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CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega, V DATE: 5/4/22 HLI ; City Manager Request for Late Placement — May 26, 2022 CC Office of the City Manager Agenda Digitally signed by SUBJECT. Brickell Bay Drive, Project 40-B193802 Badia, Hector PSA Resolution for Amendment No.1 to RFQ Date: 2022.05.05 18-19-042 "= 16:58:43-04'00' FROM: Hector Badia Interim Director Office of Capital Improvements The Office of Capital Improvements respectfully requests that the attached Resolution be considered for late placement on the City Commission Meeting for May 26, 2022. JUSTIFICATION This item did not meet the Agenda Office deadline of April 19th, due to time needed to resolve funding issues and contract increase of converting the Design Criteria Package related agreement to a Professional Services Agreement for construction administration services and construction documents prior to the resolution. It is imperative this item be placed on the May 26, 2022 City Commission Agenda because Appropriations are also scheduled to be heard and the attached resolution authorizes an increase of one million five hundred thirty-four thousand seven hundred fifty-three dollars ($1.,543,753.00) to the original award of one million three hundred thirty-one thousand dollars ($1,331,000.00) for a total not to exceed amount of two million eight hundred sixty- five thousand seven hundred fifty three dollars ($2,865,753) for the amended Professional Services Agreement with Tetra Tech, Inc. for 100% construction administration and documents must be heard as soon as possible. Rescheduling this item for future meeting date could jeopardize ongoing vital construction and maintenance of infrastructure and safety projects. City Commission adoption of the attached resolution is a prerequisite to approving the amended Professional Services Agreement with Tetra Tech, Inc. If the attached resolution is not scheduled for the May 26th hearing the approval of the amended Professional Services Agreement could be delayed indefinitely possibly leading to funding shortfalls and subsequent delays or complete work stoppages of vital infrastructure and safety projects. BACKGROUND On August 27, 2019, the Department of Procurement ("Procurement") issued RFQ No. 18-19-042, underfulland open competition, to procure design criteria package -related professional engineering services for the Brickell Bay Drive Improvements Project. On October 22, 2019, seven (7) proposals were received by the Office of the City Clerk in response to the RFQ. Subsequently, two (2) proposals were found to be non -responsive to the Minimum Requirements of the RFQ, after Procurement completed its due diligence effort. Later, on December 9, 2019, and on January 16, 2020, an Evaluation Committee met and completed the Steps 1 and 2 evaluations of the remaining five (5) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ. On February 2, 2020, a Negotiation Committee appointed by the City Manager met and conducted negotiations through September 1, 2020, finding Tetra Tech to be the top ranked responsive and responsible Proposer. Subsequently, it was determined to be in the best interest of the City to retain Tetra Tech to further provide professional services beyond the scope of its original design criteria package -related agreement, up to and including one hundred percent (100%) construction documents and construction administration services. As a result, successful negotiations have been held between the City and Tetra Tech to define the level of effort and the cost associated to turn the original thirty percent (30%) construction documents into one hundred percent (100%) construction documents. Therefore, the City Manager requests authorization to execute an Amendment to Tetra Tech's agreement, increasingthe original not -to -exceed project compensation amount by a not -to -exceed amount of one million five hundred thirty-four thousand seven hundred fifty-three ($1,534,753.00), thereby increasing the original not- to -exceed project compensation amount from one million three hundred thirty-one ($1,331,000.00) to the amended not -to -exceed project compensation amount of two million eight hundred sixty- five thousand seven hundred fifty-three ($2,865,753.00), for additional services associated with the completion of one hundred percent (100%) construction documents for the project, originally awarded as"a design criteria package equivalent to thirty percent (30%) construction documents, as shown in Attachment 'A" on a phased basis. Approved: Arthur Norie a, V City Manager OTETRA TECH November 19, 2021 Angel Carrasquillo, P.E. Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8t" Floor Miami, FL 33130 Subject: City of Miami — Design Criteria Professional for Brickell Bay Drive Improvements RFQ No. 18-19-042 B-193802 Final Design Fee Proposal Dear Mr. Carrasquillo: Tetra Tech, Inc. is pleased to provide this proposal to provide the services identified below for the project entitled "Brickell Bay Drive Improvements", pursuant to the Professional Service Agreement with the City of Miami for Design Criteria Professional for Brickell Bay Drive (RFQ No. 18-19-042), dated December 3, 2020. 1. GENERAL The City of Miami (City) is revitalizing, renewing, and enhancing its waterfront on Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. The City will be implementing its vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Creating a long-term stewardship structure that protects and enhances quality of life and public and private investments is essential to keeping the Brickell Bay Drive waterfront area a functional, long-term resilient and adaptable asset. On December 30, 2020, Tetra Tech enter into Agreement RFQ 18-19-042— Design Criteria Professional for Brickell Bay Drive Improvements, with the City to provide comprehensive civil engineering and design services necessary to complete the Design Criteria Package for the Brickell Bay Drive Improvements project (the "Project"). The agreement included two phases. On March 3, 2021, Tetra Tech received Notice to Proceed (NTP) for Phase I. See Attachment A. On August 3, 2021, the City provided Tetra Tech a notification indicating the City's desire to modify the existing project approach to now provide interdisciplinary services to complete the Project as design -bid -build. The modified approach will include services for preparation of final signed and sealed design documents, regulatory permitting, bidding, and construction administration. This request was the result of the procurement requirements from the Federal Emergency Management Agency (FEMA) to provide funding for the construction of the project. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 2 of 28 Table 1. Original Contract and Revised Amounts Task Phase I Original Amount Amount A2.03 Coordination Meetings & Presentations $30,004.44 $30,004.44 1 A2.04 Vision Statement Goals Objectives $20,000.00 $20,000.00 1 A2.05 Civil Engineering and Design Services $200,623.71 $200,623.71 1 A2.06 Adaptation Planning $143,462.01 $143,462.01 1 A2.07 Real Estate Impact Assessment $61,085.25 $61,085.25 1 A2.08 Design Alternative Analysis $173,824.32 $173,824.32 1 A2.09 Design Criteria / Guidelines $64,632.18 $0.00 5 A2.10 Public Engagement $14,067.32 $14,067.32 1 A2.11 Design and Engineering (DCP, 30% Plans and Specifications) $144,400.77 $144,400.77 1 A2.12 Cultural Assessments Services (NTE Allowance) $ 5,000.00 $ 5,000.00 1 62.13 (new) Basis of Design Report (BODR) $0.00 $62,762.70 Phase I Total Sub -Total $857,100.00 $855,230.52 62.14 (new) Dedicated Allowance Pump Station Siting Study and H/H Evaluation" $0.00 $67,831.55 62.15 (new) Dedicated Allowance for Art Sculpture Assessment" $0.00 $15,000.00 Phase I Total Sub -Total - Dedicated Allowances $0.00 $82,831.55 Reimbursable Expenses $ 2,900.00 $ 2,900.00 Phase I Total Sub -Total $860,000.00 $940,962.70 Contingency (NTE Allowance)* $86,000.00 $5,037.93 Phase I Total $946,000.00 $946,000.00 Phase II A2.13 Hydrographic Survey (NTE Allowance) $11,000.00 $0.00 3 A2.14 Offshore Investigation (NTE Allowance) $37,000.00 $0.00 3 A2.15 Benthic Survey (NTE Allowance) $50,000.00 $0.00 2 A2.16 Bidding and Award $25,000.00 $0.00 4 A2.17 Engineering Support Services $130,000.00 $0.00 4 A2.18 Public Engagement During Construction (NTE Allowance) $40,000.00 $0.00 4 A2.19 Coastal Modeling (NTE Allowance) $50,000.00 $0.00 1 Reimbursable Expenses $7,000.00 $0.00 Phase II Sub -Total $350,000.00 $0.00 Contingency (NTE Allowance) $35,000.00 $0.00 Phase II Total $385,000.00 $0.00 Total Services $1,331,000.00 $946,000.00 1. No changes in scope or fee. Fee is necessary for completion of design project. 2. No change in fee or scope. Fee is necessary for completion of design project. Cost to be included in new Work Order. 3. Fee and scope not used. Fee not necessary for completion of design project. 4. Original fee not used, scope and new fee in new proposal. 5. Item removed by the City. * Activities can only be performed if approved by City of Miami. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 333-26 Tel 305-go8-142o Fax 305-264-i805 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 3 of 28 Tetra Tech was also asked to evaluate which tasks from the original contract could be removed or eliminated and to provide a proposal for the tasks, not included in the original contract, needed to provide the services requested. In November 2021, the City initiated negotiations for the provision of services for the completion of a 100% Engineering Package for the Brickell Bay Drive Project. Table 1, above, includes a detail of the fees and tasks of each of the phases, as well as their original and revised amounts. 2. SCOPE OF WORK FOR ADDITIONAL TASKS FOR PHASE I Task B2.13 Basis of Design Report (BODR) This task consists of the preparation of a Basis of Design Report (BODR) that will clearly identify the basis of design for the project. The BODR will summarize the criteria used in the project. These criteria may include: ■ Roadway Geometry ■ Coastal, geotechnical, structural, and environmental aspects of the seawall ■ Floodway Impacts/Encroachment ■ Erosion and Sedimentation ■ Site and Regional Topography ■ Storm Drainage and Green Infrastructure ■ Storm surge, coastal flooding and tidal related flooding ■ Sea Level Rise Projections ■ Water Quantity and Quality ■ Protected Species in the area ■ Coastal Wetlands and benthic habitat ■ Cultural Resource Constraints (historic properties and archeology) ■ Mobility Impacts - Pedestrian, Bicycle, Vehicle, and Parking Impacts ■ Land Use, Zoning and Public Policy ■ Urban Design and Visual/Aesthetics ■ Open Space and Recreation ■ Tree canopy ■ Sunshade, solar radiance/urban heat island, and wind/air flow ■ Ecological and Threatened or Endangered Species ■ Community Services, Emergency Services, and Public Safety ■ Construction Impacts ■ Harmonization between public and private properties ■ Environmental Permits (including fatal flaws, schedule and costs) ■ Proposed Lighting and Telecommunication Services In addition to impact avoidance, the BODR will look for opportunities leading to environmental enhancement and social benefit. For example, there may be green infrastructure and open space 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 4 of 28 opportunities that can improve storm water quality and enhance the ecosystem as well as offer an improved waterfront experience while mitigating flood risk. Deliverables: ■ Basis of Design Report Task B2.14 Dedicated Allowance for Pump Station Siting and H/H Evaluation Tetra Tech will utilize the calibrated model developed as part of the City's Storm Water Master Plan (SWMP) as a base to support the pump station siting analysis. Tetra Tech will estimate design flow rates using the SWMP model provided by the City. The drainage area tributary to the storm sewer and pump station will be reviewed and updated if necessary. The Hydraulic and Hydrologic (H/H) analysis will identify anticipated design flow rates based on identified criteria, which, in turn will be used to identify the like capacity of a PS. The identified capacities associated with different options will then be used in conjunction with prior City analysis to identify the space necessary for the PS. The pump station may include wells, water quality structures, electrical control panel elevated in a platform, etc. However, the design of these elements is not part of this Scope of Work as agreed with the City of Miami. Alternatives will include: Regional pump station at SWMP proposed site (end of 12t" Street) and conveyance piping to serve the area. • Local pump station in the right of way along Brickell Bay Drive. The largest spaces are either at 15t" and Brickell Bay Drive or 14t" at Brickell Bay Drive. This pump station would be sized to provide service to the immediate project area with provision for overland flow likely to reach Brickell Bay Drive. Overland flow contribution would be based on a 5-year event. It is expected that this overland flow would be redirected in the future. For this alternative, the future regional pump station will be assumed at 12t" Street with conveyance piping as included in the SWMP. Local or regional pump station on a private parcel located off Brickell Bay Drive or another site that the City identifies as institutionally feasible. The City must confirm that acquisition of private property is feasible and should be explored. For the local pump station option, a future regional pump station at 12t" Street will be assumed. After the completion of the H/H analysis, Tetra Tech will perform an evaluation to determine the best location for the proposed stormwater pump station. The determination of the preferred location will be made based on available space, utility conflicts, proximity to the project area, and other factors that may impact the construction and operation of the pump station. Three sites will be evaluated. Once the sites have been identified, a draft technical memorandum (TM) including renderings of the three sites will be prepared and submitted to the City for review. Subsequently, a meeting with City staff will be scheduled to discuss the draft TM. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 5 of 28 Comparative costs will be included for the different options. The costs will be presented for both near term and long-term implementation. The costs are intended for comparison purposes and will use the standard unit prices included in the SWMP. Land acquisition costs for the private parcel will be based on value of land per current tax assessment. Tetra Tech will modify the TM pursuant to City's comments, and issue final TM summarizing the findings. Deliverables: ■ H&H Report identifying assumptions, documenting model runs and identifying the pump station size. ■ Draft Technical Memorandum ■ Three Renderings ■ Final Technical Memorandum Task B2.15 Dedicated Allowance for Art Sculpture Assessment A sub -consultant suggested by the City of Miami, will conduct a Value Assessment Report to determine if one of the art pieces located within the project limits could be decommissioned or relocated. This information will be provided to the City of Miami Public Arts Board for approval. All work under this sub -task will be coordinated through the City of Miami's project manager. Attendance to any meetings by Tetra Tech staff or the structural evaluation is not anticipated. However, attendance may be possible if the funds in this allowance are available. Deliverables: ■ Value Assessment Report 3. SCOPE OF WORK FOR BASE TASKS IN AMENDED SCOPE The project as assumed in this scope will include new and or replacement infrastructure on Brickell Bay Drive from SE 14th Street to SE 15th Road. The Project area boundary as defined by the City is a 60-foot right of way (ROW) between these limits. The following are elements of the project are assumed in this scope of work: Seawall: New seawall placed on the water side of the existing seawall and connecting to the existing seawall north and south of project area. All construction activities assumed within 10 feet of existing wall. Assumed a minimum seawall height to elevation 6.0 feet (NAVD) or other heights as determined by the design team and approved by regulatory agencies inclusive of the City. The City requested that the new seawall be designed to include the capability to accept an incremental increase in the height of the seawall cap at some time in the future. This task will involve the selection of the appropriate elevation increment, the enhanced design necessary to handle the 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 6 of 28 higher load cases involved in a higher seawall and the design of connection methods to effectively transmit loads associated with the higher cap into the originally designed wall. Roadway: Reconstructed roadway with various geometry changes, which may include elevating the roadway, shifting the roadway within the right of way, changing the roadway width, and providing planned turning locations to potentially accommodate one way traffic. Stormwater Management System: The proposed improvements will meet or exceed the Miami -Dade County Department of Regulatory and Economic Resources (RER) requirements and will include: • Storm sewers along SE 14t" Street, SE 15t" Road and Brickell Bay Drive. • Consideration of green stormwater infrastructure to address water quality requirements. Green space: Green space consistent with the waterfront development standards. The City has requested to maintain or relocate the neighborhood gateway sign currently located on Brickell Bay Drive and SE 15t" Road. The additional scope of this project, not included in the March 3, 2021 NTP, has been divided into various tasks that are described below. Task 1. Coordination Meetings and Presentations The purpose of this task is to work with the City to develop improvements that will satisfy the project vision goals and objectives as well as the requirements of the funding and regulatory agencies having jurisdiction over the project. Tetra Tech will coordinate activities, correspondence, reports, and other communication related to the Project with the City's Project Manager. Specific activities include the following: 1.1 Project Meetings and Presentations Tetra Tech will attend project meetings (including phone calls) with the City's project manager and other City staff in person or via teleconference through the duration of the project. The purpose of these meetings is to discuss project's progress and other coordination activities. The project meetings will be conducted through the completion of the project. 1.2 Other Meetings and Presentations In addition to the meetings included in the original project agreement, Tetra Tech will attend up to six (6) project meetings with other consultants and other local government and entities. The specific project meetings are detailed in Table 2. Tetra Tech staff and subconsultants will attend the meetings in person or by teleconference. For each meeting conducted, Tetra Tech will prepare an agenda, prepare materials for the meeting, summarize the meeting discussion, and prepare meeting minutes. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 7 of 28 Table 2. Meetings and Presentations Basis of Design Review PurposePhase Presentation to Review Submission In Person / Virtual 30% Design Review Meeting to Discuss 30% Design In Person / Virtual 60% Design Review Meeting to Discuss 60% Design In Person / Virtual 90% Design Review Meeting to Discuss 90% Design In Person/ Virtual NEPA Submittal Meeting to Discuss NEPA submittal In Person/ Virtual Permitting Review Meeting to Discuss permits In Person/ Virtual 100% Design Review (bidding documents) Review Meeting to Discuss bid documents In Person/ Virtual Deliverables: ■ Six (6) meeting agendas and meeting minutes. Task 2. Additional Surveying Services 2.1 Topographic Survey Tetra Tech's sub -consultant, Biscayne Engineering, will provide additional surveying services for the following areas: • 50-ft beyond the west right-of-way on Brickell Bay Drive (1,300 L.F. ±). Bounded by SE 14th Street (North) and SE 15th Road (South) and adjacent to the limits of the existing survey (this segment accounts for an additional 30-ft beyond the right-of-way of Brickell Bay Drive. • SE 15th Road (800 L.F. ±, 100-ft ROW) Bounded by the centerline of Brickell Avenue on the West and Brickell Bay Drive on the East adjacent to the limits of the existing survey. • SE 14th Street (250 L.F. ±, 70-ft ROW) Bounded by the west side of the intersection with the northerly extension of Brickell Bay Drive to the west and Brickell Bay Drive on the East adjacent to the limits of the existing survey. • Extended Limits along Biscayne Bay Portion of Brickell Harbor Condominium property along Biscayne Bay including dock facilities, a circular deck area, the driveway, and the portion of building facing SE 15th Road. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-go8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 8 of 28 Survey limits will extend 50 feet beyond the Westerly right-of-way of Brickell Bay Drive along the curved portion. At intersecting streets, such as SE 14th Street and SE 15th Road, the survey limits will be 20 feet beyond their rights -of -way. The Easterly offset along Biscayne Bay will be 10 feet into the water (seabed elevations at toe of seawall and 10 feet in bay). However, Premises that are locked and inaccessible will not be included in survey. The survey, prepared by a State of Florida licensed Professional Surveyor and Mapper/s, will locate and identify all improvements including, asphalt pavement, pavement markings, buildings, concrete pads, sidewalks, driveways, hydrants, valve boxes, water/electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, guy wires, utility poles, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, driveways, right-of-way limits, landscaping, trees three (3) inches in diameter or greater, traffic signage, other signage, pavement striping, any other visible improvements within the project limits, and any other utility records provided. Specifically, the survey will: • Provide the rim, top, bottom of structure, and invert elevations of existing sanitary sewer manholes, drainage culverts, manholes, and catch basins. City shall provide access to locked and/or restricted access structures. City is responsible for facilitating access to structures including those within parking spaces that may be obstructed by parked vehicles. • Locate and/or provide permanent construction controls on site in State Plane Coordinates (1983 adjustment) and vertical control based on North American Vertical Datum of 1988 (NAVD88). Horizontal control data shall be relative to the Florida State Plane coordinate system, East Zone, North American Datum of 1983/2011 adjustment. • Show platted rights -of -way, platted easements, and property boundaries (based on available resources and not title work) on the survey for the project route. Any easements shown will be based on platted easements. As such, there may be easements or other exceptions that may affect the property not shown without having a title search or opinion of title provided to the consultant. • Recover right-of-way monumentation and/or re-establish to provide rights -of -way lines throughout limits of project. This will require field recovery of centerline control and property corners through each listed street. • Provide a digital terrain model (DTM) of the areas and cut cross sections at 50-foot intervals along the rights -of -way to extend 20 feet beyond the right-of-way lines and include elevations at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). • Provide centerline elevations at 25-foot intervals within the rights -of -way and roadways. Other elevations will be provided at 50-foot intervals minimum and will include edge of pavement, flow line, top of curb, and back of sidewalk elevations (and will extend 20-50 feet beyond the right-of-way lines). 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 9 of 28 • Show survey features, baseline, baseline points, and drainage information, including inverts, pipe size, material, and direction of visual. Prepare digital maps that shall delineate all field collected data as well as existing limits of nearby public rights -of -way (CAD files will be provided; "dwg", "dgn", and "tin" files compatible with Autodesk Civil3D). 2.2 Sovereign Submerged Land Survey Preliminary research of documents related to the site indicate a small strip of land seaward of the seawall that may be privately owned bottom. The balance of the site appears to be sovereign submerged lands of the State of Florida. Therefore, Tetra Tech's sub -consultant, Biscayne Engineering, will perform a research of the Florida Department of Environmental Protection (FDEP) Board of Trustees Land Document System and identify any available documents affecting the submerged lands within the project area. The information will be plotted and any instruments that affect said submerged lands within the project area will be referenced in the existing topographic survey. As such, there may be instruments that affect the project area and are not available in the Board of Trustees Land Document System or shown without having a title search or opinion of title provided to the City. This proposal does not include title search related services or indirect costs associated with this type of property research for ownership or encumbrances. Deliverables: Topographic Survey (Digital and hard copy, if requested by the City) Sovereign Submerged Land Survey Task 3. Additional Geotechnical Investigation Additional geotechnical engineering evaluation and subsurface exploration required for final design to include: ■ Two additional standard penetration tests (SPTs) boring to support the pump station siting study (assumed depth of 25 feet). ■ Additional borings and a geotechnical engineering analysis of the boring logs and the associated laboratory testing results performed as part of the original project agreement to provide recommended earth pressure values to support the design of the seawall. The results will be presented in a geotechnical engineering report. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 10 of 28 Deliverables: ■ Geotechnical Report Task 4. Sub -Surface Exploration Tetra Tech's sub -consultant, Biscayne Engineering, will perform Subsurface Utility Excavations (SUE). Twenty (20) test holes will be installed having the minimum size required to expose the utilities of interest. A report including data sheet for every test hole performed and a summary table of verified utility detailing the test hole information will be prepared. Deliverables: ■ SUE Report Task 5. Hydrologic and Hydraulic Analysis Tetra Tech will utilize the calibrated model developed as part of the City's Stormwater Master Plan as a base to develop a hydrologic and hydraulic (H&H) model for the proposed drainage system along Brickell Bay Drive. Tetra Tech will run the model for the 5-, 10-, 25- and 100-year storm events. The following items will be completed to perform this analysis. • Estimate design flow rates using the Master Plan model provided by the City. The drainage area tributary to the storm sewer and pump station will be reviewed and updated if necessary. Hydrologic parameters including, but not limited to, percent impervious, slope, routing methodology, and width from the Master Plan model will be used. • Simulate proposed storm sewers and pump station in the model to predict design flow rate, velocity, and hydraulic grade line, to provide a basis for drainage and road design. • Perform hydraulic calculations to size the proposed pumps, wet well volume, and force main. Deliverables: ■ H&H Report ■ Model Files Task 6. Preparation of 60 Percent Engineering Documents This task will result in the preparation of a 60-percent design package that will follow the City's Department of Resiliency and Public Works (RPW) requirements. The package will include drawings, an outline listing of the technical specification sections that will be included in the final engineering documents, and a Level 3 opinion of probable construction cost (OPCC) in accordance 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 11 of 28 with the Association for the Advancement of Cost Engineering (AACE). The OPCC will be prepared by our sub -consultant PCI. The plans, the outline specifications, and OPCC will be appropriately revised to address any review comments received. The drawings will be prepared in AutoCAD format and the technical specifications will be prepared in Microsoft Word format. The drawings will follow the City of Miami Department RPW Standards. Table 3 shows the anticipated sheets that will be included in the 60-percent submittal. Table 3. 60-Percent Drawings List Drawing G-1 Cover G-2 Summary of Quantities G-2 Notes, Legend, and Abbreviations G-3 Key Sheet V-1 Survey (project control) V-2thru V-5 Survey G-7 thru G-9 Stormwater Pollution Prevention Plan (SWPPP) G-10 Stormwater Prevention Plan Details C-1 Typical Sections C-2 thru C-6 Roadway Plan (shows roadway geometry, pavement markings and signage) C-7 Pavement and Markings Details CG-1 thru CG-5 Civil (Grading and Drainage) CG-6 Drainage Details CU-1 thru CU-5 Civil (Drainage and utilities) CX-1 thru CX-5 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) TTC-1 thru TTC-15 Temporary Traffic Control Plans and Details S-1 Seawall Typical Section S-2 Weephole / Drainage Details S-3 Sections at Northern & Southern Junctions (tie into existing walls) S-4 thru S-5 Sewall Details E-1 Site Plan E-2 General Notes E-3 Abbreviations and Symbols E-4 thru E-6 Electrical Demolition E-7 thru E-10 Power Layout E-11 thru E-13 Electrical Details E-10 Riser Diagram and Panel Schedules SGA Seagrass Mitigation SG-2 Seagrass Mitigation 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-go8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 12 of 28 In addition to the engineering drawings listed above, our sub -consultant EDSA will prepare landscape architectural package to include the following: • Development and expansion of the approved Concept Design Document package, including the preparation of a coordinated set of Design Development drawings. • Further refine design parameters. • Design coordination meetings with Ownership and Consultant Team. • Prepare a utility work schedule for the Miami -Dade County Water and Sewer Department (WASD). • Prepare electrical drawings, as described above, including photometrics and street and pedestrian lighting. • Prepare Design Development documents for landscape and impermeable surfaces, grading, planting and irrigation system, reviewed and coordinated with other disciplines. Drawings are to show main design intent and will include: o The landscape grading and material selection surface drainage of exterior pedestrian pavements and planting areas o Design layout of special features and hardscape elements; limited to detailing of aesthetic elements, shapes, finishes, and effects o Layout of outdoor site furnishings. o Exterior planting and landscape design including general species selection. Deliverables: 60-percent submittal package to include: ■ 60-percent design drawings, ■ outline listing of technical specifications, ■ AACE Class 3 Level OPCC ■ Stamped QA/QC Documentation ■ WASD Utility Work Schedule Task 7. Preparation of 90 Percent Engineering Documents Tetra Tech will provide the City Project Manager with a 90-percent design package that will follow the City's RPW requirements. The package will include drawings, 90-percent technical specifications, and a Level 2 OPCC in accordance with the AACE. The OPCC will be prepared by our sub -consultant PCI. The engineering drawings to be submitted will follow RPW requirements. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 13 of 28 In addition, drafts of the technical specification sections will be developed. The plan set, and specifications will be submitted for review and comment. The drawings will be prepared in AutoCAD format and the technical specifications will be prepared in Microsoft Word format. Table 4 shows the anticipated sheets that will be included in the 90-percent submittal: Table 4. 90-Percent Drawinas List Drawing G-1 Cover G-2 Summary of Quantities G-2 Notes, Legend, and Abbreviations G-3 Key Sheet V-1 Survey (project control) V-2thru V-5 Survey G-7 thru G-9 Stormwater Pollution Prevention Plan (SWPPP) G-10 Stormwater Prevention Plan Details C-1 Typical Sections C-2 thru C-6 Roadway Plan (shows roadway geometry, pavement markings and signage) C-7 Pavement and Markings Details CG-1 thru CG-5 Civil (Grading and Drainage) CG-6 Drainage Details Cu-1 thru CU-5 Civil (Drainage) CX-1 thru CX-5 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) TTC-1 thru TTC-15 Temporary Traffic Control Plans and Details S-1 Seawall Typical Section S-2 Weephole / Drainage Details S-3 Sections at Northern & Southern Junctions (tie into existing walls) S-4 thru S-5 Sewall Details E-1 Site Plan E-2 General Notes E-3 Abbreviations and Symbols E-4 thru E-6 Electrical Demolition E-7 thru E-10 Power Layout E-11 thru E-13 Electrical Details E-10 Riser Diagram and Panel Schedules SGA Seagrass Mitigation SG-2 Seagrass Mitigation In addition to the drawings listed above, EDSA will prepare a 90-percent landscape architecture package to include the following: 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-go8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 14 of 28 • Layout Plans — All pedestrian hardscape configurations including terraces, patios, walkways, pathways, ramps, decks and walls. • Hardscape Plans — Illustrating all paved pedestrian and special vehicular area surfaces including materials, pavement patterns, colors, textures and product selection. EDSA will coordinate with the selected interior designer for outdoor furniture selection and layout. • Planting Plans — Illustrating all trees, palms, shrubs, ground covers, grasses and aquatic plant material indicating size, quality, quantity, colors where applicable, planting techniques and their location in each area. • Irrigation Plans — EDSA will provide working drawings and written specifications. If an irrigation system upgrade is required, EDSA will provide water usage calculations sufficient to obtain a building permit and comply with sustainability goals. • Landscape Construction Details. • Landscape Technical Specifications. The package will also include a Level 2 OPCC in accordance with the AACE. The OPCC will be prepared by our sub -consultant PCI. Deliverables: 90-percent submittal package to include: ■ 90-percent design drawings ■ technical specifications ■ AACE Class 2 Level OPCC ■ Stamped QA/QC Documentation Task 8. Permitting Tetra Tech will prepare and submit permit applications and supporting documentation necessary to obtain permits or approvals from the agencies listed below. All permits with the City of Miami will be submitted electronically utilizing iBuildMiami. Upon approval from the City, permits or review fees will be paid by the City. Tetra Tech anticipates that the following permits will be required: • South Florida Water Management District in Coordination with the Florida Department of Environmental Protection (FDEP) o Joint ERP and State 404 Permit 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 15 of 28 ■ A maximum of two (2) Requests for Additional Information are assumed for this permit coordination effort. Includes agency coordination above and beyond the RAls, one agency site visit, and development of mitigation plan. o Dewatering ■ Florida Fish and Wildlife Conservation Commission (FWC) o Special Activity License ■ Includes application, float plan and post -relocation reporting. ■ Miami -Dade County Department of Regulatory and Economic Resources (RER) o Class I ■ It is assumed that this application will be processed as a Short Form application without Board of County Commission approval required. ■ It is assumed that the Project design will be consistent with standard criteria in Chapter 24 of the Miami -Dade County Code of Ordinances and, therefore, a variance will not be required from the Environmental Quality Control Board. ■ Department of Environmental Resource Management (Class 1) - Includes signature coordination o Class II o Class V o Water Supply Facilities o Permitted Sewage Treatment Facilities • Florida Department of Environmental Protection (FDEP) • United States Army Corp of Engineers o Department of Army Section 10 ■ Includes development of Public Notice, coordination on mitigation planning. • City of Miami Building Department • City of Miami Planning and Zoning o Tree Permit 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 16 of 28 o Historic and Archaeological o Arts in Public Places • City of Miami Resiliency and Public Works Department o Development and Roadway o NPDES • Florida Department of Health (FDOH) • Miami -Dade County water and Sewer Department (WASD) • City of Miami Fire Department • Miami -Dade County Department of Transportation and Public Works (DTPW) • Miami Parking Authority (MPA) For all the permits, this task includes coordination (pre -application meetings — except for those performed under the 30% design), permit drawings, permit application preparation, and responding to up to two (2) Requests for Additional Information (RAls). Deliverables: ■ Permit application submittals. ■ Responses to RFIs ■ Final approved permits. Task 9. Preparation of 100% Design Documents Tetra Tech will comply with the comments received from the City and all permitting agencies as a result of the 90-percent submittal review and will prepare a 100-percent signed and sealed drawings, technical specifications, an AACE Class 1 Level OPCC, a Critical Path Method (CPM) schedule, and a final design report. The documents will comply with the City's RPW requirements. The drawings will be prepared in AutoCAD format and the technical specifications will be prepared in Microsoft Word format. The engineering and landscape architectural drawings to be submitted will follow RPW requirements. Deliverables: 100-percent submittal package to include: ■ 100-percent design drawings ■ technical specifications 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 17 of 28 ■ final design report ■ AACE Class 1 Level OPCC ■ CPM Schedule, and ■ Stamped QA/QC Documentation Task 10. Bid and Award Services Bidding and award activities will be led by the City. Tetra Tech will conduct the following services during the bidding and award process: ■ Work with the City staff to provide a master copy of the Bid Package in electronic format (PDF), addressing any comments after the final submittal. The City shall distribute bid packages to potential bidders via online plan distribution. ■ Support with addenda. Tetra Tech will respond to technical questions forwarded by the City for anticipated addenda as part of this scope of services. Consultant will respond to questions, in the format required by the City, for expedited response time and will generate necessary supporting documents, as applicable, and submit them to the City for distribution to registered plan holders. ■ Attend the pre -bid meeting at the City and prepare agenda. ■ Provide support for evaluation of the apparent low bidder's qualifications for undertaking the work on the project and provide a recommendation of award. Deliverables: ■ Electronic Copy of the Bid Package ■ Pre -bid meeting agenda and meeting minutes ■ Recommendation to award Task 11. Construction Administration Services and Protect Certification The construction administration is based on the City's assumed construction duration of August 2023 — February 2024 (6 months). If the construction duration is extended the level of effort will change. Specific activities under this task will include the following: 1. Conform the contract documents at the end of the bidding phase to reflect any changes to the project design, construction drawings or specifications caused by addenda to bid packages or changes initiated by the City. 2. Attend one (1) pre -construction conference, prepare agenda and minutes. 3. Attend periodic progress meetings throughout progress of work. Progress meetings will be held bi-weekly and additional meetings as needed to coordinate work in progress. It 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 18 of 28 is anticipated that twelve (12) meetings, two (2) per month, will be needed at an average duration of four (4) hours each. Up to two (2) staff from the Consultant will be in attendance. 4. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the Work. It is anticipated that six (6) site visits, one per month, with an average visit duration of approximately two (2) hours will be required. Site visits will be scheduled to coincide with construction progress meetings with City Staff. 5. Review shop drawings to determine conformance with the design concepts of the project and compliance with the requirements provided in the contract documents. 6. Review requests for information (RFIs), provide interpretation of construction documents, and issue written clarifications or interpretations. 7. After the Contractor has provided notice of substantial completion, conduct a substantial completion, inspection of the Project with the City and distribute a punch list of observed deficiencies to be completed by the Contractor prior to the final completion date. The project will be certified substantially complete only if the work is sufficiently complete in accordance with the contract documents, so that the work can be utilized for the purposes for which it is intended. 8. Conduct a final completion inspection of the Project with the City to determine if Work is finally complete and compile and distribute a punch list of items to be addressed. Conduct a reinspection to confirm that final completion punch list items have been addressed and subsequently provide a final signed and sealed completion certification to the City. This will constitute the final project certification. 9. Review the Contractor's as -built submittals monthly for adequacy and review listing of deviations from the construction permit and approved construction documents. Prepare record drawings for the City's use from information provided by the Contractor, delineating the dimensions, location, and elevation of all facilities constructed. Provide the City with one (1) electronic file of record drawings in AutoCAD current release, one (1) set of reproducible and three (3) sets of prints of the record drawings. 10. Provide final regulatory certifications at the completion of construction. Deliverables: ■ Conformed Design Package including conformed drawing and technical specifications ■ Pre -construction meeting agenda and minutes ■ Reviewed Shop Drawing Submittals ■ Responses to RFIs ■ Site Visit Field Notes and Photographs 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 19 of 28 ■ Substantial Completion Punch List ■ Permitting agencies certifications, as needed Task 12. Public Engagement The public engagement plan is designed to inform all stakeholders of the project and its benefits and to facilitate their acceptance through a communications campaign that solicits and incorporates meaningful feedback from all stakeholders. This proposal includes informing, educating, and helping update local residents, businesses and neighboring stakeholders on the benefits and progress of the program during the construction phase. Specific tasks include: • Messaging: Support City staff in creating messages, advisories, talking points and social media content as appropriate. • Outreach: Serve as the project's public information office in outreach and delivery of information to residents, businesses and homeowner and business associations. Deliverables: Deliverables may include: ■ Website Materials ■ Notes ■ Outreach Scripts Task 13. Benthic Survey Based on information collected during the performance of a biological survey, additional marine surveys to map the limits of the marine resources that may be directly or indirectly affected by project related activities are necessary to complete the project design and obtain the required permits. Tetra Tech's biologists will conduct a seagrass survey of the Project area during the federally recognized seagrass growing season (June 1 through September 30 in Miami -Dade County). The seagrass survey will be conducted in accordance with the National Marine Fisheries Service (NMFS) recommendations contained within the Final Recovery Plan for Johnson's Seagrass, September 2002.This survey will also be used to qualify and quantify impacts for project permits. The survey will map to locations of any existing marine resources in the vicinity of the seawall. The limits of the survey will be the same as the physical survey, that is a 50 ft wide strip fronting the full length of the seawall. Deliverables: ■ Benthic Survey and Report 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 20 of 28 Task 14. Coastal Modeling Using climate change scenarios selected for the project (sea level rise, extreme precipitation, storm surge, temperature, etc.), each of the design alternatives will be modeled to understand protection from storm surge as well as impacts to drainage during large rainstorm events. Storm surge modeling will be performed using NOAA's public domain model framework SLOSH which has been used extensively for such modeling in Southeast Florida. Model outcomes may be used to refine the selected alternative. Deliverables: ■ Model Summary Report 4. SCOPE OF WORK FOR ADDITIONAL TASKS Activities described below will only be performed upon approval from the City of Miami at its sole discretion. Task 15. Dedicated Allowance for Marine Resource Mitigation This task includes the sub -tasks listed below: 15.1. Location of Marine Resource Mitigation site(s) In May 2021, Tetra Tech performed a marine resource survey along the existing seawall that identified the presence of coral and seagrass species. As such, project activities will require mitigation and likely involve an offsite area that is suitable for relocating corals and seagrass. Tetra Tech will coordinate with the stakeholders to determine potentially suitable mitigation sites. The location of the offsite area(s) and the investigations necessary to obtain use of the site will be necessary as a possible regulatory permit special condition. 15.2. Harvesting and Transplanting of Corals It is assumed that the coral and possibly the seagrass species can be harvested, appropriately cached, and transplanted to the selected marine resource mitigation site in at least partial fulfillment of any mitigation requirements. This task is limited to the harvesting of corals from the seawall and transplanting to a local site within approximately 5 nautical miles from the project area. 15.3. Other Mitigation Planning, design, and execution of any additional marine resource mitigation as required by regulatory permit special conditions will need to be done. This task involves the identification of the supplemental mitigation required, the location of possible mitigation 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 21 of 28 sites, design of the mitigation program and submittal/approval of a mitigation plan to the regulatory agencies. Task 16. Dedicated Allowance for National Environmental Policv Act (NEPA) Support The Federal Emergency Management Agency (FEMA) follows the NEPA process in its funding decision making process. This task assumes that an environmental assessment (EA) will be required to justify FEMA's funding of the project and that the preparation of the EA can be done as part of the project development scope of work. The task will prepare an EA that meets the requirements of the Council for Environmental Quality guidelines. The primary components of the EA include: • Purpose and Need • Preferred Action and Alternatives • Affected Environment • Environmental Consequences During the review of an EA, a determination may be made that the environmental impacts of the proposed action are significant enough to require the more extensive environmental review represented by an environmental impact statement (EIS). In the event that such a determination is made that requires the development of an EIS then a separate proposal for this effort will be provided. Deliverables: ■ Draft EA ■ Final EA Task 17. Dedicated Allowance for Benefit -Cost Analysis Support (BCA) This task is provided as an allowance if it is more advantageous for the City to develop scenarios for the hydrologic and hydraulic performance of the selected project relative to the Benefit Cost Analysis (BCA) required for the grant. If beneficial to the City, Tetra Tech will prepare multiple analyses showing the reduction in damage as a result of the project. This would be submitted as a BCA related Hydraulic and Hydrologic Study. The Hydraulic & Hydrologic study will contain a series of scenarios, based on various frequencies of occurrence, and potentially including sea level rise, various storm surge conditions, and wave overtopping. The scenarios will demonstrate the before and after benefits provided by the project in comparison to the existing conditions. The work included in this allowance is limited to the evaluation of frequency and depth of water storage behind the wall that may result in property damage or disruption. This analysis will include the physical limits of flooding and the depth of flooding. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 22 of 28 It is understood that the granting agency actually performs the BCA with data provided by the City (or other sources) relative to property values and disruption related costs. 5. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Table 5. Sub -Consultants Sub -Consultant Name EDSA Specialty or Expertise Landscape Architect Biscayne Engineering Surveying PCI Cost Estimating and Scheduling Wragg & Casas Public Engagement Geosol Geotechnical Engineering 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-go8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 23 of 28 6. SCHEDULE OF WORK —TIME OF PERFORMANCE Table 6. Schedule of Deliverables for Base Task Major Task, Sub -Task, Activity, or Deliverable Duration Sub- (Weeks) Date*Task, Delivery task, or Activity 1 Coordination Meetings and Presentations 104 NTP + 104 Weeks January 30, 2024 2 Additional Surveying Services 6 NTP + 6 Weeks March 15, 2022 3 Additional Geotechnical Investigation 6 NTP + 6 Weeks March 15, 2022 4 Sub -Surface Exploration 8 NTP + 12 Weeks April 26, 2022 5 Hydrologic and Hydraulic Analysis 8 NTP + 8 Weeks March 29, 2022 6 Preparation of 60-percent Engineering Documents 12 NTP + 18 Weeks June 7, 2022 7 Preparation of 90-percent Engineering Documents 8 NTP +26 Weeks August 2, 2022 8 Permitting 24*** NTP + 50 Weeks January 17, 2023 9 Preparation of 100-percent Engineering Documents 9 NTP + 59 Weeks March 27, 2023 10 Bid and Award Services 28 NTP + 87 Weeks October 13, 2023 11 Construction Administration Services 24** TBD 12 Public Engagement 104 NTP + 104 Weeks 13 Benthic Survey 4 NTP +34 Weeks September 30, 2022 14 Coastal Modeling 8 NTP + 14 Weeks May 10, 2022 15 Marine Resource Mitigation TBD TBD 16 National Environmental Policy Act (NEPA) Support TBD TBD (Allowance) 17 Benefit -Cost Analysis Support (BCA) (Allowance) TBD TBD * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. All Dates are approximated based on an estimate NTP date of February 1, 2022 **Based on a 6-month construction schedule as indicated in communications received from the City. Additional fees will be required if the construction time is extended. ***Estimated duration. Dependent of Permitting Agencies 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 24 of 28 7. COMPENSATION Consultant shall perform the Tasks detailed in this Proposal for a fee of $1,919,753.00. This includes a Lump Sum amount of $1,282,680.11; a not to exceed (NTE) amount of $261,336.40 for tasks 1 and 11; limiting amount allowances for tasks 15, 16, and 17 totaling $211,334.84; a reimbursable expenses allowance in the amount of $10,000; and a miscellaneous allowance of $154,401.64 for additional services, equivalent to 10 percent of the total. The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for reimbursable expenses required in connection with the work, which shall not exceed $10,000.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes 112.061. Table 7 includes a breakdown by task: Table 7. Summary of Compensation — Base Tasks or Activity D• Major Task, Sub -Task, Activity, or Deliverable Phase I Fee Amount BasisTask, Fee A2.03 Coordination Meetings & Presentations $30,004.44 Lump Sum A2.04 Vision Statement Goals Objectives $20,000.00 Lump Sum A2.05 Civil Engineering and Design Services $200,623.71 Lump Sum A2.06 Adaptation Planning $143,462.01 Lump Sum A2.07 Real Estate Impact Assessment $61,085.25 Lump Sum A2.08 Design Alternative Analysis $173,824.32 Lump Sum A2.09 Design Criteria / Guidelines $0.00 Lump Sum A2.10 Public Engagement $14,067.32 Lump Sum A2.11 Design and Engineering (DCP, 30% Plans and Specifications) $144,400.77 Lump Sum A2.12 Cultural Assessments Services (NTE Allowance) $ 5,000.00 Lump Sum* 132.13 (new) Basis of Design Report (BODR) $62,762.70 Lump Sum Phase I Sub -Total $855,230.52 Lump Sum 132.14 (new) Dedicated Allowance Pump Station Siting Study and H/H Evaluation $67,831.55 Lump Sum* 132.15 (new) Dedicated Allowance for Art Sculpture Assessment $15,000.00 Limiting Amount* Phase I — Sub -Total Allowances $82,831.55 Reimbursable Expenses $ 2,900.00 Direct Expense* Contingency (NTE Allowance) $5,037.93 NTE* Phase I Total 946,000.00 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 25 of 28 Table 7. Summary of Compensation — Base Tasks or Activity Major Task, Sub -Task, Activity, or Deliverable Phase II Fee Amount Fee BasisTask, 1 Coordination Meetings and Presentations $103,648.90 NTE* 2 Additional Surveying Services $33,819.40 Lump Sum 3 Additional Geotechnical Investigation $14,943.60 Lump Sum 4 Sub -Surface Exploration $9,013.60 Lump Sum 5 Hydrologic and Hydraulic Analysis $64,681.60 Lump Sum 6 Preparation of 60-percent Engineering Documents $376,122.80 Lump Sum 7 Preparation of 90-percent Engineering Documents $318,440.40 Lump Sum 8 Permitting $126,381.28 Lump Sum 9 Preparation of 100-percent Engineering Documents $164,229.60 Lump Sum 10 Bid and Award Services $37,111.30 Lump Sum 11 Construction Administration Services (6months) $157,687.50 NTE* 12 Public Engagement $42,897.73 Lump Sum 13 Benthic Survey $47,890.60 Lump Sum 14 Coastal Modeling to Support the Selected Alternative $47,148.20 Lump Sum Sub -Total Phase II $1,544,016.51 15 Dedicated Allowance for Marine Resource Mitigation $88,131.24 Limiting Amount* 16 Dedicated Allowance for National Environmental Policy Act (NEPA) Support $73,384.50 Limiting Amount* 17 Dedicated Allowance for Benefit -Cost Analysis Support (BCA) $49,819.10 Limiting Amount* Sub -Total Dedicated Allowances — Phase II $211,334.60 Limiting Amount* Reimbursable Expenses $10,000.00 Direct Expense* Owner's Contingency Allowance (10% of Sub -Total Phase II) $154,401.65 Limiting Amount* Total Phase II $1,919,753.00 Total Phase I and Phase II $2,865,753.00 *At the discretion of the City of Miami, the Consultant shall receive approval prior to proceed with work under this task. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Tel305-go8-142o Fax305-264-i8o5 www.tetratech.com Table 8 includes a breakdown by Consultant: Table 8. Base Services Totals Per Company Services Totals Tetra Tech CompanyBase per $1,319,275.98 EDSA $258,614.70 Biscayne Engineering $38,068.30 PCI $89,520.00 Wragg & Casas $36,216.13 Geosol $13,656.00 8. ADDITIONAL SERVICES Mr. Carrasquillo November 19, 2021 Page 26 of 28 The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. Services that are required of Tetra Tech and are not defined in the scope of work above, shall be considered additional services. Tetra Tech understands that when any item/issue exceeds the approved scope of work identified in this proposal, a written document will be submitted to the City Project Manager for review and approval. Additional work will not commence until Tetra Tech has received a signed Addendum to Contract from the City. Scope increases or charges to previously approved work requiring added professional services will be charged in accordance with our Professional Services Agreement. No additional services will be undertaken without prior written approval from the City. 9. ASSUMPTIONS This proposal was prepared assuming the following: • All permit fees will be paid by the City. • No Title work Search will be performed by Tetra Tech or its sub -consultants. Any title research will be provided by the City. • All drainage and roadway work, will be implemented on existing rights -of -way or City owned property. • Pump station design is excluded from this proposal as requested by the City of Miami. • Survey of manhole connections are not included • Archeological monitoring during construction will be the responsibility of the Contractor. • Mean High Water Line or Tidal Water Survey (Water levels will not be considered). 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 27 of 28 • No utility design for upgrades or relocation for water, sewer, electrical, communications, gas or other utilities is included in this proposal. • Seagrass mitigation is dependent on the health and availability of a viable recipient site. Due to the number of unknowns associated with seagrass mitigation at this time, a separate scope of work will be provided when feedback from the resource agencies and research of viable recipient sites is determined. • Right-of-way lines will be based on plats, the City of Miami Municipal Atlas, and information available on the Miami -Dade County Property Appraiser's website (Surveyor cannot "confirm" Right-of-way lines without title work and will depict Right-of-way lines based on the aforementioned resources). • Bidding and contractual documents (front end documents) will be provided by the City. • Bidding services beyond what is outlined in this scope of work related to bid protest or issues arising during the bidding process are not included in this proposal. • Construction Inspection Services are not included in this proposal. • Project Contract documents will be prepared by the City • Work in additional areas is not included. • Public art design is excluded. • Wayfinding design is excluded. • It is assumed that the City's stormwater model constructed as part of the Master Plan project is operational, calibrated and requires no modifications to the existing systems depicted in the model. We assume that the model is correct and usable for alternatives and design purposes. • If needed, a dewatering permit during construction will be procured by the Contractor. • Special inspections are excluded from our scope. • Identification of the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented) are not included. This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. • Structural design of temporary piling/cofferdam measures is not included. • Easement Agreements for adjacent property owners are excluded. 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com Mr. Carrasquillo November 19, 2021 Page 28 of 28 • Environmental investigations, Phase I audits, or other environmental mitigation not specifically described is not included. • Any coordination with utility companies or meetings are excluded except for those with the Miami -Dade County Water and Sewer Department (WASD). It is the responsibility of the City to coordinate the relocation of utilities. • Excluded services can be provided for additional fee beyond that presented herein, if requested. 10. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Kenneth Caban, P.E. Submitted by: TETRA TECH, INC. Kenneth Caban, P.E. Reviewed and approval in concept recommended by: CITY OF MIAMI Hector Badia Interim Director Office of Capital Improvements 6303 Blue Lagoon Dr., Suite 305, Miami, FL 33i26 Te1305-9o8-142o Fax305-264-i8o5 www.tetratech.com City of Miami Design Criteria Professional for Brickell Bay Drive RFQ No. 18-19-042 B-193802 11/9/2021 Task Tetra Tech EDSA PCI Biscayne Wragg & Casas Geosol Total 1 Coordination Meetings and Presentations $ 103,648.90 $ 103,648.90 2 Additional Surveying Services $ 4,468.90 $ 29,350.50 $ 33,819.40 3 Additional Geotechnical Investigation $ 1,287.60 $ 13,656.00 $ 14,943.60 4 Sub -Surface Exploration $ 295.80 $ 8,717.80 $ 9,013.60 51 Hydrologic and Hydraulic Analysis $ 64,681.60 $ 64,681.60 6 Preparation of 60-Percent Eng. Drawings $ 253,929.80 $ 98,323.00 $ 23,870.00 $ 376,122.80 7 Preparation of 90-Percent Eng. Drawings $ 205,427.30 $ 89,143.10 $ 23,870.00 $ 318,440.40 8 Permitting $ 126,381.28 $ 126,381.28 9 Preparation of 100-Percent Eng. Drawings $ 98,304.20 $ 24,145.40 $ 41,780.00 $ 164,229.60 10 Bid and Award Services $ 37,111.30 $ 37,111.30 11 Construction Administration Services $ 110,684.30 $ 47,003.20 $ 157,687.50 121 Public Engagement $ 6,681.60 $ 36,216.13 $ 42,897.73 13 Benthic Survey $ 47,890.60 $ 47,890.60 14 Coastal Modeling $ 47,148.20 $ 47,148.20 15 Marine Resorce Mitigation (Allowance) $ 88,131.00 $ 88,131.00 16 NEPA Support (Allowance) $ 73,384.50 $ 73,384.50 17 BCA Support (NTE) $ 49,819.10 $ 49,819.10 Reimbursable Expenses $ 10,000.00 Totals $ 1,319,275.98 $ 258,614.70 $ 89,520.00 $ 38,068.30 $ 36,216.13 $ 13,656.00 $ 1,765,351.11 Notes: Tetra Tech's detailed sheets, include multiple engineers that have the same clasification and negotiated salaries in one column. ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 11 /9/2021 Estimator: Diana Santander STAFF CLASSIFICATION tb Classification Principal Project Manager d Engineer / Tech ExI Sr. Engineer 1 Project Engineer 1 Engineer 2 Sr. Scientist 2 Staff name name name name name name name Applicable Rate Rate: $68.97 Rate: $68.97 Rate: $67.24 Rate: $65.52 Rate: $51.03 Rate: $38.28 Rate: 59.31 Man Cost/ Man Cost an Cost an Cost an Cost/ Man Cost/ Man Cost/ Work Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours L Activity 1 Coordination Meetings and Presentations 37 $2,552 270 $18,622 92 $6,186 89 $5,831 43 $2,550 2 Additional Surveying Services 2 $138 20 $1,021 10 $383 3 Additional Geotechnical Investigation 2 $138 6 $306 4 Sub -Surface Exploration 2 $102 5 Hydrologic and Hydraulic Analysis 2 $138 12 $828 40 $2,690 160 $10,483 40 $2,041 160 $6,125 6 Bid and Award Services 2 $138 30 $2,069 58 $3,900 32 $2,097 30 $1,531 80 $3,062 7 Construction Administration Services 49 $3,380 60 $4,034 92 $6,028 387 $19,749 130 $4,976 8 Public Engagement 4 $276 12 $828 12 $807 6 $393 9 10 11 12 13 14 15 16 17 18 19 Staff Hours Salary Average By Cost By Rate Per Activity Activity Task 531 $35,741 $67.31 32 $1,541 $48.17 8 $444 $55.52 2 $102 $51.03 414 $22,304 $53.88 232 $12,797 $55.16 718 $38,167 $53.16 34 $2,304 $67.75 Total Staff Hours 45 377 262 379 485 380 43 1,971 Total Staff Cost $3,103.65 $26,001.69 $17,616.88 $24,832.08 $24,749.55 $14,546.40 $2,550.33 $113,400.58 $57.53 I Oial 7e OT vvorK Dy t-osmon 2..i"/0 1 y.I w/o "1:5.:5"/0 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 "I y. L"/o 24.b"/o 1y.3"/o 2.2w/o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: EDSA Subconsultant: PCI Subconsultant: Wragg & Casas Subconsultant: Biscayne Engineering Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $328,861.68 $258,614.70 $89,520.00 $36,216.13 $38,068.30 $751,280.81 $13, 656.00 $764,936.81 $764,936.81 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements - Permitting STAFF CLASSIFICATION Job Classification Project Manager L. Eng./ Tech. Expert Sr. Scientist 2 Project Engineer 1 Staff name name name Applicable Rate Rate: $68.97 Rate: $67.24 Rate: $59.31 Rate: $51.03 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity 1 RER - Class 1 2 $138 42 $2,824 60 $3,559 2 RER - Class 11 4 $276 1 $67 8 $408 3 RER - Class V 4 $276 1 $67 8 $408 4 RER-Water Supplies Facilites 4 $276 1 $67 10 $510 5 RER-Permitted Sewage Facilities 4 $276 1 $67 10 $510 6 SFWMD-Dewatering 4 $276 1 $67 12 $612 7 FDOH 2 $138 2 $134 8 $408 8 FDEP - Drainage Wells 2 $138 4 $269 8 $408 9 FDEP-NPDES 2 $138 2 $102 10 FDEP -Joint ERP and State 404 2 $138 64 $4,303 76 $4,508 8 $408 11 FWC- SpecialActivityLicense 18 $1,210 16 $949 12 USACE - Department of Army Section 10 2 $138 70 $4,707 60 $3,559 16 $817 13 COM - Tree 2 $138 8 $408 14 COM - Public Works Drainage 2 $138 4 $269 8 $408 15 COM - Public Works Roadway 2 $138 1 $67 6 $306 16 COM- Building 1 $69 8 $408 17 COM- Zoning 1 $69 8 $408 18 COM - Fire 1 $69 4 $204 19 COM - Art in Public Places 1 $69 4 $204 20 COM - Historic and Archaeological Review 1 $69 8 $408 En! I Rate: Man hours 12 10 10 10 10 10 6 6 12 8 4 8 4 2 lineer 2 tame $38.28 Cost Activity $459 $383 $383 $383 $383 $383 $230 $230 $459 $306 $153 $306 $153 $77 Sr GI Rate: Man hours 8 8 Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 11 /5/2021 Estimator: Diana Santander S Analyst fame $44.14 Cost/ Activity $353 $353 r. Projec I Rate: Man hours 12 28 12 Administrat tame 30.34 Cost/ Activity $364 $850 $364 Staff Hours By Activity 136 23 23 25 25 27 18 20 4 190 34 176 14 22 13 11 9 5 5 9 Salary cost By Activity $7,697 $1,134 $1,134 $1,236 $1,236 $1,338 $910 $1,045 $240 $10, 666 $2,159 $10, 243 $699 $1,121 $664 $554 $477 $273 $273 $477 Average Rate Per Task $56.60 $49.31 $49.31 $49.45 $49.45 $49.57 $50.57 $52.24 $60.00 $56.14 $63.51 $58.20 $49.95 $50.97 $51.11 $50.34 $53.03 $54.62 $54.62 $53.03 Total Staff Hours 43 210 212 144 112 16 52 789 Total Staff Cost $2,965.52 $14,120.69 $12,573.79 $7,348.97 $4,286.90 $706.21 $1,577.68 $43,579.75 $55.23 i orai io or vvonc Dy rosmon b.4"/o 2b.bw/o 2b.aw/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = $ - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 "14.L"/o 2.U"/o b.b 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) _ $126,381.27 Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: $126,381.27 (l Field and Lab Testing: GeotServe Survey Fee (or Survey Crew Fee): Fee $ Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: $126,381.27 Additional Services (Allowance) Reimbursables (Allowance) $126,381.27 GRAND TOTAL ESTIMATED FEE: 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements brarr Applicable Rate name Rate: $68.97 Work Activity Man Cost/ hours Activity 1 Preparation of 60-Percent Engineering Documents 12 $828 2 Preparation of 90-Percent Engineering Documents 12 $828 3 Preparation of 100-Percent Engineering Documents 6 $414 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 11 /18/2021 Estimator: Diana Santander STAFF CLASSIFICATION Project Manager Lead Engineer Sr. Engineer 1 Project Engineer 1 Engineer 2 CAD Designer Staff Hours Salary Average name Rate: $68.97 name Rate: $67.24 name Rate: $65.52 name Rate: $51.03 name Rate: $38.28 name Rate: 35.52 By Activity Cost By Activity Rate Per Task ManT Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 100 $6,897 200 $13,448 368 $24,111 250 $12,758 400 $15,312 400 $14,208 1,730 $87,562 $50.61 80 $5,518 160 $10,758 300 $19,656 220 $11,227 300 $11,484 320 $11,366 1,392 $70,837 $50.89 24 $1,655 80 $5,379 120 $7,862 120 $6,124 140 $5,359 200 $7,104 690 $33,898 $49.13 Total Staff Hours 30 204 440 788 590 840 920 3,812 Total Staff Cost $2,069.10 $14,069.88 $29,585.60 $51,629.76 $30,107.70 $32,155.20 $32,678.40 $192,295.64 $50.44 I Oral 7e oT vvorR Dy rosmon U. tf"/o b.4w/o l-I.b"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 2u./"/o "15.5"/o 22.U"/o 24.-1w/o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $557,657.36 $557,657.36 $557,657.36 $10, 000.00 $567,657.36 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Project: Design Criteria Professional for Brickell Bay Drive Improvements Date: 11/5/2021 Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements Estimator: Diana Santander STAFF CLASSIFICATION Job Classification Staff Applicable Rate Project Manager Rate: $68.97 ngineer / Technical name Rate: $67.24 Sr. Scientist 2 name Rate: $59.31 Project Engineer 1 name Rate: $51.03 Engineer 2 name Rate: $38.28 Sr GIS Analyst name Rate: $44.14 �r. Project Administ name Rate: 30.34 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 1 Benthic Survey 10 $690 6 $403 260 $15,421 2 Coastal Modeling 8 $552 140 $9,414 12 $712 16 $817 72 $2,756 40 $1,766 8 $243 3 Marine Resource Mitigation 4 $276 140 $9,414 288 $17,081 60 $2,648 32 $971 4 NEPA Support 8 $552 40 $2,690 220 $13,048 120 $6,124 30 $1,148 12 $530 40 $1,214 5 BCA Support 12 $828 24 $1,614 160 $8,166 140 $5,359 40 $1,214 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Staff Hours Salary Average By Cost By Rate Per Activity Activity Task 276 $16,514 $59.83 296 $16,258 $54.93 524 $30,390 $58.00 470 $25,305 $53.84 376 $17,179 $45.69 Total Staff Hours 42 350 780 296 242 112 120 1,942 Total Staff Cost $2,896.55 $23,534.48 $46,262.07 $15,106.21 $9,262.76 $4,943.45 $3,640.80 $105,646.32 $54.40 I Oial 7e OT vvorK Dy t-osmOn 2.L"/o "1 tf. U"/o 4U. L"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $306,374.32 $306,374.32 $306,374.32 $306,374.32 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements STAFF CLASSIFICATION Principal Project Manager Lead Engineer Sr. Engineer 1 Job Classification Staff name name name name Applicable Rate Rate: $68.97 Rate: $68.97 Rate: $67.24 Rate: $65.52 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity 1 Basis of Desing Report 1 $69 10 $690 50 $3,362 60 $3,931 2 Pump Station Sitting and H/H Evaluation 2 $138 40 $2,759 50 $3,362 70 $4,586 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 11 /9/2021 Estimator: Diana Santander -roject Engineer 1 Engineer 2 CAD Designer Staff Hours Salary Average Rate: name $51.03 name Rate: $38.28 name Rate: 35.52 By Cost By Rate Per Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity 80 $4,082 24 $919 225 $13,053 $58.01 80 $4,082 140 $5,359 382 $20,287 $53.11 Total Staff Hours 3 50 100 130 160 164 607 Total Staff Cost $206.91 $3,448.50 $6,724.00 $8,517.60 $8,164.80 $6,277.92 $33,339.73 $54.93 I Oral 7e oT vvorR Dy YOsmon U.b"/o b.Z"/o lb. b"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 L"1.4"/o 2b.4"/o L/.U"/o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $96,685.22 $96,685.22 $ $96,685.22 $10, 000.00 $106,685.22 1 edsa 17 March 2021 18 August 2021- Proposal Amendment- V2 —Fee Update 12 November 2021 Kenneth L. Caban, PE, BCEE I Vice President Southeast Florida Regional Manager Direct: 954.364.1752 1 Cell: 305.849.3404 1 Fax: 954.308.3512 ken.caban@tetratech.com Tetra Tech I Resilient Sustainable Infrastructure Division 4601 Sheridan Street I Suite 212 1 Hollywood, FL 330211 www.tetratech.com Re: Brickell Bay Drive Improvements I Landscape Architecture Services Dear Ken, EDSA is pleased to offer you the following proposal for Landscape Architectural Services to develop the Brickell Bay Improvements project in tandem with the Tetra Tech team. We understand that this waterfront project is a pivotal one for the City of Miami to create a memorable public realm along this iconic waterfront which is resilient to the environmental impacts which are very evident within South Florida. We welcome the opportunity to collaborate with Tetra Tech on this exciting project. With our extensive experience in urban design, hospitality and public realm work, we feel confident that we can assist in creating a desirable destination with a unified sense of place. As per our call on August 4 and August 17, 2021, we understand that the City of Miami and Tetra Tech are requesting that we amend our agreement from a Design -Build structure to a Design Build Bid structure in an effort to capitalize and secure FEMA fees for the project. We understand that the previous proposal for the following tasks will remain as per the agreement with the exception of Stage 3.4 which will be retitled "Basis of Design Report". EDSA's Scope of Services and deliverables under the current agreement will remain as is. 01iginal Agreement.• Stage 1 (A2.03.1) Project Kickoff Stage 2 (A2.05) Data Compilation Stage 3 (A2.08) Design Criteria / Guidelines (Land Use, Urban Design, Landscape Architecture) Stage 3.1 Kick-off Chalette Stage 3.2 Concept Plan Alternates Stage 3.3 Plefened Concept Plan Stage 3.4 • Develop Design Guidelines (client support) Stage 4 (A2.10) Design Develop - 30% Design Development drawings This new Scope of Services will continue EDSA's involvement in the design process and commence with construction period services. We are confident that EDSA's planning and landscape architecture expertise will make us a strong asset for the design team. Our following proposal addresses the landscape architectural services we feel are appropriate for describing the Public Realm of the Brickell Bay Drive and offering creative solutions to address the pedestrians and vehicular traffic coupled with the strong desire to create a resilient frontage for Miami. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 2 of 14 TECHNICAL PROPOSAL The Project The City is revitalizing, renewing, and enhancing its waterfront on Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. The City will be implementing its vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Creating a long-term stewardship structure that protects and enhances quality of life and public and private investments is essential to keeping the Brickell Bay Drive waterfront area a functional, long- term resilient and adaptable asset. EDSA, part of the multidisciplinary team lead by Tetra Tech, will provide landscape architecture and planning assistance for the Brickell Bay Drive Improvements project. We understand that the City is requesting services necessary to complete the Design Criteria Package (`DCP) for the City that shall encompass all necessary documents required for the future advertisement of a Design/Build RFP solicitation. We understand that the urban, engineering, and architectural design alternatives that will be designed for the Project could have inherent environmental consequences that need to be considered as part of the DCP. Factors relating to tidal and storm surge, drainage, the ecosystem of Biscayne Bay, transportation, cultural resources, urban design/visual aspects, open space and recreation, and topography need to be considered. Provided in this proposal are the specific tasks applicable to the EDSA team in support of Tetra Tech as we further the Design Criteria Package. For the purposes of this proposal, the "City" is the City of Miami, the "Client' is Tetra Tech, and the "Consultant' or "L.A." is EDSA. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 3 of 14 Design Stages The following section describes in more detail the planning process and deliverables necessary to complete the design work. Based on the amendment request, we have modified our services as follows. EDSA will provide landscape architectural services as detailed below for design stages including: Stage 1 Design Advancement 1.1 60% Design Development Stage 2 Construction Documents 2.1 90% CD/ Construction Documents for permitting 2.2 100% CD Construction Documents for bidding Stage 3 Bidding and Construction Period Services 3.1 Bidding Assistance 3.2 Conformed Set 3.3 Construction Period Services The landscape design services for these phases will include the following Soft & Hard Landscaping, Construction Documentation, and Construction Period Services. To supplement and complete the overall exterior design, EDSA will utilize the following sub-consultant(s) to address the necessary supplemental efforts required for the project. EDSA will manage and coordinate the work of those consultant(s) throughout the design process. Irrigation Consultant Task: provide irrigation plans in support of planting plan including: • Pre Design Site Visit and Existing Irrigation Conditions Plan • Irrigation Demo and Lifeline Plan • DID Irrigation Plan • CD Irrigation Plan • Post Installation site visit 2. Technical Specifications Consultant Task: provide technical specifications in support of the Construction Document phase as outlined below. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 4 of 14 SCOPE OF WORK 1. Design Advancement Based upon the approved 30% Design Development drawings, EDSA will further the design through the advancement of the Design Development Drawings. The Plans will be developed at a sufficient level to articulate the design intent for the project which may be illustrated as enlargement plans indicative of the design intent for the entire Brickell Bay Drive. Any revisions required based on comments from the City and Client will be addressed in the subsequent phases. Additional submissions are not included within the current agreement. 1.1 Submission 1: Design Development Based on the approval of the drawings in the previous design phase, EDSA will move into a Design Development Drawings and shall include all drawings and documentation necessary to further finalize the site design, size, and character of the project. Please note, these documents will not be final construction drawings, nor should they be used for construction. Design Development will include the following: • Development and expansion of the approved Concept Design Document package, including the preparation of a coordinated set of Design Development drawings. • Further refine design parameters • Design coordination meetings with Ownership and Consultant Team. • Prepare Design Development documents for landscape and impermeable surfaces, grading, planting and irrigation system, reviewed and coordinated with other disciplines. Drawings are to show main design intent and will include: - The landscape grading and material selection surface drainage of exterior pedestrian pavements and planting areas - Design layout of special features and hardscape elements; limited to detailing of aesthetic elements — shapes, finishes, and effects - Layout of outdoor site furnishings. - Exterior planting and landscape design including general species selection. Deliverables: EDSA's drawing package will consist of full -format drawings and is to be formatted to match the project standards. We anticipate the Design Development package for the overall landscape site package to be assembled as follows: • Illustrative Site plan • Layout Plan (AutoCAD) to showcase overall site relationships ■ Hardscape plan including material layout plan ■ Hardscape material selection • Aesthetic Grading Plan (AutoCAD) to showcase overall vertical site relationship • Unique site features/ distinguishing site characteristics ■ Features will be developed to further the design intent explanation which may be illustrated through plan, section, elevation and materiality 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 5 of 14 ■ Note: This will be through a series of character images, notes, and/or materials selection (does not include CAD construction details) • Landscape Plan (AutoCAD) ■ Illustrate Sod versus Shrub areas ■ Depict shade trees/ flowering trees/ palms • Landscape character imagery of landscape intent • Critical Site Elements character imagery and/or cut sheets which may include: ■ Lighting ■ Site Furnishings • Irrigation layout and system design Meeting(s) o See Project Meeting schedule 2. Stage 2 Construction Document 2.1 Submission 1: 90% Construction Documents Based on the approval of the drawings in the previous design phase, EDSA will prepare full -service Construction Documents and Specifications for all hardscape and landscape elements within the property. The Construction Documents phase shall consist of the completion of all the landscape, hardscape, and irrigation. It will be broken into two phases. The 90% set will be used for permitting and will be submitted to the City. It shall also include all drawings and documentation necessary to fix and describe a code -compliant design for the purpose of bidding, permitting and construction, as well as the preparation of final specifications defining systems, fabrication requirements, procedures, submittal requirements, quality assurance requirements, products, and manufacturers. Detailed coordination with the Owner, Owner's Representatives, Architect, and all other project team consultants and specialty consultants shall be continued during this phase. As part of this coordination, an internal review shall be performed relative to all disciplines affecting this scope of work to ensure quality control and minimize conflicts. These drawings and specifications will fully describe all project component relationships and construction methodology. They will indicate material selections, finishes, furniture, hardware, and product specification, as well as to provide full detailing needed to construct the project. EDSA will participate in virtual team meetings during this phase of work. Construction Documents will consist of the following: • Layout Plans — All pedestrian hardscape configurations including terraces, patios, walkways, pathways, ramps, decks and walls. • Hardscape Plans — Illustrating all paved pedestrian and special vehicular area surfaces including materials, pavement patterns, colors, textures and product selection. EDSA will coordinate with the selected interior designer for outdoor furniture selection and layout. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 6 of 14 • Planting Plans — Illustrating all trees, palms, shrubs, ground covers, grasses and aquatic plant material indicating size, quality, quantity, colors where applicable, planting techniques and their location in each area. • Irrigation Plans — EDSA will provide working drawings and written specifications. If an irrigation system upgrade is required, EDSA will provide water usage calculations sufficient to obtain a building permit and comply with sustainability goals. • Landscape Construction Details. • Landscape Technical Specifications. • Provide stamped and wet -signed permit submittal sets in the number required by the Authorities having Jurisdiction (Al • Review and respond to plan check comments from the Al Deliverables • Tree Protection and Disposition Plans and Details • Hardscape and layout notes, plans and enlargement sheets • Layout detail sheets (to include site furniture details, schedules and specifications) • Planting notes, plans, and enlargements • Planting detail sheets (to include plant schedule and specifications) • Irrigation plans • Final Landscape Technical Specifications EDSA shall not be responsible for construction means, methods, techniques, sequences, or procedures, for safety precautions and programs in connection with the work, or the acts or omissions of the contractor. Deliverables Format • All Construction Documents will be delivered in Arch D paper size two (2) sets • Digital copy (include all applicable AutoCAD documents) During this task, EDSA will attend up to two (2) Construction Documents meetings with your internal team at your office or in EDSA's Fort Lauderdale office. Additional team coordination meetings in South Florida will be attended as needed and billed per our rate schedule. All other coordination can be conducted via email or web -based means. 2.2 Submission 2: 100% Construction Documents Based on the permit comments received upon the submission of the 90% Construction Documents, EDSA will address those comments and resubmit all drawings listed within the previous design stage. The 100% Construction Documents will be used as the Bid Set for the job. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 7 of 14 3. Stage 3 Bidding and Construction Period Services 3.1 Bidding Assistance During the bidding stage, EDSA will be available to answer questions and address comments that arise from the prospective contractors. For the purposes of this proposal, the scope of services and fee for Bidding Assistance will be provided on an hourly basis. For the purposes of this proposal, we have budgeted one (1) meeting and estimated ten (10) hours of in office time to support this phase of work. 3.2 Conformed Set Should any questions that arise during the bid set necessitate changes to the 100% document and/or specification set, EDSA will update our documentation up to one (1) time to address the modifications. This new set will serve as the construction set for the project. 3.3 Construction Period Services The Construction phase will commence with the award of the contract for construction. EDSA shall be available for project review, as it directly relates to the Construction Documents described above. These services shall be oriented toward reviewing the progress of site construction, specifically design and aesthetics of the site work, and preparing written documents advising the Owner of the items which appear to need correction. EDSA shall assist the Owner and contractor in the interpretation of the requirements of the Construction Documents and shall render interpretations necessary for the proper execution of the work with reasonable promptness. EDSA shall also review and take appropriate action upon the contractor's submittals, such as shop drawings, product data, and samples, but only for conformance with the design concept and with the information given in the Construction Documents. During this stage of work, EDSA shall visit the site, and attend construction meetings at key intervals. EDSA will report to the Owner as to the status of the implementation of our scope of work and outline field sketches as needed to ensure the design intent is met. EDSA shall provide project record documents based on annotated drawings prepared by the contractor. For the purposes of this proposal, the scope of services and fee for Construction Observation will be provided on an hourly basis. For the purposes of this proposal, we have budgeted five (5) site visits and up to eighty (80) hours of in office time to support this phase of work. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 8 of 14 GENERAL NOTES Project Specific Notes a) Assumptions: a. Tetra Tech will provide the title block template for all presentation documents. EDSA will utilize the title block to format each set of deliverables. b. All submissions to the City or to Tetra Tech will be in digital, PDF format, not printed format. b) For the purposes of this proposal only, excluding any future projects with either the City or Tetra Tech, EDSA has agreed to the reduced General Rate Schedule as depicted in Exhibit A. Further references to the rate schedule listed in this agreement reference the rates reflects within the Exhibit A. c) Each Task outlined will be one (1) submission. Revisions will be addressed in subsequent submittals. d) Additional submissions or revisions will require additional services. Revisions/submissions will be billed at an hourly rate per EDSA's General Terms and Conditions and Rate Schedule. Exclusions a) Architecture and design of any buildings or structures b) Interior hardscape design & furniture selection. c) All roofing and waterproofing details. d) Engineering related to Swimming pools and water features. e) Lighting Design and photometrics. f) Civil Engineering (Final Grading, subsurface drainage and utilities). g) MEP Engineering. h) Structural Engineering. i) Coastal Engineering. j) Signage and Wayfinding Design. k) Public Art Design. 1) Audio/visual services. m) Survey plans and surveying services. n) Construction and implementation of proposed improvements. o) Any revisions to the project scope resulting from changes initiated by client, architect or consultants and that are in excess of the included revisions described in each phase above. p) Probable cost of construction or quantity surveying. q) As -Built Drawings. r) Local partners or sponsors. s) Commissioning of water features, lighting and irrigation systems. t) Permitting and approvals. These will be the responsibility of the Owner and/or Architect of Record. u) Preparation and stamping of shop drawings shall be by the contractor's engineer. v) Other services not specifically enumerated and identified herein as included in the scope of services. Deliverable Exclusions a) CAD drawings will not be provided until the Design Development phase unless otherwise noted. b) CGI renderings in addition to those already included in the scope of services. c) Building Information Modeling (BIM) - EDSA will produce basic site modeling and coordinate Revit information with the Design Team to that extent. However, the primary documentation will remain in AutoCAD and related 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 9 of 14 software until practical BIM options for landscape architecture are available. If the project requires full BIM workflows for landscape architecture throughout, EDSA will reassess fees accordingly. d) Marketing -oriented 3D modeling and animations or fly-throughs. Requirements The Client will be responsible to provide EDSA with the required information during the detailed design process. EDSA and the Design Team will rely on information and input from the Client and Owner's representative to include the following: a) Certified property survey including boundary, topography, tree survey, aerial photographs and existing conditions, and features. EDSA will rely on the accuracy of this information. b) Site conditions including public utilities, geographic conditions, rights of way, restrictions, easements, deed restrictions, environmental impact reports, environmental impact reports and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. c) Survey and site conditions data will be provided to EDSA in electronic file format compatible with AutoCAD. d) The Client will provide EDSA with all zoning and planning requirements and will be responsible for securing planning, zoning and environmental impact report approvals from all relevant municipalities and government agencies. e) This proposal assumes that coordination of submittal package information and the actual submittal process for governmental approvals will happen through the Client and City. f) The Client will provide all necessary development program and budget information for the project. In addition, the Client and Owner's representatives will establish a schedule for the project. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 10 of 14 PROJECT SCHEDULE, MEETINGS, + FEES PROJECT SCHEDULE a) Upon execution of this agreement, the Client shall finalize a project schedule and / or major milestones dates related to the landscape project deliverables. The fee is based upon the assumption that each phase will commence promptly after the owner's approval to the prior phase. In the event of delay between phases, whether due to a failure to receive the City's approvals, Client's approvals, governmental approvals or otherwise, the fee will be modified accordingly to account for such delay. b) Our team is prepared to commence preparation immediately upon approval of this proposal and receipt of the initial payment. PROJECT MEETINGS EDSA will prepare for and attend the following meetings: Quantity Phase/ Contract Section Purpose (City Meetings) Location One (1) 60% Design Development Presentation to review Documents Virtual/ Web Based call One (1) 90% Cl Construction Documents for permitting Presentation to review Documents In Person or Virtual/ Web Based call One (1) 90% Cl Construction Documents for permitting Plan Review Virtual/ Web Based call One (1) 100% CD Construction Documents for bidding Plan Review In Person or Virtual/ Web Based call One (1) Bidding Assistance Bidding support Virtual/ Web Based call Five (5) Construction Period Services Site visit to review work Site EDSA assumes that each meeting times will not exceed 1 hour with the exception of the Kickoff Charette which is anticipated to be up to 3 hours. Additional meetings will require additional services. Meetings will be billed at an hourly rate per EDSA's General Terms and Conditions and Rate Schedule. PROJECT FEES The above -described landscape architectural work can be provided for the following fee, broken down by stage as followed in Exhibit B. Refer to Exhibit A for Rate Schedule. Note: The above referenced fees are net of any and all taxes or tariffs. EDSA will require a 20% mobilization fee to initiate the work. Reimbursable Expenses: a) Travel expenses in connection with the Project are NOTincluded in this proposal and will be billed at a reimbursable rate. b) Costs of CGI renderings, photographs and models beyond those outlined in the above scope and deliverables. c) Expense of Professional Liability Insurance dedicated exclusively to the Project, or additional insurance coverage requested by the client. d) Costs of printing, reproduction, postage and delivery of drawings required for submission or coordination requested by client, City or consultants. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 11 of 14 e) Services of professional consultants, including engineers or specialists. Any costs for necessary external services to be approved by the client prior to moving forward. f) All fees associated with permits and/or plans processors (expeditors). g) Other Project -related expenditures approved in advance by the client. h) All reimbursable expenses will be billed to the client at cost. Approval of Services/ Changes to Approved Services a) The Landscape Architect will only proceed with a phase or design package after receiving the Client's written approval of the services and deliverables provided in the previous. b) Revisions to drawings or other documents will be considered Additional Services when made necessary due to Client- requested changes to previously approved drawings or due to Client changes to previously established budget, program, project complexity, size, and/or scope. c) If EDSA is requested to provide additional submissions outbound of those listed in the provided Scope of Services, EDSA will need to receive the request in writing. Changes to that portion of the Scope of Services will be billed at an hourly rate. d) Quantity and method of deliverables will be the decision of the Landscape Architect provided they are sufficient to describe the design intent and coordinate with the design team. Approval of submittals will not be withheld due to any requirements communicated after drawings have been submitted. e) Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. f) Team changes (General Contractor, Client Representative, Consultants and Joint Venture). g) Budget requirements which require significant changes or modifications to approved drawings. h) Significant time spent to review contractor substitutions. i) Time spent to address program or design changes by the Owner or operator, or major field revisions caused by construction issues of other disciplines. j) Separation of the project construction into phases or other development strategies that may be employed that require multiple packages or repackaging of construction documents. k) Extensions of construction time. 1) Payments are due upon Submission of the specific task being submitted as outlined above and are not contingent upon Government or Client approvals. m) In an effort to meet project timeframe, EDSA will require written comments from the Client in advance of proceeding into the next stage of work. Comments must be coordinated and representative of all necessary entities of the Client team and will provide a clear direction for the next steps of design. n) EDSA will revise the design packages if errors are caused by the fault of EDSA. The efforts associated with these changes will be at no charge to the client. However, if through the fault of others or other program changes, EDSA has to make changes to the design packages, then these changes would be deemed an additional services and EDSA will seek authorization from the Client, and an appropriate fee before completing the work. o) A detailed project schedule was not provided by the City upon the authoring of this contract. Fees are calculated based on the anticipated effort for each task. Additional services may be required if the project schedule and consultant involvement extend above and beyond what has been anticipated within this Scope of Services. Invoicing/Payment Schedule: a) Invoices for work complete will be submitted monthly. b) EDSA will not begin work until the mobilization payment has been received and requires a two -week mobilization period. c) Payments are due and payable 30 days from the date of the Consultant's invoice. Invoiced amounts unpaid 45 days after the invoice dote shall be deemed overdue and shall accrue 1.5 % interest per month and may result in a suspension of services. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 12 of 14 d) If for some reason, after EDSA's submission of the deliverable, the Client delays payment for any reason, EDSA is to be paid in full within two weeks of said delay. If the delay extends pass thirty (30) days, then EDSA will due a remobilization fee, or no less than $20,000 USD ($). e) EDSA will require payment/ payment confirmation in advance of proceeding into the next stage of work. All of us at EDSA would like to thank you for the opportunity to work with your team on such an exciting project. We also are looking forward to deepening our relationship with Tetra Tech and collaborating with the City of Miami. Please feel free to call me if you have any questions or if there are any modifications to this proposal. If the above is agreeable, please send us a signed copy of this proposal. Once mobilization is received, we will schedule the design team immediately. We welcome a call with you to initiate the project. Yours faithfully, Betsy Suiter, ASLA Vice President cc: Courtney Moore Pablo Massari Andrea Quintero Marketing Attachments: General Terms & Conditions APPROVED and ACCEPTED this M Now Scott LaMont, ASLA Principal day of , 2021 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 13 of 14 Exhibit A 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com edsa ...................................................................... A. Introduction: GENERAL TERMS AND CONDITIONS These General Terms and Conditions are part of the attached Agreement and are hereby incorporated by reference. If EDSA does not receive a response to the Agreement within ninety (90) days, fees and conditions for design services may be subject to change. Your acceptance of this Agreement constitutes your acceptance of the foregoing General Terms and Conditions. B. Standard of Care: The standard of care for all professional services performed orfurnished by EDSA underthis Agreement will be of the skill and care used by landscape architects practicing under similar circumstances, atthe same time, and in the same locality. C. Requirements of Client Furnished Information: Client shall provide EDSA with a development program and site information regarding the requirements and objectives for the Project. Additionally, EDSA shall rely upon the accuracy and completeness of any information, reports, and/or site surveys/base information supplied by Client or others authorized by Client. Client warrants that it is the copyright owner or has permission from the copyright owner to use and/or transmit the design documents or any other information ("Design Documents") to Consultant for its use on the Project. Client hereby releases the Consultant and any of Consultant's sub-consultant(s) from all claims and causes of action arising from Consultant's use of the Design Documents. Client, to the extent permitted by law, further agrees to indemnify and hold harmless Consultant and any of its sub -consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Consultant's use of the Design Documents. Upon notice by EDSA, Client shall defend EDSA with counsel chosen by EDSA. The parties agree that this duty to defend is separate and distinct from any indemnity obligation, and the duty to defend shall apply regardless of whether the Client is obligated to indemnify EDSA. Client's obligation to indemnify EDSA against any attorneys' fees or other costs or expenses incurred by EDSA in connection with the defense of any claims or causes of action within the scope of this Paragraph shall be construed as a separate item of indemnification which shall be an absolute obligation of Client even if such claims or causes of action are invalid or groundless. D. Responsibilities During Construction Phase: If EDSA's services under this Agreement do not include construction administration related services for the Project, then Client assumes all responsibility for the application and interpretation of EDSA's drawings, specifications, and other instruments of service; the observation and evaluation of Contractor's work and the performance of any other necessary construction phase landscape architectural or professional services; and Client waives any claims against EDSA that may be connected in any way thereto. Client Initials EDSA General Terms and Conditions Page 2 of 4 E. Out -of -Pocket Expenditures: Unless otherwise stated in the attached Agreement, Client shall pay all out-of-pocket expenses, in addition to professional fees. Out-of-pocket expenses are defined as actual expenditures made by EDSA, their employees, and/or sub -consultants in the interest of the Project and include, but are not limited, to the following expenses: 1. Air travel, including departure taxes and related airline/agency fees ((Business Class on flights of three (3) hours or greater); 2. Hotel accommodations; 3. Meals; 4. Ground transportation (i.e., rental cars and taxis); 5. Postage, telephone, express mail, and courier services; 6. Photocopying, reproductions, and printing costs; 7. Photographic supplies and processing; a. Study model materials; 9. Client authorized consultants engaged to create/complete special renderings, models, and photography. The above listed items may be billed at actual cost incurred plus a 10% Administrative Fee. F. Ownership of Documents: All documents prepared or furnished by EDSA pursuant to this Agreement are instruments of EDSA's professional service. Upon payment in full for services rendered, EDSA shall grant joint ownership of such documents. Reuse, reproduction, or modification of such documents by Client without EDSA's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold EDSA harmless from all claims, damages, and expenses including attorney's fees arising from such reuse by Client or others acting through Client. G. Use of Electronic Media: Copies of documents that may be relied upon by Client are limited to printed copies (also known as hard copies) that are signed or sealed by EDSA. Electronic files in text, data, graphic, or other formats furnished by EDSA to Client are for convenience only. Any conclusion or information obtained or derived from such electronic files will be at the sole risk of Client. When transferring documents in electronic media format, EDSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those in use by EDSA at the onset of the Project. H. Additional Services Outside Agreed Upon Scope: Services requested by Client or Client's Representative that are in addition to the Scope of Work listed in the Agreement will be considered Additional Services and reviewed, at that time for additional fees. Additional services shall be provided if authorized by the Owner. These additional services may include, but are not limited to: 1. Services related to revisions and/or additions to drawings, specifications, or other documents outlined, when such revisions are inconsistent with instructions previously given or are a result of program modifications, change to previous direction, or governmental reviews; 2. Scope of work changes in project size, scope, area, complexity, and budget; 3. Documentation, assistance, and coordination of on -site visits or representation beyond what is outlined; 4. Team changes in General Contractor, Client Representative, Consultants and/or Joint Venture; 5. Schedule changes related to meetings, duration, and phasing; 6. Significant time spent to review Contractor substitutions; Client Initials EDSA General Terms and Conditions Page 3 of 4 7. Time spent addressing program/design changes or field revisions by the Owner or Operator caused by construction issues of other disciplines; 8. Budgeting or value engineering requiring changes or modifications to complete and approve drawings; 9. Separation of the project construction into phases or other development strategies requiring repackaging of construction documents; 10. Extensions of construction time; 11. Preparation of professional plans, drawings, documents and/or renderings beyond what is detailed in the scope of deliverables; 12. Cost estimating; 13. Documentation specific to LEED certification Compensation/Invoicing: All fees and reimbursable expenses will be invoiced monthly and shall be payable in net U.S. Dollars by wire transfer or by check drawn upon a U.S. Bank, unless otherwise stated in this Agreement. The Client understands and acknowledges that these fees are net of any non-U.S. taxes and/or tariffs. If a retainer is received by EDSA, it will be applied to the final payment due unless otherwise stated in this Agreement. In the event Client should use a foreign bank as its payment bank, Client shall wire the funds in U.S. Dollars, net of any transaction fees, to EDSA's local bank using the following information: ABA NUMBER: SWIFT NUMBER: CREDIT: ACCOUNT NUMBER: SunTrust Bank 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 061000104 SNTRUS3A EDSA, Inc. 1000114180770 Please indicate Project name and/or number to be credited. All invoices are payable upon receipt. In the event payment is not received within thirty (30) days of invoice date, the past due balance may be assessed an interest penalty of one and one-half percent (1 1/2%) per month. J. Termination Rights: In the event EDSA does not receive payment within sixty (60) days, EDSA may stop work on the Project until payment is received. Such stoppage of work by EDSA will not be deemed as a default under the terms of this Agreement. Under this scenario, an additional fee may be required to restart work due to non-payment. Client may terminate this Agreement for cause, with seven (7) days prior written notice to EDSA. EDSA may terminate this Agreement for cause with seven (7) days prior written notice to Client. Failure of Client to make payments when due shall be cause for suspension of services or ultimately, termination, unless and until EDSA has been paid in full for services rendered, expenses incurred, and other related charges. In the event that the Project is suspended for more than forty-five (45) days, through no fault of EDSA, EDSA shall be entitled to payment for services based on a percentage of completion for all completed work. In the event of termination, EDSA shall be compensated for all services fully and satisfactorily performed up until such termination date, together with reimbursable expenses incurred. Client Initials EDSA General Terms and Conditions Page 4 of 4 K. Dispute Resolution: The Client agrees that this Agreement shall be interpreted according to the laws of the state where the contracting EDSA office is located, and agrees to reimburse EDSA for reasonable attorney's fees, court costs, and all expenses including without limitation, all such fees, costs, and expenses incidental to arbitration, appeals, and post -judgment proceedings that it may expend in enforcing this Agreement. In the event of any such dispute, Client agrees that the ultimate court venue will be located in Broward County, Florida. L. Execution/Duration: Signature of the attached Agreement will signify Client's acceptance of all the Terms and Conditions outlined herein. Accordingly, Client warrants that the necessary funds are available to pay EDSA for the services and expenses outlined in this Agreement and that these funds are not encumbered nor contingent upon subsequent approvals, permits, or financing commitments. This Agreement will be valid for the duration of the Project. Client Initials 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 14 of 14 Exhibit B 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Brickell Bay Resilency (Miami, Florida) Project No. Description: Consultant Name: EDSA Contract No.: Date: 11/8/2021 Estimator: insert name STAFF CLASSIFICATION Staff Hours Salary Average By Cost By Rate Per Job Classification Staff Applicable Rate Principal Project Manager TBD TBD Rate: $68.96 Rate: $46.78 Landscape Architect] Designer 1 TBD Rate: $40.20 Landscape Architect] Designer 2 TBD Rate: $33.32 Landscape Architect/ Designer 3 TBD Rate: $26.15 Project Administrator TBD Rate: 29.42 Work Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Activity Activity Task 1 Design Development 8 $552 80 $3,742 280 $11,256 150 $4,998 280 $7,322 798 $27,870 $34.92 2 90%Construction Documents 8 $552 80 $3,742 320 $12,864 180 $5,998 290 $7,584 878 $30,739 $35.01 3 100%Construction Documents 6 $414 20 $936 70 $2,814 70 $2,332 70 $1,831 236 $8,326 $35.28 4 Bidding Assistance 8 $552 16 $748 35 $1,407 20 $666 20 $523 99 $3,897 $39.36 5 Conformed Set 4 $276 16 $748 40 $1,608 30 $1,000 20 $523 110 $4,155 $37.77 6 Construction Period Services 10 $690 40 $1,871 80 $3,216 40 $1,333 40 $1,046 210 $8,156 $38.84 Estimated Total Staff Hours 44 252 825 490 720 2,331 Total Staff Cost $3,034.24 $11,788.56 $33,165.00 $16,326.80 $18,828.00 $83,142.60 $35.67 Total %of Work by Position 1.9 % 10.8 % 35.4 % 21.0 % 30.9 % 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) EDSA: The Applicable Rates are calculated based on a lump sum fee and area only applicable to this fee chart associated with the Brickell Bay Resilency Projec Subconsultant: Irrigation Subconsultant: Technical Specifications ESTIMATE OF SURVEY CREW COSTS Subconsultant: Sub 3 3 - man Survey Crew: crew days at Subconsultant: Sub 4 4 - man Survey Crew: crew days at Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Notes: Geotechnical Field and Lab Testing: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. Survey Fee (or Survey Crew Fee): 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden Other Misc. Fee: Enter Fee Description 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope 3 - SUBTOTAL ESTIMATED FEE: and Staff Hour Estimation Handbook. Additional Services (Allowance) Reimbursables (Allowance) City of Miami, C.I.P. Form 117: Created 8/24/09-Revised 11/20/12 GRAND TOTAL ESTIMATED FEE: $241,113.54 $4,500.00 $13,000.00 $258,613.54 $258,613.54 $258,613.54 BISCAYNE ENGINEERING August 12, 2021 Tetra Tech 6303 Blue Lagoon Dr., Suite 305 Miami, FL 33126 Attention: Diana M Santander, P.E. Sr. Project Manager PROPOSAL Transmitted via E-mail to: diana.santander@tetratech.com Direct: (305) 908-1427 Business: (305) 908-1420 Mobile: (305) 458-8293 Fax: (305) 264-1805 RE: PROFESSIONAL SURVEYING & MAPPING SERVICES AT BRICKELL BAY DRIVE NEIGHBORHOOD Dear Ms. Santander, Thank you for your interest in Biscayne Engineering (BE). In response to your recent request for surveying services on the above -mentioned project, please accept the following proposal for your review and consideration. Scope of Services: Biscayne Engineering shall provide a Topographic Survey of the Survey Limits as shown on Attachment "A" based on the information within the e-mail chain received from Tetra Tech on August 9, 2021 at 3:28 PM and subsequent phone call. The Survey Limits proposed herein will be incorporated into the existing Topographic Survey of Brickell Bay Drive prepared by BE (See Attachment "B"; referenced Survey Project Length = 2,350 L.F. ±. Project Area = 204,000 S.F. ±. Survey limits consist of the following segments: 50' beyond right-of-way on Brickell Bay Drive (1,300 L.F. ±) Bounded by SE 1411 Street (North) and SE 1511 Road (South) and adjacent to the limits of the existing survey (this segment accounts for an additional 30' beyond the right-of-way of Brickell Bay Drive. SE 151h Road (800 L.F. ±) Bounded by the centerline of Brickell Avenue on the West and Brickell Bay Drive on the East adjacent to the limits of the existing survey. SE 141h Street (250 L.F. ±) Bounded by the west side of the intersection with the northerly extension of Brickell Bay Drive to the west and Brickell Bay Drive on the East adjacent to the limits of the existing survey. Extended Limits along Biscayne Bay Portion of Brickell Harbour Condominium property along Biscayne Bay including dock facilities, a circular deck area, the driveway, and the portion of building facing SE 151h Road. NOTE: Survey limits will extend 50 feet beyond the Westerly Right -of -Way of Brickell Bay Drive along the curved portion. At intersecting streets, such as SE 141h Street and SE 151h Road, the survey limits will be 20 feet beyond their rights -of -way. The Easterly offset along Biscayne Bay will be 10 feet into the water (seabed elevations at toe of seawall and 10 feet in bay). Premises that are locked and inaccessible will not be included in survey. Refer to Attachment "A" for diagram depicting the survey limits described herein. INSPIRED BEYOND MEASURE • SINCE 1898 CORPORATE HEADQUARTERS 529 West Flagler street, Miami, FL 33130 Tel. 305.324.7671 Fax 305.324.0809 www.BiscayneEngineering.com info@BiscayneEngineering.com PALM BEACH BRANCH 449 NW 35`^Street, Boca Raton, FL 33431 Tel. 561 .603.2329 Fax 561.609.2317 TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 2 Topographic Tasks Shall Include: Location and identification of improvements including asphalt pavement, pavement markings, buildings, concrete pads, sidewalks, driveways, hydrants, valve boxes, water/electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, guy wires, utility poles, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, driveways, right-of-way limits, landscaping, trees three (3) inches in diameter or greater (trees will not be measured or identified), traffic signage (type of sign will not be identified), other free standing signage, pavement striping, any other visible improvements within the Survey limits (excludes underwater features except noted elevations), and any other utility records provided. Specifically, the survey will: • Provide the rim, top, bottom of structure, and invert elevations of existing sanitary sewer manholes, drainage culverts, manholes, and catch basins. City shall provide access to locked and/or restricted access structures. City is responsible for facilitating access to structures including those within parking spaces that may be obstructed by parked vehicles. • Locate and/or provide permanent construction controls on site in State Plane Coordinates (1983 adjustment) and vertical control based on North American Vertical Datum of 1988 (NAVD88). Horizontal control data shall be relative to the Florida State Plane coordinate system, East Zone, North American Datum of 1983/2011 adjustment. • Show platted rights -of -way, platted easements, and property boundaries (based on available resources and not title work) on the survey for the project route. Any easements shown will be based on platted easements. As such, there may be easements or other exceptions that may affect the property not shown without having a title search or opinion of title provided to the consultant. • Recover right-of-way monumentation and/or re-establish to provide rights -of -way lines throughout limits of project. This will require field recovery of centerline control and property corners through each listed street. • Provide a DTM of the areas and cut cross sections at 50-foot intervals along the rights -of -way to extend 20 feet beyond the right-of-way lines and include elevations at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). • Provide centerline elevations at 25-foot intervals within the rights -of -way and roadways. Other elevations will be provided at 50-foot intervals minimum and will include edge of pavement, flow line, top of curb, and back of sidewalk elevations (and will extend 20-50 feet beyond the right-of-way lines). • Show survey features, baseline, baseline points, and drainage information, including inverts, pipe size, material, and direction of visual. • Subsurface Utility Excavations (SUE): Twenty (20) test holes will be performed by InfraMap. The report will include data sheet for every test hole performed and a summary table of verified utility detailing the test hole information. • Prepare digital maps that shall delineate all field collected data as well as existing limits of nearby public rights -of -way (CAD files will be provided; "dwy', "dgd', and "tir9' files compatible with Autodesk Civil3D). Submerged Lands Research Shall Include: • Research the Florida Department of Environmental Protection (FDEP) Board of Trustees Land Document System and identify any available documents affecting the submerged lands within the survey limits depicted herein. BE will plot and reference any instruments that affect said submerged lands on the survey. As such, there may be instruments that affect the property and are not available in the Board of Trustees Land Document System or shown without having a title search or opinion of title provided to the consultant. This proposal does not consider costs for title work. NOTE: THIS IS NOT A BOUNDARY SURVEY. Pa TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 3 EXCLUSIONS: • Manhole Connections. • Clearances under power lines, mast arms, etc. • Title Work, Table "A" Options, and FEMA Flood Certificates will not be considered. • Mean High Water Line or Tidal Water Survey (Water levels will not be considered). • Tree Table or tree identifications. • Finished Floor Elevations • Right-of-way lines will be based on plats, the City of Miami Municipal Atlas, and information available on the Miami -Dade County Property Appraiser's website (Surveyor cannot "confirm" Right-of-way lines without title work and will depict Right- of-way lines based on the aforementioned resources). DELIVERABLES: • 4 Signed and Sealed copies of the Topographic Survey (24"x36"). • Signed and Sealed PDF version of the Topographic Survey. • CAD File. • Digital Terrain Model (DTM) in digital format (XML File). Cost Estimate: Special conditions that affect the cost are as follows: Access to gated properties and buildings, safety concerns with traffic along the roadways and sidewalks, numerous sewer structures to be located and detailed (with limited access due to locations within parking spaces and busy roadways), submerged seabed elevations in Biscayne Bay that will require the use of a boat and additional field crew personnel. Services described in Section I. above, (Scope of Services), shall be provided by Biscayne Engineering Company, Inc. for a fee as follows: Topographic Survey & Submerged Lands Research: $29,350.50 SUE Work (20 test holes by InfraMap) : $8,717.80 NOTE: • This proposal is limited to the Scope of Work described herein. Any other services that may be needed will be performed in accordance to Biscayne Engineering Hourly Rates Schedule. TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 4 III. General Conditions: 1. Written authorization to proceed is required. If acceptable, please execute this proposal and return it to us (by fax or mail) fax: (305) 324-1700 or (305) 324-0809. 2. Payment is due in full upon completion/delivery. In the event that client fails to pay surveyor within thirty (30) days from date of invoice, or the surveyor finds the survey conditions significantly different than originally agreed upon or that adequate site access is not provided, the client agrees that the surveyor has the right to consider these actions or non -actions to be a total breach of this contract. Upon written notice to the client by the surveyor, the responsibilities and obligations of this contract are terminated. The client in such case shall be obligated to pay the surveyor for all services rendered to that point in time. 3. This is a professional service agreement based on fixed scope of services. Additional service requires additional cost estimate and new agreement. It is a good faith estimate based on Biscayne Engineering's experience performing this type of work. 4. Upon signature of proposal, client agrees to the location of the property as described in Attachment "A". 5. This proposal is valid for 30 days from date first above written. We truly appreciate the consideration you have shown our company in your request for surveying services. We will constantly strive to meet your expectations while adhering to the strict requirements, which govern our profession. Respectfully submitted, BISCAYNE ENGINEERING COMPANY, INC. Alberto J. Rabionet, PSM Project Manager AUTHORIZATION Written authorization to proceed is required. If acceptable, please footnote this proposal and return it to us (by fax or e-mail) fax no: (305) 324-1700 or (305) 324-0809, E-mail: info@ biscayneengineering.com Name Signature Company 1'! Title Date PROPOSED SITE LIMITS FOR BRICKELL BAY DRIVE AREA SURVEY• , ATTAC H M E N T „A„ - s T x. 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I, Tf v- `T_ 1" [ V U H3 -Pt LIE Ck-JNTY, -LOR3 DA All � I CFI► '� � I�rr - i i :♦ - �� TOPOOR""m RURVUT H141CWH I F.A' All', �-, IV IA1411, 1-1 :'ON/ITEON'- I -7— kl:A" I r'lt H3 -Pt DE C-::-JNT\t, —LOR3 DA 7r- At 81 wmd OV hhA 4L. r.cl_rl r)r) ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Brickell Bay Drive Neighborhood Roadway Improvements Project No.: B-000000 Description: Topographic Survey- Brickell Bay Drive Neighborhood STAFF CLASSIFICATION Consultant Name: Biscayne Engineering Co. Contract No.: Date: 8/18/2021 Estimator: Mike Bartholomew Job Classification Project Manager Surveyor & Mapper CADD Technician Position 4 Position 5 Position 6 Position 7 Staff Hours Salary Average Staff Mike Bartholomew W. Hueck I. Volovelsky name name name Applicable Rate Rate: $57.69 Rate: $49.04 Rate: $21.00 Rate: Rate: Rate: Rate: By Cost By Rate Per Work Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Activity Activity Task hours hours hours hours hours hours hours 1 Establish vertical and horizontal control network 0.50 $29 4.0 $196 8 $168 12 $393 $32.75 (Level run, Traverse, and GPS observations) 2 Topographic Survey @ 500 feet per day along SE 14th Street 1.00 $58 8.0 $392 8 $168 40 $618 $15.45 roadway (to include 50' sections) 3 Topographic Survey @500 feet per day along divided SE 15th 2.50 $144 20.0 $981 20 $420 8 $1,545 $193.13 Road roadway (to include 50' sections) 4 Location of structures and inverts, approx. 25 1.00 $58 4.0 $196 12 $252 12 $506 $42.15 (plus or minus 20 per day) 5 Topographic Survey @ 50 feet beyond right-of-way along Brickell 1.00 $58 12.0 $588 16 $336 4 $982 $245.54 Ba Road 6 Topographic Survey @ extended limits along Biscayne Bay 1.00 $58 8.0 $392 12 $252 $702 7 Right of Way Determination & Baselines 2.00 $115 8 $392 8 $168 18 $676 $37.54 8 Submerged Lands Research 2.00 $115 8.0 $392 8 $168 18 $676 $37.54 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Total Staff Hours 11 72 92 72 Total Staff Cost $634.59 $3,530.88 $1,932.00 $6,097.47 $84.69 Total% of Work by Position 15.3% 100.0% 127.8% ESTIMATE OF SURVEY CREW COSTS 1 3 - man Crew Party 12.0 crew days at $972.32 / day = $ 11,667.84 4 - man Crew Party: crew days at / day = Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Forth 117. Created 8/24/09 1 -SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: InfraMap Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $17,682.66 $8,717.80 $26,400.46 $ 11,667.84 $38,068.30 $38,068.30 MOWN r%1*1 PROGRAM CONTROLS INC November 31 2021 Diana M Santander, P.E. Sr. Project Manager, Tetra Tech 6303 Blue Lagoon Dr., Suite 305 Miami, FL 33126 RE: 18-19-042 - Brickell Bay Drive Improvements, City of Miami Proposal for Project Controls Services Dear Diana: Thank you for giving the opportunity to Program Controls, Inc. (PCI) to support the controls functions for the subject project. As requested, please see following proposal for our services based on the revised Scope of Services. This proposal supplements the previous proposal provided October 2020, which includes 3 conceptual estimates and a Class 4 estimate for the final design concept, which will now be the 30% design estimate. DESCRIPTION OF TASKS AND ACTIVITIES: A2.07-03 - Task 2 — Additional Design Development Cost Estimating • Develop a 60% estimate in accordance with AACE Class 3 estimate guidelines • Develop a 90% estimate in accordance with AACE Class 2 estimate guidelines • Develop a Bid Set estimate in accordance with AACE Class 1 estimate guidelines A2.07-03 - Task 3 — Scheduling • Develop a CPM schedule for the Bid Set submittal • Bid Schedule Preparation will include - a. Review of design and contract documents for scope b. Site visit and assessment of current conditions c. Development of WBS from scope d. Develop Activity durations and dependencies e. Develop Schedule and Critical Path FEE SCHEDULE: The lump sum fee of $89,519.00 is based on the current project scope and above outlined services for the project, and broken down as follows: • Additional Cost Estimating at 60%, 90% and Bid (3 total) - $71,609 • Bid Schedule - $17,910 1 MOWN r%*1 PROGRAM CONTROLS INC ASSUMPTIONS AND EXCLUSIONS: PCI will immediately notify of all potential additional services beyond the scope outlined above and an authorization to proceed will be obtained before proceeding on such services. Some of which may include — • Estimate Revisions including Alternates and/or Concept Revisions beyond those noted above. • Life Cycle Cost Estimating • Estimate Reconciliations • Change Order Review or Negotiation • Schedule Narrative or Implementation Plan • Review of Contractor Baseline and Schedule Updates • Requests for "what -if' scenarios. • Time Impact Analyses, Claims analysis and support. • Financial Alternative Analysis • Cost or Schedule Risk Analysis • Additional meetings or field visits beyond those noted above • Any construction phase services • Any other services not specifically outlined above Thank you again for your consideration and please feel free to contact us, should you have any questions or comments on the above. Sincerely, PROGRAM CONTROLS INC. Julian G. Ortega, PSP, LEED AP Vice President — Construction Services jortega@programcontronsinc.com CC: Ashish Kumar, Julio Lostao 2 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Program Controls Inc. Contract No.: enter consultants proj. number Project: Date: 11/5/2021 Project No.: B- Description: Estimator: Julian Ortega STAFF CLASSIFICATION Job Classification Principal Project Manager Lead Scheduler Estimating Manager Lead Estimator MEP Estimator Senior Scheduler Staff Hours Salary Average Staff Ashish Kumar Julian Ortega Eduardo Tude Julio Lostao Marco Osorio William Chow Frances Tatis Rios Applicable Rate Rate: $200.00 Rate: $200.00 Rate: $200.00 Rate: $200.00 Rate: $196.04 Rate: $145.37 Rate: 165.16 By Cost By Rate Per Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 2 30% Estimate (Included above) 3 60% Estimate 4 90% Estimate 5 Bid Estimate 6 Bid Schedule 6 6 6 40 $1,200 $1,200 $1,200 $8,000 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 60 $9,910 100 $17,910 $179.10 Total Staff Hours 58 120 180 60 60 478 Total Staff Cost $11,600.00 $24,000.00 $35,287.20 $8,722.20 $9,909.60 $89,519.00 $187.28 Total % of Work by Position 12.1 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = $ - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. 4. Shaded rates are capped per contract. City of Miami, C.I.P. Form 117: Created 8/24/09 - Revised 11/20/12 1 - SUBTOTAL ESTIMATED FEE: (multiplier included) $89,519.00 Subconsultant: Enter Name of Sub 1 Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: $89,519.00 Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): $ - Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: $89,519.00 Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $89,519.00 Wragg &Casas PUBLIC RELATIONS INC. November 10, 2021 Ms. Diana Santander TetraTech, Inc. 6303 Blue Lagoon Drove Suite 305 Miami, FL 33126 Please see below our proposal for outreach services for the construction phase of the Brickell Bay Drive Design, Tetra Tech Project No. 200-53033-21002, Task A2.10. Public Engagement Strategy and Scope of Work For Brickell Bay Drive Improvements Project The public engagement plan is designed to inform all stakeholders of the project and its benefits and to facilitate their acceptance through a communications campaign that solicits and incorporates meaningful feedback from all stakeholders. Wragg & Casas will inform, educate and help update local residents, businesses and neighboring stakeholders on the benefits and progress of the program during the construction phase. This will include: • Messaging: Support City of Miami staff in creating messages, advisories, talking points and social media content as appropriate. o Staff time: 30 hours • Outreach: Serve as the project's public information office in outreach and delivery of information to residents, businesses and homeowner and business associations. o Staff time: 200 hours • Fees: $36,216.13 We look forward to working with you on this project. Sincerely, Ray Casas ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Enter name of prime or subconsultant Contract No.: enter consultants proj. number Project: Date: 11 /2/2021 Project No.: B- Description: Estimator: insert name STAFF CLASSIFICATION Job Classification Principal Project Director Graphics Manager Position 4 Senior Writer Writer Position 7 Staff Hours Salary Average Staff Ray Casas Jeanmarie Ferrara Mery Lewis ccount Manager TBI Melissa Lichtenheld Jeannette Rivera name Applicable Rate Rate: $69.00 Rate: $67.24 Rate: $34.48 Rate: $53.44 Rate: $60.34 Rate: $60.34 Rate: By Cost By Rate Per Work Activity Man Cost/ I Man Cost/ I Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity -hase 4 Construction 1 Media Releases, advisories, social media content 3 $207 2 $134 15 $905 10 $603 30 $1,850 $61.67 2 PIO -- Outreah to residents, businesses, HOAs 25 $1,725 35 $2,353 125 $6,680 15 $905 200 $11,664 $58.32 Total Staff Hours 28 37 125 30 10 230 Total Staff Cost $1,932.00 $2,487.88 $6,680.00 $1,810.20 $603.40 $13,513.48 $58.75 I ULdi 7e of vvorn uy rosuion IL.L%o to. 170 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ 4 - man Survey Crew: crew days at / day = $ Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Created 8/24/09 - Revised 11/20/12 54.3% 13.0% 4.3% 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.90) Subconsultant: Enter Name of Sub 1 Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $36,216.13 $36,216.13 $ $36,216.13 $36,216.13 1 Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305 Miami, Florida 33126 Attention: Diana M. Santander, P.E. — Senior Project Manager Re: Proposal for Supplemental Geotechnical Services for Proposed Improvements along Brickell Bay Drive From SE 141h Street to SE 151h Road City of Miami, Florida GEOSOL Proposal No. P-221195-B Dear Ms. Santander: August 18, 2021 In accordance with your request on August 16, 2021, Geosol, Inc. (GEOSOL) is pleased to submit this proposal pertaining to geotechnical services for the above -referenced project. As we understand it, the project consists of roadway improvements, milling and resurfacing of the existing roadway, drainage improvements, a new pump station, as well as the design and construction of a seawall replacement along Brickell Bay Drive from SE 14th Street to SE 15th Road in the City of Miami, Florida. GEOSOL previously performed geotechnical services for use in the preparation of the Design Criteria Package for the above -referenced roadway improvements, milling and resurfacing of the existing roadway, drainage improvements, and seawall replacement. As requested, supplemental geotechnical services will be required for the proposed new pump station installation, as well as for providing geotechnical analyses and recommendations for the proposed seawall replacement. As requested, the supplemental geotechnical services will consist of the following: 1) Perform two (2) Standard Penetration Test (SPT) boring to depths of 25 feet below existing grades for the new pump station, 2) Perform two (2) supplemental SPT boring to depths of 60 feet below existing grades for the proposed seawall replacement on the upland side of the existing seawall, 3) Review the results of two (2) SPT borings previously performed for the proposed seawall replacement, 4) Perform a laboratory classification testing on select soil/rock samples. Laboratory testing will include moisture content, percent passing the #200 sieve, grain -size analysis, and organic content. 5) Provide geotechnical analyses and recommendations for the proposed pump station installation and seawall replacement The Standard Penetration Test (SPT) borings will be performed in accordance with ASTM D-1586. Our work can begin immediately upon your notice to proceed. We will begin with our services by coordinating utility clearances at the boring locations. The utility clearance process typically takes up to five (5) working days. Given the scope described herein, we can complete the field study for the site within three (3) working day. The laboratory testing can be completed within a period of five (5) working days. The geotechnical reports can be completed in ten (10) working days after completion of the laboratory testing program. Therefore, we can complete the requested services in about a five (5)-week period upon receiving Notice to Proceed. Based on our interpretation of your requirements, we are willing to complete the geotechnical services and report preparation for a total of $13,656.00. We have enclosed a detailed Fee Proposal for your review. GEOSOL appreciates the opportunity to work with you on these projects. If you have any questions, please do not hesitate to contact us. Sincerely, GEOSOL, INC. Oracio Riccobono, P.E. Senior Geotechnical Engineer/President Attachments: 1) Fee Proposal 5795-A N.W.1515t Street Miami Lakes, FL 33014 GHOST_ Inc. Phone (305) 828-4367; Fax (305) 828-4235 • E-mail: geosolusa@bellsouth.net GEOSOL, INC. FEE PROPOSAL FOR SUPPLEMENTAL GEOTECHNICAL SERVICES Proposed Improvements along Brickell Bay Drive From SE 14th Street to SE 15th Road For Proposed Pump Station Installation and Seawall Replacement City of Miami, Florida GEOSOL PROPOSAL No. P-221195-B DESCRIPTION 1. FIELD INVESTIGATION IA) FIELD ACTIVITIES UNITS # OF UNIT TOTAL UNITS RATE ($) $ SPT Borings, Land (0 to 50): 2 SPT Boring to 25 feet in Depth for Proposed Pump Station Installation FEET 50.0 $12.00 $600.00 SPT Borings, Land (0 to 50): 2 SPT Boring to 60 feet in Depth for Proposed Seawall Replacement FEET 100.0 $12.00 $1,200.00 SPT Borings, Land (51 to 60): 2 SPT Boring to 60 feet in Depth for Proposed Seawall Replacement FEET 20.0 $15.00 $300.00 Temporary Casing (0 to 50) FEET 150.0 $5.00 $750.00 Temporary Casing (51 to 60) FEET 20.0 $6.00 $120.00 Closing Holes = (total depth ofSPT borings) FEET 170.0 $6.00 $1,020.00 Scientist 2 (Test Layout & Utility Clearances) HOUR 6 $84.00 $504.00 SUB -TOTAL (for FIELD INVESTIGATION) $4,494.00 1B) MOBILIZATION/DEMOBILIZATION & MOT COORDINATION Mo i ization of truck mounted rig I EACH 1 1.0 375.00 375.00 SUB -TOTAL (MOB/DEMOB, & MOT COORDINATION) 1 B) LABORATORY PROGRAM Soil Classification perASTMD-3282 andD-2487 EACH 2.0al 150.00 Grain Size perAASHTO T-27 including -200 wash TEST 1.0 55.00 Material Finer than 200 Sieve perASTM C-117 TEST 2.0 80.00 Organic Content Test/Limerockper AASHTOT-267 TEST 2.0 80.00 Moisture Test TEST 4.0 $60.00 SUB -TOTAL (LABORA TORY PROGRAM) TOTAL FIELD INVESTIGATION RI! 11►[f11►11111 N 101010 011111 [e DR $5,294.00 Principal HOUR 6 $200.00 $1,200.00 Senior Engineer I HOUR 16 $190.00 $3,040.00 Project Engineer I HOUR 16 $148.00 $2,368.00 Engineer I HOUR 12 $100.00 $1,200.00 CAD Designer HOUR 4 $103.00 $412.00 ProjectAdministrator HOUR 2 1 $71.00 I$142.00 TOTAL ENGINEERING SERVICES TOTAL GEOTECHNICAL FEES FOR PROJECT $8,362.00 $13,656.00 DATE = 8/18/2021 \TIME = 9:03 AM \ PAGE 1 OF 1 \FILENAME = P-221195-B FEE PROPOSAL GEOSOL ATTACHMENT A CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres EXT. NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Tetra Tech Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑E YES ❑ NO TOTAL CONTRACT AMOUNT: $1,331.000.00 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT iEI PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Contract Execution for RFQ 18-19-042 - Design Criteria Professional for Brickell Bay Drive Improvements COMMISSION APPROVAL DATE: 07/23/2020 FILE ID: 7573 ENACTMENT NO.: R-20-0209 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date I Signature/Print AnniePer z ., .' ,,, „y.� �, , APPROVAL BY DEPARTMENTAL DIRECTOR 10/28/2020 Perez nnle Annie Date:2020.10.28 11:15:08-04'00' SUBMITTED TO RISK MANAGEMENT SUBMITTED TO CITY ATTORNEY Tetra Tech Inc. contract amount to complete a full Design Criteria Package for the Brickell Bay Drive ect 40-8193802 is $1,331,000 - funding is currently available to cover PHI Basic Services of the ract in the amount of $860K as noted in the compensation section 2.04-1 of the contract- Further < under PHII is subject to prior approval by OMB as to funding availability (Yvette Smith 12/1/2020) APPROVAL BY ASSISTANT CITY MANAGER APPROVAL BY ASSISTANT CITY MANAGER Ann-M��i Sharp �gtallysignedbyTerry Quevedo �l Date:2020.10.29 06:58:48-04'00' VIictOrl Mend Z Digitally signed by Min, 11/19/2020 Win, �arna� Y Bamaby Date: 2020.11.19 14:28:09-05,00' RbteRose Digitally signed by Rose, 2/2/2020 Christopher Christopher Date 2020.12.02 nF .sR 49 -nsnn, �iam signed by asamayor, Fernando Fernando Date:2020.12.02 Nzeribe Ihekwaba RECEIVED BY CITY MANAGER 45 /,u Arthur NorieW SUBMITTED TO AND ATTESTED BY CITY Todd Hannon CLERK 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR21013 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Srg siure �P-,� Print Name T110 ATTEST Consultant Secretary (Affirm Consultant Seal, if available) ATTEST TETRA TECH, INC., a Corporation , Signature �Cl/ Z G Mark A Rynning, Senior Vice Pre -dent Print Name.tla of Authorized Officer or Manager t EC4 '>"N� (Corporate Seal) `i rEB 1 # 1id8 W� CITY OF MIAMI, a municipal corporation of the State of Florida Todd 6 Hann Jerk Arthur Nori6)A, V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Digitally signed by Terry M.Ouevedo Date: 2020.10.29 07:00:38-04'00' Ann Marie Sharpe, Director Risk Management Department Design Crtteria Professional for Bnckeii Bay Drive Improvements APPROVED AS TO LEGAL FORM AND CORRECTNESS: Digitally signed by Min, Min Barnaby Damaby � ate:2020.11.19 14:31:06-05.00' Victoria Mendez, City Attomey 19 RFQ No 18-19-042 CERTIFICATE TETRA TECH, INC. To: The City of Miami, Florida I hereby certify to you that I am the duly elected and qualified Senior Vice President, General Counsel, and Secretary of Tetra Tech, Inc., a Delaware corporation (the "Company"), and that, as such, I am authorized to execute this Certificate on behalf of the Company. I further certify to you on behalf of the Company that: Mark A. Rynning, Senior Vice President and President of the United States Infrastructure Division of the Company, are authorized and empowered, in accordance with the Company's Signature Approval Authority Matrix, as approved by the Company's Board of Directors, to sign a bid and resulting agreement related to Professional Services for the Design Criteria Professional for Brickell Bay Drive Improvements. 2020. 1N WITNESS WHEREOF, I have hereunto set my hand as of this 151h day of October, Preston Ho n Senior Vice President, General Counsel, and Secretary ����yq, T ECy �,',P (Seal) �� FEs 4 1988 dr PROFESSIONAL SFRViCES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Tetra Tech, Inc, a corporation organized and existing under the laws of the State of Delaware, held on the 11th day of November, 2019, a resolution was duly passed and adopted authorizing (Name) Mark A. Rynning as (Title) Senior Vice President and President of the United States Infrastructure Division of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect, IN S W , I have hereunto set my hand this 19th, day of October, 2020. Secretary: ._ Print: Preston Hopson CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership, further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: INIdIllUb d1lu duulC"C' UI pd1tilulb. Name I Street Address City State zip Design Criteria Professional for 20 RFQ No 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) 1 HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF I have hereunto set my hand this day of 20 Signed: Print: NOTARIZATION STA OF SS: COUNTY OF ) The foregoing instrL ,20 ,by to me or who has produced _ did not) take an oath. t was acknowledged before me this day of who is personally known as identification and who (did / SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Design Criteria Professional for 21 RFQ No. 18-19-042 Brickell Bay Drive Improvements A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of CALIFORNIA County of LOS ANGELES On _VD 0� g-r 2020, before me, �' L ._ �► - C� ; tx a ¢* Notary Public, personally appeared PRESTON HOPSON, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE D, CLOUTIER COMM. #2211761 z 0 m Notary Public - California a WITNESS my hand and official seal. z '_os Angeles County Carnrn. Tres R . 27, 2D21 PROFESSIONAL SERVICES AGREEMENT CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Professional Services Agreement Contract Type Design Criteria Professional for Brickell Bay Drive Improvements Consultant Tetra Tech, Inc. Contract No. 18-19-042 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS..................................................................................................................... 5 ARTICLE 2 GENERAL CONDITIONS................................................................................................... 7 2.01 TERM..........................................................................................................................................................7 2.02 SCOPE OF SERVICES..............................................................................................................................7 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS....................................7 2.04 COMPENSATION.......................................................................................................................................7 ARTICLE 3 PERFORMANCE................................................................................................................ 8 3.01 PERFORMANCE AND DELEGATION.......................................................................................................8 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL...................................................................................8 3.03 CONSULTANT KEY STAFF......................................................................................................................8 3.04 TIME FOR PERFORMANCE......................................................................................................................8 3.05 STANDARD OF CARE...............................................................................................................................8 ARTICLE SUBCONSULTANTS.........................................................................................................8 4.01 GENERAL..................................................................................................................................................8 4.02 SUBCONSULTANT RELATIONSHIPS......................................................................................................9 4.03 CHANGES TO SUBCONSULTANTS.........................................................................................................9 ARTICLE 5 DEFAULT...........................................................................................................................9 5.01 GENERAL..................................................................................................................................................9 5.02 CONDITIONS OF DEFAULT......................................................................................................................9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE........................................................................................9 ARTICLE 6 TERMINATION OF AGREEMENT................................................................................... 10 6.01 CITY'S RIGHT TO TERMINATE...............................................................................................................10 6.02 CONSULTANT'S RIGHT TO TERMINATE..............................................................................................10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT.........................................................10 ARTICLE 7 DOCUMENTS AND RECORDS....................................................................................... 10 7.01 OWNERSHIP OF DOCUMENTS..............................................................................................................10 7.02 DELIVERY UPON REQUEST OR CANCELLATION...............................................................................10 7.03 RE -USE BY CITY............................................................. ..... ___ ...... ...... _........ ..... _... ____ ..............11 7.04 NON-DISCLOSURE.................................................................................................................................11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS............................................................................11 7.06 E-VERIFY.................................................................................................................................................12 ARTICLE 8 INDEMNIFICATION.......................................................................................................... 12 ARTICLE 9 INSURANCE..................................................................................................................... 12 9.01 COMPANIES PROVIDING COVERAGE..................................................................................................12 9.02 VERIFICATION OF INSURANCE COVERAGE.......................................................................................13 9.03 FORMS OF COVERAGE..........................................................................................................................13 9.04 MODIFICATIONS TO COVERAGE..........................................................................................................13 ARTICLE 10 MISCELLANEOUS.......................................................................................................... 14 10.01 AUDIT RIGHTS; INSPECTION.................................................................................................................14 10.02 ENTIRE AGREEMENT.............................................................................................................................14 10.03 SUCCESSORS AND ASSIGNS...............................................................................................................14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE..............................................................................................14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION.................................................................................14 Design Criteria Professional for 1 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.06 NOTICES..................................................................................................................................................14 10.07 INTERPRETATION...................................................................................................................................15 10.08 JOINT PREPARATION....................................................................................................................... ....16 10.09 PRIORITY OF PROVISIONS........................................................................................... .................. ....16 10.10 MEDIATION -WAIVER OF JURY TRIAL------------------------------------------------------------------------------------------------16 10.11 TIME---------------------------------------------------------------------------------------------------------------------------------------------------------16 10.12 COMPLIANCE WITH LAWS--------------------------------------------------------------------------------------------------------------------16 10.13 NO PARTNERSHIP .................................................................................................................................. 17 10.14 DISCRETION OF DIRECTOR------------------------------------------------------------------------------------------------------------------17 10.15 RESOLUTION OF CONTRACT DISPUTES.............................................................................................17 10.16 INDEPENDENT CONTRACTOR .............................................................................................................. 17 10.17 CONTINGENCY CLAUSE ........................................................................................................................ 17 10.18 THIRD PARTY BENEFICIARY ................................................................................................................. 18 10.19 ADDITIONAL TERMS AND CONDITIONS..............................................................................................18 10.20 SEVERABILITY............................................. -.......................................................................................... 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES..................................................................................18 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL .................. A1.01 SCOPE OF SERVICES ............ A1.02 WORK ORDERS ...................... A1.03 PAYMENTS .............................. 22 22 22 22 22 ARTICLE A2 OVERVIEW OF PROFESSIONAL DESIGN SERVICES ................................................. 22 A2.01 DESIGN CRITERIA PROFESSIONAL DUTIES.......................................................................................23 A2.02 GENERAL REQUIREMENTS...................................................................................................................23 A2.03 COORDINATION, MEETINGS, AND PRESENTATIONS........................................................................23 A2.04 VISION STATEMENT, GOALS, AND OBJECTIVES...............................................................................24 A2.05 CIVIL ENGINEERING AND DESIGN SERVICES....................................................................................24 A2.06 ADAPTATION PLANNING.......................................................................................................................30 A2.07 REAL ESTATE IMPACT ASSESSMENT AND IMPLEMENTATON STRATEGY....................................32 A2.08 DESIGN ALTERNATIVE ANALYSIS.......................................................................................................33 A2.09 DESIGN CRITERIA/GUIDELINES (LAND USE, URBAN DESIGN, LANDSCAPE ARCHITECTURE) ... 34 A2.10 PUBLIC ENGAGEMENT..........................................................................................................................35 A2.11 DESIGN AND ENGINEERING.................................................................................................................35 A2.12 CULTURAL ASSESSMENTS SERVICES (NTE ALLOWANCE - PHASE II)..........................................36 A2.13 HYDROGRAPHIC SURVEY (NTE ALLOWANCE - PHASE II)................................................................36 A2.14 OFFSHORE INVESTIGATION (NTE ALLOWANCE - PHASE II)............................................................36 A2.15 BENTIC SURVEY (NTE ALLOWANCE - PHASE II)................................................................................37 A2.16 BIDDING AND AWARD (PHASE II).........................................................................................................38 A2.17 ENGINEERING SUPPORT SERVICES (PHASE II).................................................................................38 A2.18 PUBLIC ENGAGEMENT DURING DESIGN AND CONSTRUCTION (PHASE II)...................................39 A2.19 MODELING TO SUPPORT SELECTED DESIGN ALTERNATIVE (PHASE II).......................................39 A2.20 PERSONNEL ............................................................................................................................................ 39 A2.21 STAFFING------------------------------------------------------------------------------------------------------------------------------------------------41 A2.22 TIME FRAMES FOR COMPLETION--------------------------------------------------------------------------------------------------------41 ARTICLE A3 ADDITIONAL SERVICES................................................................................................. 41 A3.01 GENERAL................................................................................................................................................41 A3.02 EXAMPLES..............................................................................................................................................41 ARTICLE A4 REIMBURSABLE EXPENSES........................................................................................ 41 A4.01 GENERAL................................................................................................................................................41 A4.02 SUBCONSULTANT REIMBURSEMENTS...............................................................................................42 ARTICLE A5 CITY'S RESPONSIBILITIES............................................................................................ 42 A5.01 PROJECT AND SITE INFORMATION.....................................................................................................42 ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT...................................43 A6.01 GENERAL................................................................................................................................................43 SCHEDULE Al - SUBCONSULTANTS-----------------------------------------------------------------------------------------------------------------44 SCHEDULE A2 - KEY STAFF ................................................................................................................................ 44 Design Criteria Professional for 2 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS.........................................................................45 ARTICLE B1 METHOD OF COMPENSATION......................................................................................45 B1.01 COMPENSATION LIMITS........................................................................................................................45 B1.02 CONSULTANT NOT TO EXCEED...........................................................................................................45 ARTICLE B2 WAGE RATES..................................................................................................................45 B1.03 FEE BASIS...............................................................................................................................................45 B1.04 EMPLOYEES AND JOB CLASSIFICATIONS.........................................................................................45 B1.05 MULTIPLIER............................................................................................................................................45 B1.06 CALCULATION........................................................................................................................................45 B2.05 EMPLOYEE BENEFITS AND OVERHEAD.............................................................................................46 B2.06 ESCALATION...........................................................................................................................................46 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION....................................................... 46 B3.01 LUMP SUM...............................................................................................................................................46 B3.02 HOURLY RATE FEES..............................................................................................................................46 B3.03 REIMBURSABLE EXPENSES.................................................................................................................46 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES.........................................................................47 B3.05 FEES FOR ADDITIONAL SERVICES......................................................................................................47 B3.06 PAYMENT EXCLUSIONS........................................................................................................................47 B3.07 FEES RESULTING FROM PROJECT SUSPENSION.............................................................................47 ARTICLE B4 PAYMENTS TO THE CONSULTANT..............................................................................47 B4.01 PAYMENTS GENERALLY.......................................................................................................................47 B4.02 FOR COMPREHENSIVE BASIC SERVICES...........................................................................................48 B4.03 BILLING - HOURLY RATE.......................................................................................................................48 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES...................................48 B4.05 DEDUCTIONS..........................................................................................................................................48 ARTICLE B5 REIMBURSABLE EXPENSES........................................................................................ 48 B5.01 GENERAL................................................................................................................................................48 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS..............................................................................49 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS ...........................49 B6.01 GENERAL................................................................................................................................................49 SCHEDULE B1 —WAGE RATES SUMMARY........................................................................................................50 SCHEDULE B2 — CONSULTANT INVOICE.............................................................. Error! Bookmark not defined. Design Criteria Professional for 3 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Design Criteria Professional for Brickell Bay Drive Improvements Contract Type Professional Services Agreement Consultant Consultant Office Location Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305, Miami, FL 33126 City Authorization Section 18-87, City of Miami City Code Agreement Number 18-19-042 THIS PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") made this 4 day of December in the year 2020 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Tetra Tech, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 18-19-042 on August 27, 2019, for the provision of a Design Criteria Professional for Brickell Bay Drive Improvements ("Services") and the Consultant's Proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ, Addenda, and the Proposal are sometimes referred to herein, collectively, as the "Solicitation Documents," and are, by this reference, expressly incorporated into, and made a part of, this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, "Consultants' Competitive Negotiation Act," hereinafter referred to as "CCNA," and all applicable provisions of the City Procurement Ordinance, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Design Criteria Professional for 4 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager. 1.08 Commission means the legislative body of the City of Miami. See Cross Reference to 1.05 above. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.11 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). 1.12 Director means the Director of the City Department designated herein ("OCI") who has the authority and responsibility for managing the specific Project or Projects covered under this Agreement. Unless otherwise expressly specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator of the Office of Capital Improvements or their designee. 1.13 Errors means items in the plans, specification or other documents prepared by the Consultant that are shown incorrectly, or which contain material mistakes or omissions, which results in a change to the Services and results in the need for the Contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.14 Errors and Omissions means design or similar professional deficiencies in the plans, specifications, diagrams, maps or other documents or data prepared by the Consultant, which must be corrected for the project to function or be built as intended. 1.15 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.16 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that the Consultant may begin work on the Project. 1.17 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. Design Criteria Professional for 5 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 1.18 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.19 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.20 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.21 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.22 Professional Services means those services within the scope of the practice of architecture, landscape architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.23 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ, or the RFQ, and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.24 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.25 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.26 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with enough detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.27 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm which has been certified by Miami -Dade County who will provide architectural, landscape architectural, engineering, or registered surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87(p). 1.28 Subconsuitant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties that has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.29 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement thatjustify and form the basis for professional fees regardless of actual manner of compensation. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. Design Criteria Professional for 6 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect the date written above upon its execution by the authorized officers and shall terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant. 2.01-1 Extension of Expiration Date In the event the Consultant is engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire, and shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the expiration date. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, attached hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS Prospective Firms shall adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing; 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.gov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.04 COMPENSATION 2.04-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed/guaranteed maximum fee, based on the rates and schedules established in Attachment B, Compensation and Payments, attached hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed total value at award of $1,331,000.00 (One Million Three Hundred and Thirty -One Thousand dollars), which is comprised of a lump sum fee of $860,000.00 for Phase I - Basic Services, $350,000.00 for Phase II - Dedicated Allowances, and $121,000.00 for the Owner's Contingency Allowance, in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The contract is currently funded through the end of Phase 1, and any further work issued under Phase 11 and/or any of the allowance accounts is subject to prior approval by the Office of Management and Budget. Also, the City shall have the right to terminate this Agreement, in its sole discretion and without penalty, at any time during or after Phase I, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for Continuing Contracts. The Compensation Limits, as may be amended from time to time, shall serve as the Guaranteed Maximum Price/Guaranteed Maximum Cost ("GMP"). 2.04-2 Payments Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, the Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Design Criteria Professional for 7 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule 132 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said other person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff is in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or the Director's designee and to complete each assignment, task, or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for additional compensation or any damages. 3.05 STANDARD OF CARE Consultant shall perform its services with the skill and care ordinarily employed by similar professionals performing similar services for similar projects. Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61 G1 and Chapter 471 (Engineering) of the Florida Statutes, as amended. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including, but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications, or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant, is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen Design Criteria Professional for 8 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a Project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al - Subconsultants. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely and solely under the Consultant's direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al - Subconsultants without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or becomes indebted to the City for any moneys which are fixed and unpaid, or fails to perform any of its obligations hereunder, or is debarred or its equivalent pursuant to Florida Statute Section 287.133, or is convicted of a "Public Entity Crime" as defined therein, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance, or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within Design Criteria Professional for 9 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the City Manager or the Director, has the right to terminate this Agreement for any reason or no reason, upon ten (10) business days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or designee. The Consultant shall be paid in accordance with provisions of Attachment B - Compensation and Payments, provided that said documentation is turned over to Director within ten (10) business days of termination. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy, damages or claims, from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will have, against the City, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by Design Criteria Professional for 10 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course ofjudicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records required by the City to perform the service; (2) upon request from the City's custodian of public records, providing the City with a copy of the requested records or allowing the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transferring, at no cost, to the City all public records in possession of the contractor or keeping and maintaining public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(W-MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI, OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT Design Criteria Professional for 11 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend (at its own cost and expense) the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, indemnify, hold and save harmless, and defend (at its own cost) the City, its officials and/or employees, against, any civil actions, statutory, contractual, tort, strict liability, or other similar claims, actions, injuries or damages arising or resulting from the services provided, unless it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. If any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own expense, to and through administrative, regulatory, trial, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's sole option, against any and all claims of liability and all suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity shall survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Sub -Consultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator or their authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least "A-," in accordance with A.M. Best Company's Key Rating Guide, latest edition. Design Criteria Professional for 12 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance ("COI") to the Risk Management Administrator for review and approval prior to the execution of this Agreement. The COls shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. The Consultant shall maintain coverage with equal or better rating as identified herein for the term of this Agreement. The Consultant shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within thirty (30) calendar days of the change. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the City's Risk Management Department within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11 /85 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimum combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional Liability Insurance The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least two (2) years after completion of the construction and acceptance of any Project covered by this Agreement. Coverage must reference the retroactive date. 9.03-4 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 per occurrence. 9.03-5 Umbrella Liability The Consultant shall maintain umbrella liability with limits of $2,000,000 per occurrence, $2,000,000 policy aggregate listing the City as an additional insured. The coverage shall be excess follow form over all applicable liability policies contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) prior to any such cancellation or material change. The Company must be rated no less than A- as to Management and no less than A (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. All policies or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 9.03-6 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations Design Criteria Professional for 13 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code, are applicable to this Agreement, and are deemed as being incorporated by reference herein as supplemental terms. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City 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 respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS These services are unique in nature and the Consultant was selected based on its ability to meet the requirements of this competitive solicitation. The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, or an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale, transference, or any other transfer of performance of the Agreement without City Commission approval, shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to this Agreement and to the partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the Project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is Design Criteria Professional for 14 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega, V City Manager Office of the City Manager City of Miami 444 SW 2nd Avenue, 10t" Floor Miami, Florida 33130-1910 Email: ANoriega(a-)miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2nd Avenue, 6t" Floor Miami, Florida 33130-1910 Email: Ann iePereza-miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9t" Floor Miami, Florida 33130-1910 Email: VMendez(a-)miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8t" Floor Miami, Florida 33130-1910 Email: HBadiaamiamigov.com Phone: 305-416-1236 For Consultant: Kenneth Caban, P.E., BCEE, LEED°AP Vice President Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305 Miami, FL 33126 Email: Ken.Caban(a-)tetratech.com Phone: 305-908-1423 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the Design Criteria Professional for 15 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION -WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the subject Project(s), and/or following the completion of the Projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis regardless of the outcome. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the Project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto, and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, handicap, marital status, national origin or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA Compliance The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including Project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. Design Criteria Professional for 16 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.12-3 ADA Compliance The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, the Consultant shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner: The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for his/her resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable, or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant, and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' written notice. Design Criteria Professional for 17 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the Project(s), no additional terms or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Design Criteria Professional for 18 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall act as the Design Criteria Professional and provide comprehensive civil engineering and design services necessary to complete the Design Criteria Package for the Brickell Bay Drive Improvements project (the "Project"). The Consultant shall provide said services in accordance with Section §287.055 Florida Statutes, as amended, otherwise known as CCNA. A1.01 SCOPE OF SERVICES The City is revitalizing, renewing, and enhancing its waterfront on Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. The City will be implementing its vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Creating a long-term stewardship structure that protects and enhances quality of life and public and private investments is essential to keeping the Brickell Bay Drive waterfront area a functional, long-term resilient and adaptable asset. Consultant may be required to perform all or some of the services described in this Agreement, depending on the needs of the City for the Project. Consultant shall furnish comprehensive civil engineering and design services for the Project including, but not limited to, those services described in Article A2, "Overview of Professional Design Services." A1.02 WORK ORDERS When OCI has determined that a specific phase of a Project is to proceed, the Director or authorized designee will request in writing, a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others if appropriate, may have preliminary meetings, if warranted, to define the Scope of Services further and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. OCI will issue a written Notice to Proceed ("NTP") after approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP, and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROFESSIONAL DESIGN SERVICES The Consultant shall provide interdisciplinary services necessary to complete the Design Criteria Package ("DCP") for the City that shall encompass all necessary documents required for the future advertisement of a Design/Build RFP solicitation. The Consultant shall, consider, evaluate and prioritize all broad and specific threat assessments for the project. In addition, the Consultant shall focus on project -level planning and design that have been identified as high -priority after previous City assessments and scoping efforts completed in August 2018 as part of the 100 Resilient Cities initiatives. The Consultant shall provide all DCP documentation sufficient for the design -build reconstruction of the sea wall and roads (at or above grade), development and coordination of architectural standards for pedestrian, recreational, and vehicular waterfront access and passive contemplative areas, an enhanced bay walk/linear park, and bicycle path(s), and/or implementing other innovative urban, architectural, and/or engineering measures to mitigate the effects of natural hazards through green, blue, and gray infrastructure. The Project may include, drainage improvements, stormwater modeling, reconstruction, milling and resurfacing, sidewalks, Americans with Disabilities Act ("ADA") compliant ramps, curb and/or gutters, pavement markings and striping, roadway signage, lighting, utility coordination, traffic engineering, Design Criteria Professional for 22 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT landscaping, irrigation services, related permitting, and preparation of environmental mitigation plans, or any ancillary infrastructure requirements, as applicable. The urban, engineering, and architectural design alternatives that will be designed for the Project could have inherent environmental consequences that need to be considered as part of the DCP. Factors relating to tidal and storm surge, drainage, the ecosystem of Biscayne Bay, transportation, cultural resources, urban design/visual aspects, open space and recreation, and topography need to be considered. As such, the Consultant shall conduct an analysis of potential risk and insurance impacts from the proposed improvements as well as an analysis on alternate financing mechanisms. To frame the analysis, the City has defined the Project area boundary to be explored as a 60-foot Right of Way (ROW) from Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. For the seawall, the footprint shall remain as the existing one to avoid navigable waterways impact. Notwithstanding, the Consultant is expected to evaluate other alternatives during the initial planning phase beyond these boundaries to determine if there are other viable solutions that the City should consider. Finally, the Consultant shall perform site visits with City staff to determine the final Scope of Services for the Project prior to begin negotiations. A2.01 DESIGN CRITERIA PROFESSIONAL DUTIES The Consultant shall be fully responsible for carrying out all functions necessary to provide civil engineering and design services for the Project. The Consultant will be the City's Design Criteria Professional and serve as the Owner's Representative during the construction phase of Project. As such, the Consultant will be available to any questions the City may have on an as needed basis. The Consultant shall immediately advise the Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action needed to be taken and/or taken. A2.02 GENERAL REQUIREMENTS General requirements and responsibilities of the Consultant are provided in Article Al, "General." Requirements and activities to be undertaken by Consultant shall be as detailed in each Work Order Proposal accepted and pursuant to terms and conditions of this Agreement. A2.03 COORDINATION, MEETINGS, AND PRESENTATIONS The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the Project with the Project Manager. Upon request, this information shall be made available to the Project Manager. All activities and decisions of the Consultant relating to the Project shall be subject to review by the City's Project Manager. Specific activities are detailed below: A2.03-1 Kickoff Meeting The Consultant will attend a project kick-off meeting with the project team and City staff to discuss the project objectives and considerations, identify key team members, review the project scope and schedule, discuss the overall project work plan, deliverables, critical milestones, and determine available information. The Consultant will prepare a meeting agenda and meeting minutes for distribution to meeting attendees. A2.03-2 Project Meetings and Presentations The Consultant will attend project meetings with City staff. The purpose of these meetings is to discuss project's progress and other coordination activities. The project meetings will be conducted through the completion of the design criteria package. The Consultant's staff and subconsultants will attend the meetings at City facilities in person or by teleconference. For each meeting conducted, the Consultant will prepare an agenda, prepare materials for the meeting, summarize the meeting discussion, and prepare meeting minutes. I A2.03-3 Other Meetings and Presentation The Consultant will attend up to six (6) project meetings with other consultants and entities as well as coordination with local government and entities. The project meetings will be conducted as needed through the completion of the design criteria package. The Consultant's staff and subconsultants will attend the meetings in person or by teleconference. For each meeting conducted, the Consultant will prepare an agenda, prepare materials for the meeting, summarize the meeting discussion, and prepare meeting minutes. Design Criteria Professional for 23 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The following meetings are anticipated: Phase Purpose Location Design Alternative Analysis Kickoff Charrette In -person meeting with City Staff + Team (pending COVID 19 restrictions) Design Alternative Analysis Presentation to Review Plan In Person / Virtual Alternatives Design Alternative Presentation to Review In Person / Virtual Selected Alternative Design Alternative Guidelines Presentation to Review In Person / Virtual Submission Design Criteria] Package Meeting to Discuss package In Person / Virtual components Design Criteria Package Meeting to Discuss Final In Person / Virtual Package Prior to Release A2.04 VISION STATEMENT, GOALS, AND OBJECTIVES The purpose of this task is to draft the initial vision statement, purpose, need, goals and objectives and revisions thereto. Subsequent to the Kick -Off Meeting, the Consultant, in collaboration with the City, shall prepare an initial vision statement expressing a long-term idea of what the Project Area will become using the information provided by the City regarding Project Budget, City and State procedures, guidelines, forms, and formats including previous City assessments and scoping efforts completed in August 2018 as part of the 100 Resilient Cities initiative. This vision shall include the Project Area vulnerable to flood inundation damages, and clearly describe the purpose and need of the Project, as well as its goals and objectives. This information will also include the Project's level of service (LOS) for items such as storm surge protection, stormwater management, walkability, traffic mobility, public realm, water quality, and tree canopy goals. For the purposes of this Project, recommended actions shall adapt or restore natural features or engineering -designed features where necessary, to mitigate flood threats as well as enhance the Project's public spaces. The initial deliverable will be a one -page visions/goals statement that will set tone of the project and be used throughout the planning and design process. In addition, an initial set of Project long-term goals and objectives will be created to provide a realistic framework for achieving the vision as well as help focus limited resources. The Consultant shall submit the draft initial vision statement, goals and objectives to the City for review and approval. Based on information gathered from the characterization and comments from the City and public, the Consultant shall refine the initial vision statement and goals and objectives. A2.05 CIVIL ENGINEERING AND DESIGN SERVICES The Consultant shall perform all services necessary to coordinate properly the activities of all parties involved in completing the Project. The services shall at minimum include, but are not limited to, the following: A2.05-1 Surveying The Consultant will prepare a topographic survey to document all current improvements aboveground and underground. The survey will include the following areas: ■ Brickell Bay Drive from SE14th Street to SE 15t" Road and finished floor elevations of adjacent properties. The survey, prepared by a State of Florida licensed Professional Surveyor and Mapper/s, will locate and identify all improvements including, asphalt pavement, pavement markings, buildings, concrete pads, sidewalks, driveways, hydrants, valve boxes, water/electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, guy wires, utility poles, overhead electrical lines, culverts, guardrails, Design Criteria Professional for 24 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT pavement limits, headwalls, endwalls, manholes, vaults, driveways, right-of-way limits, landscaping, trees three (3) inches in diameter or greater, traffic signage, other signage, pavement striping, any other visible improvements within the project limits, and any other utility records provided. Specifically, the survey will: ■ Provide the rim, top, bottom of structure, and invert elevations of all existing sanitary sewer manholes, drainage culverts, manholes, and catch basins. City shall provide access to locked and/or restricted access structures. ■ Locate and/or provide permanent construction controls on site in State Plane Coordinates (1983 adjustment) and vertical control based on North American Vertical Datum of 1988 (NAVD88). Horizontal control data shall be relative to the Florida State Plane coordinate system, East Zone, North American Datum of 1983/1990 adjustment. ■ Show platted rights -of -way, easements and property boundaries on the survey for the project route. Any easements shown will be based on platted easements or documents that may be found in the public records. As such, there may be easements or other exceptions that may affect the property not shown without having a title search or opinion of title provided to the Consultant. ■ Recover right-of-way monumentation and/or re-establish to provide rights -of -way lines throughout limits of project. This will require field recovery of centerline control, and property corners through each listed street. ■ Create a digital baseline covering the beginning and end of the project and all changes in direction. ■ Provide a DTM of the areas and cut cross sections at 50-foot intervals along Brickell Bay Drive to extend 20 feet beyond the right-of-way lines and include elevations at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). ■ Provide centerline elevations at 25-foot intervals within the rights -of -way and roadways. Other elevations will be provided at 50-foot intervals minimum and will include edge of pavement, flow line, top of curb, and back of sidewalk elevations (and will extend 20 feet beyond the right- of-way lines). ■ Show survey features, baseline, baseline points, and drainage information, including inverts, pipe size, material and direction of visual. ■ Prepare digital maps that shall delineate all field collected data as well as existing limits of nearby public rights -of -way (CAD files will be provided; "dwg", "dgn", and "tin" files compatible with Autodesk Civil3D). ■ Provide finished floor elevations of all structures abutting Brickell Bay Drive (6 buildings were identified). A2.05-2 Geotechnical Investigation A geotechnical engineering evaluation and subsurface exploration will be performed to facilitate design and construction of the proposed improvements. The scope of the geotechnical investigation includes: ■ Five (5) asphalt pavement cores along Brickell Bay Drive, ■ Seawall Borings - Drill and sample two (2) borings to depths of approximately 60 feet below grade on the upland side of the existing seawall. In cohesionless soils, perform the Standard Penetration Test (SPT). The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Test in accordance with ASTM D1586). In cohesive and semi -cohesive soils, use a 30-inch long, thin -walled Shelby tube to take relatively undisturbed samples. Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Drill and sample four (4) Standard Penetration Test (SPT) borings to depths of approximately 10 feet below grade. The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Design Criteria Professional for 25 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Test in accordance with ASTM D1586). Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Perform two (2) field permeability tests at the same boreholes, where the SPTs were performed. The tests will extend to a depth of 15 feet below existing grade. The tests will be performed in general accordance with the South Florida Water Management District's Usual Open Hole Procedure. Upon completion the testing, test boreholes will be abandoned with cement grout to the ground surface. A geotechnical engineer will review the soil samples and representative samples will be tested for physical properties such as moisture content, sieve analysis, fines content, organic content, Limerock Bearing Ratio (LBR), unconfined compression test and split tensile test. The results of the field exploration and laboratory test results will be the basis for the geotechnical engineering report. A2.05-3 Cultural Assessments Services The Consultant will provide a Letter of Agreement that includes an archaeological management plan for the required archaeological services. This will be provided along with a copy of the site plan and photographs of existing conditions as part of the Certificate to Dig application. A2.05-4 Physical and Environmental Literature Review and Data Compilation A reliable set of physical and environmental data for use in the engineering analysis, environmental evaluation, and design is necessary for project success. The Consultant will acquire existing relevant information for an understanding of the existing datasets including bathymetric survey data, geotechnical investigations, engineering documents, environmental assessments, and other pertinent information that exists for the project area. Existing data to be collected is limited to the following, as applicable: ■ Winds ■ Waves ■ Tides ■ Currents ■ Geotechnical/geophysical data ■ Bathymetric Data ■ Historical aerial photography ■ Benthic Community ■ Listed species ■ Fisheries ■ Water Quality Survey data beyond what is described in the task above will rely on existing information for the area. The existing data will be assessed for quality and applicability to the project area and reviewed for data gaps. The Consultant will only apply quantitative and qualitative data determined to provide valuable content to the project. The efforts associated with this task are intended to avoid a duplication of efforts and to identify quality supplemental information useful for assessing the feasibility of the project. A summary of the desktop investigations will be included in the DCP. A2.05-5 Arborist Services The Consultant will provide certified arborist services including a tree resource evaluation for the trees and palms within the project area. The trees and palms will be numbered and located on the project survey provided as part of Task A2.05-1. The tree resource evaluation will include numbered photos of the trees, and palms, condition rating, size of tree protection and critical root zones, and measurements. The trees and palms will be rated in accordance with ANSI A300 (Part 5) — 2012, Annex A, Management Report Information. Trees and palms will be rated Good, Moderate, or Poor. The report will follow the Levels and Scope of Tree Risk Assessment from the ANSI A300 Part 9- 2017: Levels of tree risk assessment; Level 1 limited visual tree risk assessment, Level 2 basic tree risk assessment, and Level 3 advanced tree risk assessment. The scope of this report/evaluation is limited to a Level 2 Assessment for all trees and palms onsite. A2.05-6 Infrastructure and Utility Verification Coordination with infrastructure and utility companies shall be performed during the development of the DCP by the Consultant. Design Criteria Professional for 26 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Consultant will identify the utility agencies / owners (UAOs) companies with facilities within the project area. Consultant will review existing plans, check with Sunshine One Call, and City of Miami, and prepare and update a utility coordination matrix. Consultant's scope of work does not include the performance of sub surface exploration. Utility information will be obtained from utility agencies. Consultant will perform the utility verification for the existing power, telecommunication, cable television, fuel lines, natural gas, water, sewer and drainage facilities, and other identified facilities within the limits of the project. Before any contact with the UAOS, Consultant will attend a meeting with the City to receive guidance, as may be required, to assure that all necessary coordination will be accomplished in accordance with the City. Consultant will bring a copy of the design project work schedule reflecting utility activities. Consultant will coordinate with Sunshine State One Call of Florida, Inc. (SSOCOF) to open Design Tickets, will contact all existing utilities provided by SSOCOF, and will submit sketches of the proposed work to obtain available atlas, mark-ups, records, as-builts, etc. The locations of the existing underground utilities will be depicted based on the records received, by using the above ground visible features (i.e. valves, manhole covers, inlets) to approximate the locations of the utilities. The horizontal locations of services will be approximated, to the extent possible, based on the limited information provided and above ground visible features within the ROW (i.e., valve boxes, meter boxes, aboveground facilities, etc.). Vertical locations for sewers will be approximated, to the extent possible, based on invert elevations at manholes and inlets, if accessible, etc. Vertical locations for services and laterals will be assumed based on the Miami -Dade County Water and Sewer Department (WASD) standards. A2.05-7 Transportation Analysis A lack of multi -modal connectivity combined with high traffic volume and flooding impacts, makes transportation related issues one of the most significant stressors for the Project. As such, the Consultant will analyze the transportation systems in Brickell Bay Drive and its surrounding areas to identify feasible alternatives. These alternatives could include modification of traffic patterns, different parking schemes, interventions of pedestrians and bicycle networks, and impacts of raising the grade of the road, among others. Transportation analysis must be conducted under non -pandemic conditions A2.05-7(a) Methodology Determination Prior to initiating the transportation analysis, the Consultant and City of Miami will provide a methodology correspondence to the Miami -Dade County Department of Transportation and Public Works outlining the analysis procedure and assumptions. The purpose of this correspondence is to outline the requirements of the transportation analysis. The Consultant will revise the methodology correspondence one (1) time, if necessary, in response to agency comments. A2.05-7(b) Traffic Data Collection Turning movement counts will be collected at a maximum of 28 intersections and driveways during the A.M. (7:30 A.M. to 9:30 A.M.) and P.M. (4:00 to 6:00 P.M.) peak periods of a typical weekday (Tuesday, Wednesday, or Thursday) while local schools are in session. All traffic counts will be adjusted to account for seasonal variation using the appropriate Florida Department of Transportation (FDOT) seasonal adjustment factors to represent peak season traffic conditions. Figures depicting peak season turning movement counts will be prepared. Existing signal phasing and timing patterns will be obtained from Miami -Dade County Department of Transportation and Public Works — Signals and Signs Division for the signalized intersections required to be evaluated in this analysis. Design Criteria Professional for 27 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.05-7(c) Volume Development A background growth rate will be calculated based on historic growth trends at nearby Florida Department of Transportation (FDOT) traffic count stations. Additionally, growth rates based on the Miami -Dade Transportation Planning Organization's (TPO) projected 2015 and 2045 model network volumes will be examined. The higher of the two (2) growth rates will be used to develop future year traffic volumes. Documentation will be provided in the Appendix of the traffic impact study. Study area intersections and driveways volumes for existing (2020) and long-term (2045) will be prepared for a maximum of four (4) build alternatives and one (1) no -build base condition. Committed development traffic information provided by the City of Miami will be included in background conditions. It is expected that the City will provide the corresponding approved traffic study for any committed projects identified. A2.05-7(d) Capacity Analysis Vehicular roadway conditions will be examined to determine the level of service for the study area intersections for existing (2020) and long-term (2045) conditions during the A.M. and P.M. peak hours. Background traffic growth will be factored into the analysis. Two (2) capacity analysis scenarios will be examined for each build and no -build alternative: existing and future year 2045. The intersection capacity analysis will be analyzed using Trafficware's SYNCHRO software which apply methodologies outlined in the Highway Capacity Manual, 61"/2010/2000 Editions. A2.05-7(e) Documentation of Findings The results of the capacity analysis will be documented in a report that will include graphics and tabulations, plus text to describe the study procedure, key assumptions, findings, and recommendations. The study will be submitted to Miami -Dade County Department of Transportation and Public Works. A maximum of five (5) bound copies will be provided along with an electronic (PDF) copy. A2.05-7(f) Miami -Dade County Department of Transportation and Public Works Coordination The study findings and recommendations will be provided to the Miami -Dade County Department of Transportation and Public Works — Traffic Engineering Division. If needed, the Consultant will attend one (1) meeting with County staff to discuss the preferred enhancement alternative. Responses to a maximum of two (2) County staff comment sets will be prepared. A2.05-8 Drainage System Analysis and Preliminary Design The City's current Stormwater Master Plan and hydrologic/hydraulic model will be utilized by the Consultant's localized analysis of the drainage system in Brickell Bay Drive and adjacent areas. The Consultant will build on this Stormwater Master Plan to model a set of multiple climate scenarios and/or weather events in future years and assess the effects of adaptation interventions, interior drainage interventions (both green and gray), and/or improvements to storm sewer and pumping infrastructure. The analysis will explore a range of drainage solutions and technologies while anticipating a combination of interventions at multiple points in time and factoring in limitations such as the availability of capital funding. Specific activities will include but not limited to: ■ Creating a working drainage basin map to be used in defining the system hydrology. This map will incorporate drainage basin boundaries, existing survey and/or LiDAR and field observations, as necessary, to define the system. Basin delineations will also include any existing collection systems. ■ Analyzing, determining, and documenting high water elevations per basin which will be used to set roadway profile grade and roadway materials. ■ Delineate contributing drainage areas, determine runoff, inlet locations, and spread. In addition, hydraulic losses will be calculated, design tailwater and outlet scour protection. Design Criteria Professional for 28 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Performing preliminary design of Stormwater Systems to provide stormwater treatment and attenuation. ■ Determining the size and modeling the stormwater management Systems using a routing program. ■ Making a preliminary evaluation of potential needs of drainage wells based on well capacities in the vicinity of the project. ■ Gathering data including desktop analysis of local, state and federal Drainage permits. ■ Performing field reviews. The Consultant will coordinate and/or meet with representatives of agencies that will have jurisdiction over stormwater management for the project to collect data and identify criteria governing stormwater collection, retention/detention, pre-treatment, discharge and/or overflow. These agencies may include some or all of the following: ■ Miami -Dade County Department of Transportation and Public Works (DTPW). ■ Water Control Section of the Miami -Dade County Department of Regulatory and Economic Resources (RER) ■ Miami -Dade County Pollution Remediation Section (PRS) ■ City of Miami Department of Public Works (MDPW) ■ South Florida Water Management District (SFWMD) ■ Florida Department of Environmental Protection (FDEP) ■ U.S. Army Corps of Engineers (USACE) A2.05-9 Collection and Review of Existing Documents Relevant to Local and Climate Change Planning The Consultant recognizes that it is critically important to link this project with other existing planning efforts to ensure consistency across vision and goals, as well as for specific recommendations. Therefore, the Consultant will develop a list of local and climate change documents that will be reviewed including, but not limited to: ■ Miami -Dade County Comprehensive Development Master Plan ■ Miami 21 including Waterfront Design Standards ■ Unified Sea Level Rise Projection Southeast Florida ■ City of Miami Transportation Master Plan ■ Back Bay Study ■ Miami -Dade County Coastal Risk Management Study A2.05-10 Environmental Studies and Permitting The Consultant will perform a records search for readily available environmental and ecological information for the project site. The search will include sources such as RER, FDEP, USEPA, and US Fish and Wildlife Service and will include shapefiles, maps, and tables. Moreover, the Consultant will perform literature review studying and identifying the required approvals and permitting pathways (i.e., City, State, Federal) for the Project. Services may also include developing approaches for mitigation as it relates to permitting and implementation. The task involves coordination with various city departments including, but not limited to, OCI , Building, Zoning, Planning, , and Resilience and Public Works, and various other organizations and agencies, including, but not limited SFWMD, , U.S. Army Corps of Engineers, Miami -Dade County Environmental Resources Management, U.S. Fish and Wildlife Services, NOAA National Marine Fisheries Services ,and the Florida Fish, and Wildlife Conservation Commission. As such, the ability of the Consultant to coordinate with multiple agencies will be important. The Consultant will schedule, coordinate, prepare for, and lead/participate (as deemed appropriate by the City) in an agency Pre -Application Meeting/Conference. The Consultant will develop a meeting agenda and PowerPoint presentation of the selected alternative that will be distributed to all attendees in advance of the meeting. The principal objective of the meeting will be to obtain agency input and to Design Criteria Professional for 29 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT identify any specific concerns with respect to the implementation of the design approach, mitigation requirements, and permitting options. The Consultant will identify the required approvals and permitting pathways (i.e., City, State, Federal) for the selected alternative. Additionally, the Consultant will develop approaches for mitigation as it relates to permitting and implementation. A2.05-11 Seawall Biological Survey As a preliminary investigation for any seawall specific improvements and/or a terraced living shoreline approach, the existing seawall and the benthic substrate immediately adjacent to the seawall (out to 3 meters) will be investigated by the Consultant's biologists. The seawall investigation area will need to be free and clear of vessels to allow our staff access. The Consultant's scientists will collect qualitative and quantitative data of the benthic resources located on the seawall, from the high-water line to the seafloor. If present, scleractinian coral colonies will be identified to species level and assessed for maximum size (to nearest cm) and overall health. Representative photographs will be taken using an underwater camera. The benthic substrate at the base of the seawall out to 3 meters will be assessed for seagrasses or other benthic functional groups to satisfy environmental permit requirements. A Field Observation Report will be prepared documenting methodology and observations obtained during the seawall survey and will include relevant photographs. A2.06 ADAPTATION PLANNING The Brickell Bay Drive waterfront area, because of its proximity to the coast and to Miami River as well as its marginally lower elevations compared to surrounding areas, will be subjected to a range of climate change impacts that need to be considered for planning the design of revitalization and improvements of the site and surrounding areas. These include hydraulic and hydrologic effects focused on changes in precipitation, sea level rise, changes in the frequency and magnitude of coastal storms and associated storm surge levels. This task will help focus the resiliency goals of the project; identify the range of future conditions that need to be considered; evaluate the vulnerability of the built environment, the natural ecosystems, and the affected human communities; and evaluate potential adaptation options. This is envisioned as a high-level analysis to be performed using available public domain geospatial data on climate impacts in the project area and the surrounding region. The outcome of this task will form the basis for more detailed field studies and data collection, feasibility evaluation, engineering design and cost estimation of alternatives, to be accomplished in related tasks described in this Scope of Work. Planning and design of the area will need to consider, for example, vulnerability to coastal flooding from sea level rise, changes in the frequency and magnitude of tropical storms/hurricanes and associated storm surge and increasing air temperature. Future projections of these hazards have been reported for Southeast Florida for different time horizons over the 21st century and considering different sea level rise scenarios and storm tracks and will be used for this analysis. Important published resources to be used for this analysis include LiDAR elevation and bathymetry data for the Southeast Florida coastal region for 2018, published by the National Oceanic and Atmospheric Administration (NOAA) Digital Coast Program and maximum water heights for different category storms with different storm tracks using the SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model, also developed by NOAA.2 Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline, and recent public resources have made a great deal of this information available. Additional public data on frequency of flooding impacts by property location in the project area3 also provides insight into economic impacts under conditions with and without implementation of adaptation. The Services may include evaluation and analysis of a wide variety of climate adaptation approaches, including land use policies, private property adaptation and public infrastructure that could be applied to the Project to ameliorate the impact of these effects. The analysis will also need to consider impacts to private property and how the Project ties into nearby marine environment, greenspaces, and infrastructure https://coast.noaa.gov/digitalcoast/data/ https://epa.maps.arcgis.com/apps/MapSeries/index.html?appid=852ca645500d4l9e8c676lb923380663 s hops://riskfinder.climatecentral.org/ Design Criteria Professional for 30 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT corridors overlaps with other climate adaptation and storm surge mitigation projects occurring in the City. Feasibility should be looked at from the perspectives of implementation, construction, operations, and maintenance. As part of the Services, the Consultant will confirm existing conditions and physical constraints by conducting historical review; conducting topographical and geotechnical surveys; potential contamination investigations; underwater investigations, inspections, and/or testing; benthic survey; tree survey; utility surveys, site investigations, and any related necessary services as described in A2.05. The Consultant will consider resilience goals (e.g., reducing storm surge impacts), conservation goals (e.g., restoring ecosystems and/or creating a new habitat for native species), and community goals (e.g., protecting critical real estate assets and enhancing public space and access)., improving mobility and walkability, public realm, water quality, and tree canopy.) The planning effort will include an iterative process to assess the City and community's goals against engineering feasibility, design, permitting, and financial modeling, and lay a clear path forward for the Design/Build RFP solicitation. This will include an analysis of the various financing and funding pathways available with the different design alternatives as described in Section A2.07-2(a). The Consultant will prepare opportunities and constraints diagrams that will describe the existing site conditions. These diagrams and findings, coupled with the background data, will help to inform the deliverables during the Design Alternative Analysis stage of work. A2.06-1 Adaptation Planning Framework Informed by Resilience, Conservation, and Community Goals Development The Consultant will develop a framework for adaptation planning aligned with the City's resilience goals (e.g., reducing storm surge impacts), conservation goals (e.g., restoring ecosystems and/or creating a new habitat for native species in the project area or general vicinity), and community goals (e.g., protecting critical real estate assets and enhancing public space and access), improving mobility and walkability, public realm, water quality, and tree canopy). This framework will be used to: (1) identify key assets and high-level potential adaptation options to support goals, and (2) to analyze tradeoffs among these options. It is envisioned that the Consultant will solicit the input of the City and outside stakeholders to refine these elements of the framework. This adaptation planning framework will be documented as a task report, with potential applicability to other coastline redevelopment/revitalization projects in the region. A2.06-2 Vulnerability of the Brickell Bay Drive Waterfront Area to Climate Change, Sea Level Rise, and other Hazards Assessment To design the project, an assessment of vulnerability must be conducted to inform adaptation planning. The Consultant will conduct a vulnerability assessment using the best available data and projections. The vulnerability assessment will examine the impacts to key assets identified in the framework that best represent the City's goals. The Consultant will develop a list of climate variables and projections such as for air temperature, precipitation extremes and durations, mean sea level rise, tidal water extremes, storm surge, and other variables that will be used to assess vulnerability. Some of these quantities are tied to specific time horizons, and the Consultant will work with the City and other regional planning efforts to help select the projections for future work. These projections will be reviewed and agreed upon with the City. To the extent possible, the assessment will cover the three key components of vulnerability: exposure, sensitivity, and adaptive capacity. The projections together with the results of the vulnerability assessment will be used to support proposed modifications to the Design Guidelines listed in A2.08 A2.06-3 Tradeoff among Adaptation Options for the Project Development and Analysis Using the results of the vulnerability assessment, the Consultant will develop options to support the City's vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Adaptation options may include a combination of shoreline hardening, protection, accommodation, and ecosystem -based adaptation. Each option will describe key implementation measures (i.e. land use policies, land acquisition, public infrastructure) and triggers (i.e. environmental thresholds such as number of high tide flood days). Design Criteria Professional for 31 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The consultant will conduct a high-level analysis of tradeoffs among the adaptation options in supporting the City's goals and vision for the area. The benefit of this approach is that a wider range of impacts and adaptation can be considered during this phase, prior to more detailed, site -specific feasibility, design, and cost estimation. The analysis will consider impacts to private property and how the Project ties into nearby marine environment, greenspaces, and infrastructure corridors overlaps with other climate adaptation and storm surge mitigation projects occurring in the City. Feasibility swill be examined at a high level from the perspectives of implementation, construction, operations, and maintenance to lay a clear path forward for the Design/Build RFP solicitation. This work will be documented as the Brickell Road Project Adaption Options Report to be provided as a deliverable to City. Feasible adaptation options will form the basis developing and analyzing viable design alternatives for the Project as described in A2.07. A2.07 REAL ESTATE IMPACT ASSESSMENT AND IMPLEMENTATON STRATEGY A2.07-1 Real Estate Impact Assessment A2.07-1(a) Market Scan The Consultant will evaluate current market conditions in the Brickell Bay Drive vicinity, with a specific focus on residential, office, retail, and hotel space, within the context of Miami. This evaluation will provide an understanding of the state of the market today and establish a baseline when considering how new investment may impact the neighborhood. A2.07-1(b) Development Site Scan Based on the market scan and a review of properties in the Brickell Bay Drive vicinity, the Consultant will identify locations with strong potential to support new development in the neighborhood and contribute to identified goals for the district as well as neighborhood investment and growth. A2.07-1(c) Impact Assessment The Consultant will assess the real estate impact of planned capital investments in flood mitigation infrastructure along Brickell Bay Drive, including both increased value of existing properties as well as potential impacts from new development catalyzed by these investments. The Consultant will then translate these real estate impacts into expected fiscal impact for the City, the findings of which will support evaluation of financing tools to support of operations & maintenance costs. the Consultant's analysis will focus on property taxes and will use existing property tax rates for residential and commercial properties in Miami to evaluate fiscal impact. A2.07-2 Implementation Strategv A2.07-3(a) Funding Strategy The Consultant will evaluate a set of financial tools for the selected alternative which could be used to leverage property impacts in the Brickell Bay District and project the funding that could be generated by each to support capital expenses as well operating expenses. Potential tools to be evaluated in this analysis include special assessments, value capture, or other funding mechanisms. As part of its assessment of value capture mechanisms, the Consultant will identify and compare the co -benefits of all potential flood protection interventions to help demonstrate the value of public investment and illustrate tradeoffs to the City and stakeholders. Identifying and quantifying any such co -benefits will improve the overall resilience of the project and surrounding areas and provide the potential to generate additional value that could be monetized and captured to support capital and operations costs. The Consultant will also create a strategy for funding ongoing operations and maintenance costs for the Brickell Bay Drive flood mitigation infrastructure. To understand operating costs, the Consultant shall provide cost precedents from relevant projects that inform a high-level projection of likely costs for various components of the project. The Consultant will then propose an achievable approach to generating operating revenue through categories such as earned income, special assessments, ongoing public funding, and ongoing contributed income. Design Criteria Professional for 32 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.07-3(b) Governance Structure The Consultant will evaluate and recommend a governance structure for the Brickell Bay Drive District, particularly by helping to align the governance structure for designated open space with its upfront and ongoing funding strategy. A2.08 DESIGN ALTERNATIVE ANALYSIS A2.08-1 Alternatives Identification The Consultant will work with relevant stakeholders to identify management strategies, project alternatives, and recommendations to fulfill the purpose and need of the Project to help achieve the established goals and objectives. The Consultant will develop up to two (2) viable design alternatives for the Project and a combination of the two, for a total of three (3). During this phase of work, the Consultant will review the data collected as part of the scope of the previous sections. With this data, the Consultant will develop some scenarios of solutions to address the project's opportunities, constraints and needs. These solutions will be reviewed with the City to gain a better understanding of the goals and objectives of City Staff. The Consultant will generate two sketch plan alternates, prepared in a professional manner and submitted in electronic format that consider the comments received by City Staff. These sketch plans will depict the overall design intent for the project and will depict the scale and relationship of design elements. The Consultant will create a concept statement of each alternate and develop a circulation plan. With the elements of these two alternates a third alternate will be developed. The Consultant will prepare conceptual site plans, drawings, and presentation -type illustrations that will depict the design intent along with calculations. The consultant will also prepare site sections, image boards, and vignettes to visualize the three (3) design alternatives. A2.08-2 Cost Estimating The Consultant will prepare Class 5 estimates for two (2) alternatives and a hybrid (combination or variation of the two alternatives). Subsequently, the Consultant will prepare a Class 4 estimate for the selected alternative this will be used for the DCP. Estimates that reflect the Total Project Cost as defined by the City, will adhere to the Association for Advancement of Cost Engineering (AACE) guidelines and practices. The cost estimate will be used by the City to develop list of activities with estimated durations based on the cost estimates. This list will be provided to the City for the preparation of the project's critical path method (CPM). A2.08-3 Financing Alternative Analysis The Services shall include the development of a financing strategy to secure public and/or private funds for the construction of the Project based on the information obtained as part of Task A2.07-2(a) The financial implications of flood mitigation strategies and quality of life improvements shall also be evaluated such as they relate to potential benefits for reduced flood related disruptions and reductions property insurance in the area. A2.08-4 Alternatives Evaluation The evaluation of these alternatives, shall each comply with existing City and FDOT standards, will include information obtained from public engagements included in Task A2.10 Alternative financing options for each design alternative shall be defined and discussed with all stakeholders. Only one (1) alternative will be selected to be included in the future Design/Build RFP solicitation. The selection of the alternative will be based on the following criteria: ■ An evaluation framework according to vulnerabilities and/or threats identified ■ Identification of priority elements for focused flood mitigation, public connectivity to the waterfront, public park and open space, traffic circulation, stormwater management, coastal protection, and environmental enhancements. Design Criteria Professional for 33 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ A cost/benefit analysis that will quantify social, environmental, economic, and resiliency benefits and costs; and quantify economic costs associated with expected damages and losses for various mutually agreed upon current and future conditions and hazard scenarios in order to justify public expenditure for implementation projects. ■ Ranking project actions according to anticipated reduction in flooding and stormwater hazards, improving public waterfront access, creating open and park space, and synergy with existing and future adjacent waterfront areas. Potential ranking factors may include, but would not necessarily be limited to: o Project goals and objectives o Flood and stormwater mitigation o Public open and park space o Traffic calming and wayfinding o Cost, permitting, and maintenance o Available computer modeling o Community and landowner cooperation, public access and visibility o Cost sharing partner involvement and innovation A2.08-5 Draft and Final Alternatives Evaluation Report The Consultant will prepare a report summarizing the alternatives evaluation criteria, selection process, stakeholder input and details of the selected alternative. A draft report will be submitted to the City for review and comments. Subsequently, a final report will be prepared and will be made available to the general public. During this stage of work, the consultant will distill the planning alternatives and concepts developed as part of the initial design and planning stages into a final strategic alternative that will become the basis for the project moving forward. The implementation strategy will: ■ Clearly articulate priorities, measurable objectives and steps to implement the identified Project elements. ■ Include detailed cost estimates, ■ Include a list of additional studies and analyses that should be undertaken in order to implement priorities and the data needs and costs associated with each. ■ Include recommendations for economies of scale, efficiencies or other cost saving measures to stretch implementation dollars and leverage additional funding sources. ■ Include a baseline schedule that will be used to periodically update the Project. The Implementation Strategy will include a matrix of prioritized Project elements and other actions for advancing the implementation of the goals and objectives of the Project, including steps needed to implement the specific key milestones (e.g., feasibility, design, permitting, procurement, construction), timeframe for implementation; short term (e.g., immediate to 1 year) or long term (e.g., greater than 1 year, up to 4 years), cost estimates, regulatory approvals needed, and likely project sponsor (agency or organization lead) and project partners. A2.09 DESIGN CRITERIA/GUIDELINES (LAND USE, URBAN DESIGN, LANDSCAPE ARCHITECTURE) The Consultant shall clearly identify design criteria / guidelines for the D/B contractor to follow during the D/B phase. The design criteria / guidelines, which could be an adaptation or modification of existing ones (i.e., Miami 21), will give direction on critical issues, including: ■ Floodway Impacts/Encroachment ■ Erosion and Sedimentation ■ Site and Regional Topography ■ Storm Drainage and Green Infrastructure ■ Storm surge, coastal flooding and tidal related flooding ■ Sea Level Rise Projections ■ Water Quantity and Quality Design Criteria Professional for 34 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Protected Species in the area ■ Coastal Wetlands and benthic habitat ■ Cultural Resource Constraints (historic properties and archeology) ■ Hazardous Materials and Subsurface groundwater or soil contamination Constraints ■ Mobility Impacts - Pedestrian, Bicycle, Vehicle, and Parking Impacts ■ Land Use, Zoning and Public Policy ■ Urban Design and Visual/Aesthetics ■ Open Space and Recreation ■ Tree canopy ■ Sunshade, solar radiance/urban heat island, and wind/air flow ■ Ecological and Threatened or Endangered Species ■ Community Services, Emergency Services, and Public Safety ■ Environmental Justice ■ Construction Impacts ■ Harmonization between public and private properties ■ Environmental Permits (including fatal flaws, schedule and costs) ■ Proposed Potable Water and Sewer Services ■ Proposed Lighting and Telecommunication Services ■ Bicycle Trail Standards In addition to impact avoidance, the design guidelines will look for opportunities leading to environmental enhancement and social benefit. For example, there may be green infrastructure and open space opportunities that can improve storm water quality and enhance the ecosystem as well as offer an improved waterfront experience while mitigating flood risk. The Consultant Team will work together to provide resilient solutions that are functional and aesthetic, providing both social and environmental benefits. A2.10 PUBLIC ENGAGEMENT Public engagement during Phase I of the project includes informing stakeholders, answering questions and supporting the City of Miami in gaining public support for the project. Three meetings are included in this task: ■ First initial meeting to discuss project ■ Second meeting to discuss three alternatives ■ Third meeting to review selected alternative The consultant shall: ■ Coordinate logistics with City staff ■ Prepare materials for use as handouts for the public ■ Draft Agenda ■ Draft letters of invitation ■ Serve as emcee and facilitator during the meetings ■ Keep notes and provide feedback for City staff to follow up with participants A2.11 DESIGN AND ENGINEERING The Services will include the development of engineering (conceptual) plans up to a sufficient level of detail (approximately 30%) and design criteria for the selected alternative, to accompany the Design Criteria / Guidelines. Design efforts shall comply with all applicable Federal, State, County, City, and local laws, codes, ordinances, rules, and regulations. Provided that the City has determined that the information is satisfactory and complete, at a minimum, the DCP shall include the following drawings: Design Criteria Professional for 35 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Drawing Title G-1 Cover G-2 Notes and Abbreviations C-1 Roadway Plan (shows roadway geometry, pavement markings and signage) C-2 Roadway Plan (shows roadway geometry, pavement markings and signage) C-3 Roadway Plan (shows roadway geometry, pavement markings and signage) C-4 Civil (Drainage and utilities) C-5 Civil (Drainage and utilities) C-6 Civil (Drainage and utilities) C-7 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) C-8 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) C-9 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) L-1 Landscape/Hardscape plan L-2 Landscape/Hardscape plan L-3 Landscape/Hardscape plan L-4 Landscape/Hardscape details L-5 Landscape/Hardscape details A2.12 CULTURAL ASSESSMENTS SERVICES (NTE ALLOWANCE - PHASE II) The Consultant will provide additional cultural resource assessment for Brickell Bay Drive from SE14th Street to SE 15th Road and coordination with the City of Miami and the Florida State Historic Preservation Office to determine the Area of Potential Effect (APE) for both archaeology and historic architecture. A2.13 HYDROGRAPHIC SURVEY (NTE ALLOWANCE - PHASE II) Consultant will deploy a vessel to conduct a single beam echosounder (SBE) survey to collect data along 50 to 100 pre -determined transects at the required spacing. These survey data will be incorporated with existing bathymetric data from NOAA (2017 and 2018) and onshore topographic data to form a Digital Terrain Model (DTM). Where Consultant will merge these two technologies and data sets into a single adjusted DTM and create complete cross section data sets. The SBE survey will be conducted by an experienced hydrographer operating on a Florida -based survey vessel. Real -Time Kinematic RTK GNSS positioning, (Trimble R10 or equivalent) will be used for collecting high -accuracy position and election data that are combined in a real-time data acquisition system and merged with accurate survey depth data from state-of-the-art digital survey echosounder (CeeEcho or equivalent). For a complete -coverage survey, a multibeam sonar system combined with motion refence system and RTK-GNSS positioning would be mobilized for the survey. The ellipsoidally based bathymetric survey will be referenced to orthometric datum by tying into local shore -based survey monuments with local control as necessary. Quality control methods throughout the mobilization, acquisition and processing of the data will be applied to achieve accurate repeatable results. Hydrographic surveys will be conducted in accordance with the USACE standards for hydrographic survey, USACE EM 1110-2-1003 and Consultant Standard Operating Procedures. A2.14 OFFSHORE INVESTIGATION (NTE ALLOWANCE - PHASE II) Offshore geotechnical investigations will provide data for the design of an enhanced seawall, and any offshore elements such as islands, berms and reef substrates. The offshore geotechnical investigations will include: Design Criteria Professional for 36 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Seawall Borings - Drill and sample two (2) borings to depths of approximately 60 feet below grade on the upland side of the existing seawall. In cohesionless soils, perform the Standard Penetration Test (SPT). The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Test in accordance with ASTM D1586). In cohesive and semi -cohesive soils, use a 30-inch long, thin -walled Shelby tube to take relatively undisturbed samples. Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Relocated Seawall Borings - Drill and sample three (3) borings to depths of approximately 50 feet below grade approximately 20 feet seaward of the face of the existing seawall at locations. SPT or Shelby tube sampling will be done depending on the cohesive characteristics of the soil. The offshore borings will be backfilled after completion with neat cement grout. ■ A geotechnical engineer will review the soil samples and representative samples will be tested for physical properties such as unit weight, moisture content, sieve analysis/fines determination and organic content. Additional testing on the offshore features boring samples will include, unconsolidated undrained (UU) triaxial compression testing (ASTM-D2850), consolidation testing (ASTM D-2435), Atterberg limits determination ASTM D4318). An engineering analysis will include recommended soil pressures and depth of embedment of the seawall toe for the seawall borings and the allowable bearing capacity and expected settlement for the offshore features' borings. The results of the field exploration, laboratory test results and the engineering analysis/design recommendations will be the basis for the geotechnical engineering report, which will specifically contain: o Plan of the site showing the SPT boring locations; o Logs of the exploratory borings and soil classifications; o A general discussion of the soil conditions encountered within the SPT borings; o Groundwater level depth noted in the upland seawall borings at the time of drilling, if encountered and an estimate of seasonal high groundwater levels; o Engineering design recommendations for the seawall and offshore features thatwill include the following considerations: i. Bulkhead must support emergency vehicles driving along Brickell Key Drive; ii. 50-year design life: iii. Surcharge Loads iv. Hydrostatic drawdown due to differential groundwater/surface water elevations ■ Offshore Features Borings (additional scope) - Drill and sample four (4) borings to depths of approximately 30 feet below grade at locations shown on Figure 3. The SPT borings will be performed with a drill rig using rotary drilling procedures. SPT or Shelby tube sampling will be done depending on the cohesive characteristics of the soil. The offshore borings will be backfilled after completion with neat cement grout. A2.15 BENTIC SURVEY (NTE ALLOWANCE - PHASE II) ■ The Consultant biologists will conduct a seagrass survey of the Project area during the federally recognized seagrass growing season (June 1 through September 30 in Miami -Dade County). The seagrass survey will be conducted in accordance with the National Marine Fisheries Service (NMFS) recommendations contained within the Final Recovery Plan for Johnson's Seagrass, September 2002. The NMFS Protocol is broken down into three survey methods, 1) Small Project Sites, 2) Intermediate -Area Project Sites and 3) Large -Area Project Sites. Since the Project site is more than 1 hectare, the Large -Area Project Site guidance is appropriate. In addition to providing three survey methods based on project size, the NMFS Protocol states that a "preliminary visual reconnaissance of the site should be conducted to locate any occurrences of Halophila Johnsonii." ■ The preliminary visual reconnaissance survey will be conducted thorough visual assessment of the survey area providing comprehensive coverage of the proposed project area to accurately delineate existing seagrass habitat boundaries. The visual assessment will be conducted via bounce dives throughout the survey area. ■ Following the preliminary visual reconnaissance survey, a detailed qualitative and quantitative sampling of marine resources will occur in areas identified as seagrass habitat during the Design Criteria Professional for 37 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT preliminary investigation. The NMFS Protocol provides various transect methods for documenting the presence or absence of Halophila Johnsonii. The seagrass survey will use the recommended "belt transect" method to assess the site. The width of the belt transect will be 2 meters (one meter on each side of the transect tape). The NMFS Protocol requires that between 1 % and 30% of the site be sampled. Based on the transects described below, assuming that seagrass in present throughout the entire survey area, approximately 3% of the total Project site will be quantitatively surveyed. Seven (7) transects, ranging in length from —443 m to —650 m, will be evenly spaced (approximately 60 m apart) throughout the Project area, assuming seagrass is present throughout the entire survey area. Each transect will be assessed by divers using the belt transect method. Diver will record seagrass species and density on prepared data sheets and take representative photographs. ■ The divers will note and estimate seagrass coverage based on the following scale; a. 0-20% coverage b. 20-40% coverage c. 40-60% coverage d. 60-80% coverage e. 80-100% coverage Sparse Sparse to moderate Moderate Moderate to dense Dense ■ The divers will also note the occurrence of all seagrass species and mixed beds along the transects. If the seagrass area is a mixed bed, all species occurring will be noted, but the density estimate will be for the total seagrass coverage, not for each species separately. The dominant seagrass species will be noted where more than one species occur. ■ A Field Observation Report will be prepared documenting methodology and observations obtained during the seagrass survey and will include relevant photographs. ■ The above services will be provided for the length of the seawall extending 10 feet beyond the seawall. Should the selected alternative include features beyond 10 feet from the seawall into the water, then the seven (7) transects described above will be provided as additional scope. A2.16 BIDDING AND AWARD (PHASE II) Bidding and award activities will be led by the City. Consultant will conduct the following services during the bidding process. ■ Consultant will work with the City staff to provide a master copy of the Design Criteria Package (DCP) in electronic format (PDF), addressing any comments after the final submittal. The City shall distribute bid packages to potential bidders via online plan distribution. ■ Support with addenda. Consultant will respond to technical questions forwarded by the City for anticipated addenda as part of this scope of services. Consultant will respond to questions, in the format required by the City, for expedited response time and will generate necessary supporting documents, as applicable, and submit them to the City for distribution to registered plan holders. ■ Consultant will attend the pre -bid meeting at the City and prepare agenda. ■ Consultant will evaluate technical proposals received from shortlisted teams during the D/B selection process and associated bids, provide support for evaluation of the apparent low bidder's utilities contractor's qualifications for undertaking the utility work on the project, and provide a recommendation of award. A2.17 ENGINEERING SUPPORT SERVICES (PHASE II) A2.17-1 Design Reviews The Design Criteria Professional will act as the Owner's Representative and provide Engineering Support Services for design reviews during the D/B phase. We will review the various design drawings and specification submittals for the design package, assuming two submittals from the D/B firm. A2.17-2 Construction Administration During the construction phase, Consultant will provide technical services support for the construction of the improvements. Consultant will consult with and advise the City. All instructions to the Contractor will be issued through the resident project representative or in writing on an as -needed basis. During the construction phase, Consultant will: Design Criteria Professional for 38 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Attend one (1) pre -construction conference, prepare agenda and minutes. ■ Attend monthly progress meetings for a minimum of 16 months. Any additional meetings shall be included at the request of the City under the Contingency Allowance. The City Project Manager will be responsible for preparing meeting minutes for distribution. ■ Provide interpretation or clarification of the design criteria package during active construction when requested. ■ Review shop drawings and other submittals, on behalf of the City, up to two (2) times per submittal subject area for general conformance with the Contract Documents. ■ Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. ■ Coordinate with the full-time registered project representative (RPR) or Project Manager with review of applications for payment, test reports for soils, concrete and other materials on a monthly basis. ■ Assist Review and analyze claims, make recommendation to the City's Project Manager to evaluate claims made by the Contractor and prepare change orders as required. ■ Conduct substantial and final completion inspections and checklists and review record drawings. ■ Perform the necessary services described above during the Design -Build contract. A2.18 PUBLIC ENGAGEMENT DURING DESIGN AND CONSTRUCTION (PHASE II) Public outreach to stakeholders surrounding the planned workshops and in support of the overall project. Detailed elements of the outreach plan to be developed, but activities may include: ■ Facilitating public meetings, as per outlined in Phase I above ■ Production of materials to be used at outreach meetings, including brochures and direct mail ■ Creating social media platforms and message campaign on Facebook, Twitter and Instagram; monitor social media for stakeholder response to the project and respond as appropriate ■ Creating a dedicated website about the project and provide regular updates. A2.19 MODELING TO SUPPORT SELECTED DESIGN ALTERNATIVE (PHASE II) Using climate change scenarios selected for the project (sea level rise, extreme precipitation, storm surge, temperature, etc.), each of the design alternatives will be modeled to understand protection from storm surge as well as impacts to drainage during large rainstorm events. Storm surge modeling will be performed using NOAA's public domain model framework SLOSH, identified above and used extensively for such modeling in Southeast Florida. Model outcomes may be used to refine the design alternatives or develop new hybrid alternatives. Model setup and results will be documented in a Model Summary Report. A detailed scope of work will be developed for each Work Order issued. As further detailed in this Agreement, as may be amended from time to time, the City, acting by and through its City Manager or the City Manager's authorized designee, prior to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, may elect at the City's discretion, to proceed with the Work on a phased basis. This scope of work was used to establish the contractual budgetary estimates and will be furthered detailed during preparation of work orders. A2.20 PERSONNEL A2.20-1 General Requirements The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements, and character to adequately perform the duties assigned for each specific assignment under this scope of work. Unless otherwise agreed by the City, the City will not compensate straight overtime or premium overtime. A2.20-2 Consultants Safety Program Individuals designated by the Consultant for the Project should have appropriate level of safety training for their assigned duties. Design Criteria Professional for 39 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.20-3 Personnel Qualifications The Consultant shall utilize only competent personnel, qualified by experience, education, and licensing and certification requirements. The Consultant shall submit in writing to the Project Manager the names of personnel proposed for assignment to the Project, including a detailed resume for each containing at a minimum salary, education, and experience. A request for approval shall be submitted to the Project Manager at least two weeks prior to the date an individual is to report to work. Before the Project begins, all Project staff shall have a working knowledge of the current FDOT Construction Project Administration Manual (CPAM) and must possess all the necessary certifications for obtaining the duties of the position they hold. The Consultant Project Manager shall ensure that the City of Miami's current practices, policies, and procedures are met throughout the course of the Project. Cross training of the Consultant's Project staff is highly recommended to ensure a knowledgeable and versatile Project inspection team and should occur as workload permits. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The Project Manager or designee will have the final approval authority. A.2.19-3(a) Proiiect Manager The Consultant shall directly employ a lead individual on its team, referred to as the "Project Manager," (not to be confused with the Project Manager employed by the City) to lead and manage all efforts of the Project. The Project Manager (PM) shall be employed by the Proposer and must be a licensed, practicing, and registered professional civil engineer in the State of Florida. PM MUST have a minimum of eight (8) years of experience managing projects similar in nature to those described in the RFQ, and must be a currently licensed, registered, and practicing engineer in the State of Florida. A.2.19-3(b) Lead Designer The Lead Designer (LAE) shall be employed by the Proposer and must be a licensed, practicing, and registered architect, civil engineer, or landscape architect in the State of Florida. LAE MUST have a minimum of eight (8) years of experience designing projects similar in nature to that described in the RFQ. A.2.19-3(c) Urban Planner/Land Developer The Urban Planner/Land Developer (UP/LD) shall be a currently licensed and practicing urban planner certified by the American Institute of Certified Planners. UP/LD MUST have a minimum of eight (8) years of experience designing projects similar in nature to that described in the RFQ. A.2.19-3(d) Public Engagement Specialist The Public Engagement Specialist (PES) may be shall be an experienced public engagement professional, who has been practicing in the fields of government relations, public policy, community outreach, online engagement, organizational development, and meeting and event planning, preferably with outstanding knowledge of issues affecting South Florida communities in general. PES MUST have a minimum of eight (8) years of experience in public engagement activities for projects similar in nature to the one described in the RFQ. A.2.19-3(e) Landscape Architect The Landscape Architect (LA) may be employed shall be a currently licensed, practicing, and registered landscape architect in the State of Florida. LA MUST have a minimum of eight (8) years of experience in landscape architecture design for projects similar in nature to the one described in the RFQ. A.2.19-3(f) Other Required Personnel Other required personnel include the following individuals: ■ Certified Floodplain Manager ■ Grant/Financial Specialist ■ Cost Estimator ■ Project Scheduler ■ Economist ■ Civil/Transportation Engineer Design Criteria Professional for 40 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Architect ■ Coastal/Marine Engineer ■ Drainage Engineer ■ Traffic Engineer ■ Environmental Scientist ■ Environmental Permitting Specialist Licenses and any other pertinent information shall be submitted which demonstrates satisfaction of all the requirements identified in Section 3.5, "Minimum Qualification and Experience Requirements," of the RFQ. A2.21 STAFFING Upon execution of the Agreement, the Consultant shall establish and maintain appropriate staff which possess the experience, education, knowledge, licensure and certification requirements, and character to adequately perform assigned Project duties. In order to resolve a dispute in final pay quantities, the Consultant shall provide personnel familiar with aspects of a construction Project's final measurements. The Consultant shall replace staff whose performance is unsatisfactory within one week of City notification. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to perform services under this scope of Work. Personnel changes will require prior written notice to and written approval from City. A2.22 TIME FRAMES FOR COMPLETION The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or the Director's designee and shall terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant. The Project Manager may customize this requirement on a case -by -case basis. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by the City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to, the following: A3.02-1 Maior Revisions Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-2 Specialty Design Any additional special professional services not included in the Scope of Work. A3.02-3 Expert Witness Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during this Agreement. A3.02-4 Miscellaneous Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted practice related to Threshold Inspection services. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Design Criteria Professional for 41 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Subconsultant. Reimbursable expenses are identified below. Transportation, travel (aside from tolls required to access a Project site), and per diem expenses within Miami -Dade, Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between the Consultant's various permanent offices and Subconsultant. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this Agreement. A4.01-2 Reproduction, Photography Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation Identifiable Soil Borings and Reports and testing costs approved by the City. A4.01-4 Surveys Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-5 Other Items not indicated in Section 4.01 when authorized by the City. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or their designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultants' agreements provide for reimbursable expenses and when such agreement/s has/have been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, tree locations, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Proiect Information Information regarding Project Budget, City and State procedures, guidelines, forms, and formats. A5.01-4 Plans & Specifications City shall provide to the Consultant copies of the permitted plans and the specifications prepared by the Design Professional. A5.01-5 City's Standard Specifications for Road and Bridge Construction A5.01-6 Copy of Executed Construction Contract Design Criteria Professional for 42 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT A6.01 GENERAL Consultant shall provide as part of its Basic Services the following documentation and equipment, which shall be part of the Basic Services fee. A6.01-1 FDOT Documents All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction, shall be provided by the Consultant. Most, if not all FDOT documents, specifications, directives, procedures, and standard forms are available through the FDOT's internet website. A6.01-2 Vehicles Vehicles used in the field by any member of the Consultant's team will be suitable for their intended purpose and will be equipped with appropriate safety equipment. Vehicles shall have the name and phone number of the Consultant visibly displayed and legible. A6.01-3 Field Equipment The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope of Work and every element of the Services, and other items as determined by the Project Manager. Quality and quantity of such items is to meet the Project Manager's approval. At a minimum, each Consultant staff member shall be equipped with, or have immediate access to the following items: ■ Laptop computer installed with: o Wireless internet access o Microsoft Office o Scheduling software capable of reading and modifying MS Project schedules o Email access ■ Color printer (office) ■ 25' Tape measure ■ Smart Level ■ Accessible cellular phone ■ Digital camera (5 Megapixel minimum) ■ Temperature gun/reader ■ 10' straightedge ■ Any specific equipment based on the scope of Work assigned. ■ Hard hats and other appropriate safety gear will be provided to all field personnel. o Hard hats shall have the name of the Consultant visibly and legibly displayed. Such equipment includes those non -consumable and non -expendable items, which are normally needed and are essential in order to carry out the Scope of Work. Equipment described herein under this section will remain the property of the Consultant and shall be removed at the completion of the Work. The Consultant's handling of nuclear density gauges shall be in compliance with staff license. Radioactive Materials License for use of Surface Moisture Density Gauges shall be in compliance with FDOT's requirements. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of Services and duration of the Agreement. Consultant's field office equipment shall be regularly maintained and in operational condition at all times. A6.01-4 Licenses The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating testing equipment when licenses are required. The Consultant shall make the license and supporting documents available to the City of Miami, for verification, upon request. END OF SECTION Design Criteria Professional for 43 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Biscayne Engineering Surveying EDSA Urban Design, Planning, Landscape Architecture HR&A Financing Alternatives, Economic Analyses Kimley Horn Traffic, Mobility/Transit Program Controls, Inc. Project Control, Scheduling Wragg and Casas Public Engagement SCHEDULE A2 - KEY STAFF FULL NAME JOB CLASSIFICATION Ken Caban Project Manager Carol Hufnagel Lead Designer Keith Weaver Urban Planner/Land Developer Ramon Casas Public Engagement Specialist B Scott Lamont Landscape Architect Design Criteria Professional for 44 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE 131 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum, as defined in Section B3.01, Lump Sum. b) An Hourly Rate, as defined in Section B3.02, Hourly Rate Fees, and at the rates set forth in Schedule B1 — Wage Rates Summary. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B1.03 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. With the exception of Principals' compensation, which is formulated as a "flat rate," said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job classifications that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B1.04 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job classifications/categories, and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B1.05 MULTIPLIER For Work assigned under this Agreement, with the exception of Principals' compensation, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or travel and subsistence not directly related to a project. Principals' compensation will be established on a flat rate basis, with no multiplier included. B1.06 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. Design Criteria Professional for 45 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits) and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01.1 Lump Sum Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01.2 Modifications to Lump Sum If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01.3 Lump Sum Compensation It shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1 - Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed/Guaranteed Maximum Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a Project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. Design Criteria Professional for 46 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope of Work for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4, Reimbursable Expenses, and B3.03, Percentage of Construction Costs, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at http://archive.miamigov.com/MiamiCapital/forms.html The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05.1 Determination of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum; Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a Project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a Project is suspended for the convenience of the City for more than three (3) months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three (3) months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found on the OCI website at http://archive.miamigov.com/MiamiCapital/forms.html. Failure to submit Design Criteria Professional for 47 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT invoice(s) within 60 days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING - HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a Project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a Project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the Project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE 135 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01.1 Transportation Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01.2 Travel and Per Diem Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01.3 Communication Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01.4 Reproduction, Photography Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01.5 Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. Design Criteria Professional for 48 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT B5.01-6 Surveys Site surveys and special purpose surveys when pre -authorized by the Project Manager. B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION Design Criteria Professional for 49 RFQ No. 18-19-042 Brickell Bay Drive Improvements ATTACHMENT B - COMPENSATION ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal $200.00* Project Manager $68.97 $200.00 Project Manager 2 $65.52 $190.00 Lead Engineer / Technical Expert $67.24 $195.00 Sr. Engineer 1 $65.52 $190.00 Project Engineer 1 $51.03 $148.00 Engineer 2 $38.28 $111.00 Engineer 1 $34.48 $100.00 Scientist 2 $28.97 $84.00 Scientist 3 $36.21 $105.00 Sr. Scientist 2 $59.31 $172.00 CAD Designer $35.52 $103.00 Construction Project Rep 2 $58.33 $140.00 Sr. Project Administrator $30.34 $88.00 Project Administrator $24.48 $71.00 Sr Land Surveyor $54.14 $157.00 Sr GIS Analyst $44.14 $128.00 GIS Analyst 2 $32.07 $93.00 GIS Analyst 1 $25.17 $73.00 (*) Flat rate, no multipliers applied. Design Criteria Professional for 50 RFQ No. 18-19-042 Brickell Bay Drive Improvements ATTACHMENT B — COMPENSATION I& CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS {OCI} CONSULTANT STANDARD INVOICE To: City of Miami Office of Capital Improvements {OCI) 444 SW 2nd Avenue - Bth Floor Miami, FL 33130 ATT N: From: N OT E: Invoices received past 2:00 PM will he stamped with the Next Business Date Prepare invoices property to avoid payment delay_ Each invoice must be signed by a Pnncipal of the fine as designated_ Attach appropriate backupdocuments to each invoice_ Submit two (2) signed onginals. Invoice Number: Invoice Date: Month 00, 0000 Page: From Invoice Period: Month 00, 0000 Contract No.: Contract Title: Project No.: Project Name: Purchase Order No.: Work Order No: To: Month 00, GOOD SERVICE CONTRACT AMOUNT %COMPLETE TOTALEARNED TO DATE PREVIOUSLY INVOICED CURRENT INVOICE AMOUNT Schematic Design SD $ $ 6 5 Design Development(Di $ $ $ $ 3fl%Construction Documents 30%CD 60%. Construction Documents 60% CD 90%Consituchon Documents 90%CD $ $ $ $ 1OD% Ccnstruction Documents 100%CD Dry Run Permitting Bidding or Negotiation Phase Construction Admims"ton CA $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Reimbursable Expensets $ $ $ $ 1. Title $ $ $ $ 2. (Title) $ $ $ $ 3. Title $ $ $ $ Additional Services $ $ $ $ t_ the $ $ $ $ 2. (Tine) $ $ $ $ 3_(Tile) $ $ $ $ TOTAL: $ Prier to this Invoice Remaining Contract Balance: $ - $ $ $ Subtotal: E Deductions: Total Due : $ TO BE COMPLETED BY CONSULTANT FIRM CERTIFIED TRUE AND CORRECT BY: (Signature of Pnnrapal) (Type Name and Title of Principal) SUPPORTING DOCUMENTS CHECKLIST: Actrmtion Lefter of Phase being Inmiced� Supporting Documents for Im-ce� Construction Stahl Report. - Final Payment Documents: Additional Service Aulhon—h— AREA TO BE COMPLETED BY CRY OF MIAMI CITY OF MIAMI APPROVAL: DATE SIGNATURE Date Received CIP: PROJECT MANAGER CHIEF PROJECT MANAGER Jorge L. Mora Date Received for Payment Processing (Budget Department): ASSISTANT DIRECTOR Hector L. 6adla INTERIM DIRECTOR Design Criteria Professional for 51 RFQ No. 18-19-042 Brickell Bay Drive Improvements ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 8/22/2021 Estimator: Diana Santander STAFF CLASSIFICATION Principal Project Manager Lead Engineer Sr. Engineer 1 Project Engineer 1 Engineer 2 CAD Designer Job Classification Staff name name name name name name name Applicable Rate Rate: $68.97 Rate: $68.97 Rate: $67.24 Rate: $65.52 Rate: $51.03 Rate: $38.28 Rate: 35.52 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 6 Preparation of 60-Percent Engineering Documents 12 $828 100 $6,897 200 $13,448 368 $24,111 250 $12,758 400 $15,312 400 $14,208 7 Preparation of 90-Percent Engineering Documents 12 $828 120 $8,276 220 $14,793 420 $27,518 280 $14,288 420 $16,078 420 $14,918 9 Preparation of 100-Percent Engineering Documents 6 $414 40 $2,759 120 $8,069 210 $13,759 160 $8,165 280 $10,718 280 $9,946 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Staff Hours Salary Average By Cost By Rate Per Activity Activity Task 1,730 $87,562 $50.61 1,892 $96,700 $51.11 1,096 $53,829 $49.11 Total Staff Hours 30 260 540 998 690 1100 1100 4,718 Total Staff Cost $2,069.10 $17,932.20 $36,309.60 $65,388.96 $35,210.70 $42,108.00 $39,072.00 $238,090.56 $50.46 I Oral 7e oT vvorR Dy rosmon u.b/o b.b"/o l l.4"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 2"I.2110-14.b/o L3.3"/o L3.3"/o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $690,462.62 $690,462.62 $690,462.62 $10, 000.00 $700,462.62 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Project: Design Criteria Professional for Brickell Bay Drive Improvements Date: 11/5/2021 Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements Estimator: Diana Santander STAFF CLASSIFICATION Job Classification Staff Applicable Rate Project Manager Rate: $68.97 ngineer / Technical name Rate: $67.24 Sr. Scientist 2 name Rate: $59.31 Project Engineer 1 name Rate: $51.03 Engineer 2 name Rate: $38.28 Sr GIS Analyst name Rate: $44.14 �r. Project Administ name Rate: 30.34 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 1 Benthic Survey 10 $690 6 $403 260 $15,421 2 Coastal Modeling 8 $552 140 $9,414 12 $712 16 $817 72 $2,756 40 $1,766 8 $243 3 Marine Resource Mitigation 4 $276 140 $9,414 288 $17,081 60 $2,648 32 $971 4 NEPA Support 8 $552 40 $2,690 220 $13,048 120 $6,124 30 $1,148 12 $530 40 $1,214 5 BCA Support 12 $828 24 $1,614 160 $8,166 140 $5,359 40 $1,214 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Staff Hours Salary Average By Cost By Rate Per Activity Activity Task 276 $16,514 $59.83 296 $16,258 $54.93 524 $30,390 $58.00 470 $25,305 $53.84 376 $17,179 $45.69 Total Staff Hours 42 350 780 296 242 112 120 1,942 Total Staff Cost $2,896.55 $23,534.48 $46,262.07 $15,106.21 $9,262.76 $4,943.45 $3,640.80 $105,646.32 $54.40 I Oial 7e OT vvorK Dy t-osmOn 2.L"/o "1 tf. U"/o 4U. L"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $306,374.32 $306,374.32 $306,374.32 $306,374.32 1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Design Criteria Professional for Brickell Bay Drive Improvements Project No.: B-193802 Description: Design Criteria Professional for Brickell Bay Drive Improvements STAFF CLASSIFICATION Principal Project Manager Lead Engineer Sr. Engineer 1 Job Classification Staff name name name name Applicable Rate Rate: $68.97 Rate: $68.97 Rate: $67.24 Rate: $65.52 Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ hours Activity hours Activity hours Activity hours Activity 1 Basis of Desing Report 1 $69 10 $690 50 $3,362 60 $3,931 2 Pump Station Sitting and H/H Evaluation 2 $138 40 $2,759 50 $3,362 70 $4,586 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Consultant Name: Tetra Tech Contract No.: RFQ No. 18-19-042 Date: 11 /9/2021 Estimator: Diana Santander -roject Engineer 1 Engineer 2 CAD Designer Staff Hours Salary Average Rate: name $51.03 name Rate: $38.28 name Rate: 35.52 By Cost By Rate Per Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity 80 $4,082 24 $919 225 $13,053 $58.01 80 $4,082 140 $5,359 382 $20,287 $53.11 Total Staff Hours 3 50 100 130 160 164 607 Total Staff Cost $206.91 $3,448.50 $6,724.00 $8,517.60 $8,164.80 $6,277.92 $33,339.73 $54.93 I Oral 7e oT vvorR Dy YOsmon U.b"/o b.Z"/o lb. b"/o ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = 7 - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 L"1.4"/o 2b.4"/o L/.U"/o 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: Subconsultant: Subconsultant: Subconsultant: Subconsultant: 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $96,685.22 $96,685.22 $ $96,685.22 $10, 000.00 $106,685.22 1 edsa 17 March 2021 18 August 2021- Proposal Amendment- V2 —Fee Update 12 November 2021 Kenneth L. Caban, PE, BCEE I Vice President Southeast Florida Regional Manager Direct: 954.364.1752 1 Cell: 305.849.3404 1 Fax: 954.308.3512 ken.caban@tetratech.com Tetra Tech I Resilient Sustainable Infrastructure Division 4601 Sheridan Street I Suite 212 1 Hollywood, FL 330211 www.tetratech.com Re: Brickell Bay Drive Improvements I Landscape Architecture Services Dear Ken, EDSA is pleased to offer you the following proposal for Landscape Architectural Services to develop the Brickell Bay Improvements project in tandem with the Tetra Tech team. We understand that this waterfront project is a pivotal one for the City of Miami to create a memorable public realm along this iconic waterfront which is resilient to the environmental impacts which are very evident within South Florida. We welcome the opportunity to collaborate with Tetra Tech on this exciting project. With our extensive experience in urban design, hospitality and public realm work, we feel confident that we can assist in creating a desirable destination with a unified sense of place. As per our call on August 4 and August 17, 2021, we understand that the City of Miami and Tetra Tech are requesting that we amend our agreement from a Design -Build structure to a Design Build Bid structure in an effort to capitalize and secure FEMA fees for the project. We understand that the previous proposal for the following tasks will remain as per the agreement with the exception of Stage 3.4 which will be retitled "Basis of Design Report". EDSA's Scope of Services and deliverables under the current agreement will remain as is. 01iginal Agreement.• Stage 1 (A2.03.1) Project Kickoff Stage 2 (A2.05) Data Compilation Stage 3 (A2.08) Design Criteria / Guidelines (Land Use, Urban Design, Landscape Architecture) Stage 3.1 Kick-off Chalette Stage 3.2 Concept Plan Alternates Stage 3.3 Plefened Concept Plan Stage 3.4 • Develop Design Guidelines (client support) Stage 4 (A2.10) Design Develop - 30% Design Development drawings This new Scope of Services will continue EDSA's involvement in the design process and commence with construction period services. We are confident that EDSA's planning and landscape architecture expertise will make us a strong asset for the design team. Our following proposal addresses the landscape architectural services we feel are appropriate for describing the Public Realm of the Brickell Bay Drive and offering creative solutions to address the pedestrians and vehicular traffic coupled with the strong desire to create a resilient frontage for Miami. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 2 of 14 TECHNICAL PROPOSAL The Project The City is revitalizing, renewing, and enhancing its waterfront on Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. The City will be implementing its vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Creating a long-term stewardship structure that protects and enhances quality of life and public and private investments is essential to keeping the Brickell Bay Drive waterfront area a functional, long- term resilient and adaptable asset. EDSA, part of the multidisciplinary team lead by Tetra Tech, will provide landscape architecture and planning assistance for the Brickell Bay Drive Improvements project. We understand that the City is requesting services necessary to complete the Design Criteria Package (`DCP) for the City that shall encompass all necessary documents required for the future advertisement of a Design/Build RFP solicitation. We understand that the urban, engineering, and architectural design alternatives that will be designed for the Project could have inherent environmental consequences that need to be considered as part of the DCP. Factors relating to tidal and storm surge, drainage, the ecosystem of Biscayne Bay, transportation, cultural resources, urban design/visual aspects, open space and recreation, and topography need to be considered. Provided in this proposal are the specific tasks applicable to the EDSA team in support of Tetra Tech as we further the Design Criteria Package. For the purposes of this proposal, the "City" is the City of Miami, the "Client' is Tetra Tech, and the "Consultant' or "L.A." is EDSA. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 3 of 14 Design Stages The following section describes in more detail the planning process and deliverables necessary to complete the design work. Based on the amendment request, we have modified our services as follows. EDSA will provide landscape architectural services as detailed below for design stages including: Stage 1 Design Advancement 1.1 60% Design Development Stage 2 Construction Documents 2.1 90% CD/ Construction Documents for permitting 2.2 100% CD Construction Documents for bidding Stage 3 Bidding and Construction Period Services 3.1 Bidding Assistance 3.2 Conformed Set 3.3 Construction Period Services The landscape design services for these phases will include the following Soft & Hard Landscaping, Construction Documentation, and Construction Period Services. To supplement and complete the overall exterior design, EDSA will utilize the following sub-consultant(s) to address the necessary supplemental efforts required for the project. EDSA will manage and coordinate the work of those consultant(s) throughout the design process. Irrigation Consultant Task: provide irrigation plans in support of planting plan including: • Pre Design Site Visit and Existing Irrigation Conditions Plan • Irrigation Demo and Lifeline Plan • DID Irrigation Plan • CD Irrigation Plan • Post Installation site visit 2. Technical Specifications Consultant Task: provide technical specifications in support of the Construction Document phase as outlined below. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 4 of 14 SCOPE OF WORK 1. Design Advancement Based upon the approved 30% Design Development drawings, EDSA will further the design through the advancement of the Design Development Drawings. The Plans will be developed at a sufficient level to articulate the design intent for the project which may be illustrated as enlargement plans indicative of the design intent for the entire Brickell Bay Drive. Any revisions required based on comments from the City and Client will be addressed in the subsequent phases. Additional submissions are not included within the current agreement. 1.1 Submission 1: Design Development Based on the approval of the drawings in the previous design phase, EDSA will move into a Design Development Drawings and shall include all drawings and documentation necessary to further finalize the site design, size, and character of the project. Please note, these documents will not be final construction drawings, nor should they be used for construction. Design Development will include the following: • Development and expansion of the approved Concept Design Document package, including the preparation of a coordinated set of Design Development drawings. • Further refine design parameters • Design coordination meetings with Ownership and Consultant Team. • Prepare Design Development documents for landscape and impermeable surfaces, grading, planting and irrigation system, reviewed and coordinated with other disciplines. Drawings are to show main design intent and will include: - The landscape grading and material selection surface drainage of exterior pedestrian pavements and planting areas - Design layout of special features and hardscape elements; limited to detailing of aesthetic elements — shapes, finishes, and effects - Layout of outdoor site furnishings. - Exterior planting and landscape design including general species selection. Deliverables: EDSA's drawing package will consist of full -format drawings and is to be formatted to match the project standards. We anticipate the Design Development package for the overall landscape site package to be assembled as follows: • Illustrative Site plan • Layout Plan (AutoCAD) to showcase overall site relationships ■ Hardscape plan including material layout plan ■ Hardscape material selection • Aesthetic Grading Plan (AutoCAD) to showcase overall vertical site relationship • Unique site features/ distinguishing site characteristics ■ Features will be developed to further the design intent explanation which may be illustrated through plan, section, elevation and materiality 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 5 of 14 ■ Note: This will be through a series of character images, notes, and/or materials selection (does not include CAD construction details) • Landscape Plan (AutoCAD) ■ Illustrate Sod versus Shrub areas ■ Depict shade trees/ flowering trees/ palms • Landscape character imagery of landscape intent • Critical Site Elements character imagery and/or cut sheets which may include: ■ Lighting ■ Site Furnishings • Irrigation layout and system design Meeting(s) o See Project Meeting schedule 2. Stage 2 Construction Document 2.1 Submission 1: 90% Construction Documents Based on the approval of the drawings in the previous design phase, EDSA will prepare full -service Construction Documents and Specifications for all hardscape and landscape elements within the property. The Construction Documents phase shall consist of the completion of all the landscape, hardscape, and irrigation. It will be broken into two phases. The 90% set will be used for permitting and will be submitted to the City. It shall also include all drawings and documentation necessary to fix and describe a code -compliant design for the purpose of bidding, permitting and construction, as well as the preparation of final specifications defining systems, fabrication requirements, procedures, submittal requirements, quality assurance requirements, products, and manufacturers. Detailed coordination with the Owner, Owner's Representatives, Architect, and all other project team consultants and specialty consultants shall be continued during this phase. As part of this coordination, an internal review shall be performed relative to all disciplines affecting this scope of work to ensure quality control and minimize conflicts. These drawings and specifications will fully describe all project component relationships and construction methodology. They will indicate material selections, finishes, furniture, hardware, and product specification, as well as to provide full detailing needed to construct the project. EDSA will participate in virtual team meetings during this phase of work. Construction Documents will consist of the following: • Layout Plans — All pedestrian hardscape configurations including terraces, patios, walkways, pathways, ramps, decks and walls. • Hardscape Plans — Illustrating all paved pedestrian and special vehicular area surfaces including materials, pavement patterns, colors, textures and product selection. EDSA will coordinate with the selected interior designer for outdoor furniture selection and layout. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 6 of 14 • Planting Plans — Illustrating all trees, palms, shrubs, ground covers, grasses and aquatic plant material indicating size, quality, quantity, colors where applicable, planting techniques and their location in each area. • Irrigation Plans — EDSA will provide working drawings and written specifications. If an irrigation system upgrade is required, EDSA will provide water usage calculations sufficient to obtain a building permit and comply with sustainability goals. • Landscape Construction Details. • Landscape Technical Specifications. • Provide stamped and wet -signed permit submittal sets in the number required by the Authorities having Jurisdiction (Al • Review and respond to plan check comments from the Al Deliverables • Tree Protection and Disposition Plans and Details • Hardscape and layout notes, plans and enlargement sheets • Layout detail sheets (to include site furniture details, schedules and specifications) • Planting notes, plans, and enlargements • Planting detail sheets (to include plant schedule and specifications) • Irrigation plans • Final Landscape Technical Specifications EDSA shall not be responsible for construction means, methods, techniques, sequences, or procedures, for safety precautions and programs in connection with the work, or the acts or omissions of the contractor. Deliverables Format • All Construction Documents will be delivered in Arch D paper size two (2) sets • Digital copy (include all applicable AutoCAD documents) During this task, EDSA will attend up to two (2) Construction Documents meetings with your internal team at your office or in EDSA's Fort Lauderdale office. Additional team coordination meetings in South Florida will be attended as needed and billed per our rate schedule. All other coordination can be conducted via email or web -based means. 2.2 Submission 2: 100% Construction Documents Based on the permit comments received upon the submission of the 90% Construction Documents, EDSA will address those comments and resubmit all drawings listed within the previous design stage. The 100% Construction Documents will be used as the Bid Set for the job. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 7 of 14 3. Stage 3 Bidding and Construction Period Services 3.1 Bidding Assistance During the bidding stage, EDSA will be available to answer questions and address comments that arise from the prospective contractors. For the purposes of this proposal, the scope of services and fee for Bidding Assistance will be provided on an hourly basis. For the purposes of this proposal, we have budgeted one (1) meeting and estimated ten (10) hours of in office time to support this phase of work. 3.2 Conformed Set Should any questions that arise during the bid set necessitate changes to the 100% document and/or specification set, EDSA will update our documentation up to one (1) time to address the modifications. This new set will serve as the construction set for the project. 3.3 Construction Period Services The Construction phase will commence with the award of the contract for construction. EDSA shall be available for project review, as it directly relates to the Construction Documents described above. These services shall be oriented toward reviewing the progress of site construction, specifically design and aesthetics of the site work, and preparing written documents advising the Owner of the items which appear to need correction. EDSA shall assist the Owner and contractor in the interpretation of the requirements of the Construction Documents and shall render interpretations necessary for the proper execution of the work with reasonable promptness. EDSA shall also review and take appropriate action upon the contractor's submittals, such as shop drawings, product data, and samples, but only for conformance with the design concept and with the information given in the Construction Documents. During this stage of work, EDSA shall visit the site, and attend construction meetings at key intervals. EDSA will report to the Owner as to the status of the implementation of our scope of work and outline field sketches as needed to ensure the design intent is met. EDSA shall provide project record documents based on annotated drawings prepared by the contractor. For the purposes of this proposal, the scope of services and fee for Construction Observation will be provided on an hourly basis. For the purposes of this proposal, we have budgeted five (5) site visits and up to eighty (80) hours of in office time to support this phase of work. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 8 of 14 GENERAL NOTES Project Specific Notes a) Assumptions: a. Tetra Tech will provide the title block template for all presentation documents. EDSA will utilize the title block to format each set of deliverables. b. All submissions to the City or to Tetra Tech will be in digital, PDF format, not printed format. b) For the purposes of this proposal only, excluding any future projects with either the City or Tetra Tech, EDSA has agreed to the reduced General Rate Schedule as depicted in Exhibit A. Further references to the rate schedule listed in this agreement reference the rates reflects within the Exhibit A. c) Each Task outlined will be one (1) submission. Revisions will be addressed in subsequent submittals. d) Additional submissions or revisions will require additional services. Revisions/submissions will be billed at an hourly rate per EDSA's General Terms and Conditions and Rate Schedule. Exclusions a) Architecture and design of any buildings or structures b) Interior hardscape design & furniture selection. c) All roofing and waterproofing details. d) Engineering related to Swimming pools and water features. e) Lighting Design and photometrics. f) Civil Engineering (Final Grading, subsurface drainage and utilities). g) MEP Engineering. h) Structural Engineering. i) Coastal Engineering. j) Signage and Wayfinding Design. k) Public Art Design. 1) Audio/visual services. m) Survey plans and surveying services. n) Construction and implementation of proposed improvements. o) Any revisions to the project scope resulting from changes initiated by client, architect or consultants and that are in excess of the included revisions described in each phase above. p) Probable cost of construction or quantity surveying. q) As -Built Drawings. r) Local partners or sponsors. s) Commissioning of water features, lighting and irrigation systems. t) Permitting and approvals. These will be the responsibility of the Owner and/or Architect of Record. u) Preparation and stamping of shop drawings shall be by the contractor's engineer. v) Other services not specifically enumerated and identified herein as included in the scope of services. Deliverable Exclusions a) CAD drawings will not be provided until the Design Development phase unless otherwise noted. b) CGI renderings in addition to those already included in the scope of services. c) Building Information Modeling (BIM) - EDSA will produce basic site modeling and coordinate Revit information with the Design Team to that extent. However, the primary documentation will remain in AutoCAD and related 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 9 of 14 software until practical BIM options for landscape architecture are available. If the project requires full BIM workflows for landscape architecture throughout, EDSA will reassess fees accordingly. d) Marketing -oriented 3D modeling and animations or fly-throughs. Requirements The Client will be responsible to provide EDSA with the required information during the detailed design process. EDSA and the Design Team will rely on information and input from the Client and Owner's representative to include the following: a) Certified property survey including boundary, topography, tree survey, aerial photographs and existing conditions, and features. EDSA will rely on the accuracy of this information. b) Site conditions including public utilities, geographic conditions, rights of way, restrictions, easements, deed restrictions, environmental impact reports, environmental impact reports and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. c) Survey and site conditions data will be provided to EDSA in electronic file format compatible with AutoCAD. d) The Client will provide EDSA with all zoning and planning requirements and will be responsible for securing planning, zoning and environmental impact report approvals from all relevant municipalities and government agencies. e) This proposal assumes that coordination of submittal package information and the actual submittal process for governmental approvals will happen through the Client and City. f) The Client will provide all necessary development program and budget information for the project. In addition, the Client and Owner's representatives will establish a schedule for the project. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 10 of 14 PROJECT SCHEDULE, MEETINGS, + FEES PROJECT SCHEDULE a) Upon execution of this agreement, the Client shall finalize a project schedule and / or major milestones dates related to the landscape project deliverables. The fee is based upon the assumption that each phase will commence promptly after the owner's approval to the prior phase. In the event of delay between phases, whether due to a failure to receive the City's approvals, Client's approvals, governmental approvals or otherwise, the fee will be modified accordingly to account for such delay. b) Our team is prepared to commence preparation immediately upon approval of this proposal and receipt of the initial payment. PROJECT MEETINGS EDSA will prepare for and attend the following meetings: Quantity Phase/ Contract Section Purpose (City Meetings) Location One (1) 60% Design Development Presentation to review Documents Virtual/ Web Based call One (1) 90% Cl Construction Documents for permitting Presentation to review Documents In Person or Virtual/ Web Based call One (1) 90% Cl Construction Documents for permitting Plan Review Virtual/ Web Based call One (1) 100% CD Construction Documents for bidding Plan Review In Person or Virtual/ Web Based call One (1) Bidding Assistance Bidding support Virtual/ Web Based call Five (5) Construction Period Services Site visit to review work Site EDSA assumes that each meeting times will not exceed 1 hour with the exception of the Kickoff Charette which is anticipated to be up to 3 hours. Additional meetings will require additional services. Meetings will be billed at an hourly rate per EDSA's General Terms and Conditions and Rate Schedule. PROJECT FEES The above -described landscape architectural work can be provided for the following fee, broken down by stage as followed in Exhibit B. Refer to Exhibit A for Rate Schedule. Note: The above referenced fees are net of any and all taxes or tariffs. EDSA will require a 20% mobilization fee to initiate the work. Reimbursable Expenses: a) Travel expenses in connection with the Project are NOTincluded in this proposal and will be billed at a reimbursable rate. b) Costs of CGI renderings, photographs and models beyond those outlined in the above scope and deliverables. c) Expense of Professional Liability Insurance dedicated exclusively to the Project, or additional insurance coverage requested by the client. d) Costs of printing, reproduction, postage and delivery of drawings required for submission or coordination requested by client, City or consultants. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 11 of 14 e) Services of professional consultants, including engineers or specialists. Any costs for necessary external services to be approved by the client prior to moving forward. f) All fees associated with permits and/or plans processors (expeditors). g) Other Project -related expenditures approved in advance by the client. h) All reimbursable expenses will be billed to the client at cost. Approval of Services/ Changes to Approved Services a) The Landscape Architect will only proceed with a phase or design package after receiving the Client's written approval of the services and deliverables provided in the previous. b) Revisions to drawings or other documents will be considered Additional Services when made necessary due to Client- requested changes to previously approved drawings or due to Client changes to previously established budget, program, project complexity, size, and/or scope. c) If EDSA is requested to provide additional submissions outbound of those listed in the provided Scope of Services, EDSA will need to receive the request in writing. Changes to that portion of the Scope of Services will be billed at an hourly rate. d) Quantity and method of deliverables will be the decision of the Landscape Architect provided they are sufficient to describe the design intent and coordinate with the design team. Approval of submittals will not be withheld due to any requirements communicated after drawings have been submitted. e) Client's decisions, approvals, reviews, and responses shall be communicated to the Landscape Architect in a timely manner so as not to delay the performance of the Landscape Architectural Services. f) Team changes (General Contractor, Client Representative, Consultants and Joint Venture). g) Budget requirements which require significant changes or modifications to approved drawings. h) Significant time spent to review contractor substitutions. i) Time spent to address program or design changes by the Owner or operator, or major field revisions caused by construction issues of other disciplines. j) Separation of the project construction into phases or other development strategies that may be employed that require multiple packages or repackaging of construction documents. k) Extensions of construction time. 1) Payments are due upon Submission of the specific task being submitted as outlined above and are not contingent upon Government or Client approvals. m) In an effort to meet project timeframe, EDSA will require written comments from the Client in advance of proceeding into the next stage of work. Comments must be coordinated and representative of all necessary entities of the Client team and will provide a clear direction for the next steps of design. n) EDSA will revise the design packages if errors are caused by the fault of EDSA. The efforts associated with these changes will be at no charge to the client. However, if through the fault of others or other program changes, EDSA has to make changes to the design packages, then these changes would be deemed an additional services and EDSA will seek authorization from the Client, and an appropriate fee before completing the work. o) A detailed project schedule was not provided by the City upon the authoring of this contract. Fees are calculated based on the anticipated effort for each task. Additional services may be required if the project schedule and consultant involvement extend above and beyond what has been anticipated within this Scope of Services. Invoicing/Payment Schedule: a) Invoices for work complete will be submitted monthly. b) EDSA will not begin work until the mobilization payment has been received and requires a two -week mobilization period. c) Payments are due and payable 30 days from the date of the Consultant's invoice. Invoiced amounts unpaid 45 days after the invoice dote shall be deemed overdue and shall accrue 1.5 % interest per month and may result in a suspension of services. 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 12 of 14 d) If for some reason, after EDSA's submission of the deliverable, the Client delays payment for any reason, EDSA is to be paid in full within two weeks of said delay. If the delay extends pass thirty (30) days, then EDSA will due a remobilization fee, or no less than $20,000 USD ($). e) EDSA will require payment/ payment confirmation in advance of proceeding into the next stage of work. All of us at EDSA would like to thank you for the opportunity to work with your team on such an exciting project. We also are looking forward to deepening our relationship with Tetra Tech and collaborating with the City of Miami. Please feel free to call me if you have any questions or if there are any modifications to this proposal. If the above is agreeable, please send us a signed copy of this proposal. Once mobilization is received, we will schedule the design team immediately. We welcome a call with you to initiate the project. Yours faithfully, Betsy Suiter, ASLA Vice President cc: Courtney Moore Pablo Massari Andrea Quintero Marketing Attachments: General Terms & Conditions APPROVED and ACCEPTED this M Now Scott LaMont, ASLA Principal day of , 2021 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 13 of 14 Exhibit A 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com edsa ...................................................................... A. Introduction: GENERAL TERMS AND CONDITIONS These General Terms and Conditions are part of the attached Agreement and are hereby incorporated by reference. If EDSA does not receive a response to the Agreement within ninety (90) days, fees and conditions for design services may be subject to change. Your acceptance of this Agreement constitutes your acceptance of the foregoing General Terms and Conditions. B. Standard of Care: The standard of care for all professional services performed orfurnished by EDSA underthis Agreement will be of the skill and care used by landscape architects practicing under similar circumstances, atthe same time, and in the same locality. C. Requirements of Client Furnished Information: Client shall provide EDSA with a development program and site information regarding the requirements and objectives for the Project. Additionally, EDSA shall rely upon the accuracy and completeness of any information, reports, and/or site surveys/base information supplied by Client or others authorized by Client. Client warrants that it is the copyright owner or has permission from the copyright owner to use and/or transmit the design documents or any other information ("Design Documents") to Consultant for its use on the Project. Client hereby releases the Consultant and any of Consultant's sub-consultant(s) from all claims and causes of action arising from Consultant's use of the Design Documents. Client, to the extent permitted by law, further agrees to indemnify and hold harmless Consultant and any of its sub -consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Consultant's use of the Design Documents. Upon notice by EDSA, Client shall defend EDSA with counsel chosen by EDSA. The parties agree that this duty to defend is separate and distinct from any indemnity obligation, and the duty to defend shall apply regardless of whether the Client is obligated to indemnify EDSA. Client's obligation to indemnify EDSA against any attorneys' fees or other costs or expenses incurred by EDSA in connection with the defense of any claims or causes of action within the scope of this Paragraph shall be construed as a separate item of indemnification which shall be an absolute obligation of Client even if such claims or causes of action are invalid or groundless. D. Responsibilities During Construction Phase: If EDSA's services under this Agreement do not include construction administration related services for the Project, then Client assumes all responsibility for the application and interpretation of EDSA's drawings, specifications, and other instruments of service; the observation and evaluation of Contractor's work and the performance of any other necessary construction phase landscape architectural or professional services; and Client waives any claims against EDSA that may be connected in any way thereto. Client Initials EDSA General Terms and Conditions Page 2 of 4 E. Out -of -Pocket Expenditures: Unless otherwise stated in the attached Agreement, Client shall pay all out-of-pocket expenses, in addition to professional fees. Out-of-pocket expenses are defined as actual expenditures made by EDSA, their employees, and/or sub -consultants in the interest of the Project and include, but are not limited, to the following expenses: 1. Air travel, including departure taxes and related airline/agency fees ((Business Class on flights of three (3) hours or greater); 2. Hotel accommodations; 3. Meals; 4. Ground transportation (i.e., rental cars and taxis); 5. Postage, telephone, express mail, and courier services; 6. Photocopying, reproductions, and printing costs; 7. Photographic supplies and processing; a. Study model materials; 9. Client authorized consultants engaged to create/complete special renderings, models, and photography. The above listed items may be billed at actual cost incurred plus a 10% Administrative Fee. F. Ownership of Documents: All documents prepared or furnished by EDSA pursuant to this Agreement are instruments of EDSA's professional service. Upon payment in full for services rendered, EDSA shall grant joint ownership of such documents. Reuse, reproduction, or modification of such documents by Client without EDSA's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold EDSA harmless from all claims, damages, and expenses including attorney's fees arising from such reuse by Client or others acting through Client. G. Use of Electronic Media: Copies of documents that may be relied upon by Client are limited to printed copies (also known as hard copies) that are signed or sealed by EDSA. Electronic files in text, data, graphic, or other formats furnished by EDSA to Client are for convenience only. Any conclusion or information obtained or derived from such electronic files will be at the sole risk of Client. When transferring documents in electronic media format, EDSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those in use by EDSA at the onset of the Project. H. Additional Services Outside Agreed Upon Scope: Services requested by Client or Client's Representative that are in addition to the Scope of Work listed in the Agreement will be considered Additional Services and reviewed, at that time for additional fees. Additional services shall be provided if authorized by the Owner. These additional services may include, but are not limited to: 1. Services related to revisions and/or additions to drawings, specifications, or other documents outlined, when such revisions are inconsistent with instructions previously given or are a result of program modifications, change to previous direction, or governmental reviews; 2. Scope of work changes in project size, scope, area, complexity, and budget; 3. Documentation, assistance, and coordination of on -site visits or representation beyond what is outlined; 4. Team changes in General Contractor, Client Representative, Consultants and/or Joint Venture; 5. Schedule changes related to meetings, duration, and phasing; 6. Significant time spent to review Contractor substitutions; Client Initials EDSA General Terms and Conditions Page 3 of 4 7. Time spent addressing program/design changes or field revisions by the Owner or Operator caused by construction issues of other disciplines; 8. Budgeting or value engineering requiring changes or modifications to complete and approve drawings; 9. Separation of the project construction into phases or other development strategies requiring repackaging of construction documents; 10. Extensions of construction time; 11. Preparation of professional plans, drawings, documents and/or renderings beyond what is detailed in the scope of deliverables; 12. Cost estimating; 13. Documentation specific to LEED certification Compensation/Invoicing: All fees and reimbursable expenses will be invoiced monthly and shall be payable in net U.S. Dollars by wire transfer or by check drawn upon a U.S. Bank, unless otherwise stated in this Agreement. The Client understands and acknowledges that these fees are net of any non-U.S. taxes and/or tariffs. If a retainer is received by EDSA, it will be applied to the final payment due unless otherwise stated in this Agreement. In the event Client should use a foreign bank as its payment bank, Client shall wire the funds in U.S. Dollars, net of any transaction fees, to EDSA's local bank using the following information: ABA NUMBER: SWIFT NUMBER: CREDIT: ACCOUNT NUMBER: SunTrust Bank 515 East Las Olas Boulevard Fort Lauderdale, FL 33301 061000104 SNTRUS3A EDSA, Inc. 1000114180770 Please indicate Project name and/or number to be credited. All invoices are payable upon receipt. In the event payment is not received within thirty (30) days of invoice date, the past due balance may be assessed an interest penalty of one and one-half percent (1 1/2%) per month. J. Termination Rights: In the event EDSA does not receive payment within sixty (60) days, EDSA may stop work on the Project until payment is received. Such stoppage of work by EDSA will not be deemed as a default under the terms of this Agreement. Under this scenario, an additional fee may be required to restart work due to non-payment. Client may terminate this Agreement for cause, with seven (7) days prior written notice to EDSA. EDSA may terminate this Agreement for cause with seven (7) days prior written notice to Client. Failure of Client to make payments when due shall be cause for suspension of services or ultimately, termination, unless and until EDSA has been paid in full for services rendered, expenses incurred, and other related charges. In the event that the Project is suspended for more than forty-five (45) days, through no fault of EDSA, EDSA shall be entitled to payment for services based on a percentage of completion for all completed work. In the event of termination, EDSA shall be compensated for all services fully and satisfactorily performed up until such termination date, together with reimbursable expenses incurred. Client Initials EDSA General Terms and Conditions Page 4 of 4 K. Dispute Resolution: The Client agrees that this Agreement shall be interpreted according to the laws of the state where the contracting EDSA office is located, and agrees to reimburse EDSA for reasonable attorney's fees, court costs, and all expenses including without limitation, all such fees, costs, and expenses incidental to arbitration, appeals, and post -judgment proceedings that it may expend in enforcing this Agreement. In the event of any such dispute, Client agrees that the ultimate court venue will be located in Broward County, Florida. L. Execution/Duration: Signature of the attached Agreement will signify Client's acceptance of all the Terms and Conditions outlined herein. Accordingly, Client warrants that the necessary funds are available to pay EDSA for the services and expenses outlined in this Agreement and that these funds are not encumbered nor contingent upon subsequent approvals, permits, or financing commitments. This Agreement will be valid for the duration of the Project. Client Initials 16 March 2021 17 August 2021- Proposal Amendment (v2) Brickell Bay Drive Improvements I Tetra Tech Page 14 of 14 Exhibit B 1512 E. BROWARD BOULEVARD, SUITE 110, FORT LAUDERDALE, FLORIDA 33301 USA TEL: 954.524.3330 www.edsaplan.com ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Brickell Bay Resilency (Miami, Florida) Project No. Description: Consultant Name: EDSA Contract No.: Date: 11/8/2021 Estimator: insert name STAFF CLASSIFICATION Staff Hours Salary Average By Cost By Rate Per Job Classification Staff Applicable Rate Principal Project Manager TBD TBD Rate: $68.96 Rate: $46.78 Landscape Architect] Designer 1 TBD Rate: $40.20 Landscape Architect] Designer 2 TBD Rate: $33.32 Landscape Architect/ Designer 3 TBD Rate: $26.15 Project Administrator TBD Rate: 29.42 Work Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Activity Activity Task 1 Design Development 8 $552 80 $3,742 280 $11,256 150 $4,998 280 $7,322 798 $27,870 $34.92 2 90%Construction Documents 8 $552 80 $3,742 320 $12,864 180 $5,998 290 $7,584 878 $30,739 $35.01 3 100%Construction Documents 6 $414 20 $936 70 $2,814 70 $2,332 70 $1,831 236 $8,326 $35.28 4 Bidding Assistance 8 $552 16 $748 35 $1,407 20 $666 20 $523 99 $3,897 $39.36 5 Conformed Set 4 $276 16 $748 40 $1,608 30 $1,000 20 $523 110 $4,155 $37.77 6 Construction Period Services 10 $690 40 $1,871 80 $3,216 40 $1,333 40 $1,046 210 $8,156 $38.84 Estimated Total Staff Hours 44 252 825 490 720 2,331 Total Staff Cost $3,034.24 $11,788.56 $33,165.00 $16,326.80 $18,828.00 $83,142.60 $35.67 Total %of Work by Position 1.9 % 10.8 % 35.4 % 21.0 % 30.9 % 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.9) EDSA: The Applicable Rates are calculated based on a lump sum fee and area only applicable to this fee chart associated with the Brickell Bay Resilency Projec Subconsultant: Irrigation Subconsultant: Technical Specifications ESTIMATE OF SURVEY CREW COSTS Subconsultant: Sub 3 3 - man Survey Crew: crew days at Subconsultant: Sub 4 4 - man Survey Crew: crew days at Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Notes: Geotechnical Field and Lab Testing: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. Survey Fee (or Survey Crew Fee): 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden Other Misc. Fee: Enter Fee Description 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope 3 - SUBTOTAL ESTIMATED FEE: and Staff Hour Estimation Handbook. Additional Services (Allowance) Reimbursables (Allowance) City of Miami, C.I.P. Form 117: Created 8/24/09-Revised 11/20/12 GRAND TOTAL ESTIMATED FEE: $241,113.54 $4,500.00 $13,000.00 $258,613.54 $258,613.54 $258,613.54 BISCAYNE ENGINEERING August 12, 2021 Tetra Tech 6303 Blue Lagoon Dr., Suite 305 Miami, FL 33126 Attention: Diana M Santander, P.E. Sr. Project Manager PROPOSAL Transmitted via E-mail to: diana.santander@tetratech.com Direct: (305) 908-1427 Business: (305) 908-1420 Mobile: (305) 458-8293 Fax: (305) 264-1805 RE: PROFESSIONAL SURVEYING & MAPPING SERVICES AT BRICKELL BAY DRIVE NEIGHBORHOOD Dear Ms. Santander, Thank you for your interest in Biscayne Engineering (BE). In response to your recent request for surveying services on the above -mentioned project, please accept the following proposal for your review and consideration. Scope of Services: Biscayne Engineering shall provide a Topographic Survey of the Survey Limits as shown on Attachment "A" based on the information within the e-mail chain received from Tetra Tech on August 9, 2021 at 3:28 PM and subsequent phone call. The Survey Limits proposed herein will be incorporated into the existing Topographic Survey of Brickell Bay Drive prepared by BE (See Attachment "B"; referenced Survey Project Length = 2,350 L.F. ±. Project Area = 204,000 S.F. ±. Survey limits consist of the following segments: 50' beyond right-of-way on Brickell Bay Drive (1,300 L.F. ±) Bounded by SE 1411 Street (North) and SE 1511 Road (South) and adjacent to the limits of the existing survey (this segment accounts for an additional 30' beyond the right-of-way of Brickell Bay Drive. SE 151h Road (800 L.F. ±) Bounded by the centerline of Brickell Avenue on the West and Brickell Bay Drive on the East adjacent to the limits of the existing survey. SE 141h Street (250 L.F. ±) Bounded by the west side of the intersection with the northerly extension of Brickell Bay Drive to the west and Brickell Bay Drive on the East adjacent to the limits of the existing survey. Extended Limits along Biscayne Bay Portion of Brickell Harbour Condominium property along Biscayne Bay including dock facilities, a circular deck area, the driveway, and the portion of building facing SE 151h Road. NOTE: Survey limits will extend 50 feet beyond the Westerly Right -of -Way of Brickell Bay Drive along the curved portion. At intersecting streets, such as SE 141h Street and SE 151h Road, the survey limits will be 20 feet beyond their rights -of -way. The Easterly offset along Biscayne Bay will be 10 feet into the water (seabed elevations at toe of seawall and 10 feet in bay). Premises that are locked and inaccessible will not be included in survey. Refer to Attachment "A" for diagram depicting the survey limits described herein. INSPIRED BEYOND MEASURE • SINCE 1898 CORPORATE HEADQUARTERS 529 West Flagler street, Miami, FL 33130 Tel. 305.324.7671 Fax 305.324.0809 www.BiscayneEngineering.com info@BiscayneEngineering.com PALM BEACH BRANCH 449 NW 35`^Street, Boca Raton, FL 33431 Tel. 561 .603.2329 Fax 561.609.2317 TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 2 Topographic Tasks Shall Include: Location and identification of improvements including asphalt pavement, pavement markings, buildings, concrete pads, sidewalks, driveways, hydrants, valve boxes, water/electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, guy wires, utility poles, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, driveways, right-of-way limits, landscaping, trees three (3) inches in diameter or greater (trees will not be measured or identified), traffic signage (type of sign will not be identified), other free standing signage, pavement striping, any other visible improvements within the Survey limits (excludes underwater features except noted elevations), and any other utility records provided. Specifically, the survey will: • Provide the rim, top, bottom of structure, and invert elevations of existing sanitary sewer manholes, drainage culverts, manholes, and catch basins. City shall provide access to locked and/or restricted access structures. City is responsible for facilitating access to structures including those within parking spaces that may be obstructed by parked vehicles. • Locate and/or provide permanent construction controls on site in State Plane Coordinates (1983 adjustment) and vertical control based on North American Vertical Datum of 1988 (NAVD88). Horizontal control data shall be relative to the Florida State Plane coordinate system, East Zone, North American Datum of 1983/2011 adjustment. • Show platted rights -of -way, platted easements, and property boundaries (based on available resources and not title work) on the survey for the project route. Any easements shown will be based on platted easements. As such, there may be easements or other exceptions that may affect the property not shown without having a title search or opinion of title provided to the consultant. • Recover right-of-way monumentation and/or re-establish to provide rights -of -way lines throughout limits of project. This will require field recovery of centerline control and property corners through each listed street. • Provide a DTM of the areas and cut cross sections at 50-foot intervals along the rights -of -way to extend 20 feet beyond the right-of-way lines and include elevations at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). • Provide centerline elevations at 25-foot intervals within the rights -of -way and roadways. Other elevations will be provided at 50-foot intervals minimum and will include edge of pavement, flow line, top of curb, and back of sidewalk elevations (and will extend 20-50 feet beyond the right-of-way lines). • Show survey features, baseline, baseline points, and drainage information, including inverts, pipe size, material, and direction of visual. • Subsurface Utility Excavations (SUE): Twenty (20) test holes will be performed by InfraMap. The report will include data sheet for every test hole performed and a summary table of verified utility detailing the test hole information. • Prepare digital maps that shall delineate all field collected data as well as existing limits of nearby public rights -of -way (CAD files will be provided; "dwy', "dgd', and "tir9' files compatible with Autodesk Civil3D). Submerged Lands Research Shall Include: • Research the Florida Department of Environmental Protection (FDEP) Board of Trustees Land Document System and identify any available documents affecting the submerged lands within the survey limits depicted herein. BE will plot and reference any instruments that affect said submerged lands on the survey. As such, there may be instruments that affect the property and are not available in the Board of Trustees Land Document System or shown without having a title search or opinion of title provided to the consultant. This proposal does not consider costs for title work. NOTE: THIS IS NOT A BOUNDARY SURVEY. Pa TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 3 EXCLUSIONS: • Manhole Connections. • Clearances under power lines, mast arms, etc. • Title Work, Table "A" Options, and FEMA Flood Certificates will not be considered. • Mean High Water Line or Tidal Water Survey (Water levels will not be considered). • Tree Table or tree identifications. • Finished Floor Elevations • Right-of-way lines will be based on plats, the City of Miami Municipal Atlas, and information available on the Miami -Dade County Property Appraiser's website (Surveyor cannot "confirm" Right-of-way lines without title work and will depict Right- of-way lines based on the aforementioned resources). DELIVERABLES: • 4 Signed and Sealed copies of the Topographic Survey (24"x36"). • Signed and Sealed PDF version of the Topographic Survey. • CAD File. • Digital Terrain Model (DTM) in digital format (XML File). Cost Estimate: Special conditions that affect the cost are as follows: Access to gated properties and buildings, safety concerns with traffic along the roadways and sidewalks, numerous sewer structures to be located and detailed (with limited access due to locations within parking spaces and busy roadways), submerged seabed elevations in Biscayne Bay that will require the use of a boat and additional field crew personnel. Services described in Section I. above, (Scope of Services), shall be provided by Biscayne Engineering Company, Inc. for a fee as follows: Topographic Survey & Submerged Lands Research: $29,350.50 SUE Work (20 test holes by InfraMap) : $8,717.80 NOTE: • This proposal is limited to the Scope of Work described herein. Any other services that may be needed will be performed in accordance to Biscayne Engineering Hourly Rates Schedule. TETRA TECH -PROFESSIONAL SURVEYING AND MAPPING SERVICES Diana M Santander August 12, 2021 Page 4 III. General Conditions: 1. Written authorization to proceed is required. If acceptable, please execute this proposal and return it to us (by fax or mail) fax: (305) 324-1700 or (305) 324-0809. 2. Payment is due in full upon completion/delivery. In the event that client fails to pay surveyor within thirty (30) days from date of invoice, or the surveyor finds the survey conditions significantly different than originally agreed upon or that adequate site access is not provided, the client agrees that the surveyor has the right to consider these actions or non -actions to be a total breach of this contract. Upon written notice to the client by the surveyor, the responsibilities and obligations of this contract are terminated. The client in such case shall be obligated to pay the surveyor for all services rendered to that point in time. 3. This is a professional service agreement based on fixed scope of services. Additional service requires additional cost estimate and new agreement. It is a good faith estimate based on Biscayne Engineering's experience performing this type of work. 4. Upon signature of proposal, client agrees to the location of the property as described in Attachment "A". 5. This proposal is valid for 30 days from date first above written. We truly appreciate the consideration you have shown our company in your request for surveying services. We will constantly strive to meet your expectations while adhering to the strict requirements, which govern our profession. Respectfully submitted, BISCAYNE ENGINEERING COMPANY, INC. Alberto J. Rabionet, PSM Project Manager AUTHORIZATION Written authorization to proceed is required. If acceptable, please footnote this proposal and return it to us (by fax or e-mail) fax no: (305) 324-1700 or (305) 324-0809, E-mail: info@ biscayneengineering.com Name Signature Company 1'! Title Date PROPOSED SITE LIMITS FOR BRICKELL BAY DRIVE AREA SURVEY• , ATTAC H M E N T „A„ - s T x. 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I, Tf v- `T_ 1" [ V U H3 -Pt LIE Ck-JNTY, -LOR3 DA All � I CFI► '� � I�rr - i i :♦ - �� TOPOOR""m RURVUT H141CWH I F.A' All', �-, IV IA1411, 1-1 :'ON/ITEON'- I -7— kl:A" I r'lt H3 -Pt DE C-::-JNT\t, —LOR3 DA 7r- At 81 wmd OV hhA 4L. r.cl_rl r)r) ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Brickell Bay Drive Neighborhood Roadway Improvements Project No.: B-000000 Description: Topographic Survey- Brickell Bay Drive Neighborhood STAFF CLASSIFICATION Consultant Name: Biscayne Engineering Co. Contract No.: Date: 8/18/2021 Estimator: Mike Bartholomew Job Classification Project Manager Surveyor & Mapper CADD Technician Position 4 Position 5 Position 6 Position 7 Staff Hours Salary Average Staff Mike Bartholomew W. Hueck I. Volovelsky name name name Applicable Rate Rate: $57.69 Rate: $49.04 Rate: $21.00 Rate: Rate: Rate: Rate: By Cost By Rate Per Work Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Man Cost/ Activity Activity Activity Task hours hours hours hours hours hours hours 1 Establish vertical and horizontal control network 0.50 $29 4.0 $196 8 $168 12 $393 $32.75 (Level run, Traverse, and GPS observations) 2 Topographic Survey @ 500 feet per day along SE 14th Street 1.00 $58 8.0 $392 8 $168 40 $618 $15.45 roadway (to include 50' sections) 3 Topographic Survey @500 feet per day along divided SE 15th 2.50 $144 20.0 $981 20 $420 8 $1,545 $193.13 Road roadway (to include 50' sections) 4 Location of structures and inverts, approx. 25 1.00 $58 4.0 $196 12 $252 12 $506 $42.15 (plus or minus 20 per day) 5 Topographic Survey @ 50 feet beyond right-of-way along Brickell 1.00 $58 12.0 $588 16 $336 4 $982 $245.54 Ba Road 6 Topographic Survey @ extended limits along Biscayne Bay 1.00 $58 8.0 $392 12 $252 $702 7 Right of Way Determination & Baselines 2.00 $115 8 $392 8 $168 18 $676 $37.54 8 Submerged Lands Research 2.00 $115 8.0 $392 8 $168 18 $676 $37.54 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Total Staff Hours 11 72 92 72 Total Staff Cost $634.59 $3,530.88 $1,932.00 $6,097.47 $84.69 Total% of Work by Position 15.3% 100.0% 127.8% ESTIMATE OF SURVEY CREW COSTS 1 3 - man Crew Party 12.0 crew days at $972.32 / day = $ 11,667.84 4 - man Crew Party: crew days at / day = Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Forth 117. Created 8/24/09 1 -SUBTOTAL ESTIMATED FEE: (multiplier 2.9) Subconsultant: InfraMap Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $17,682.66 $8,717.80 $26,400.46 $ 11,667.84 $38,068.30 $38,068.30 MOWN r%1*1 PROGRAM CONTROLS INC November 31 2021 Diana M Santander, P.E. Sr. Project Manager, Tetra Tech 6303 Blue Lagoon Dr., Suite 305 Miami, FL 33126 RE: 18-19-042 - Brickell Bay Drive Improvements, City of Miami Proposal for Project Controls Services Dear Diana: Thank you for giving the opportunity to Program Controls, Inc. (PCI) to support the controls functions for the subject project. As requested, please see following proposal for our services based on the revised Scope of Services. This proposal supplements the previous proposal provided October 2020, which includes 3 conceptual estimates and a Class 4 estimate for the final design concept, which will now be the 30% design estimate. DESCRIPTION OF TASKS AND ACTIVITIES: A2.07-03 - Task 2 — Additional Design Development Cost Estimating • Develop a 60% estimate in accordance with AACE Class 3 estimate guidelines • Develop a 90% estimate in accordance with AACE Class 2 estimate guidelines • Develop a Bid Set estimate in accordance with AACE Class 1 estimate guidelines A2.07-03 - Task 3 — Scheduling • Develop a CPM schedule for the Bid Set submittal • Bid Schedule Preparation will include - a. Review of design and contract documents for scope b. Site visit and assessment of current conditions c. Development of WBS from scope d. Develop Activity durations and dependencies e. Develop Schedule and Critical Path FEE SCHEDULE: The lump sum fee of $89,519.00 is based on the current project scope and above outlined services for the project, and broken down as follows: • Additional Cost Estimating at 60%, 90% and Bid (3 total) - $71,609 • Bid Schedule - $17,910 1 MOWN r%*1 PROGRAM CONTROLS INC ASSUMPTIONS AND EXCLUSIONS: PCI will immediately notify of all potential additional services beyond the scope outlined above and an authorization to proceed will be obtained before proceeding on such services. Some of which may include — • Estimate Revisions including Alternates and/or Concept Revisions beyond those noted above. • Life Cycle Cost Estimating • Estimate Reconciliations • Change Order Review or Negotiation • Schedule Narrative or Implementation Plan • Review of Contractor Baseline and Schedule Updates • Requests for "what -if' scenarios. • Time Impact Analyses, Claims analysis and support. • Financial Alternative Analysis • Cost or Schedule Risk Analysis • Additional meetings or field visits beyond those noted above • Any construction phase services • Any other services not specifically outlined above Thank you again for your consideration and please feel free to contact us, should you have any questions or comments on the above. Sincerely, PROGRAM CONTROLS INC. Julian G. Ortega, PSP, LEED AP Vice President — Construction Services jortega@programcontronsinc.com CC: Ashish Kumar, Julio Lostao 2 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Program Controls Inc. Contract No.: enter consultants proj. number Project: Date: 11/5/2021 Project No.: B- Description: Estimator: Julian Ortega STAFF CLASSIFICATION Job Classification Principal Project Manager Lead Scheduler Estimating Manager Lead Estimator MEP Estimator Senior Scheduler Staff Hours Salary Average Staff Ashish Kumar Julian Ortega Eduardo Tude Julio Lostao Marco Osorio William Chow Frances Tatis Rios Applicable Rate Rate: $200.00 Rate: $200.00 Rate: $200.00 Rate: $200.00 Rate: $196.04 Rate: $145.37 Rate: 165.16 By Cost By Rate Per Work Activity Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity 2 30% Estimate (Included above) 3 60% Estimate 4 90% Estimate 5 Bid Estimate 6 Bid Schedule 6 6 6 40 $1,200 $1,200 $1,200 $8,000 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 40 $8,000 60 $11,762 20 $2,907 126 $23,870 $189.44 60 $9,910 100 $17,910 $179.10 Total Staff Hours 58 120 180 60 60 478 Total Staff Cost $11,600.00 $24,000.00 $35,287.20 $8,722.20 $9,909.60 $89,519.00 $187.28 Total % of Work by Position 12.1 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ - 4 - man Survey Crew: crew days at / day = $ - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. 4. Shaded rates are capped per contract. City of Miami, C.I.P. Form 117: Created 8/24/09 - Revised 11/20/12 1 - SUBTOTAL ESTIMATED FEE: (multiplier included) $89,519.00 Subconsultant: Enter Name of Sub 1 Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: $89,519.00 Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): $ - Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: $89,519.00 Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $89,519.00 Wragg &Casas PUBLIC RELATIONS INC. November 10, 2021 Ms. Diana Santander TetraTech, Inc. 6303 Blue Lagoon Drove Suite 305 Miami, FL 33126 Please see below our proposal for outreach services for the construction phase of the Brickell Bay Drive Design, Tetra Tech Project No. 200-53033-21002, Task A2.10. Public Engagement Strategy and Scope of Work For Brickell Bay Drive Improvements Project The public engagement plan is designed to inform all stakeholders of the project and its benefits and to facilitate their acceptance through a communications campaign that solicits and incorporates meaningful feedback from all stakeholders. Wragg & Casas will inform, educate and help update local residents, businesses and neighboring stakeholders on the benefits and progress of the program during the construction phase. This will include: • Messaging: Support City of Miami staff in creating messages, advisories, talking points and social media content as appropriate. o Staff time: 30 hours • Outreach: Serve as the project's public information office in outreach and delivery of information to residents, businesses and homeowner and business associations. o Staff time: 200 hours • Fees: $36,216.13 We look forward to working with you on this project. Sincerely, Ray Casas ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Consultant Name: Enter name of prime or subconsultant Contract No.: enter consultants proj. number Project: Date: 11 /2/2021 Project No.: B- Description: Estimator: insert name STAFF CLASSIFICATION Job Classification Principal Project Director Graphics Manager Position 4 Senior Writer Writer Position 7 Staff Hours Salary Average Staff Ray Casas Jeanmarie Ferrara Mery Lewis ccount Manager TBI Melissa Lichtenheld Jeannette Rivera name Applicable Rate Rate: $69.00 Rate: $67.24 Rate: $34.48 Rate: $53.44 Rate: $60.34 Rate: $60.34 Rate: By Cost By Rate Per Work Activity Man Cost/ I Man Cost/ I Man Cost/ Man Cost/ Man Cost/ Man Cost/ Man Cost/ Activity Activity Task hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity hours Activity -hase 4 Construction 1 Media Releases, advisories, social media content 3 $207 2 $134 15 $905 10 $603 30 $1,850 $61.67 2 PIO -- Outreah to residents, businesses, HOAs 25 $1,725 35 $2,353 125 $6,680 15 $905 200 $11,664 $58.32 Total Staff Hours 28 37 125 30 10 230 Total Staff Cost $1,932.00 $2,487.88 $6,680.00 $1,810.20 $603.40 $13,513.48 $58.75 I ULdi 7e of vvorn uy rosuion IL.L%o to. 170 ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at / day = $ 4 - man Survey Crew: crew days at / day = $ Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Created 8/24/09 - Revised 11/20/12 54.3% 13.0% 4.3% 1 - SUBTOTAL ESTIMATED FEE: (multiplier 2.90) Subconsultant: Enter Name of Sub 1 Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: Enter Fee Description 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: $36,216.13 $36,216.13 $ $36,216.13 $36,216.13 1 Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305 Miami, Florida 33126 Attention: Diana M. Santander, P.E. — Senior Project Manager Re: Proposal for Supplemental Geotechnical Services for Proposed Improvements along Brickell Bay Drive From SE 141h Street to SE 151h Road City of Miami, Florida GEOSOL Proposal No. P-221195-B Dear Ms. Santander: August 18, 2021 In accordance with your request on August 16, 2021, Geosol, Inc. (GEOSOL) is pleased to submit this proposal pertaining to geotechnical services for the above -referenced project. As we understand it, the project consists of roadway improvements, milling and resurfacing of the existing roadway, drainage improvements, a new pump station, as well as the design and construction of a seawall replacement along Brickell Bay Drive from SE 14th Street to SE 15th Road in the City of Miami, Florida. GEOSOL previously performed geotechnical services for use in the preparation of the Design Criteria Package for the above -referenced roadway improvements, milling and resurfacing of the existing roadway, drainage improvements, and seawall replacement. As requested, supplemental geotechnical services will be required for the proposed new pump station installation, as well as for providing geotechnical analyses and recommendations for the proposed seawall replacement. As requested, the supplemental geotechnical services will consist of the following: 1) Perform two (2) Standard Penetration Test (SPT) boring to depths of 25 feet below existing grades for the new pump station, 2) Perform two (2) supplemental SPT boring to depths of 60 feet below existing grades for the proposed seawall replacement on the upland side of the existing seawall, 3) Review the results of two (2) SPT borings previously performed for the proposed seawall replacement, 4) Perform a laboratory classification testing on select soil/rock samples. Laboratory testing will include moisture content, percent passing the #200 sieve, grain -size analysis, and organic content. 5) Provide geotechnical analyses and recommendations for the proposed pump station installation and seawall replacement The Standard Penetration Test (SPT) borings will be performed in accordance with ASTM D-1586. Our work can begin immediately upon your notice to proceed. We will begin with our services by coordinating utility clearances at the boring locations. The utility clearance process typically takes up to five (5) working days. Given the scope described herein, we can complete the field study for the site within three (3) working day. The laboratory testing can be completed within a period of five (5) working days. The geotechnical reports can be completed in ten (10) working days after completion of the laboratory testing program. Therefore, we can complete the requested services in about a five (5)-week period upon receiving Notice to Proceed. Based on our interpretation of your requirements, we are willing to complete the geotechnical services and report preparation for a total of $13,656.00. We have enclosed a detailed Fee Proposal for your review. GEOSOL appreciates the opportunity to work with you on these projects. If you have any questions, please do not hesitate to contact us. Sincerely, GEOSOL, INC. Oracio Riccobono, P.E. Senior Geotechnical Engineer/President Attachments: 1) Fee Proposal 5795-A N.W.1515t Street Miami Lakes, FL 33014 GHOST_ Inc. Phone (305) 828-4367; Fax (305) 828-4235 • E-mail: geosolusa@bellsouth.net GEOSOL, INC. FEE PROPOSAL FOR SUPPLEMENTAL GEOTECHNICAL SERVICES Proposed Improvements along Brickell Bay Drive From SE 14th Street to SE 15th Road For Proposed Pump Station Installation and Seawall Replacement City of Miami, Florida GEOSOL PROPOSAL No. P-221195-B DESCRIPTION 1. FIELD INVESTIGATION IA) FIELD ACTIVITIES UNITS # OF UNIT TOTAL UNITS RATE ($) $ SPT Borings, Land (0 to 50): 2 SPT Boring to 25 feet in Depth for Proposed Pump Station Installation FEET 50.0 $12.00 $600.00 SPT Borings, Land (0 to 50): 2 SPT Boring to 60 feet in Depth for Proposed Seawall Replacement FEET 100.0 $12.00 $1,200.00 SPT Borings, Land (51 to 60): 2 SPT Boring to 60 feet in Depth for Proposed Seawall Replacement FEET 20.0 $15.00 $300.00 Temporary Casing (0 to 50) FEET 150.0 $5.00 $750.00 Temporary Casing (51 to 60) FEET 20.0 $6.00 $120.00 Closing Holes = (total depth ofSPT borings) FEET 170.0 $6.00 $1,020.00 Scientist 2 (Test Layout & Utility Clearances) HOUR 6 $84.00 $504.00 SUB -TOTAL (for FIELD INVESTIGATION) $4,494.00 1B) MOBILIZATION/DEMOBILIZATION & MOT COORDINATION Mo i ization of truck mounted rig I EACH 1 1.0 375.00 375.00 SUB -TOTAL (MOB/DEMOB, & MOT COORDINATION) 1 B) LABORATORY PROGRAM Soil Classification perASTMD-3282 andD-2487 EACH 2.0al 150.00 Grain Size perAASHTO T-27 including -200 wash TEST 1.0 55.00 Material Finer than 200 Sieve perASTM C-117 TEST 2.0 80.00 Organic Content Test/Limerockper AASHTOT-267 TEST 2.0 80.00 Moisture Test TEST 4.0 $60.00 SUB -TOTAL (LABORA TORY PROGRAM) TOTAL FIELD INVESTIGATION RI! 11►[f11►11111 N 101010 011111 [e DR $5,294.00 Principal HOUR 6 $200.00 $1,200.00 Senior Engineer I HOUR 16 $190.00 $3,040.00 Project Engineer I HOUR 16 $148.00 $2,368.00 Engineer I HOUR 12 $100.00 $1,200.00 CAD Designer HOUR 4 $103.00 $412.00 ProjectAdministrator HOUR 2 1 $71.00 I$142.00 TOTAL ENGINEERING SERVICES TOTAL GEOTECHNICAL FEES FOR PROJECT $8,362.00 $13,656.00 DATE = 8/18/2021 \TIME = 9:03 AM \ PAGE 1 OF 1 \FILENAME = P-221195-B FEE PROPOSAL GEOSOL ATTACHMENT A CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres EXT. NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Tetra Tech Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑E YES ❑ NO TOTAL CONTRACT AMOUNT: $1,331.000.00 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT iEI PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Contract Execution for RFQ 18-19-042 - Design Criteria Professional for Brickell Bay Drive Improvements COMMISSION APPROVAL DATE: 07/23/2020 FILE ID: 7573 ENACTMENT NO.: R-20-0209 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date I Signature/Print AnniePer z ., .' ,,, „y.� �, , APPROVAL BY DEPARTMENTAL DIRECTOR 10/28/2020 Perez nnle Annie Date:2020.10.28 11:15:08-04'00' SUBMITTED TO RISK MANAGEMENT SUBMITTED TO CITY ATTORNEY Tetra Tech Inc. contract amount to complete a full Design Criteria Package for the Brickell Bay Drive ect 40-8193802 is $1,331,000 - funding is currently available to cover PHI Basic Services of the ract in the amount of $860K as noted in the compensation section 2.04-1 of the contract- Further < under PHII is subject to prior approval by OMB as to funding availability (Yvette Smith 12/1/2020) APPROVAL BY ASSISTANT CITY MANAGER APPROVAL BY ASSISTANT CITY MANAGER Ann-M��i Sharp �gtallysignedbyTerry Quevedo �l Date:2020.10.29 06:58:48-04'00' VIictOrl Mend Z Digitally signed by Min, 11/19/2020 Win, �arna� Y Bamaby Date: 2020.11.19 14:28:09-05,00' RbteRose Digitally signed by Rose, 2/2/2020 Christopher Christopher Date 2020.12.02 nF .sR 49 -nsnn, �iam signed by asamayor, Fernando Fernando Date:2020.12.02 Nzeribe Ihekwaba RECEIVED BY CITY MANAGER 45 /,u Arthur NorieW SUBMITTED TO AND ATTESTED BY CITY Todd Hannon CLERK 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR21013 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Srg siure �P-,� Print Name T110 ATTEST Consultant Secretary (Affirm Consultant Seal, if available) ATTEST TETRA TECH, INC., a Corporation , Signature �Cl/ Z G Mark A Rynning, Senior Vice Pre -dent Print Name.tla of Authorized Officer or Manager t EC4 '>"N� (Corporate Seal) `i rEB 1 # 1id8 W� CITY OF MIAMI, a municipal corporation of the State of Florida Todd 6 Hann Jerk Arthur Nori6)A, V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Digitally signed by Terry M.Ouevedo Date: 2020.10.29 07:00:38-04'00' Ann Marie Sharpe, Director Risk Management Department Design Crtteria Professional for Bnckeii Bay Drive Improvements APPROVED AS TO LEGAL FORM AND CORRECTNESS: Digitally signed by Min, Min Barnaby Damaby � ate:2020.11.19 14:31:06-05.00' Victoria Mendez, City Attomey 19 RFQ No 18-19-042 CERTIFICATE TETRA TECH, INC. To: The City of Miami, Florida I hereby certify to you that I am the duly elected and qualified Senior Vice President, General Counsel, and Secretary of Tetra Tech, Inc., a Delaware corporation (the "Company"), and that, as such, I am authorized to execute this Certificate on behalf of the Company. I further certify to you on behalf of the Company that: Mark A. Rynning, Senior Vice President and President of the United States Infrastructure Division of the Company, are authorized and empowered, in accordance with the Company's Signature Approval Authority Matrix, as approved by the Company's Board of Directors, to sign a bid and resulting agreement related to Professional Services for the Design Criteria Professional for Brickell Bay Drive Improvements. 2020. 1N WITNESS WHEREOF, I have hereunto set my hand as of this 151h day of October, Preston Ho n Senior Vice President, General Counsel, and Secretary ����yq, T ECy �,',P (Seal) �� FEs 4 1988 dr PROFESSIONAL SFRViCES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Tetra Tech, Inc, a corporation organized and existing under the laws of the State of Delaware, held on the 11th day of November, 2019, a resolution was duly passed and adopted authorizing (Name) Mark A. Rynning as (Title) Senior Vice President and President of the United States Infrastructure Division of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect, IN S W , I have hereunto set my hand this 19th, day of October, 2020. Secretary: ._ Print: Preston Hopson CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership, further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: INIdIllUb d1lu duulC"C' UI pd1tilulb. Name I Street Address City State zip Design Criteria Professional for 20 RFQ No 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) 1 HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF I have hereunto set my hand this day of 20 Signed: Print: NOTARIZATION STA OF SS: COUNTY OF ) The foregoing instrL ,20 ,by to me or who has produced _ did not) take an oath. t was acknowledged before me this day of who is personally known as identification and who (did / SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Design Criteria Professional for 21 RFQ No. 18-19-042 Brickell Bay Drive Improvements A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of CALIFORNIA County of LOS ANGELES On _VD 0� g-r 2020, before me, �' L ._ �► - C� ; tx a ¢* Notary Public, personally appeared PRESTON HOPSON, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE D, CLOUTIER COMM. #2211761 z 0 m Notary Public - California a WITNESS my hand and official seal. z '_os Angeles County Carnrn. Tres R . 27, 2D21 PROFESSIONAL SERVICES AGREEMENT CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Professional Services Agreement Contract Type Design Criteria Professional for Brickell Bay Drive Improvements Consultant Tetra Tech, Inc. Contract No. 18-19-042 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS..................................................................................................................... 5 ARTICLE 2 GENERAL CONDITIONS................................................................................................... 7 2.01 TERM..........................................................................................................................................................7 2.02 SCOPE OF SERVICES..............................................................................................................................7 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS....................................7 2.04 COMPENSATION.......................................................................................................................................7 ARTICLE 3 PERFORMANCE................................................................................................................ 8 3.01 PERFORMANCE AND DELEGATION.......................................................................................................8 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL...................................................................................8 3.03 CONSULTANT KEY STAFF......................................................................................................................8 3.04 TIME FOR PERFORMANCE......................................................................................................................8 3.05 STANDARD OF CARE...............................................................................................................................8 ARTICLE SUBCONSULTANTS.........................................................................................................8 4.01 GENERAL..................................................................................................................................................8 4.02 SUBCONSULTANT RELATIONSHIPS......................................................................................................9 4.03 CHANGES TO SUBCONSULTANTS.........................................................................................................9 ARTICLE 5 DEFAULT...........................................................................................................................9 5.01 GENERAL..................................................................................................................................................9 5.02 CONDITIONS OF DEFAULT......................................................................................................................9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE........................................................................................9 ARTICLE 6 TERMINATION OF AGREEMENT................................................................................... 10 6.01 CITY'S RIGHT TO TERMINATE...............................................................................................................10 6.02 CONSULTANT'S RIGHT TO TERMINATE..............................................................................................10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT.........................................................10 ARTICLE 7 DOCUMENTS AND RECORDS....................................................................................... 10 7.01 OWNERSHIP OF DOCUMENTS..............................................................................................................10 7.02 DELIVERY UPON REQUEST OR CANCELLATION...............................................................................10 7.03 RE -USE BY CITY............................................................. ..... ___ ...... ...... _........ ..... _... ____ ..............11 7.04 NON-DISCLOSURE.................................................................................................................................11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS............................................................................11 7.06 E-VERIFY.................................................................................................................................................12 ARTICLE 8 INDEMNIFICATION.......................................................................................................... 12 ARTICLE 9 INSURANCE..................................................................................................................... 12 9.01 COMPANIES PROVIDING COVERAGE..................................................................................................12 9.02 VERIFICATION OF INSURANCE COVERAGE.......................................................................................13 9.03 FORMS OF COVERAGE..........................................................................................................................13 9.04 MODIFICATIONS TO COVERAGE..........................................................................................................13 ARTICLE 10 MISCELLANEOUS.......................................................................................................... 14 10.01 AUDIT RIGHTS; INSPECTION.................................................................................................................14 10.02 ENTIRE AGREEMENT.............................................................................................................................14 10.03 SUCCESSORS AND ASSIGNS...............................................................................................................14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE..............................................................................................14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION.................................................................................14 Design Criteria Professional for 1 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.06 NOTICES..................................................................................................................................................14 10.07 INTERPRETATION...................................................................................................................................15 10.08 JOINT PREPARATION....................................................................................................................... ....16 10.09 PRIORITY OF PROVISIONS........................................................................................... .................. ....16 10.10 MEDIATION -WAIVER OF JURY TRIAL------------------------------------------------------------------------------------------------16 10.11 TIME---------------------------------------------------------------------------------------------------------------------------------------------------------16 10.12 COMPLIANCE WITH LAWS--------------------------------------------------------------------------------------------------------------------16 10.13 NO PARTNERSHIP .................................................................................................................................. 17 10.14 DISCRETION OF DIRECTOR------------------------------------------------------------------------------------------------------------------17 10.15 RESOLUTION OF CONTRACT DISPUTES.............................................................................................17 10.16 INDEPENDENT CONTRACTOR .............................................................................................................. 17 10.17 CONTINGENCY CLAUSE ........................................................................................................................ 17 10.18 THIRD PARTY BENEFICIARY ................................................................................................................. 18 10.19 ADDITIONAL TERMS AND CONDITIONS..............................................................................................18 10.20 SEVERABILITY............................................. -.......................................................................................... 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES..................................................................................18 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL .................. A1.01 SCOPE OF SERVICES ............ A1.02 WORK ORDERS ...................... A1.03 PAYMENTS .............................. 22 22 22 22 22 ARTICLE A2 OVERVIEW OF PROFESSIONAL DESIGN SERVICES ................................................. 22 A2.01 DESIGN CRITERIA PROFESSIONAL DUTIES.......................................................................................23 A2.02 GENERAL REQUIREMENTS...................................................................................................................23 A2.03 COORDINATION, MEETINGS, AND PRESENTATIONS........................................................................23 A2.04 VISION STATEMENT, GOALS, AND OBJECTIVES...............................................................................24 A2.05 CIVIL ENGINEERING AND DESIGN SERVICES....................................................................................24 A2.06 ADAPTATION PLANNING.......................................................................................................................30 A2.07 REAL ESTATE IMPACT ASSESSMENT AND IMPLEMENTATON STRATEGY....................................32 A2.08 DESIGN ALTERNATIVE ANALYSIS.......................................................................................................33 A2.09 DESIGN CRITERIA/GUIDELINES (LAND USE, URBAN DESIGN, LANDSCAPE ARCHITECTURE) ... 34 A2.10 PUBLIC ENGAGEMENT..........................................................................................................................35 A2.11 DESIGN AND ENGINEERING.................................................................................................................35 A2.12 CULTURAL ASSESSMENTS SERVICES (NTE ALLOWANCE - PHASE II)..........................................36 A2.13 HYDROGRAPHIC SURVEY (NTE ALLOWANCE - PHASE II)................................................................36 A2.14 OFFSHORE INVESTIGATION (NTE ALLOWANCE - PHASE II)............................................................36 A2.15 BENTIC SURVEY (NTE ALLOWANCE - PHASE II)................................................................................37 A2.16 BIDDING AND AWARD (PHASE II).........................................................................................................38 A2.17 ENGINEERING SUPPORT SERVICES (PHASE II).................................................................................38 A2.18 PUBLIC ENGAGEMENT DURING DESIGN AND CONSTRUCTION (PHASE II)...................................39 A2.19 MODELING TO SUPPORT SELECTED DESIGN ALTERNATIVE (PHASE II).......................................39 A2.20 PERSONNEL ............................................................................................................................................ 39 A2.21 STAFFING------------------------------------------------------------------------------------------------------------------------------------------------41 A2.22 TIME FRAMES FOR COMPLETION--------------------------------------------------------------------------------------------------------41 ARTICLE A3 ADDITIONAL SERVICES................................................................................................. 41 A3.01 GENERAL................................................................................................................................................41 A3.02 EXAMPLES..............................................................................................................................................41 ARTICLE A4 REIMBURSABLE EXPENSES........................................................................................ 41 A4.01 GENERAL................................................................................................................................................41 A4.02 SUBCONSULTANT REIMBURSEMENTS...............................................................................................42 ARTICLE A5 CITY'S RESPONSIBILITIES............................................................................................ 42 A5.01 PROJECT AND SITE INFORMATION.....................................................................................................42 ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT...................................43 A6.01 GENERAL................................................................................................................................................43 SCHEDULE Al - SUBCONSULTANTS-----------------------------------------------------------------------------------------------------------------44 SCHEDULE A2 - KEY STAFF ................................................................................................................................ 44 Design Criteria Professional for 2 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS.........................................................................45 ARTICLE B1 METHOD OF COMPENSATION......................................................................................45 B1.01 COMPENSATION LIMITS........................................................................................................................45 B1.02 CONSULTANT NOT TO EXCEED...........................................................................................................45 ARTICLE B2 WAGE RATES..................................................................................................................45 B1.03 FEE BASIS...............................................................................................................................................45 B1.04 EMPLOYEES AND JOB CLASSIFICATIONS.........................................................................................45 B1.05 MULTIPLIER............................................................................................................................................45 B1.06 CALCULATION........................................................................................................................................45 B2.05 EMPLOYEE BENEFITS AND OVERHEAD.............................................................................................46 B2.06 ESCALATION...........................................................................................................................................46 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION....................................................... 46 B3.01 LUMP SUM...............................................................................................................................................46 B3.02 HOURLY RATE FEES..............................................................................................................................46 B3.03 REIMBURSABLE EXPENSES.................................................................................................................46 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES.........................................................................47 B3.05 FEES FOR ADDITIONAL SERVICES......................................................................................................47 B3.06 PAYMENT EXCLUSIONS........................................................................................................................47 B3.07 FEES RESULTING FROM PROJECT SUSPENSION.............................................................................47 ARTICLE B4 PAYMENTS TO THE CONSULTANT..............................................................................47 B4.01 PAYMENTS GENERALLY.......................................................................................................................47 B4.02 FOR COMPREHENSIVE BASIC SERVICES...........................................................................................48 B4.03 BILLING - HOURLY RATE.......................................................................................................................48 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES...................................48 B4.05 DEDUCTIONS..........................................................................................................................................48 ARTICLE B5 REIMBURSABLE EXPENSES........................................................................................ 48 B5.01 GENERAL................................................................................................................................................48 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS..............................................................................49 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS ...........................49 B6.01 GENERAL................................................................................................................................................49 SCHEDULE B1 —WAGE RATES SUMMARY........................................................................................................50 SCHEDULE B2 — CONSULTANT INVOICE.............................................................. Error! Bookmark not defined. Design Criteria Professional for 3 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Design Criteria Professional for Brickell Bay Drive Improvements Contract Type Professional Services Agreement Consultant Consultant Office Location Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305, Miami, FL 33126 City Authorization Section 18-87, City of Miami City Code Agreement Number 18-19-042 THIS PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") made this 4 day of December in the year 2020 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Tetra Tech, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 18-19-042 on August 27, 2019, for the provision of a Design Criteria Professional for Brickell Bay Drive Improvements ("Services") and the Consultant's Proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ, Addenda, and the Proposal are sometimes referred to herein, collectively, as the "Solicitation Documents," and are, by this reference, expressly incorporated into, and made a part of, this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, "Consultants' Competitive Negotiation Act," hereinafter referred to as "CCNA," and all applicable provisions of the City Procurement Ordinance, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Design Criteria Professional for 4 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager. 1.08 Commission means the legislative body of the City of Miami. See Cross Reference to 1.05 above. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.11 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). 1.12 Director means the Director of the City Department designated herein ("OCI") who has the authority and responsibility for managing the specific Project or Projects covered under this Agreement. Unless otherwise expressly specified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator of the Office of Capital Improvements or their designee. 1.13 Errors means items in the plans, specification or other documents prepared by the Consultant that are shown incorrectly, or which contain material mistakes or omissions, which results in a change to the Services and results in the need for the Contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.14 Errors and Omissions means design or similar professional deficiencies in the plans, specifications, diagrams, maps or other documents or data prepared by the Consultant, which must be corrected for the project to function or be built as intended. 1.15 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.16 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that the Consultant may begin work on the Project. 1.17 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. Design Criteria Professional for 5 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 1.18 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.19 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.20 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.21 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.22 Professional Services means those services within the scope of the practice of architecture, landscape architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.23 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ, or the RFQ, and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.24 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.25 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.26 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with enough detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.27 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm which has been certified by Miami -Dade County who will provide architectural, landscape architectural, engineering, or registered surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87(p). 1.28 Subconsuitant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties that has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.29 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement thatjustify and form the basis for professional fees regardless of actual manner of compensation. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. Design Criteria Professional for 6 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect the date written above upon its execution by the authorized officers and shall terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant. 2.01-1 Extension of Expiration Date In the event the Consultant is engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire, and shall remain in effect until completion or termination of said Project(s). No new Work Orders shall be issued after the expiration date. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, attached hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS Prospective Firms shall adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing; 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.gov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.04 COMPENSATION 2.04-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed/guaranteed maximum fee, based on the rates and schedules established in Attachment B, Compensation and Payments, attached hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed total value at award of $1,331,000.00 (One Million Three Hundred and Thirty -One Thousand dollars), which is comprised of a lump sum fee of $860,000.00 for Phase I - Basic Services, $350,000.00 for Phase II - Dedicated Allowances, and $121,000.00 for the Owner's Contingency Allowance, in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The contract is currently funded through the end of Phase 1, and any further work issued under Phase 11 and/or any of the allowance accounts is subject to prior approval by the Office of Management and Budget. Also, the City shall have the right to terminate this Agreement, in its sole discretion and without penalty, at any time during or after Phase I, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for Continuing Contracts. The Compensation Limits, as may be amended from time to time, shall serve as the Guaranteed Maximum Price/Guaranteed Maximum Cost ("GMP"). 2.04-2 Payments Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, the Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Design Criteria Professional for 7 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule 132 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said other person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff is in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or the Director's designee and to complete each assignment, task, or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claim by the Consultant for additional compensation or any damages. 3.05 STANDARD OF CARE Consultant shall perform its services with the skill and care ordinarily employed by similar professionals performing similar services for similar projects. Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61 G1 and Chapter 471 (Engineering) of the Florida Statutes, as amended. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including, but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications, or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant, is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen Design Criteria Professional for 8 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a Project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al - Subconsultants. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely and solely under the Consultant's direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al - Subconsultants without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or becomes indebted to the City for any moneys which are fixed and unpaid, or fails to perform any of its obligations hereunder, or is debarred or its equivalent pursuant to Florida Statute Section 287.133, or is convicted of a "Public Entity Crime" as defined therein, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance, or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within Design Criteria Professional for 9 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the City Manager or the Director, has the right to terminate this Agreement for any reason or no reason, upon ten (10) business days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or designee. The Consultant shall be paid in accordance with provisions of Attachment B - Compensation and Payments, provided that said documentation is turned over to Director within ten (10) business days of termination. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy, damages or claims, from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will have, against the City, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by Design Criteria Professional for 10 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course ofjudicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records required by the City to perform the service; (2) upon request from the City's custodian of public records, providing the City with a copy of the requested records or allowing the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transferring, at no cost, to the City all public records in possession of the contractor or keeping and maintaining public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(W-MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI, OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT Design Criteria Professional for 11 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend (at its own cost and expense) the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, indemnify, hold and save harmless, and defend (at its own cost) the City, its officials and/or employees, against, any civil actions, statutory, contractual, tort, strict liability, or other similar claims, actions, injuries or damages arising or resulting from the services provided, unless it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. If any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own expense, to and through administrative, regulatory, trial, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's sole option, against any and all claims of liability and all suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity shall survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Sub -Consultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator or their authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least "A-," in accordance with A.M. Best Company's Key Rating Guide, latest edition. Design Criteria Professional for 12 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance ("COI") to the Risk Management Administrator for review and approval prior to the execution of this Agreement. The COls shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. The Consultant shall maintain coverage with equal or better rating as identified herein for the term of this Agreement. The Consultant shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within thirty (30) calendar days of the change. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the City's Risk Management Department within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11 /85 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimum combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional Liability Insurance The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least two (2) years after completion of the construction and acceptance of any Project covered by this Agreement. Coverage must reference the retroactive date. 9.03-4 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 per occurrence. 9.03-5 Umbrella Liability The Consultant shall maintain umbrella liability with limits of $2,000,000 per occurrence, $2,000,000 policy aggregate listing the City as an additional insured. The coverage shall be excess follow form over all applicable liability policies contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) prior to any such cancellation or material change. The Company must be rated no less than A- as to Management and no less than A (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. All policies or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 9.03-6 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations Design Criteria Professional for 13 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code, are applicable to this Agreement, and are deemed as being incorporated by reference herein as supplemental terms. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City 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 respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS These services are unique in nature and the Consultant was selected based on its ability to meet the requirements of this competitive solicitation. The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, or an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale, transference, or any other transfer of performance of the Agreement without City Commission approval, shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to this Agreement and to the partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the Project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is Design Criteria Professional for 14 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega, V City Manager Office of the City Manager City of Miami 444 SW 2nd Avenue, 10t" Floor Miami, Florida 33130-1910 Email: ANoriega(a-)miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2nd Avenue, 6t" Floor Miami, Florida 33130-1910 Email: Ann iePereza-miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9t" Floor Miami, Florida 33130-1910 Email: VMendez(a-)miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8t" Floor Miami, Florida 33130-1910 Email: HBadiaamiamigov.com Phone: 305-416-1236 For Consultant: Kenneth Caban, P.E., BCEE, LEED°AP Vice President Tetra Tech, Inc. 6303 Blue Lagoon Drive, Suite 305 Miami, FL 33126 Email: Ken.Caban(a-)tetratech.com Phone: 305-908-1423 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the Design Criteria Professional for 15 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION -WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the subject Project(s), and/or following the completion of the Projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis regardless of the outcome. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the Project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto, and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, handicap, marital status, national origin or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA Compliance The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including Project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. Design Criteria Professional for 16 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.12-3 ADA Compliance The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, the Consultant shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner: The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for his/her resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable, or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant, and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' written notice. Design Criteria Professional for 17 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the Project(s), no additional terms or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Design Criteria Professional for 18 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall act as the Design Criteria Professional and provide comprehensive civil engineering and design services necessary to complete the Design Criteria Package for the Brickell Bay Drive Improvements project (the "Project"). The Consultant shall provide said services in accordance with Section §287.055 Florida Statutes, as amended, otherwise known as CCNA. A1.01 SCOPE OF SERVICES The City is revitalizing, renewing, and enhancing its waterfront on Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. The City will be implementing its vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Creating a long-term stewardship structure that protects and enhances quality of life and public and private investments is essential to keeping the Brickell Bay Drive waterfront area a functional, long-term resilient and adaptable asset. Consultant may be required to perform all or some of the services described in this Agreement, depending on the needs of the City for the Project. Consultant shall furnish comprehensive civil engineering and design services for the Project including, but not limited to, those services described in Article A2, "Overview of Professional Design Services." A1.02 WORK ORDERS When OCI has determined that a specific phase of a Project is to proceed, the Director or authorized designee will request in writing, a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others if appropriate, may have preliminary meetings, if warranted, to define the Scope of Services further and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. OCI will issue a written Notice to Proceed ("NTP") after approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP, and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROFESSIONAL DESIGN SERVICES The Consultant shall provide interdisciplinary services necessary to complete the Design Criteria Package ("DCP") for the City that shall encompass all necessary documents required for the future advertisement of a Design/Build RFP solicitation. The Consultant shall, consider, evaluate and prioritize all broad and specific threat assessments for the project. In addition, the Consultant shall focus on project -level planning and design that have been identified as high -priority after previous City assessments and scoping efforts completed in August 2018 as part of the 100 Resilient Cities initiatives. The Consultant shall provide all DCP documentation sufficient for the design -build reconstruction of the sea wall and roads (at or above grade), development and coordination of architectural standards for pedestrian, recreational, and vehicular waterfront access and passive contemplative areas, an enhanced bay walk/linear park, and bicycle path(s), and/or implementing other innovative urban, architectural, and/or engineering measures to mitigate the effects of natural hazards through green, blue, and gray infrastructure. The Project may include, drainage improvements, stormwater modeling, reconstruction, milling and resurfacing, sidewalks, Americans with Disabilities Act ("ADA") compliant ramps, curb and/or gutters, pavement markings and striping, roadway signage, lighting, utility coordination, traffic engineering, Design Criteria Professional for 22 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT landscaping, irrigation services, related permitting, and preparation of environmental mitigation plans, or any ancillary infrastructure requirements, as applicable. The urban, engineering, and architectural design alternatives that will be designed for the Project could have inherent environmental consequences that need to be considered as part of the DCP. Factors relating to tidal and storm surge, drainage, the ecosystem of Biscayne Bay, transportation, cultural resources, urban design/visual aspects, open space and recreation, and topography need to be considered. As such, the Consultant shall conduct an analysis of potential risk and insurance impacts from the proposed improvements as well as an analysis on alternate financing mechanisms. To frame the analysis, the City has defined the Project area boundary to be explored as a 60-foot Right of Way (ROW) from Brickell Bay Drive from Southeast 14th Street to Southeast 15th Road. For the seawall, the footprint shall remain as the existing one to avoid navigable waterways impact. Notwithstanding, the Consultant is expected to evaluate other alternatives during the initial planning phase beyond these boundaries to determine if there are other viable solutions that the City should consider. Finally, the Consultant shall perform site visits with City staff to determine the final Scope of Services for the Project prior to begin negotiations. A2.01 DESIGN CRITERIA PROFESSIONAL DUTIES The Consultant shall be fully responsible for carrying out all functions necessary to provide civil engineering and design services for the Project. The Consultant will be the City's Design Criteria Professional and serve as the Owner's Representative during the construction phase of Project. As such, the Consultant will be available to any questions the City may have on an as needed basis. The Consultant shall immediately advise the Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action needed to be taken and/or taken. A2.02 GENERAL REQUIREMENTS General requirements and responsibilities of the Consultant are provided in Article Al, "General." Requirements and activities to be undertaken by Consultant shall be as detailed in each Work Order Proposal accepted and pursuant to terms and conditions of this Agreement. A2.03 COORDINATION, MEETINGS, AND PRESENTATIONS The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the Project with the Project Manager. Upon request, this information shall be made available to the Project Manager. All activities and decisions of the Consultant relating to the Project shall be subject to review by the City's Project Manager. Specific activities are detailed below: A2.03-1 Kickoff Meeting The Consultant will attend a project kick-off meeting with the project team and City staff to discuss the project objectives and considerations, identify key team members, review the project scope and schedule, discuss the overall project work plan, deliverables, critical milestones, and determine available information. The Consultant will prepare a meeting agenda and meeting minutes for distribution to meeting attendees. A2.03-2 Project Meetings and Presentations The Consultant will attend project meetings with City staff. The purpose of these meetings is to discuss project's progress and other coordination activities. The project meetings will be conducted through the completion of the design criteria package. The Consultant's staff and subconsultants will attend the meetings at City facilities in person or by teleconference. For each meeting conducted, the Consultant will prepare an agenda, prepare materials for the meeting, summarize the meeting discussion, and prepare meeting minutes. I A2.03-3 Other Meetings and Presentation The Consultant will attend up to six (6) project meetings with other consultants and entities as well as coordination with local government and entities. The project meetings will be conducted as needed through the completion of the design criteria package. The Consultant's staff and subconsultants will attend the meetings in person or by teleconference. For each meeting conducted, the Consultant will prepare an agenda, prepare materials for the meeting, summarize the meeting discussion, and prepare meeting minutes. Design Criteria Professional for 23 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The following meetings are anticipated: Phase Purpose Location Design Alternative Analysis Kickoff Charrette In -person meeting with City Staff + Team (pending COVID 19 restrictions) Design Alternative Analysis Presentation to Review Plan In Person / Virtual Alternatives Design Alternative Presentation to Review In Person / Virtual Selected Alternative Design Alternative Guidelines Presentation to Review In Person / Virtual Submission Design Criteria] Package Meeting to Discuss package In Person / Virtual components Design Criteria Package Meeting to Discuss Final In Person / Virtual Package Prior to Release A2.04 VISION STATEMENT, GOALS, AND OBJECTIVES The purpose of this task is to draft the initial vision statement, purpose, need, goals and objectives and revisions thereto. Subsequent to the Kick -Off Meeting, the Consultant, in collaboration with the City, shall prepare an initial vision statement expressing a long-term idea of what the Project Area will become using the information provided by the City regarding Project Budget, City and State procedures, guidelines, forms, and formats including previous City assessments and scoping efforts completed in August 2018 as part of the 100 Resilient Cities initiative. This vision shall include the Project Area vulnerable to flood inundation damages, and clearly describe the purpose and need of the Project, as well as its goals and objectives. This information will also include the Project's level of service (LOS) for items such as storm surge protection, stormwater management, walkability, traffic mobility, public realm, water quality, and tree canopy goals. For the purposes of this Project, recommended actions shall adapt or restore natural features or engineering -designed features where necessary, to mitigate flood threats as well as enhance the Project's public spaces. The initial deliverable will be a one -page visions/goals statement that will set tone of the project and be used throughout the planning and design process. In addition, an initial set of Project long-term goals and objectives will be created to provide a realistic framework for achieving the vision as well as help focus limited resources. The Consultant shall submit the draft initial vision statement, goals and objectives to the City for review and approval. Based on information gathered from the characterization and comments from the City and public, the Consultant shall refine the initial vision statement and goals and objectives. A2.05 CIVIL ENGINEERING AND DESIGN SERVICES The Consultant shall perform all services necessary to coordinate properly the activities of all parties involved in completing the Project. The services shall at minimum include, but are not limited to, the following: A2.05-1 Surveying The Consultant will prepare a topographic survey to document all current improvements aboveground and underground. The survey will include the following areas: ■ Brickell Bay Drive from SE14th Street to SE 15t" Road and finished floor elevations of adjacent properties. The survey, prepared by a State of Florida licensed Professional Surveyor and Mapper/s, will locate and identify all improvements including, asphalt pavement, pavement markings, buildings, concrete pads, sidewalks, driveways, hydrants, valve boxes, water/electrical meter boxes, electrical pull boxes, telephone / cable risers, fences, guy wires, utility poles, overhead electrical lines, culverts, guardrails, Design Criteria Professional for 24 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT pavement limits, headwalls, endwalls, manholes, vaults, driveways, right-of-way limits, landscaping, trees three (3) inches in diameter or greater, traffic signage, other signage, pavement striping, any other visible improvements within the project limits, and any other utility records provided. Specifically, the survey will: ■ Provide the rim, top, bottom of structure, and invert elevations of all existing sanitary sewer manholes, drainage culverts, manholes, and catch basins. City shall provide access to locked and/or restricted access structures. ■ Locate and/or provide permanent construction controls on site in State Plane Coordinates (1983 adjustment) and vertical control based on North American Vertical Datum of 1988 (NAVD88). Horizontal control data shall be relative to the Florida State Plane coordinate system, East Zone, North American Datum of 1983/1990 adjustment. ■ Show platted rights -of -way, easements and property boundaries on the survey for the project route. Any easements shown will be based on platted easements or documents that may be found in the public records. As such, there may be easements or other exceptions that may affect the property not shown without having a title search or opinion of title provided to the Consultant. ■ Recover right-of-way monumentation and/or re-establish to provide rights -of -way lines throughout limits of project. This will require field recovery of centerline control, and property corners through each listed street. ■ Create a digital baseline covering the beginning and end of the project and all changes in direction. ■ Provide a DTM of the areas and cut cross sections at 50-foot intervals along Brickell Bay Drive to extend 20 feet beyond the right-of-way lines and include elevations at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). ■ Provide centerline elevations at 25-foot intervals within the rights -of -way and roadways. Other elevations will be provided at 50-foot intervals minimum and will include edge of pavement, flow line, top of curb, and back of sidewalk elevations (and will extend 20 feet beyond the right- of-way lines). ■ Show survey features, baseline, baseline points, and drainage information, including inverts, pipe size, material and direction of visual. ■ Prepare digital maps that shall delineate all field collected data as well as existing limits of nearby public rights -of -way (CAD files will be provided; "dwg", "dgn", and "tin" files compatible with Autodesk Civil3D). ■ Provide finished floor elevations of all structures abutting Brickell Bay Drive (6 buildings were identified). A2.05-2 Geotechnical Investigation A geotechnical engineering evaluation and subsurface exploration will be performed to facilitate design and construction of the proposed improvements. The scope of the geotechnical investigation includes: ■ Five (5) asphalt pavement cores along Brickell Bay Drive, ■ Seawall Borings - Drill and sample two (2) borings to depths of approximately 60 feet below grade on the upland side of the existing seawall. In cohesionless soils, perform the Standard Penetration Test (SPT). The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Test in accordance with ASTM D1586). In cohesive and semi -cohesive soils, use a 30-inch long, thin -walled Shelby tube to take relatively undisturbed samples. Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Drill and sample four (4) Standard Penetration Test (SPT) borings to depths of approximately 10 feet below grade. The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Design Criteria Professional for 25 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Test in accordance with ASTM D1586). Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Perform two (2) field permeability tests at the same boreholes, where the SPTs were performed. The tests will extend to a depth of 15 feet below existing grade. The tests will be performed in general accordance with the South Florida Water Management District's Usual Open Hole Procedure. Upon completion the testing, test boreholes will be abandoned with cement grout to the ground surface. A geotechnical engineer will review the soil samples and representative samples will be tested for physical properties such as moisture content, sieve analysis, fines content, organic content, Limerock Bearing Ratio (LBR), unconfined compression test and split tensile test. The results of the field exploration and laboratory test results will be the basis for the geotechnical engineering report. A2.05-3 Cultural Assessments Services The Consultant will provide a Letter of Agreement that includes an archaeological management plan for the required archaeological services. This will be provided along with a copy of the site plan and photographs of existing conditions as part of the Certificate to Dig application. A2.05-4 Physical and Environmental Literature Review and Data Compilation A reliable set of physical and environmental data for use in the engineering analysis, environmental evaluation, and design is necessary for project success. The Consultant will acquire existing relevant information for an understanding of the existing datasets including bathymetric survey data, geotechnical investigations, engineering documents, environmental assessments, and other pertinent information that exists for the project area. Existing data to be collected is limited to the following, as applicable: ■ Winds ■ Waves ■ Tides ■ Currents ■ Geotechnical/geophysical data ■ Bathymetric Data ■ Historical aerial photography ■ Benthic Community ■ Listed species ■ Fisheries ■ Water Quality Survey data beyond what is described in the task above will rely on existing information for the area. The existing data will be assessed for quality and applicability to the project area and reviewed for data gaps. The Consultant will only apply quantitative and qualitative data determined to provide valuable content to the project. The efforts associated with this task are intended to avoid a duplication of efforts and to identify quality supplemental information useful for assessing the feasibility of the project. A summary of the desktop investigations will be included in the DCP. A2.05-5 Arborist Services The Consultant will provide certified arborist services including a tree resource evaluation for the trees and palms within the project area. The trees and palms will be numbered and located on the project survey provided as part of Task A2.05-1. The tree resource evaluation will include numbered photos of the trees, and palms, condition rating, size of tree protection and critical root zones, and measurements. The trees and palms will be rated in accordance with ANSI A300 (Part 5) — 2012, Annex A, Management Report Information. Trees and palms will be rated Good, Moderate, or Poor. The report will follow the Levels and Scope of Tree Risk Assessment from the ANSI A300 Part 9- 2017: Levels of tree risk assessment; Level 1 limited visual tree risk assessment, Level 2 basic tree risk assessment, and Level 3 advanced tree risk assessment. The scope of this report/evaluation is limited to a Level 2 Assessment for all trees and palms onsite. A2.05-6 Infrastructure and Utility Verification Coordination with infrastructure and utility companies shall be performed during the development of the DCP by the Consultant. Design Criteria Professional for 26 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Consultant will identify the utility agencies / owners (UAOs) companies with facilities within the project area. Consultant will review existing plans, check with Sunshine One Call, and City of Miami, and prepare and update a utility coordination matrix. Consultant's scope of work does not include the performance of sub surface exploration. Utility information will be obtained from utility agencies. Consultant will perform the utility verification for the existing power, telecommunication, cable television, fuel lines, natural gas, water, sewer and drainage facilities, and other identified facilities within the limits of the project. Before any contact with the UAOS, Consultant will attend a meeting with the City to receive guidance, as may be required, to assure that all necessary coordination will be accomplished in accordance with the City. Consultant will bring a copy of the design project work schedule reflecting utility activities. Consultant will coordinate with Sunshine State One Call of Florida, Inc. (SSOCOF) to open Design Tickets, will contact all existing utilities provided by SSOCOF, and will submit sketches of the proposed work to obtain available atlas, mark-ups, records, as-builts, etc. The locations of the existing underground utilities will be depicted based on the records received, by using the above ground visible features (i.e. valves, manhole covers, inlets) to approximate the locations of the utilities. The horizontal locations of services will be approximated, to the extent possible, based on the limited information provided and above ground visible features within the ROW (i.e., valve boxes, meter boxes, aboveground facilities, etc.). Vertical locations for sewers will be approximated, to the extent possible, based on invert elevations at manholes and inlets, if accessible, etc. Vertical locations for services and laterals will be assumed based on the Miami -Dade County Water and Sewer Department (WASD) standards. A2.05-7 Transportation Analysis A lack of multi -modal connectivity combined with high traffic volume and flooding impacts, makes transportation related issues one of the most significant stressors for the Project. As such, the Consultant will analyze the transportation systems in Brickell Bay Drive and its surrounding areas to identify feasible alternatives. These alternatives could include modification of traffic patterns, different parking schemes, interventions of pedestrians and bicycle networks, and impacts of raising the grade of the road, among others. Transportation analysis must be conducted under non -pandemic conditions A2.05-7(a) Methodology Determination Prior to initiating the transportation analysis, the Consultant and City of Miami will provide a methodology correspondence to the Miami -Dade County Department of Transportation and Public Works outlining the analysis procedure and assumptions. The purpose of this correspondence is to outline the requirements of the transportation analysis. The Consultant will revise the methodology correspondence one (1) time, if necessary, in response to agency comments. A2.05-7(b) Traffic Data Collection Turning movement counts will be collected at a maximum of 28 intersections and driveways during the A.M. (7:30 A.M. to 9:30 A.M.) and P.M. (4:00 to 6:00 P.M.) peak periods of a typical weekday (Tuesday, Wednesday, or Thursday) while local schools are in session. All traffic counts will be adjusted to account for seasonal variation using the appropriate Florida Department of Transportation (FDOT) seasonal adjustment factors to represent peak season traffic conditions. Figures depicting peak season turning movement counts will be prepared. Existing signal phasing and timing patterns will be obtained from Miami -Dade County Department of Transportation and Public Works — Signals and Signs Division for the signalized intersections required to be evaluated in this analysis. Design Criteria Professional for 27 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.05-7(c) Volume Development A background growth rate will be calculated based on historic growth trends at nearby Florida Department of Transportation (FDOT) traffic count stations. Additionally, growth rates based on the Miami -Dade Transportation Planning Organization's (TPO) projected 2015 and 2045 model network volumes will be examined. The higher of the two (2) growth rates will be used to develop future year traffic volumes. Documentation will be provided in the Appendix of the traffic impact study. Study area intersections and driveways volumes for existing (2020) and long-term (2045) will be prepared for a maximum of four (4) build alternatives and one (1) no -build base condition. Committed development traffic information provided by the City of Miami will be included in background conditions. It is expected that the City will provide the corresponding approved traffic study for any committed projects identified. A2.05-7(d) Capacity Analysis Vehicular roadway conditions will be examined to determine the level of service for the study area intersections for existing (2020) and long-term (2045) conditions during the A.M. and P.M. peak hours. Background traffic growth will be factored into the analysis. Two (2) capacity analysis scenarios will be examined for each build and no -build alternative: existing and future year 2045. The intersection capacity analysis will be analyzed using Trafficware's SYNCHRO software which apply methodologies outlined in the Highway Capacity Manual, 61"/2010/2000 Editions. A2.05-7(e) Documentation of Findings The results of the capacity analysis will be documented in a report that will include graphics and tabulations, plus text to describe the study procedure, key assumptions, findings, and recommendations. The study will be submitted to Miami -Dade County Department of Transportation and Public Works. A maximum of five (5) bound copies will be provided along with an electronic (PDF) copy. A2.05-7(f) Miami -Dade County Department of Transportation and Public Works Coordination The study findings and recommendations will be provided to the Miami -Dade County Department of Transportation and Public Works — Traffic Engineering Division. If needed, the Consultant will attend one (1) meeting with County staff to discuss the preferred enhancement alternative. Responses to a maximum of two (2) County staff comment sets will be prepared. A2.05-8 Drainage System Analysis and Preliminary Design The City's current Stormwater Master Plan and hydrologic/hydraulic model will be utilized by the Consultant's localized analysis of the drainage system in Brickell Bay Drive and adjacent areas. The Consultant will build on this Stormwater Master Plan to model a set of multiple climate scenarios and/or weather events in future years and assess the effects of adaptation interventions, interior drainage interventions (both green and gray), and/or improvements to storm sewer and pumping infrastructure. The analysis will explore a range of drainage solutions and technologies while anticipating a combination of interventions at multiple points in time and factoring in limitations such as the availability of capital funding. Specific activities will include but not limited to: ■ Creating a working drainage basin map to be used in defining the system hydrology. This map will incorporate drainage basin boundaries, existing survey and/or LiDAR and field observations, as necessary, to define the system. Basin delineations will also include any existing collection systems. ■ Analyzing, determining, and documenting high water elevations per basin which will be used to set roadway profile grade and roadway materials. ■ Delineate contributing drainage areas, determine runoff, inlet locations, and spread. In addition, hydraulic losses will be calculated, design tailwater and outlet scour protection. Design Criteria Professional for 28 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Performing preliminary design of Stormwater Systems to provide stormwater treatment and attenuation. ■ Determining the size and modeling the stormwater management Systems using a routing program. ■ Making a preliminary evaluation of potential needs of drainage wells based on well capacities in the vicinity of the project. ■ Gathering data including desktop analysis of local, state and federal Drainage permits. ■ Performing field reviews. The Consultant will coordinate and/or meet with representatives of agencies that will have jurisdiction over stormwater management for the project to collect data and identify criteria governing stormwater collection, retention/detention, pre-treatment, discharge and/or overflow. These agencies may include some or all of the following: ■ Miami -Dade County Department of Transportation and Public Works (DTPW). ■ Water Control Section of the Miami -Dade County Department of Regulatory and Economic Resources (RER) ■ Miami -Dade County Pollution Remediation Section (PRS) ■ City of Miami Department of Public Works (MDPW) ■ South Florida Water Management District (SFWMD) ■ Florida Department of Environmental Protection (FDEP) ■ U.S. Army Corps of Engineers (USACE) A2.05-9 Collection and Review of Existing Documents Relevant to Local and Climate Change Planning The Consultant recognizes that it is critically important to link this project with other existing planning efforts to ensure consistency across vision and goals, as well as for specific recommendations. Therefore, the Consultant will develop a list of local and climate change documents that will be reviewed including, but not limited to: ■ Miami -Dade County Comprehensive Development Master Plan ■ Miami 21 including Waterfront Design Standards ■ Unified Sea Level Rise Projection Southeast Florida ■ City of Miami Transportation Master Plan ■ Back Bay Study ■ Miami -Dade County Coastal Risk Management Study A2.05-10 Environmental Studies and Permitting The Consultant will perform a records search for readily available environmental and ecological information for the project site. The search will include sources such as RER, FDEP, USEPA, and US Fish and Wildlife Service and will include shapefiles, maps, and tables. Moreover, the Consultant will perform literature review studying and identifying the required approvals and permitting pathways (i.e., City, State, Federal) for the Project. Services may also include developing approaches for mitigation as it relates to permitting and implementation. The task involves coordination with various city departments including, but not limited to, OCI , Building, Zoning, Planning, , and Resilience and Public Works, and various other organizations and agencies, including, but not limited SFWMD, , U.S. Army Corps of Engineers, Miami -Dade County Environmental Resources Management, U.S. Fish and Wildlife Services, NOAA National Marine Fisheries Services ,and the Florida Fish, and Wildlife Conservation Commission. As such, the ability of the Consultant to coordinate with multiple agencies will be important. The Consultant will schedule, coordinate, prepare for, and lead/participate (as deemed appropriate by the City) in an agency Pre -Application Meeting/Conference. The Consultant will develop a meeting agenda and PowerPoint presentation of the selected alternative that will be distributed to all attendees in advance of the meeting. The principal objective of the meeting will be to obtain agency input and to Design Criteria Professional for 29 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT identify any specific concerns with respect to the implementation of the design approach, mitigation requirements, and permitting options. The Consultant will identify the required approvals and permitting pathways (i.e., City, State, Federal) for the selected alternative. Additionally, the Consultant will develop approaches for mitigation as it relates to permitting and implementation. A2.05-11 Seawall Biological Survey As a preliminary investigation for any seawall specific improvements and/or a terraced living shoreline approach, the existing seawall and the benthic substrate immediately adjacent to the seawall (out to 3 meters) will be investigated by the Consultant's biologists. The seawall investigation area will need to be free and clear of vessels to allow our staff access. The Consultant's scientists will collect qualitative and quantitative data of the benthic resources located on the seawall, from the high-water line to the seafloor. If present, scleractinian coral colonies will be identified to species level and assessed for maximum size (to nearest cm) and overall health. Representative photographs will be taken using an underwater camera. The benthic substrate at the base of the seawall out to 3 meters will be assessed for seagrasses or other benthic functional groups to satisfy environmental permit requirements. A Field Observation Report will be prepared documenting methodology and observations obtained during the seawall survey and will include relevant photographs. A2.06 ADAPTATION PLANNING The Brickell Bay Drive waterfront area, because of its proximity to the coast and to Miami River as well as its marginally lower elevations compared to surrounding areas, will be subjected to a range of climate change impacts that need to be considered for planning the design of revitalization and improvements of the site and surrounding areas. These include hydraulic and hydrologic effects focused on changes in precipitation, sea level rise, changes in the frequency and magnitude of coastal storms and associated storm surge levels. This task will help focus the resiliency goals of the project; identify the range of future conditions that need to be considered; evaluate the vulnerability of the built environment, the natural ecosystems, and the affected human communities; and evaluate potential adaptation options. This is envisioned as a high-level analysis to be performed using available public domain geospatial data on climate impacts in the project area and the surrounding region. The outcome of this task will form the basis for more detailed field studies and data collection, feasibility evaluation, engineering design and cost estimation of alternatives, to be accomplished in related tasks described in this Scope of Work. Planning and design of the area will need to consider, for example, vulnerability to coastal flooding from sea level rise, changes in the frequency and magnitude of tropical storms/hurricanes and associated storm surge and increasing air temperature. Future projections of these hazards have been reported for Southeast Florida for different time horizons over the 21st century and considering different sea level rise scenarios and storm tracks and will be used for this analysis. Important published resources to be used for this analysis include LiDAR elevation and bathymetry data for the Southeast Florida coastal region for 2018, published by the National Oceanic and Atmospheric Administration (NOAA) Digital Coast Program and maximum water heights for different category storms with different storm tracks using the SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model, also developed by NOAA.2 Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline, and recent public resources have made a great deal of this information available. Additional public data on frequency of flooding impacts by property location in the project area3 also provides insight into economic impacts under conditions with and without implementation of adaptation. The Services may include evaluation and analysis of a wide variety of climate adaptation approaches, including land use policies, private property adaptation and public infrastructure that could be applied to the Project to ameliorate the impact of these effects. The analysis will also need to consider impacts to private property and how the Project ties into nearby marine environment, greenspaces, and infrastructure https://coast.noaa.gov/digitalcoast/data/ https://epa.maps.arcgis.com/apps/MapSeries/index.html?appid=852ca645500d4l9e8c676lb923380663 s hops://riskfinder.climatecentral.org/ Design Criteria Professional for 30 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT corridors overlaps with other climate adaptation and storm surge mitigation projects occurring in the City. Feasibility should be looked at from the perspectives of implementation, construction, operations, and maintenance. As part of the Services, the Consultant will confirm existing conditions and physical constraints by conducting historical review; conducting topographical and geotechnical surveys; potential contamination investigations; underwater investigations, inspections, and/or testing; benthic survey; tree survey; utility surveys, site investigations, and any related necessary services as described in A2.05. The Consultant will consider resilience goals (e.g., reducing storm surge impacts), conservation goals (e.g., restoring ecosystems and/or creating a new habitat for native species), and community goals (e.g., protecting critical real estate assets and enhancing public space and access)., improving mobility and walkability, public realm, water quality, and tree canopy.) The planning effort will include an iterative process to assess the City and community's goals against engineering feasibility, design, permitting, and financial modeling, and lay a clear path forward for the Design/Build RFP solicitation. This will include an analysis of the various financing and funding pathways available with the different design alternatives as described in Section A2.07-2(a). The Consultant will prepare opportunities and constraints diagrams that will describe the existing site conditions. These diagrams and findings, coupled with the background data, will help to inform the deliverables during the Design Alternative Analysis stage of work. A2.06-1 Adaptation Planning Framework Informed by Resilience, Conservation, and Community Goals Development The Consultant will develop a framework for adaptation planning aligned with the City's resilience goals (e.g., reducing storm surge impacts), conservation goals (e.g., restoring ecosystems and/or creating a new habitat for native species in the project area or general vicinity), and community goals (e.g., protecting critical real estate assets and enhancing public space and access), improving mobility and walkability, public realm, water quality, and tree canopy). This framework will be used to: (1) identify key assets and high-level potential adaptation options to support goals, and (2) to analyze tradeoffs among these options. It is envisioned that the Consultant will solicit the input of the City and outside stakeholders to refine these elements of the framework. This adaptation planning framework will be documented as a task report, with potential applicability to other coastline redevelopment/revitalization projects in the region. A2.06-2 Vulnerability of the Brickell Bay Drive Waterfront Area to Climate Change, Sea Level Rise, and other Hazards Assessment To design the project, an assessment of vulnerability must be conducted to inform adaptation planning. The Consultant will conduct a vulnerability assessment using the best available data and projections. The vulnerability assessment will examine the impacts to key assets identified in the framework that best represent the City's goals. The Consultant will develop a list of climate variables and projections such as for air temperature, precipitation extremes and durations, mean sea level rise, tidal water extremes, storm surge, and other variables that will be used to assess vulnerability. Some of these quantities are tied to specific time horizons, and the Consultant will work with the City and other regional planning efforts to help select the projections for future work. These projections will be reviewed and agreed upon with the City. To the extent possible, the assessment will cover the three key components of vulnerability: exposure, sensitivity, and adaptive capacity. The projections together with the results of the vulnerability assessment will be used to support proposed modifications to the Design Guidelines listed in A2.08 A2.06-3 Tradeoff among Adaptation Options for the Project Development and Analysis Using the results of the vulnerability assessment, the Consultant will develop options to support the City's vision to adapt Brickell Bay Drive and protect it from future storm surge and sea level rise while encouraging waterfront connectivity, creating open space, and improving the natural environment and the local ecosystem. Adaptation options may include a combination of shoreline hardening, protection, accommodation, and ecosystem -based adaptation. Each option will describe key implementation measures (i.e. land use policies, land acquisition, public infrastructure) and triggers (i.e. environmental thresholds such as number of high tide flood days). Design Criteria Professional for 31 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The consultant will conduct a high-level analysis of tradeoffs among the adaptation options in supporting the City's goals and vision for the area. The benefit of this approach is that a wider range of impacts and adaptation can be considered during this phase, prior to more detailed, site -specific feasibility, design, and cost estimation. The analysis will consider impacts to private property and how the Project ties into nearby marine environment, greenspaces, and infrastructure corridors overlaps with other climate adaptation and storm surge mitigation projects occurring in the City. Feasibility swill be examined at a high level from the perspectives of implementation, construction, operations, and maintenance to lay a clear path forward for the Design/Build RFP solicitation. This work will be documented as the Brickell Road Project Adaption Options Report to be provided as a deliverable to City. Feasible adaptation options will form the basis developing and analyzing viable design alternatives for the Project as described in A2.07. A2.07 REAL ESTATE IMPACT ASSESSMENT AND IMPLEMENTATON STRATEGY A2.07-1 Real Estate Impact Assessment A2.07-1(a) Market Scan The Consultant will evaluate current market conditions in the Brickell Bay Drive vicinity, with a specific focus on residential, office, retail, and hotel space, within the context of Miami. This evaluation will provide an understanding of the state of the market today and establish a baseline when considering how new investment may impact the neighborhood. A2.07-1(b) Development Site Scan Based on the market scan and a review of properties in the Brickell Bay Drive vicinity, the Consultant will identify locations with strong potential to support new development in the neighborhood and contribute to identified goals for the district as well as neighborhood investment and growth. A2.07-1(c) Impact Assessment The Consultant will assess the real estate impact of planned capital investments in flood mitigation infrastructure along Brickell Bay Drive, including both increased value of existing properties as well as potential impacts from new development catalyzed by these investments. The Consultant will then translate these real estate impacts into expected fiscal impact for the City, the findings of which will support evaluation of financing tools to support of operations & maintenance costs. the Consultant's analysis will focus on property taxes and will use existing property tax rates for residential and commercial properties in Miami to evaluate fiscal impact. A2.07-2 Implementation Strategv A2.07-3(a) Funding Strategy The Consultant will evaluate a set of financial tools for the selected alternative which could be used to leverage property impacts in the Brickell Bay District and project the funding that could be generated by each to support capital expenses as well operating expenses. Potential tools to be evaluated in this analysis include special assessments, value capture, or other funding mechanisms. As part of its assessment of value capture mechanisms, the Consultant will identify and compare the co -benefits of all potential flood protection interventions to help demonstrate the value of public investment and illustrate tradeoffs to the City and stakeholders. Identifying and quantifying any such co -benefits will improve the overall resilience of the project and surrounding areas and provide the potential to generate additional value that could be monetized and captured to support capital and operations costs. The Consultant will also create a strategy for funding ongoing operations and maintenance costs for the Brickell Bay Drive flood mitigation infrastructure. To understand operating costs, the Consultant shall provide cost precedents from relevant projects that inform a high-level projection of likely costs for various components of the project. The Consultant will then propose an achievable approach to generating operating revenue through categories such as earned income, special assessments, ongoing public funding, and ongoing contributed income. Design Criteria Professional for 32 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.07-3(b) Governance Structure The Consultant will evaluate and recommend a governance structure for the Brickell Bay Drive District, particularly by helping to align the governance structure for designated open space with its upfront and ongoing funding strategy. A2.08 DESIGN ALTERNATIVE ANALYSIS A2.08-1 Alternatives Identification The Consultant will work with relevant stakeholders to identify management strategies, project alternatives, and recommendations to fulfill the purpose and need of the Project to help achieve the established goals and objectives. The Consultant will develop up to two (2) viable design alternatives for the Project and a combination of the two, for a total of three (3). During this phase of work, the Consultant will review the data collected as part of the scope of the previous sections. With this data, the Consultant will develop some scenarios of solutions to address the project's opportunities, constraints and needs. These solutions will be reviewed with the City to gain a better understanding of the goals and objectives of City Staff. The Consultant will generate two sketch plan alternates, prepared in a professional manner and submitted in electronic format that consider the comments received by City Staff. These sketch plans will depict the overall design intent for the project and will depict the scale and relationship of design elements. The Consultant will create a concept statement of each alternate and develop a circulation plan. With the elements of these two alternates a third alternate will be developed. The Consultant will prepare conceptual site plans, drawings, and presentation -type illustrations that will depict the design intent along with calculations. The consultant will also prepare site sections, image boards, and vignettes to visualize the three (3) design alternatives. A2.08-2 Cost Estimating The Consultant will prepare Class 5 estimates for two (2) alternatives and a hybrid (combination or variation of the two alternatives). Subsequently, the Consultant will prepare a Class 4 estimate for the selected alternative this will be used for the DCP. Estimates that reflect the Total Project Cost as defined by the City, will adhere to the Association for Advancement of Cost Engineering (AACE) guidelines and practices. The cost estimate will be used by the City to develop list of activities with estimated durations based on the cost estimates. This list will be provided to the City for the preparation of the project's critical path method (CPM). A2.08-3 Financing Alternative Analysis The Services shall include the development of a financing strategy to secure public and/or private funds for the construction of the Project based on the information obtained as part of Task A2.07-2(a) The financial implications of flood mitigation strategies and quality of life improvements shall also be evaluated such as they relate to potential benefits for reduced flood related disruptions and reductions property insurance in the area. A2.08-4 Alternatives Evaluation The evaluation of these alternatives, shall each comply with existing City and FDOT standards, will include information obtained from public engagements included in Task A2.10 Alternative financing options for each design alternative shall be defined and discussed with all stakeholders. Only one (1) alternative will be selected to be included in the future Design/Build RFP solicitation. The selection of the alternative will be based on the following criteria: ■ An evaluation framework according to vulnerabilities and/or threats identified ■ Identification of priority elements for focused flood mitigation, public connectivity to the waterfront, public park and open space, traffic circulation, stormwater management, coastal protection, and environmental enhancements. Design Criteria Professional for 33 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ A cost/benefit analysis that will quantify social, environmental, economic, and resiliency benefits and costs; and quantify economic costs associated with expected damages and losses for various mutually agreed upon current and future conditions and hazard scenarios in order to justify public expenditure for implementation projects. ■ Ranking project actions according to anticipated reduction in flooding and stormwater hazards, improving public waterfront access, creating open and park space, and synergy with existing and future adjacent waterfront areas. Potential ranking factors may include, but would not necessarily be limited to: o Project goals and objectives o Flood and stormwater mitigation o Public open and park space o Traffic calming and wayfinding o Cost, permitting, and maintenance o Available computer modeling o Community and landowner cooperation, public access and visibility o Cost sharing partner involvement and innovation A2.08-5 Draft and Final Alternatives Evaluation Report The Consultant will prepare a report summarizing the alternatives evaluation criteria, selection process, stakeholder input and details of the selected alternative. A draft report will be submitted to the City for review and comments. Subsequently, a final report will be prepared and will be made available to the general public. During this stage of work, the consultant will distill the planning alternatives and concepts developed as part of the initial design and planning stages into a final strategic alternative that will become the basis for the project moving forward. The implementation strategy will: ■ Clearly articulate priorities, measurable objectives and steps to implement the identified Project elements. ■ Include detailed cost estimates, ■ Include a list of additional studies and analyses that should be undertaken in order to implement priorities and the data needs and costs associated with each. ■ Include recommendations for economies of scale, efficiencies or other cost saving measures to stretch implementation dollars and leverage additional funding sources. ■ Include a baseline schedule that will be used to periodically update the Project. The Implementation Strategy will include a matrix of prioritized Project elements and other actions for advancing the implementation of the goals and objectives of the Project, including steps needed to implement the specific key milestones (e.g., feasibility, design, permitting, procurement, construction), timeframe for implementation; short term (e.g., immediate to 1 year) or long term (e.g., greater than 1 year, up to 4 years), cost estimates, regulatory approvals needed, and likely project sponsor (agency or organization lead) and project partners. A2.09 DESIGN CRITERIA/GUIDELINES (LAND USE, URBAN DESIGN, LANDSCAPE ARCHITECTURE) The Consultant shall clearly identify design criteria / guidelines for the D/B contractor to follow during the D/B phase. The design criteria / guidelines, which could be an adaptation or modification of existing ones (i.e., Miami 21), will give direction on critical issues, including: ■ Floodway Impacts/Encroachment ■ Erosion and Sedimentation ■ Site and Regional Topography ■ Storm Drainage and Green Infrastructure ■ Storm surge, coastal flooding and tidal related flooding ■ Sea Level Rise Projections ■ Water Quantity and Quality Design Criteria Professional for 34 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Protected Species in the area ■ Coastal Wetlands and benthic habitat ■ Cultural Resource Constraints (historic properties and archeology) ■ Hazardous Materials and Subsurface groundwater or soil contamination Constraints ■ Mobility Impacts - Pedestrian, Bicycle, Vehicle, and Parking Impacts ■ Land Use, Zoning and Public Policy ■ Urban Design and Visual/Aesthetics ■ Open Space and Recreation ■ Tree canopy ■ Sunshade, solar radiance/urban heat island, and wind/air flow ■ Ecological and Threatened or Endangered Species ■ Community Services, Emergency Services, and Public Safety ■ Environmental Justice ■ Construction Impacts ■ Harmonization between public and private properties ■ Environmental Permits (including fatal flaws, schedule and costs) ■ Proposed Potable Water and Sewer Services ■ Proposed Lighting and Telecommunication Services ■ Bicycle Trail Standards In addition to impact avoidance, the design guidelines will look for opportunities leading to environmental enhancement and social benefit. For example, there may be green infrastructure and open space opportunities that can improve storm water quality and enhance the ecosystem as well as offer an improved waterfront experience while mitigating flood risk. The Consultant Team will work together to provide resilient solutions that are functional and aesthetic, providing both social and environmental benefits. A2.10 PUBLIC ENGAGEMENT Public engagement during Phase I of the project includes informing stakeholders, answering questions and supporting the City of Miami in gaining public support for the project. Three meetings are included in this task: ■ First initial meeting to discuss project ■ Second meeting to discuss three alternatives ■ Third meeting to review selected alternative The consultant shall: ■ Coordinate logistics with City staff ■ Prepare materials for use as handouts for the public ■ Draft Agenda ■ Draft letters of invitation ■ Serve as emcee and facilitator during the meetings ■ Keep notes and provide feedback for City staff to follow up with participants A2.11 DESIGN AND ENGINEERING The Services will include the development of engineering (conceptual) plans up to a sufficient level of detail (approximately 30%) and design criteria for the selected alternative, to accompany the Design Criteria / Guidelines. Design efforts shall comply with all applicable Federal, State, County, City, and local laws, codes, ordinances, rules, and regulations. Provided that the City has determined that the information is satisfactory and complete, at a minimum, the DCP shall include the following drawings: Design Criteria Professional for 35 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Drawing Title G-1 Cover G-2 Notes and Abbreviations C-1 Roadway Plan (shows roadway geometry, pavement markings and signage) C-2 Roadway Plan (shows roadway geometry, pavement markings and signage) C-3 Roadway Plan (shows roadway geometry, pavement markings and signage) C-4 Civil (Drainage and utilities) C-5 Civil (Drainage and utilities) C-6 Civil (Drainage and utilities) C-7 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) C-8 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) C-9 Sections (from 20 beyond w row to 10' beyond seawall, every 100 feet, 5 per sheet) L-1 Landscape/Hardscape plan L-2 Landscape/Hardscape plan L-3 Landscape/Hardscape plan L-4 Landscape/Hardscape details L-5 Landscape/Hardscape details A2.12 CULTURAL ASSESSMENTS SERVICES (NTE ALLOWANCE - PHASE II) The Consultant will provide additional cultural resource assessment for Brickell Bay Drive from SE14th Street to SE 15th Road and coordination with the City of Miami and the Florida State Historic Preservation Office to determine the Area of Potential Effect (APE) for both archaeology and historic architecture. A2.13 HYDROGRAPHIC SURVEY (NTE ALLOWANCE - PHASE II) Consultant will deploy a vessel to conduct a single beam echosounder (SBE) survey to collect data along 50 to 100 pre -determined transects at the required spacing. These survey data will be incorporated with existing bathymetric data from NOAA (2017 and 2018) and onshore topographic data to form a Digital Terrain Model (DTM). Where Consultant will merge these two technologies and data sets into a single adjusted DTM and create complete cross section data sets. The SBE survey will be conducted by an experienced hydrographer operating on a Florida -based survey vessel. Real -Time Kinematic RTK GNSS positioning, (Trimble R10 or equivalent) will be used for collecting high -accuracy position and election data that are combined in a real-time data acquisition system and merged with accurate survey depth data from state-of-the-art digital survey echosounder (CeeEcho or equivalent). For a complete -coverage survey, a multibeam sonar system combined with motion refence system and RTK-GNSS positioning would be mobilized for the survey. The ellipsoidally based bathymetric survey will be referenced to orthometric datum by tying into local shore -based survey monuments with local control as necessary. Quality control methods throughout the mobilization, acquisition and processing of the data will be applied to achieve accurate repeatable results. Hydrographic surveys will be conducted in accordance with the USACE standards for hydrographic survey, USACE EM 1110-2-1003 and Consultant Standard Operating Procedures. A2.14 OFFSHORE INVESTIGATION (NTE ALLOWANCE - PHASE II) Offshore geotechnical investigations will provide data for the design of an enhanced seawall, and any offshore elements such as islands, berms and reef substrates. The offshore geotechnical investigations will include: Design Criteria Professional for 36 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Seawall Borings - Drill and sample two (2) borings to depths of approximately 60 feet below grade on the upland side of the existing seawall. In cohesionless soils, perform the Standard Penetration Test (SPT). The SPT borings will be performed with a drill rig using rotary drilling procedures. Samples of the in -place materials will be recovered with a standard split barrel sample spoon driven with a 140-pound hammer falling 30 inches (the Standard Penetration Test in accordance with ASTM D1586). In cohesive and semi -cohesive soils, use a 30-inch long, thin -walled Shelby tube to take relatively undisturbed samples. Upon completion of the field work, each borehole will be backfilled with excavated soil/rock, the surface patched and the site generally cleaned. ■ Relocated Seawall Borings - Drill and sample three (3) borings to depths of approximately 50 feet below grade approximately 20 feet seaward of the face of the existing seawall at locations. SPT or Shelby tube sampling will be done depending on the cohesive characteristics of the soil. The offshore borings will be backfilled after completion with neat cement grout. ■ A geotechnical engineer will review the soil samples and representative samples will be tested for physical properties such as unit weight, moisture content, sieve analysis/fines determination and organic content. Additional testing on the offshore features boring samples will include, unconsolidated undrained (UU) triaxial compression testing (ASTM-D2850), consolidation testing (ASTM D-2435), Atterberg limits determination ASTM D4318). An engineering analysis will include recommended soil pressures and depth of embedment of the seawall toe for the seawall borings and the allowable bearing capacity and expected settlement for the offshore features' borings. The results of the field exploration, laboratory test results and the engineering analysis/design recommendations will be the basis for the geotechnical engineering report, which will specifically contain: o Plan of the site showing the SPT boring locations; o Logs of the exploratory borings and soil classifications; o A general discussion of the soil conditions encountered within the SPT borings; o Groundwater level depth noted in the upland seawall borings at the time of drilling, if encountered and an estimate of seasonal high groundwater levels; o Engineering design recommendations for the seawall and offshore features thatwill include the following considerations: i. Bulkhead must support emergency vehicles driving along Brickell Key Drive; ii. 50-year design life: iii. Surcharge Loads iv. Hydrostatic drawdown due to differential groundwater/surface water elevations ■ Offshore Features Borings (additional scope) - Drill and sample four (4) borings to depths of approximately 30 feet below grade at locations shown on Figure 3. The SPT borings will be performed with a drill rig using rotary drilling procedures. SPT or Shelby tube sampling will be done depending on the cohesive characteristics of the soil. The offshore borings will be backfilled after completion with neat cement grout. A2.15 BENTIC SURVEY (NTE ALLOWANCE - PHASE II) ■ The Consultant biologists will conduct a seagrass survey of the Project area during the federally recognized seagrass growing season (June 1 through September 30 in Miami -Dade County). The seagrass survey will be conducted in accordance with the National Marine Fisheries Service (NMFS) recommendations contained within the Final Recovery Plan for Johnson's Seagrass, September 2002. The NMFS Protocol is broken down into three survey methods, 1) Small Project Sites, 2) Intermediate -Area Project Sites and 3) Large -Area Project Sites. Since the Project site is more than 1 hectare, the Large -Area Project Site guidance is appropriate. In addition to providing three survey methods based on project size, the NMFS Protocol states that a "preliminary visual reconnaissance of the site should be conducted to locate any occurrences of Halophila Johnsonii." ■ The preliminary visual reconnaissance survey will be conducted thorough visual assessment of the survey area providing comprehensive coverage of the proposed project area to accurately delineate existing seagrass habitat boundaries. The visual assessment will be conducted via bounce dives throughout the survey area. ■ Following the preliminary visual reconnaissance survey, a detailed qualitative and quantitative sampling of marine resources will occur in areas identified as seagrass habitat during the Design Criteria Professional for 37 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT preliminary investigation. The NMFS Protocol provides various transect methods for documenting the presence or absence of Halophila Johnsonii. The seagrass survey will use the recommended "belt transect" method to assess the site. The width of the belt transect will be 2 meters (one meter on each side of the transect tape). The NMFS Protocol requires that between 1 % and 30% of the site be sampled. Based on the transects described below, assuming that seagrass in present throughout the entire survey area, approximately 3% of the total Project site will be quantitatively surveyed. Seven (7) transects, ranging in length from —443 m to —650 m, will be evenly spaced (approximately 60 m apart) throughout the Project area, assuming seagrass is present throughout the entire survey area. Each transect will be assessed by divers using the belt transect method. Diver will record seagrass species and density on prepared data sheets and take representative photographs. ■ The divers will note and estimate seagrass coverage based on the following scale; a. 0-20% coverage b. 20-40% coverage c. 40-60% coverage d. 60-80% coverage e. 80-100% coverage Sparse Sparse to moderate Moderate Moderate to dense Dense ■ The divers will also note the occurrence of all seagrass species and mixed beds along the transects. If the seagrass area is a mixed bed, all species occurring will be noted, but the density estimate will be for the total seagrass coverage, not for each species separately. The dominant seagrass species will be noted where more than one species occur. ■ A Field Observation Report will be prepared documenting methodology and observations obtained during the seagrass survey and will include relevant photographs. ■ The above services will be provided for the length of the seawall extending 10 feet beyond the seawall. Should the selected alternative include features beyond 10 feet from the seawall into the water, then the seven (7) transects described above will be provided as additional scope. A2.16 BIDDING AND AWARD (PHASE II) Bidding and award activities will be led by the City. Consultant will conduct the following services during the bidding process. ■ Consultant will work with the City staff to provide a master copy of the Design Criteria Package (DCP) in electronic format (PDF), addressing any comments after the final submittal. The City shall distribute bid packages to potential bidders via online plan distribution. ■ Support with addenda. Consultant will respond to technical questions forwarded by the City for anticipated addenda as part of this scope of services. Consultant will respond to questions, in the format required by the City, for expedited response time and will generate necessary supporting documents, as applicable, and submit them to the City for distribution to registered plan holders. ■ Consultant will attend the pre -bid meeting at the City and prepare agenda. ■ Consultant will evaluate technical proposals received from shortlisted teams during the D/B selection process and associated bids, provide support for evaluation of the apparent low bidder's utilities contractor's qualifications for undertaking the utility work on the project, and provide a recommendation of award. A2.17 ENGINEERING SUPPORT SERVICES (PHASE II) A2.17-1 Design Reviews The Design Criteria Professional will act as the Owner's Representative and provide Engineering Support Services for design reviews during the D/B phase. We will review the various design drawings and specification submittals for the design package, assuming two submittals from the D/B firm. A2.17-2 Construction Administration During the construction phase, Consultant will provide technical services support for the construction of the improvements. Consultant will consult with and advise the City. All instructions to the Contractor will be issued through the resident project representative or in writing on an as -needed basis. During the construction phase, Consultant will: Design Criteria Professional for 38 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Attend one (1) pre -construction conference, prepare agenda and minutes. ■ Attend monthly progress meetings for a minimum of 16 months. Any additional meetings shall be included at the request of the City under the Contingency Allowance. The City Project Manager will be responsible for preparing meeting minutes for distribution. ■ Provide interpretation or clarification of the design criteria package during active construction when requested. ■ Review shop drawings and other submittals, on behalf of the City, up to two (2) times per submittal subject area for general conformance with the Contract Documents. ■ Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. ■ Coordinate with the full-time registered project representative (RPR) or Project Manager with review of applications for payment, test reports for soils, concrete and other materials on a monthly basis. ■ Assist Review and analyze claims, make recommendation to the City's Project Manager to evaluate claims made by the Contractor and prepare change orders as required. ■ Conduct substantial and final completion inspections and checklists and review record drawings. ■ Perform the necessary services described above during the Design -Build contract. A2.18 PUBLIC ENGAGEMENT DURING DESIGN AND CONSTRUCTION (PHASE II) Public outreach to stakeholders surrounding the planned workshops and in support of the overall project. Detailed elements of the outreach plan to be developed, but activities may include: ■ Facilitating public meetings, as per outlined in Phase I above ■ Production of materials to be used at outreach meetings, including brochures and direct mail ■ Creating social media platforms and message campaign on Facebook, Twitter and Instagram; monitor social media for stakeholder response to the project and respond as appropriate ■ Creating a dedicated website about the project and provide regular updates. A2.19 MODELING TO SUPPORT SELECTED DESIGN ALTERNATIVE (PHASE II) Using climate change scenarios selected for the project (sea level rise, extreme precipitation, storm surge, temperature, etc.), each of the design alternatives will be modeled to understand protection from storm surge as well as impacts to drainage during large rainstorm events. Storm surge modeling will be performed using NOAA's public domain model framework SLOSH, identified above and used extensively for such modeling in Southeast Florida. Model outcomes may be used to refine the design alternatives or develop new hybrid alternatives. Model setup and results will be documented in a Model Summary Report. A detailed scope of work will be developed for each Work Order issued. As further detailed in this Agreement, as may be amended from time to time, the City, acting by and through its City Manager or the City Manager's authorized designee, prior to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, may elect at the City's discretion, to proceed with the Work on a phased basis. This scope of work was used to establish the contractual budgetary estimates and will be furthered detailed during preparation of work orders. A2.20 PERSONNEL A2.20-1 General Requirements The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements, and character to adequately perform the duties assigned for each specific assignment under this scope of work. Unless otherwise agreed by the City, the City will not compensate straight overtime or premium overtime. A2.20-2 Consultants Safety Program Individuals designated by the Consultant for the Project should have appropriate level of safety training for their assigned duties. Design Criteria Professional for 39 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT A2.20-3 Personnel Qualifications The Consultant shall utilize only competent personnel, qualified by experience, education, and licensing and certification requirements. The Consultant shall submit in writing to the Project Manager the names of personnel proposed for assignment to the Project, including a detailed resume for each containing at a minimum salary, education, and experience. A request for approval shall be submitted to the Project Manager at least two weeks prior to the date an individual is to report to work. Before the Project begins, all Project staff shall have a working knowledge of the current FDOT Construction Project Administration Manual (CPAM) and must possess all the necessary certifications for obtaining the duties of the position they hold. The Consultant Project Manager shall ensure that the City of Miami's current practices, policies, and procedures are met throughout the course of the Project. Cross training of the Consultant's Project staff is highly recommended to ensure a knowledgeable and versatile Project inspection team and should occur as workload permits. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The Project Manager or designee will have the final approval authority. A.2.19-3(a) Proiiect Manager The Consultant shall directly employ a lead individual on its team, referred to as the "Project Manager," (not to be confused with the Project Manager employed by the City) to lead and manage all efforts of the Project. The Project Manager (PM) shall be employed by the Proposer and must be a licensed, practicing, and registered professional civil engineer in the State of Florida. PM MUST have a minimum of eight (8) years of experience managing projects similar in nature to those described in the RFQ, and must be a currently licensed, registered, and practicing engineer in the State of Florida. A.2.19-3(b) Lead Designer The Lead Designer (LAE) shall be employed by the Proposer and must be a licensed, practicing, and registered architect, civil engineer, or landscape architect in the State of Florida. LAE MUST have a minimum of eight (8) years of experience designing projects similar in nature to that described in the RFQ. A.2.19-3(c) Urban Planner/Land Developer The Urban Planner/Land Developer (UP/LD) shall be a currently licensed and practicing urban planner certified by the American Institute of Certified Planners. UP/LD MUST have a minimum of eight (8) years of experience designing projects similar in nature to that described in the RFQ. A.2.19-3(d) Public Engagement Specialist The Public Engagement Specialist (PES) may be shall be an experienced public engagement professional, who has been practicing in the fields of government relations, public policy, community outreach, online engagement, organizational development, and meeting and event planning, preferably with outstanding knowledge of issues affecting South Florida communities in general. PES MUST have a minimum of eight (8) years of experience in public engagement activities for projects similar in nature to the one described in the RFQ. A.2.19-3(e) Landscape Architect The Landscape Architect (LA) may be employed shall be a currently licensed, practicing, and registered landscape architect in the State of Florida. LA MUST have a minimum of eight (8) years of experience in landscape architecture design for projects similar in nature to the one described in the RFQ. A.2.19-3(f) Other Required Personnel Other required personnel include the following individuals: ■ Certified Floodplain Manager ■ Grant/Financial Specialist ■ Cost Estimator ■ Project Scheduler ■ Economist ■ Civil/Transportation Engineer Design Criteria Professional for 40 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ■ Architect ■ Coastal/Marine Engineer ■ Drainage Engineer ■ Traffic Engineer ■ Environmental Scientist ■ Environmental Permitting Specialist Licenses and any other pertinent information shall be submitted which demonstrates satisfaction of all the requirements identified in Section 3.5, "Minimum Qualification and Experience Requirements," of the RFQ. A2.21 STAFFING Upon execution of the Agreement, the Consultant shall establish and maintain appropriate staff which possess the experience, education, knowledge, licensure and certification requirements, and character to adequately perform assigned Project duties. In order to resolve a dispute in final pay quantities, the Consultant shall provide personnel familiar with aspects of a construction Project's final measurements. The Consultant shall replace staff whose performance is unsatisfactory within one week of City notification. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to perform services under this scope of Work. Personnel changes will require prior written notice to and written approval from City. A2.22 TIME FRAMES FOR COMPLETION The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or the Director's designee and shall terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant. The Project Manager may customize this requirement on a case -by -case basis. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by the City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to, the following: A3.02-1 Maior Revisions Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-2 Specialty Design Any additional special professional services not included in the Scope of Work. A3.02-3 Expert Witness Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during this Agreement. A3.02-4 Miscellaneous Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted practice related to Threshold Inspection services. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Design Criteria Professional for 41 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT Subconsultant. Reimbursable expenses are identified below. Transportation, travel (aside from tolls required to access a Project site), and per diem expenses within Miami -Dade, Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between the Consultant's various permanent offices and Subconsultant. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this Agreement. A4.01-2 Reproduction, Photography Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation Identifiable Soil Borings and Reports and testing costs approved by the City. A4.01-4 Surveys Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-5 Other Items not indicated in Section 4.01 when authorized by the City. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or their designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultants' agreements provide for reimbursable expenses and when such agreement/s has/have been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, tree locations, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Proiect Information Information regarding Project Budget, City and State procedures, guidelines, forms, and formats. A5.01-4 Plans & Specifications City shall provide to the Consultant copies of the permitted plans and the specifications prepared by the Design Professional. A5.01-5 City's Standard Specifications for Road and Bridge Construction A5.01-6 Copy of Executed Construction Contract Design Criteria Professional for 42 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT A6.01 GENERAL Consultant shall provide as part of its Basic Services the following documentation and equipment, which shall be part of the Basic Services fee. A6.01-1 FDOT Documents All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction, shall be provided by the Consultant. Most, if not all FDOT documents, specifications, directives, procedures, and standard forms are available through the FDOT's internet website. A6.01-2 Vehicles Vehicles used in the field by any member of the Consultant's team will be suitable for their intended purpose and will be equipped with appropriate safety equipment. Vehicles shall have the name and phone number of the Consultant visibly displayed and legible. A6.01-3 Field Equipment The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope of Work and every element of the Services, and other items as determined by the Project Manager. Quality and quantity of such items is to meet the Project Manager's approval. At a minimum, each Consultant staff member shall be equipped with, or have immediate access to the following items: ■ Laptop computer installed with: o Wireless internet access o Microsoft Office o Scheduling software capable of reading and modifying MS Project schedules o Email access ■ Color printer (office) ■ 25' Tape measure ■ Smart Level ■ Accessible cellular phone ■ Digital camera (5 Megapixel minimum) ■ Temperature gun/reader ■ 10' straightedge ■ Any specific equipment based on the scope of Work assigned. ■ Hard hats and other appropriate safety gear will be provided to all field personnel. o Hard hats shall have the name of the Consultant visibly and legibly displayed. Such equipment includes those non -consumable and non -expendable items, which are normally needed and are essential in order to carry out the Scope of Work. Equipment described herein under this section will remain the property of the Consultant and shall be removed at the completion of the Work. The Consultant's handling of nuclear density gauges shall be in compliance with staff license. Radioactive Materials License for use of Surface Moisture Density Gauges shall be in compliance with FDOT's requirements. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of Services and duration of the Agreement. Consultant's field office equipment shall be regularly maintained and in operational condition at all times. A6.01-4 Licenses The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating testing equipment when licenses are required. The Consultant shall make the license and supporting documents available to the City of Miami, for verification, upon request. END OF SECTION Design Criteria Professional for 43 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Biscayne Engineering Surveying EDSA Urban Design, Planning, Landscape Architecture HR&A Financing Alternatives, Economic Analyses Kimley Horn Traffic, Mobility/Transit Program Controls, Inc. Project Control, Scheduling Wragg and Casas Public Engagement SCHEDULE A2 - KEY STAFF FULL NAME JOB CLASSIFICATION Ken Caban Project Manager Carol Hufnagel Lead Designer Keith Weaver Urban Planner/Land Developer Ramon Casas Public Engagement Specialist B Scott Lamont Landscape Architect Design Criteria Professional for 44 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE 131 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum, as defined in Section B3.01, Lump Sum. b) An Hourly Rate, as defined in Section B3.02, Hourly Rate Fees, and at the rates set forth in Schedule B1 — Wage Rates Summary. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B1.03 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. With the exception of Principals' compensation, which is formulated as a "flat rate," said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job classifications that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B1.04 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job classifications/categories, and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B1.05 MULTIPLIER For Work assigned under this Agreement, with the exception of Principals' compensation, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or travel and subsistence not directly related to a project. Principals' compensation will be established on a flat rate basis, with no multiplier included. B1.06 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. Design Criteria Professional for 45 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits) and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01.1 Lump Sum Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01.2 Modifications to Lump Sum If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01.3 Lump Sum Compensation It shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1 - Wage Rates. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a particular Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed/Guaranteed Maximum Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a Project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. Design Criteria Professional for 46 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope of Work for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4, Reimbursable Expenses, and B3.03, Percentage of Construction Costs, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at http://archive.miamigov.com/MiamiCapital/forms.html The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05.1 Determination of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum; Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a Project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a Project is suspended for the convenience of the City for more than three (3) months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three (3) months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found on the OCI website at http://archive.miamigov.com/MiamiCapital/forms.html. Failure to submit Design Criteria Professional for 47 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT invoice(s) within 60 days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING - HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a Project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a Project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the Project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE 135 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01.1 Transportation Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01.2 Travel and Per Diem Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01.3 Communication Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01.4 Reproduction, Photography Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01.5 Permit Fees All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. Design Criteria Professional for 48 RFQ No. 18-19-042 Brickell Bay Drive Improvements PROFESSIONAL SERVICES AGREEMENT B5.01-6 Surveys Site surveys and special purpose surveys when pre -authorized by the Project Manager. B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION Design Criteria Professional for 49 RFQ No. 18-19-042 Brickell Bay Drive Improvements ATTACHMENT B - COMPENSATION ATTACHMENT B - COMPENSATION SCHEDULE B1 -WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal $200.00* Project Manager $68.97 $200.00 Project Manager 2 $65.52 $190.00 Lead Engineer / Technical Expert $67.24 $195.00 Sr. Engineer 1 $65.52 $190.00 Project Engineer 1 $51.03 $148.00 Engineer 2 $38.28 $111.00 Engineer 1 $34.48 $100.00 Scientist 2 $28.97 $84.00 Scientist 3 $36.21 $105.00 Sr. Scientist 2 $59.31 $172.00 CAD Designer $35.52 $103.00 Construction Project Rep 2 $58.33 $140.00 Sr. Project Administrator $30.34 $88.00 Project Administrator $24.48 $71.00 Sr Land Surveyor $54.14 $157.00 Sr GIS Analyst $44.14 $128.00 GIS Analyst 2 $32.07 $93.00 GIS Analyst 1 $25.17 $73.00 (*) Flat rate, no multipliers applied. Design Criteria Professional for 50 RFQ No. 18-19-042 Brickell Bay Drive Improvements ATTACHMENT B — COMPENSATION I& CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS {OCI} CONSULTANT STANDARD INVOICE To: City of Miami Office of Capital Improvements {OCI) 444 SW 2nd Avenue - Bth Floor Miami, FL 33130 ATT N: From: N OT E: Invoices received past 2:00 PM will he stamped with the Next Business Date Prepare invoices property to avoid payment delay_ Each invoice must be signed by a Pnncipal of the fine as designated_ Attach appropriate backupdocuments to each invoice_ Submit two (2) signed onginals. Invoice Number: Invoice Date: Month 00, 0000 Page: From Invoice Period: Month 00, 0000 Contract No.: Contract Title: Project No.: Project Name: Purchase Order No.: Work Order No: To: Month 00, GOOD SERVICE CONTRACT AMOUNT %COMPLETE TOTALEARNED TO DATE PREVIOUSLY INVOICED CURRENT INVOICE AMOUNT Schematic Design SD $ $ 6 5 Design Development(Di $ $ $ $ 3fl%Construction Documents 30%CD 60%. Construction Documents 60% CD 90%Consituchon Documents 90%CD $ $ $ $ 1OD% Ccnstruction Documents 100%CD Dry Run Permitting Bidding or Negotiation Phase Construction Admims"ton CA $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Reimbursable Expensets $ $ $ $ 1. Title $ $ $ $ 2. (Title) $ $ $ $ 3. Title $ $ $ $ Additional Services $ $ $ $ t_ the $ $ $ $ 2. (Tine) $ $ $ $ 3_(Tile) $ $ $ $ TOTAL: $ Prier to this Invoice Remaining Contract Balance: $ - $ $ $ Subtotal: E Deductions: Total Due : $ TO BE COMPLETED BY CONSULTANT FIRM CERTIFIED TRUE AND CORRECT BY: (Signature of Pnnrapal) (Type Name and Title of Principal) SUPPORTING DOCUMENTS CHECKLIST: Actrmtion Lefter of Phase being Inmiced� Supporting Documents for Im-ce� Construction Stahl Report. - Final Payment Documents: Additional Service Aulhon—h— AREA TO BE COMPLETED BY CRY OF MIAMI CITY OF MIAMI APPROVAL: DATE SIGNATURE Date Received CIP: PROJECT MANAGER CHIEF PROJECT MANAGER Jorge L. Mora Date Received for Payment Processing (Budget Department): ASSISTANT DIRECTOR Hector L. 6adla INTERIM DIRECTOR Design Criteria Professional for 51 RFQ No. 18-19-042 Brickell Bay Drive Improvements