HomeMy WebLinkAboutExhibit 1tops
CITY OF MIAMI
OFFICE OF OF CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category Capital Program Support Services RFQ No. 12-13-016
(RE -ISSUE)
Contract Type Continuing Services for Program Management
Capital Program Support Services for the Office of Capital
Project Improvements Program
Consultant ATKINS NORTH AMERICA, INC.
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS 5
2.01 TERM 7
2.03 COMPENSATION 8
ARTICLE 3 PERFORMANCE 8
3.01 PERFORMANCE AND DELEGATION 8
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8
3.03 CONSULTANT KEY STAFF/PERSONNEL 8
3.04 TIME FOR PERFORMANCE 9
ARTICLE 4 SUB CONSULTANTS 9
4.01 GENERAL 9
4.02 SUB CONSULTANT RELATIONSHIPS 9
4.03 CHANGES TO SUB CONSULTANTS 9
ARTICLE 5 DEFAULT 10
5.01 GENERAL 10
5.02 CONDITIONS OF DEFAULT 10
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 10
ARTICLE 6 TERMINATION OF AGREEMENT 10
6.01 CITY'S RIGHT TO TERMINATE 10
6.02 CONSULTANT'S RIGHT TO TERMINATE 11
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 11
ARTICLE 7 DOCUMENTS AND RECORDS 11
7.01 OWNERSHIP OF DOCUMENTS 11
7.02 DELIVERY UPON REQUEST OR CANCELLATION 11
7.03 RE -USE BY CITY 11
7.04 NONDISCLOSURE 11
7.05 MAINTENANCE OF RECORDS 11
ARTICLE 8 INDEMNIFICATION 12
ARTICLE 9 INSURANCE 13
9.01 COMPANIES PROVIDING COVERAGE 13
9.02 VERIFICATION OF INSURANCE COVERAGE 13
9.03 FORMS OF COVERAGE 13
9.04 MODIFICATIONS TO COVERAGE 14
ARTICLE 10 MISCELLANEOUS 14
10.01 AUDIT RIGHTS 14
10.02 ENTIRE AGREEMENT 14
10.03 SUCCESSORS AND ASSIGNS 14
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10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14
10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14
10.06 NOTICES 14
10.07 INTERPRETATION 15
10.08 JOINT PREPARATION 15
10.09 PRIORITY OF PROVISIONS 15
10.10 MEDIATION - WAIVER OF JURY TRIAL 15
10.11 TIME 16
10.12 COMPLIANCE WITH LAWS 16
10.13 NO PARTNERSHIP 16
10.14 DISCRETION OF DIRECTOR 16
10.15 RESOLUTION OF CONTRACT DISPUTES 16
10.16 INDEPENDENT CONTRACTOR 17
ATTACHMENT A - SCOPE OF WORK 20
ARTICLE Al GENERAL 20
A1.01 RANGE OF SERVICES 20
A1.02 COOPERATIVE WORK 20
A1.03 NON-EXCLUSIVE RIGHT 20
A1.04 PAYMENTS 21
ARTICLE A2 OVERVIEW OF CAPITAL PROGRAM SUPPORT SERVICES 21
A2.01 PRIMARY SERVICES 21
A2.02 SPECIALTY SERVICES 21
ARTICLE A3 PRIMARY SERVICES 22
A3.01 ADMINISTRATIVE PROGRAM MANAGEMENT 22
A3.02 PRODUCTION MANAGEMENT SERVICES 23
A3.03 CONSTRUCTION ADMINISTRATION 24
ARTICLE A4 SPECIALTY SERVICES 25
A5.02 STAFFING FOR SPECIALTY SERVICES 25
A5.03 STAFFING CHANGES 25
ARTICLE A6 ASSIGNMENT OF WORK 26
A6.01-1 WORK ORDERS 26
SCHEDULE A2. - INITIAL KEY PROGRAM SUPPORT STAFF 28
ATTACHMENT B - COMPENSATION AND PAYMENTS 29
ARTICLE B1 METHOD OF COMPENSATION 29
B1.01 COMPENSATION LIMITS 29
B1.02 CONSULTANT NOT TO EXCEED 29
ARTICLE B2 WAGE RATES 29
B2.01 FEE BASIS 29
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 29
B2.03 MULTIPLIER 29
B2.04 CALCULATION 30
B2.05 EMPLOYEE BENEFITS AND OVERHEAD 30
B2.06 ESCALATION 30
ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 30
B3.01 LUMP SUM• 30
B3.02 HOURLY RATE FEES 30
B3.03 REIMBURSABLE EXPENSES 31
B3.04 FEES for SPECIALTY SERVICES 31
B3.06 FEES RESULTING FROM PROJECT SUSPENSION 31
ARTICLE B4 PAYMENTS TO THE CONSULTANT 32
B4.01 PAYMENTS GENERALLY 32
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B4.02 MONTHLY PROGRESS REPORT 32
B4.03 BILLING — HOURLY RATE 32
ARTICLE B5 REIMBURSABLE EXPENSES: 32
135.01 GENERAL 32
B5.02 TYPES OF REIMBURSABLE EXPENSES 33
B5.03 DEFINITIONS and CATEGORIES 33
B5.04 REIMBURSEMENTS TO SUB CONSULTANTS 33
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 34
B6.01 GENERAL 34
SCHEDULE B1 - WAGE RATES SUMMARY 35
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CITY OF MIAMI
OFFICE OF THE CAPITAL IMPROVEMENTS PROGRAM
PROFESSIONAL SERVICES AGREEMENT
Service Category
Contract Type
Project
Professional Services (RFQ No. 12-13-016)
Continuing Services for Program Management
Capital Program Support Services for the Office of Capital
Improvements Program (Re -Issue)
Consultant ATKINS NORTH AMERICA, INC.
Consultant Office Location 2001 NW 107th Avenue, Miami, Florida 33172
City Authorization Resolution Number (TBA)
This Agreement made this day of in the year 2013 ("Agreement") by
and between the City of Miami, Florida, a Florida municipal corporation, hereinafter called the
"City," and (Consultant's Name), hereinafter called the "Consultant."
RECITAL
A. The City issued a Request for Qualifications ("RFQ") No. 12-13-016 on February
1, 2013, for the provision of Program Management Services for the Office of Capital
Improvements Program ("Program or Services") ("Project") and Consultant's proposal
("Proposal"), in response thereto, was selected as one of the most qualified for the provision of
said Services. The RFQ 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.
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 the 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:
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 DEFINITIONS
1.01 Attachments mean the Attachments to this Agreement which are expressly incorporated
by reference and made a part of this Agreement as if set forth in full.
1.02 Base Fee means the amount of compensation mutually agreed upon for the completion of
Basic Services.
1.03 Basic Services means those services designated as such in a Work Order.
1.04 Capital Program Support Services or CPSS means Services provided by the Consultant
including, without limitation, all administrative, technical, and management activities associated
with supporting the City as determined by the Director in the execution and implementation of
the City's Capital Program.
1.05 City Manager means the duly appointed chief administrative officer of the City of Miami.
1.06 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the
public agency which is a party hereto and for which this Agreement is to be performed. In all
respects hereunder, City's performance is pursuant to 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 City's authority as a
governmental body and shall not be attributable in any manner to 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.
1.07 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the
Department of Risk Management.
1.08 Commission means the legislative body of the City of Miami.
1.09 Community Business Enterprise ("CBE") means a business that has registered with the
relevant Miami -Dade County agencies to compete for County consulting contracts and has
declared, by registration for statistical purposes, to be a CBE
1.10 Consultant means the individual, partnership, corporation, association, joint venture, or
any combination thereof, of properly registered professional architects, or engineers, which has
entered into the Agreement to provide professional services to the City.
1.11 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.
1.12 Director means the Director of the City Department designated herein who has the
authority and responsibility for managing the specific project or projects covered under this
Agreement. Unless otherwise specified herein or in a Work Order, for the purpose of this
Agreement, the Director is the top administrator of the Capital Improvements Program or
designee.
1.13 Errors means items in the plans, specification or other documents prepared by the
Consultant that are shown incorrectly, which results in a change to the Services and results in
the need for the construction contractor to perform rework or additional work or which causes a
delay to the completion of construction.
1.14 Errors and Omissions means design deficiencies in the plans, specification or other
documents prepared by the Consultant, which must be corrected in order for the project to
function or be built as intended.
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PROFESSIONAL SERVICES AGREEMENT
1.15 Horizontal Projects means Capital Projects that generally consist of new construction,
repair and/or reconstruction of roadways, rights -of -way and streetscape improvements (roads,
sidewalks and swale areas) including, without limitation, street grading, pavement milling,
paving, curb and gutter installation, striping, sidewalks, pavers, irrigation systems, lighting and
landscaping, hardscaping and waterway improvements and maintenance, and underground
storm and/or sanitary sewer systems and components such as pump stations, force mains,
injection wells and disposal outfalls.
1.16 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.
1.17 Key Personnel means Staff positions assigned on a full time basis to the Program by the
Program Coordinator with the Director's approval, to serve as an extension of the City's staff
typically working inside the City's Miami Riverside Center (MRC) or other requested City facility.
1.18
1.19 Notice to Proceed means 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 Consultant may begin work on the Project. No
work may be commenced until a Notice to Proceed is issued . The City will not be liable for any
cost or fee relative to the Work if a Notice to Proceed has not been issued.
1.20 Omissions means items the plans, specifications, or other documents prepared by the
Consultant that are not shown or included which are necessary for the proper and/or safe
operation of the Project or required to meet the Scope of Services.
1.21 Primary Services means those Services considered by City to be fundamental to the successful
management of the Program as stated in the RFQ, and in Attachment A of 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. In this instance such professional services are as defined in § 287. 055, Florida.
Statutes. as amended ("CCNA").
1.23 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, consisting of
expenditures and purchases of capital goods and equipment.
1.24 Project means the construction, alteration and/or repair, and all services and incidentals
thereto, of a City facility as contemplated and budgeted by the City. The Project shall be further
defined in the Scope of Services and/or Work Order issued pursuant to this Agreement.
1.25 Project Manager means an employee or representative of the City assigned by the
Director to manage and monitor the Services to be performed under this Agreement and the
construction of a project as a direct representative of the City.
1.26 Resolution means the document constituting the official approval of the City Commission
as required for the City Manager to execute this Agreement , increase the Project Budget,
among other matters.
1.27 Risk Administrator means the City's Risk Management Administrator also referred to as
the Risk Management Director, or designee, or the individual named by the City Manager to
administer matters relating to insurance and risk of loss for the City.
1.28 Scope of Services or Services means a comprehensive description of the activities,
tasks, design features, objectives, deliverables and milestones required for the completion of
Project or an assignment with sufficient detail to allow a reasonably accurate estimation of
resources necessary for its completion.
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PROFESSIONAL SERVICES AGREEMENT
1.29 Specialty Services means those Services which may not be directly tied to the overall
management of the Capital Improvements Program but to some unique, critical, and/or possibly
large scale, element of the Capital Improvements Program, that requires expertise that is
unavailable from within the City's personnel resources.
1.30 Sub Consultant means a person or organization of properly registered professional
architects, engineers, landscape architect, registered surveyor or mapper, and/or other
professional specialty that has entered into a written agreement with the Consultant to furnish
specified professional services for a Project or task.
1.31 Vertical Projects means capital Projects that generally consist of new construction, repair,
renovation, and/or expansion of park and recreational facilities, community and day care
centers, administrative offices and facilities, fire stations and support facilities, police facilities,
stadiums, exhibition center(s), other performance venues, marinas, or any other Projects
identified by the Director.
1.32 Wage Rates means the effective direct expense to Consultant and/or Sub Consultant, on
an hourly rate basis, for employees in the specified professions and job categories assigned to
provide services under this Agreement that justify and form the basis for professional fees
regardless of actual manner of compensation.
1.33 Work means all services, materials and equipment provided by/or under this Agreement
with the Consultant.
1.32 Work Order means a document internal to the City authorizing the performance of specific
professional services for a defined Project or Projects.
1.33 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.
ARTICLE 2 GENERAL CONDITIONS
2.01 TERM
The term of this Agreement shall be for two (2) years commencing on the effective date hereof. The City,
by action of the City Manager or City Commission, shall have the option to extend the term for two (2)
additional periods of one (1) year each, subject to continued satisfactory performance as determined by
the Director, and to the availability and appropriation of funds. City Commission authorization of this
Agreement includes delegation of authority to the City Manager to administratively approve said
extensions provided that the compensation limits set forth in 2.03 are not exceeded.
During the term of this Agreement the Consultant is precluded from entering into any other contracts or
agreements with the City to provide Services related to or contained in the Capital Improvements
Program. Where the Consultant has existing contracts or agreements the Consultant shall be precluded
from providing Program Management Services for such contracts or agreements.
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 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
Consultant agrees to provide the Services as specifically described and set forth in Attachment "A"
hereto, which by this reference is incorporated into and made a part of this Agreement.
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PROFESSIONAL SERVICES AGREEMENT
2.02.1 COMMUNITY BUSINESS ENTERPRISE ("CBE") PARTICIPATION
REQUIREMENTS ORDINANCE 13331, codified as § 18-87(p), City Code.
Prospective Firms must 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 Community Business Enterprise ("CBE");
2) Place a specific emphasis on utilizing local small businesses from within the City's
municipal boundaries.
2.03 COMPENSATION
2.03.1 Compensation Limits
The amount of compensation payable by the City to the Consultant shall be a lump sum or not to exceed
fee, based on the rates and schedules established in Attachment B hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of compensation
exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) in total over the term of the
Agreement and any extension(s), unless explicitly approved by prior action of the City Commission and
put into effect by written amendment to this Agreement executed by the parties . The City may, at its sole
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.
2.03.2 Payments
Unless otherwise specifically provided in Attachment B, payment shall be made in accordance with
Florida Statutes Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of
Consultant's proper invoice, as defined by this Act, which shall be accompanied by sufficient
supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should
City require one to be performed. If Consultant is entitled to reimbursement of travel expenses, then
all bills for travel expenses shall be submitted in accordance with the provisions and subject to the
limitations of Section 112.061, Florida Statutes. Consultantshall utilize Attachment "C" for the
submission of proper 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 or contractual relationship of any kind between the City and said
other person or firm.
3.02 REMOVAL OF UNSATISFACTORY PERSONNEL
Director or designee may make written request to Consultant for the prompt removal and replacement of
any personnel employed or retained by the Consultant, or any Sub Consultants or subcontractors, or any
personnel of any such Sub Consultants or Sub Contractors engaged by the Consultant to provide and
perform Services pursuant to the requirements of this Agreement. The Consultant shall respond to 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 Consultant. Such request shall solely relate to said employees work under this Agreement.
3.03 CONSULTANT KEY STAFF/PERSONNEL
The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of
particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key
Staff/Personnel". Consultant shall ensure that Key Staff/Personnel are available for Services hereunder
as long as said Key Staff/Personnel is in Consultant's employ. Consultant will obtain prior written
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acceptance of Director or designee to change Key Staff/Personnel. Consultant shall provide Director, or
designee with such information as necessary to determine the suitability of proposed new Key
Staff/Personnel. Director will act reasonably in evaluating Key Staff/Personnel qualifications. Such
acceptance shall not constitute any responsibility or liability for the individuals ability to perform.
3.04 TIME FOR PERFORMANCE
The Consultant agrees to start all Services hereunder upon receipt of a Notice to Proceed issued by the
Director and to complete each assignment, task or phase within the time stipulated in the Notice to
Proceed. Time is of the essence with respect to performance of 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 extra compensation.
3.05 STANDARD OF CARE
Consultant is solely responsible for the technical accuracy and quality of its Services. Consultant shall
perform all Services in compliance with applicable provisions of the Florida Administrative Code including,
without limitation, Rule 61G15-19.001(4) and Chapter 471.,entitled "Engineering, Chapter 472, entitled
"Land Surveying and Mapping", Chapter 481, entitled "Architecture", etc. 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 design,
drawings, specification, and other Services furnished by the Consultant under this Agreement.
Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or
deficiencies in its designs, drawings, specification or other Services. 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 designs, drawings, specification or other Services.
ARTICLE 4 SUB CONSULTANTS
4.01 GENERAL
4.01-1 A Sub consultant, as defined in Section 1.30, is a firm that was identified as part of the
consulting team in the competitive selection process by which Consultant was chosen to perform the
services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto
and incorporated by reference.
4.01-2 A Specialty Sub consultant 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 the Project or task. Such Specialty Sub consultant shall be in
addition to those identified in Schedule Al.
4.02 SUB CONSULTANT RELATIONSHIPS
4.02-1 All Services provided by the Sub consultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Sub consultants, 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 Sub consultants. The Consultant acknowledges that Sub consultants are
entirely under its direction, control, supervision, retention and/or discharge.
4.03 CHANGES TO SUB CONSULTANTS
The Consultant shall not add, modify, or change any Sub consultant listed in Schedule Al without prior
written approval by the Director or designee, in response to a written request from the Consultant stating
the reasons for any proposed substitution.
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ARTICLE 5 DEFAULT
5.01 GENERAL
If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its
obligations hereunder, then 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
Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by
the City to Consultant while Consultant was in default shall be immediately returned to the City.
Consultant understands and agrees that termination of this Agreement under this section shall not
release 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, 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, City may also suspend or withhold reimbursements from
Consultant until such time as the actions giving riseto default have been cured.
5.02 CONDITIONS OF DEFAULT
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
5.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required.
5.02-2 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 Consultant fails to commence the Services within the time provided or contemplated herein,
or fails to complete the Services in a timely manner as required by this Agreement.
5.02-4 Consultant is placed on the debarred vendors list pursuant to Section 287.133, Florida
Statutes, as amended, or is otherwise debarred by any Florida public agency.
5.03 TIME TO CURE DEFAULT; FORCE MAJEURE
City through the Director or designee shall provide written notice to Consultant as to a finding of default,
and Consultant shall take all necessary action to cure said default within time stipulated in said notice,
after which time the City may terminate the Agreement. The City at its sole discretion, may allow
additional days to perform any required cure if Consultant provides written justification deemed
reasonably sufficient.
Should any such failure on the part of 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 Director, has the right to terminate this Agreement for convenience„ for any
reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts,
sketches, studies, drawings, and other documents, including all electronic copies related to Services
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, provided that said
documentation is turned over to Director within ten (10) business days of termination. Failure to timely
deliver the documentation shall be cause to withhold any payments due without recourse by Consultant
until all documentation is delivered to the Director or designee.
6.01-1 Consultant shall have no recourse or remedy from a termination made by the City under
this Article except to receive & retain the fees earned prior to the effective date of termination of this
Agreement, as compensation constituting payment in full for the Services that was performed in
complete compliance with this 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.
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6.02 CONSULTANT'S RIGHT TO TERMINATE
The Consultant shall have the right to terminate this Agreement, in writing, following breach by the City, if
breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a
written statement from Consultant specifying its breach of its duties under this Agreement.
6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT
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 this Agreement
without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
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 there
from, 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
Consultant or termination of this Agreement without restriction or limitation on their use, and will be made
available, on request, to City at any time during the performance of such services and/or upon completion
or termination of this Agreement. Consultant shall not copyright any material and products or patent any
invention developed under this Agreement. The City shall have the right to visit the site for inspection of
the work and the products of 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 of the Consultant to promptly deliver all such documents, both hard copy and digital, to the
Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City,
shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers
all such documents. 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 Services will include the
provision for the re -use of plans and specifications, including construction drawings, at the City's sole
option, and by virtue of signing this Agreement 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 NONDISCLOSURE
To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third
person, firm or organization, without Director or designee's prior written consent, or unless incident to the
proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative
proceedings where such information has been properly subpoenaed, any non-public information
concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its
employees, agents, Sub Consultants and subcontractors to comply with the provisions of this paragraph.
7.05 MAINTENANCE OF RECORDS
Consultant will keep adequate records and supporting documentation, which concern or reflect its
services hereunder. Records subject to the provisions of Public Record Law, Florida Statutes Chapter
119, shall be kept in accordance with statute. Otherwise, the records and documentation will be retained
by Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date
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the Project is completed, whichever is later. City, or any duly authorized agents or representatives of
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.
ARTICLE 8 INDEMNIFICATION
The Consultant shall indemnify, defend, save and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "liabilities") arising out of or resulting from or in connection
with (i) the performance or non-performance of the duties, responsibilities, standards, services,
supplies, materials and equipment contemplated by this Agreement which is directly or indirectly
caused, in whole or in part, by any act, omission, default, professional errors or omissions, or
negligence (whether active or passive) of CONSULTANT or its employees, agents or sub
consultants (collectively referred to as "Indemnifying Parties ""), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default, breach, or negligence (whether active or passive) of the Indemnifying Parties or
Indemnitees, or any of them, or (ii) the failures of the CONSULTANT to comply with any of the
provisions herein; or (iii) the failure of the CONSULTANT , or the Indemnitees, if applicable, to
conform to statutes, ordinances, rules,. or other regulations or requirements of any federal, state,
county, or city governmental authority or agency , special district or state school, in connection
with the granting , approving or performance of this Agreement, or any Amendment to this
Agreement, or any actions or challenges that may arise out of this Agreement, as amended, by,
as due to alleged failure to comply with any applicable procurement requirements or similar
limitations imposed on such agreements by law, CONSULTANT expressly agrees to indemnify
and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be
asserted by an employee or former employee of CONSULTANT or any of its subcontractors, as
provided above, for which the CONSULTANT 's liability to such employee or former employee
would otherwise be limited to payments under state Worker's Compensation or similar laws. This
section shall be interpreted and construed in a manner to comply with any applicable Florida
Statutes, including, without limitation, Sections. 725.06 and 725.08, F.S., if applicable.
Severability shall apply to each sentence of this section. This Indemnification shall survive the
cancellation or expiration of the Agreement.
The Consultant shall require all Sub Consultant agreements to include a provision that they will
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.
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ARTICLE 9 INSURANCE
The Consultant shall not start Services under this Agreement until the Consultant has obtained all
insurance required hereunder and the City's Risk Manager 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(X), as per A.M. Best Company's Key Rating Guide, latest edition.
9.02 VERIFICATION OF INSURANCE COVERAGE
The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval
prior to the execution of this Agreement. The Certificates 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. Consultant shall maintain coverage with
equal or better rating as identified herein for the term of this contract. 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 30 days of the change. Consultant shall furnish a copy of the
insurance policy or policies upon request of the Risk Administrator.
Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator
within ten (10) 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 with limits of at least $1,000,000
per occurrence, $2,000,000 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 favorite 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 (30) days/ (10) 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 minimal combined single limit of $1,000,000 naming the City as an
additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10)
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 $1,000,000 per claim, $1,000,000 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 one year after completion of the
construction and acceptance of any project covered by this Agreement. Retroactive date is required
on this policy.
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 each
occurrence. Waiver of Subrogation applies in favorite of the certificate holder.
SUB CONSULTANT COMPLIANCE
Consultant shall ensure that all Sub consultants comply with these same insurance requirements,
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9.04 MODIFICATIONS TO COVERAGE
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other insurance
obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10.06
herein. 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 City accompanied by
justification.
ARTICLE 10 MISCELLANEOUS
10.01 AUDIT RIGHTS
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 Audit and Inspection provisions of 18-100 through 18-102, City of Miami City Code, as
amended apply to this Agreement and are deemed as being incorporated by reference herein.
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 any other breach of any provision of this Agreement.
10.03 SUCCESSORS AND ASSIGNS
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, 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 transference without City Commission approval
shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such
cancellation. 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 the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such 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 certifies that wage rates and other factual unit costs
supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. 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 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 Consultant's duties to indemnify the City under ARTICLE 8 where
Consultant shall pay the City's reasonable attorney's fees.
10.06 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended at
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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:
Mark Spanioli, P.E., Director
City of Miami
Capital Improvements Program (CIP)
444 S.W. 2nd Ave., - 8th FI
Miami, Florida 33130
With a copy to:
Jeovanny Rodriguez, P.E., Assistant Director
Capital Improvements Program (CIP)
444 S.W. 2nd Ave., - 8th FI
Miami, Florida 33130
For Consultant:
Diego Clavijo, PMP, PSP Program Coordinator
Atkins North America, Inc.
2001 NW 107th Avenue, Miami, Florida 33172
Tel: 305-514-3579
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
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
particular 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 of the subsections of such Section, unless the reference is made to a
particular 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 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. The Consultant
agrees to include such similar contract provisions with all Sub consultants and/or independent contractors
and/or Consultants retained for the project(s), thereby providing for non -binding mediation as the primary
mechanism for dispute resolution.
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.
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10.11 TIME
Time is of the essence in this Agreement.
10.12 COMPLIANCE WITH LAWS
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
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 Consultant's performance under this Agreement on
account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant
further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
10.12.2 OSHA COMPLIANCE
The Consultant warrants that it will comply with all safety precautions as required by federal, state or
local laws, rules, regulations and ordinances. The City reserves the right to refuse Consultant access
to City property, including project jobsites, if Consultant 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 Consultant.
10.12.3 ADA COMPLIANCE
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
& 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 —insure
nondiscrimination in employment of disabled persons.
10.13 NO PARTNERSHIP
Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or
other business enterprise between the parties. The Consultant has no authority to bind the City to any
promise, debt, default, 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 and/or the Director's authorized
designee.
10.15 RESOLUTION OF CONTRACT DISPUTES
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 Assistant Director and/or the Director's
authorized designee, as identified in Article 10.06, Notices. Upon receipt of said notification the Assistant
Director and/or the Director's authorized designee shall review the issues relative to the dispute and issue
a written finding.
Should the Consultant and the Assistant Director and/or Director's authorized designee fail to resolve the
dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the
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Consultant. Upon receipt of said notification the Director shall review the issues relative to the dispute
and issue a written finding.
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 Consultant being entitled
to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed
$500,000, the City Manager's decision shall be approved or disapproved by the City Commission.
Consultant shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if
applicable, or
(ii) a period of sixty (60) 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) days has
expired where City Manager's decision is subject to City Commission approval; or
(iii) 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
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, 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. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Consultant, and
agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering
services to the City under this Agreement.
10.17 CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days notice.
10.18 THIRD PARTY BENEFICIARY
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
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is
understood and agreed that the General and Special Conditions in this solicitation are the only conditions
applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the
bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or
other Agreement is provided by the City and included in this solicitation no additional terms or conditions
which materially or substantially vary, modify or alter the terms or conditions of the 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 Professional Services Agreement
("PSA") or other Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST Atkins North America, Inc.
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
Consultant Secretary
(Affirm Consultant Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director Julie O. Bru, City Attorney
Risk Management Department
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CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation 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 corporation to execute agreements on behalf of the
corporation and providing that his/her 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 WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
Print:
NOTARIZATION
STATE OF )
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally
known to me or who has produced as identification and who
(did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT A - SCOPE OF WORK
ARTICLE Al GENERAL
Under the direction of the Director or designee, Consultant is to assist in the programmatic management
and administration of the Capital Improvements Program of the City, consisting of, but not limited to,
planned capital and transportation improvements, construction Projects, and the purchase of capital
goods and equipment. Additionally, the Consultant will assist in management oversight of the production,
the planning, design and the construction of all vertical and horizontal construction Projects.
It is the intent and purpose of the City that Consultant shall provide the Services hereunder as an
extension of CIP's resources by providing qualified administrative, technical and professional personnel to
perform the duties and responsibilities assigned under the terms of this Agreement. The Consultant shall
minimize reliance on CIP's resources for assignments and activities provided under the Agreement, as
may be authorized by the Director or designee.
Consultant shall use its best effort at all times to cause the Services to be performed in the most
expeditious and cost effective manner consistent with the interests of the City.
A1.01 RANGE OF SERVICES
A1.01-1 Consultant may be required to perform all or some of the Services presented in this
Agreement, depending on the needs of the City. The Consultant shall furnish the Services
specifically authorized by this Agreement, which Services may encompass one or more professional
disciplines in addition to those held by the Consultant.
A1.01-2 CPSS may include, but are not limited to, research and preparation of reports, studies,
coordination with community organizations, project management, production management,
construction administration, cost estimating, assistance with in house design projects, value
engineering, scheduling, GIS production/management, utility coordination, document control and
records management, database management, administrative, grant applications, and financial
program management for the City's Capital Improvements Program. The Services may further
include but are not limited to planning, programming, field investigations, observations, feasibility
studies, alternative analysis studies, permitting and other activities that may be required to complete
approved Work Orders.
A1.01-3 Consultant will not be responsible to assist with the purchase of capital goods and/or
equipment, but shall assist with the fiscal monitoring of those capital Projects and including them in
the annual Capital Improvements and Transportation Programs.
A1.01-4 The City, at its option, may elect to expand, reduce or delete the extent of Work elements
described in the Scope of Services, provided such action does not alter the intent of the Agreement.
The Director or designee will request Consultant Services on an as -needed basis. There is no
guarantee that any or all of the Services described in this Agreement will be assigned during the term
of this Agreement.
A1.02 COOPERATIVE WORK
The Consultant will be responsible to Work in cooperation with CIP, City administration, officials of the
City, client departments and agencies, community and other stakeholders, with consulting engineers
and/or architects, and contractors to administer the planning, design and construction of Capital
Improvements and Transportation Programs Projects, and as well as overall Program Management.
A1.03 NON-EXCLUSIVE RIGHT
It is understood that any Work Order and Notice to Proceed will be issued under this Agreement at the
sole discretion of the Director or designee and that the Consultant has no expectation, entitlement, right
to or privilege to receive a Work Order or Notice to Proceed for any Project or Work. The City reserves at
all times the right to perform any and all Services in-house, or with other private professional consultants,
architects or engineers consistent with applicable law, including Section 287.055, Florida Statutes,
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PROFESSIONAL SERVICES AGREEMENT
(Consultants' Competitive Negotiation Act), if required, or to discontinue or withdraw any or all Projects or
Work or to exercise every other choice allowed by law.
This Agreement does not confer on the Consultant any particular, exclusive or special rights to any Work
required by the City.
A1.04 PAYMENTS
The City will pay the Consultant in accordance with provisions and limitations of Attachment B. 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, Notice to Proceed and
/or Purchase Order.
ARTICLE A2 OVERVIEW OF CAPITAL PROGRAM SUPPORT SERVICES
A2.01 PRIMARY SERVICES
Where Director or designee, in his/her sole discretion, identifies the need for Services, Consultant shall
provide a Work Order Proposal for the performance of said Services. The Services may include, but are
not necessarily limited to the following:
• Overall assistance with Administrative Program Management Services for the Capital
Improvements Program
• Production Management: Assistance with Programmatic management of capital Project Production,
that is, the feasibility and other pre -design studies, financial and other analyses, scheduling, planning,
review of construction and/or design delivery method, design, engineering.
• Assistance with Construction Program for Projects undergoing construction, activities may
include, without limitation, monitoring the overall construction schedule of the capital improvement
program, coordinating schedules among Projects, estimating, work order development, assisting with
community outreach, and providing regular construction -associated reports.
The award and execution of a Work Order or Notice to Proceed for said Services shall be solely at the
City's discretion and submittal of a proposal is no guarantee or assurance that the Consultant will be
authorized to perform the Work
Compensation for any Services shall be separately negotiated and may be lump sum, hourly rate -based
or other method as deemed appropriate by the parties.
A2.02 SPECIALTY SERVICES
Where Director or designee, in his/her sole discretion, identifies the need for Services related to a unique,
and possibly large scale element, activity, sub -program or Project within the Program and such Services
are unavailable from within the City's personnel resources, hereinafter Specialty Services, Consultant
shall provide a Work Order Proposal for the performance of said Services. Said proposal shall identify, in
such detail as deemed appropriate by the Director or designee, the nature of the proposed Services, the
extent of manpower and other resources required for such Specialty Services, and the individual(s),
firm(s) and/or team that has qualifications and expertise in the field of the subject endeavor. The
assignment of Work as Specialty Services shall be made solely at the discretion of the Director, and will
be accomplished by a Work Order issued pursuant to this Agreement.
The award and execution of a Work Order or Notice to Proceed for said Specialty Services shall be solely
at the City's discretion and submittal of a proposal is no guarantee or assurance that the Consultant will
be authorized to perform the Work as Specialty Services
Compensation for any Specialty Services shall be separately negotiated and may be lump sum, hourly
rate -based or other method as deemed appropriate by the parties.
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PROFESSIONAL SERVICES AGREEMENT
ARTICLE A3 PRIMARY SERVICES
Those Services considered by the City to be fundamental to the successful management of the overall
Capital Improvements Program shall be considered Primary Services and shall consist, generally of the
following areas.
A3.01 ADMINISTRATIVE PROGRAM MANAGEMENT
The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in
his/her sole discretion, identifies the need, in the comprehensive coordination, development, and
management, including, but not limited to, the following Services and/or activities:
A3.01-1 Program Implementation Strategies: research and recommend the most effective
methods to implement all aspects of the overall Program.
A3.01-2 Program Coordination: Coordination and schedule management for Project design,
procurement, contract negotiation and contract administration activities.
A3.01-3 Program Logistics: Develop comprehensive Program Work plans, schedules and
budgets. Manage CIP's "letting" plan for Projects, including the updating, revision, conflicts, deviation,
and analyses to determine the impact of potential changes to the "letting" plan.
A3.01-4 Facility Assessment: Conduct an assessment of all City owned facilities to develop a
plan for correcting deficiencies and a deferred maintenance program.
A3.01-5 Information Systems: Provide guidance in the implementation of an in-house database
information system.
A3.01-6 Fiscal Management Assistance: Develop financial projections, monitor and track
Program funds, financing and cash flows and aid in the processing of grant applications. Assist with
the development of program and financial data for potential financing options, including investment
bonds, which may be utilized to implement the Program.
A3.01-7 Reporting: Furnish regular progress and status reports on the Program at intervals
determined by the Director or as significant issues become known to the Consultant.
A3.01-8 Staffing: Maintain staffing efficiencies within the Consultant's Team.
A3.01-9 Procedure & Process Improvements: Development of procedures and procedure
manuals for various Program activities and processes. Develop or assist with the development of
standard documents and/or forms.
A3.01-10 Document Control & Records Management: Development of a document
management system for the Program; maintain documentation and correspondence relating to the
Program that is accessible and will be owned by the City.
A3.01-11 Annual Capital Plan: Preparation of the annual Capital and Transportation Improvement
Plan.
A3.01.12 Inter -Agency Coordination: Overall coordination of the City's Program with other
governmental agencies, such as the Florida Department of Transportation (FDOT), Miami -Dade
County Public Works and Water and Sewer Departments, utility companies, regulatory agencies and
with private developers.
A3.01-13 ADA Compliance: Provide regular and systematic reviews of all projects, during critical
phases of project implementation (planning, design and construction) to assist in compliance with the
Americans with Disabilities Act.
A3.01-14 Prepare official minutes of meetings for the Director or designee's approval and
dissemination.
Capital Program Support Services -Re -Issue Page 22 RFQ 12-13-016 22
PROFESSIONAL SERVICES AGREEMENT
A3.02 PRODUCTION MANAGEMENT SERVICES
The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in
his/her sole discretion, identifies the need, in the following Services and/or activities:
A3.02-1 General Project Administration and Fiscal Activities
A3.02-1(a) Cost Control: Provide value engineering throughout Project life cycles as requested,
and verify constructability of plans & specifications.
A3.02-1(b) Financial: Prepare monthly cash draw projections, monitor monthly Project expenditures.
Review, monitor and advise the City regarding the disposition of contractors and/or consultants
payment requisitions. Assist with timely submission of payment requisitions to meet cash flow
commitments. Monitor Project funding, and prepare financial projections as required.
A3.02-1(c) Reporting: Provide progress reports and status information on assigned Project(s) to
City designees at frequencies identified by Director or designee.
A3.02-1(d) Communication & Outreach: At the direction of the Director or designee attend and
address meetings with City officials, neighborhood groups, and private citizens concerning Projects,
respond to questions and concerns about the Project at City Commission meetings, assist the City
with public information, notifications and public meetings required in relation to assigned design
construction projects.
A3.02-1(e) Information Management, Document Control: Maintain files of all documentation and
correspondence relating to the Program and specific Projects in an orderly system which will be
submitted to the City upon completion of the Project and/or Program.
A3.02-1(f) Legal & Other Services: Should legal issues arise relating to a Project, provide records,
depositions and testimony about affected Projects. Provide consulting Services on other matters
relating to the Projects and/or Program.
A3.02-2 Design & Production Activities
The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in
his/her sole discretion, identifies the need, in the following Services and/or activities:
A3.02-2(a)
A3.02-2(b) Project Scoping: Devise and/or confirm detailed Project scopes with staff and client
departments commensurate with funding. Verify the accuracy of Architect's/engineer's budget and
design estimates against cash flow commitments. Consultant shall consider prioritization and design
alternates as contingency measures to verify that cash flow commitments are achieved.
A3.02-2(c) Schedules & Budgets: Develop Work plans, schedules and budgets for the overall
Program and for assigned Projects. Coordinate the design, preparation of construction documents,
procurement/bidding and establishment of construction schedules with City staff.
A3.o2-2(d) Reviews: Provide design and constructability reviews of plans and specifications at
progress intervals. Such reviews shall not relieve the designer of record of liability associated with
any errors or omissions in the plans and specifications, the responsibility of which shall remain solely
with the designer of record.
A3.02-2(e) ADA Compliance: Review compliance with handicapped accessibility requirements and
maintain documentation/justification when full compliance cannot be achieved. Such review shall not
relieve the designer of record of liability associated with any errors or omissions in the plans and
specifications, the responsibility of which shall remain solely with the designer of record.
A3.02-2(f) Permits & Approvals: Facilitate and/or assist the City in obtaining all Federal, State and
local permits or approvals (from agencies such as Miami -Dade Water and Sewer, DERM,
Environmental, and Department of Health), etc. Review such permits for consistency with City
approved plans and for special requirements or conditions, if any. It is the responsibility of the
designer of record to file for and obtain all permits.
Capital Program Support Services -Re -Issue Page 23 RFQ 12-13-016 23
PROFESSIONAL SERVICES AGREEMENT
A3.02-2(g) Utility Coordination: Facilitate comprehensive utility coordination to assist with conflict
resolution and coordination among City, designers of record, and various utility capital plans and
owners.
A3.02-2(h) Design Criteria Standards: Development and revision of existing design criteria,
standard and directive drawings, and construction specifications, design drawing standards, CADD
and other similar standards and criteria to ensure best business practices are utilized.
A3.02-2(i) Public Outreach: Assist in coordinating and hosting of periodic meetings at frequencies
determined by the Director or designee, to promote best practices by City and industry.
A3.02-3 Bids and Contracts
A3.02-3(a) Review appropriateness of architectural and engineering consultant and contractor fee
proposals with CIP personnel as appropriate.
A3.02-3(b) Provide input and assist with the selection and evaluation of consultants, contractors, and
other service providers.
A3.02-3(c) Assist with preparation of award documents, grant applications, and assist with the
administration of grants.
A3.02-3(d) Manage and oversee the selection, monitoring and oversight of Job Order Contracts in
use by the City; assist in the preparation, evaluation and award of new Job Order Contracts if
deemed necessary by Director.
A3.02-3(e) Assist in negotiations with architectural and engineering consultants and/or contractors
regarding price proposals and/or adjustments in time for performance of Services.
A3.02-3(f) Assist in the review and analysis of contractor claims as well as claims by the City
against contractors and consultants.
A3.03 CONSTRUCTION ADMINISTRATION
The City of Miami has contracted separately with various firms providing construction engineering and
observation (CEO) services. The Program Manager will assist the City, where/when Director or designee,
in his/her sole discretion, identifies the need, in the management of the CEO services, including the
following tasks:
A3.03-1 Provide administrative coordination between active construction projects in the same or
adjacent areas.
A3.03-2 Assist with the Job Order Contract ("JOC") Program administered by the City. A JOC
contract is an indefinite delivery, indefinite quantity contract pursuant to which the Contractor will
perform an ongoing series of individual Projects at different locations, often simultaneously, at various
City owned or controlled locations.
A3.03-3 Visit the jobsites periodically and as needed to monitor construction progress.
A3.03-4 Review and recommend approval of requests for change orders.
A3.03-5 Verify that Contractors have filed safety and affirmative action policies. However,
Program Manager shall not be responsible for jobsite safety or for contractor's failure to comply with
affirmative action and safety policies.
A3.03-6 Administer construction contracts.
A3.03-7 Devise and implement initiatives and proactively assist contractors in methods intended
to minimize potential disturbances to public during construction.
A3.03-8 Coordinate special inspections including major trades, as requested by the Director or
designee.
A3.03-9 Review, monitor and recommend approval of payment requisitions from the Contractor
and other Program Managers.
A3.03-10 Monitor monthly construction related expenditures by the City.
Capital Program Support Services -Re -Issue Page 24 RFQ 12-13-016 24
PROFESSIONAL SERVICES AGREEMENT
A3.03-11 Coordinate and assist in hosting of periodic meetings at frequencies determined by the
Director or Designee with contractors to promote best practices by City and industry.
ARTICLE A4 SPECIALTY SERVICES
The specific Scope of Services required as Specialty Services shall vary depending on nature of the
specific endeavor, and may encompass any or all of the tasks described under Primary Services. The
required Work shall be described in a Work Order Proposal that shall form the basis for a Work Order to
be approved by the Director or designee.
ARTICLE A5 STAFFING
The Director or designee has the right to approve and regulate the Consultant's workforce and approve
specific Consultant's employees. The Consultant will perform all Services described in this Scope of
Services , where/when Director or designee, in his/her sole discretion, identifies the need, for use of the
Key Personnel and/or Staff used for Specialty Services, as described below. The Director's input
regarding staff and Work assigned as Key Personnel and/or Staff for Specialty Services shall be duly
considered by Consultant in preparing any individual Work Order proposal and failure to adequately
address such concerns regarding staff assignments may be cause for Director's rejection of same.
All staff shall be duly qualified, trained and/or licensed to perform the Work assigned to them.
The Consultant shall designate a Program Coordinator to manage this Agreement who shall be located at
an office maintained by the Consultant. This Program Coordinator shall be responsible for all
administrative functions associated with the Agreement. This individual and any other employee's of the
Consultant performing administrative functions, which are not located at the MRC, shall be part of the
Consultant's overhead and not direct billable charges under this Agreement. The Program Coordinator
shall be eligible for billable charge when performing specific, technical functions when so requested by
the Director or designee.
A5.01 PROGRAM STAFF
A portion of the Primary Services shall be performed by Consultant's staff assigned on a full-time basis
and housed at the Miami Riverside Center building. Such personnel shall be considered Key Staff and
billed to the City on a monthly lump sum basis.
Any modification in the Scope of Work assigned to the Key Personnel should trigger a corresponding
modification in the Lump Sum Compensation, as provided in Article B3.01-2.
Upon award of an Agreement the Director or designee shall issue a Work Order covering the initial Key
Personnel, which shall reflect the monthly levels of compensation and Services and a separate Work
Order covering those individuals assigned to perform what would be considered Specialty Services,
which shall reflect the methods and levels of compensation.
A5.02 STAFFING FOR SPECIALTY SERVICES
The Work assignments performed by these staff will be requested in writing by the Director or designee
for individual or short term tasks, or for long-term and continuing service tasks, associated with any
element of the Scope of Services. The level of effort anticipated for these staff members and their
assignments will be analyzed by the Director or his/her designee on an as needed basis and the progress
will be measured through the Monthly Progress Report to accompany the monthly invoicing.
Staff shall be assigned via Work Order to a given scope of Services. Individual Work Orders shall depict
staff and/or activities as being offered on a lump sum, performance basis or hourly -rate, limiting amount
basis.
A5.03 STAFFING CHANGES
If additional staff is warranted in the opinion of the Consultant due to workload issues, a written request
will be made by Consultant to the Director or designee whose written approval is required as described
below.
A5.03-1 Changes due to Absence or Termination: If there are changes in the staff depicted in
an authorized Work Order, particularly with Key Personnel, due to voluntary or involuntary
termination, that position will be replaced within five (5) business days of the date of separation, or as
Capital Program Support Services -Re -Issue Page 25 RFQ 12-13-016 25
PROFESSIONAL SERVICES AGREEMENT
requested by the Director or designee Should an individual staff, particularly within the Key
Personnel, be absent for more than 15 consecutive business days due to vacation, illness or other
matter, Consultant shall provide a qualified replacement that is acceptable to the Director or designee
Director or designee, in Director's sole discretion, may additionally request qualified replacement
staff due to absences of less than 15 business days if warranted by the nature of the Work handled
by that staff. The Director or designee may request one or more resumes for any personnel to be
assigned and may also request to interview the proposed personnel and select the most qualified
person (s), in the City's sole opinion. Selection of such a person to work on the Program does not
change the Consultant's sole responsibility and liability for the performance and actions of said
person. Such changes shall be noted and approved in writing.
A5.03-2 Changes due to Work Requirements: Director or designee's approval shall be in
writing for additional or replacement Program Staff not included in the Proposal/Work Order estimated
to work in excess of 20 hours per month in total. Consultant shall provide a written proposal to
Director detailing anticipated man-hour and related requirements for the task or activity to be
assigned to additional Key Personnel or any Staff assigned for Specialty Services. The Director or
designee may request one or more resume for any personnel to be assigned and may also request to
interview the proposed personnel and select the most qualified person, in the City's sole opinion.
Selection of such a person to work on the Program does not change the Consultant's sole
responsibility and liability for the performance and actions of said person.
ARTICLE A6 ASSIGNMENT OF WORK
It is the intent and purpose of the City that Consultant shall provide the Primary Services hereunder as an
extension of CIP's resources as may be authorized by the Director. It is envisioned that areas of
responsibilities and specified tasks will be assigned by the Director or designee.
A6.01-1 WORK ORDERS
When a specific task is above and beyond the scope of the initial Work Order assigned to Key Personnel/
Program Support Staff or Program Support Staff assigned to Specialty Services Work Order, the Director
or designee, will request a Work Order Proposal from the Consultant for said Services based on a
proposed Scope of Services provided by the Director or designee. The Consultant and Director or
designee, and others if appropriate, may have preliminary meetings, if warranted, to further define the
Scope of Work and to resolve any questions regarding the proposed Project. The Consultant shall then
prepare a written "Work Order Proposal" for the required Services generally following the guidelines
provided by CIP, indicating the proposed Scope of Services, time of performance, proposed fees, Sub
consultants if warranted, deliverable items and/or documents, and timeframe to complete the Work. The
Work Order Proposal shall depict detailed staffing commitments for the proposed Services and the
method of compensation, either Lump Sum or Hourly Rate/Limiting Amount. The Consultant shall not be
compensated for the preparation or Work Order Proposals.
When consensus is reached, the Consultant shall prepare a revised and final Work Order Proposal which
will be attached and incorporated to the Work Order authorized by the Director or designee. Upon
acceptance of the Work Order Proposal a "Notice to Proceed" will be issued by the Director or designee.
No guarantee is made as to how many and the extent of Work Orders issued to the Consultant.
Capital Program Support Services -Re -Issue Page 26 RFQ 12-13-016 26
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE .1 CONSULTANT TEAM
The following table summarizes the roles for all members of the Consultant Team anticipated to work on
the Professional Capital Program Support Services Agreement for the City.
FIRM
MAJOR ROLE
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Fi W
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Atkins North America, Inc.
Capital Program Support Services
SPECIALTY SERVICES
Project Information Services
TRACS Database, Program Controls
Westhorp & Associates Inc.
(Certified CBE Firm)
Civil Engineering/interagency Coordination
Indigo Service Corporation
(Certified CBE Firm)
Facility Assessments, ADA Compliance and
Architecture
Curtis & Rogers Design Studio,
Inc. (Certified CBE Firm)
Landscape Architecture
MAGBE Consulting
Public Information Officer
Capital Program Support Services -Re -Issue Page 27 RFQ 12-13-016 27
PROFESSIONAL SERVICES AGREEMENT
SCHEDULE A2. - INITIAL KEY PROGRAM SUPPORT STAFF
NAME
JOB CLASSIFICATION
Pedro Beltran
JOC Program Manager
Kingsley Cornwell
Sr. Cost Estimator
Thais Chamon
Program Controls Manager
Monica Pause
CADD Technician
Capital Program Support Services -Re -Issue Page 28 RFQ 12-13-016 28
PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT B - COMPENSATION AND PAYMENTS
ARTICLE B1 METHOD OF COMPENSATION
The fees for Professional Services for the Project and 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 (See Section B3.01).
b) An Hourly Rate, as defined in Section B3.02 and at the rates set forth in Schedule B1.
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 Section
2.03.1 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 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
Consultant's own cost and expense.
ARTICLE B2 WAGE RATES
B2.01 FEE BASIS
All fees and compensation payable under this Agreement shall be formulated and based upon the
certified negotiated Wage Rates that have received and approved by the Director and/or Assistant
Director. The Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage
Rates are the effective direct hourly rates, as approved by the City, of Consultant and sub consultant
employees in the specified professions and job categories that are to be utilized to provide the services
under this Agreement, regardless of manner of compensation.
B2.02 EMPLOYEES AND JOB CLASSIFICATIONS
Schedule B1 identifies the professions, job categories and/or employees expected to be used during the
term of this Agreement. These may 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 Consultant employees at
particular Wage Rate levels.
B2.03 MULTIPLIER
For Work assigned under this Agreement, 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.
The field office multiplier will be utilized for full time staff assigned to the City of Miami and housed at a
City facility. Should the Consultant have an approved multiplier with the State of Florida or Miami Dade
County the City may elect to utilize of these multipliers should they be less than above stipulated rates.
Said multiplier is intended to cover Consultant employee benefits and 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. Failure to comply
with this section shall be cause for cancellation of this Agreement. The Consultant and all Sub
Consultants shall provide to the City current certified audit statements reflecting their overhead at the
request of the City.
Capital Program Support Services -Re -Issue Page 29 RFQ 12-13-016 29
B2.04 CALCULATION
Said Wage Rates are to be utilized by Consultant in calculating compensation payable for all Capital
Program Support Services Staff, 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 A2.
B2.05 EMPLOYEE BENEFITS AND OVERHEAD
Regardless of the method of compensation elected herein, compensation paid by City shall, via the
Multiplier, cover all 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 cancellation of this Agreement.
B2.06 ESCALATION
There shall be no wage escalation during the term of this contract.
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 mariner:
B3.01 LUMP SUM:
Compensation for a Scope of Work may be a Lump Sum, either a Fixed Fee or Not to Exceed Fee as
deemed appropriate by the City, to be mutually agreed upon in writing by the City and the Consultant and
stated in a Work Order.
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 or level of staffing, 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 shall be calculated by Consultant, utilizing the Wage Rates
established herein including multiplier, and reimbursable expenses as attached in Schedule B-2.
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 Schedule A2.
B3.02 HOURLY RATE FEES
B3.02-1 Hourly Rate Fees shall be those rates for Consultant and sub consultant 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. Consultant shall maintain timesheets for all individuals
compensated on an hourly basis. Said timesheets are to reflect the name and title of the individual,
work week, all Work performed during the work week, and the hours associated with each task
performed. Timesheets must account for the total number of authorized work hours in the work week.
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 s a Not to Exceed Fee for the Work to
be performed on an Hourly Rate Basis.
Capital Program Support Services -Re -Issue Page 30
RFQ 12-13-016
B3.02-3 Overtime:
For Staff, whose services are paid based on hours Work is performed Consultant shall provide written
justification for use of overtime in advance of occurring such overtime and, must obtain advance
written approval of the Director or designee. Failure to obtain prior written approval shall result in the
City denying any request for compensation for the incurred overtime. The Director may authorize the
use of overtime, subject to the following limitations that the overtime may only be used for Staff who is
performing identified Specialty Services and such Staff shall not be exempt employees as defined
under the Federal Fair Labor Standards Act. Further, overtime compensation shall not exceed one
and one half (1-1/2) times the employee's regular hourly rate, as provided in Schedule B1. The
regular repeated use of overtime is discouraged and may be denied by Director or designee.
B3.03 REIMBURSABLE EXPENSES
Any fees for authorized reimbursable expenses shah not include charges for 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.
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 SPECIALTY SERVICES
The Consultant may be authorized to perform Specialty Services for which additional compensation
and/or Reimbursable Expenses, as provided in this Agreement.
B3.04-1 Determination Of Fee
The compensation for such services will be one of the methods described herein: mutually agreed
upon Lump Sum or Hourly Rate with a Not to Exceed Limit.
B3.04-2 Procedure and Compliance
An independent and detailed Notice to Proceed, 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 Notice to Proceed 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 Consultant's Competitive Negotiation Act, and other applicable laws.
B3.04-3 Fee Limitations
For all Specialty Services to be provided by Sub Consultants, the Consultant shall not apply any
mark-up or multiplier. For all reimbursable services the Consultant will be reimbursed based on actual
costs.
B3.05 PAYMENT EXCLUSIONS
Consultant shall not be compensated by City for revisions and/or modifications to any Work product or
Services when such Work is due to errors or omissions of Consultant as determined by City. Consultant
shall not be compensated for preparing and processing work orders or for preparing and processing
invoices.
B3.06 FEES RESULTING FROM PROJECT SUSPENSION
If the Program or any portion thereof is suspended for the convenience of the City for more than three
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
Capital Program Support Services -Re -Issue Page 31 RFQ 12-13-016
having been suspended for more than three 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 the
prior month. For the Lump Sum portion of this Agreement, payments shall be made monthly in an
amount equal to 1/12`h the annual Lump Sum total compensation. Hourly Rate payments shall be made
on the basis of actual hours worked based on the Hourly Rate Fee, accompanied by a duly certified
invoice, giving names, classification, salary rate per hour (not to exceed the values depicted in Schedule
B-1), hours and associated tasks worked and total charge for all personnel directly engaged Services.
Recurring Reimbursement Expenses established at an annual lump sum as shown in Schedule B2 may
be invoiced monthly, and paid as noted above for the Lump Sum portion of the Agreement. Other, pre -
approved Variable Reimbursement Expenses are to be invoiced within 120 days of the Consultant's
expenditure thereof.
Sub Consultant's fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by
Consultant.
Consultant shall utilize the City standard Consultant Invoice Form available on the CIP website. Failure to
submit invoice(s) within 60 days following the provision of Services contained in such invoice may be
cause for a finding of default.
B4.02 MONTHLY PROGRESS REPORT
In addition to the invoice, the Consultant shall submit a Monthly Progress Report (Report) detailing the
Services provided and activities undertaken by Consultant's staff, inclusive of all Supplemental Staff. The
Report shall also provide details as to the status of all assignments, tasks, activities and deliverables and
associated hours as may be applicable. The Report shall also provide an anticipated date of completion
for each item included in the Report.
City shall reject any invoice not accompanied by a Monthly Progress report. The format and content of
the Monthly Progress Report shall be subject to the approval of the Director or designee.
B4.03 BILLING — HOURLY RATE
Invoices submitted by 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 Sub
Consultants 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.
ARTICLE B5 REIMBURSABLE EXPENSES:
B5.01 GENERAL
Any fees for authorized reimbursable expenses shall not include charges for Consultant's handling, office
rent or overhead expenses of any kind, including depreciation of equipment, professional dues,
subscriptions, etc., or employee's time or travel and subsistence not directly related to the Program or a
Project(s). Reimbursable expenses shall be billed to the City at direct cost expended by the Consultant.
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.
Documentation shall be submitted with invoices for Variable Reimbursement Expenses. For Recurring
Reimbursement expenses, the supporting documentation for the annual lump sum amount shall be
included in the Proposal/Work Order and no further supporting documentation will be required.
Capital Program Support Services -Re -Issue Page 32 RFQ 12-13-016
Reimbursable Expenses shall be identified and quantified, to the extent possible, in each Work Order.
B5.02 TYPES OF REIMBURSABLE EXPENSES
As depicted in Schedule B2, Reimbursable Expenses are to be established either as a Recurring
Reimbursement set as a Monthly Lump Sum amount primarily attributable to Key Personnel or as
Variable Reimbursement given as a limiting amount, or allowance, subject to the advance approval of the
Director or designee for direct expenses for attributable to either Key Program Staff or Staff assigned to
Specialty Services as noted below.
Reimbursable Expenses are shown in Schedule B2. Actual direct costs paid by Consultant for Variable
Reimbursement Expenses shall be the basis of invoice to City, subject to the advance approval of the
Director or designee as provided below.
B5.02-1 AUTHORIZATION
Both Recurring Reimbursements and estimates of Variable -Reimbursements, as shown in Schedule B2,
are to be identified Variable Reimbursement Expenses for all travel and per diem, miscellaneous items
and any other item or category and shall be subject to specific written advance approval of the Director or
designee using forms provided to the Consultant subsequent to award of the Agreement.
B5.03 DEFINITIONS and CATEGORIES
Reimbursable Expenses are those items authorized by the City outside of or in addition to professional
fees as identified in the Work Order and consist of actual expenditures made by the Consultant and the
Consultant's employees, or Sub Consultants, in the interest of the Work for the purposes identified below:
B5.03-1 Travel And Per Diem
Identifiable per diem, meals and lodging, lodging, taxi fares and miscellaneous travel -connected
expenses for Consultant's personnel subject to the limitations of Section 112.061 Florida Statutes as
amended. Meals for class C travel inside Miami -Dade or Broward County will not be reimbursed. Meals
and lodging expenses will not be reimbursed for temporarily relocating Consultant's employees from one
of Consultant's offices to another office if the employee is relocated for more than ten (10) consecutive
Working days, Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson
or Ramada Inn. Governmental lodging or meals will not be reimbursed that result from travel within
Miami -Dade, Broward or Palm Beach Counties.
B5.03-2 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.
• Miscellaneous Reimbursable Expenses:
All other expenses as included in Schedule B2 or those otherwise requested in advance and
approved in writing by the Director or designee are eligible for reimbursement as Variable
Reimbursements.
B5.04 REIMBURSEMENTS TO SUB CONSULTANTS
Reimbursable Sub consultant's expenses are limited to the items described above when the Sub
consultant 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 0 herein.
Capital Program Support Services -Re -Issue Page 33 RFQ 12-13-016
ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS
B6.01 GENERAL
It is understood that Consultant's Agreements and/or Work Orders for existing or new Work 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.
Capital Program Support Services -Re -Issue Page 34 RFQ 12-13-016
ATTACHMENT B - COMPENSATION
SCHEDULE B1 - WAGE RATES SUMMARY
CPSS- Atkins North America, Inc.
INDIVIDUAL'S NAME
.
JOB CLASSIFICATION
DIRECT
HOURLY
RATE
Multiplier
(See table
below)
AVERAGE HOURLY RATE
(Multiplier Applied)
Atkins North America,
Inc.
Initial Key
Program Support Staff
Kingsley Cornwall
Sr. Cost Estimator
$34.83
2.4
$83.59
Pedro Beltran, El
Job Order Contracting
Manager
$49.17
2.4
$118.01
Thais Chamon
Program Controls
Manager
$35.71
2.4
$85.70
Monica Pausa
CADDTechnician
$28.07
2.4
$67.36
Additional
Program Support Staff
- Specialty Services
Diego Clavijo, PMP,
PSP
Sr. Claims Analyst
$65.03
2.9
$188.59
William Pitcher, PE
Marine/Coastal Engineer
$70.99
2.9
$205.87
Jimmy Suarez, PSP
Senior Scheduler
$35.72
2.9
$103.59
Ana Cabrera
Software Development •
Manager
$62.58
2.9
$181.48
Jim Bernstein
Senior Software Developer
$44.36
2.9
$128.64
Ricardo Castro, PE
Roadway Engineer
$44.00
2.9
$127.60
Victor Herrera, PE
Civil Engineer / Permit
Coordinator
$58.85
2.9
$170.67
Douglas Ramirez, PE
Structural Engineer -
Vertical Structures
$45.64
2.9
$132.36
Adam Gelber
Environmental
$52.78
2.9
$153.06
Mark Henry
Environmental Project
Manager
$42.61
2.9
$123.57
Carlos del Valle, PSM
Surveying Manager
$66.37
2.9
$192.47
Amit Hazra
GIS Developer
$41.48
2.9
$120.29
Glenn Myers, PE
Structural Engineer -
Roadway & Bridges
$77.28
2.9
$224.11
Jose Lopez, PE., PMP
Grants Manager
$48.07
2.9
$139.40
Juan Alfonso
Senior Project Controls
$55.22
2.9
$160.14
Praveen Ommi, CEP,
AVS, LEED AP
Value Engineering
Specialist
$79.34
2.9
$230.09
Pelayo Calante, PE
Sr. Mechanical Engineer
$57.43
2.9
$166.55
Capital Program Support Services -Re -Issue Page 35
RFQ 12-13-016
Pedro Trevin, PE
Sr. Electrical Engineer
$71.37
2.9
$206.97
Project Information
Services (PIS)
Timothy Malagon
Principal, PIS
$65.00
2.75
$178.75
Dunne) Young
Senior Programmer
$53.00
2.75
$145.75
Marie Cossin
Programmer
$30.00
2.75
$82.50
Westhorp &
Associates Inc.
(Certified CBE Firm)
Brenda Westhorp, PE
Sr. Civil Engineer /
Environmental
$48.75
2.9
$141.38
Diana Santander, PE
Civil Engineer
$40.89
2.9
$118.58
Barton J. Fye, PE
Civil Engineer
$30.00
2.9
$87.00
Indigo Service
Corporation (Certified
CBE Firm)
Ricardo Fernandez,
R.A.
Project Manager / Senior
Architect - Note 1
$95.80
1.67
$160.00
Allan Zamora, R.A.
Senior Architect
$42.30
2.9
$122.67
Alejandro Fernandez,
R.A.
Senior Architect
$41.38
2.9
$120.00
Anabel Armstrong
CADD Technician
$26.25
2.9
$76.13
Curtis & Rogers
Design Studio, Inc.
(Certified CBE Firm)
Aida Curtis
Senior Landscape
Architect
$60.09
2.9
$174.26
Esperanza Kelly
Landscape Architect
$37.74
2.9
$109.45
Jennifer Rogers
Landscape Architect Intern
$25.48
2.9
$73.89
Julio Persivale
Landscape Architect CADD
$25.00
2.9
$72.50
MAGBE Consulting
Services, Inc.
Magali Abad
Public Information Officer
$39.50
2.5
$98.75
OVERHEAD & PROFIT RATE/FACTOR SUMMARY
NAME OF FIRMS
OFFICE OVERHEAD
FIELD OVERHEAD
Atkins North America, Inc.
2.9
2.4
PIS
2.75
2.7
Westhorp & Associates, Inc.
2.9
2.4
Indigo Service Corporation
2.9
-
Curtis & Rogers Design Studio,
Inc.
2.9
2.4
MAGBE Consulting Services, Inc.
2.5
-
Capital Program Support Services -Re -Issue Page 36
RFQ 12-13-016
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Johnny Martinez, P.E.,
City Manager
FROM: John De Pazos, Project Manager
Capital Improvements Program
Chair, Evaluation Committee
DATE: April 9, 2013 FILE:
SUBJECT: Evaluation Committee
Recommendation:
Capital Program Support
Services
REFERENCES: RFQ No.: 12-13-015
ENCLOSURES:
Background
The Capital Improvements Program ("CIP") issued Request for Qualifications ("RFQ")
No.12-13-015 for the provision of Capital Program Support Services ("CPSS") on February
1, 2013.
On February 22, 2013, CIP received a total of five (5) Proposals.
An Evaluation Committee ("Committee") was appointed by the City Manager to evaluate all five
(5) Proposals. The Committee consisted of the following members:
1. Elia LeBron, P.E., Chief of Design, CIP, COM
2. John De Pazos, Project Manager, CIP, COM.
3. Brian Zeltsman, Director of Architecture and Development,
Community Redevelopment Agency
4. Alfred Lurigados, P.E., Deputy Executive DirectorlDirector of
Engineering; Miami -Dade Expressway Authority
5. Alex Peraza, Construction Project Manager, Dept. of Cultural Affairs,
Miami -Dade County
Findings
On Thursday, March 14, 2013, the Committee convened to evaluate, score and rank the
five (5) Proposals based on the evaluation criteria of the RFQ. The Committee was given
instructions, a brief explanation of the evaluation process, and ranking guidelines. The
Committee elected John De Pazos as the Chair.
The Committee reviewed five (5) Proposals received from consulting firms and determined
that four (4) of the firms met the following requirements:
1) detailed extensive experience with similar complex programs;
2) recruited a team of key staff that possessed knowledge, skills and abilities to
successfully manage the City's capital support program;
3) demonstrated capacity to assist CIP with management of its multi -year Capital Plan.
Page 1 of 4
The four (4) shortlisted firms are listed in alphabetical order:
1. Akins North America, Inc.
2. CH2M Hill
3. CSA Group
4. Parsons Brinkerhoff, Inc.
The fifth (5) firm, Calvin, Giordano and Associates, Inc. ("CGA") was not shortlisted. The
firm was excluded based on unanimous concurrence by the Committee that CGA did not
provide sufficiently similar project references that met the scope of the City's CPSS. In
addition, CGA did not make mention of the Job Order Contract ("JOC") component in their
management plan, which is crucial to the City's CPSS and failed to identify members of
their initial core program support staff as outlined in section 2,2 of the RFQ.
On March 26, 2013, the four (4) shortlisted firms were given an opportunity to give
presentations to the Committee.
During presentations, the Committee allowed time for questions and answers for the
purpose of giving the Committee an opportunity to inquire about the details of each firm's
program management experience. The firms were given an opportunity to provide answers
to a series of structured and unstructured questions.
Responses were evaluated according to the following criteria and respective
weight:
➢ Proposer's Experience and Qualifications Maximum 25 points
➢ Management Plan Maximum 25 points
➢ Proposer's CPSS Team Experience Maximum 20 points
➢ Experience of CPSS Officer -in -Charge Maximum 20 points
➢ Quality and Thoroughness of Submission Maximum 10 points
Five (5) bonus points were awarded to each firm who agreed to use certified. Miami -Dade
County Community Business Enterprise ("CBE") firms from within the City of Miami
municipal boundaries.
Based on each firm's proposal evaluation and presentation, the resulting scores are as
follows:
1. Atkins North America, Inc. (486)
2. CH2M Hill (462)
3. Parsons Brinkerhoff, Inc. (425)
4. CSA Group (417)
The results concluded Atkins North America, Inc., as the top ranked firm, who is currently
under contract with the City for CPSS. Atkins North America's proposal was extremely
substantive, which included details that emphasized both their team dynamic and
experience.
1. Atkins North America, Inc.
The Committee considered Atkins' presentation to be direct and thorough. The team of
presenters included key staff responsible for its day-to-day operations and program
management, including, but not limited to: JOC Program management, cost estimating,
project controls, planning and scheduling. Atkins clearly demonstrated extensive
Page 2 of 4
knowledge regarding CIP's capital program as did their program coordinator, Mr. Diego
Clavijo, PMP, PSP. Mr. Clavijo has over 15 years experience in program management,
project controls and capital program management services.
Additionally, Atkins committed to adhere to the CBE requirements, agreeing to assign a
minimum of 15% of its contract value to CBE firms who maintain a "Local Office", as
defined in City Code Section 18-73.
The entire team consists of: Curtis and Rodgers Design Studios, Inc. (Landscape
Architecture); Indigo Services Corporation (ADA compliance, facilities assessment and
architecture); MAGBE Consulting Services, Inc. (Public involvement); and Westhorp &
Associates, Inc. (Civil/Environmental engineering and Inter -agency coordination).
2. CH2M Hill
During their presentation, CHM2 had well versed experienced key staff very knowledgeable
about. the JOC program and the other CPSS functions. CH2M Hill impressed the
Committee with the program coordinator, Luis Rioesco Jr., P.E. Luis answered questions
skillfully and thoroughly. Although CH2M Hill has program management experience, their
presentation mainly focused on water/wastewater projects.
3. Parsons Brinkerhoff, Inc.
Parsons is a firm with proven program management experience. The Committee noted that
the experience of each individual team member would be value added as they have familiar
with database proprietary project controls software currently used by CIP. The Committee
expressed concern about the program coordinator, Mr. Rodrigo Pigna, P.E. Rodrigo had
extensive experience as a civil/roadway design project manager rather than capital program
management experience. The Committee expressed concern of the vagueness of his
responses during his presentation. The Committee would have preferred more specific
details, including referenced examples of Parsons' program management processes.
4. CSA Group
An experienced civil engineering firm, CSA listed a comprehensive team of professionals
and support staff in their Proposal. Although they emphasized JOC program management
experience, it was unclear if the proposed key staff had JOC experience or if Consul -Tech
managed the JOC program management responsibilities. Consul -Tech is an engineering
firm who had previously been under contract with the City; CSA and Consul -Tech recently
merged as the CSA Group. During Q&A, CSA focused on. its IT capabilities and grants
management. Overall, the Committee concluded that while CSA are experienced project
managers for civil engineering, they are not as strong in program management as the other
Proposers.
Recommendation
The Committee requests authorization to enter into negotiations with Atkins North America,
Inc., the highest ranked firm, for Capital Program Support Services. Should negotiations fail
with Atkins North America, the Committee request approval for GIP to negotiate with the
number two (2) firm CH2M Hill. Should negotiations fail with CH2M Hill, the Committee
request approval for CIP to negotiate with the number three (3) firm Parsons Brinkerhoff,
Inc. .
Page 3 of 4
The Committee is confident that Atkins, CH2M Hill and Parsons Brinkerhoff, Inc., each have
the experience, qualifications and key staff required to comprehensively and successfully
manage the City's capital program pursuant to the requirements stipulated in RFQ No.:12-
13-015.
Your signature below will signify your concurrence with the above recommendation and
your assimilation of these findings as your own justification based on the requirements of
the RFQ and the qualifications of the Proposers.
Approved:
.E., City Manager
cc: J' lice Bravo, P.E., Assistant City Manager/Chief of Infrastructure
ark Spanioli, P.E., Director, CIP
Jeovanny Rodriguez, P.E., Assistant Director, CIP
Evaluation Committee Members
Page 4of4
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CITY OF MIAMI OFFICE OF THE CITY CLERK
BID SECURITY LIST
BID ITEM: Capital Improvements Program Support Services
BID NUMBER: RFQ No. 12-13-016
DATE BID OPENED: Friday, February 22, 2013
TIME:
2:00 PM
BIDDER
BASE BID
BID BOND (ER)
AMOUNT
CASHIER'S
CHECK
Atkins (1 box)
See Attached Bid
See Attached Bid
Calvin, Giordano & Associates, Inc. (1 envelope)
See Attached Bid
Se Attached Bid
CH2MHill (1 box)
See Attached Bid
See Attache(' Bid
CSA Group (1 box)
See Attached Bid
See Attached Bid
Parsons Brinckerhoff (1 box)
L .
See Attached Bid
See Attached Bid
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Person Receiving Bid(s)
On k
Today's Date
Receivii id(s) on behalf
PREPARED BY:
Capital Improvements Prog,
City Department
Deputy City Clerk