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10-07-08 Item 10South Miami aAm ftaCly CITY OF SOUTH MIAMI 11111, INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor Feliu, and Members of the City Commission e Via: Ajibola Balogun, City Manager From: Cesar Garcia, Director Parks & Recreation Department Date: September 23, 2008 Agenda Item No. :J_0 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 _THO_MPS_ON_ 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. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO.: 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. WHEREAS, 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 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 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 this day of , 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor: Horace Feliu Vice Mayor: Brian Beasley Commissioner: Randy Wiscombe Commissioner: Jay Beckman Commissioner: Velma Palmer MIAMI-DADE 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. 1st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786 - 469 -2236 miamidade.gov Re: Request for Approval of Design Architectural Firm (Murray 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, Castella, 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 4795 S.W. 75th Avenue Miami, Florida 33155 Attention: ARCHITECTS Reference: ENGINEERS PLANNERS PUBLIC RELATIONS Dear Mr. Olivo, Jose H. Olivo Jr., P.E. Murray Park - Aquatic Facilities Development South Miami, FL Architectural & Engineering Services for Design, Construction Documents and Bidding Award Proposal # P2008 -110a 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 to include architecture, irrigation, civil, structural, mechanical, plumbing and electrical engineering drawings and landscape architecture up EB0005022 through bidding and award as specifically outlined below and as described in the Professional AAC002142 Services Agreement between Miami -Dade County, Florida and Consultant for Professional Services: Agreement/Project # A05- PARK -07 -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 proposal: 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 a Non - enclosed Aquatic Facility to include: • Non- competitive teaching and recreational pool. This pool will have practice lanes (up to 8 & accessible 3' -0" deep basin area approximately 20'x40') but is intended for high school swimming competition use and be 75'x 67' in size and will be provided with exterior retractable bleachers. • A children's aquatic playground of minimal (6" depth) with aquatic play structures and elements typical of the type being done for other local municipalities. This feature will be of approximately 3,000 s.f. and include up to 6 features of which one will be a slide. • A support "bathhouse" to include restrooms lockers and showers for both sexes as well as concessions (non- cooking) support and office space appropriate to the adjoining aquatic facilities only. This structure will also incorporate an open air screened enclosure for equipment. • The above scope will require the relocation of an existing double full size basketball court. Said court to be located due west of the current multipurpose facility. • A new lighted asphalt parking area with 12 parking stalls with 2 accessible spots. • All of the above improvements to Murray Park will be provided with sports lighting. 901 Ponce de Leon Boulevard, Suife 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 -110a 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 traff ic 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. Phase I: PROGRAMMING AND SCHEMATIC DESIGN: (10% of the Basic Services) SUBTOTAL FOR PHASE I: $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 I: $38,533.40 2. Phase II: DESIGN DEVELOPMENT: (20% of the Basic Services) SUBTOTAL FOR PHASE II: $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 %: $52,500.00 (65% of the Basic Services @ 100% plans submittal) SUBTOTAL FOR PHASE III - 100 %: $52.500.00 Estimated Completion Time Q 50% plans submittal 45 calendar days. Estimated Completion Time 03100% plans submittal 45 calendar days. 901 Ponce de Leon Boulevard, Suife 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 -110a Design 4. Phase IV: BIDDING AND AWARD OF CONTRACT: (70% of the Basic Services) SUBTOTAL FOR PHASE IV: $5,000.00 TOTAL BASIC SERVICES FOR DESIGN PHASE: $193.533.00 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)SM,L.L.C. PROFESSIONAL SURVEYORS & MAPPERS August 28, 2008 Wesley A. Castellanos, Designer/ Project Manager Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce de Leon Boulevard, Suite 400 Coral Gables, Florida 33134 Ile: 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 • Topography / elevations of all aboveground features, from right -of -way to the centerline. • Features to be located, but not limited to: trees, sidewalks, manholes, signs, fences, driveways, etc... • Invert & pipe information for sanitary & drainage structures will be provided, if any exist. • Control points will be set at site, both horizontal & vertical. • Vertical Darien will be the Nidonal Geodedc Vertical Datum of 1929. • A digital file in Autocad, ASCII, together with printed hard copies, will be delivered. Professional Fee forTotalServices: $3250.00LumpSum 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. THIS AGREEMFNTFOR PROFESSIONAL SURVEYING SERVICES CONDITIONS ARE HEREBY ACKNOWLEDGED AND ACCEPTED. P(3)SM, L.L.C. UTS duardo M. Suarez, .S.M ate 0 Authorized Representative Date President, For the Firm ( Print Name) 3900 N.W. 79th Avenue • Suite 235 Doral, Florida 33166 Phone 305- 463 -0912 • Fax 305- 463 -0913 August 27, 2008 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 TIERF A Proposal No. 0808 -321 Dear Wes: Per your request, TIERRA is pleased to submif 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. PROJECT RWORMATION 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 borings, 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. 2785 VISTA PARKWAY, SUITE 10 • WEST PALM BEACH. FLORIDA 33411 (561) 687 -8538 • FAX. (561) 687 -8570 State of Florida Professional Engineers License #6486 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 geotechnical 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 Miami -Dade County, it is estimated that the total fees will be $8,144. 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. Boring, 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. SCHEDULE AND AUTHORIZATION TIERRA will proceed with the work after receipt of a signed copy of this proposal. With our present drilling schedule; we can commence work after several days of project approval (weather permitting) 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, TIERRA, INC. Raj Krj samy, P.B. Vice P ent RK: Attachments: 1. Fee Breakdown tC�.t' '7il WOE': '02 ;F�`i' .t•1Kiry� -[kL S�' l ri Y ti. f �� ad C }�, �a Y.3=;zs!�. jf= ,i` --it .:t:�:tiz? .5..`_ ktt!__...s�?•- i.� -f3L :S'1... 41`.Y .__ -.. s:� Y. � d [ t d. L6 �i .. .__ .. ''e1 "__.tr L Name: Firm: Title: Name: Date: Address: TIERRA, INC. ATTACHMENT FEE SCHEDULE FOR GEOTECHNICAL SERVICES- MIAMI -DADE COUNTY IVES ESTATES PARK FEE SCHEDULE IIIA. ENGINEERING AND TECHNICAL SERVICES p or Unite Unit i. FIELD INVESTIGATION 1 Mobilization of Man and Equipment 350.00 S Truck- Mounted Equipment Trip Standard Penetration Test Borings 0 (By Truck - Mounted Equipment) 24.00 ; 0 - 5o R depth L.F. 60 -100 R depth L.F. Grout -Saal Boreholes 34.00 S (By Truck - Mounted Equipment) L.F. Rock Coring (Structures) 3 (By Truck-Mounted EquipmenQ 490.00 ; 0 - 60 R deep LF. 50 -100 R deep LF. Borehole Permeability Tests Test 11. LABORATORY TESTING s Soil classifications Test Natural Moisture Content Teats Test Grain -Size Analysis - Fu0 Gradation Test Organic Content Tests Test Ill. FIELD ENGINEERING AND TECHNICAL SERVICES Underground Utility Coordination Engineering Technician Hour IIIA. ENGINEERING AND TECHNICAL SERVICES p or Unite Hour Unit Pries 1 S 350.00 S 120 ; 20.00 S 0 $ 24.00 ; 120 $ 8.00 $ 0 ; 34.00 S 0 S 40.00 ; 3 S 490.00 ; 3 ; 90.00 ; 3 S 38.00 ; 3 s 84.00 ; 3 S 50.00 ; 0 ; 75.00 ; Principal Engineer Hour 1 ; Professiond Engineer Hour 2 S Staff Engineer Hour t0 $ Drmtperson Hour 4 $ Administrative Assistant Hour 2 ; TOTAL FEE FOR GEOTECHNICAL ENGINEERING SERVICES Page 1 of i 180.00 ; 120.00 ; 85.00 $ 70.00 ; 45.00 S S Total 350.00 2,400.00 0.00 960.00 0.00 0.00 1,470.00 288.00 114.00 102.00 150.00 800.00 180.00 240.00 860.00 280.00 90.00 8,144.00 RESOLUTION NO.: 10-08-12607 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2008 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR THE MURRAY PARK SWIMMING POOL DESIGN IN THE AMOUNT OF $276,000.00; AND PROVIDING FOR AN EFFECTIVE DATE 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. 0 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 fa day of , 2008. (MY CLERK READ AN AS TO FO CITY A NEY Include File Name and Path COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Carlos Alvarez, Mayor March 27, 2008 Mr. W. Ajibola Balogun Assistant City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1st Court 'e 14th,Flbor Miami, Florida 33136 T 786- 469 -2100 F 786 -469 -2170 Re: FY 2008 Community Development Block Grant Contract - $276000 Murray Park Swimming Pool — Design Phase Dear Mr. Balogun: iniamidade.gov Enclosed is an .executed copy of the FY 2008 CDBG Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Swimming Pool - Design Phase activities. The effective term of this agreement is from January 1, 2008 through December 31, 2009. Your staff must ensure that the Office of Community and Economic Development receives the reports and other required documents identified in the contract by the required deadlines to avoid suspension of funds. If you have any questions, please contact me at 786- 469 -2220. Sincerely, Letitia S. Goodson Contracts Officer :Isg Enclosure Index Code: CD534C09C1 CDBG FY 2008 Municipality FY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI This contract is entered Into between Miami -Dade County, hereinafter. referred to as the "County" and the :City of South Miami, A municipal . government organized. under the laws of the State of Florida hereinafter referred to as the "Awardee ". The parties agree: 1. Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR fart 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant Low -and Moderate - income A. member of low- and moderate- income family i.e., a Person family whose Income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, Info.rmation, . data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers,. drawings, maps,. pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County Subcontractor Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee Murray Park Swimming Pool — Design Phase Contract Date: 1101108 -� 12131189 I!. The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. D. Insurance To comply with Miami -Dade County's Insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, Including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners, principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall Investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, Including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall not he held liable to pay a personal Injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the Awardee arising out of the same Incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Awardee. The provisions of this section survive the termination or expiration of this agreement. D. Documents The Awardee shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified In Attachment A, "Scope of Services" The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 8, 2008, July 8, 2008, October 7, 2008, January 10, 2009, April 8, 2009, July 8, 2009, October 7, 2009 and January 10, 2010. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when subcontractors or sub- consultants 2 are utilized to fulfill the terms and conditions of this contract, Miami - Dade County Resolution No. - 1634 -93 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women =Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, . verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific Information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities Including the number of housing units completed and occupied by low- moderate and low income- residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated In the approved Scope of Services, must be addressed as part of this report, Section 11- Fiscal Information: The Awardee must report expenditure information based on approved budgeted line Items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program income Usage for each contracted activity. Section III - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)- The Awardee shall report to OCED the number of business activities Involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to OCED no later than April 8, 2008, October 7, 2008, April 8, 2009 and October 7, 2009. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section In Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 8, 2008, October 7, 2008, April 8, 2009 and October 7, 2009. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. C. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to carryout any of the activities described In Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph D.Q. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee Is submitting the Progress Reports required by Section 11, Paragraph D.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph DA.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2008 through December 31, 2008 and shall be received by OCED no later than January 10, 2009 and January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 10, 2010. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article 11, Section E.S. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." funds or site approval, and that such commitment of funds or approval may nrr•ur nnly ne..�.. �. s.s._e_. -. _____._� - o --- determination to proceed with modify or cancel the proiect based on the results of a subsequent environmental review IV. 4. Audit Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section 11, Paragraph I of this contract as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance Issues stated In the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 5. Invento Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph Q of this contract. 6: Affirmative Action Plan - The Awardee shall report to OCED information relative to the. equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that Its activities meet one of the three (3) CDBG national objectives: a. To benefit tow- and moderate - income persons; b. To aid in the prevention or.elimination of slums or blight; C. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low- and moderate - income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than 51% of low- and moderate- income persons. 3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity In compliance with all applicable federal laws and regulations described therein. 4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition .Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non- profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED In informing the appropriate CDBG citizen participation structures, Including the appropriate area committees, of the activities of the Awardee In adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities Involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any :and alt legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9. The Awardee shalt adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine If the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these. requirements. The Awardee shalt submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework. This requirement may be waived In the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 11. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and OCED will have the right to monitor the activity. 12. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 U F. Federal, State, and County Laws and Regulations 1. RULES, REGULATIONS AND LICENSING REQUIREMENTS The Awardee shalt comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A -128, OMB A -87, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are Incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shalt comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A -60 et seq, of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade 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 grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Provider. 3. If the amount payable to the Awardee pursuant to the terms of this contract is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 .U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Non- discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, .communications, access to facilities, renovations, and new construction. 7 6. rrocure_ment Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action -Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, ,a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit : Prior to entering into any contract with the Couty, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section I IA -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, In the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. in accordance with Resolution R- 185 -00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter 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 R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics: In accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitly that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ( "Code" ) and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Section 2-8.10) of.the Miami -Dade County Code (Form A -12). 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may 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 on 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 transact business with any public entity In excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this contract shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this contract Miami -Dade County shall have the right to terminate this agreement. 10. CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be In violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable. by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Reiated -Party Disclosure information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title i, Employment; Title II, Public Services; Title 111, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 9 3. The Federal Transit Act, as amended 49 U.S.G. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation including but not limited to, 24 CFR .570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking .any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15,1999; and other related acts, as applicable. 4. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work Is verified by OCED through a Certificate of Occupancy. 7. The County shall have the right to assign the Community Builders Division of the Office of Community and Economic Development to assist the project if the County's staff determines that the Awardee has been unable to .consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement will result in a reduction of a maximum of 5% of the agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by the Community Builders Division of the Office of Community and Economic Development. 8. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site as defined and described in Attachment "A" of this agreement. 10 Audits and Records 1. The Awardee expending $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $500,000 or more under only one `federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $500,000 annually In federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such Awardees that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic .procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non- expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Awardee shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record - keeping and audit requirements detailed in this II contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record keeping requirements described above. 8. The County reserves the right to require the Awardee to submit to an audit by Audit and management Services or other auditor of the County's choosing at the Awardee's 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 make them available to the County for three years following expiration of the Agreement, The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. J. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a, For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity the Awardee must retain all contract records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph J.1.c., the Awardee must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If 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 provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Awardee shall allow the County, 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. 12 4. The Awardee shall notify OCED in writing, both during the pendency of this contract and after its expirations part of the final close -out procedure, of the address where all contract records will be retained. 5. The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. K. Provision of Records 1. The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED Immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee, The audit cost shall also be included in all change orders and all contract renewals and extensions. a. Exception: The above application of one quarter (114) of one percent fee .assessment shall not apply to the following contracts: (a) 1PSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; Q) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 42; (m) federal, state and local government- funded grants; and (n) interlocai agreements. Notwithstanding the foregoing, the Miami -Dade County Board of County Commissioners may authorize the inclusion - of the fee assessment of one quarter (9/4) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all .financial and performance related records, 13 property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. 1 . Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following; 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. OCED shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all ngnexpendable personal property not specifically listed In the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph H of this contract. 9. The disposal of all contract records as provided for in Section 11, Paragraph J of this contract. M. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this contract, and/or to interview any clients employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, OCED will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth In the report, or provide OCED with a reasonable justification for not correcting the deficiencies. OCED will determine, in its sole and absolute discretion whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by OCED in its report. N. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee 14 further covenants that In the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. Requests for budget revisions. ➢ Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to OCED immediately upon the Awardee's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. O. Publicity, Advertisements and Signage 4. The Awardee shall ensure that all publicity, public relations and ,advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo Is permissible 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, Installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's 15 businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by ACED 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 provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financial assistance toward Target Area residents and ensure that .employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: The work to be performed under this contract is subject to the requirements of section 3 of the Housing and. Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the .Awardee has a collective bargaining agreement or other understanding, if .any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract 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. 5. The Awardee will certify that any vacant employment positions,. Including training positions, that are filled (1) after the Awardee is selected but before the contract is executed, 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. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance 16 Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Fair Subcontracting Policies Ordinance 97 -35) All Awardees on County contracts In which subcontractors :may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see attached Form A -7.2). Awardees who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The: term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miaml -Dade County from which the contract or subcontract will be performed.- The term "subcontractor" means a business independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. Q. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendabie Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a 17 normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under. the Awardee's control that was acquired or Improved in whole or in. part with CDBG funds received from OCED in excess of $25,000 shall be either: 9) Used to meet one of the three (3) CDBG national objectives until five years after the expiration or termination of this contract, or for such longer period of time as determined by OCED in Its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property Is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Awardee such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 0.2.a.l., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. C. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or In part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is In parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and Identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. 18 e. All real property shall be Inventoried annually by the Awardee and an inventory report shall be submitted to OCED. This report shall Include the elements ,listed In Paragraph T.2.c., above. 3. The Awardee shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased or improved in whole or In part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased .in whole or In part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED.. R. Program Income 1. Program income as defined in 24 CFR Part 570.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, .use program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. b. The County may in its sole discretion allow Awardee to Use Program Income to carry out eligible activities. The Awardee may request to use Program Income for eligible activities. If the Awardee reauests to use Program Income, the Awardee shall report to OCED all cumulative Program Income generated from activities financed in whole or in part by funds from this contract. This information, along with a check 19 payable to Miami -Dade County for the -generated Program Income must be submitted guarteriv as part of the Fiscal Section of the Awardee's Progress Report as outlined in Section II. Paragraph b 2 a C. The Awardee shall report Program Income for as long as it receives and /or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 at seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. I. Any proceeds from the sale of property as detailed In Section 11, Paragraph 0.4., above, shall be considered program income. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Awardee shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG funded activities, OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 Security needs). 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Awardee, and such action shall not require an amendment to this contracts. S. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. 20 T. Subcontracts and Assignments 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above, and; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." .2. The Awardee shall incorporate in all consultant subcontracts this additional provision. The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this 21 contract or the right to receive benefits or payments resulting from this contract. 6. .Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the Incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence In writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement Attachment "A," which shall be submitted with all payment requests and shall clearly Identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 22 6. No payments will be made without evidence of appropriate Insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this contract. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payments if OCED, In its sole discretion, so chooses. 7. Within thirty (30) calendar days after this contract expires or is terminated, the Awardee shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED 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 outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Compliance Manual. 9. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. 10. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this contract, Awardee agrees to and shall assign any proceeds to the County from any contract between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. W. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all assets, owned or held by Awardee as a result of this contract, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to OCED of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to mortgages securing the property and UCC financing statements, as required by the County to effectuate the reversion of assets. Ill. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $276,000.00. IV. The Awardee and OCED Agree: A. Effective Date This contract shall begin on January 1, 2008. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 23 2, This contract shall expire on December 31, 2009. Any costs Incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes as determined in OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these.contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Awardee of the type of action to be taken In writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will Include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Awardee reasonable opportunity to rectify any action or inaction referenced above. C. Termination Termination at Will This contract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED 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 agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional cost under this contract. OCED shall be liable only for reasonable costs incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority In determining whether or not funds are available. OCED may at Its discretion terminate, renegotiate and/or adjust the contract award, whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Hoard of County Commissioners action, the Awardee may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering the ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery, Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.1.4, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such Individual or subcontracted entity it has with the County. Such individual or entity shall 25 be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet Its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Awardee will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification Modifications of provisions of this contract shall be valid only when In writing and signed by duty authorized representatives of each party. The parties agree to renegotiate this contract if OCED, in its sole and absolute discretion determines that federal, state, and /or County revisions of any applicable taws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and /or County revisions of any .applicable laws or regulations, or increases or decreases in budget allocations. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the .appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be -a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written 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 County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager .for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee or in the event additional time is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time is necessary, The Awardee agrees that the County Manager's determination shall be final and binding on all parties. H. Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. 1. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. Independent Private Sector Inspector General Reviews 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 recipients are exempt from paying the cost of the audit which is normally'/. of 1% of the total contract amount. The Miami -Dade County inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and 27 programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, Investigate, monitor, oversee, inspect and review operations, activities; performance and procurement process Including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract . specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, 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. The provisions In this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee is aware that Miami - Dade County Office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant Recipients are exempt from paying the costs of the audit, which Is normally ?/4 of 1% of the total contract amount. L.' Notice and Contact OCED's representative for this contract is Letitia Goodson. The Awardee's representative for this contract is W. Ajibola Balogun. The Awardee's principal office is at 6130 Sunset Drive, South Miami, Florida 33143. The Awardee's telephone number is (305) 663 -6338. In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. 28 M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is: N/A N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities; obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek.to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have .been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute :such contract to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party P. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the .termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment Al -- Action Steps; Attachment B - Budget; Attachment C - Progress Report; Attachment p Information for Environmental Review; Attachment E - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 29 IN WITNESS THEREOF, the parties hereto have caused this thirty 0) age ntract to be executed by their undersigned officials as duly authorized, this�day of 008: AWARDEE: City .of South Miami BY: TITLE: City Manager DATE: r�C3 BY: NAME /)ljq- TITLE: DATE Witnesses: BY; j Signature) Type. or Print Name BY:� sty au.f� {Sigfiature} Mnrla M. Menendez Type or Print Name Federal ID Number: 59- 6000431 Resolution #: R- 1222 -07 Awardee's Fiscal Year Ending Date: 09130/09 CORPORATE SEAL: .MIAMI -DADE COUNTY BY: NAME: TITLE: 3rrrraada? A GD 105� r A � o r .. TITG,sry _�fl�, B9 r ps �I of County CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 30 RFA FY20081 Acronym: SMIAMI FY 2008 Activity ID: Index Code., CATEGORY: Capital Improvemei ---- m 1. Describtion �-4111 Source CDBG Action Plan ID: IDIS Number: Date: SCORE: 2/12/200 District: IVID Specific: It 07 - Appliicant , Agency i . Developer Information: Applicant I Developer (A.K.A.): City of South Miami Applicant Type: Municipality Attachment A Contract Number: I J .contract Shelf Type: EIN: 89-6 00431-i;!�!.:., Applicant Legal Address: 16130 SUNSET DR CITY, ST, ZIP: SOUTH MI J 1 FL' 133143 I _ ............. .. ... - I . ..... ...... ... .. Contact: Mr.W. Ajibola Balogun Phone: (305) 663-6338 Activity Title and Description: Monitoring Issues: Title: Murray Park Swimming Pool - Design Phase Design and construction of a Community Swimming Pool located at Murary Park, located at 6700 SW 58 Place, South Miami, FL 33143, in the South Miami NRSA. 1 2. Funding Information FY07 Contract # FY07 IDIS # FY07 Fundinci: FY08 Non-OCED Funding: $50,000 FY08 Requested Amount: $276,000 3. Contract Information I Signees Contract Officer: Goodson $0 Planner: 1143 1 iParkinson ............ Salutation FName I-Name IMs. 1 (Yvonne S. Kinley Title: city-_ M_ a, I n6"ge" r Prior Year N/A Carry Forward ....... . . . Title: Number Of Units Proposed in Application I ................................. .. Proposed by Funding: Cost per Unit (CPU) Contract Status: Contract Dates Start Completion Amendment FY 2008 Action Plan $276,000 Total FY 2008 Allocation: Contract $$ $276,000 Agency Fiscal Year I Start: End: V 5.. Contract Tracking Contract Tracking ,Report ., Export Contract Dataj Issued Date Scope Finalized Sent to County Sent to Clark Attorney of Board Signed Date Budget Approved Sent to County Manager 6. Geographic Information (Please remember to GEO CODE Activity Ad Activity Goo Address: Activity Goo City: ST: GeoZipCode: 5800 SW 66 Street South Miami 133143 7.441.1dinfo'irmation If no street address, provide crossroads information: HUD Code: 03F Proposed: [IUD Activity Type: Parks, Recreational Facilities Accomplishment Type Public Facilities AUDIT DUE: Returned from County Manager l Executed dress) Census Tract: Block Group. 76 Folio. Number (CI and 110 only) 09-4025-028-0900, 0910,0920,0010 National Citation National Objective % Low/Mod: 570.201(c) 570208(a)(1) LIVIA Priority Need Infrastructure ','- -Smailfrofti. Contractors: ir►t IAM 1 -E a City of South Miami CDBG FY 2008 Scope of Services January 1, 2008 — December 31, 2008 1. - ACTIVITY TITLE: Murray Park Swimming Pool Design 2. - ACTIVITY DESCRIPTION: Swinitning Pool Design - Capital Improvements 3. - APPROVED BY BCC: $276,060 4. - SOURCE: CDBG 2008 5. - HUD INFORMATION: 5a. — HUD matrix code: 03F Sb. — Title: Parks, Recreational Facilities 5c. — Eligibility 570.201(c) Public Facilities and Improvements 6. - ACCOMPLISHMENTS: 6a, — Number of Units: 1 6b• — Type,: Facility 7. - NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA) 8. - ACTIVITY .ADDRESS: 5800 S . W. 66"' Streets Miami, Florida 33143 9. - LOCATION: City of South Miami 1' CO: Letitia Goodson PLANNER: Winston Parkinson _ ct 5 w " 1eg }fit` � Till •{iiFl i ° m cn m ;W' W to CO) D (� to D D v y -i n D D ry 7 }�aactr C y� � C }C 10 J 4 (/� �. n n .i7 'O Q G (i t� tlp t�� 7' P „t * N cd Q `< R a $ Z (TI O ro .� 0 O �' c 2 D p ;. oa �aao ja co ro� D O N} CA iY tlo fl1 x 'D n z O r' Z O m n 2 `0 r Q Q O C ro i a c Y a z Nil 2 } c iWl D ci 'ro ii 0 K -i N-1 r v K M 3 m m ro OM -0mc Q n MO. ro < F m o, m z G7 m _a. to w to 0 0 3 c iY m' o cny o 0 o w ot m A .c g E < m rii w . 3 - (i it m -+ ° C r z An to cn ;�g�y; �, 'fir, • � Ul N m aria a C 2 i f £ ' c O m J s m m— ° t_ ° m r'f: ,? :m a Ig O mc tft ,r .� : + z m n :r w v. A. fn n C m m :?fir, a k K YA. e tt r r �... p S D i;.:, m r n m n -2 c 'm Y c m y <` m < �.} Ay�•i �z�:r W:: t�. Attachment B CITY OF SOUTH MIAMI Murray Park Swimming Pool-'Design Phase CDBG FY2008 SUMMARY BUDGET January 1,, 2008 thru December 31., 2008 SOURCLS OF OTHER FUNDING TOTAL AMOUNT City of South Miami $ 50,000 PRIOR YEAR FY 2008 NON -OCED CATEGORIES FUNDING FUNDING FUNDING TOTAL I, Personnel $ - $ 16;363 $ - $ 16,363 E1:Contractual Services $ - $' 259,637 $ 50,000 $ 309,637 III.Operating Services $ -. $ - $ IV. Capital Outlay $ TOTAL BUDGET $ - - $ 276,000 $ 50,000 $ 326,000 SOURCLS OF OTHER FUNDING TOTAL AMOUNT City of South Miami $ 50,000 Attachment B CITY OF SOUTH MIAMI, INC CDBG FY 2008 Murray Park Swimming Pool- Design Phase DETAIL BUDGET January 1, 2008 thru December 31, 2008 4010 Fringe Benefits PP Non -OCED OCED Total OCED Total All Sources 4010 PERSONNEL- Em to ee 1,163 21012 Environmental Audit 0 0 Regular- Salaries 0 Sub -Total Fringe 0 1,163 Public Works Director 1,163 0 $7,000 $7,000 $7,000 Chief Accountant 309,637 0 $2,7001 $2,700 1 $2,700 Grants Administrator 16,363 0 $5,5001 $5,500 1 $5,500 Sub -Total Salaries 0 0 $15,200 1 $15,200 1 $15,200 4010 Fringe Benefits FICA (salaryX7.65% ) 0 1;163 1,163 1,163 21012 Environmental Audit 0 0 0 0 Sub -Total Fringe 0 1,163 1,163 1,163 21030 Other Professional Svc 50,000 259,637 259,637 309,637 Total Personnel 1 0 16,363 16,3631 16,363 Contractual Services 21011 External Audit 0 0 0 0 21012 Environmental Audit 0 0 0 0 21030 Other Professional- Svc Const Mgmt 0 0 0 0 21030 Other Professional Svc 50,000 259,637 259,637 309,637 22350 Bottled Water 0 0 0 0 25330 Rent Copier 0 0 0 0 25511 Building Rental 0 0 0 0 Total Contractual 50,000 259,637 259,637 309,637 Operating Expenses 31011 Telephone Regular 0 0 0 0 31011 Telephone Long Distance 0 0 0 0 31610 Postage 0 0 0 0 31420 Advertising Radio 0 0 0 0 Total Operating Expenses 01--- 0 01 0 Commodities 31510 Outside Printing 0 0 0 0 95020 Computer Purchase 0 0 0 0 47010 Office Supplies/ Outside Vendors 0 0 0 0 Total Commodities 0 0 0 0. Capital Outlay 90 Construction 1 01 0 1 0 0 Infrastructure Improvements 01 0 '01 0 Total Capital Outlay 01 10 4 1 0 TOTAL BUDGET 50,0001 276,000. 276,000 1 326,000 MIt0% ATTACHMENT B -1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and. shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development, 70I NW I" Court 14`' Floor Miami FL 33135 Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 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. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not. less than .$250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 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 the approval of the County Risk Management Division. or The company must,hold a: Valid ,Flor da:Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized :or Approved to. Do Business in Florida ", issued. by ,the State of Florida Department of insurance :and `are members of the Florida Guaranty Fund: Certificates of will indicate that no 'Modificatiou or change in insurance shall ;be made without: thirty 30 days in advance, noticefo the certificate holder: M E " Part 1. Activity Information R. Agency L Project Attachment C 'Seiect Quarter _ _ ( ✓j I" MM _JAN07 2ND AR -JUN 3b JUktSEP ANNUAL REPORT . Activity Name: 4. Category: 5. Activity Address: 6. Commission District: 7. Activity Description: S. IDIS No. 9.Source: 10. Grantee Activity #.: Funded Amount:_ 11. 12. 13. OBJECTIVE AND OUTCOME (Circle that applies) Ob. ective 1 Create suitable living environments 2 Provide decent affordable .housing 3 Create economic opportunities Outcome I Availability /accessibility 2 .Affordability 3. Sustainability LEVERAGING OF FUNDS 1. CDBG Funds: 2. Section 1178 Loan guarantee: 3. HOME: 4. ESG3 5. Other Federal Funds: 6. State/Local Funds: 7.Private Funds: $ 8. Other: $ FORM OF ASSISTANCE The organization carrying out this activity is providing the assistance in the form of (Enter the number of grants, loans, or other forms of assistance provided under this activity) If the assistance is a loan(s), enter the appropriate.information below. Interest Amortization Rate Period (in Months) Amount Amortized Loan: % Deferred Payment/Forgivable Loan: PI& 1 of 12 12/23/07 12:28 PM UJJB(; .A U11Y1 TY INFORMATION Enter "X" by_ all that apply: One- for -One Re lacement: Displacement: Float Funded: Colonia: Historic preservation area: Special Assessment: Revolving Fund: Favored Activity: Brownfield Activi : Presidentially Declared Disaster Area: For Float Funded activities, indicate and following: Funds to be Received: _/ — /_ Float Principal Balance: For Brownfield activities, indicate the # of acres re- mediated: Activity includes Multi -Unit Housing (2+ units /structure) (Y/N): _ Activi!y involves Rental Housing (Y/N): Indicate if activity is located in a Strategy, CDFI, or Local Target Area (SAM): Specify Area Identifier: Presumed Benefit? Nature/Location ? (Y Hell? Prevent Homelessness ff _ Help Those with HIV /AIDS /N Primarily Help Persons with Disabilities Generate Program Income (Y/N): ".L%". i.1`14d�ti 111J1`( V_'^ nn IJ11 tx L I U I I M, t%t.. -KI V ITY 1. Is this activity caret e out by Me Grantee yes, enter "X" by the appropriate category below): Activity is being carried out by the grantee through: Grantee Employees: Contractors: Grantee employees & Contractors• If NO: Enter organization name and place an "X" by the appropriate category: Organization Name: Sub - recipient only: CBDO only: Another unit of Local Government: CBDO designated as a sub- recipient: Another public agency: If the organization is a sub- recipient, enter "X" by the appropriate designation below: Sub - recipient is: Non -Profit Organization: For -profit authorized under 570- 201(0): Faith Based Organization: Institution of higher education: CDBG AREA BENEFIT DATA Census or Survey* Data Used (C /S): *If survey used, enter # Low/Mod and Total Population Total # of Low /Mod in Service Area: Total Low/Mod Universe Population in Service Area: _ # of Low/Mod in Service Area: % County Census Code "Tract < ............. Block Groups ................. _ .... > [Use Capped or Uncapped data (C/U)? [ Recalculate Percentage (Y/N) ? ] Page 2 of 12 12/28/07 12:28 PM Part. Direst Benefit Information (complete this part if the National Objective ls_LMt:,LMH, LMJ t. Counts by households or Persons? (H/P): .2. Total Number Benefiting from the Activity: 3. Number of Female Headed Households: 4. Number of persons served in Entitlement Area: S. Number of persons served outside of Entitlement Area: B. Method of Verification by the Agency: T Presumed Benefit? (YIN): S. Nature/Location? (Y/N): 9. Nature/Location Narrative: Direct Benefit by Race/ Ethnic Category(Cumulative accomplishments) White Black or.Africnn American Asian American Indian/ Alaskan Native NRtiveHawaiian /Other Pacific islander American Indian/ Alaskan Native & White Asian & W"hite Black African American &White American Indian or Alaskan Native & Black African Americau Other Multi— Racial Totals Direct Benefit by Income Category LOW EXTREMELY LOW TOTAL MOD PART 3: Slum /Blight Area Information (complete this part if the National Objective is SBA) 1. Boundaries: 2. Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/Blight Designation Year: PART 4: Job Croatlon /Retention Information (complote this part if the National Objective is LMJ) Table 1 Type CDBG Direct Loan NU CDBG Grant E"R Page 3 of 12 12/28t07 12:25 PM w _ att_Y.IM..L.�...L4�.w ■..t..,w...wLfw . a 1 f.M.iA ...' MV • nor ��- w.w,.. .....— Total Job .--- - -_ —__ Total Job Total Hours . Total Hours-Part of Type Count -Full Count -Full Part time Time- Low/Mod Low/Mod Jobs # of Units expected at Time Job Time - - Installing smoke detectors Completion - Providing supplies and equi inent for painting houses - Operating a Tool Lending Library Low/Mod Relocated To Expect to Create Expect to Retain Actually Created Actually Retained PART 5 CDBG Multi unit Activity Set Upand Completion Information(for LMH activities) Units Total Occupied Occupied Low/Mod American Indian/Alaskan Type Other White /# of Units at Start Total # of Units expected at Indicate if this activity is limited to one or more of the following: (Enter "x" for all that apply) - Installing security devices - Installing smoke detectors Completion - Providing supplies and equi inent for painting houses - Operating a Tool Lending Library # of Units actually Relocated To Completed . fi1.I. i• �Y Tye Authorized Costs Actual Costs CDBG American Indian/Alaskan Type Other White Displaced From Total CDBG HOUSING REHABILITATION Indicate if this activity is limited to one or more of the following: (Enter "x" for all that apply) - Installing security devices - Installing smoke detectors - Performing emergency housing rg airs - Providing supplies and equi inent for painting houses - Operating a Tool Lending Library PART 6 Displacement Information (complete this Black part it aispiacemenT Hispanic pas occurrcul Asian/Pacific American Indian/Alaskan Type Census Tract Or city White Displaced From Available Date Remaining.ln Relocated To *m. "-irf if nnes -fnr nnn Ranlacement has occurred) Type— Demolished /Converted Address Replacement Address It of Bedrooms Agreement executed date Available Date Page 4 of J 2 12 /28/07 12:28 PM PART 8: Performance Measurement System Information PUBLIC SERVICESIPUBLIC FACILITIES AND IMPROVEMENTS Total Benefiting for program year : Of the household assisted, enter the number that: Now have new access to this service or benefit: Now have improved access to this service or benefit: Now receive a setdice or benefit that is no longer substandard: Total: Now have new access to this type of public facility or infrastructure improvement; Now have improved access to this type of public facility or Infrastructure improvement: Infrastructure improvement: That are served by public facility or infrastructure that is no longer substandard: - Total: Homeless persons given overnight shelter: # of beds created in overnight shelter or other emergency housing: CONSTRUCTION OF RENTAL UNITS - PART I Total Rental Units for program year Of the total Rental Units, the number: Affordable units: Section 504 accessible units: Units qualified as Energy Star Standards: Of the total number of affordable units: Units occupied by elderly: Years of affordability: Units subsidized with project -based rental assistance by another Federal;, state or local Program: CONSTRUCTION OF RENTAL UNITS - PART 2 Total Rental Units for program year Of the total Rental Units, the number: Units designated for persons with HIV /AIDS including units receiving assistance for operations: Of those, the number for the chronically homeless: Permanent housing units designated for homeless. persons and families, including units receiving Assistance for operations: Of those, the number for the chronically homeless: REHABII.,ITATION OF RENTAL UNITS PART - I Total Rental Units for program year Of the total Rental Units, the number: Affordable units: Section 504 accessible units: Brought from substandard to standard condition (HQS or local code): Number qualified as Energy Star: Brought into compliance with lead safety rules (24 CFR Part 35): Number of units created through conversion of non- resicicntial to residential buildings: Page 5 of 12 12/23/07 12 :23 PM REHABILITATION OF REN'T'AL UNITS PART -- 2 Total Affordable Units for program year: Df the number of Affordable Units, the number: Units occupied by elderly: Number of years of affordability: Units subsidized with project -based rental assistance by another Federal, state or local Program: Units designated for persons with HIV /AIDS including units receiving assistance for operations: Of those, the number for the chronically homeless: Permanent housing units for homeless persons and families, including units receiving assistance for operations: Of those, the number for the chronically homeless: ACQUISITION/CONSTRUCTION NEW HOMEOWNER Total Owner Units for program year Of the total Owner Units, the number: .Affordable units: Years of affordability guaranteed: _ Units qualified as Energy Star: Section 504 accessible: Households previously living in subsidized housing: ACQUISITION /CONSTRUCTION NEW HOMEOWNER - PART 2 Total. Owner Units for program year Of the number of Affordable Units, the number: Occupied by elderly: Units specifically designated for persons with HIV /AIDS: Of those, the # specifically for chronically homeless: HOMEOWNER REHAB UNITS Total number Owner Units for program year Of the total Owner Units, the number: Occupied by elderly: Units moved from substandard to standard. (HQS or local code): Units qualified as Energy Star: Units made accessible. Brought into compliance with lead safety rules (24 CPR Part 35): DIRECT T+INANCIAL ASSISTANCE TO HOMEBUYERS Total number homebuyer households for program year Of the total, specify the following: First -time homebuyer: Of those, number receiving housing counseling: Uownpayment Assistance /Closing Costs: JOB CREATION Total Jobs Created for program year Jobs Created: Number of jobs with employer sponsored health care. benefits: Number unemployed prior to taking jobs created under this activity: Page 6 of 12 12!23!07 12:28 Ph1 Type of Jobs Created: Officials and Managers Professional Technicians .Sales Office and Clerical Craft Workers (skilled) Operatives (semi - skilled) Laborers (unskilled) Service Workers JOB RETENTION rotai Jobs Retained for program year lobs Retained: # Jobs Officials and Managers Professional Technicians Sales Office and Clerical Craft Workers (skilled) Operatives (semi- skilled) Laborers (unskilled) Service Workers ASSISTANCE TO BUSINESSES For Program Year: # of Business Assisted. New Existing. Total Of the Existing Businesses assisted: Number expanding Number relocating # of businesses assisted with commercial fagade treatment/business bldg. rehab # of businesses assisted that provide goods or services to meet needs of a service area, neighborhood or community Specify DUNS # for each businesses assisted TENANT -BASED RENTAL ASSISTANCE Total # of Households assisted for. Program Yr Shorr.temi rental assistance # of households assisted previously homeless O (those, the # of Chronically homeless households HOMELESS PREVEN'T'ION Total benefiting for Program Year # of persons that received emergency financial assistance to prevent homelessness # of persons that received legal assistance to prevent homelessness Page 7 of 12 12128/07 12:28 Pivt PART 9: Activity Status /Accomplishments Information. (complete this part for all types of activities) Activity Status (Circle One): 1. Cancel 2. Completed 3. Underway (An activity is considered to be completed when it meets the National Objective and after all the. funds are drawn) 2. Proposed Accomplishment Type: 3. Proposed #6f Accomplishment Units: 4. Actual Accomplishments Type: 5. Actual ## of Accomplishment unit/s. during the year: 6. Environmental Assessment Code: 7. Create Program Income? (Y/N): Accomplishment narrative for the Current Program Year (Please make sure that accomplishments during the current year are only included. Maximum 6 lines) By signing below 1, , verify.that the information in this report is accurate and appropriate records have been maintained. Prepared By: Date: Reviewed By.- Date: FOR OCED USE ONLY Verified for completeness and accuracy by: I Contract Officer: Date: Planner Date: CMM Section Supervisor: Date: Planning Section Supervisor: Date: I Division Director: Admin. Support Staff: rage 8 of 12. 12128/07 12 :28 PM Date: IRIS UPDATE t. SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report .must include only OCED funds. and expenditures covered by your organization's contract with OCED. This section, of the report covers fiscal activities from the beginning. of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved. OCED budget for your contracted activity.. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the. contract expenditures that OCED has reimbursed to your organization through the cut-off date of the report. ACTUAL. List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED, that your agency incurred through the cut =off date of the report, PROJECTED EXPENDITURES List all the expenditures that your organization anticipates will be FOR NEXT REPORTING incurred in the implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation. of the contracted. activities through OF CONTRACT PERIOD the .end of the contracted period. Page 9 of 12: 12/28/07 12:29 PIM v a U En 0 v W z F' `v W ra. o � CJ O F 7 ww M "'W�wzw UW W 014 a a�oa� x a U Q A w a x oa PON 'tea W G �W x w A W � Wa Wx w > a V O W U � Q • • 0 • • �I cu v 0 U bA P, 4A w v v tzA U td W N O i. Vj 41 'C U a 41 N U_ a .w 0 QJ 0 U cn O F? 4-. O N 0 M 0 a 9 P. H [V U. HUD SECTION 3'REPORT PART TI -IREE -- SUMMARY — Indicates the efforts made to direct the employment and other economic- opportunities .generated by HUD finaneial assistance for housing and community development programs;, to the ,greatest extent feasible, toward low —and very low;income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) ❑ Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations: and public or private agencies operating within the metropolitan area (or metropolitan country} in which the Section 3` covered program or project is located, or similar. 0 Participated in a HUD program or other program which promotes the training or employment of Section 3 Res, Idents. ❑ 'Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Cl Coordinated with Youth. build Programs in the metropolitan area in which the Section 3 covered project is located. El Other, describe below. Page I I of 12 12128707 12:23 PM SECTION IV: U.S. HUD SECTION 3 REPORT Economic Opportunities for Low Rc Very Low - Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR 1 2 3 4 (CIRCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE #: (SIGNATURE) PART ONE --- EMPLOYMENT & TRAINING — To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January 15. - JOB CATEGORY A E C D E F` G % B TO Total Total New % of New Total Total % of RACIAL/ETHNIC CODES 2 New Hires who Hires that Employee Employee 1 2 3 4 5 Hires .are are ' Trainee Employee Trainee White African Native Hispanic Asian or American (Total of Section 3 Section 3 Hours Trainee Hours Amen Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer. NON - tB /A) Hours Section 3 CONSTRUCTION Residents Workedj� by Section 3 Residents PROFESSIONAL TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER: TOTAL: PART TWO — SUBCONTRACTS AWARDED --- for goods and services associated witil this project.. TYPE OF A B C D CONTRACT Total $ Total $ % B TO NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIAL/ETHNIC IDENTIFICATION 1 2 3 4 5 6 Contracts Contracts Awarded Awarded to White African Native Hispanic Asian- Hasidic Section 3 American American American American Pacific Jew Businesses American CONSTRUCTION NON - CONSTRUCTION Page 12 of 12- Progress liepon 12l28il17 12:�8I'ht. ATTACHMENT D MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grantor loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part 1. AGENCY AND PROJECT DETAIL 1. indicate Funding Source: ❑ CDBG {❑ HOMELESS (SRO /SHP) 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: [� HOME ❑ HOPE VI ❑ EDI ❑ BEDI 5. Location Address with City, ST and Zip) of A tivity or Project: 6. Site Folio Number(s): 7. Commission Districts) 8. Direct Contact information of loan /arant recipient- Name: Address: City: S #ate: Zip: Phone: Fax: Form Revised 90112107 10. What is the purpose of the activity or project? 1 or example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, RehabiConstruction Completed, etc. Part 11. PROJECT OUTCOME Will the activity or oroieci result in the followina? YES NO 1. Change in use 2. Sub- surface alteration (i.e. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc, 6. Building improvements (windows, doors, etc.) 7. Displacement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition. % Activity in 100 -year floodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sews e,.etc: 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). Part pL SITE SPECIFIC INFORMATION 1. band Use: Describe the existing and proposed land use: tAst'ing? Proposed? 2. Site Plan: Does the proposed activity include:a new structures) or site improvements on a site of one (1) .acre or more? ❑ YES F1 N0 If yes, a site plan must be provided. Projects) will not be environmentally reviewed without a site plan. 3. Photographs: Does . the activity include new construction, renovation or rehabilitation? n YES 0 NO If yes., photographs must be provided of each ide (front, rear and sides) of the structures) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site; the following information: Existing structures) on site? F] YES EJ NO • Estimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES F] NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition, indicate if the estimated. value of the improvement represents: Q `0 to.39.9 percent of the market value of the structure(s) El 4t) to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5.. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? YES ❑ N0 If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the fast 50 years; researching environmental records for information on hazardous waste: sites, hazardous facilities, solid waste/landfill facilities aid. .'underground storage tanks (available through the Department of 'Environmental Regulations and. Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil, H,as a. Phase l been performed? [] YES ❑ NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES d NO If yes, please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: .Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County andlor City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned; and a photograph of the property. .4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part. V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the ©CED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court ,14th Floor Miami, Florida 33136 5 YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facility? 6. Storage of hazardous materials on site? 7. Abandoned structures on site? .Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County andlor City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned; and a photograph of the property. .4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part. V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the ©CED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court ,14th Floor Miami, Florida 33136 5 Type of Activit y EXEMPT* CENST** CEST*** EA**** Economic Development Notice /No Notice /No RROF (Na Statutory FONSI and New Canstruction RROF RROF Requirement Triggered) X Rehab. Xt X2 Non - Construction /Ex ansion X Publish NOI/RROF Housing (Statutory Requirement Single Family Rehab X Multi- Family Rehab - X1 :X2 New Construction .X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 X2 infrastructure ` X1 X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Thlggered Statutes Notice /No Notice /No RROF (Na Statutory FONSI and RROF RROF Requirement Triggered) NOURROF Or Publish NOI/RROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30 -45 :Days 30 -45 days 45-90 Days 90 Days Thlggered Statutes Minimum X' If for continued use and change in density (or size.) of less than 20% X2 Change in density (or size) of more than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 ** LEST Categorically' Excluded Subject to 58.5 * ` ** EA Environmental Assessment (Format 11) 6 ATTACHMENT F CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form 'LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at. all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100'.000) and that all subrecipients shall certify and disclose accordingly. " 4, This certification is A material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall .be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: VVI- (Sikinitureof Authorized Represent live) Print: . Gt o � tPr►vii �JVahhC S, 1'Y�C�Gtr�le (Print Name of Firm and Authorized Representative) Title! C-N N akl er' Date: _ 11/5/09 Project Name Project Cost Entity Miami- -Dade County Carlos Alvarez. Mayor Board of County Commissioners 4, 011 Bruno A..Barreiro Chairman Barbara J. Jordan Vice- ChairiYontan Barbara J. Jordan Katy Sorenson District I District .8 Dorrin D. Rolle. Dennis C. Moss District 2: District 9 Audrey Edmonson Sen. Javier D. Souto District ,3 District 10 Sally A..Heymau Job A. Martinez District 4 District 1.1 Bruno A. Barreiro Jose "Pepe" Diaz District S District 12 Rebeca Soso. Natacha Seijas District 6 District 13 Carlos A. Giynencz District 7 Tin >. Miami- Q e Counly 41011 Sian The sign (s) shall be made of 3/4 inch thick marine plywood, newly painted and lettered in accordance with :professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shalt be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion of the contract. Sign Suppor t The sign shalt be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 11x10' pressure treated timbers securely fastened to, the .rear of the sign and sunk A' below ,grade. Clearance from the bottom of the sign to the ground shall be 1% Harvey Ruvin Clerk of the Circuit and County Courts George M. Burgess County .Manager R. A. Cuevas, Jr. t"xa Cotrttty Attorney 2' �0�� Como MIAMI A` -DAD COMMUNITYAND ECONOMIC DEVELOPMENT �i.� �yn�� -c► Tin >. Miami- Q e Counly 41011 Sian The sign (s) shall be made of 3/4 inch thick marine plywood, newly painted and lettered in accordance with :professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shalt be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion of the contract. Sign Suppor t The sign shalt be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 11x10' pressure treated timbers securely fastened to, the .rear of the sign and sunk A' below ,grade. Clearance from the bottom of the sign to the ground shall be 1% PROFESSIONAL SERVICES AGREEMENT .T°L''TWEEN MIAMI DADE COUNTY, FLORIDA AND CONSULTANT FOR PROFESSIONAL SERVICES 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 WHE this Agreement has been qWd into gr this �` day of lod � in t he year two thousand and gr�, BY AND BETWEEN MIAMI- DADE CO , FLORIDA, a political subdivision of the State of Florida, acting by and through its of County Commissioners, hereinafter called the "County" or "Owner" and Corzo,_Castella, Carballo, Thompson, and Salman, P.A., hereinafter called the Consultant, for the following Project: Professional Services Agreement For Aquatic Facilities Development and Renovation Project No. A05- PARK -07 GOB 101 - 70045, 109- 70124, 110- 7012.59 108 -70123 (999999-05- 012)�� The County and the Consultant agree as follows: ARTICLE 1 - DEFINITIONS s ��a► -sue 1.01) BASIC SERVICES: Those professional services defined in Section 2.01. 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 Architect/Engineer who has entered into a contract with the Owner to provide professional services under this Agreement. The Consultant shall act as the Owner's representative 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: 1. South Dade Park — 16350 SW 2801h Street 2. Sergeant Joe Delancy Park — 14450 Boggs Drive 3. Goulds Park — 21805 SW 114`h Avenue 4. Naranja Park — 14150 SW 254`h 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 new 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. Page 2 of 41 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 I, II 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) + n'rsv) 06 .F_�7r05 o r- oA s-Ct tA o O't.00 • / qeW f?'AA S 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 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 /recommend 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 establish a Program consisting of a detailed listing of all functions= spaces and elements together with the square footage of each assignable space, gross square footage, and a description of the relationships between and among the principal programming 2.01.A.2) The Consultant shall prepare and present in writing, and-. if an oral... presentation, °`for approval 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, i bo% ,{G floor plans, elevations, sections and all other eleme_n1§ T required to show the scale and .relationship 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 may be single line diagrams. Page 3 of 41 Aquatic Facilities Development and Renovation A05- PARK -07 2.0I.A.2B) A simple perspective rendering or sketch, model or photograph thereof shall be provided if requested by the Owner to further 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 Schedule shall show the proposed completion date of each Phase of the Project: (1) 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.C). 2.01.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 individual 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 II will not be issued if the Statement of Page 4 of 41 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 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.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.B) Phase II = Design Development 2.01.B.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.B.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 II documents, to explain the design concept of their systems. 2.01.13.113) 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 2.01.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.B.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 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. 2.01.11.3) 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.C) 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 Page 6 of 41 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 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 recommended by the Construction Specifications Institute (CSI). The Project Manual at the 50% Construction Documents submittal shall include all sections of "Division 1 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.2Q Color boards, which shall show complete color selections for all finish materials. 2.01.C.2D) An updated Development Schedule showing the proposed completion date of each of the remaining Phases of the Project (Refer to Section 2.0l.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.2D). An authorization to. proceed with Phase N 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.C.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. Page 8 of 41 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.6B) 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 2.0 LA.2B) and proposed date of occupancy. 2.01.C.6F) An updated Statement of Probable Construction Costs (Refer to Section 2.0l.A.2C). 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. 2.01.C.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.C.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.C.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.C.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. 2.01.1)) Phase IV - Bidding and Award of Contract 2.01.D.1) Approval of Bid Documents and Printing: Upon obtaining all necessary approvals of the Construction Documents from authorities having jurisdiction, and acceptance by the Owner of the 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. 2.01.1).213) 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). 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 scope 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. 2.01.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, 2.0l.E.5C) Minor deviations, from the Contract Documents correctable prior to completion; 2.01.E.5D) 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. 2.01.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 Page 14 of 41 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, .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 Contractor submits a request for Change Order or Change Proposal Request, 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 defects 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 2.0l.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 Project. 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 furnish 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. 2.0I.E.14) The Consultant shall furnish 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 furnished on 11" x 17" sheets and in Auto CADD 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) Page 16 of 41 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) ADDITIONAL SERVICES 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 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 furnished in accordance with generally accepted architectural design practice. 2.03) REIMBURSABLE EXPENSES 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. 2.03.A.6) Other equipment or supplies, if specifically requested and authorized by the Owner. Page 18 of 41 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 will be paid from the allowance account referenced in Section 8.09M. ARTICLE 3 - SUBCONSULTANTS 3.01) DEFINITION 3.01.A) 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) SUBCONSULTANTS' RELATIONS 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: Surve _ng 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 Consulting Service: Firm Name: Consulting Service: 3.02.C) 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.D) 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 4.01) INFORMATION FURNISHED 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) PROJECT MANAGEMENT 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 payment to the Consultant. 4.02.B) 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. ARTICLE 5 - BASIS OF COMPENSATION 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.C) 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 full 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. This 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, AIA), (Ramon Castella, P. E.) 5.01.13) Fee for Design of Additive Alternates 5:01.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 5.01.F.1) The Consultant will be authorized an Additional Services fee for that amount computed by the method agreed upon under Article S.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) ADDITIONAL SERVICES FEE OR REIMBURSABLE EXPENSES 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. 5.02.11) 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 5.0l.B 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.B, 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. Page 23 of 41 Aquatic Facilities Development and Renovation A05- PARK -07 ARTICLE 6 - PAYMENTS TO THE CONSULTANT 6.01) PAYMENT FOR BASIC SERVICES 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 II (Design Development) 6.01.A.3) 40% upon completion and approval of Phase III (50% Documents) 6.01.A.4) 65% upon completion and approval of Phase III (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.C) 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.B or 5.01.C. 6.01.1)) 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. 6.02.11) 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. 6.01C) 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.D) 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. ARTICLE 7 - REUSE OF PLANS AND SPECIFICATIONS 7.01) SCOPE OF SERVICES 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. 7.01.13) The Consultant shall bind all Sub consultants to the Agreement requirements for re -use of plans and specifications. ARTICLE 8 - GENERAL PROVISIONS 8.01) INDEMNIFICATION AND HOLD HARMLESS 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 or 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. 8.02) ERRORS AND OMISSIONS 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. 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 look 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) INSURANCE 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 full term of this Agreement. 8.03.11) 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: Page 28 of 41 Aquatic Facilities Development and Renovation A05- PARK -07 8.03.D1) 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. 8.04) PERFORMANCE 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 performed 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.C) 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.C.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 the 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. 8.04.1) 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. 8.05) PROJECT SUSPENSION OR ABANDONMENT 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 other 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) TERMINATION OF AGREEMENT 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. 8.07) CONSULTANT'S ACCOUNTING RECORDS 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. 8.08) OWNERSHIP OF THE DOCUMENTS 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) COMPLIANCE WITH LAWS 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. 8.09.1) 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.C) 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 Supervisor 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) AFFIRMATIVE ACTION 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. 8.09.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 AND 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 OIG, the Page 32 of 41 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 well 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 provisions in this section in all ' subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. 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. 8.09.G) A ,Y,INfP'UB"" UC`PLACES 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.H 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.I 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. 8.09.J Utilization Report (UR): Pursuant to Administrative Order (A.O.) 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, 111 NW 15` Street, 19`h Floor, Miami, Florida, 33128, in the format attached hereto as Exhibits "A" titled "Utilization Report — Miami -Dade County Work ". 8.09.K 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 I A 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) MISCELLANEOUS PROVISIONS 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 for 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 /or 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. 8.10.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. 8.11) SUCCESSORS AND ASSIGNS 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. Page 38 of 41 Aquatic Facilities Development and Renovation A05- PARK -07 WHEN THE CONSULTANT IS A CORPORATION Attest: Secretary: co zo�„,1'cc��— nirx�psuNS�M -r-+r� Signat - Legal f Corporation By:olT' Legat Name : atun� (Corporate Seal) Legal Name and Title WHEN THE CONSULTANT IS AN INDIVIDUAL Attest: Witness: Signature Signature: Witness: Signature Signature: Page 39 of 41 Aquatic Facilities Development and Renovation A05- PARK -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: WHEN THE CONSULTANT IS A PARTNERSHIP Attest: Witness: Witness: Signature Signature (Seal) Page 40 of 41 Legal Name of Firm By: Signature Legal Name of Partnership By: Signature Legal Name and Title By: Signature Legal Name and Title By: Signature Aquatic Facilities Development and Renovation A05- PARK -07 MIAMI -DADE COUNTY, FLORIDA Approved as to Insurance Requirements: Approved as to Form and Legal Sufficiency: Risk Management Division Assistant County Attorney Date: 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. K, JAH Y'jN�Cii. iDtlV7Y. �t� n HARVEY RUVIN Clerk of the Court of the Board Date: `� �7Z% 7 Qi 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 Murray 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 Reference given by: Name & Title Maggie Tawil, Div. Chief, Miami -Dade Address: County Parks & Rec. City /St/Zip Telephone Date 305- 755 -7932 08/26 -08 Reference check conducted by: Name: Jose Olivo, P.E. City of South Miami, Public Works If you have any question about this form, please call (305)663 -6350. 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: Name & Title Maggie Tawil, Div. Chief, Miami -Dade Address: County Parks & Rec. City /St/Zip Telephone Date 305- 755 -7932 08/26 -08 Reference check conducted by: Name: Jose Olivo, P.E. 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O O (D LO U M 69 c loc O 25 1 0 LL C LO 0) CnD r 69 ~ Q C _N O .V p V% c t N O 0 tD LO CD CD W N 69 cc ~ _ ¢ W D p ¢a _ o 'c N O N 00 0o N Za) aY"i c V% � M R Q L d) Q W U d O c N O O O n` m O co (ND Cl) CO N c is N d CL 'C O o .v N N. N N N O O N L CL U i» JIM o59J7 o °) N m o M co U) w ¢ 0 0 m co Cl? = In LO G o H m ' C w O 0 (a o W o, � O c 'D c C U U C •� d N CO m C (Ca O v p m o 3: is m N c m w Fo cm in .2 c7 C5 7 d O O c � a E d O. O N J Ooi J LL N. O F U ii U as () U N a) N T U t=`1 a v t d O 3 �_ U 'NO c6 w a) .-. aNi Q Cdi D u) W O > (C6 Q O (fin c 7 c0 (U (°) Q 2 U d U J Q U U LL d C! Z N M -;t (n (D r" CO O O C f7 O p O O O O O O O O O V rn U a U co co co co co co co co m ri co C6 M d a DREAM. PLAN. PJL +A \Y -ARCHITECTS 19 -ENGINEERS PLANNER Q PUBLIC RELATION 1 411�4' - 14 1 kN4 �� •� Founded , in 1988, Corzo Castella Carballo Thompson Salman, P.A. (C3TS) is a full - service, multi - disciplined Architectural & Engineering firm 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 C3TS 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 excellence. 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 limited to the US market. C3TS 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. C3TS'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 solutions. 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 C3TS' proven track record of consistent on -time and within- budget project delivery. ' Our philosophy is to create and ma.intain a professional and attentive relationship with our clients, focusing equally on their needs as on their project's solutions. C3TS is committed to excellence in providing professional design services resulting in complete solutions for our clients. This results in over 90% of our workload coming from existing and past clients. Principals Jorge E. Corzo, PE Ramon Castella, PE Robert T. Carballo, PE LeRoy E. Thompson, PhD, PE Javier F. Salman, AIA Principal Associates Terrance N. Glunt, PE Jeffrey S. Crews, PE Carlos M. Herdocia, PE Walfrido J. Pevida, Jr., PE Associates Xavier Arroyo, PE Silvia M. Beltre, PE Diana Sudasassi Bilbao, PE Victoria Carballo Rodney Carrero- Santana, PE, GC Sean Compel, PE Ernesto Fabregas, PE Elizabeth T. Fernandez William K. Francis, PE Daniel Grandal, PE Desir Jacques, PE Patrick Leung, PE Juan Restrepo, PE Matilde Reyes, RA Rodrigo O. Rodriguez, PE Hector Seiglie, PE Manuel Solaun, PE Joseph Veiguela Municipal Clients City of Coconut Creek City of Coral Gables City of Coral Springs City of Ft. Lauderdale City of Hialeah City of Hialeah Gardens City of Lauderhill City of Margate City of Miami City of Miami Beach City of North Miami City of North Miami Beach City of Opa -locka City of Palm Beach Gardens City of Panama City City of Pembroke Pines City of Plantation City of South Miami City of West Miami Town of Bay Harbor Islands Town of Davie Town of Medley Village of El Portal Village of Key Biscayne County Clients Broward County Aviation Department Broward County Parks & Recreation Miami -Dade Aviation Department Miami -Dade Parks & Recreation Miami -Dade Public Health Trust Miami -Dade Public School Board Miami -Dade Public Works Palm Beach County Palm Beach Countv School Board N�,)1 •.I I� r 1 r c vt. 5 MUNICIPAL ENGINEERING SERVICES Sewers & Pump Stations Water Supply Systems & Distribution d` Drainage & Stormwater Management Five Year Capital Improvement Plans Strategic Planning & Budgeting Funding Program Consultation Utility Rate Studies Municipal Facility Designs Grant & SRF Loan Applications Annexation Procedures & Studies Comprehensive Plan Amendments Evaluation & Appraisal Reports Land Development Codes Zoning & Redevelopment Studies City Mapping Plan Review Services Utility Design, Studies & Atlases Recreational Facilities & Lighting Parking Facility Utilization Studies ARCHITECTURAL DESIGN Computer Facilities Aviation Facilities & Master Planning FIS Airport Facilities Educational Facilities Governmental Facilities Parks & Recreational Facilities Space Planning & Interior Design Historical Preservation SITE DEVELOPMENT FN Economic Feasibility Studies Facility & Land Planning Water Management Studies Water Distribution Systems 3TS STRUCTURAL ENGINEERING Bridge Design Forensic Engineering Building Structures Industrial Structures Rehabilitation of Structures ENVIRONMENTAL ENGINEERING Water Treatment Facilities Septic Systems & Disposal Environmental Permitting Mitigation Studies & Plans HIGHWAY ENGINEERING Arterial, Collector & Local Roads Signalization Plans Traffic Engineering Studies Hydrology & Hydraulics Studies COASTAL ENGINEERING Public & Private Marinas Bulkhead & Seawall Rehabilitation Beach Reconstruction Commercial & Retail Facilities Seaport Facilities & Terminals Industrial Facilities Feasibility Studies Urban & Master Planning ADA Compliance Studies Contract Administration & Purchasing Environmental Permitting Grading, Paving & Drainage Design Canal & Retention Basin Design Wastewater Collection Systems Regional Impact Statements (D.R.I.) Bridge Maintenance & Inspection Bridge Rehabilitation Foundation Design Waterfront Structures Waste Treatment Facilities Solid Waste Incinerators & Landfills Site Assessments & Remediation Plans Stormwater Pollution Prevention Plans Pavement Markings & Signing Plans Street Lighting Plans Route Selection & Corridor Studies PD &E Studies Wind & Wave Studies Ship Repair & Storage Facilities Erosion Control PROJECT & CONSTRUCTION SERVICES Highway & Bridge - C.E.I. Land Development Construction Threshold Building Inspections Materials Testing Value Engineering Constructability Reviews Design /Build Engineering Services Geotechnical Engineering Architects - Enaineers - Planners - Public Relations 1 I' r j W ~ r'a'y: -y�� t'�rR�•t�r.� J F'�''.!`;CSA�,,�.,4 ? i - •. MS �«�'1�' . t Iy,�, .'�� l� .:�` i •fir' �� 'S • ♦. r. !.� Selected Projects I5r. T ICZ Rye, , +�J y PIRIP F JQU4V 3 ok Iva Or 7 IF AW �wu GRAPELAND PARK Miami, Florida 7� . . . . . . CB SMITH PARK Pembroke Pines, Florida r'�} .,=s J.�'s�'�ef Er '6+ tt; N' y °.° .�y"`, "au'� Y` >• �� xC � `h il1`•LAhvii�. '.. ` y ]� •mr�� c ,,�;•,� - ._.. �� . :o r lr , 1. _ e 1i .i - c � '.. =a�.� � - . , ' •-tip• ►a r;_ ''��' - _ Y't�tl�,t ,•�• � � - � sf .� t '.G-�t tGs., �,' c 'z.1� ry-{ _ � .,. �- e�� ,�•,,' �� { S .. a `'�S''#•*- °cis. _ ��',*4njJ�i�s'4s�F,t�'�r?:i� t]tl` ?t �.i�� `'`'r. -.� •��' i f. ti'•- ,�_• �i- �`Z'�"., .,� .. �,•. ;''$ j �'ICNC��'�stW"� 't:L�fr' •i �� ,� {— .y. R -- rry �t .� S 1 u atr L 1 =t r t E t I..�f1:`:#..1i: -.i? -: �" � j"=-- �•�..� � _'< AR a t, +'.1" t Cy y �' z„ : >'.� '+ Vii'. - j, t i � III F♦i � kt ~zs.l - =' x,�t : wig „ta.__.._..,...ai_:trrS1L- �...'� :�a � .r. '..A .�� - _ -:.i'. ^d�'.6 .. v.'1 5 ♦ ..... .., .. .. .... .cf '.^ ],. �'li•j'•;' "';Ili t , Ki _j p •� f�• 1 Cdr "r ! - `� '�II�II .. • � SNII4' —y tAC06N t 1, 1! ?ill !7i er av iti • t, r, p��pr��eaa••FF•� �k`.}� E`_Yf ah G p_� P� f�,»s, � 3 p- � tt i ��5.,]crw.r3i•�."� r X a. � - mss- r� t _x^�.'aPa- d�_72._: b'E*`o'1�.. . �.: �t r, 1 ly L 5Y 181° I CHS QUATIC CENTER Key Largo, Florida .. _,.. 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 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 of desilting ponds prior • to discharge into pristine Florida 4 waters. oil Architects • Engineers • Plonners The Community Park Aquatic project involved the expansion of an outdated pool complex into a state -of- the -art competition aquatic facility. A new 50 -meter x 25 -yard 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 learn -to -swim instruction. The existing T- shaped pool was renovated to provide additional space for recreational and instructional activities. A support building included restrooms, locker rooms, concession, lifeguard break room, ticketing window, office, and equipment room. t •I avK 3TS OTS was selected to provide planning, design and permitting services for a municipal aquatics complex for the City of Pompano Beach. OTS 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, restrooms with 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. • Engineers • Plonners • Public Relotions C3TS 'EM OTS 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, C3TS designed a two -story baseball pavilion which offers a snack bar /concession area and an announcer's booth and a one -story football pavilion which provides players with restrooms, weigh -in room, storage and 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. 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, OTS designed a 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 . >a - `1 1 `. .k rat UTS C ►kl VA A1111 ,F y One of the most complex and specialized design features in any recreational facility is that of a pool. or water theme play area. As the prime consultant for the Plantation Aquatic Center expansion program, C3TS prepared the master plan, site work plans and the pool, and hydro -play plans for the City of Plantation. The construction cost was $1,000,000 and included a 25 yard by 50 meter Myrtha competition pool, a Gadgets and Gizmos zero depth hydro -play area, a new bath house, pump room, in- ground electric pool heaters, maintenance road, drainage and underground utilities and site lighting. Included in the project were provisions to allow the existing pool to remain functional during construction. C3TS is acutely' aware of the special considerations required for permitting of pool projects with both state and county agencies. This project, located within a protected well field area, had complex permit requirements for the pool, hydro -play area, bath house structure and site work. LI Mt 1 F s OTS has provided the Village of Wellington design services for four separate design /build projects in a three year period of time. The pool was completely renovated using the Myrtha system. Separate projects renovated the upper and lower j levels of the existing building into village council chambers and community center facilities. The lower level contains wrestling and aerobic rooms as well as six meeting rooms of various seating capacity. Restroom facilities were updated to meet ADA requirements and a kitchen was added. HTS Architects • Enaineers • Planners St t s t :s t .. 4 "I IVI t$.yts S�>,y�41 3M!� ;�^ f\ i 1 �g�- y D lut a tc wl lau ut-uut I ul al t Icw lji au c ak.uvc- Naaalvc pal r, 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 restoration, and all associated parking and roadways. On site utilities were designed to handle water, sewer and fire protection for three buildings and drainage was designed to handle runoff from the fields as well as the parking lots to mitigate pollution into the lake. Wells were installed to handle 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. • Emineets • Planners • Public Relations PHILLIPS PARK Coral Gables, Florida �wr�` � - �f ry7i i�rt r %'+i- f �_ � tP - r. ✓ //. A• -ri-�' \ � � `,c rte- e� - `✓ . \�: • �7 4' f �� -' � � - - i � X11 ,. 'P �SI��`� 'te i'.F�•:w= '��E3�cf,r % �_�e .�1 e- .. ' - _ f r'��..� _ �` _� __ l�� Y'= -c'. %• '� •$f: -'ct . A:��1+.19P �'1 •T �Xe!' "- a'�..- ..ins".' - " � ' 1 � A. 3✓-= ✓tom V^'- _ � -, L y: � < ��{�t�!r ..x'� ��. .. _ ♦_ ',� f ?' '•:`'�:� �;,�.- r F; _ fir; ='• - . "f, �,= r —•6x Y� -tie �. _ r a Aka �rl _�� RSV -�� `-n— ,- �C ±S- '�_•.« - . -` - .. - - -. ;may- e ^• - , vc� tF, :C Vt 1 ti �ti�I r �r . w,> i Y ti �i I In I � Tu. Nt `. 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 style 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. OTS has been active in both the design -build arena and as direct professional consultants for parks and recreational facilities throughout Dade and Broward Counties. .a� OF C31S l* OTS was selected as the prime consultant for master planning, design and permitting for this community park in Marathon in the Florida Keys. The park included soccer fields, an outdoor covered amphitheatre, restroom 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 a combination of trench drain and dry retention in order to prevent runoff from entering the adjacent environmentally sensitive mangrove areas. Architects • Enaineers • Planners • Public Relafiom I� .I 'dl �F ` �wt OTS was selected to design this new 15 -acre complex that includes two synthetic turf FIFA soccer fields; tennis courts; basketball courts; bocce and other lawn sports venues; tournament sand volleyball courts; a community center; picnic pavilions; ADA playgrounds; paths with fitness stations; lighting; asphalt parking areas; and a covered drop off for students accessing the adjacent school property. OTS had to develop a program to facilitate the removal of trash and debris from the site which had been established as a class III landfill prior to development as a park. The covered student drop off 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. Also included were bleachers established on both sides of each field for tournament play. w� ! � � o� �� ,lowmemo ' [3TSwas selected for the renovations to an existing six-acre park which included the complete reconfiguration of two baseball fields, two football fields and all associated pathways and plazas. The football fields were replaced with synthetic turf fields complete with an underdnain system that allows the fields to be played on within an hour after a major rain event. ln addition, the project included anADA accessible playground with shade structures, a picnic shelter, paths with fitness stations, lighting and installation of a drainage system to upgrade the property. Included in the design was the removal ofa substantial quantity of muck which covered the entire site to a depth of about five feet. Permitting also included an approval by South Florida Water Management to allow installation of some park elements within an existing easement located on the property. NORTH COMMUNITY PARIS y Coral Sprinos, Florida dam �Y .� i k� k +' { �s•�p . �� pr�� ';'- vim, v x 5 ari fi , i ,1ryy „y= .a.._ xm 1 _ b X y y�x .! �� g•��igv��fiy�'�� €- �d�t {.c �aS�i �� , n��Kt,. r � j t 0 z V" I H Designed to be located at the heads of the major east /west streets where they intersect the beach, these restroom and concession facilities were designed through the Arts in Public Places Committees requirements to expend funds at these locations. OTS was extremely proud to have been selected, together with Tran 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 program. 0 Founded in 1988, Corzo Castella Carballo Thompson Salman, P.A. (C3TS) is a full - service, multi - disciplined Architectural & Engineering firm 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 C3TS 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 excellence. 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 limited to the US market. C3TS 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. C3TS'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 solutions. 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 C3TS' proven track record of 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. C3TS is committed to excellence in providing professional design services resulting in complete solutions for our clients. This results in over 90% of our workload coming from existing and past clients. Principals Jorge E. Corzo, PE Ramon Castella, PE Robert T. Carballo, PE LeRoy E. Thompson, PhD, PE Javier F. Salman, AIA Principal Associates Terrance N. Glunt, PE Jeffrey S. Crews, PE Carlos M. Herdocia, PE Walfrido J. Pevida, Jr., PE Associates Xavier Arroyo, PE Silvia M. Beltre, PE Diana Sudasassi Bilbao, PE Victoria Carballo Rodney Carrero- Santana, PE, GC Sean Compel, PE Ernesto Fabregas, PE Elizabeth T. Fernandez William K. Francis, PE Daniel Grandal, PE Desir Jacques, PE Patrick Leung, PE Juan Restrepo, PE Matilde Reyes, RA Rodrigo O. Rodriguez, PE Hector Seiglie, PE Manuel Solaun, PE Joseph Veiguela Municipal Clients City of Coconut Creek City of Coral Gables City of Coral Springs City of Ft. Lauderdale City of Hialeah City of Hialeah Gardens City of Lauderhill City of Margate City of Miami City of Miami Beach City of North Miami City of North Miami Beach City of Opa -locka City of Palm Beach Gardens City of Panama City City of Pembroke Pines City of West Miami Town of Bay Harbor Islands Town of Davie Town of Medley Village of El Portal Village of Key Biscayne County Clients Broward County Aviation Department Broward County Parks & Recreation Miami -Dade Aviation Department Miami -Dade Parks & Recreation Miami -Dade Public Health Trust Miami -Dade Public School Board Miami -Dade Public Works Palm Beach County Palm Beach Countv School Board MUNICIPAL ENGINEERING SERVICES Sewers & Pump Stations Drainage & Stormwater Management Strategic Planning & Budgeting Utility Rate Studies Grant & SRF Loan Applications Comprehensive Plan Amendments Land Development Codes City Mapping Utility Design, Studies & Atlases Parking Facility Utilization Studies Water Supply Systems & Distribution Five Year Capital Improvement Plans Funding Program Consultation Municipal Facility Designs Annexation Procedures & Studies Evaluation & Appraisal Reports Zoning & Redevelopment Studies Plan Review Services Recreational Facilities & Lighting ARCHITECTURAL DESIGN Computer Facilities Aviation Facilities & Master Planning Commercial & Retail Facilities FIS Airport Facilities Seaport Facilities & Terminals Educational Facilities Industrial Facilities Governmental Facilities Feasibility Studies Parks & Recreational Facilities Urban & Master Planning Space Planning Interior_ Design ADA°C e omplianc Studies Historical Preservation Contract Administration & Purchasing SITE DEVELOPMENT Economic Feasibility Studies Facility & Land Planning Water Management Studies Water Distribution Systems Pump Station Designs STRUCTURAL ENGINEERING Bridge Design Forensic Engineering Building Structures Industrial Structures Rehabilitation of Structures ENVIRONMENTAL ENGINEERING Water Treatment Facilities Septic Systems & Disposal Environmental Permitting Mitigation Studies & Plans HIGHWAY ENGINEERING Arterial, Collector & Local Roads Signalization Plans Traffic Engineering Studies Hydrology & Hydraulics Studies COASTAL ENGINEERING Public & Private Marinas Bulkhead & Seawall Rehabilitation Beach Reconstruction Environmental Permitting Grading, Paving & Drainage Design " Canal & Retention Basin Design Wastewater Collection Systems Regional Impact Statements (D.R.I.) Bridge Maintenance & Inspection Bridge Rehabilitation Foundation Design Waterfront Structures Waste Treatment Facilities Solid Waste Incinerators & Landfills Site Assessments & Remediation Plans Stormwater Pollution Prevention Plans Pavement Markings & Signing Plans Street Lighting Plans Route Selection & Corridor Studies PD &E Studies Wind & Wave Studies - Ship Repair & Storage Facilities Erosion Control PROJECT & CONSTRUCTION SERVICES Highway & Bridge - C.E.I. Land Development Construction Threshold Building Inspections Materials Testing Value Engineering Constructability Reviews Design /Build Engineering Services Geotechnical Engineering C31SMArchltects • Enalneers • Planners + 7' F • mac.... �� 'r�ir �• r S- cted Projects it I • -, Jj w•-sr , w. ( t C3TS B OTS was selected to do 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 -seat community activity and banquet facility, as well as a state -of- the -art baseball tournament complex. The needs for access and parking 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 Grapeland Park, located adjacent to a densely populated urban neighborhood, will be able to accommodate both multi -modal transportation access and all required parking. . Fnn1- . Pinn M . As a consultant for "Paradise Cove" at CB Smith Park in Broward County, C3TS prepared the master plan and engineering construction documents for a $6.35 million aquatic theme park. The project, which serves approximately 1,500 people per day, consisted of two large water activity playgrounds, a lazy river (inner tube) ride, and the rehabilitation of the existing fiberglass flume ride. The project also involved a new remote concession building as well as renovation of the existing bathhouse. Construction for this water park was completed within nine months on a fast - tracked schedule. Architects • Enaineers • Planners • Public Relations A 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 toilets and locker facilities, offices, snack bar, elevator, aerobic i 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 of desilting ponds prior to discharge into pristine Florida +! p waters. C3TS • Fmtn — m • vinnr -m C AI �/ . f� j —irk' •� 4 _. i .. -.. LI I141111GRlE, �?��i� [ pLiz xq- A 'r The- Community Park_A_.quatic project involved the expansion of an outdated pool complex into a state -of- the -art competition aquatic facility. A new 50 -meter x 25 -yard 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 learn -to -swim instruction. The existing T- shaped pool was renovated to provide additional space for recreational and instructional activities. A support building included restrooms, locker rooms, concession, lifeguard break room, ticketing window, office, and equipment room. TSArchitects • Enolneers • Plonners • Public Relations OTS was selected to provide planning, design and permitting services for a municipal aquatics complex for the City of Pompano Beach. OTS 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, restrooms with 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. C3 T S Architects • Engineers • Planners • Public Relations " Jill, rn� k �I HT OTS 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, OTS designed a two -story baseball pavilion which offers a snack bar /concession area and an announcer's booth and a one -story football pavilion which provides players with restrooms, weigh -in room, storage and 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. 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, OTS designed a 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 . • Enalneers • Planners • Public Relations PLANTATION AQUATIC CENTER Plantation, • •• 0 Yr One of the most complex and specialized design features in any recreational facility is that of a pool or water theme play area. As the prime consultant for the Plantation Aquatic Center expansion program, C3TS 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 Myrtha competition pool, a Gadgets and Gizmos zero depth hydro -play area, a new bath house, pump room, in- ground electric pool heaters, maintenance road g g ,drains a and underground utilities and site • ��. r ...`°"�' 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. 1 C3TS Archttecis •Engineers • Planners •Public Relations 1- F W A OR 5i, $r gkh l f OTS has provided the Village of Wellington design services for four separate design /build projects in a three year period u` 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. Restroom facilities were updated to meet ADA requirements and a kitchen was added. HTS INEEM c iii TS IUF Lilt LUIISLfULLIUII UI Cl IICW 1J/ dLlt dLLIVC-PdbblVC PdfK 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 restoration, and all associated parking and roadways. On site utilities were designed to handle water, sewer and fire protection for three buildings and drainage was designed to I handle runoff from the fields as well as the parking lots to I mitigate pollution into the lake. Wells were installed to handle 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. Afchlfects • Engineers c iii TS IUF Lilt LUIISLfULLIUII UI Cl IICW 1J/ dLlt dLLIVC-PdbblVC PdfK 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 restoration, and all associated parking and roadways. On site utilities were designed to handle water, sewer and fire protection for three buildings and drainage was designed to I handle runoff from the fields as well as the parking lots to I mitigate pollution into the lake. Wells were installed to handle 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. Afchlfects • Engineers PHILLIPS PARK Coral Gables, Florida ��'�' •�.' "fix: „�,s�• «',~� ?f• � `_;;. � _ �, /`� ' . "� �]. ?fi'� �- � } 11 ` 1 f ° ' ! � � - ��.�• � !!i %iii - . • �. �'• t ,,S '! r i� -`'y„ X57 f( Y- % i ! •(`��t� s,{ �,�a. w. 4!_�"�_ �- � t a q.,• r� - �u �i'� ,', r - Ay ;� ��' ` .. _,.ee, �.`.'� ��.:- �F1;YCF.• �..+' �s -�: Y,- ;, - � �. ti x�f�3� \ ::' .' +f'N�`'�t�',*�•f + - ; c sir. 1{ Tj .,1 ��_ -.�! ' `"f i, �tJy,; � �+ _ � r �,`��>��1 .`2�P ,i �+ �r�[+ ±:•�w:.•� ,,� `. -�'� _ � � L7 14\� etc ' :.t I�°,w,�,;�r "�9ic�', �lej!!�•ii�� tT�, .,.,a,� , � � �..Jl •f� _ - � (. •��I is � � ^1 '.+�A i • f i .��A ' � �..,. -�, -� - — ' r. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I .. .4 UT J "i""I� As the prime consultant for the design -build team, C3TS 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 style 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. OTS has been active in both the design -build arena and as direct professional consultants for parks and recreational facilities throughout Dade and Broward Counties. • Enaineers • Plonners • Public Relotions _ 4 f� OTS was selected as the prime, consultant for master planning, design and permitting for this community park in Marathon in the Florida Keys. The park included soccer fields, an outdoor covered amphitheatre, restroom 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 a combination of trench drain and dry retention in order to prevent runoff from entering the adjacent environmentally sensitive mangrove areas. . r Y� f� OTS was selected as the prime, consultant for master planning, design and permitting for this community park in Marathon in the Florida Keys. The park included soccer fields, an outdoor covered amphitheatre, restroom 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 a combination of trench drain and dry retention in order to prevent runoff from entering the adjacent environmentally sensitive mangrove areas. 1 1 DDORAL PARK oral, Florida I '.. �Ill�llrl I i 1jyl �l l 11 i.1 1 ifl I�� I ORn1J1 '�11111i1ipli��l�lhlii�t�.�� Il�li� - - � - - _ " • � >r - - �- rte- ....•y ��-•{ . � _1 -e . ipc7 _ OTS was selected to design this new 15 -acre complex that _ includes two synthetic turf FIFA soccer fields; tennis courts; 1 basketball courts; bocce and other lawn sports venues; tournament sand volleyball courts; a community center; picnic pavilions; ADA playgrounds; paths with fitness stations; lighting; asphalt parking areas; and a covered drop off for students accessing the adjacent school properly. OTS had to c develop a program to facilitate the removal of trash and debris from the site which had been established as a class III landfill 1 — I• .1 prior to development as a park. The covered student drop off 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. Also included were bleachers established on both sides of each field for tournament play. t -- 1 Architects • Engineers • Planners • Public Relations 1 Ir 11 1 1 1 1 1 1; 1� 1 1 1 1 l i' 1 1 3TS zgp OTS was selected for the renovations to an existing six -acre park which included the complete reconfiguration of two baseball fields, two football fields and all associated pathways and plazas. The football fields were replaced with synthetic turf fields complete with an underdrain system that allows the fields to be played on within an hour after a major rain event. In addition, the project included an ADA accessible playground with shade structures, a picnic shelter, paths with fitness stations, lighting and installation of a drainage system to upgrade the property. Included in the design was the removal of a substantial quantity of muck which covered the entire site to a depth of about five feet. Permitting also included an approval by South Florida Water Management to allow installation of some park elements within an existing easement located on the property. Architects • Enolneers • Plonners • Public Relations I [I t OTS 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 Park for the City of Coral Springs. This park is a 36 -acre, full recreational complex with amenities such as a clubhouse, baseball, soccer, football and softball fields, batting cages, basketball, volleyball and tennis courts, pavilions, and tot lots. OTS provided civil, structural, ' and architectural design, as well as drainage modifications, landscaping and permitting. Timeframe from NTP for design to completion of construction was nine months. n 11 11 C3 T S Architects - Engineers • Planners • Public Relations 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GUS Designed-to-be-located-at-the-bead - s of the major east /west streets where they intersect the beach, these restroom and concession facilities were designed through the Arts in Public Places Committees requirements to expend funds at these locations. OTS was extremely proud to have been selected, together with Tran 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 program. Arch"ects • Enalneers • Planners