.t6m6fit The Awardee must take affirmative steps to procure supplies, equipment construction, or services to fulfill this: contract from minority and women's is businesses, and to provide these sources the maximum feasi.ble opportunity to compete I for subcontracts to be procured pursuant to this contract. To the maximum ekteht feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG Application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development focus and service areas be provi del with o pportunities for qmploy e nt and training in contracted activities.. In :conformance with Section 3 of the Housing and Community Development Act of the AwArdee must direct federal financial alssistance toward Target Area e* id n :r s C*s a' d ensure that employment and economic opportunities be given to and very low-income persons, particularly those who are teGlpiefitt of .9 . OVOrriffieht for housing I according to the,, guidelines mentioned b6loW: 1. assistance -the. -work. to .be 'perforated under this contract is subject to t - he requirements of section 3, of thO*,Hous1pg and. Urban. Development. Act of 1968, as amended, 12 U.S.C. The purpose 6 section 3 is to ensure that erriRloyMentand other economic: opportunities generated by HW assistance or HUD- assisted projects .covered red bysectioni 3, shall, to .the greatest extent feasible, be directed: to low- and very 1OW4ncome persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,w NO Jmp lement pec#qp 3; As* evidenced, by I their heir execution of this contract, the parties to this I contract certify that they Eire underrio contractual or other impediment. that Would prevent thdr�l fe6qb c6mpI I y' I I fig, with the part 05 regulations. `3., The, Awardee agrees to send to each labor organization or representative of workers with Which the Awardee has a collective, barpiriffig agreement oe* other understanding, Jf any, a notice advising the labor organization or workers' teems 4ritathie of the Awardoo's commitments under this section 3 clause, and Will .Post copies of the notice in conspicuous Plqces at the work site where both emplt gees and appRcants. foe training and employment Positions can see the notice. i T he notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability , of apptentic,68hip and training positions, qualifications :for each; and the name and location of the persb1n(s) taking applications Jor each of the positions- and the anticipated date the w6rR Y p � shall, begin, 4. The Awardeps!a' 9 rees to include this section 3 clause in every subcontract subject to in riate pliando with regulations 24 GFR. part 135, and agrees to take ap bp action, as Provided in An applicable provision of the subcontract or in this section .3 clause; Upon a finding that the subcontractor is in vIq)a.tion of the regulations in 24 CM part art 135. The Award I ee will not s0beontract with any subcontractor Where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. The.. Awardee will certify that any vacant employment Positlotisi, Including 'training positions; that! are filled (1) after the Awardee is selected but before the contract is ex6edt,e *d, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not. filled to circumvent the Awardee's obligations under 24 CFR part 135. 8. NonGompliance with HUD's regulations in 24 CFR,part 135 May result in sanctions, t ermi.nation of'this contract for default, and debarment of suspension from future HUD assi.4t.ed contracts. 7. With respdbt to Work performed in cdrineGtion With section 3 covered Indian housing assistance, section 7(b) of the Indian Self-DeteerTiffiation and Education Assistance 16 Act (25 M.C, 4500) also applies to the work to be porfor , d under this contract. ..., P1.1 7 the work nr�.e .0 er h r section 7. {b} requires that to the dr6atbst extent f6asjl$le (1) e p-e erence and opportuhitiOs for trainind and em'ployrn6nt be given to Indians, and (id) preference in the award of q6ntrzi.cts and subcontracts 'shall be given to Ind . !an or'g-ar(lzdtlo hs acid lildi I a ri-oWnbd Economic Enterprises: Parties to this contract1haf, Are §ubibot, to the pto,Visi6ns of sectf n 3 section *( " 10 ion 7(b) agree t comply With section 3 to the maximum extent feasilile, bui,nofln-derogatio:h, of conip'liahca with section 7(b). Fair Subcontractin g P olloleg (OrdlnanqgSZ-M AlI'AW**6rdeies an 6ohtr6ctsAn Wfil ich 4Ub6on trac t ors :may be used shall be subleo to and d6mbly With Ordibance ,97=35 as.4M6nded, requiring Awardees; to ; provide a detailed statement of their policies and procedures for awarding subcontracts Whlch� a) notifies the broadest number of local. opbponteadj Ors 6f ;the 6,ppqrtun,ity to be awarded a subcontract., b) invites wites local subconteactorsui subffilt bids/pe6po§als in a practical, expedient way, 0) provides local subcontractors access to inf6rmati6ni necessary to prepare; and icrrriuiato.a subcontracting bid /proposal; ,d) 06* local ';b -ritract rstornee s oca su co 0 i with appropriate personnel of the Awardee to dise-Vs,s the Awardeels; requirements,: and � e) awards subcontracts based on full and cpIn 'plate c'or.sid,prai . 16t), of . All submitted proposals and in accordance with ifieAW ardeb .§ at d N U !s -0 Q )POUve All AWafftes :seak.ln.g to contract With the Comity shall, as. a ' cofiditio-i n of aWard, provide a statement of their subcontraiAM6 0-11 s' O :arid procedures (pea attached Fib m A- 7.2). A ardees it o fail to* pr&lde :a statement :of their policies and p,rdcodpris, I ak riot b6J c�6 I ended by the County Manager for award by the Board e- m n re mm 0 of Comity Commissioners. -the. larm 4119t,all means, havin headquarters, -g. quarters locat d having "a place of business located in M . i4mi- -Djde.Chanty fr6ih Which the contract be subcontract Will . bd performed.' The term llsubbonteactor" means, a business independent of a. Awardea that may Pg.rea with the AWardee to perform a portion of a contract. The term "subcontract" means an agreema Mt be . twooh a A ardeo and a subcontractor to perform a portion Of a contract between the 4virardee and the cpunty. Q. pro, it 'pe y 1. Definitions Real Property,: Land, land impro ve e t s, strut tires, futures and appurtenances thereto.,excluding Movable Machihdry and equipment. b. Personal Property: Personal, -pt real property. rty. property of tiny' kind except a 1) Tangible: All personal property having physical existence. ,2) Intangible: All personal property having. no physical existence j inventions, ;s such as patents ..s copyright . C. Nonexpondab e Personal Property: Tangible personal. property of n, . pncqnsumable nature., with Eli value of '$'600 or more par item, with a 0 normal ex.pe�ted, life a one or more yearsi not fixed In plaGo, And hot an 'integral part of a. structure; facility or another jeceofequiorn -it, P el d. Expendable Pdrsor!M Property- All tangible personal property other than nonexpendable property. 2. The. Awardee :shall comply with the real propefty requirements as stated below: a. Any real property under the ontrol that Was acquired or improved in whole or in part With G013Gfunds received from OCED in excess of 2 �,000 skiali be either: 1) Used to Meet one of the three (3) COBO national objectives until five ;years after the expiration or termination of this contract, or for such longer . period of iimp as determined by OCED in its sole and absolute discretion; or Not used ' ed to meet one of the. thfoe -(3) CDSG . National objectives. in the event the Property Is not used to ;meet one of the hatioh6l objectives for five (5) years following ther -n' 9. explrdflon.df 1bri mation bUthis' Awardee such longer period as determined by OOWAhen the Contract or shall ;flay to OCVO.an amount equal to the market value p -the,pr9perty as may be determined by C in it soto and absolute d1scr6tion, less any :propiarEionafe portion of the value attributable to expenditur6t; of :nofi-C bBG funds: for -adqfilsitll n� of, 'or im 6mb t the 9. . Q 9 Prove ht. pr6i), rty' RejrnbOrsof6ont is not required after the period of time specified in P a rag rap aboVe. b. Any .real . property under the Awardeo`s control that was acquired or I improved' r n whole arjn part with . . . GD I R funds from OC ED for $25 00 0 or less shall: be disposed of, at the expj.ra I ti or termination . . of this it contract Jn accordance with InstrUctidtit from Oal=_O: G. All real o' it purchased of improved PrOpOym in' whole lorin part with funds .from thi's and Provo 1 ds contracts With OCED, or transferred to the AWaMo&aftoif being purchased in. whole or in part with funds from QGEDI,shalfbe listed in thoiproperty records of the Awardee and shall include ,a legal desorption size; .date qf acquit! on, value at time of acq9j, sloop, present rnoikolt. v4((1ie;, Present address -or location, owner's :name if different from the AWar o0; Infl, t I on orma lot the transfer or Oj§pbtit1 !on cif . the pro pe rt y; anti. M ap � jdica ,mg whether property :is in parcels, lots, or blocks an dr s h owin adjAd6fit streets and. toads. The propei ie r ds shall describe the prog . rainiffiaAld purpose for Whic'h the property was acquired and identify the CDBG national objectivethat will be met. if tho.proper't I y was improved, the records shall describe the . heo programmatic purpose for which, the improvements Were made and identify the GDBG national objective that Will be Met. Ali Fof awards involving the Purchase & jibpe6 em6nt of real Property, the AWalloo agrees to execute a mortgage, loan document, or v days restrictive 6 covenant enant for the CDBG ,award With COED within' 180 d after the execution of this agreement. Failure to comply with this requirement may result in the refraction. of the C'DBG award for the projeot;?Indl termination of this All, real proptrty,shall be inventoried annually by the AW:orde.6 alid an Inventory report shall be submitted to OCED. This report shall include the elements listed in Paragraiih. above. 8. The Awardee ghdl comply with the h on able e Person at pr6perty requirements, as Stated boloWi a. All hbriOk ehdable personal property '' odor Improved in whole or in part with funds fro MY this and . p urchasprevious contracts with OC8D shall be listed th the, property records of . the..Awardoe, and ,54a . It include a description of the il ; I' PrO!701*�Y;- 100a.loh; fnod.6 InUmbet; rnanufacturer`s serial number, date of acquisitf [on; iunding!source; unit cost at the time of acqui it 6 ...t. A V-1 p_ 1 n; presen mar.kL , a ud property inventQ,ry number JftforftiAtion oft its ddhditio ft; and jftf6.rm'atI6n oit transfer; replacement property. 6rdispo fidri Of the b. All . n Oh.expe fidable personal property purchased or improved in Whole Or in Part' With fie j As from this unproved — �: . s previous contracts With. OCED ,sha"ll, be inventoried annually by the Awardee and an n i . nv report gn ory e thail be submitted to bCEO. The'in,ven-toryTep . hail In ud6 the., Ott elements listed in Paragraph Q.3.a.,ab6VO, Title (oWhd,,rqhlp) to all �h6noXjlektd "bi I purchased u - 11 . 1. .. ' 0 e persona property Irf wholdot in port W.Ith:f * giver" the Awardee onds gil ef" to pursuant to the terms of this contract shall vest in the County and O(jtb. 4. 'Thb A ard6e "all obtain prior written apPeova( from 00b foe the disposition of ! real property, Opertdable p.Ors6n' at. Property, and nonexpendoble personal pro ert y purchased air !pro ed In ' w,ole* or in pa it V0,01 funds given - , 1t the Awaedeb of subtbritractot juts.u6jit to the t f, g o q this contract k;A*Pr06e°s hall dispose o I rdifi f'a, I such property in acto a ce With instrEfe VIOns fr6m OCED. Those rostra ft o- i ris may rewire "the return of :all ,00h Peoperty to OGEE). R. Program income Program 'income as defined in 24 CFR Pplil VO.500 moans: gt6'§ 1 . ric6filie received by the . Awardee directly generated ff6ffi adtjVitjes.; ted by f" j I t . Ott C.08G uh s. Me pr6gt - M ifid ; 11 :. . . .... . P , 4, 1 .. Pme is generateti by an activity that is pattially.a8st9t6d with Q1Di3Q:f nds,thl 'j'd6hi . I y u e I n. 0 shall be; prorated to reflect the., Wd6ht.096 of CDBGfu hds. Used. 2. The AWairdbe shall not, under any circumstances, .use, program i nebMe to pay for charges..or expenses that are SP061 icAlly not allowed pprsuan t to the terms of thi cqn .: ct and applicable federal regulations or rule's Or any County rules or 6rdinance.. a. The AWardee shall corn -ly ' ith the r6g1rAhi income proviglions in � I � � I .. p w � OCED's Contract 06 m-bilionce Manual. If any program income provisions of the Contract Compliance Manual cohf list with I an p i gr .. I L 1 r : �,,. r6 ,am income provisions of this contract, the, provitloyp9 of this contract shall rule: a use Progrona 1666mg, he Awardee shall I rep I ort to GOW all Gul�itil �6VO Pia 1 1 1 4 1 ". grarn riGcime generated from activities; financed in whole or In part by funds from this contract. This _information, ai6nq VA tli A check 19 0. The Awardee shall report Program Income for as long -as it receives andfor has control over Program In-come generated from this and any previous contracts with OCEO. d. The- Awardee shall provide to OGE'D a. Written okplanation of the activities to be assisted With Pr I grarri Income and 'Shall obtain : .1. Q L8 GOD''.s Written approval prior to implementing those: activities. All prdVMdfi.$ 61 this'adfitract shall apply to any activity performed using Prograrn income. e.: Subject to the limitations set forth in this paragraph, the, Awardee may use program income to fund any CDBG;elig .. ibli . e activity *as provided for and defined by 24 CFR Part 670 et seq. f. Program income from.A revolving I : oah activity must be used only for the same rdVblvinct loan activity. Vwl Pr'6gr 'a I m income from a revolving loan activity, such as loan repayments, :interest earned, late fees, and investment income, shalt be substantially disbursed to aligi b2fe loans, loan - related programmatic , atic costs, and operational costs for the same revolving I I cvaq acavi before the Awardee may VeqUest.additional. CDBG funds for,thqtactivity. h. All program 1"Gomb- from ,no firievolving loan activities shall be .substantially disbursed to carry out offier OCED approved GD.B,G. eligible activities-, _and to cover operational costs, before requesting additional CD9.G funds. I Any proceeds from the sale of Property as detailed In Sd" Ct !on Paragraph Q.4.,, above, shall be considered program hjd,6m6. The AWAMO 1§b011 obtain, as part of the required audit report; validation b a certified auditor ' V of 'all program generated income and its disOosition, 3. Upon expiration or termination- of this contract or at the 6ndpfl any program year,. the Awardee -shall tran.8fer to the County, any Program income funds on hand, and any program lhdbme accounts receivable attributable to any CDBG funded, * activities, OCIED may require remittance of all or pail of any' program inComo hdlancbt (iritluding investments thereof) held by the Awardee (except thbse heeded for immediate cash needs, cash balances of . a revolving loan. fund, cash balances from a lump sum drawdown, or cash orlinvestmeahts held for Section 108 Security needs). 4. bt!Hb, in .its sole andabsolute discretion, reserves the rightt6 pursue other courses of:96tion in the retention and use of program income geherated by the ,Awardee ; and such action shall not require an amendment ment to this ddritracts. S. TraVel The Awardee shall comply with the Countys travel policies. DOcu.06h.tatiori of travel expenses shall conform to the requirements of OCE D 's Contract Compliance Manual. 20 T. Subcontracts and AssigpMents U1148$ otherwise specified in this c Ofttract, the AWard6b shall hot 906611ttact any Portion of the work the prior written consent of the 0 P .County. Subdon,traGting without the prior consent of the County may result in their m MaVon of the cbhtraGt for breach. When Subcontra.pi.frig is allowed, the AWaAee shall comply with County Resolution No. 71Q`341 I 92, Section 1044 of the County Code and 8edion 2-8.8 o . ft the . County Code: I Th. a Aw ai e el shall ensure that all subcontracts and assignments.-. a. Comply with all requirements and td�gUl.atiohs §pecified.in OGEDV Contract 6o m-gliahce Manual, b. Identify the full, corre'' ct, and Idgal name of the party; 6. Describe the activities to be performed; d, Present a complete and accurate breakdown of its pridz� ce c6mooh6ft es inodr orat,e a provision requiring cOmpli ante . With all applicable a regulatory ptid their requiremdhts of this contract and � with 4h n Y conditions of approval that the .06unty or OGED .deers necessary.,: This applies only to subcontracts and! assignm :ents Jp which parties . are engaged to carry out any eligible substariflyp: prograrrimatic .service as; may be define . _y QCE�D, set forth this contract, . ACED shall in its so-11 di 'cr'e:fI d ete s 001 rmih6 wfteh services are eligible substantive :progra rrilatic, services and sObjeb.t.16. the :.audit and described aboV6, and; f. Incorporate the. 'la figuage of Attachment E, "Cerfificatlbn Regarding Lobbying." :2.. the Awardee shall incorporate in all con.suitani sui3crsntracts this Additional provision, The Awat.dee I is hot responsible fdr anyinstieah6d oe,6ther:frhIO# benefits, e;§.p sddjal security, incorrie tax rithholdings, rdtieemefitof leave `benbf ts,'or the Cd.hsultAnt de.. Omploy6es of the Consultant hormally available to direct emplOkiebt of the AWar"dee, The. - Consultant itant assumes full responsil - 6 - 111tyforihe provision of all Insurance and fringe. benefits for. himself' or herself and employees retained by the, Consti . Itan . t, in `carrying out the Scope Services ices provided in this subcontract,. 3. Ihe Awgdee shall be r6spobsible:for r46hitoririg the c6fitr9btuM pertoftbande, of all spboOfttr cts* -and their pro tow; fd tI th gres- a mee ing , e approved goals Arid d bj ti I dicatodih the S op of Services JeG ives in C 0 4., The Awardee shall receive from 008D written: prior approval for any subcontract prior to engaging any pady Who. agrees to carry out any substantive programmatic al#iv. - if! . 4s as ma be dete . effi I i . hed b*v: OCED as described 1h this dlohffAct. OCED's t approval shill be ob Aln6d prior to the release of any funds fOr the tijbcofitraql . or. 5. The AWarded shall receive Written approval from [ICED prior to either a_§sIdnihg or transferring any obligations or responsibility set forth 1h.this 21 contract or the right to receive 1jenefits 'or payments resulting from this cbritract. G. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by 0GEDln excess of the total dollar -amount- agreed upon this contract, 7, If the subcontract invoives.siI00,000 or ?ore to provide :services listed in the Scope of Services or §Uppjlers t., supply the 'Materiels:, , the Awarded shall provide the names: of the s3ubc6fitraGtor§ and su''plier to OGED. The he AWa"rdee 'agrees that it will not change Or §ub,§tituf6 subcdntradtors or suppliers from the fist Without prior 0 wrift Let! approval from' OCE0. U. Addi4ibnal,17 unding The Awarded -shall notify OCE' of any 11ditional fundin received for any activity it 1 any additional .. I fund in g. , for , . . . y d6isqflbod in this contract, tuGh notlfidaitjofizhall be in Writih and rdceiV6db 'QC ED w Ithin thhtyt(30) days of the A*ndad's hotificatibn b the ftmdlng't;ourcd,. . V. 1Vldth6d. of Pay Merit The Awarded -shall be paid as described below-, 9. The Awarded shall be paid for th6te OX.penseg allowed Punquafit to the .;1 C the p provided below only When Aw nice submits to 0 ED rpv.lslo.h rpv,.,, d 'Adequate., 1. proof, oOf, :as dotdrin-Indd lay QGFD in its told discretI66, that the Awarded ha's incurred the dkp6ifillture.t. It sih.611, be pieaUmed that the Awarded bas provided' adequate. proof* Of having incurred ekp an sias.if the Awardea.submits,to.0C.Eb. Canceled checks or original invoices approved by the Award,da's -authorized. representative., VV'hen, prig 1 . nai I oGuMent ! s cannot b I e presented, the Awarded Must .adaqq;ue " t I t }us tifytheir absence Inwrldn'g and I furnish comes, of those documents to OCED., The AWardOe, ffiUtt,adoquately justify - y. their .. absence in writing and f0rhish copies Of those documents t OCED. The AWarddo shall be p ,only for th osp pendit ures co nt ai ne d Within" Attaclimeiit 0, ',fBudgdt,7 to this contract as it may be r6VIS:ed with the prior WiFittbri a' pptbval by OCEb.: 2. Requests f . or payment shall submitted be assembled by calendar month and submitted to OGE h frequently than monthly, 4p9nidItUrag incurred by the AWardae must be s;ubmifted to OGED for payMeht,WlthIn 30 days after the, i month in Which the aXpond) t wres Were Incurred.., �alure to c6moly may re.. ih.rejection : t of invoices. 3. In no event shall the County provide advance CD.BG, funding to the AWEfl R dee or to any subcontractor hereunder nor sha . If the Awardee advance C'09.G funds to any Party. 4. Any payment due under the terms of this contract May fie Withhold, pending the receipt and approval by ACED of all reports and documents Whidli the Awarded israq4ired tea subriltto OGED ptirsuaritto the tetnisof this contract or any a end merits thbtet6. 5. All payments Will be limited to the quarterly payment schedule that accompanies the action ste p chart in the .scare: of services and payment is con ti ngdrit an the achievement by the Awarded of the quarterly accomplishment levels identified in the scope Of 8L aiVlbeg portion Of this , pgree.ftnt Atta-chrrieht:'FA," which, shall be submitted with 'all payment .requests I s abd shall clearly identlfy:the,c6mpjdt6d level of ace6mollshilients Met. This shall Also A'J: ly to soft costs associated With project del!V& pp Y 22 6. No ptiyments will be made Without Olftfto of appropriate insixtando required;b this contract. Such ideh ust be on file'i With OCED and the y I ev Q0 m County's kisk Management Divislom OCED must receive tho.final request for payment from, the Awardee no more than thirty (36) calendar: days -after the expiration !on or termination of . this contract. If the Awardea; faffsr to comply with th 19 requirement the-Awardee will forfeit all rights to payments if bG'* ED, in its sole discretion, so.chogds. 7. Within thirty (30) calendar days Oftot this contract expires I � * o r is term1h ated, the A*zitdeot hall . provide to OICED A, fist of all invoices and costs that relate to this contract's approved Budget and that: have not been submitted to OCED. Any invoide received by OCED, subsequent to receipt of this list by 6G 6 which reflects a cost not included on this list will not be. paid. 8. All monies paid, to the AWardee which have not been used . to retire !to 6utsian_ ing ai llgatfohs of this contract Must be. refunded to OC810 irf Odod.rdarido With O.QED's- Contract Gonripflah6eMahual. 9. Any unexpended funds remaining after the completion Of thd services under this contract, or after termination of, this contract for any reason, shall be: recaptured In f I u� . 11 by the County. 10. In the . event the det P, has breathed the tj or inep that the AWa doe errri.s of : thi . s 'th'nt and that the t U led to return Of the rity is''prit! or All 0 feeds p --� 6r d q under th- ls contract, AwArdee agrees to aril sha ll assign an y ,roceeds. A W the county f ro any belEuveeri the County, its. ag0hp k es p4rthef�Oip or or instrumentalities and the Awiaeded .Oif Anyflrmi, corpoeatio jointventure in which the Awardee has a controlling finandia I interest in order to secure .repayment. of this award. "Controllfnq financial interese° shall mean. 9w e III directly or indirapffy to 'ten ; percont or more of the outstanding Mrstip, Jrec. Al stock 'copit" in an y torpor Atloh or a direct or indirect interest of. top percent . . , or . mor In a firm, pa rtndrshiY or ether bushipts oritity. W. Revet.sio'n".. Assets The Awardee shall return to O.CED., upon the expiration or .termination of this contract all assets, -as a result of this contract, owned or hold bay y including; but not limited to a CDBG f rids on hand, an any any ..; . P , , , I hand, � ., .-Y CIPCPUR�s overpay0 rits clue t6, Unoarri6dfunds or costs disallowed pursu t to the :terms of ,an this contract ' that W pro di' b. i rsed �to the: AWAM6& by the . outer t4ah reasbnable a n and deficit reserves establishad Aw 66 and Which are c I- h, �66td With the neat Or6ped so of activities involving, real P, rt ,o, n y. 10 the ca rope� Y, such reserves shall not be distributed to any partner or stibcontractor'prior 'to re f GDBG Loan. Awardee "shall at the request of the .,payment to OGED o the County execute any and all documents, including ;.but not limited to mortgages. qooti. I ng property roperty an'd 'UCC financing as required by the County to _q. : rr- ... effiactijatd the reversion of Assets. fit, The Gotinty.Aor6dis: Subject to the availability of funds, to pay for contracted activities according to the term§ and conditions contained with - in this contract in an amount not to ekeeed $2761.,000.00. IV. TheAWard6e 400. OOFI)Agroe' A. Effective Date I. This contract shall begin on Jzinuary 1, 2008. Any costs incurred by the -Awardee prior to this date will not be reimbursed by the County.- 23 I This contract shall expire on becember 31, 200 Any costs incurred by fhe Awardee. beyond ifils date will not be reimbursed by the purity. The term of this agreemarit. and the provisions herein rhawbe eXtended by the County to cover any a00 to _ nal time period, d.uring winch the ftatfte temain!§ iwconffol of the CDBG funds or other, assestt including Pro.&-arn Ind6me to support C bb 0 6 1 i g 1 jli 16 ;idtivitet;. A' ny extension rn' de,p to this.paragrPph shat] be aCc pIn 11"h d by A, writing by .the County to the Awa rdee. Such notice $hall autpimati6ally be&6ine a. Part *& this contract. 3. This contract may, of the sole and absolute discretion of the. County OCIED,, remain in effect during any period that the. Awardee has control over contract fundsj:lnGlqdlqq program] income. However, the Count shall have- n contract ' funds; * '' 1- , ' 4 1 gi I 1 1. ; � .1 .: !. ;T 1 Y q obligation or re porisibility'Wmake any payrnbht cikbept.those described Within section 11, Paragraph V .: . ., _ section _ yi, e any or Pro 'd type of sistahce or support t ?'s P, o the AWardee if this contract h ...ps expire 1. Ot8l) may, for reasonable causes as determined in QtEbs. sole and atisoCute discreflori, . bmi orarily suspen b's iopeta end p:. I e 66ns a, d th6 Award authority tia p bl gale fuhds:,Uhdbt this contract pr vithhb d t t the paymp.0 s o Awqr0ee pending n-6q&§sAr' qqftddtiVe action by the Awarded or bpth. ROP#6hoWe qptlse shall be doteernined by OQtEQ,* iii its stile and absolute disdrefloh, a 11 �110 u 'd e butt is no f limited tot a. 'Ineffective or improper use of these contract funds by the Awardee or any of Its subconfradfors;- P. F'Aiiupa by the ftardeo to comply With any terra' 'provi Jon of this 0, Failure by the Awardeb to §ubmit ;,'any documents e9quie6d 'by'thls caiitract; ,or d. 'The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the eVent of a default I by the Awarclee, .6 CED MaY At any t'im'e SUO-Oprid the gat funds, *Ithh6ld payments .4rdees authority to 'poll 0 , mq, w ne t or 46th, These actions may apply to only paO or all of the activities' funde'd by this contract. 3. 00-ED will notify the Awardee of the type of action to be taken, in writing. by certified mail, return receipt requested, or n person with proof of delivery. The notifitallon. Wil. .1 include* the reason(s) for such action, the ponditions:of th,L:i 'action, and the. ,necessary corrective 'ad loh(s). OC813 will give the Aw8rded:reason.able opportunity to rectify any action or it action referenced above. C. Termiriftflo 'r n 1. Termination at Will ,:. This contract, in Wbol I e be in pail, May be ferMina ted b , OCED upon no less .1 1 1 ., I . , I I ..: .1 z ;z y c; P than ten (10) working days notice When OCEDdotorrillnes that it Would be in the 'best interest of OGED and the County. Said notice shall be delivered by .certified Mail, return receipt requested, or in person with proof of delivery; 2. Termination for Convenience 24 OCED may terminate this contract, in whole part, When both parties agrse that the coritinueition of the activities W6 Id, not produ e beneficial Z * * ** * . .14 , , u a results corriffietisurate with the further exp n u e � dit re of fui ds. Both parties. shall agree n up0h thd. terminatimi condition's. OCED, at its sole discretion:, reserves the right to terminate this 60'ritract-withoui cause upon thirty (U.,j days written no"tiC6.. Up in receipt of such notice the Av;ardd6 shall hot incur 0 additional cost. under this contracI. 0 , GED sup , i . I be liable Iq only for re . �i . t o,ht . i b 10 costs incurred by the Awarded prior to notice of termination. OdEb shall be the.-sole judge of itreasooble -Gosis;11. 3. Termination Bedziute- of Lack of FOOP In federalappropriations, or should futids to finAtioe this contract become unavailable, 'O.G#-b -may terminate this contract upon r on �no less than t, -fou (24} hours written Wen notification to the Awardeol. Said, notice shall lie dOIIV&rOdJ " certified 6 i d Mail;# return receipt requested, or in peirson, With proof of dblivdN. OCED shall be the .,.final authority 10 deterrriiriing Whether 0:r not fonds�, arb,:a available, OCED r v may at its ditscretibri tertfilhate, renegotiate anOlpe adjust ust the contract award, . , Whichever is in the best interest-6f the C' iinty. t 0 4.. Termination f6kSdb§tantlaI Funding Reduction In the event of a substantial funding %elf the allo dation to the Awardee through Board of Coo t Cqffilhilpsion* ars action,'thd Aw4tdee may. at its 41stretioni, request ] rt we, rf, fhoin. t f OOED 'A rele' aisid 'f riom h Vito tor it's contractual obligations to the 'C&Uhty. The D! ACED Will review � fee o of iho 06 :of the request hthd com' a it and the County prior to making a effect :of . q . 0. M n final: Ootermirnatjon. 5. Teefiih'Atio" for Breach 11, . n ACED: may ternflinatie this contract; n I W i bid or in' partf When OCED determines, in its sold and absolute di scre.1 h,, th6t , t the AW1AMee is not making suftrcienf Or' Ogress thereby en:danger`iri the ultirnite contract perfq xrtance, or is :rfot Matefially complying With.any term or provision of this contract. Unless `the AWardee's breach is waived by-'O'C'Eb. in writing, �P08D mg jc try y Written notice to the A.wardeq, terminate 6 this' contract upon no ldss! titan , e tweniy4our (24) hours riptide. Said ..halt �4__ re notice be delivered by certified rnall, return receipt rqquested, ot In p0tsbin with proof of dalivdty, WEfter, of breadh Of any Ptovisibn of this coritract, 0001 riot 1ie -deemed to be, a waiver of any other breach and shall hot bec6histrued to be a modification of' the terms of this: contract. The Provisions herein do not. limit. OCIED's right to legal or 6. Penalties for Fraud, Misrepresentation or lviatarlai Misstatement In, :accordance with the Code of Miatni-DAdd County, Section. 2-8.1.4 any Individual or corporation other Ont1tv that attern ts to meet its .contractual ora, ion or . other � , . . p Obligations With the County through :fraud, misrepresentation or material mig9tat0m,dht, shall be, terminated,, whenever practicable, as determ! . ned by the G.6'finty. The County may . terminate hate or cancel any other contracts with h such individual or subcontracted, entity it has With the County'. Such lqdividualpr 6intl.tV shall 25 q be responsible for a[, I direct -and indlr6U costs associated with such. terrhination or cancellati6n, ihchjdJnd attd rn ey s fees. The foregol n*g nb;twit Manding, arty individual or entity who attempts to rhbbt h its contractual obligatiphs with the County through h f aud : th . isrdpfdsbh I contractual I . . .q., Irl. i .1 .. . fation brtnatofial misstatement' ay be disbarred from County con rat ing foe up to in t five (5) ydaes. 7. Payment Settlement If termination occuYsi the AWAMee 'will he Paid foe allowable. costs incurred in carrying out activities required by this contract up to the 4 an an c ata d time of ter nailoo, . !, 1. 1 Renegotiation 6 M6difi ' ti r 0 1 ica ion 1. Modiftations of provisions of this contract be valid oily w.h ' n in writing Arad o signed by OUJY aufhojj;t1&d rdped O rjtat V Of cacti ac arty. The parties agree to renqq9tiato this contract i 0 ED, in its di , - rA, f sole and absolute* iscretion deterMf1hes that fedet s of any app) aIj:§tate,.ahO16r CoUnty'revISIOR , : . 1 1. . 1. � ... I . .1 Icablot la ms or regulations, or incr' ' ' decreases ' t inbudgot. llocati6nsthzi eases or kd than .in this contract .. ges t 11660s§4 . OCED shall be o final authority in deter ining W416thO or not .fiends for this contract are avallabia duo to Federal, state s to and/or Gobinty 'revisions of a,ny,.;!p pfica.ble law8br fbgul4irlons, bt !"&r ases or decreases in budget alho,cations., Z. CONTRACT EXTENSbN The County shad bA v�'Ih6 yfghtt6exo an_ option to:.oxie. 0 4 Phis contract for up. to one year beyond the ' current Contract period, and . will: notify the AWANPO(s) in WkIthig of the -extension. ThIsl contract, may be ekt&hddd beyond the initial year extension period upon mUtUAI aqr6'rh&h I b*'tWb . On th ,_!, - I-- : P __.t _6 I. e County acid the: Awardee(s), upon approval by the Dlf6ct6e:idf the Office Of Comrn) hity and Economic; Dev eio pmoht;t El. Right to Waive OCED. may; for good and, sufficient cause, as determined by 0CMIn Its s616 and abs.q!vte discretion, wa! d bt Walv V, prOvIsid.11sin this contract or seek to 0 � a,P sup. from the appropriate authdeity. Waiver re" or quests from the - in writing. I be Any Waiver shall not be construed to be a. modification of this contract. OCEMr failure to exercise any of its.rlght$ under this contract or 0 GEIJ's waiver of a provision on any one occasion 'a t $111 11 no constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exorcise of any right shall operate as a waiver: BudgetRoVisions and Changes to the COBG Eligibility Activity tit! 1. Revisions to the [Budget (Attachment. 8) :shaft be, requested -in Writing and must comply with 'bGE'D's Contract G Qmjjlia'h&e,MandaI-, These revisions shall not require a contract me I a ndme of this contract is el. changed or unless bthoMiso.rdquired by OCED. All budget revisions 8; hall' require the writ.ten approval of OCED. OCED shall 'have no obligation to approve payment of expenditures Incurred prior to the approval Of the budget revision related to such expenditures. 26 2. Budget Revisions Through h iCounty Resolution Should. a portion of the funding allocation to the Awardpe, be, rescinded by action from the Poqrd of' County Commissioners, w .rRtd.n notification via certified mail to the Awatdoo advising of the funding t6d c !on s� all. be U."t. . � h . son, by OCED ,no later than 5 Working days. of the actidn" Whiten no * fificAtion' wl 11 constitute a contract, amendment. The;AW,0000, Wilt have .-fivid-Working days upo . A receipt of certified return receipt notification f6 submit.a revised budget reflecting fUndifig adjust mefits. Should the:modified budget not be received Withih1he specified time, OCED Will revise the budget at its disordtloh. OC12D in its solo and absolute discretion will determine Whether substantial reductions Will necessitate revision and f6tu . bffiittal of the Scope of sorvi (Attachni.ent A) ;Revisions to the Scope of Sojv 1 6 ov w h en re'uir0d, will be negotiated to the mutual satisfaction of both, paitid 3.. Revision$ to the CDBG eligibility -activity titles under which this contract's t'Ve' a sifiod as noted in. the Scope of Slervlcos��sbef 1 11 not require a Objee s r to 61as: contract amendment. G. bisputes In the event an, unrot6ivoddispute exists bD tweeh the ftArdee Mid OCED, OCED shall refer the qu6stionsi. Including the views of all itA&L-st'd ' interested parties and the 'redorfirnelidatloh of OCED, to the County Manager for determiti;Alon. The County ,fvlahner, gran authorized :representative,. Will issue a determination within .thirty (30) calendar days of receipt and so advise' 00i�,:b and the Awardop or: i . n the event ,additional time is necessary, Oct:b,, will notify the Awardee within the t h: 4ty fqP) day .pqrIod tha t adoi flonal t Irne is nqCq58qiy. Tl e vrardee. ogrbb, that the County ivignoger':$ determination shall be final and bi n.01 rig art ail parties. H. ffeadiilg$ The sectldn* and paragraph headings in this contract are inserted for convenience only: arid arid shall A, oi aff, - eci in any way the meaning or interpretation, of this contract. 1. 'Minority Participation in order to gain greater glac : k. business hess participation, the AWattlod.may s(ibmlt its contracts to the Cbui.ity Manager for bidding and awar, d in a6c6edahe"e, 'with County policies, and procedures,. J. Proceedings This contract shall be construed In Any Manner pertaining or relating to, this - tontract shall, to the extent permitted by I IaWx be hold in Miami-Dade County, Florida. KI. lnd6p&nden.tP'rivAte Sector Inspector 006eal Reviews I.- Miami-Dade County has established the Office of the Office: of inspector General which is empowered to :perform random audits on all County . contracts throughout the duration of each contract. Grant r.0GlPIQht9 are exempt from paying the cost of the audit Which is nor'' in a. ly 1/4 of 1% of the totalbontract amount. Thd;Mlami-Dade GoUnty Inspector General is adthoriz*ed and empowered review Past, present :and propcse.€I Cou n . tyand Public He Ith T rust programs; contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to su bpoona Witnesses, ad 'all n i$ter oaths, require the product I ion of records and m6h Hot existing . proj ects and 27 programs. Monitoring of an existing project or program may jhcludqa report concerning whether the project is on time, within, bqdqEA and in compliance with plans, specifications and applicable law. The. Intpedtor General is empowered to analyze thd necessity of and r6I as5nabloes P of proposed change orders to the Contract: The , Ins pod tor Gene(11 is ernpowdrdd to Detain the services of independent private sector ins r p6&tot,§ general (lPSJQ) to audit, investigate, monitor, oversee, inspect and r6v.16W operations, activities; performance and procurement, process . including but not limited to project design, bid specifications, pr pasal submittals, activities of the Provider, its officers. agents -and employees= lobbyists, County staff and elected officials to ensure compliance , with ontract,sp.41fiezitJons and to detect fraud and corruption. Upon ten (10) days prior Written notice to the 'Provider from the inspector G0hOfal0r'lPSJG retained by the Inspector General, the Provider shall make all re'ques'ted records. and documents available to the Inspector or- Genera. JPSIQ for inspection and copying. The Inspector General and IP$IG OWI have the right to inspect cony all d A In the Provider's botges*ion, custddv or control hi h WhIchi Iri-thbih pdct" Genera[ s; , or ,.or !PSIWs sole judgment, perta1h to perl'brm''al ned of the, d6h; trAat l' , in lUdIftg, but, C 'I A not limited to original e itn4te files, w'r`k066t:s, proposa s- an a .." - 1., 9 '5t I r 1.0 9 front and With,, and unsuccessful tubdofit ractors and suppliers, all project related correspondence, memoranda, instructions; structionsi financial dodurfidnts, construction documents, proposal and contract* documents back charoe., documents, all documents and records which InvolVe ,cash, trade or 'volume discounts, insurance Proceeds, rebates, or ivi . en0p di Id- rec6ivqd; payroll and personnel records, And sti tong documentation for ppQ ing the , aforesa-iddoctitnents and records. Th,e,ptovIi§i6ns in this section shall apply to tIhe.:Pr6VIder, its officers, agents, 6mpl o . yp! . p , s, sUbcortn. Ott an " . � d sPljers. The Provider shall incorporate the !rS provisions in this -section in all subcontractors and :611 other agree mia.rits executed by the Provider in connection vtrith the performance of the con t ratt. Nothing in this contract shall IMpair any itidepefidentfl§ht of the C t bun y o conduct audit or investigative. activities ivities The sor(t16h are provIsions. of this' neither' intended nor shall they be d6h.ttrued to I imp. 6s6 aily1ability 6 : , :.. : . h the ,Count W by the Provider or third parties. Thie Awardee is aware that Miami- Dade, County Office of theInspector General has the eight to perform ramdom audits on all county contracts throughout the duraticin of each contract, Grant Recipients are exempt from paying the costs, of the audit, which is normally 1/4 of 1% of the total contract amount. L Notice and ConOct ,OCEb's representative for this cc riteact is Letitia Go" ds6h. The Awardee's 0 representative for this contract is W. Ajibola Balogun. The Awardee's p ri Incipal office is et 6130 Sunset Drive, South Miami, Florida 33143. The Awardee's telephone number is (309) 663-63A In the event that t different representatives are designated by either party after this contract is executed, or the Awaedee changes its address, n6tice'of the name of the noW representative or new address will be rendered lns Writing to the other patty and SaJd h6t.ificati.on attached to originals of this contract. E M. Name :ari: d' Address of Payee When payment is made to the Awardee',.0 assighbei the fianIq and' address .of the official payee is, N1 N. WalVee of trial N.Oitfi dr the A.waffled, 8t.ibcoritr, . attor, n6e any other person liable for the vqspci*nsilbllitje; obligation . s I .services and representations herein, nor any assignee, r ta IV .0 successor, heir o personal -represen tl e f the ,A.W,a,rdeo,,:s..uticont,ractor or any such other person. or entity :shall seek a jury trial in any lawsuit, pro cee. d"n' gi counterclaim or any other Litigation procedure based u0on or ar i slog otit.oithis Contract., or the dealings or M6 rof ti6athi p . 4otWeen or among such . persons or entities, any such on or any of them. Neither Awarded. iubtontractori nor h per$ * or entry Will seek.to consolidate any sudha-dtion in w bit ha fury - fria h as been waived. The p-rk-wisions of f his paragraph have beef hilly fl Ily 4[scou * . sed by the parties heret 0 -an Way arki the pfovislo-M Mfe"o shall be subject to na exceptions, No part Y y in agr:eptl with represented 4 presentedto any, other provisions 0 her paqy that the s of this. paragraph p 171 x4ill not befully y enforced in all! instlanqes,. 0. Assignment The AWardee shall not assign, ttAnsf6t,, hypothe'dald Or otherwise dispose of this contract, includifi any tjghtsj: title or interest therein., or its power to execuiesuch contract fo.Any person, company mpany or corporation without the prior written consent of th C .0 Qurity. P.. third Parties ]M M This agrpefriph I t . i : s i . Mended for the sale 'and 'ex&lUsiv _ be ne t of the part le s and is: nrit Intended t ben . Ofit y1hirO Arty nor -shall it be deem; ed to give rise to any rights in 9 .1. 1. . pa a hy third party 86rvival The parties acknowledge that any of the 61 bligatlo0s, in this agreement, intl"dlng bUt thp:Qounf�',, Will UNi not limited to AWardlre;e's l -5 v th* tlorilq in unify e the d termination and c 0 0.6 0 t1qtJo.. n h6r6of. Acciretingiy. the 'retp e'dive obligations of Ahe Avuardee �and the County under this agreement, Which by* nature, would continue beyond the fermin6tio'n`, cancellation or expiration !ration thereof, shail'survive termination, cancellation or expiration hereof. All Terms and Conditions lhq!U.ded; 'this contract and its,attachrn6hts' as referenced, (At, tachme6f A 4 Scope of SeMaes* Attachment Al Action Steps, Attachment B Budget, Attachmerif C , Progress 1 Attachment 11; .. . n Report.; Attachment D Mo6rmation for Environmental Review; Attachment, Q rtificA66 ni Regarding Lobbying; and, Attachment r � Publicity, Advert" Isemprils an Signage) contain all the terms and conditions agreed upon by the parties; 29 IN VVITIJESS; THEREOF the �Arfles hereto have caused W th! a g e fit ract . : to be exec-ut6d p by their undersign' ed 6fficia-is as duly author N lZed I ay or 008. ��Uyl � pz, AWARDEIz- City of'south Miami R5 BY: NAME:. TITLE: City Manager DATE, BY: W AM t TITLI=;. DATE -Witn 14ub- ra I.) or r1nfM'- m Maria M. Menand I 9z Typ6 drPr"Int Name Federal lb Wwhbor 50= 6000431 ReSplutlo.h 4: ft-1222-76.7 AWatdeL-',g Fiscal Year Ending Date; 09130109 CORPORATE SEAL: AhIAMI-DADE COUNTY rfas Alvarez TiTLE. fWayot d,o'f Co' unty ners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES RFA FY200 Dater Acronym, smlAmi 21121200 FY 2008 Activity . 10: 2005-01346 Index Code; CATIEGOW.- Saorce Capital QDBG 'Improv Offiont Applicant I bovelp.po.r (A.K.A.); Oity . of 50U . th Miami Appli&dnt Ty'pe: Municipality' Acfion, Ffq.n 11): OB Nuffiber'-.*" �WID Specific: Attacbmant A Contract Number:. I 0_1 Contract shell imeL Applicant L5gai Address: 16130 SUNSET DR T8143 CITY, ST, ZIP: SOI 1TFi Ml ~FL 061itadt: MrWAjibola Gala' gun, .Pholw, (305) 663-6338 Ac JV ty...J.1tid 'MUrray,Par'k.S Ph- Titlei wimm, ing Pool Design and c6n8trUct"On of aCoMinuhit' Wrilibitig Pool lodated atMurary Park, located 8f.6700SM58 PfaW, South y S ' i * i Miami, FL 331 13, in the South Miami KRSA. G ma ion rAdt flif6irmam 0 n lgee Wurnberbf bnitq 'Y07 'Contract 06, . 1; ntiaft Pon; k?K,.Q)O od in A Offlder P.Plic !on --yby IDIS 4 Planner: YO7 F undif q: �4s Parkinson Propbsed,.by Funding: YOS Nof)-0050 Purldi n FNatnd mg� LNarne Codt,per Unit. (CP . .. . ........ (68.Req,dested Arnoubf Title: act St&tus: 7,Q00 _ Gonte. . . ........ . ior Year $0 P C 0 N/A i� ForwEd' ,ry rd Title:: Contract DOtd s Start complettd-ri, AM66tim6rif 2608' Start: 8n. AUDIT DUE: bon N an O'ca . tio aid ri Total FN� 2:008 A-uncry Fiscal Year Erica: Ph raet Tv4tk' to counmued bate Scope Finalized' Sei3t to Clerk Attorxt6jr of Board: tu�neq frohl _M rimed Date 13udget Approved Sent to County . R tanagerCounty Mar)Ei Executed GLogr4phicl Inforhuition (Ploa er S eftieth b6r td, GEO C ObE Activity Add rens) AqtIvity Geo:Adcfrass: Activity Goo city= 466k Group, 16800 SW 66, Street South Miami 76 P 10britiaboh if no streetaddr �, j rovfcetilossfoarj InForitia Joh i =i 140rijb` (QA Tjjrj jjc-) or�tf ) 00-4025.M1-0900, 0910,0920,001 . 0 HUD Code; IjUD Activi T'ypo; Objectme; ty Natlohm Citation 'X, t -villifiloo: 03F Parks, Recregibri6fFac,ilities 570.201(d.) 510_20. WA I -ten Accon-,J)46�ai a I ype i?rbjtjL;+ l et &n tlifkwti. PLiblic Facilities lnfrastrLICtUre ACTNITY TITLE- 2. ACTIVIT Y'DESCRIPTION: Sw—ffiithing P al Design Capital lin P14oveftmits 3. - APPROVE D BY BCC: $116,00.0 - SO! URC E: CDB G 2009 5. -Ift Sa. — HUD matrix code k; 03F 5h, Title: Pa.1-ks, k6croatiotial V aciiiiie- 6. - ACCOWLISHME NTS: >; CO- L.Uitia 0.0o'ds6h, PLANNER:- Whiston Parkinsn CL a a 5 7 i' a. m m 0 cn 0 > �-0 c m m m a O ; _S m co a 0 na . Z3 o m td to b z. @ ail o =f- 'a P �° n m j to '0 4 3 c rn Z O ` -i ,cam 00 O r Y3 f" , g .O z Fcz 3 SEE W: M b _0. o rn m CA ca ». O C7 a o o; ti . ]? rri 71 n > "a .' D. Key. it < w >'. m m Tti U . "RI � m D m -0. d C m Z m � a ,� r' ` rornc m H ` zmm,'2 lo -' a. y. .0 m M c m' < m - z r" c�z cn o Wa: 0 T '. M UD Cr� t - rn m rn c' Affachlmen.I,B CITY OF SOUTH MIAM t I 7 M -A-ign rMIS7 7 oc ON CDBG SUMIMAR B V ' ' DGET: arfuarjr 1, 2009 then DL deftiber; 31, 2008: PRIOR YEA -FY 2008* M.N-00W OAT E00RILS FUNNNO TUNIA G tti i7i lG toTAL 1. Per:*' I so ne n $ 103 $ 11,00mradwaf-S'ervioes $ 259,637 $ 50,000 $800,687 IIII.Opprating Services; $ $ - $ - Capital Outh.-Y I Tai .L UDGET $ 276,000 $326,0010 SOURCES OF OTHER F Q Nbl' N G- TOTAL AMOUNT City of South Mam'! $ 80,000 Attachmaht B CITY` O� 8OUT14 MIAMI,. IN.''C CDSG FY 2090, M u"tra,yPark SWI mlm-`ln'g;,Podl-besMon' Phase. DETAIL BUDGET JAnuarY i, Z008 th'tu bede-lonbor 31, 2008.1 4010 Fringe BpndfitS. PP JNOi- OCEP--; _ED 90- Tbtw OCED Total All Sources PERSQNAEL-Erhploy'ea* 0. - 0. I IQ Regular - Safarie5 ""'. — . 0 Sub-Total Fringe 0 1,153 1 613 0 $7,000 $7i000 IWAO Qhipf App rit rit p 0 0 $2,790 $2;700� $2.700 '- Q.r Ms administrator 16,.363 .61 500 I es Sfjl��Tota Salad; 0 $15,200 $,15.i200 $15'200 4010 Fringe BpndfitS. FICA (016yX7-65%) 0 l'i i 0 IJ63 0. - 0. I IQ 0 ""'. — . 0 Sub-Total Fringe 0 1,153 1 613 3 -.042G.Mv -- ---------- 0, 0 0 Total Personnel ..16,803, 16j353,1 16,.363 0 -064tiv 3101 1-T bh.e R' - Odow 0 0 4 '' *.� 0 0. - 0. I IQ 0 ""'. — . 0 31.61 U Postage.... 0 0 .0 '0 3 -.042G.Mv 0 0, 0 0 Dapr.fa! Outlay 3:1510. Outside F'rintin,g . Q 0 o 0 95020 Computor.Purchase 0. 0 0 47 1. pfflde.Sopplled Outside Vepdors. 0 0 0 lotal Coni'Moditles. 0 Q 0 0 Dapr.fa! Outlay 0 0 0 lnff4trQ.dut6 lmproveinents, 0. 0 0 TOW C 0 6 T QTAL,-! ET PPPQ J, 270,060.1 Contractor shall indemnify and. hold ha less. the County its officers; employees, ... ... 44. an ff, agents and instrumentalities from a ah 411 liability, losses or damages, .1upludih attorney`'? to'' f d..:cbs I ts o' ay nd 49— . Tney S PZ�S�an_ f defense, wbich the r . its officers, bye, §,, agents Oi nstrttrrientalities may incur as a; result of claims, demands, suits, causes of actions or proceedjngs,of any kind br,natoro atis ing but of,, relating to or resulting from the performance of this Agreement by the Contractor or its employees, aged ,servants; partners prift6pals or subcontractors. Contractor ,shall.pay all claims, and losses ' in conn ' * ection therewith ad :shall investigates and defend, all c3aitn§, suits: or action's of any kind nature n.d -or patu i the paqb6 of the County, fuhere ,applicable, including appellate proceedings, anal shall pay all costs, judgments, and ;attorney's fees which may issue theroon. Contractor expressly unde stands .and agrees tbat .. anyinsurncepro." ' tequiked by this Agteotnont or dth0rWi§dpkoVid6d by Contractor shall in do w limit t- d ay imu._.e responsibility o J11 6inhify keep and gave harmless and defend the �County Q its officers, empl 60 agents: ts, and instrumentalities. lities. as QY herein provided.: The. ' Contractor. shall furnish to Miami-Dade 'ou Offi �. G6 i o - f Co' ityand Economic Developmoiit 701 NW 1. Court, 14`.. Floor _MiamJjL 33136 Certificate (s) of b1stirance whioli, in d wdtol that insurance cove-ragebas been Obtained wbith i dt ents as b6tiffied below! niq 5 jap quirem A. Wo.rker's, C.'bitpen ion liisbrauce for ,,a' 11 employees of the Contrador as 6 . 0 Florida . by 11 Statute 440. B. Public Liability. InSuraiiOe :b J " I . 6 '". - Insurance . n a. compre j,wive.. basis n' aii -amount: not less than $500,000 combined single.- limit per occurrejioe for bodily 4 d injiLlry at! -.0 ge', pi- poiV ftha aaizii- Daicie County roust be shown as ah Addit, ioioil ins red with espe t o this COV!,e C, Automobile Uability Insurance, covering all owned, non - owned and hired v0j,i6 os used in connection with Ith the work. -in an amount hot legs than $500,900 combined, single limit' per occurrence fox bodily injury and propert ain_ r damage. D. 'Completed Valued Builder's Risk Insurance on art "All Aisle, basis in an gibbb i t o 0 t less than one,hundred. (1000/.*) percent of the insurable value of the building(s) of- steucitiro( the Polity ,shall be in the. name ofMiami-Dado and the Contractor:, E. Professional Liability Insurance in the name of design professional for tbist,prQJq,ctw in an.4mount not less than $250,00 with the deductible per tlAiii if' y- t .the Iii it.. i Any, no. to i�,xceed 10% of T1 All insurance policies, required above shall be issued by Q' horized to do business un 0111patiles alit der the law., of the State of Florida, with the following qualifloatio'ns:' The company rhus i be rated no than "B" as :to management, and n6 les s" ,than "Class Y" as to financial strength by the latest edition, of,8eses Insurance Guide, published b AM, Best Cqrnpau Old' i k. New Jersey, its, equivalent, subject to )y, �v. q Y py the approval of the Count y Risk Ma.: gpnqnt Division. Of The company rnUst 'hold a:valld Florida Certificate of Authority shown in the latest "List Of All Insurance, Companies AtThQifizC.O bt.:�LPprOV ed to Do 8usffiesg in Florida" issued b Y- the State of Florida Department of jn8jiran.00 aid are me mi—bers of the Florida Gu4tnty FuOd. Certificates of will indicate that no modificaticiri or 0116ii t thirty (3 ge in insurance a rnacde w.-I shall b. thoif I daysinadvan-c'e, 'toth certificate-b6lder. notice A(fachment C REP G R-T , Q4 . . 40 1 -AM 1. Project Title: Ai Activity I` 4. Cate . ory.:__ --g Sw Activity Address' 6. Commission District: F. Activity Description:. . a.. 1018 NO, 10. Gr6fitee Activity DBJECTIVE AND OUTCOME .(.0re'le that op ow I Create suitable living environfl aents 2 Provide decent afford, phousiwg 3. Create economic opportunities 2 Affc*dlability 3. Sustdinability. LE VE, RAGING OF FUNDS!: X. CDI3Gun€Is _. Z_�eCfign 1(i8 Loan guarantee: 3. FIOME: Othdi Feddal Sfafe/LoGal,F ands: a. Other: -J -lie orgarp,ption cla .. trying out Ups a6tkvit3 of assistance ptovided Under this activity) It= iti the form .of' Ehtcr tile.. number of grants, loans, or other forins if the is al loan (s), Oita- the a.ppr6pdgte.,iii.f6riiiatio.n below. Interest ,l�ni€rz-tizatoti Rate Period (in Alontfis!) Arnortlzedltoan: De.ferred P-aYp*ht/F6r.giVabI.P.. Loan: % Ntge I of 12 12/28107 12:28TM Amount PBUACTIVITY,ZVORMATION liter "X"b by alt that apply: no Jbr>Ohe.Repla(ement: -PisplaqeMent: oat. Funded: Colonia: istoric pLpservafion area: Special Assessment evolving Fund , Favored. Activity: . Activity-. Presidelzttall Declared l3isater Area: )r F'Ioat:Funded activities, indicate and follo-Mhg., indsttoboR&6wed Float Principal Balance: &'Wownfield activities, indicate the # of acres re- Activity includes Multi -Unit Housing units/structure) (YIN)- AN-ity 14Y Ives Rental Housing (YIN)., dir-ate . if activity js located in a Strategy,. CDF!, or lqal Twgot Area. (SIq-& SPqRy Area. ldentift.er;.. osp��dbd Bcnopit?. CY/N): Nature4L6cafion? (Y./N),. ;l Prevent Homelessness (Y' I el Those with HIYIA (YIN). imakily Help. Person's with Dis hbjlities(Y)N ------- Generate Prograrn Incothe (YIN): 1CANIZAtIQN CARRYING OUT1 R& ACT IVITY 19 this ac.tivit3y carried out by the Grantee (Y/N): f yes, enter "X" by-the appropriate category b 16W): Activ*is being carried outby -thogranteethrougb: Grontpe)C-4 ployee's- ant In --------- Contractors: Or ee employees ntractofs: lf.NO" Entpr-orga'rnz'abonh nw'ne and place ai0V'lay the appropriate category.-, Or&PizAtR Name: on Sub recipient only: C-Bno only. Another unit of L6cal G o 6mment"—_---_:CBD0 desig ated as a.suit j-e cj ont:" , A00t].1'erPubl.i.c agency: if the 0-9-aiii2afion is a sub- recipient, enter "X" by the appropriate desi atio belomr: �gh n Sub- recipient is: ':Non-Profit Organization: -p -ofi authorized u Mer 570-201(0): Faith Based Organization: institution of higher edudation, iBG ARE, A BENEFIT DATA isus or Survey* Data Used. (CIS): llfsorvoy u Vd, enter # LowiMod and Total Population al #.of I Lo'W1Mod.in:Servic.e Area- a! Low/Mad Universe Population in Service Area: 'Low /Mod in Service ervice Area, % inty Census le Tract < : ............Block Groups ......... Copped o d data (CIU)? i UTicappdata Rec-1,1 Iculata, Percentage (YIN) ? I Page 2 6f12 107 12-2 PN-f Magri a bire-Ce t3anefli ffivonmPfflop [C--MIatg ihis pprtff C'he"MROGnal QbjGq8v9js LM�CLMM LRPIJ 1. Counts by Households or Persons? (H/P): .2. Total Manbor Benefiting from. the Activity: 21. N-binber of Female Headed Households: 6.1�,Ttllnber of persons served in Entitlement Area: .. .... . S. Number of persons seined outside of Entitlement: Area:; D:-M6thod of Ver . fication by the Agency: esupied Benefit? (YIN 9. Nature/Location? (YIN): Direct Benefit by' Race/ Ethnic Cate k p orY(C-dmu1at1v'e White Asian. Arnprimn, Indian/ tiN.xlmn N tin Other*Pa6Irk!IsI nder Asian &- NVIAte Black,Affica I nAineriun: &'White Amexicapjndi ' anorAlaskan Native&Black African kroeii&u Nfulti Totals it 3: Shum! . ........... 2. Percentage of Deieflorated Buildings: Imprcive t/Conditioh: 4. S.Iutn/131ight Designation Year PART 4: Job. r6goughmotention Information if ifig Mational Obje.cOve IsXMIJ) Page of J2 . V28/07 12 21b 2 : .:2 1 b I . IM I T60 job Total Job Type Q0 uidt'-F u Count -Full Time Job T. iTDP'- A . p'tuall Crateel Adt.uAyRetained PAAT t000. Multi Wilt Adfivity—a-d—t ToW Hours Tpta.Mou#-Pa,i! Percent of Part time° Time- UiWMbd I L owfMod,job'8 IMAT 6: Displa.*6iin6hi Info pj' 0 1 J ein )s I efted AdldTlo�s Hispanic Agla6fPaclfic American Indian/Ala*an Type" Census I Tract Or Cit. Wliite, 'Bla6k p)8plated From Reim hji* 111, fa—i— hrioi-4r.* rtkei ncdtirradl Page,Avfq . J2 :/28'/07 12;23 PM pj' 0 1 J ein )s I efted AdldTlo�s Re jag men Address -Aepjap dIWO ar e rooms Agreementexccuted date, Availat�le Date Page,Avfq . J2 :/28'/07 12;23 PM PUBLIC SERVICESIPUBLIC FACILITIES AND AIPROV-tMENTS Total Beriefiting for program year Now bave new access to this service of benefit: Now receive a spr I vice or benef V that is no, longer snbstandard: have new access to This type, of public facilit Pro p pl, or hiffas'tructure improvement' I-Tonloless persons given dverhiglit shelter; Of 11 thG -,total Rental Units, the number: Units qualified �as Energy $far Stand alrft occupied by elderly: Years. of-4 fp*obijity.- Offfie total Mital units, the number' Of those, dle number for tile cbropicaily homeless.; otal Rental Units for pr6grain year! of the total ke.rital Units, t. -ection 544 accessible units, tight froinsubst6h 1.�rougllt into, conmpjj'jhee witil k�id safety rules (241 CFR Part 35): Numbd of units acated through conversion of non-resideptial to residential buildings: page sofu 12:28 IM REHABIlC FFA'TION OT tREI'd'I'AL UNITS .1 ART-; 2 -tal. Affgrdable.Units for program year the number cif Affordiblo Units the number: Units occupied by elderly: i?lurnber.of years of affordability,; Units subsidized with project -based rental assistance by another Federal,,-State or local Prograr: its destgnated for persons with TIIVtAII?5 inclu its receiving assistance for operations: - those; the nuibber for the clironically homeless: rmaYient housing units foi Itpnieless persons an d f<iirjilies, including units receiving assistance for gyrations; those the iitamficr for the chronically 1161peless: AC -OTirSIT'IONICONS` RUCTIONNEWITOMEf1WNER La[ Q. ner Units.far program year the. tot, a*l,: Owner Units, the number: .ordah.1 units: ars of affarclability giiaranfeed: its gualifted as Energy Star: n 504 accessible: LIseholds previously living in si,&id =zed housing AC TJISITI€TNIC, ONSTRUC'i'IONNItW HONTEOWNER, PART 2 al.0 viier Units fcir grogram year the munber of Affordable Units, the number: Qccupiec] by elderly: Units.specifcaliy designated for persons tii ith IdIV /AIDS: orthose; the ## specifically for chronically Ixotpeless: HOMEOWNER REHAA R.11.NITS al mirnber.Owner Units: for program year lie total Ownei Units, the nun, byy elderly. ,sr moved frain'substandard to standard (H. S or Iooal= code): ts.cluali£ed as Energy Star: _ ts; made accessible;. ught.inio.compliance with lead safety rules`(N CPR Part 35): blAW C FINANCIAL ASSISTANCE TO.I3C3MF43V YERS it number- lyoineb?iycr Itoiiseh ©Ids for program year he total,: spccity the following: (-time hot riebgyer: those,` tun-ii er receiving.housing counseling: m1payrnent, Assistanm /Closing Costs: JOB CREATION at Jobs Qreatedfor progr-atn year s Grenteii. tuber of jobs with ernployer sponsored health care. ;benefits- i nbdr une, iployctl prior to taking jobs created under this aefiAty: 1'age•6. or 12 V07 1228 P&I Type .of jobs Crenfed: Page 7 of 12 121-28107 1.2:28 Piet Professional Technic - laris Sales, Office and Clerical Craft Wokkcrs (skill-4 Operatives (semi--skilled) Labor* (Im*il i0l) Service Woftrs JUB, RETENTION ar F Dial Jobs Re inified forpiogram year Jobs Retained. 9 Jobs Officials and Managers Professional Saies 'Office and Clerical (Craft . Workers ( skilled) Labofcrs (Vriskilled) q. ce Workers Service rvl,1 ASSISTANCE TQJ3USINESSES' For Program Year: 0 of Busin I est Assisted New Total Of the Exwilig Bbsinbss' csa'95istled: Number expanding. 4 of businesses assisted with # of businesses assisted that proiide ,goods or services fo meet needs rif rT:serviee area >. rieiglibbrllood or Specify DUNS # for each businessts assisted TENANT-BASED RENTAL ASSISTANCE Total it of HousrholdsassistO for 'Prop-ram Yr Short terns tentalassistake # of households assisted previously bouncless 611 el) o-Ids Of those the 4 of ChroT ically homeless h s 110TVIELF.SS YkW9NTI0N Total benefiting for Program. Year n to previMit hojjlele§sncss Of persons that received einergen6- fina . n I c) , a] , assistance y of persons that received legal assistance 'to prevent homeikssnegs Page 7 of 12 121-28107 1.2:28 Piet IP-AkT.9- Activity rf fps r,911 -fv6es df actlyffles) Activity Status (Circle One): .1 - Caiicel 2. Completed 3. Ur ddA ay (An activity is considered to be completed wb6n it meets the National Objective and after 01 fhe, fandsate drawn) :2. Proposed Accomplishment Type: 3. Proposed Acclol 4-AdWal Acco �li bjnents� Ty' �54Actud1#6fMtoniplisbin au during 4h pe: o, nals _nrin a year.. Fiiviromnegtal Assessment Code! 7. Create Program Income? -(Y/N)f, Accomplislunent narrative for the Current Program Year (Please make sure fliat:accoinplisfiruents during the currentyear are or' il included. y Maximum .G icy signing below low 1, y6ilry that the ffifor&-itip''n in this 6 t is Acp.Ofate .9 and appropriate records have been maintained. Prepared By: Atei 141 'Verified for c6tUpleteness . and accurney byz I G6ntrhr_t;0ff!c0r, I plannerz bate: C Soction Su4ervjsq Cat e I Plann , Ing Se ction Supervisor.- Adinlin. 8u,ppori.Staff- oape 9 of 72 1291,07 12:28 PIM .onto.. Dote- 1PA$UPDATE. L SEC's SON L i NFO IMATION GENE I NS TRUCTI Th s p- iortio'n of tlie report foist ;include c ly 0QED fittid And expel n ps covered your organization' ec fttact With OCED, This -section of the report covers fiscal activities from the begiiminA 6fthe- contract date through : the cut -off date covered by the report. BUDGET' AND EXPENDITURES APPROVED BUDGET For each chtegory, list Ile: amount -of ffirads allocated. In the most recent approved 6 F', D budget for y0ii.k contracted aetivity.. PROJECTED List the project ex the cut-o -6 report pmditures through ff date of the for,eacb of the budget categories: 90TIM RE IMBURSED List the colitract -expeiiditUte that O 11I had re iribursed to yotir ord"Inizatioti through th e, cut date o f fle. ;report. ACTUAL List ALL the Whthict ekpdniditureis, whlbfh or. or h6t they have beeh reel zl fused "by. the Comityl OCED that your agency incurred t4ou the t-0-41' off date of the repot PROJE CTED E XMiNDITURE S List all the expenditures that your organization anticipates will be FOR NEXT REPORTING incurred in the 4mplaffientdtioh Of the 66ntrattd d lactivitii 6S" through PERIOD the eflccl of-hibX't reporting 0 'bd. 9 perjo PROJECTED CUMULATIVE List all expendi-tyres that yQq r of anticipates )011 be E XPE NDITURE( S BY THE END incurred in the implementation; of the contracted activities through -OF CONTRACT PERIOD th.eeiid of the col trad.ted period,. Page 9 of'12 1 2/21&(�W 17,:7'9 My'l o Uj rn I I cv kO �k Pn cs an o. on m 7 a. U.S.. 14UP SE C-TION 3 REPORT t� 8 SUM' " M� cates, the of 0 AU it, ART MA — Indi Made to direct the bmp! , and ofh__q economic po._wdes generated by HUD financial assistance for h.ousing aiid c.9mmunity :&vgjgpmeiit p x9gvw, to the. r greatest extent .: feasible, toward low— andvery'fow iwome persons, ulaTly those Who are recip jents of government assistance for housing (Cheep all that apply,} El Attehiptod to recruit low- income residents thrbughAoca I advertising media; s'igfig;'Ijro " I me* htly displayed at the project: site, o community orgaiii ons and public -0. or private a ing ...thin oi�traqfs with zati agencies operat wi � n the an 4P which the Section 3 covered pr graM or project located, o metropolitan; .a (or met, oi). olitancountr- inw, 0 r ,similar. l participated iil a lt1L pxcigraiti or other pftTa4M- Whieh pioix otes the frai n- 1- of einploymont of Section 3 Residots. 0 Participated iwa-HUD program or other-program which pribmio"t69 the ;aW`.6td of t6nti-dbt9 tobiisirtbss 66h6ekhg -which meet the. -deffinti6n of Section 3 business c.c n:6efh8. ti area -in W111 n Ocio iiat6dwitli Yo wId Pr' -9 Min* - t , d t- p-ht - ich the Section 3 cove-red project is Iota %c., ograi-o Jni� ere 'o i an, 0 Other, describe below. pifgie] I of' 12 121129101 1229 .PM RECTOR H I Vd.. U.S. HUDAE %Ti'QH;,! HEORY Economic Oppittiniiies for Low: &-.Very Low Income :Persons in 0onneci ion vvithAsAited Pir6jects AGENCY. NAME: PROJECT NAMES AGE14CY AMR BSS.: CONTRACT AMOUNT. �PERIOD REPMTED: QM 1 2 3* 4 (CIRCLE ONE) I!kEPORT-R,EvfE''WED,.'!'A'P'PRQV*EIDBY; TEL EP HONE V.- (SIGNATURES FART ONE -- ENzPL0Y]vMNT &TRAINING —To be completed for each prqject: an d stibmitte d qu arferly to OCED by April-15 Jqjyf5, 000ber 15 and laftu."a-l' 15. I TOTAU PART TWO — STJBCONTII,'ACTS AWARDED — far 90 0 d S, pvitas , set pqa' associated tlz this )rtler. TYPE op. Tot', Nkw Tot, mv a] N I-Tires N4ho % -6f NeiV Hires that D To tal r-'Moluee Total 0% of Employee . 1 .1. Cbb ES.. - .. 1 2 3 4 5 RA THNIC II}EN'.1'IFICATIOhI ilift are are Trainee 1: Tia 'in �6 White Afri ; N 4tiVe Hisppic A si i, or .Awarded {Total of Section 3 gection 3 Hours Native Hows Araef. Airier. Amer. Amer. Pacific Column Residents Rcsjftts IvOrked P —r- am is I Worked by A er. m (B/A} CONSTRUCTION SoAibu 3 'ON- CONSTROCTION Worked by 8q ion 3 giddhts: Rt' I TOTAU PART TWO — STJBCONTII,'ACTS AWARDED — far 90 0 d S, pvitas , set pqa' associated tlz this )rtler. TYPE op. A C6 cl- total t 'Total %BTO 0!q�:tDSINtS8E-SR C G '8 OY NUMBEWOP SECTI ]�!'VfN CONTRACTS. Aniotint of Amount of A RA THNIC II}EN'.1'IFICATIOhI Confr6cts Contracts 1: 2 3 4 5 6 .Awarded Awarded to While Af rican Native Fispanic M- ian- HA4dic. Sectipfi 3 'Aih c' r"ic, Arnefi0h Arn.66can P —r- am is I Jew* American CONSTRUCTION 'ON- CONSTROCTION I?a$c't3 of t2- i'rogregs'iie�rort 1. . 21*0 t 7 M*i -1 ATTACHM-E, NT D MIAMI'DADE OFFICE OF COMMUNITY & E0 ONOMIG,b OPIWNT (OCED) INFORMAVON FOR ENV1A6NME`NtAL RE i EW FORM V INSTRUCTION& Per 24.CFR Part 58, the purpose of th penvirohmenta''I're" proceures to ,View s foster thb implomentation of envi Yi im A *Ofitally 0044(i.ble-, act! *6 �a zin 00.1.010rit, Wtor 1, o Miami-Dade County will not furid ofolects, that'. will hega.tively- I'm pact 6110"lits, communfflos, or the environment. Part I. AGENCY ANDPROJECT'DETAIL 1, Iridicate Furidng.8,ourco: F] ODS-6 How �E 17 l El HOIVFLES.S (8RO/8HP) El ED1 80. Indibate Fiscal Year: FY 2- ... 3. Name of SubfecipiehYAgenby., 4. NaMbof Proposed AGfitylty;- 6: bite Folio Nctmber�s : 7. Gorhmfsslon District(s): 8.. Direct Corftacf formation of 16AWnrant n-5(-Hipht- Name:., Address: City: Pax: Form kevl.sed I bfl 101 9. Detailed desqiptioh of 'activity orprojpct: fO. 'What Is the purpose oft the activity ot protect? Por example, Public. Service, Eoonok; Developm(eViti Historic Presernfi.on, Capital Improvement, Housing, etc. 11. Mat l9 the status of activity or 'pr6ject7 ror examplo, Pm_DevelopMent Phase; Reh�.VCQ.n5truction Uhderway, Pe'haolQonstruction,Comple'ted, etc: P'ft 11. 1* PROJECT WOW Will the activity or project fos ; Of in theJo.1lowino? YES' NO 7. Change in use 2. & . su'rface:A 'Ite ; r - a . tioh i.e. 6 6vd ns)' 4 d►gn or demolition 5, sibw rn provements.iitilitibs, sidewalk, l 16rdstap 'in: g. S A&M; drali4agq ark in Jng areas; .d6ye% p1q. 6. 8011010 irnprove . me'rits (Wind doors.zp-tG 7> Displ6comerit I SIP 0. 1,Mpaso in population W T rig"o(livi ti. Land Opq j M UP Pr) 10. Activity 1n 10.0 year 11. A new ,rion iderif 8 use generating adeast 075 000 goltons of rps S, watefor,687,500 allo vage. OPOO. hs of sey 12. Use reqq►dn, g erat ►rig porm' bos , Waste Qp I . )t I ►(i.e... for hg4pro , pretreatment of sewa g16, etc;) 11 A sanitary 1p i1of ll or hazardous waste disppga I 1:site p 14; Tree removal or relocation 15. Streetimproyements 16. The impounding of more than 10 acre feet of Water (e.g. digging a We or diverting pro.oppopling of 0 b..Ody of Writpf). 1 . . Land Use: Describe the existing and proposed land ; use: o Existing? a Proposed? 2. Site, Plan: Does the Ompoged activity include a new structure($) or site 1MpfbVefn0nt8 on a-sitb of bhe Jjj acre :or more? YES d N0 If yes, a-site Plan must be. provided, Project(s) Vill not be,envi.ronmentally.,reviewed. Without 8 site plan. 3. P.Iaotagraphs: Does the activity y indlude new construption, renovation or rehabilitation? F] YES El NO if yes, photographs must bo, provided of (front,, fear and sides} of tbe:strubture(s) . . P d ) proposed 'for assistance and. the buildings on the adbcont.jots. Tt o. photographs shall be Ide tified by address. In addition, .trudure on the site, the following. —n., n,. provide for each existing, s information; Existing structure(s) on site'? F] YES No Estimated age of struoture(4)? 4. Value of Irhprovements: Does the proposed activity -include rehabilitation or renovation of structure(s)? YES: NO 3, if yes, what is the estimated cost of rehabilitation or renovation'? What is the amount sought forfunding? r 1. n, addition,: indicate if the estimated value of tholmprovement represents; , p . I I " to.'89.0 percent of the m,orketvalue of the structures} Ej 40 to 4M percent of the market et value of the sttucturOM E 1 5Q to 74.:9 pefd r eht of the market . value of the structum(s) E] 75 . percent or more of the market value of the structurb(s) 5. Phase 1 Environmental Audi Dees the p involve. the transfer of any property; - ropnod activity in ol ' yI new construction, major renovations of 7.51% or more Of the structures' market valu,.6. 6r !''a securing of a loah for nonresidential parWO El YES ❑ NO If yes, a copy Phase I EnAron rn , ental Audit certified 10 Miami -Dade County Must, be submitted to deterMiiie the likely presence Of either 4 release or ti teater)0 release Of "d b rot History of An audit Is a review of a site, an . diaont properties MO, involves g a.. - is ory land use and zoning for the last- 50 years, resba" hi ootd[ records for lriformation Yea Vo. ng environm on bazardoua waste sites, hazardous facilities, I solid Vastolland.0 facilities ill- fa. `IM69 6nd throu'gh'1116bepartment of �n ".:. nmpn , lal 'Regulations -underground, storage tanks (avai)We v1'ro ,Eon di',M ana QMent'(DERM), Florida Department .ont of EW. . Irorime q lal - tectiorfDE and US. nvlronri bl Protection Agency (EPA)); and site inspection f6t physical evidence Of contamiWi6h such as damaged vegqtatiQn.orstping in 'th6sOIL Has a Phase 1 been performed? -YI,S NO 6. En\40MOnta' Health lnfofMc)ti6n' if a tbstld , b ritiall site, and the activity includes udes orinvolves reha'bilitaflon, ha's it been inspected for defective paint surfaces? YES El NO if yes, plebsb submit the results. Have any child under the age of seven ;at the site been tested for blEN8 tod levels of lead in the body? E) YES [j NO if yes, `please submit the results., Ill 7. Other Site Information: Vai 4, Children under 7 years of age resfdinq on site or relocating to site .(including day care facility)? Storage q f h azar d o us rnate�rials on ? , 7, Abandoned structures} on site? . ..... J_ Required Subrnitt*Efl Documents: 1. Fof all projects: Submit street/plat ma'O's, that: depict location of property in the County and/or C jfy \A46 the location or lot clearly -pointed out, 2. For new construction pro e 'd a site plan. project; Subm"it a scope, of service' on �itomtz6d budget; n :1 For housing/building Itababilliation projects. only:u;bmit a.sco e of service,,. I. e q.ce,j.an;. bu:d g t describing olft Major' components of the reh pbilita' ion prog ram, pl, ann 0d and a photoqrap h of the Property. 4, For historic proprieties; incl . 0e: Submit photographs of the prqporty; and a desrAipti 'on" of 'a by ,adjacent historic properties fiat maybe affected by your activity.. :1 certify to the tGc*40y of tho information provided, I understand, that all funded activities rilu'A have an ap Y 1 ow, I of projects i ;.!early Pr d qnt 1 r clearance prior to the bomfiieNeffiorit: e0virorim . a P, understand. derstand. that any omitted and/or incorrect inforthatibri Will 00 t A ' h initiation. of 'the 'environmental review prodbst by the 0 0 staff. As such, 1 ..arn awal C re that omitted inforro0oh" f 0 aniz project, I under t I d, all approved could delay the coffirrieftelnent 6 my �g , _atlon7s proje an ehV1ronmeLhtgf revieWs are valid for one (4) year.maxi.m.urni Print Name signature Title Name of Org* an;fze(tioh or corporation Date Unless otherwise indicated, return completed for*m and attachments to- Gommunity and.Econo'I'M[c NVelopffierit bivisloh Director. Office . of Urnmunity Ind, EtonomiG. 0evolopment 101 NW lit Court t- 14th Floor Miami, Florlda:'33136 5 Ty Of EXEMPT* CEN TS CEST�* . EAR Ecoridrhio Development Not�cefhi0 Notice /No PRC�F;�IVo Stafufoty FON81 and New Construction RRC;F RRo>~ Requtrem'errt Triggered) X Rehab Xr Xz Non- ConstructionlEx pRsIon X. Publish NOfO,oP H t51ng (Statutory Requir t 6ht Single rarnily Rehab X Mulfl Fahrly Rehab - Xt Xz New Construction X. HoMeownor blip Assisfonce X Affordable Housing Pre -[)6.v. capital Improvedie1i Handicapped Access i X F'uiiiic Padifies i X4 X? lnfrasfrucfure ( ... X' X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Su ' ortive Services Type of Pc bndatidn No. Public No Public No Public Notice/No Publish Tfiggoodst afitfes Not�cefhi0 Notice /No PRC�F;�IVo Stafufoty FON81 and RRC;F RRo>~ Requtrem'errt Triggered) WOURROF C?r Publish NOfO,oP (Statutory Requir t 6ht Triggered) Fsfimated Time Frame (Excluding 3045 ;Days jr 80 -45 Days 4M .0 Days 90 Days Tfiggoodst afitfes Minimum X1 If'for continued use and change in uensity,(or size), of less than 20 %. X2 Ghange in t eras ty (or sized o # more Phan 201a emp[ Exempt Activities GENsT Categorically E tcluded and Not Stab W to 58.5' CEST Categorically Excluded Subject to 58..5 * *# EA Environmental Assessment (Format il.) 6 ATTACHMENT E CERrIFICATION RE' GARDING LOBBYING C&rvfl atiolj fo)r Coymr,4�k �QrantsLo,,�msand �Cqq �erativeA reemen�ts The undersigned certifies; to the best of leis or her knowledge and be j!cf, that: I N *0 VddcrAl 'appropriated funds have been paid or will be: paid, by or on behalf of the Undetsign6d,to: diry person for influencing or attempting to influence an .officer or eihplOf .. � I V66 O On 1 . 4 npYlaMbihbeiofCongress,anbfficerorempoyci�.bfCoi Or an eiriployee 0. a Member of Oo - .,:i connection - with the aW4rd' ngress i.A. wi 1 '0 lag of any Federal, contract the ' of any Focletal grant, the making of an ... q M4 149 V FederAl loan, the'. entering into of any cooperative qgreemant and the extension, continuation, renewal, amendm'. ent Or modification of any Federal contract, grAnt,- loan, or coo ppra ivp agreement 2. 'Yany of the funds either than Federal appropriated funds- have or paid a be paid to ztV.person for influencing,or attempfzpg to influence an officer or employee , I . 1. of any agency, :a Member of Corigres8 ., an officer. Or etyiplQyep of Congress,, Oran, 6r4pld,Ydc of a, me bel;r of Gong blss in connection With this Federal cdhtract ;grant, lo-ail, or cooperative gree . e a ine:ftt the nodersigned sliAllcoinplote and sObniit Statidakd orrza LLL., "Disclosure Form to Report Lobbying," in ad'otdanoo with its :in tractions. 3,. The 0 tiers shall requi : rothat the ai ..A4 hatlo .0 iguag. 6 o f this ceA W atioribe, included h i the avail d dQqmenfs �6rajl sub4ward s at all tiers cludin 9 �ii b cbritfobts, swb gr t s; and contracts q tracts under grants, loans, aqd. -co pperativ6 a . gre excess of VOU, � Q u and that all subr',ipieftts shall certify madd,isGlpse ac . coxdinglyr M. m This 6zrtifimtjQO is 'a rrzatczzal rOptosentati6ft of fact upon which t6lia* nco I ' d was p act v hen this transaction was Made or ehter64 into. SUbiiiiissi0ii,bf this certification ' Aga p rer Q quisite far making or eliterifig' into this. transaction imposed :by section 1352 title 31; US, Code-. Any person who fails to.fil e the requited certification shall be m1b: ebt.O a civil Penalty of not less than $10;000 and -not mare than $ 190jO00 for Odlistioh failure: : Print; 105 6r- 4k :Proj ea Name Pro N., ct Cost '. 9 e EOfity jami- Dade County Corlos Alvafez- Mail" ROard of Coaky. Bruno.A..Barr'drb Chairn : tan Barbara *J. Jurd:01 Barbara X.Jordo D&Iiid I Distrret 8. Dorrilt D..Rplle � mb s A,iq*dr'e.' Edmo- s6h . y �I Sen. 4#ier D.;Scidto DrstrEet 3 Dastracl.10 Jod, A: M ritnez Distrid, 4 Dist. fict 11 )�.rftfici A. Barreiro ' .Toss ;'Pepe" DiA% Dls�rje $ D 4trid 1� '4ebieca Soya District 6 mstrict 13 Oirlos A, Gjwei � P4frk 7 Garvey t2.uvi3i Clerk of fine -Cirenit and County Cpurtv George M. Burgess C011111ty Malmo M, A C. t) Opa.s, 4r. corijitylluorney FIE I CIS MJAMI-DDAD Al MIG Di 60 NJ ND FG,'6,46 OM�HT MU_ TIMN 41 0,1! ATTAcHrvmNT.r, The sign shall 'bd. made of. ikh thick AmOne plywood, -pqMy painted And lettered in :accor Auee �;vith .professional oatiivor Sign. paijWnt -s�fj dakds A§ to -la,06fit; Or ,�ffi. , Ary j prOpDr t tom , - to clarity mid nea iiess I . yith ffie use of Weath; re$i taji , z 6-loks i` ; q materials: T Contrfctor shall place the sign securely h pced and )fiouhfed. materials' shall lb prodded liy the, (igntractor and Ahe S.Ign(s) shad f ihi iii the fikbPOft, -Y of tk� Owner At the eti6n of i,4e Sign S-uSport The sign shall J)& ftee st-hildhig, pr,50ifi , 6titly displayed as clirecteil. by d, 'rep*i-'ese*nta6ve, s Opp ar"ted: by 6 - 4" x, pressure` treated firabem securely fastened to ifid -e of tie sigo niva, siffi . k t below grido, Claarahte A-9m fl e bo.t.t.piq of fhe .sigh 10 th6 &dbnd &I . 16.11 be I WHEREAS, The County has selected the Consultant in accordance with Section 287.055, Florida Statutes (Consultants Competitive Negotiation Act) and in accordance with Section 2-10.4, Code of Miami-Dade County and WHERFIG., this Agreement has been e 4Wd into this4��14day of - e, _ Y _A-0 0 in the year two thousand and 4m, BY AND BETWEEN MLAMI- 4Bod of County Commissioners, hereinafter called the "County" or "Owner" and DADE CO Y, FLORIDA, a political subdivision of the State of Florida, acting by and F through its Corzo,Castella, Carballo, Thompson, and Salman, P.A.,, hereinafter called the Consultant, for the following Project: 11 Aquatic Facilities Development and Renovation Project No. A05-PARK-07 GOB 101-700459 109-70124 110-701259 108-70123 (999999-05-012) The County and the Consultant agree as follows: ARTICLE I - DEFINITIONS 1.01) BASIC SERVICES: Those professional services defined in Section 2.01.EC 1.02) ADDITIONAL SERVICES: Those professional services defined in Section 2.02. 1.03) BOARD OF COUNTY COMMISSIONERS: The duly elected officials authorized to act on behalf of the Owner. 1.04) CONSULTANT: The AxcMtect/Engincer who has entered into a contract with the Owner to provide professional services under this Agreement. The Consultant shall act as the Owner's ,reprcsentative during the Construction Phase of the project, inclusive of the Warranty Phase. 1.05) CONTRACTOR: The firm who has entered into a Contract with the Owner. for the construction of County facilities and incidentals thereto. 1.06) OWNER: Miami-Dade County, a political subdivision of the State of Florida. 1.07) PROJECT: The construction and all services and incidentals thereto of the scope of work as contemplated and budgeted by the Owner, and listed in this Agreement. Aquatic Facilities Development and Renovation A05-PARK-07 1.08) SERVICE ORDER: A document issued by the Owner to the Consultant authorizing the performance of specific professional services, stating the scope of the work, the time for completion and amount of the fee authorized for such services. In case of emergency, the Director reserves the right to issue oral authorization to the Consultant with the understanding that written confirmation shall follow immediately thereafter. 1.09) USING AGENCY: Miami-Dade Park and Recreation Department hereinafter referred to as the "Department". The Department's Director or her designee shall act on behalf of the Owner on all matters pertaining to this Agreement. SCOPE OF WORK: Professional architectural and engineering services will be required for the Miami-Dade County Park and Recreation Department for improvements to the following Miami-Dade County Park and Recreation Aquatic Facilities: I South Dade Park —16350 SW 280th Street 2. Sergeant Joe Delaney Park — 14450 Boggs Drive 3. Goulds Park — 21805 SW 114'h Avenue 4. Naranj a Park — 14150 SW 254"' Street Design and construction administration services will be required for the above four (4) Park and Recreation Aquatic Facilities. The scope of work at each of the locations may include but is not limited to the development of now aquatic facilities, existing pool renovations and/or expansions, related building and site improvements, landscaping and irrigation. ARTICLE 2 - SERVICES AND RESPONSIBILITIES OF THE CONSULTANT 2.01) BASIC SERVICES: The Consultant agrees' to provide complete professional architectural and engineering services for the five Phases enumerated herein, including all civil engineering, structural engineering, architectural, mechanical/plumbing engineering, electrical engineering and landscape design services required for the Project. The drawings shall be produced by Computer Aided Design (CARD) in a version acceptable by the Owner. These services are hereinafter referred to as "Basic Services". The Consultant will be responsible for writing and distributing minutes of all meetings he/she is asked to attend. When a set of documents is referred to hereunder, it shall mean a bound set of all documents which are 24" X 36" or smaller. If required, the Consultant shall provide all necessary coordination and review of the analysis to comply with Ordinance 94-73 — Value Analysis and Life Cycle Costing as part of his Basic Services. The Consultant shall incorporate all Owner approved Value Analysis and Life Cycle Costing recommendations at the end of the Design Development Phase as part of their Basic Services. Aquatic Facilities Development and Renovation A05-PARK-07 If a Construction Manager at Risk is assigned by the Owner to the Project, the Consultant shall as part of his/her Basic Services, coordinate with the Construction Manager through phases 1, 11 and III of the Project at no additional cost to the Owner to ensure that the Owner-approved Construction Manager comments and suggestions are incorporated. Basic Services shall include forty (40) hours for coordination with the selected artist and meetings with the Department of Art in Public Places if Section 2-11.15 of the Code — Art in Public Places is applicable to the assigned project (See Article 8.09.G.). 2.01.A) Phase I - Programming and Schematic Design: 2.01.A.1) Upon receipt of an authorization to proceed from the Owner, the Consultant and his/her Sub-Consultants shall visit the site to verify all existing conditions. The Consultant and his/her Sub-Consultants shall be responsible for the professional quality, technical I accuracy, and coordination of all services required to verify the adequacy and conditions of existing systems; utilities; etc; on which the design intent is based. The Consultant shall timely indicate/recommen'd to the Owner what (if any) additional testing and/or verification process(es) is/are needed to reasonably determine that the existing conditions (i.e. electrical; mechanical; plumbing; structural systems; and others) can be relied upon for the successful completion of the scope of the work. The Consultant -shall confer with representatives of the Owner to 0 r: e0luok6n. 4-r e m. establish a Program consisting of a detailed listing of all functions, .f and elements together S ..spares assignable sp ace gross square footage, and a description of the re ationshi s between and among the principal programming elements. 2.01.A.2) The Consultant shall prepare and present in. writing,. and -if an oral., p resen .9n, for appi&al by 'the. Owner, a Design Concept and Schematics Report, comprising Schematic Design Studies, a Project Development Schedule and a statement of Probable Construction Costs as defined below: 2.01.A.2A) The Schematic Design Studies shall consist of site plans, 1601, oor lans,ejev�ations, elevations, and all other element,5 required to show the scale and relationshiR of the components and design concepts of the whole. Site plans shall include a zoning analysis and identification of any special site or environmental requirements affecting the site. The floor plans maybe single line, diagrams. , Page 3 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 2.01.A.2B) A simple perspective rendering or sketch, model or photograph thereof shall be provided if requested by the Owner to farther show the design concept. Studies shall include a general description of the major components (civil, structural, mechanical and electrical systems) of the Project. 2.01.A.2C) The Project Development r Schedule shall show the proposed completion date of each Phase of the Project: (Q Design Development; (2) Construction Documents Development; (3) Bidding and Award of Contract; and (4) Construction. The Consultant shall be held directly responsible for adhering to the Project Development Schedule and requirements for submittal that are related to their scope of work under this Agreement (Refer to Sections 8.04.0). 2.0I.A.2C.1) Each time any portion of the Project Development Schedule is not met through no fault of the Owner, and/or a required submittal is incomplete the Consultant must submit an Updated Project Development Schedule in accordance, with the requirements of 2.01.A.2B above within seven (7) calendar days. Said Development Schedule must include a "Recovery Plan" component providing a detailed explanation for said deviation, and proposal for recovering lost time. When delays are Owner- caused, the Consultant shall so state. The Owner must approve all updated Project Development Schedules. 2.01.A.2D) The Statement of Probable Construction Costs shall include a detailed breakdown of the estimated cost of the building(s), including fixed equipment, site improvements, professional fees, construction contingency allowance, movable equipment (as applicable), utility service extensions and funding allocation evaluation comprising a brief description of the basis for estimated costs. The Statement of Probable Construction Costs shall be submitted in CSI format using the standard 16 Divisions. Costs shall be adjusted to the projected bid date and broken down by ual scope elements. Cost or scope reduction recommendations must be included with the submittal at no additional cost to the Owner if necessary to meet the Project's allocated budget. A Service Order to proceed with Phase 11 will not be issued if the Statement of Aquatic Facilities Development and Renovation A05-PARK-07 Probable Construction Costs exceeds the total allocated budget for construction, unless the Consultant and the Owner agree on methods to enable construction to be completed within the funds available. Included in the Statement of Probable. Construction Costs shall be all additional Project costs to comply with all applicable Ordinances, Resolutions, and Administrative Orders affecting the Construction Project. Said portions of the code include, but are not limited to (Refer to Section 8.09.B): Section 2-11.16 - Responsible Wages and Benefits Section 2-10.76 - Inspector General Section 2 -11.15 - Art in Public Places 2.01.A.2E) If the statement of Probable Construction Costs exceeds allocated funds, the Consultai I it shall prepare recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds at no additional cost to the owner. 2.0I.A.3) The Consultant shall submit eight (8) copies of documents required under this Phase, without additional charge as part of basic services, for review and approval by the Owner. The Consultant shall not proceed to the next Phase of the Project until the Owner issues an authorization to proceed. The review (check) set shall be returned to the Owner. 2.01.8) Phase H - Design Development 2.01.13.1) Upon receipt of an authorization to proceed from the Owner, and based on the approved Programming and Schematic Design documents, the Consultant shall prepare for approval by the Owner and present in writing and, if requested by the Owner, at an oral presentation, the following: Design Development Documents, an updated Project Development Schedule and an updated Statement of Probable Construction Costs as defined below: 2.01.13.1A) The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections, etc.), outline specifications, and other documents that delineate and describe the character of the entire Project with respect to architectural design; civil, structural, mechanical and electrical systems; landscaping; construction materials and Page 5 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 finishes and other items incidental thereto as may be appropriate and applicable. Consultant's staff from each of the major technical disciplines shall attend the oral presentation (if requested by the Owner) of Phase 11 documents, to explain the design concept of their systems. 2.01.13.1B) An updated Development Schedule showing the proposed completion date of each of the remaining Phases of the Project (Refer to Section 2.01.A.213). 2.01.13.1C) An updated Statement of Probable Construction Costs (Refer to Section 2.0l.A.2D). An authorization to proceed with Phase III will not be issued if the latest Statement of Probable Construction Costs exceeds the total allocated budget for construction, unless the Consultant and the Owner agree on methods to enable construction to be completed within the funds available. 2.01.B.1C.1) If the updated statement of Probable Construction Costs exceeds allocated funds, the Consultant shall prepare recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds at no additional cost to the Owner. 2.01.13.2) The Consultant shall submit eight (8) copies of documents required under this Phase, without additional charge as part of basic services, for review and approval by the Owner. The C ' onsultant shall not proceed to the next Phase of the Project until the Owner issues an authorization to proceed. The review (check) .set shall be returned to the Owner. 2.01.13.3) The Consultant shall return to the Owner review (check) sets of documents from the Schematic Design Phase submission. The Consultant shall provide an appropriate response to all review commentary noted on the previous Phase documents. The Consultant shall not proceed to the next' Phase of the Project without the Owner's authorization to proceed. 2.01.0) Phase III - Construction Documents Development 2.01.C.1) Upon receipt of an authorization to proceed from the Owner the Consultant and his/her Sub-Consultants shall visit the site once again to confirm if there have been any changes to the existing site conditions. The Consultant shall promptly inform the Owner of any changes that could require restoring site to previous existing WMM � Aquatic Facilities Development and Renovation A05-PARK-07 conditions, or that shall require the Consultant and his/her Sub- Consultants to modify the plans and drawings to adjust to newly encountered conditions. The Consultant shall, based on the approved Design Development Documents and this subsequent site visit, prepare the Final Construction Documents setting forth in detail the requirements for the construction of the Project, including the Proposal-Agreement (Bid) form, Conditions of the Contract with all necessary information for the bidders, complete drawings and the Project Manual. The Consultant is responsible for complete coordination between the architectural/engineering disciplines isciplines and compliance of the Design and Construction Documents with all applicable Codes. 2.01.C.2) Fifty percent (50%) Construction Documents Submittal: The Consultant shall (at no additional charge as part of basic services) make a fifty percent (50%) Construction Documents submittal, for review and approval by the Owner, which shall include the following: 2.01.C.2A) Eight (8) sets of all fifty percent (50%) construction drawings. The Consultant shall include a complete, index of drawing sheets with all anticipated drawings necessary to fully define the construction and an estimate of the current percent of completion of each of the drawings. 2.01.C.2B) Eight (8) sets of the Project Manual. The Consultant shall in his/her preparation of the Project Manual, use CSI Standards, including the 16-Division and 4-Part Section format, developed and recornmended by the Construction Specifications Institute (CSI). The Project Manual at the 50% Construction Documents submittal shall include all sections of "Division I" which shall be one hundred percent (100%) completed, and one hundred percent (100%) of the technical specification sections, which shall be fifty percent (50%) completed to include the section's contents. These specifications shall be in final form, except as may be revised through the review process and shall be more than merely outline specifications as submitted during the Design Development Phase. 2.01.C.!Q: Color boards, which shall show complete color selections for all finish materials. 2.01.C.2D) An updated Development Schedule showing the proposed C, completion date of each of the remaining Phases of the Project (Refer to Section 2.01.A.2B). Page 7 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 2.01.C.2E) An updated Statement of Probable Construction Costs (Refer to Section 2.01.A.21)). An authorization ' to- proceed with Phase IV will not be issued if the latest Statement of Probable Construction Costs exceeds the total allocated budget for construction, unless the Consultant and the Owner agree on methods to enable construction to be completed within the funds available. 2.01.C.2E.1) If the updated statement of Probable Construction Costs exceeds allocated funds, and the increase is not the fault of the Owner through increased scope changes, the Consultant shall prepare recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds at no additional cost to the Owner. 2.01.C.2F) The Consultant may be authorized to include in Construction Documents approved additive alternate bid items, to permit the Owner to award a Construction Contract within the limit of the Total Allocated Funds. 2.01.C.3) The Consultant shall return to the Owner review (check) sets of documents from the Design Development Phase submission. The Consultant shall provide an appropriate response to all review commentary noted on the previous Phase documents. 2.01.C.4) The Consultant shall not proceed with further Construction Documents Development until approval of the 50% documents is received from the Owner and authorization issued to proceed with the next phase. Approval by the Owner shall be for progress only and does not relieve the Consultant of its responsibilities and. liabilities relative to code compliance and to other covenants contained in this Agreement. The Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 50% Documents review (check) set shall be returned to the Owner. 2.01.0.5) Rendering Requirements: At approximately seventy-five percent (75%) completion of the Construction Documents, the Consultant shall submit several simple studies of proposed perspective drawings of the Project indicating suggestions for angles of view and general composition of a rendering. Upon the Owner's selection of a perspective format, the Consultant shall execute final renderings for submission with one hundred percent (100%) Construction Documents submittal. Nu!�� Aquatic Facilities Development and Renovation A05-PARK-07 2.01.C.6) One hundred percent (100%) Construction Documents Submittal: The Consultant shall (as part of basic services) make a one hundred percent (100%) Construction Documents submittal, for final review, comments, and approval by the Owner. The Owner shall review documents for program compliance only; it is the Consultant's responsibility to coordinate his/her work as well as the work generated by the various Sub-consultants involved with the Project. The one hundred percent (100%) submittal shall include the following: 2.01.C.6A) Eight (8) sets of all one hundred percent 100% construction drawings. 2.01.C.611) Eight (8) sets of the Project Manual. These specifications shall be in final form, except as may be revised through the review process. 2.01.C.6C) Eight (8) sets of all reports, programs, and similar documents necessary for the issuance of documents for bidding and Construction Contract award. 2.01.C.6D) Final rendering submittal consisting of two (2) 20" x 30" framed and glassed (in non-reflective glazing) perspective rendering in color and two (2) 10" x 15" framed color photographic copies of the rendering. 2.01.C.6E) An updated Development Schedule showing the proposed completion date of each Phase of the Project (Refer to Section 2.01.A.213) and proposed date of occupancy. 2.01.C.6F) An updated Statement of Probable Construction Costs (Refer to Section 2.01.A.2Q. The Statement of Probable Construction Costs shall include all adjustments necessary for projected award date, changes in requirements, or general market conditions. If the Statement of Probable Construction Cost exceeds the total allocated budget for construction, the Consultant is responsible and shall review materials, equipment, component systems and types of construction included in the Contract Documents and shall recommend changes in such items, reasonable adjustment in the scope of the Project and/or Additive Alternates that will result in bids within the allocated budget. All such changes in the Contract Documents shall be made at no additional cost to the Owner. It is agreed that any "Statement of Probable Construction Costs" ' or Cost Page 9 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 Estimate prepared by the Consultant represents a reasonable estimate of cost in his/her best judgment as a professional familiar with the local construction industry, applicable County Resolutions, Administrative Orders and Ordinances and that the Consultant has no control over the market conditions. The Consultant therefore, cannot and does not guarantee that bids will not vary from the Cost Estimate. 2.01.C.6F.1) If the updated statement of Probable Construction Costs exceeds allocated funds not the fault of the Owner through increased scope changes, the Consultant shall prepare recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds at no additional cost to the Owner. 2.0I.0.7) The Owner's permit expeditor, not the Consultant will usher or "walk- through" the permit documents through the Miami-Dade county Building Department and other applicable regulatory agencies. The Consultant shall address revisions and attend meetings as required to resolve code compliance comments. The Consultant shall assist the Owner in filing and following-up for permit approvals at the earliest practicable time during the performance of the services. The Consultant is responsible for preparing all the necessary portions of the Contract Documents necessary for approval by County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the County and shall assist in obtaining any such applicable certifications of "permit approval" by such authorities prior to approval by the Owner of the one hundred percent (100%) Contract Documents. The Consultant shall promptly, at any time during the performance of the Services hereunder, advise the Owner of any substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such authorities. The Consultant will be issued a reimbursable expense Service Order for "dry - run" and other permit fees paid to authorities that have jurisdiction over the work. 2.01.0.8) The Consultant shall make all required changes and resolve all questions presented by the Owner and/or permitting authorities on the documents. The one hundred percent (100%) complete check set(s) shall be returned to the Owner. Upon final approval by the Owner, the Consultant shall furnish three (3) sets of all drawings and Project Manuals to the Owner, without additional charge. Page 10 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 2.01.0.9) The Consultant shall return to the Owner review (check) sets of the fifty percent (50%) construction Documents submission., The Consultant shall provide an appropriate response to all review commentary noted on the previous Phase documents. 2.01.0.10) If requested by the Owner, the Consultant shall prepare and/or assist the Owner in the preparation of documents to initiate the bid and award for the Project. 2.01.D.1) Approval of Bid Documents and Printing: Upon obtaining all C> necessary approvals, of the Construction Documents from authorities jurisdiction, urisdiction, and acceptance by the Owner of the R., Bid Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the Owner in obtaining bids, preparing and awarding the Construction Contract. The Owner, for bidding purposes, will have the bid documents (drawings . and .Project Manual) printed through its existing agreements with printing firms, or, at its own discretion, may authorize such printing as a reimbursable service to the Consultant. 2.01.D.2), Issuance of Bid Documents, Addenda, Pre-Bid Meetings, and Bid Opening: 2.01.D.2A) If requested by the Owner, the Consultant shall assist the Owner, in issuing the Bid Documents to prospective bidders. 2.01.D.2B) The Consultant shall record all questions, prepare and issue an appropriate response to such questions (Addenda), if any are required, during the bidding period. When requested by the Owner, the Consultant shall advise all bidders to submit in writing, any questions to which a response is necessary to prepare a bid on the Project- The Consultant shall maintain a complete log of addenda issued on an Owner furnished form. No addenda shall be issued without the Owner's concurrence. 2.01.D.2C) The Owner has established a policy requiring a "Pre-Bid Meeting", for Projects. The Consultant shall attend all Pre- Bid Meetings and require attendance of major sub- consultants at such meetings. The Consultant shall record the minutes of said meetings. The Consultant shall prepare, no later than two (2) days after said meeting, minutes of Page 11 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 meeting(s), prepare, and issue Addenda responding to issues raised at the pre-bid meeting(s). 0 2.01.D.2D) The Consultant shall be present at the bid opening with the Owner's staff. 2.01.D.3) The Consultant shall assist the Owner in the evaluation and analysis of bids, determining the responsiveness of bids and the preparing of documents for Award of Contract. If the lowest responsive Base Bid received exceeds the Total Authorized Design Value for Construction, the Owner may: 2.01.D3A) Approve the increase in the Project Budget and award a Contract; 2.01.D.3B) Reject all bids and re -bid the Project within a reasonable time with a reduced sQop'p at no additional compensation to the Consultant; 2.01.D.3C) Direct the Consultant to revise the scope and/or manner of construction, and re-bid the Project. If the bid price exceeds total allocated funds by more than 10% the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost based on such revisions within the Total Authorized Design Value. 2-01.D.3D) Suspend or abandon the Project. 2.01.E) Phase V - Administration of the Construction Contract 2.01.E.1) The Construction Phase will commence with the award of a Construction Contract and will terminate when the Owner approves the Contractor's final Capital Project Payment Certificate. During this period, the Consultant shall provide Administration of the Construction Contract and this Agreement. 2.01.E.2) The Consultant, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and shall have the authority to act on behalf of the Owner to the extent provided in the Construction Contract. 2.01.E.3) The Consultant shall visit the site to conduct construction meetings, field inspections once a week and at any time at the request of the Owner. The Consultant shall visit the site at all key construction events, and to ascertain the progress of the work and Page 12 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 to determine, in general, if the work is proceeding in accordance with the Contract Documents. Sub consultants shall be required to visit the site as appropriate to conduct field inspections, to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents and at the request of the Owner. The Consultant and their Sub consultants shall provide all certifications and inspections required by the authorities having jurisdiction; threshold inspection (when required by the nature of the work as determined by the regulatory agencies having jurisdiction) shall be provided by the Consultant and compensated as an Additional/Reimbursable service. On the basis of on-site observations, the Consultant and their Sub consultants shall endeavor to safeguard the Owner against defects and deficiencies in the work of the Contractor. The Consultant will be responsible at no additional cost to the Owner for writing and distributing minutes of all meetings and field inspection reports they are asked to attend. The Consultant shall distribute the minutes within two (2) days of said meeting.. The Consultant and their Sub consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work for which the Contractor is responsible. The Consultant and their Sub consultants will not be held responsible for the Contractor's or Subcontractors, or any of their agents' or employees' failure to perform the work in accordance with the Contract unless such failure of performance results from the Consultant's acts, errors or omissions. 2.0I.E.4) The Consultant shall furnish the Owner with a written report of all observations of the work and require all Sub consultants to do same during each visit to the site. The report shall also note the general status and progress of the work. Copies of said report shall be submitted to the Contractor and Owner within two (2) days of the site visit. Copies of the reports shall be attached to the request for monthly professional services payment for the Construction Administration Services Phase. If requested by the Owner, the Consultant and/or Sub consultants shall provide additional detail on written reports of observations of the work. The Consultant's failure to provide written reports of all site visits or minutes of meeting in accordance with this Agreement shall result in a proportional reduction in Construction Administration fees paid to the Consultant. The Consultant and their Sub consultants shall ascertain that the Contractor is making timely, accurate, and complete notations on the "record drawings". Page 13 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 2.01.E.5) Based on observations at the site and consultation with the Owner, the Consultant shall promptly review the Contractor's payment requisitions, determine the amount due the Contractor, and shall recommend approval of such amount. This recommendation shall constitute a representation, by the Consultant, to the Owner, that to the best of the Consultant's knowledge, information and belief, the work has progressed to the point indicated, the quality of the work is in accordance with the Contract Documents and the Contractor is entitled to amounts stated on the requisition subject to: 2.01.E.5A) Detailed evaluation of the work for conformance with the Contract Documents; 2.01.E.5B) The results of testing required by the Contract Documents; for which final results have not been received, I 2.01.E.5C) Minor deviations from the Contract Documents correctable prior to completion; I 2-0I.E-5D0 Specific written representations made by the Contractor on the Capital Project Payment Certificate or attachments thereto; and prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the Owner on the status of the work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the payment requisition review field meeting and shall not be cause for delay in timely payment to the Contractor pursuant to the Miami Dade County Prompt Payment Ordinance hereby included by reference. 2.0l.E.6) For purposes of this Phase, the Consultant shall be the interpreter of the Contract Documents. The Consultant shall make written recommendations on all claims from the Contractor relating to the execution and progress of the work and all other matters or questions related thereto. 2.01.E.7) The Consultant shall have the authority to recommend rejection of work that does not conform to the Contract Documents. Whenever, in their opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, they will have the authority to recommend special inspection or testing of any work deemed to be not in accordance with the Aquatic Facilities Development and Renovation A05- PARK -07 Contract, whether or not such work has been fabricated or delivered to the Project, or installed and completed. 2.01.E.8) The Consultant shall promptly review and approve shop drawings, 0 ,samples, and other submissions from the Contractor at no additional charge to the Owner. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the Owner and shall be authorized by Change Proposal Request. The Consultant shall have a maximum of fourteen (14) calendar days from receipt of shop drawings or other submittals by the Contractor, to return said shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. 2.01.E.9) The Consultant shall initiate and prepare required documentation for Changes as required by their own observations or as requested by the Owner, and shall review and recommend action on proposed Changes at no additional charge to the Owner. Where the Contractori, I submits a request for Change Order or Change Proposal Reqdest, the Consultant shall, within fourteen (14) calendar days, review and submit to the Owner, their recommendation along with an analysis and/or study supporting such recommendation as applicable at no additional charge to the Owner. 2.01.E.9A) The Consultant shall not receive additional compensation for revisions to drawings associated with changes to the contract due to errors or omissions for which the Consultant is responsible. 2.01.E.10) The Consultant and his/her Sub-Consultants shall examine the work upon receipt of the "Contractor's Request for Substantial Completion Inspection" and shall recommend execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that the Project meets minimum requirements for substantial completion in accordance with the Contract requirements. The Consultant and their sub-consultants in conjunction with the Owner shall prepare a "Punch List" of any detects and discrepancies in the work. The Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor upon satisfactory completion of all items on the "Punch List" and receipt of all necessary close-out documentation from the Contractor, including but not limited to all warranties, operating and maintenance manuals, releases of claims and such other documents and certificates required by applicable codes, laws, and the Contract Documents. Page 15 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 2.01.E.11) The Consultant shall monitor and provide assistance relative to instruction of the Owner's personnel in the operation and maintenance of any equipment or system, and initial start-up and testing, adjusting and balancing of equipment and systems to assure a smooth transition from construction to occupancy of the Proj ect. 2.01.E.12) . The Consultant shall furnish to the Owner the original documents revised to "record drawings and specifications" condition within thirty (30) days of receipt of the field record set from the Contractor. Transfer of changes made by approved "Change Proposal Requests", "Requests for Information ", substitution approvals, or other clarifications will be the Consultant's. responsibility to incorporate into the "record" documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for his/her convenience shall be marked by the Contractor on the "Field Record Set" and transferred to a copy of the original Contract Documents ("Final Record Set") by the Consultant. The original documents, the "Field Record Set" and the "Final Record Set" shall become the property of the Owner. 2.01-E.13) The Consultant shall famish to the Owner one complete set of "Record Drawings" in Auto CADD (version as agreed to by Owner and Consultant, but not less than version 14 or 2000) formatted on a CD, in drawing (*.dwg) files� and one complete set of "Record Drawings" in AutoCADD -formatted on a CD, in PLT format (print ready.) Such CD's shall become the property of the Owner. - 2.01-E.14) The Consultant shall famish to the Owner one simplified site plan and floor plan(s) reflecting "Record Drawings" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor area. Two (2) copies shall be famished on 11" x 17" sheets and in Auto CARD formatted on a CD, in drawing (*.dwg) format and one in PLT format (print ready.) Such CD's shall become the property of the Owner. 2.01.F) Warranty Administration 2.01.F.1) The Consultant and his/her Sub-Consultants shall assist the Owner with inspections of defects reported during the one-year warranty period and shall oversee and represent the Owner with the correction of defective Work or warranty corrections that may be discovered during said warranty period at no additional cost to the Owner. The Consultant and his/her Sub-Consultants (as needed) Aquatic Facilities Development and Renovation A05-PARK-07 should participate with the Owner's representatives in the one year warranty inspection, coordinate the issuance of any corrective punch lists required as a result of such inspection; and monitor the contractor's compliance with such corrective punch lists. The Consultant's assistance may be sought by the Owner for warranties exceeding one year, for which the Consultant will- be compensated as mutually agreed to by the Consultant and Owner. 2.02.A) Other Services as listed below are generally considered to be beyond the scope of the Basic Services as defined in this Agreement for Architectural and Engineering services related to these project sites. The Consultant shall provide these services, if authorized by an appropriate "Service Order", and will be compensated for as provided under Section 5.02, and will be paid from the allowance, account referenced in Section 8.09M. 2.02.A.1) Financial feasibility, life cycle costing, or !other special studies. Planning surveys, site evaluations, or comparative studies of prospective sites. 2.02.A.2) Design services relative to future facilities, systems and equipment associated with the site, but that are not intended to be constructed as part of this Project. 2.02.A.3) Research, analysis, and recommendations for design criteria packages for design/ build projects associated with this site. 2.02.A.4) Any additional special professional services (other than the normal architectural, civil, structural, mechanical, electrical engineering and landscape services) as may be required for the Project, including but not limited to: survey, acoustical, food services, theatrical, electronic, artists, sculptors and soils Consultant. 2.02.A.5) The Services of full-time Field Representative(s) during construction, including the services of a special inspector for those items not included in the certification required by the authorities having jurisdiction and threshold inspection. 2.02.A.6) The provision of technical support staff to augment the Park and Recreation Department staff including but not limited to-.' drafting and clerical staff on an as needed basis for Projects associated with this site. 2.02.A.7) Major revisions to the drawings and specifications when such revisions are inconsistent with written approvals or instructions Page 17 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 previously given by the Owner and are due to causes beyond the control of the Consultant. (Major revisions are defined as those changing the scope, engineering systems, scheme, or any changing significant portion thereof from what was previously approved). 2.02.A.8) Preparing to serve as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding. 2.02.A.9) investigation and making detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 2.02.A.10) Services for planning tenant or rental spaces unless included in the scope of work. 2.02.A.11) Any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural design practice. �� W 2.03.A) Reimbursable Expenses are those authorized by the Owner in addition to the "Basic Services" and "Additional Services" and consist of actual expenditures made. by the Consultant and the Consultant's employees, Sub consultants and Special Consultants in the interest of the Project for the following purposes: 2.03.A.1) Authorized travel, lodging and meals in connection with the Project subject to limitations imposed by Chapter 112.061, Florida Statutes, and County Administrative Orders; 2.03.A.2) Costs/Fees paid for securing approvals of authorities having jurisdiction over the work; 2.03.A.3) Reproductions, excluding those for the office use of the Consultant and check/review sets required by the Agreement; 2.03.A.4) Mailing of Bid Documents (if required). 2.03.A.5) Courier services. 2.036A.6) Other equipment or supplies, if specifically requested and authorized by the Owner. Aquatic Facilities Development and Renovation A05-PARK-07 2.03.A.7) Reimbursable expenses shall be paid from a dedicated allowance account if one is established for such purposes. Otherwise, payments will be made from the allowance account as provided under Section 5.02, and wilt be paid from the allowance account referenced in Section 8.09M. aulvt ;t IOLA) A Sub consultant is a person or organization which is properly registered as a professional Architect, Engineer, Landscape Architect, or other qualified professional in other fields not requiring professional registration, who has signed an Agreement with the Consultant to furnish professional services for the scope of work described under Section 1.10. 3.02.A) All services provided by the Sub consultants shall be pursuant to appropriate agreements between the Consultant and Sub consultants which shall contain provisions that preserve and protect the rights of the Owner and the Consultant under this Agreement, and which impose no responsibilities or liabilities on the Owner. 3.02.B) The Consultant proposes to utilize the following Sub consultants for the Project: Firm Name: Louis J. Aguirre & Associates, P.A. Consulting Service: Mechanical / Electrical Engineer Firm Name: C.H. Perez & Associates, Inc. Consulting Service: Surveying and Mapping Firm Name: Curtis and Rogers Design Studio, Inc. Consulting Service: Landscape Architecture Firm Name: Consulting Service: Firm Name: Page 19 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 ing Service: Firm Name: Consulting Service: 3.02.0) The Consultant shall not change any Sub consultant without the Owner's approval. A written request from the Consultant must be submitted to the owner, stating the reasons for the proposed change. 3.02.1)) The Consultant is required under this Agreement to achieve the following Contract measures applied to this project as shown in the attached Schedule of Participation and letter of Intent as presented in the Consultant's proposal for the project. 15% Community Business Enterprise (CBE) Goal ARTICLE 4 - THE OWNER'S RESPONSIBILITIES M11 120TIM, WIN' I � MAIN 4.01.A) The Owner, at its expense, shall furnish the Consultant with the following information, or may authorize the Consultant to provide the information as an Additional/Reimbursable Service. The Consultant will be entitled to rely on the accuracy and completeness of all information provided by the Owner. 4.01.A.1) A survey of the proposed Project site if available. The survey shall give boundary dimensions, location of existing structures or similar site improvements; trees; the grades and lines of street, pavement and adjoining properties;, right of ways., restrictions and easements; topographic data of the building site; and information as it relates to sewer, water, gas and electrical services available to the site. 4.01.A.2) Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and if required by the Consultant, an appropriate professional interpretation thereof and recommendations. The Consultant shall recommend such necessary tests to the Owner. 4.01.A.3) Information regarding the Project budget, Owner's procedures, guidelines, forms, formats and assistance to establish the Project program per Section 2.01.A.1 of this Agreement. Page 20 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 4.02.A) The Department Director, or her designee shall act on behalf of the Owner in all matters pertaining to this Agreement, and shall approve all Service Orders to the Consultant and all invoices for pay mient to the Consultant. 4.02.8) The Department Director shall designate a Project Manager to act as liaison' between the Consultant and the Owner. The Consultant shall have general responsibility for management of the Project through all Phases of the work included in this Agreement. The Consultant shall meet with the Project Manager at periodic intervals throughout the preparation of the Contract Documents to assess the progress of the Consultant's work in accordance with approved "Project Development Schedule" to establish and/or review programmatic requirements and scope of Project. The Consultant and their Sub consultants should visit the site periodically during the Design Phase to assess existing conditions. 4.02.C) During the construction phase, the Consultant shall provide services for the responsibilities assigned to the Consultant by the "General Conditions" and "Supplementary Conditions" of the construction contract. 5.01) BASIC SERVICES FEE: The Owner agrees to pay the Consultant, and the Consultant agrees to accept for Basic Services rendered pursuant to this Agreement, fees computed under Section, 5.01B, of this Agreement called the "Basic Fee". 5.01.A) Percentage of Construction Cost (Not Applicable) 5.01.B) Maximum Compensation 5.01.B.1) Under this compensation basis, the Consultant agrees to perform the Basic Services described in this Agreement for an agreed fixed dollar amount of compensation. 5.01.B.2) The aggregate sum for all payments to the Consultant for Basic Services authorized on this Project shall be limited to $752,000. 5.01.0) Multiple of Direct Salary.Expense Fees calculated on an hourly basis shall be a multiple of 2.9 times the salary rate paid to personnel directly engaged on the Project and in no case Page 21 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 shall the maximum billable hourly rate (Including multiples) exceed $120.00 per hour for prime and Sub consultant except as specifically provided herein. The rate for personnel shall be as determined from the actual paid salaries reported to the Department of Internal Revenue. if a full-time project Field Representative is required the multiple shall not exceed 2.0. Said fee shall constitute fall compensation for all costs incurred in the performance of the work such as supervision, overhead and profit, fringe benefits, operating margin and all other costs not covered by reimbursable expenses. Over-time rates must be authorized by the Owner in advance and at no time exceed time-and-a half. Principals shall not receive additional compensation for performance of over-time work. 5.01.C.1) Personnel directly engaged on the Project by the Consultant may include Architectects, Engineers, Designers, Job Captains, Draftspersons, Specification Writers, Field Accountants and Inspectors engaged in construction, research, design, production of drawings, specifications and related documents, construction inspection and other services pertinent to the Project during all phases thereof. 5.01.C.2) Multiple of Direct Salary Expense services fees shall not include charges for office rent or over-head expenses of any kind, including local telephone and utility charges, office/drafting supplies, depreciation of equipment, professional dues, subscriptions, reproductions of drawings and/or specifications, mailing, stenographic, clerical, or other employee time or travel and substance not directly related to the Project. The multiple factor set forth above shall cover all such costs pertinent to the Project. Authorized reproduction costs in excess of that required at each Phase of the work shall be considered a Reimbursable Service as defined in Article 2.03 of this Agreement. 5.01.C.3) The consultant shall be compensated at the flat rate of ($130.00) per hour for the time of principals engaged directly in the work. Thi's rate shall not be subject to the negotiated multiplier and shall be applied to the time spent on requested work by the following principals: (Javier F. Salman, A ), (Ramon Castella, P. E.) 5.01.1)) Fee for Design of Additive Alternates 5.-0I.D.1) The design of additive alternates authorized by the Owner will be considered a Basic Service. Page 22 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 5.01.D.2) The Consultant shall not be entitled to compensation for Phases I through IV (design through bidding) for alternates required because of the failure of the Consultant to design the Project so that it may be constructed within the total allocated construction funds. The Owner may recognize exceptional construction market cost fluctuations to relieve the Consultant of this provision, before exercising this option. 5.01.E Fee for Work Authorized from the Construction Contingency Allowance 5.01.E.1) When a portion or all of the Construction Contingency Allowance is utilized to authorize changes to the Construction Contract, the Consultant will be authorized an Additional Services fee for that amount computed by the method agreed upon under Article 5.01.B or 5.01.0 of this Agreement, provided that such changes are not attributable to errors or omissions. 5.01.F) . Fee for Change Orders to the Construction Contract 5.01Y.1) The Consultant will be authorized an Additional Services fee for that amount computed by the method agreed upon under Article 5.01.B or 5.01-.0 of this Agreement, for additional design fees ascribed to "Change Order Work", provided that such changes are not attributable to errors or omissions. 5.02.A) At the discretion of the Owner, the Consultant may be authorized to incur Reimbursable Expenses described under Section 2.03 of this Agreement. 5.02.B) The owner, as verified by appropriate bills, invoices, or statements, will reimburse the costs of reimbursable expenses on a direct cost basis. 5.02.C) The fee for Additional Services will be computed by one of the methods outlined in 5.01.13 and 5.01.0 as mutually agreed to by the Owner and the Consultant. If the Owner and Consultant cannot agree on an amount for Additional Services as described in Article 5.01.13, then the owner may direct the consultant to perform the services as a multiple of direct salary expense as defined in Article 5.01.C. Should the consultant refuse such a service work order it may become the basis for termination of this agreement. Aquatic Facilities Development and Renovation A05-PARK-07 6.01.A) Payment for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. Said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. 6.01.A.1) 10% upon completion and approval of Phase I (Programming and Schematic) 6.01.A.2) 20% upon completion and approval of Phase 11 (Design Development) 6.01.A.3) 40% upon completion and approval of Phase 111 (50% Documents) 6.01.A.4) 65% upon completion and approval of Phase 111 (100% Documents, submittal of required renderings and permitting and Dry Run) 6.01.A.5) 70% upon completion of Phase IV (Bid and Contract Award) 6.01.A.6) 100% upon completion of Phase V (Construction Administration and approval of all Work pursuant to section 2.01.E) 6.01.8) Partial payments not to exceed 90% in the aggregate may be made during Phase V according to the overall percentage completed of the Construction Contract. 6.01.0 If the Construction Administration time is extended due to the Contractor's failure to substantially complete the work within the contract time, through no fault of the Consultant, they shall be compensated for any services required and/or expenses not otherwise included in the Basic -Services in connection with such time extension(s) as Additional Services. The fee for such services will be mutually agreed to by the Consultant and the Owner, in accordance with Articles 5.01.13 or 5.01.C. 6.01.19) All payments will be made upon receipt and review of duly certified invoices stating that the services for which payment is requested have been performed per this agreement. All invoices must be accompanied with a current Utilization Report (UR). Payments will not be processed without the UR pursuant to Administrative Order 3-39. Page 24 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 6.02) PAYMENT FOR ADDITIONAL SERVICES AND/OR REIMBURSABLE EXPENSES 6.02.A) Payment for Additional Services and/or Reimbursable Expenses may be requested monthly in proportion to the services performed. 6.02.B) When such services are authorized as a Multiple of Direct Salary Expense, the Consultant shall submit the names, classification and salary rate per hour, as reported to the Department of Internal Revenue, hours worked, and total charge for all personnel directly engaged on the Additional Service, multiplied by the multiplier stated in Section 5.01.0 of this Agreement.. Billable hours must reflect hours paid and reported to the Internal Revenue Service. 6.02;C) When services are authorized as a Reimbursable Expense, the Consultant shall attach the expense invoice with all supporting data necessary to substantiate costs reimbursement. 6.02.1)) All payments will be made on duly certified invoices stating that the services for which payment is requested have been performed pursuant to this agreement. All invoices must be accompanied- with a current Utilization Report (UR). Payments will not be processed without the UR pursuant to Administrative Order 3-39. I � Umwr irivaugg,10 S� 7.01.A) If the Owner elects to re-use the plans and specifications for other sites, for purposes other than that for which it was prepared, it shall be at the Owner's sole risk and holds the Consultant harmless for any liability arising out of any reuse of documents. 7.01.11) The Consultant shall bind all Sub consultants to the Agreement requirements for re-use of plans and specifications. 8.01.A) The Consultant shall indemnify and hold harmless the Owner and its officers, employees, agents, and instrumentalities from any and all Page 25 of 41 Aquatic Facilities Development and Renovation A05- PARK -07 liability, losses or damages, including attorneys' fees and costs of defense, which the Owner or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Consultant or its employees, agents, servants, partners, principals, or subcontractors. Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, * or actions of any kind of nature in the name of the Owner, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Consultant shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the Owner or its officers, employees, agents, and instrumentalities as herein provided. 8.01.B) The Consultant agrees and recognizes that the Owner shall not be held liable or responsible for any claims which may result from any actions, errors or omissions of the Consultant in which the Owner participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Consultant, the Owner in no way assumes or shares any responsibility or liability of the Consultant or Sub consultants, the registered professionals (architects and/or engineers) under this Agreement. �MMIM; • I F IRIT N � L - I 16 U- 1, i+ I 8.02.A) The Owner shall maintain a record of all construction changes that shall be categorized according to the various types, causes, etc. that the County may determine are useful or necessary for its purposes. Among those categories are construction changes caused by design errors or omissions in the construction documents that were prepared by the Consultant. For the purposes of this contract provision, errors and omissions shall be dealt with as follows! 8.02. A.1) Errors and Omissions It is specifically agreed that any construction changes categorized by the Owner, as caused by an error, an omission or any combination thereof in the contract documents that were prepared by the Consultant will constitute an additional cost to the Owner that would not have been incurred without the error. The damages to the Owner for errors, omissions or any combinations thereof shall be calculated as one hundred percent (100%) of the total cost of the change and includes direct and indirect costs. Damages shall include delay damages caused by the error, omission or any Page 26 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination in writing to the Department's Director. The Department Director's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Department's Director, the Consultant shall present any such objections in writing to the County Manager. The Department and the Consultant shall abide by the decision of the County Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction, after the above administrative remedies have been exhausted. 1 8.02-A.2) Payment for Damages arising out of Errors, Omissions or any Combination Thereof So long as the total damages to the Owner caused by Consultant errors and/or omissions as calculated above remains less than three percent (3.0%) !of the total construction cost of the Project, the Owner shall not took to the Consultant and/or the Consultant's insurer for reimbursement for errors and omissions. Should the total damages to the Owner caused by Consultant errors and/or omissions as calculated above exceed three percent (3.0%) of the total construction ' cost of the Project, the Owner shall recover the total cost of the damages calculated above. To obtain such recovery, the Owner shall deduct from funds due the Consultant in this contract up to the amount of the Consultant's insurance deductible. Should the damages incurred by the Owner exceed the amount due under the contract or the Consultant's insurance deductible, whichever is greater, the Owner shall look to the Consultant and the Consultant's insurer for the remaining amount of additional damages incurred by the Owner. The recovery of additional costs to the Owner under this paragraph shall not limit or preclude recovery for other separate and/or additional damages that the Owner may otherwise incur. 8.02.A.3) The Consultant shall participate in all negotiations with the Contractor related to this section. Such Consultant participation shall be at no additional cost to the Owner. 8.02.A.4) For purposes of this section, direct. and indirect costs shall be defined as in the general conditions section of the construction Project Manual for the Project. Page 27 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 8.03.A) The Consultant shall not receive an authorization to begin until they have obtained all insurances required hereunder. The Consultant shall maintain all required insurances for the fall term of this Agreement. 8.03.13) Insurance Required 8.03.B.1) Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440. 8.03.B.2) Public Liability Insurance on a comprehensive basis in an account not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. 8.03.B.3) Automobile Liability Insurance: The Consultant shall maintain Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in amounts not less than $300,000 per occurrence for bodily injury and property damage combined. 8.03.B.4) Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance in the amount of $1,000,000 providing for all sums which the Consultant shall be legally obligated to pay as damages (deductible permitted not in excess of 10% of the coverage limits) for claims arising out of the negligent provision of services performed by the Consultant or by any person . employed by him in connection with this Agreement. This insurance shall be maintained for at least one year after completion of the construction and acceptance of the Project. Any acceptance or allowance by the County of Professional Liability Insurance covering less than the full amount of the Consultant's liability provided under this Agreement shall not in any way limit or reduce the Consultant's liability under this Agreement. 8.03.C) The insurance coverage required shall include those classifications, as listed in standard insurance manuals, which most nearly reflect the operations of the Consultant. 8.03.D) All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: Aquatic Facilities Development and Renovation A05-PARK-07 8.03.Dl) The company must be rated no less than "B" as to management, and no less than Class "V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to approval by the Owner's Risk Management Division. 8.03.D2) Within fourteen (14) calendar days from acceptance of the terms of this agreement by both parties and prior to execution, the Consultant shall furnish the Owner (through the Project Manager) photocopies of his/her professional liability insurance policy and certificates of insurance. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, classification required by these provisions. No material change or cancellation of the insurance shall be effective without a 30-day prior written notice to and approval by Owner. Failure to comply with the insurance requirements listed in section 8.03 may result in the Owner's withholding or delaying payment to the Consultant. t.04) PER-FORMANCE 8.04.A) Performance and Delegation: The performance of this Agreement shall not be delegated or assigned by the Consultant without the written consent of the Owner, and such consent will not be given to any proposed delegation which would relieve the Consultant or their surety of their responsibilities under this Agreement. The services to be perf6rmed hereunder shall be performed by the Consultant's own staff unless otherwise approved by the Owner. The employment of, contract with, or use of services of any other person or firm by the Consultant as Sub consultant or otherwise is subject to approval by the Owner: 8.04.B) Term of The Agreement: The term of this Agreement shall start upon execution by the parties hereto and extend for nine (9) years from the effective date of this Agreement or until completion of the warranty period for projects that have been issued service orders. 8.04.0 Time for Performance: The Consultant agrees to start all work hereunder upon receipt of a Service Order issued by the Owner and complete each Phase within the time stipulated in each Service Order. A reasonable extension of time for completion of various Phases will be granted by the Owner should there be a delay on the part of the Owner in fulfilling its part of the Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for additional compensation. 8.04.0.1) Liquidated Damages: The Owner- may impose liquidated damages of $200/ per pay for unapproved/unjustifiable time delays (other than Owner-caused) and/or incomplete submittals. Page 29 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 8.04.C.2) Each time any portion of Phases I through III of the Project Development Schedule prepared by th'e Consultant is not met for unapproved/unjustified causes (other than Owner caused) the Owner may notify the Department of Business Development (DBD), the Office of Capital Improvements (OCI) and ' any other entity established by the Owner for tracking the performance of unsatisfactory performance. 8.04.D Performance Evaluations: Performance evaluations of the services rendered under this Agreement shall be performed by the Department and shall be utilized by the Owner as evaluation criteria for future solicitations. 'Hll • 11, 11111131 iii 1130 1 11101 117 • 8.05.A) If the Project is suspended for the convenience of the Owner for more than six (6) months, or abandoned in whole or in part for the convenience of the Owner under any phase, the Owner shall give seven days notice, to the Consultant of such Project abandonment or suspension. If the Project is to be suspended for less than six (6) months, then the Consultant shall remain . on the Project under this Agreement but will be compensated only for work issued under a Service Order; the County will not be liable for stand- by, overhead, or any o i ther costs direct or indirect, that the Consultant may incur outside of any direct costs associated with a Service Order. If the Project is suspended for the convenience of the Owner for more than six (6) months, or abandoned in whole or in part for the convenience of the Owner during any phase, the Consultant shall be paid for services authorized by Service Order which were performed prior to such suspension or abandonment and the Owner shall have no further obligation or liability to the Consultant under this Agreement. If the Project is resumed after having, been suspended for more than six (6) months, the Consultant's further compensation may be renegotiated, but the Owner will have no obligation to complete the Project under this Agreement, and may hire or contract with another Consultant to complete the project. The Owner will have no further obligation or liability to the Consultant. 8.06.A) The County may terminate performance of work under this contract in whole or, from time to time, in. part if the Owner determines that a termination is in the County's interest. The Owner shall terminate by delivering to the Consultant a Notice of Termination specifying the extent of the termination and the effective date. Such Notice of Termination under this clause will not be deemed a breach of this Agreement, and may be issued with or without cause. Upon such Notice of Termination, the Consultant shall be entitled to receive only costs incurred as of the date of Page 30 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 the Notice of Termination, reasonable profit on work done as of the date of the Notice of Termination, and the costs of preparing its final invoice to the County, and upon payment thereof the County will have no further obligation or liability to the Consultant under this Agreement. The Consultant shall not be entitled to any other compensation under this Agreement. 1 I I I Im-8131,11 !1 11 � X M. .-I W 8.07.A) The Owner reserves the right to audit the Consultant's financial records, including but not limited to audited financial statements,. balance sheets, and other financial records, during the performance of this Agreement and for one year after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary to approve any requests for payment by the Consultant. i I MW I'VE' I'l I 1 11 LTNIH N' 19". HIM 1 1-1 51 8.08.A) The Consultant agrees that all notes, designs,. drawings, specifications, models, photographs, reports, surveys, investigations, field reports, and other data produced in performance of this Agreement shall be the sole property of the Owner without restrictions or limitations, including all rights therein of whatever kind except as may otherwise be provided hereinafter. 8.09.A) The Agreement shall be governed by the laws of the State of Florida and may be enforced only in a court of competent jurisdiction in Miami-Dade County, Florida. 8.09.B The Consultant shall, during the term of this agreement, be governed by Federal, State, and Miami-Dade County Laws, Regulatory Orders, County Codes and Resolutions which may have a bearing on the services involved in this project. The Department will assist the Consultant in obtaining copies of the Miami-Dade County Codes, Regulatory Orders and Resolutions. 8.09.0) The Consultant shall comply with the financial disclosure requirements of Ordinance 77-13, as amended, by having on file or filing within 30 days of the execution of this Agreement one of the following with the Super-visor of the Miami-Dade County Elections Department, PO Box 521550, Miami, Florida 33152-1550: Page 31 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 8.09.C1) A Source of Income Statement 8.09.C2) A Current Certified Financial Statement 8.09.C3) A copy of the Consultant's current Federal Income Tax Return 8.09.D.1) The Consultant's Affirmative Action Plan submitted pursuant to Ordinance 82-37, as approved by the Department of Business and Economic Development and any. approved update thereof, are hereby incorporated as contractual obligations of the Consultant to Miami-Dade County hereunder. The Consultant shall undertake and perform the affirmative actions specified herein. The Director may declare the Consultant in default of this agreement for failure of the Consultant to comply with the requirements of this paragraph. .?,.09.E) PROMPT PAYMENT TO SMALL BUSINESS SUBCONSULTANTS 8.09.E.1) The Consultant's attention is directed to Miami-Dade County Ordinance No. 94-40, providing for expedited payments to small businesses by County agencies and the Public Health Trust; creating dispute resolution procedures for payment of County and Public Health Trust obligations; and requiring the prime Contractor to issue prompt payments, and have the same dispute resolution procedures as the County, for all small business subcontractors. Failure of the prime Contractor to issue prompt payment to small businesses, or to adhere to its dispute resolution procedures, may be cause for suspension, termination, and debarment, in accordance with the terms of the County contract or Public Health Trust contract and debarment procedures of the County. 8.09.F). OFFICE OF THE COUNTY INSPECTOR GENERAL ANI INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL The Office of the Miami-Dade County Inspector General (OIG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The OIG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Consultant from 01G, the Aquatic Facilities Development and Renovation A05-PARK-07 - Consultant shall make all requested records and documents available to the OIG for inspection and copying. The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: (1) If this contract is completely or partially terminated, the Consultant shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and (2) The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. The OIG shall have the power to report and/or recommend to the Board of County Commissioners whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The OIG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The OIG may, on a random basis, perform audits on all County contracts throughout the duration of said contract (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County. To pay for the functions of the Office of the Inspector General, any and all payments to be made to the Contractor under this contract will be assessed one quarter of one percent of the total amount of the payment, to be deducted from each progress payment as the same becomes due unless, if stated in the Special Conditions, this Contract is federally or state funded where federal or state law or regulations preclude such a charge. The Contractor shall in stating its agreed prices be mindful of this assessment, which will not be separately identified, calculated or adjusted in the proposal or bid form. Page 33 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 The OIG shall have the power to retain and coordinate the services of an independent private sector inspector general (IPSIG) who may be engaged to perform said random audits, as wel.l as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the contractor, its officers, agents and employees, lobbyists, County staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The OIG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant of MDC Code Section 2 -8.1. The provisions in this section shall apply to the Consultant, its officers, agents and employees. The Consultant shall incorporate the I provisions in this section in all * subcontracts and all other agre I ements executed by the Contractor in connection with the performance of this contract. I INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL: The attention of the Consultant is hereby directed to the requirements of AO 3-20 and R-516-96; the County shall have the right but not the obligation to retain the services of an independent private-sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Consultant and County in connection with this contract. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Contract Specifications; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications, bid submittals, activities of Consultant, its officers, agents and employees, lobbyists, county staff and elected officials. Upon (10) ten days written notice to Consultant from an IPSIG, the Consultant shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Consultant's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Contract, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with Page 34 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, bid and contract documents, back-charge document, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. As part of the Basic Services the Consultant shall, upon execution of this Agreement and prior to preliminary design, through the Department initiate contact and confer with the Art in Public Places Representative for review of applicability of an art component to the Project.' Should Art in Public Places Department determine that the installation of an art component is applicable to this Project based on the provisions of Ordinance No. 73-77 and subsequent amendments and guidelines, and should it decide to pursue said installation, the Consultant shall further confer with the Art in Public Places Representative to develop a concept for art appropriate to the Project, and the Art in Public Places Professional Advisory Committee as to the type(s) of art, location(s), and possible artist(s). The Director of Art in Public Places shall approve the final concept and location. The Art in Public Places Trust will make the final choice of the artist(s), upon recommendation of the Art in Public Places Professional Advisory Committee. As part of its Master Plan, Art in Public Places encourages and will give preference to collaborative projects between the artist(s) and the Consultant to promote the integration of artwork and site. Such collaborative efforts shall include the active involvement of both the Consultant and the artist(s) during design development of the Project. In consultation with the artist(s) and the Art in Public Places, the Consultant shall make all the necessary provisions and coordinate the development and incorporation of artwork(s) details and/or specifications in the Contract Documents for the Project as part of his Basic Services. The Consultant shall coordinate the installation of anchorages, special lighting, or plumbing or other utility or installation and connections as required for the proper installation of the artwork in accordance with the artist's concept(s) as part of their Basic Services. The Consultant shall provide, as an Additional Service, the technical support including but not limited to assisting the artist(s) in the development of preliminary and final construction cost estimates, construction procedures/approach, typical sections, profiles and details, structural support and utility connection systems (including structural anchorage details as may be required), technical specifications, submittals and shop drawing requirements (including review and approvals) for all ancillary facilities in connection with the installation of the artwork with the Page 35 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 artist(s) and the Contractor during construction and shall assist the artist(s) and Art in Public Places in the resolution of issues pertaining to coordination. The Consultant shall inspect, along with the artist(s) and the Art in Public Places Representative, the completed installation(s) by the Contractor for compliance with the Contract Documents as an Additional Service. 8.09.11 The Consultant will be responsible for providing a workforce. estimate by trades pursuant to instructions from the project manager if this 'park is within a designated target area as required by Ordinance No. 03-1, Community Workforce Program for Capital Improvement Contracts. 8.09.1 The Consultant must also submit with the executed agreement, to be filed with the Clerk of the Board, the attached single executed affidavits and certifications. I. 8.09J Utilization Report (UR): Pursuant to Administrative Order (A.0.) 3-32 Community Business Enterprise (CBE-A&E) Program, and A.O. 3-39 for the Resolution Repealing County Administrative Orders 3-33, 3-14 AND 3-28 And Establishing Administrative Order 3-39 Standard Process For Construction Of Capital Improvements, Acquisition Of Professional Services, Construction Contracting, Change Orders and Reporting, the Prime consultant is required to file utilization reports with the Miami- Dade County contracting department monthly," unless designated otherwise. The UR is required to accompany every invoice, which is due on or before the tenth working day following the end of the month the report covers. The UR should indicate the amount of contract monies received and paid as a Prime consultant, including payments to sub- consultant(s) (if applicable), from the County pursuant to the project. Authorized representatives of each listed sub-consultant(s) shall sign the report, verifying their participation in the work contracted and receipt of the monies listed. The reports are to be submitted to the Miami-Dade Department of Business Development, ill NW l't Street, 19th Floor, Miami, Florida, 33128, in the format attached hereto as Exhibits "A" titled "Utilization Report — Miami-Dade County Work". 8.09.1£ CERTIFICATION OF WAGE RATES: In accordance with Florida Statute 287.055, 5(a), the A/E firm hereby certifies and warrants that wage rates and other 'factual unit costs, as submitted in support of the compensation provided are accurate, complete and current as of the date of this Agreement. It is further agreed that said compensation shall be adjusted to exclude any significant costs where the COUNTY shall Page 36 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 determine that the contract price of services was increased due to inaccurate, incomplete or unclear wage rates or other factual unit costs. All such contract compensation adjustments shall be made within one (1) year from the date of final billing or acceptance of the work by the COUNTY, or one (1) following the end of the contract, whichever is later. 8.09.L SANCTIONS FOR CONTRACTUAL VIOLATIONS Proposal and contract documents shall provide that, notwithstanding any other penalties for firms that have discriminated in violation of Article VII of Chapter I IA of the Code, the County may terminate the contract or require the termination or cancellation of the sub consultant contract. In addition, a violation by a respondent or sub consultant to the respondent, or failure to comply with the Administrative Order (A.O..) 3-39 may result in the imposition of one or more of the sanctions listed in the A.O. 8.09.M ALLOWANCE ACCOUNT This project is a Professional Services Agreement for the design of a facility on public property; therefore an estimated Allowance Account of $75,200 is permissible, per Miami -Dade County Code, Section 2-8.1. This Allowance Account will be used by the Park and Recreation Department for unforeseen conditions necessitating additional design, resulting in additions to the basic fee, and for reimbursable expenses. 8.10.A) This Agreement does not confer on the Consultant any exclusive rights to the Owner's work. Service Orders will be issued under this agreement at the sole discretion of the Owner. The Owner reserves at all times, the right to perform any and all architectural engineering services in-house or with other professional architects or engineers as provided by Section 287.055, Florida Statutes, and Section 2-10.4, Code of Miami-Dade County, or as otherwise provided by law. 8.10.B) The fees f6r Professional Services requested shall be determined as mutually agreed upon by the Owner and the Consultant in accordance with Section 5.01 or 5.02 of .the Agreement. The Owner will confer with the Consultant before any work offer is issued to discuss the Scope to Work and for Professional Services required, the time to complete the work and the fee and/or compensation for the proposed Services. No payment will be made for the Consultant's time or services in connection with the preparation of any such proposal. Page 37 of 41 Aquatic Facilities Development and Renovation A05-PARK-07 8.10.C) The aggregate sum of all payments for services and reimbursable expenses to the Consultant under this Agreement shall not exceed $827,200. 8. 1 O.D) Term of The Agreement: The term of this Agreement shall start upon execution by the parties hereto and extend for nine (9) years from the effective date of this Agreement or until completion of the warranty period for projects that have been issued service orders. 8.10.E) The Consultant may submit proposals for any professional services, which they are qualified to perform, for which Proposals may be publicly solicited by the Owner, outside of this Agreement. 8.10.F) The Consultant will have no responsibility for the presence, handling, funding, cost of removal or exposure to persons to hazardous materials in any form at the project site other than to immediately advise the owner, of the existence of such materials that they may discover during standard investigations carried out for the purpose of performing their services. 16N %bK Wa W 8.1 LA) The Consultant and the Owner each binds themselves, their partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the County the opportunity to approve or reject all proposed assignees, successors, or other changes in the Ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 8.12) EXTENT OF AGREEMENT 8.12.A) This Agreement represents the entire and integrated Agreement between the Owner and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any particular, at any time after the execution hereof, except as authorized by the Board of County Commissioners of Miami-Dade County or pursuant to Sections 2- 8.2.6 and 2-8.2.7 of the Code. 8.12.B) if any portion of this Agreement is deemed illegal or unenforceable by a court of law, the remainder of the contract remains valid. Aquatic Facilities Development and Renovation A05-PARK-07 WHEN THE CONSULTANT IS A- CORPORATION Attest: Secretary: r :"i - 17& Sianat Legal ._._fQorpc)ration r- Legal` Amia attr A� (Corporate" -8 6 a1) Legal Name and Title Attest: Witness: Signature Signature: Witness: Signature Signature: Page 39 of 41 Aquatic Facilities Development and Renovation A05-PAR-K-07 WHEN THE CONSULTANT IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME Attest: Witness: Witness: Signature Signature Date Signed: Legal Name and Title: Legal Name of Firm By: Signature WHEN THE CONSULTANT IS A PARTNERSHIP Attest: Witness: Signature Legal Name of Partnership By: Signature Witness: Signature (Seal) Legal Name and Title By: Signature Legal Name and Title By: Signature Aquatic Facilities Development and Renovation A05-PARK-07 Approved as to Insurance Requirements: Approved as to Form and Legal Sufficiency: � Risk Managemedt Division' Assistant County Attorney Date: C) Date: > IN WITNESS WHEREOF the said MIAMI-DADE COUNTY, FLORIDA, has caused this Agreement to be executed in its name by the County Manager, attested by the Clerk of the Board of County Commissioners, and has caused the seal of the Board County Commissioners to be set hereto, as executed and attested by the undersigned this day and year first above written. faro aa:t n.se car„ MIP, % 4 16 HARVEY RUVIN Clerk of the Court Im Date:— V PY 2z( ) 7' County Manager By: County anager Date: Distribution: One Original to Consultant One Original to Clerk of the Board One Original to Department of Business Development One Original to Department of Procurement Management One Original to Project File Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Corzo, Castella, Carballo, Thompson, Salman, P.A. is a potential contractor for the City of South Miami Muggy Park Aquatic Center. It is our practice to obtain references from individuals and companies who have worked with a potential contractor. The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent 1 2 3 4 5 Criteria A. Ability to complete project on time x B. Ability to stay within the budget X C. Quality of work x D. Financial standing (if applicable) E. Experience in their line of work x Additional Comments (May indicate last project /transaction with contractor): Very responsive Reference given by: Reference check conducted by: Name & Title Maggie Tawil, Div. Chief, Miami-Dade Address: County Parks & Rec. Name: Jose Olivo, P.E. City of South Miami, Public Works City/St/Zip Telephone 305-755-7932 Date 08/26-08 If you have any question about this form, please call (305)663-6350. p O r O r co co � u _� ~ M O N N ~ O cla Q N O O O O O O O O O O O O O O O O O O O O o O O O O O U t.t) O O Lo o c) O o m O in Ln LD N tU O U- O O O to O Ozi O cl O tfi O O 'd' C— o O co N co N O Q 6s EFJ- dfl U) � (14 69. H} C\j N Q U M N ~ cc L U m J J co co co �t O co O agcc aat�v Cn - � cc LL . v O O N O N F U Vim: t� 00 w'G LO cD CD w ) v 4 cc F ¢ W D 0 �d _ O C O cli co U co W m N d' It d' CD O N CO L 0 co a m a @ o O w F c 'U [6 efj co N m CO 0- U r., 0 ® OgJpzo� Z 4 U IM) 9 E .Co O _ KFrn OVV�v4i m ro m LU CL ' 0 (D CO " " CJ N m �y C m a N a c4 O) CO O S] U) O _ G _ N C O C � O i7) m cz to cis m C� W 2 C U) o2S CD 2 m O � O U c O O N Q O J N v t1 U U� U S" D cri (D S— o6 IL O C U O Q _ W O N . 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LL p O 0 t j o> 0 ' � o -0 v) c — c � co y p — ° (n = o> o o o h o u p o o a) ID Q o iy, i4 � C� Un � W O � N � Cl) u U a oN a� 2 c ceS ¢ ao p -o ca c aoi — :6 ui �.'�,,'. � Q Cn d (..) J Q C.a Ci LL 0_ Cl O (... d n d' LO C9 n O M O T +- T V m U d - �' Cl) co co co co Cl) Cl) co Cl) co co 1,7 Ir CO US O O O O Founded in 1988, 0orzm CasteU|a CarbaUha Thompson SaKmman, P.A. ([3TS) is a full-service, multi-disciplined Architectural QEngineehng 0nn with offices in Coral Gables, Ft. Lauderdale, Boca Raton, and Orlando, Florida. The firm was created out of the desire to better serve our clients and derive the professional satisfaction from being able to more effectively control all aspects of a project. Whether the project is building a road or bridge, 'all of the divisions work together to make the final project the best it can be. With in-house teams including; architecture, civil, roadway, structural, traffic and transportation design and planning, in addition to construction engineering inspections, C3TS caters to large institutional and governmental clients who need the integrated, innovative solutions [3TS provides. With over 120 combined years of experience among the principals, our clients have come to' value our unique combination of integrated disciplines and commitment to exce||ence. The firm's staff has extensive experience in the planning, design and implementation of large-scale projects throughout Florida and the Southeastern United States. C3TS' experience includes projects and services as diverse as commercial office towers, retail centers, citywide planning, acquisition of grant monies, award-winning highway and bridge design, historic preservation, educational campus design and school facilities, all types of public buildings and facilities, airport and seaport facilities. In addition, our municipal experience includes over 100 parks and recreational facilities, utilities, comprehensive master plan reviews, traffic operations studies, and citywide infrastructures. Although working primarily in the Southeastern United States, the firm's experience is not |innibsd to the US market. [3TS has expanded into the international market with projects in the Caribbean and Middle East. Among these projects are a design-build project for the United States Army Corps of Engineers in Riyadh, Saudi Arabia as well as projects in Puerto Rico and St. Maarten, N.A. [3TS's success is based on both the hands-on approach taken by the principles and associates together with the integration of it's disciplines in the delivery of successful so|uUons. In addition, all projects are subjected to a rigorous in-house Quality Assurance / Quality Control Program which spans the life of the project. It is this constant attention to client and project needs which has resulted in {]T5' proven track record uf consistent on-time and within-budget project delivery. Our philosophy is to create and maintain a professional and attentive relationship with our clients, focusing equally on their needs as on their project's solutions. C3TSis committed to excellence in providing professional design services resulting in complete solutions for our clients. This results in over gUY6of our workload coming from existing and past clients. Principals Jorge E. (Iorzo, PE Ramon CeatuUa,PE Robert T. Cadba/k\ PE LeRoy E. Thompson, PhD, PE Javier F. Sa!man, AIA Principal Associates Terrance N.G|unt,PE Jeffrey 5. Crews, PE Carlos M. Henjoda,PE VVa|fhdoJ. Pevida,]r., PE Associates Xavier Arroyo, PE ,Silvia M. Be|be, PE ;Diana 6udasassi Bilbao, PE ,Victoria Carba||o KodneyCarnero-Sanhana, PE, GC ;Sean Compel, PE iErnestnFabreges,PE / Elizabeth l[Fernandez William K. Francis, PE Daniel Gnanda|, PE Desir Jacques, PE Patrick Leung, PE Juan Reatnepo,PE MaU|deReyes RA Rodrigo b. Rodriguez, PE HectorSeig\ie, PE Manuel So|aun,PE JosephVeigue\a '. ASK Tom I A }: a -qu 5. w �Owp wpm .. S �''}f q ry r i r x. i f x ns" not t; .= l f _} . oil- , ' .., EA ee e Projects A. M SL .� fsq ' OKI- a r V:. ff Rol toy to not 5 4 I i � i t C3TS was selected todo the planning and architectural design for a 10 -acre ¢20 million urban park as part of the area renewal and airport improvement district. This project will take an underutilized and poorly planned tournament complex and transform it into a regional, needs-based park which will include a water theme park, an 800-seaL community activity and banquet faci|ity, as well as a stahe-of-the-art baseball tournament complex. The needs for access and perking encroachment into the surrounding areas were identified as one of the principal complaints by the stakeholders as this program was developed. As such, the design of Grape|and ~- Park, located adjacent to e densely populated urban neighborhood, will be able toaccommodate both multi-modal transportation access and all required parking. � -~_ C3TS was selected todo the planning and architectural design for a 10 -acre ¢20 million urban park as part of the area renewal and airport improvement district. This project will take an underutilized and poorly planned tournament complex and transform it into a regional, needs-based park which will include a water theme park, an 800-seaL community activity and banquet faci|ity, as well as a stahe-of-the-art baseball tournament complex. The needs for access and perking encroachment into the surrounding areas were identified as one of the principal complaints by the stakeholders as this program was developed. As such, the design of Grape|and ~- Park, located adjacent to e densely populated urban neighborhood, will be able toaccommodate both multi-modal transportation access and all required parking. � M AN W LEI' IN P, R 2p 7 7; The Upper Keys Community Pool Association selected OTS as the lead designer of the design/build team to provide architectural and engineering services for the Jacobs' Aquatic Center. The project includes a pirate ship play pool structure; zero edge teaching pool and an eight lane Myrtha competition pool and diving well. The building houses ADA accessible OR toilets and locker facilities, offices, snack bar, elevator, aerobic workout rooms and meeting rooms. Construction challenges included excavation of coral rock for installation of a dive well and environmentally sensitive lands adjacent to property. Groundwater dewatering proved complex and required the use Nil of desilting ponds prior to discharge into pristine Florida waters. 777 11 FL 101: P; �.gg 11.11111 1 1 - Eacineers - Plonners - Public Relation� ` � ` The Community Park Aquatic project involved the expansion of an outdated pool complex into n state-of-the-art competition aquatic facility. A new 50 -meterx25-yand pool with integral dive well was constructed for competition swimming and diving. The pool also included a shallower L-shaped section for water aerobics and |earn-to-�vvim instruction. The existing T-shaped pool was renovated to provide additional space for recreational and instructional activities. A support building included restrnonns, locker rooms, concession, lifeguard break room, ticketing window, office, and equipment room. I ^=mtem,'En"ineeis'pw"ne=' / OTS was selected tn provide planning, design and permitting services for e municipal aquatics complex for the City of Pompano Beach, [3TS provided civil, structural and architectural services as well as construction administration for the City. The design incorporated a state of the art stainless steel pool with dive well, high rate sand filters, restroomywith showers and lockers, lifeguard break room, concession and enclosed pump room. In order to mitigate problems associated with high ground water levels, the pool deck was elevated utilizing a retaining wall system. Lighting was included for night use. 'p*== ' Public nel"fio" �� = ' [3TS developed a Master plan for this 5.0 acre site located adjacent to Deerfield Beach Middle School. Full Architectural and Engineering services were provided for the project This new complex includes three Little League baseball fields, one mixed-use field for adult softball/pony baseball/softball, and one football/soccer field with a perimeter running track. Along with the fields, C3T5 designed a two-story baseball pavilion which offers snackbar/cnncessiun area and an announcer's booth and a one-storyfnntba|| pavilion which provides players with restrooms,weigh-in room, storage and observation deck. The site also features e 50-meter competitive swimming pool with zero-depth entry atone point, where school children will receive weekly swimming lessons. Also included in the pool building are nestrnums, locker rooms, offices, and a meeting room. This new complex includes three Little League baseball fields, one mixed-use field for adult softball/pony baseball/softball, and one football/soccer field with a perimeter running track. Along with the fields, [3TSdesigned e two-story baseball pavilion which offers a snack bar/concession area; an announcer's booth; a one-story football pavilion which provides players with restrooms; weigh-in room; storage; and an observation deck. The site also features a 50-meter competitive swimming pool with zero-depth entry at one point, where school children will receive weekly swimming lessons. Also included in the pool building are restrooms, locker rooms, offices, and a meeting room . AMINO 12, Na-l"I'VA19 � One of the most complex and specialized design features in any recreational facility is that of a pool or water theme play i area. As the prime consultant for the Plantation Aquatic � [enter expansion program, [3T5 prepared the master plan, site work plans and the pool and hydro-play plans for the City of Plantation. The construction cost was $1,000,000 and included a 25 yard by 50 meter Mydha competition pool, a Gadgets and Gizmos zero depth hydro-play area, a new bath house, pump room, in-ground electric pool heaters, maintenance road, drainage and underground utilities and site lighting. Included in the project were provisions to allow the existing pool to remain functional during construction. C3TS is acutely aware of the special considerations required for permitting of pool projects with both state and county agencies. This project, located within a protected well field area, had complex permit requirements for the pool, hydro-play area, bath house structure and site work. AP ;r ~ ^_ �� m� OTS has provided the Village of Wellington design services for four separate design/build projects in a three year period of time. The pool was completely renovated using the Myrtha system. Separate projects renovated the upper and lower levels of the existing building into village council chambers and community center facilities. The lower level contains wrestling and aerobic rooms as well as six meeting rooms of various seating capacity. Restroonn facilities were updated to meet ADA requirements and a kitchen was added. =� 13, IMN As the prime consultant for the design-build team, C3TS revised the master planl and provided the working drawings I -passive park for the construction of la new 157 acre active complex for St. Lucie County. The development included four full size baseball fields, two soccer fields, an aquatics complex, 15 acre lake, 1-1/2 mile nature walk, environmental wetland � utilities were designed to handle water, sewer and fire protection for three buildings an drainage was designed to handle runoff from the fields as well as the parking |nb to mitigate pollution into the lake. VVe||s were installed to handle i potable water systems as well as the geothermal units for the aquatics complex. All landscaping, site amenities, playgrounds, � exercise stations, fencing and lighting was also included. ILI 3 ME T • • eau "4.'�5�� ,.' �I ,TVs`— "v Y°`r,�V's�'t+,X L.1�'�4��, • • — / • O • r� vmmgm NI ST -109 'ij C OWN, IM WU As the prime consultant for the design-build team, OTS prepared the master plan and working drawings for! the construction of a new active-passive park complex for the City of Margate. The development included a centrally located, South Florida stye Parks and Recreation Department community center, picnic shelters, an amphitheater area, tennis courts, basketball courts, in -line skating rink, sand volley ball courts, a half mile jogging trail and entry features. All landscaping, site amenities, tot lots, exercise stations, fencing and lighting was also included. C]TS has been active in both the design-build arena and as direct professional consultants for parks and recreational facilities throughout r^~ Dade and BnowandCounties. ms BE OtS was selected as the prime consultant for master planning, design and permitting for this community park in Mar'athon in the Florida Keys, The park included soccer fields, an outdoor covered amphitheatre, restroorn buildings, a skate park, bocci and shuffleboard courts, parking and all associated utilities for this $4 million facility. OTS provided the civil, structural and architectural design for the project as well as construction administration and oversight. The amphitheatre structure incorporated tensile fabric construction and was designed to meet all current hurricane wind loading requirements for the Florida Keys. Drainage incorporated n combination of trench drain and dry retention in order to prevent runoff from entering the adjacent environmentally sensitive mangrove areas. ^=mie" 'Enomee"' ,la"ne°' Public xelotion. i basketball courts; bocce and other lawn sports venues; t tournament sand volleyball courts; a community center; picnic Sr+ a pavilions; ADA playgrounds; paths with fitness stations; 't lighting; asphalt parking areas; and a covered drop off for _' }F students accessing the adjacent school property. C3TS had to develop a program to facilitate the removal of trash and debris NIP from the site which had been established as a class III landfill prior to development as a park. The covered student drop off Y was provided by tensile fabric structures designed to meet current South Florida wind loading criteria. The synthetic turf soccer fields involved the installation of geogrid tensile fabric as well as an underdrain system that would allow the fields to be played on in less than an hour after a major rain event. t001 - Also included were bleachers established on both sides of . ` each field for tournament play. t Milt ¢� : -t o, - -t • i- •- t • a 'je"�'! � ���-a ie�k �` � t-� :l..an- '--- ..ti�r..x :a. i • w • � t • i � w wr • • r � ! • 5 ������� n�s�ws'�-rs7"n3n �e"r --'`.. - • =---.� _ _ rte: u- • • • • i ! ' •' 7P �„ .t• • i t • •w . w .t' i . • YJ r' rxs� �✓w" +s� ;�. Ells � y '=z.. r„ ss ,. -fir �� ��Ir�. �� "� C3T5 has participated as the lead designer on a multitude of Design/Build parks and recreational facility projects throughout South Florida. Such experience includes providing the complete design, in addition to construction management services, for North Community Perk for the City of Coral Springs. This park is a 36-acne, full recreational complex with amenities such as s clubhouse, baseball, soccer, football and softball fields, batting cages, basketball, volleyball and tennis courts, pavilions, and tot lots. C3TS provided civil, structural, and architectural design, as well as drainage modifications, landscaping and permitting. Tlmefname from NTP for design to completion of construction was nine months. 'plo"nem'mmcnelafio" Designed tobe located at the heads of the major east/west streets where they intersect the beach, these restmom and concession facilities were designed through the Arts in Public Places Committees requirements to expend funds at these MO locations. [3TS was extremely proud to have been selected, together with Tren Construction, to provide these much needed facilities on a design-build basis. Each street head (17th, 21st, 29th, 46th, and 64th) will act as location markers and be each visually distinctive from the other in order to promote way-finding along the beach as well as provide a level of whimsy to what has been traditionally a very dour N