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City of Miami Legislation Resolution: R-13-0183 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 13-00399 Final Action Date: 5/9/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATKINS NORTH AMERICA, INC., THE HIGHEST -RANKED FIRM PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 12-13-016, TO PROVIDE CAPITAL PROGRAM SUPPORT SERVICES, FOR ATWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN THE TOTAL AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS, FOR SAID PURPOSE. WHEREAS, the Capital Improvements Program ("CIP") issued Request for Qualifications ("RFQ") No. 12-13-016 on February 1, 2013, for the provision of Capital Program Support Services; and WHEREAS, on February 22, 2013, five (5) proposals were received in response to the RFQ and were deemed responsive; and WHEREAS, the Evaluation Committee ("Committee") convened on March 14, 2013 and shortlisted four (4) firms in the following alphabetical order: Atkins North America, Inc. ("Atkins"), CH2M Hill, Parsons Brinkerhoff, Inc., and CSA Group; and WHEREAS, the Committee requested that the four (4) shortlisted firms respond to questions during a presentation session, conducted with each firm on March 26, 2013; and WHEREAS, based on the results of the Committee's evaluation, Atkins was determined to be the top -ranked firm; and WHEREAS, the City Manager requests authorization to execute a Professional Services Agreement ("Agreement") with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,500,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with Atkins, the highest -ranked firm pursuant to RFQ No. 12-13-016, to provide Capital Program Support Services, for a two (2) year period, with the option to extend for two (2) additional one (1) year periods, in an amount not to exceed $1,500,000, with funds allocated from various Capital Improvement Projects, for said purpose. City of Miami Page 1 of 2 File Id: 13-00399 (Version: 1) Printed On: 5/27/2016 File Number: 13-00399 Enactment Number: R-13-0183 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 13-00399 (Version: 1) Printed On: 5/27/2016 Service Category Contract Type Project CITY OF MIAMI OFFICE OF OF CAPITAL IMPROVEMENTS PROGRAM PROFESSIONAL SERVICES AGREEMENT Capital Program Support Se vices RFQ No, 12-13-015 (RE -ISSUE) Continuing Services for Program Management Capital Program Support Services for the Office of Capital Improvements Program Itant ATKINS NORTH AMERICA, INC. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS#a,.a,k x«x#xx..4£,x**xw,x«x4N r,kk.xxx.,..N«. k ..x«x;k x,F £ Yzb':::a .x*,. ;£xXx zz.„,«,xxx 5 2Ng3 COMPENSATION y�. *x;£zkk NkYNk Y%xe.aYxNYa..x.h.af. ARTICLE 3 PERFORMANCbsx.¢q.NYWk.W:aN%:.:,x«. x*...; 34g1 PERFORMANCE AND DELEGATION Y%.xY%NkaxYYY..YK%W 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 3.03 CONSULTANT KEY STAPB`JPERS+ NNELMWNkx .......XN£xxYYY.XxNWxY.N£MxY 3.94 _ TIME FOR PERFORMANCE Y Xakx x ,k.x :Nre*YNN«WNNkY x C4 • -SUB CONSULTANTS NN 4.02 SUB CONSULTANT RELATIONSHIP xxxx k.kxx.iFxbxNNx;k,. 4.03 CHANGES TO SUDS CONSULTANTS Y Ytx%%:W Yk:Y zz N#a NNNN}.YYYY N.ab s.x➢fix 7 . aX YktxY N'Y W*k s.Nza4bkx'r.➢.a N*Yi. Nx.x 8 R .x..xexxxddk, 16114£NXYN%Y.:WWY, V p3 x 9 . 9 10 0 5.02 CONDITIONS OF DEFAULT x..xxkNX:Y kKw xxxxWXx,xY«kxkFx.kNx¢xxXN..x:xx,kxxNXxxNN.NNN%.Mesa #..xXxN.N xxxxx:YYF11J 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE kx.xYx.«¢ Y xFx.xNx x«x.k xx ,N...10 ARTICLE ICLE 6 TERMINATION OwpwNk}«FgyAGREEMENT x.b,N :.X,:¢ x x.:.xxX Y.x,.;£.x Yx.}x..Xxx ¢x.xk,N 10 6.tµI ITY'S RIGHT TO Tk kAML nA IT iA9€€➢➢if➢i➢➢#N➢➢➢i £N ii%09➢: igNNi OiY iii Y:S mm 6.02 CONSULTANT'S RIGHT TO TERMINATE...k..x.b.e.akY,.x....xx kx... N X.*.erx*skYXxd::..xx.:.xbx€1 I 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT., ARTICLE 7 J OCLIMEi TS AND RECORDS .. %NxN%Y;NN.11: 7.01 OVVNERSHIP OF DOCUMENTS MENTS.,xx.kK:x,.:%%%N%'NNx....•.Nxax*kixN.NXxNxYkx% ... x...... N..d..Y..K .Wa.xk..11 7.02 DELIVERY UPON REQUEST OR CANCELLATION,— * kNWNNYNxdkNa➢WY.Nk Yk...... Y x xx11 .Y kXN¢ x 7.03 Rx.E�-USE «b�yxi,�jj BY CITE' y}ys .N a6XXx,➢ xx. xxkN...... .k.xxx 11 .04 I NY+F Iia@�ki �SUREX.*d....•.N➢:xtl YY%xNKRx Yxxxx'�.. x*kw: 'N ➢.....Y«x'N xx Rx«_N:xrt Yx'.6N YN xx➢}XNYNY*Y:YNNx NF RN Rx kNrtrtr'e%R'XX RRXNNkX: 111 7,05 MAINTENANCE OF RECORDS NddNdYN➢N**£dNXN.XN*Nxd• ARTICLE iLE 8 yINDEMNIFI CAI�OI . ART C .5 9 3 � R!"'l1�rM'y.r 9.01 COMPANIES PROVIDING COVERAGE .....kx *«Yxka ......x.a ....................xx,x.xxxkaw,.,ax«Y¢« ¢. 9.02 VERIFICATION OF INSURANCE COVERAGI kkR.*R*,,.k..ax 4..e....Wk...£..a.W,Y£.xkxXNxx xxxx.....13 9.03 FORMS OF COVERAGENxk........kxk:x x¢ .#WaR£x «%xx*X,x........ Nxxxx.x..««x...N.k.:..Yk#£:RNNaYNNNXkNk➢YW13 9.03.3 PROFESSIONAL LIABILITY INSURANCE ............. ....F .Y r.,.N.W.. ,...:.......... 9.03.4 WORKER'S COMP NSATIt N INSURANCE..i.., 9,0 -6 SUB CONSULTANT COMPLIANCE----„,.__. 9.04 MODIFICATIONS TO COVERAGE #YxXk.kYxkY.......k:kY......:ax....Y.x:x.ON .zNg..N .......XYxNNYk..:¢14 § .piraI Program SupSupport: erc�i es• Page I EQi. - 3.OH ATTACHMENT A xR SCOPE OF VVOR . eAAxX .,.rt X ; Aa_ 4PPXXR 2Q pp�, yp�g ay[M $�y_ pgV�M gpy gy. xx�.ya ;@]y ypgMw ��py �yPy ,--,.9.8,1 a•4# : §?e,i Xa eYNaP':P Y:#XYN+.XY1'.11k%a/y�yy� ARI CLE..I .1. -GENERA ",N:g44 'r..N#4Y ,,;� .x##.4 N%aAx# lx,N%p#.N.'* Y dx'v Y#as xYk's.... p '.. ...Y "4Rz 4F A1,01 RANGE OF SERVI S.xXY,Y....%,a4x .....xre ..RY............N •„a#..:, •NNY20 A18 2 COOPERATIVE WORK-..,..., nA4axlb xd rku Y4#RN,k a##,A%A.• •,,,xa4.. .NN4-*.......... e: i9%YY: see, Xi Nb Xa...2 .....Yvxx....... YA .A.•rvxv.r.P4Xx•20: 41 ,21 rtaw»NxN[ .21 %21 ARTICLE A3 ..PRIMARY setwicEs x.:N%N...r.,.A....% . A, 2- xxx"%w%N. rox NwN x.Mx.xb ,r. YN}bNw,wNkk N:ro r•w ik Nbx4 a'w ): N'F x.a ., A3,01. ADMINISTRATIVE PROGRAM MANAGEMENT....,... . A3.02 PRODUCTION MANAGEMENT SERVICES .Y..4.',.......X.%,NP..............#'%A%N x4444444101.,#P..PN# 3 A3.03 CONSTRUCTION ADMINISTRATION.'„„........................... ""mmB....%N.., .........2�P.4ra ARTICLE A4 SPECIALTY SERVICESrax.... N,+<.., N r...X .. r%x#AXx X.XYx.....X,, %4.x....q...r:XY.....26., AS.02 STAFFING FOR SPECIALTY SERVICES :.....X.....1%.•.....,.X.N...........25 AS03STAFFING ING :CHANGES i......... NXaRPPN ,. ..f;Axalx'!}P„.P%}i}PG-,..., ,. A „ .....{xipB ...ii,,,,,..,,,,AYti#AX :ARTICLE. gpATI'ygLyygpyA��pX:'�Syp4y p$why!�ggrASSIGNNT OF WORKaa,:• '1Vc RRIY I anak R a. aVa a x Baa Vaer Y.e xz9......:P Y#Y'#l>a +n 44•S aAr x•,nx.A A, YVaAr.•'A'.kx a•a a: 8 IN......es#P#N..... mow# keµl y#�A�gp�w pp, q/{yg{y� S i i.. JJLE,AZ. -. KEYTAFe BP . ....a vYN xvk... t#4aAk}-%e vwsz iA: ;gX,w AR#Ysk6Mxe NAaf}a'sx Y 9}aYY%NN YYai 4w ry ab xwxxx420 ATTACHMENT IRTIL 1 METH 1.01 COMPENSATION LIMITS 131.02 CONSULTANT NOT TO EXCEED-. ARTICLE 82 WAGE RATES, bA4xL Ykyk.. U2,01 FEE BASIS N N A.A.A:x: YMbA.............row xxA% YNN%a NPw% .xkbY! B2.02 EMPLOYEES AND JOB LASSIFI+ ATIONSN. 82.03 NIULTIx L.I ;R /aX Na,eAx.AR.a...........Av.XXX. 4.14.%N'k...XX+AX%x'NY..X.. 92.04 CALCULATION . #..XX B2.0S EMPLOYEE BENEFITS AND -OVERHEAD ,,,...„. APTIC E 10 MISCELLANEOUS, 10.01 AUDIT RIGHTS PP ANN N. PaP N.NNaX 10.02 10,03 10.04 10,06 10.06 10.07 10.08 10.09 10.10 10.11 10,12 10.13 10.14 10.16 10.16 a Rxr 444, ENTIRE AGREEMENT as xe Nx ax44akYsxxk XYad;d Mxvv lA xNl XXX4N tAx Yaak X4 SUCCESSORSAND ASSIGNS Y'A.AAAaxA4iAiAik.•seaxAK.Y4YiP fk,kaX.,xA. TRUTH -IN -NEGOTIATION CERTIFICATE APPLICABLE LAW AND VENUE OF LITIGATION .aN.tl}Xa Nwrxsx bb PANkk I ITFIPETATIN1#-Y.A,a, 4 x aA JOINT PREPARATION..--,--....... PRIORITY OF PROVISION . ,x,.X•k4.kx.....A.. b4444:A44 Ykf NxA1%Y' ro'%%4Nx MEDIATION - WAIVER OF JURY TRIAL>. aNN..4 4 Y•.a. i•axk.YxrkP .... wroxa%,%r.aa.x,%wNr TITS . .NYAW%kybx.Y%W..bb.4XNN.Y k .......x{4N.X.Nx r4#xx#A%, Xx,N%ti.wx..XN..N.%. COMPLIANCE WITI' LAWS. -- NO PARTNERSHIP DISCRETION OF DIRECTOR.------- RESOLUTION OF CONTRACT DISPUTES INDEPENDENT CONTRACTOR #ee„ ..##.x#wx.%%x 14 xiXx4k%A14' 14 YYY.14 x••a14 q#4a44.1.4 04. A1.03 NONEXCLUSIVE RIGHT.„.......... ARTICLE A2 OVERVIEW OF CAPITAL PRO IVI UPPO T SERVICES WY A2.01 PRIMARY SERVICES A2.02 SPECIALTY SERVICES ------- PENSATION A A!��Aza yy��fyfy11 yawn Yip¢., gA,y� {(�p� Ykia Aa•PP N:4 2.06 S ALI 11OPI... XX.X%.Yxxa.....#s#Y'}PX AY AN.%z'44.4a}A'% • }f ea banfNf :%a3R?!Yl ARI L 3M14.�7PlyUiaT4rAT1 N. PaaFPiFnP EnPiEP:WSPPeAnn NA•Ak b_ Oa MP#..a N Aa:e yTIaO,IN wr. %.b.A 3.01LUIVIP 83.02 d rysyRATE FEES xN Y •XP YNb AbPY Pka , xAN Y:X Px bbi%%A.x as.... NN a<a,Y ap ta1 Pr graport Services Rihsue Page 2 RFQ 12-13« ?16 B3.03 REIMBURSABLE EXPENSES............ B3.04 FEES for SPECIALTY SERVICES—.....)e,%.wYeai. B3.06 FEES RESULTING FROM PROJECT SUSPEN ARTICLE B4 PAYMENTS TO THE CONSULTANT.... 84YO1 PAYMENTS ENERAI LY XX,%XYahRP XX..._pP%PX•4YaxY:X%), Bh2 MONTHLY PROGRESS REPORT.—.. Bea BILLING — HOURLY RAT ARTICLE yp 5 VFW REIMBURSABLE P B6.01 VM MR 9abA N94hx b xfx AM PRh esx xY i eiexYPv 8h0 TYPES OF REIMBURSABLE EXPENSES B P02-1 AUTHORIZATION...eie,alev..YMk,P BxiEFA.PwhP iF%aY4xxPa•)4wi P03 DEFINITIONS and ATEG0RIES Y.ixv..,,Pfl.Y).Y,.NaP 86.03 REIMBURSEMENTS TO SUB CONSULTANTS-. hix);% R.FPiw.NP P •wwPeiaeP Phaieve). ARTICLE Ba COMPENSATION FOR REUSE t F PL.A S A.NP SPECIE ATIi3NSwRN xxwxwwwxxxxw xxxx�wvxxwx4x B6.01 GENERAL — SCHEDULE B1 - WAGE wPRPAiMTPElStGxSUMMARY.-- UM ARY.PMP,P N•Pxxx?.a.Xe..Nx.)..XN.PT SCHEDULE B2 — ESTIMATE OF :REIMBURSABLE EXPENSE aaP..,P,%P.x..A:aNxPxPPNa .,:%P.P SCHEDULE B-w2 EXPENSE VOUCHER.... P PP•4PNa AAPP•,Pa PwPN%exN ,.ak4,.p,e.a.a» 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 R-13-0183 This Agreement made this 31 day of ! ° `6rt, in the year 2013 ("Agreement") by and between the City of Miami, Florida., a Florida municipal corporation, hereinafter called the "City," and (Atkins North America, Inc.), 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: Contract No: 13.1209 Capital Program Support Services- RFQ 12-13-016 ()Re -Issue) Page 4 i LE 1 DEMI DNS .01 rttaohrrrerrts mean the Attachn-i by reference and r`nado a part of this A 1.02 Base Pee Insane the amount of asic services. PROFESSIONAL ESSIONAL SERVIC this Agreement ement as if set forth in full. pensation mutually agreed upon for sly incorporated means those services designated as such in a VVork Order., 4 Cep ptaf iron nr `r pport Services or CPSS means 8rvices provided by the Consul) including, without lit nitetlar', all administrative, technical, and management activities associat with supporting the City as determined by the Director in the execution and Implementation Me City's Capital Program, 1.0 - City Il Ire or means the duly appointed chief ad ink trative officer of the City of Muni. 1.06 City or Owner rrreans the City of Miami', Florida, a Florida municipal corporation, the public agency which is a tarty hereto and for which this Agreement is to be performed. la 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 uoh regulatory authority and the enforcement of any rules, regultiorrs, codes, laws and ordin (roes shall be deemed to have 'occurred pursuant to City's authority as governmental body and shall not be attributable in any manner to City as .a party to this Agreenerrt. The City of Miami small 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 !Vilar Department of Risk Manaenmont, f. sion means the legislative body of the City .09 Community 'rrsine s Enterprise ("CBE") means a bra; levant Miami -Dade County agencies to compete for Coun declared, by registration for statistical purposes, to be a CBE Conultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, which entered into the Agreement to provide professional services to the City, 1.11 Contractor means an individual, partnership, corporation, association combination thereof, which has entered into a contract with the City for con facilities and incidentals thereto, who heads the siness that has registered with the ty consulting contracts and has pint venture, or;ny uctlon of City 1.12 Director rrreans the Director of the City Department designated herein who has the, authority and responsibility for managing the specific protect or projects covered under this Agreement, finless 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 Y errors rrr a s Items rn the piarm Consultant Chef are shewn Inc y the need for the construction c tractor delay to the completion of construction 1.14 Errors and Omissions means design defi� documents prepared by the Consultant, which m funotion or be built as intended. 1 e n en t1 d, spe ifiaation or other documents prepared by the vuhioh results in a change to tite Services and results in to perfrrrn rework or additional work or which causes a ienies in the plans, specification or other ast be corrected In order for the project to apitai Pal gra e-1,ue �. Vim. Su n tr ort Ser vices- Page PROFCSB ONAL.- RVI ES AGREEMENT 1 1 Horizontal rnjecis means Capital Projects that generally consist'of new construction, repair and/or reconstruction of roadways, rights -of -way and streetscape irnpr©vements (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, herdsoaping and waterway improvement: and maintenance, and underground storrmi and/or sanitary sewer systems and components :such as pump stations, force mains, injection wells and disposal outfelis, 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 bn 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 ackncwtedging 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 equipmen#, 1.24 Protect 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, 1.28 Project Manger 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 n` 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 cornpletion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its competion Oapital P (tteMls gram Support Ser•vieee- Page 6 1.29 SpecialtyServices means those Services which may not be directly tied to the overall ar agement of the Capital Improvements Program but to some unique, orrtidal, and/or possibly large scale,element of the Capital improvements Program, that requires expertise that is navailable from within the'City's personnel resources. lg Sub Consultant means a person or teats, engineers, landscape architect, pro stone' specialty that has entered into specified professional services for a Project Vertical Projects mean d. novation, and/or expansion enters, administrative offices tadiums, exhibition center{s) tentitled by the Director: .2 Wage 'a an hourly rate b provide service regardless of ac organization of properly registered professional registered surveyor or mapper, and/or other written agreement with the Consultant to furnish as l<.. pital Projects that gel park and recreati facillties, fire other performenc ierally consist of new constrtac real facilities, community an ns and support facilities, pout noes, marinas, or any oth n, repair;. ray care facilities;. Protects fas means the effective direct expense to Consultant and/or Sub Consultant, on eels, for employees in the specified professions and job categories assigned to under this Agreement that justify and form; the basis for professional fees tual' manner of compensation, tr ork means all services, materials and eguiprn with the Consultant, 2 Work Order means a document internal to the professional services for a defined Project or Project the ty rrk roar Proposal means a document prepay vices to be provided by the Consultant on a ARTICLE GENERAL CONDITIONS 2.01 TERM The term of this ,fir ement shall be for two (2) years commencing on the effective date hereof The City, by action of the City Mlanager 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 ere not exceeded, provided by/or under this Agreerrien authorizing the performance of specifi by the Consultant; et the request o pecific phase of a Project. During the term of this Aoreernent;_the Consultant is oreeluded fro enterin into h he Cit to rovide services elated' to d Prorrn. V Therie h Consultant has existing contracts or a from providing Progra iUlanagornent Services for such contras ,x0p 1 ensign to x In the event the Consultant is. date, then this Agreement shall Prorect(s), No new Work Orders 2,02 SCOPE OF SERVICES Consultant hereto, whli n other crintractd or ontalined in the a itai Irri rovernnts �ents:the Consultant shalibe precluded or adrearnsnts. gaged in any Project ts) an' the Agreement expiration amain in effect until completion or 'termination of said hall be issued after the expiration date. /roes to provide the •Services as specifically described and set forth in Attachment "A'' by this reference is incorporated into and made a part of this Agreement. 2 PROF 2,1 CC II UNITYBUSINESS ENTERPRISE ("CS x°) PA TICIPATICI UI EI l>1TS O DINANCE 13331, codified as 18' (p), City Code. Prospective Fir rris rrrust adhere to the following reduirerrrents; SIONAL ErtVI Assign a lnirrhun of fifteen percent (1'%) of the contract 'value to tirrrt certified by Miami - Dade County as a Cnity BUSineSS Enterprise ("CBE"); Place a speoiflc emphasis bn utilizing too l uni ipal bo rrdari s. 2.03 COMPENSATION .3.1 Compensation Lit The amount of compensation payable by the City to the Consultant shall be a .Iump sum o fee, based on the rates and schedules established in Attachment B hereto, which by th. incorporated into this Agreement; provided, however, that in no event shall the amount of c exceed One .Million Five Hundred Thousand Dollars (1,600,000,0) in total over the t Agreement and any extension(s), unless explicitly approved by prior action of the City Comm 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, coast 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 , payment shall be made in Florida Statutes Chapter 218, Part VII, Local Govrrrrnent Prompt Payment Act, after receipt Consultant's proper invoice, as defined by this Act, h hall 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 ail bills for travel expenses shall be submitted in accordance with the provisions and subject to the stations of Section 112,061, Florida Statutes, Consultant shall utilize Attachment "C" for the proper irwoices, A. .TI„ L PERFORMANCE RMANC mall-businesse torn within the City's ES AREINT ntly 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 str:red as constituting an agreement or contractual relationship of any kind between the City and said other person or firm,,' 3.02 REMOVAL OF IdN ATI FA RY PERSONNEL t to Coast font for the prompt rrrroval and replacement of any personnel employed or retained by the Consultrt, or any Sub Consultants or subcontractors, or any personnel of any such Sub Consultants or Sub ;ontrators 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 arch 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 saki employees work under this Agreement. or or designee may make written CONSULTANT KEY STAFF/PERSONNEL The parties acknowledge that Consultant was selected by City, in part, on the b particular staff identified in Consultant's response to City"s solicitation, hereinafter Staff/Personnel". Consultant shall ensure that Key StaffiPersonnel are available for e long as said Key taffWPersoranel Is in Consultant's employ, Consultant will ob ualifications of red to as 'Key ices hereunder in prior written acceptance of Director or desi designee with such Inform. Staff/Personnel, Director w acceptance shall not constitute any r TIME FOR PERFORMANCE change Key Staff/P r ornn 1. Consultant shall provide Director, or necessary to determine the suitability of proposed new Key inobly in 'evaluating Key Staff/Personnel qualifications.. Such ibiiity or liability for the individual's ability to perform, The Consultant agrees to start ail Services hereunder upon receipt of a Notice to Proceed issued by the Director and to complete each assignment, taskor phase within the time stipule 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 assignrente tasks .phases may be granted by the City should there be a. delay on the part of the City in fulfilling its obligation under this Agreement es stated herein, Such extension of time shall not be cause for any claim by the Consultant_ for extra compensation, 3,00 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of its Services, Consultant shall perform all Services in compliance v,lth applicable previsions of the Florida Administrative Code including, without limitation, Rule 61 1 -1 .001() 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 accuracyand coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or any errors, omissions„ and/or deficl ncles in its designs, drawings, specification or other Servicos. onstitant shall also be liable for claims for delay costs, and any increased costs in construction, including bit not limited to additional rk, demolition of existing work, rework, etc., resiulting from any errors, omissions, and/or deficiencle deigns, drawings, specification or other Servic{ ARTICLE SUS CONSULTANTS ,01 GENERAL 4.01-1 A Sub consultant, as defined in Section 1.3 , is a firm the t 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 parson or cargani atian that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or speolali ed ofessional .services necessary for the Project br task, Such Specialty Sub consultant shall b loan to those identified In Schedule Al. 2SUB CONSULTANT TRELATIONSHIPS 4.02-1 All Services provided by the Sub consultants shall be per written agreements between the Consultant and the Sub consultants that preserve and protect the rights of the City under this Agreement, med pursuant vhich shall co: 4. 2.2 Nothing contained in this Agreement; shall create any co11tractu .between the City and the Sub consultants, The Consultant acknowledges entirely under its direction, controi, supervision, retention and/or discharge, 4.03 CHANGES TO U CONSULTANTS The Consultant shall not add, modify, or change any Sub c written approval by the Director or designee, in response to a the reasons for any proposed substitution: ultant listed in rltten request fr o appropriate ain provisions ualnese _relation Iib consultant hedule Al 7 the Consult hip are prior ting PROF > SSIONAL SERVFCEs AGREEMENT ARTICLE DEFAULT 5„01 GENERAL If Consultant fair to comply with any term or condition of this Agreement, iar 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 rise to default have been cured, 5M2 CONDITIONS CF DEFAULT A finding of default and subsequent ter iination for cause tray include, without limitation, any of the following: 6.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required, 6.02-2 Consultant fails to comply, in a substantial or material sense, with any of ite duties underthis 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. 6..02-8 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, 2-4 Consultant is placed on the debarred vendors fist pursuant to Seotion 287133, Florida utes, es 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 alloy 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 i ajetire as that term is interpreted under Florida law, then the City may allow an extension of time with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEME 6.01 CITY'S RIGHT TO TERMINATE The City, including the Director, has the right to terminate this Agreement for convenience,, f+ r any reason or no reason, upon ten (10) days' written noticeUpon 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 terrnInation. 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 enmployees, asonably commensurate ap tal Program Support: Ser e-tsue7_-. Page 10 PROFESSIONAL SERVICES AGREEMENT 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 i_C? .UMENTS 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 payrnents 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 ih 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 ail such documents. Consultant shall have no recourse from these requirements. 7.03 REUSE BY CiTY It Is understood that all Consultant agreements and/or Work Orders for new Services will include the provision for the reuse 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 plains, 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 tta divulge, furnish or make available to any third person, firm or organization, without Director or designee's prior written consents 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 Capital Ponca tz r ppportServices- (tt@-Cssrte) Page 11 RFQ 12-13µtl l; i PROFESS ON 1, SERVICES A RE ENT the Project Is completed, whichever Is later, City, or any duly authorized agents or representatives 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. Al T C E INOEMNIFICATIO 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 froand against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys 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 b, 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 indernnitees, or any of them, or (ii) the failures of the CONSULTANT to comply with arty 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 cr requirements of any federal, state, county, or city goverrnmental 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 7 5, 8, .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 provislort that they will rnderrinify 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,f the Consultant, the City in no way assinnes or shares any responsibillty or liability of the Consultant or Sub Consultant under this Agree Ten dollars (1 a) of the payments made by the City constitute prate, distinct, and independent consideration for the granting of this indemnification, the receipt artd sufficiency of which is voluntarily and knowingly acknowledged by the Consultant.' Prograt upport loNA mil es ArEr;MNT The Consultant shallnot start Services under tills Agreement until the insurance required hereunder and the City's Risk Manager has approved suc insur 9.01 COMPANIES PROVIDING COVERAGE Ail insurance policies shall be issued by companies authorized to do business under the I of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida and be rated at least A( ), es per A.M. Best Company's Key Rating Guide, latest edition, 9.02 VERIFICATION OP INSURANCE COVERAGE B 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. Consultantshall furnish copies of insurance policies pertaining to thi within ten (10) days of written request. 9.g3 FORMS OF COVERAGE s,03-1' COMMERCIAL GENERAL LIABILITY AND UT 6 1 iY The consultant shall maintain commercial general liability coverage with limits of at leas# 1,ug0,000 per occurrence, $2,000,000 aggregate for bodily injury and property damege. 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 CGS 2010 11/85 or its equivalenc Notice of cancellation should read (3g) days/ (10) days for nonpayment. .03-2 BUSINESS AUTOMORI The consultant shall provide business autar obile iia ility coverage including coverage for all owned,, hired and non owned autos with a minirrOal 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, 0. 3-3 PROFESSIONAL LIABILITY INSURANCE The Consultant shall maintain Professional Liability Insurance neludin overage in the minimum amount of ' 1,000,000 per claim, $1,000,ug0 aggregate providing fo 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 atleast one year afterccrr►pletion of the construction and a eptsnce of any project covered by this Agreement. Retroactive date is required' on this polio Agreerrlent to Risk Administr i y 0 The Consult Chapter' 44 occurrence. RKERS COMPENSATION INSURANCE ant shall maintain Worker's Compensation insurance Cl, 's mended, and Employee's Liability with a Waiver of Subrogation applies in favorite of the certifl NSULTANT COMPLIANCE Consultant shall ens n compliance with minimum limit of ate holder, nd;Om Florida Statutes, 0 ,000 each that all ub consultants comply With these same insurance requirements ROFESSIONAL S RVIGI AG f EE r9ENT 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 insuranc e 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 "t e performance of this Agreement and for three (3) years after final payment under this Agreement, The Consultant egrees 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 13-102, 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 tithe, 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 salehereunder 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 to 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 key registered United States mail, return receipt requested, addressed to the party for whom It is intended at capital Program upportServices_- Page 14 RFQ1Z43 016 the place last .specified; and the place for giving of not changed by written notice in compliance with the provision parties designate the following a the respective places for givin For City of Miami: Mark Spanioli, RE., Directo City of Miami Capital improvements Program (CIP). 444 ;S.W. 1'd Ave,... 8th FI Miami, Florida 33130 With a copy to Jleovanny Rodrigt z, P,., Assi: Capital Improvements Frog 444 S,W, 2nd Ave., - 3,n F'. Miami, Florida 33130 For Consultant Diego Clvijo, PMP, PSP Program Coordina Atkins North America, Inc, 2001 NW 107th Avenue, Miami, Florida 33172 Tel: 3 d- 14-3 7g 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. Ail personal pronouns used in this Agreement shell 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 Thereinafter' 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 tine reference Is made to a particular subsection or subparagraph of such Section or Articles 10.08 T INT PREPARATION Preparation of this Agreement ha docurrnent shall not, solely as a mat the parties than any other. 10.09 PRIORITY OF PROV1S If there is a conflict or inconsistency n any term, st Cement, requiremerwt 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, staterront, requirement, or provision contained In this Agreement shall prevail and be given effect, PR S1 P AL ERVIC AO EEME aT tall remain such until `it shall have been of this paragraph. For the present, 'the of notice: been a joint effort of the City and Consultant and the resulting ter of judicial construction, be construed more severely against one of IONS IATI N e 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 for construction of the subject project(s), and/or following the completion of the projects(s) the s to this Agreement agree all disputes between them shall be submitted to nonbinding mediation 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 Mimi -Dade County, State of Florida, The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant. rees toinclude such similar contract provisions with WI Sub consultants and/or independent contrctors and/or Consultants retained for the project(s), thereby providing' for non -binding mediation as the primary ech ,nl tri for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily permissive counterclaims in any action arising under this Agreement. PROF 10.1't 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-Dtscriminatiron 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, pe 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 local taws„ 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. 1.0.12.3 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 1 & II of the ADA (regarding nondiscrimination an 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. IC ERVIC AlEE 10.1.3 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 end/or the 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 it 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 fall 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 UapitaiPrograrz Suppo tServices. Page 16 • Rl 12-1 1, PROPE ZONAL 6ERV E AGREE' Consultant. Upon receipt of said n and issue a written finding. Consultant must submit any further appeal in writng within five (5) calendar days to the City Manacger.. 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 .I anag is written decision, approved by the City Commission if applicable; or (il) 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 (ii } City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager: ENT fi 10,16 INDEPENDENT CONTRACTOR sultant hes 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 ion benefits available to employees of the City are not available to Consultant, and grees to provide workers' compensation' insurance for any employee cr agent of Consultant rendering services to the City under this Agreement. 1fi.17 NTINCENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds program activities and the Agreement is subject to amendment or t+ reduction of funds and/or change in regulations, upon thirty (30) days no tian the Director shall review the is eltive' to he dispute and continued authorization for rr�iination due to lack of funds,. 10,18 THIRD PARTY SENEFICiAR" Consultant end the City agree that it is not intended that any provision of this Agreement establishes'; third party beneficiary giving ar allowing any dein or right of action whatsoever by any third party undo this Agreement. 0,19, ADD TIONAL TERM$ AND CONDITIONS ted or rid are rtently, No additional and conditions included with the solicitation response shall be evali,ia considered, and any and all such additional terms and conditions shall have no force or effect a inapplicable to this solicitation, If submitted either purposely, through intent or design, or inad 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 bidders/proposer '-s authorized signature affixed to the bidder's/proposer's acknoWledgrnent form attests to this, If a Professional Services Agreement ("P A") 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 arid all such additional terms end conditions shall have no force car effect and are inapplicable to this Professional Services Agreement ("PA') or other Agreement. Capital Program iippartService Page 17 ITQ LL 1 year fir I WITNESS WHEREOF, the pa above written. WITNESS/ATTE Sign ttrr Dien J, Iavi' , Vice Prue -i rt -ffan ATTEST: Con r~ Itant Secretary (Affirm Consultant Se Rene de tas Rios, Assist ATTEST: APPROVED AS TO IN,SDRANCE REQUIREMENTS;` Calvin Ellis, Direct'* Risk Maria emenl/Department Progran Support Services- trl PR0EE a1ONAL AGIUE ENT i s have executed this Agreement as of the day o rt Mr. David t c terErnlc rrt David.J. Carter, CCM, Sert'rcrr'Vice President corporate Seat) a municipal cnrportion of the I , RE, lty Manager.... APPROVED AS TO LEGAL FORM AND CORRECTNESS: CERTIFICATE OF AUTHORITY IF CORFORATIOH) I HEREBY CERTIFY the at meeting of the Board of Directors of Atkin North Arnerica Inc. a corporation organized ed and existing under the laws of the State of is �carldri' held on the resolution was duly passed and adopted authorizing (Name) (Title) Senior vice president of the corporation to exe corporation and providing that his/her execution therec corporation, shall be the official act and deed of the corpor tiara. I further certify that said resolution remains in full force and effect.. IN WITNESS WHEREOF, I have hereunto sat my hand thi 0 13 Secretary: t day of April 20.13 David J. Carter Print Rene de lcas Rios Assist TATE The foregoing Instrurent a ds acknowledged before, 20 by rJavid J,. garter' ho has produced (did Ld. ,.o) take an oath. SIGNATURE 0 OTARY PUBLIC STATE OF FLORIDA Deborah Lynn Slbnawi PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC a it t l' o t'aara Support Ser. age 19 agreements cn behalf of the sted by the`cretry oaf the who I personally identification and who ri LYNN SH1N. ON 4 DD.24543 40.64Mb r 13, scia pWry Puri D1146Nwrl IS E °NAL SERVICES AGREEMENT. ATTACH ENT A SCOPE OF ARTICLE AlGENERAL AL Under the direction of the Director or designee, Consult nt 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 provider the Services hereunder as an extension of CIP's resources by providing qualified administrative, technical and professional personnel to perform theduties 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 niost 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 Semites presented in this Agreement, depending en 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 additifln 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, cast 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 VVork Orders. A:i.,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'Ali -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 adrnlnistratIon, officials of the City, client departments and agencies, community and other stakeholders, with consulting engineers and/or architects, and contraotors to administer the planning, design and construction Of Capital improvements and Transportation Programs Projects, and as well as overall Program Management. A1;03 NCN.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 Gity reserve 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, Capita x ogr a Support vie ReIssues Page 20 2-13-ti16 20 PR 3ONAL SERVICE AGREEMENT onsu nts Cornpentive Negotiation Act), if required, Work or to exerti e every other choice allowed by taw. This Agreement does not confer on the Consultant any pa required by The City. A1,0PAYMENTS The City will pay the Consultant in ecco payment will be made for the Consultant's Order proposal ar for any Work done In the abse /Or Purchase Order. ARTICLE OVERVIEW OP CAPITAL PRO .O1 PRIMARY SERVICES Where Director or designee, in his/her sole disc provide a Work Order Proposal for the perform', not necessarily limited to the following: Overall assistance with Ar rninistrm lrnproverrents Progra Product o i onager e t. Assistance with Pro granrrmatic mane ement that is, the feasibility and other pre -design studies, financial and other an review of construction acid/or design delivery method, design, engineering, Assistance with Construction Program for Projects undergoing construction, activities 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 Oity'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 sepal or other method as deemed appropriate by the p A2F02 SPECIALTY SERVICES Where Director ar 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 we 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 identity„ 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), irrn(s) and/or team that has qualifications and expertise in the field of the subject endeavor, The. neat of Work as Specialty Services shall be made solely at the diecreton of the Director, and will ccotpllshed by a Work Order issued pursuant to this Agreements dance o discontinue or withdraw any or all Projects wive or special rights to any Wo ions and limitations of Attachment B, No in connection with the preparation of any Work n executed Work Order, Notice to Proceed and anon, Identifies the ce of said Services. eed for Services, Consultant shall The Services hmay ihtu de, but are oapltaI Project Production, yeas, scheduling, planning, ly negotiated and ties, The award and execution of a Work Order or Notice to Proceed for said Specialty et the Otty's discretion and submittal of a proposal is no guarantee ar assurance be authorized to perform the Work as Specialty Services Compensation for any Specialty Services shall be separately.nogotia rate -baser/ or other method as deemed appropriate by the parties. Capital Program Support:s rvires,,Re I 21 sup Paew,,» e�based' ices shall be so[+ the Consultant y be lump sum, hourly PFOIoNAL ARTICLE A3 PRIMARY SERVICES "hose Services considered by the City to be funramet Capital Improvements Program shall be considered Prima following arc A ,01 ANISTRATIVE PROGRAM IVIANAGEMENT The Consultant, in its capacity as Program Manager, will assists wherelwhen 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,t}1 Program Coordination: Coordination and schedulo procurement, contract negotiation and contract administrationactiviti A .01-3 Program istics. Develop comprehensive Program Work plans, schedules and, budgets, Manage CIP's "letting" plea for Projects, including the updating, revision, conflicts, devietion, ' and analyses to determine the Impact of potential changes to the "letting" plan. A3 01-4 Facility As essment:. Conduct an assessment of all City owned facilities to develop plan for correcting deficiencies and a deferred rnaintenance prograrrl> Irrfrrrrratlon ysterrrs. Provide guidance in the irnpiementatiori of an inwhouee database A. to the cce y Services r inrn atiystem. A3.01. , Fiscal Manage m nt Assis arise: Develop financial projections, monitor and trace 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 finnnnncd options, including' `investment bonds, which tray be utilized to implement the Program. A301.7 Reporting: Furnish regular progress and status reports on the Program t intrvais' determined by the Director or as signiflcani issues become known to the Consultant, A3 01- Staffing. Maintain staffing efficier dies within theConsultant's Team, A31}1.g Procedure Prod s trnprwits: Development of procedures am procedure rnpnuaI for various Pro gram activities and processes, Develop gar assist with the development of standard documents and/or forma. A.t111I Docu Control R.ecc rds tanagerrnerit. evelopmenf of e document rnanagern nt system for the Program;' maintain dour i emotion arm coil°e pondenco relatirlp to the lrogrann that is accessible and will be awned by the City, A .01 Plan, n, Annual Capital Plan. Preparation of the annual Capital and Transportation Irrrprovernent A3.01n1 = Inter -Agency Coordination: Overall caordirratlon cif` the City`s Program with other governmental agencies; such as the Florida Department of 'Transportation ( DOT), Miami -Dade County Public Vlforks and Water and Sewer Departments, utility companies, regulatory agencies and with private developers. A3.01-13 phases Amen A3.C11 W14 dies ADA Compliance, Provide regular and systo ref project irrrplementatinrr (planning, design and co saris with Disabilities Act, Prepare official minutes o ion, Ic reviews of all projects, during critical ruction} to assist In compliance with the eetlncis for th Director or designee's approval an upport Services-Re-tssrre Page PFRQFES'Sii NALEs.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 Actiyitf A3,02.1(a) Cast Control: Provide value engineering throughout Project life cycles as reluested, 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, end 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. 4 Production Activities The Consultant, in its capacity as Program Manager, will aswhere/when Direct or.€r de nee, in his/her sole discretion, identifies the need, in the following Services and/or activities: A3,M2.2(a) A3,02.2(b) Project Scoping: Devise and/or confirm detailed Projectscopes with staff and client departments commensurate with funding Verify the accuracy of Architect's/englneer'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. A3,02.2(d) Reviews: Provide design and constructabllity 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/orassist 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, Capita/ s qRe-issue Page 23 PROFES[ONAL SERVICES AGREEMENT A3.02-2(g) Utility Caordie resolution and coordination owners. Facilitate comprehensive utility coordination tip'assist with confilct ng City, designers of record, and various utility capitalplans and A3 02-2(h) Design Criteria Standards: Development and revision of, existing design criteria, standard and directive drawings, and aonstrection specifications, design drawing standards, CADD and other similar standards and criteria to ensure best business practices are utilized, A3.02.20) Public Outreach: Assist in coordinating and hosting of periodic meetings a determined by the Director or designee, to promote best practices by City and industry, A3,0 » A3.02,, prope 2 Bids and Ctntracta Review appropriateness with CIP personnel as appr quenc hit cturaI and engineering consultant and contractor fee prrate. with he selection and evaluation of consultants, contactors, and A3.02»3(b) Provide input and assist other service providers. A .02.3() Assist with preparation of a administration of grants, and dooun~rents, grant appiioations, and assist with the A3.02-3(d) Manage and oversee the selection, monitoring and oversight of Job Drder Contracts in use by the City; assist in the preparation, evaluation and award of new Job Order Contracts if deemed necessary by Director, A ,02»3(e) Assist in negotiations with architectural and engineering consultants and/©r contractors regarding price proposals and/or adjustments In time for performance of Cervices. A3.02»3(f) Assist in the review and analysis of contractor claims as well as claims by the City agalnat contractors and consLrltants. A3.03 CONSTRUCTION ADIVIINISTRATION The City of Mi rrri has contracted separately with various firms providing construction engineering and observation (0) services. The Program Manager will assist the City, where/when Director or designee, in his/her sole discretion, identifies the need, in the mane ment of the CEO services, including the following tasks: A3,03-1 Provide adrinistrative coordination between active construction projects in the same or adjacent areas: A3.03-2 Assist with the Job Order Contract ("IOC") 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 sirnultaneausiy, at various City owned or controlled locations. A3.03»3 Visit the jobites periodically and as needed to monitor construction progres A3,03 4 Review and recommend approval of requests for change orders. A .03» Verify that Contractors have filed safety and affirmative action poRote Program, lvlanager shall not be responsible for job it safety or for contractor's failure t' affirmative action and safety policies: A,03. Administer construction contracts. A .03.7 Devise and implement initiatives and proactively assist contractors in methcads intended to rninimie potential disturbances to public during construction. A3.03. Coordinate special inspections including major trades, as requester by the Direct designee. A .03-S evlew, monitor and recommend approval of p ynlerrt requisitions from the Contr and other ragrdrrr Manager, A3>03-t0 Mo itor monthly construction related expenditures by the City. However, comply with P OrE I NAL, SERVICES AGREEMENT A3,03-11Coordinate and assist in hosting of periodic meetings at frequencies de rnined by the Director or Designee with contractors to promote bestpractices by City and industry. ARTICLE A4 SPECIALTY SERVICES The speczflc 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 descried under Primsry Services, The required Work shell be described in a Work Order Proposal that shall form the basis for a Work Order to be approved by theDirectoror designee ARTICLE A5 ST'- FLING The Director' or designee has the right to approve an regulate the Consultants 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, es described below, The Director's .input regarding staff and Work assigned as Key Personnel and/or. Staff for Specialty Services shall be duly considered 'tiy 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 et 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 et the MRC, shall be part of the Consultants 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 e 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 83.01-2. 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 tor 'or designee for individual or short term tasks, or for long-term and continuing service tasks, associated with any element et 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 tc 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 G err os. ue is :Absence or Ternrin ion: If there are changes in the staff depicted in an authorized Work Order, particularly u+tith Key Personnel, due to voluntary or involuntary api PrOgra Suppert Page 25 6 PROFESSIONAL SERVICE'S ARE NT ruination, that, position will be replaced within five (5) business days of the date of separation, ores 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 sofa discretion, may additionally request qualified replacement staff due to absences of less than 16 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. A 03-2 erg es d to Work tq r r e t Director or designee's approval shall b writing for additional or replace Program Staff not included in the Praposal/Work.Order estimated to work in excess of 20 hours per month in total.Consultant shall provide a writtenproposal 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, election of such a person to work on the Program does not change the Consultant's sole possibility and liability for the performance and actions of said person. Al"plASSIGNMENT OF WORK It is the intenttand 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, A .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 Scopeof Services, time of performance, proposed fees, Sub consultants if warraned, deliverable Kerns and/or documents, and timeframe to complete the Work, The Work Order Proposal shall depict detailed staffing commitments for the proposed Services and the ethod of compensation, either Lurnp Sum or Hourly Rate/Limiting Amount. The Consultant shall not be npensated for the preparation or Work Order Proposals. vvr� nconse will be attar acceptance No guarante is reached, the Consultant shall prepare a revised and final Work Order Proposal which and incorporated to the Work Order authorized by the Director or designee. Upon the Work Order Proposal a "Notice to Proceed" will be issued by the Director or designee. is made as to how many and the extent of Work Orders issued to the Consultant PROS ZONAL SERVICES AGREEMENT H DULE A ONSULTANT TEAM The fallowing table summarizes the roles far all members of the Cot"tsultant Team anticipated,to work an the Professional Capital Program Support ServGce Agreement for the City, l l MAJOR ROLE Atkins North America, Inc, Capita Program pport Services SPECIALTYSERVICES Project lnformat on Se,ry ces TRAC Database, Program Controls stharp & Associates Inc. (C CBE Firm) Civil Engineering/interagency Coordination Indigo Service Corporatlon (Certified CBE Firm) Facility Assassnlents:ADA corpliancd and Architecture Curtis gagers Design tudi a, Inc, (Certified CBE Firm} Landscape Architecture MAGBE Consulting Public .Info rrrtatian Officer Support:S.a vzaes-Re-Issu Page 27 t 14 t t 3 016 27' PROFS TONAL SERVICE AGREEMENT SCHEDULE AZ - IN T AL KEY PROGRAM SUPPORT STAFF NAME Monica Pa Capital ogram Support JOB LA IFI ATIO JO Program Manager Program Controls Man AiD "eahr tolan ces-Reissue Page 28 PROFESSIONAL SERVIC A4.7REEpV)k;..N] ATTACHMENT B -,COMPE SATON AND PA". ENTS, ARTICLE B1 METHOD OF C9MENSATQN 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 Lump Sum (See Section 8:101). b) An Hourly Rate , as defined in Section S3,02 and at the rates set forth iri chodule 81. 01,01 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 oirourt stances will the Gity have any liability for work performed, or as otherwise may be alleged or claimed by Consultant, beyond the curulative 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 thls Agreement. B1,02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maXirnum dollar or percentage amounts stated for compensation shell 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 82 WAGE RATES B2.01 FEE BASiS AU 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, clertcalladministrative 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.g for home office and 2,4 for field officee 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 Gity 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. Program Support Setvice Re'lssu 2.04 CALCULATION Said Wage Rates are to be Program Su aport.ervices Stt n-hours required for the verablesidentified under t nsultorrt In calculating compensation payable for:'. all Caplt nt shall identify job ctassiflcations, available staff and prof mpletion of tasks and/or gaups of tasks, miletbn Work as exemplified it Schedule A2, 2,06 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 (erg. sick leave,; vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and overhead factor, Failure to comply with this section shall be cause for cancellation of this Agreement. B2.06 ESCALATION There shall be no wage escaafion during the term of this contract. ARTICLEI33 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the C ultarit, pursuant to this Agreement, fees cam a, applicable, in the following manner: .01 LUMP SUM: Corripensation for a Scope of Work may deemed appropriate by the City, to be mu stated in a Work Order. one and the Consultant agrees to accept for so id by one or a combination of the methods oul +foes rendered ned above, as be a Lump Sum, either a Fixed Fee or No to Exceed Fee lly agreed upon in writing by the City and the Consultant a s d .01. j,rerrr�rj . ; shall be the total amount of conipensati n where all aspects of e clearly defined, quantified and calculated. 3.01.2' hilodifications to Lum Sure; If the City authorizes a substantial or material change in the Scope of Services or level of staffing, the Lump aura compensation for that portion of the erviceo ray be equitably and proportionately adjusted by mutual consent of the Director or d rid Consultant, subject to such additional approvals as may be required by legislation or esignee a ordinance, established Prior to i su Sum corripa Lump Sum compensation_ shall be calculated by Consultant, utilizing the flare FF ates herein including multiplier, and reimbursable expenses as attached` in Schedule-w2,' ing a Mork Order, the City' may require Consultant, to verify or justify its requested Lump nsation. Such verification shall present 5ufficient information ae depicted in Schedule A2, 2` HOURLY RATE P AS. 3.024 Hourly Rate Fees scroll be those rates for Consultant and sub consultant erriployecs identified in Schedule S1 Wage Rates. All hourly 'rote fees will include a maximum not to exceed figure, irrelusive of all costs expressed in the contract. documents. The City shall have no liability for arty feeeras, car expense above this figure, Consultant shalt maintain timesheet for all individuals compen,sated on an hourly basis. Said tiinesheets are to reflect the name and title of the individual, work week, all 1Nork performed during the work week, and the hours ossuciated with each task performed, Timesheets'must account for the total number of authorized work hours in the work week. . 2.2Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it i 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, dourly Rate Fees may be utilized for Additional Work that is similarly indeterminate, In such oases, the City, will establish are Allowance in the Work Order that shall serve s a Not to Exceed Fee for the Work to be performed on an dourly late .0-3 Ova For Staff, whose services are paid based on hours Work is performed Consultant shall provide written justification for use of evein `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 shall not include charge for. Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depredation 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, Ali 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. 133;04 PEES for SPECIALTY SERVICES The Consultant may be authorized to perform Specialty Services for which additional compensatien 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, 05 PAYIVtENT EXCLUSIONS Consultantshall not be compensated by City for revisions and/or modifications to any Work product Services when such Work is due to errors or erhiss€ons of Consultant as determined by City. Consultant shall not be compensatedfor preparing and processing work orders or for preparing and ;processing invoices B3A6 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 Phese, 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 die, and all appropriate, applicable, and documented expenses resulting from such suspension or termination, If the Project is resumed. after Capital Pam Sumo tie issue Page 31 having been staspet ed for rrtore than three months, the Consultants further compensation shall' be subject to renegotiations, ARTICLE B4 PAYMENTS TO THE CONSULTANT 84M1 PAYMENTS GENERALLY Payments far 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 en amount equal to 1/121i` 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 atnnunt paid by Consultant. Consultant shall utilize the City standard Consultant invoice Forrn 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 subrnit a Monthly Progress Report (Report) detailing the Services provided and activities undertaken by Consultant's staff; inclusive of all Supplemental Staff. 'The Report shall oleo provide details es to the status of all assignrnents, 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, 64.03 'BILLING — HOURLY RATE Invoices submitted by Consultant shall be sufficiently detailed and aoconnpanied by supporting documentation to allow for proper artdit 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, eto., ar employee's time or travel and subsistence net directly related to the Program ar 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 documentatioh 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. 6a it i ro rsx u kart cvzces R Iss[re......r. Page 3 .u. ...,w... ,., RFQ 1 . DS.02 TYPE URSABLE EXPENSES As depicted in oh ddale B, Reimbursable Expenses arc try' be catablished either as .a''t ecurring Reimbursement set Monthly Lump Sum drnount primarily attributable to Key Porsamid cr as Variable Reimbursement given as a liniitirag amount, or allowance, subject to the advance approval of the Director or designee for direct expenses for attributable to either ley Program Staff or Staff assigned to Specialty Services as noted below, Reimbursable Expenses are shown in Schedule 82. Actual direct costs paid by Consultant for Variant Reimbursement Expenses shall be the basis of invoice to City, subject to the advance approval of the Director or designee as provided below, .024 AUTHORIZATION both Recurring Reimbursements and estiratee of Variable Reimbursementshown inSoh are to be identified Variable Reimbursement Expenses for all .travel and per diem, miscellaneous itc and any other item or category and shall be subject to specific written advance approval of the Director designee using forms provided to the Consultant subsequent to award of the Agreement. .g DEFINITIONS and CATEGORIES Reimbursable Expenses are those items authorized by the City outside of or in addition to professional fees as identified in too VVork 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: 5,r03.1 Travel And Per Diem Identifiable per died, rt oals and lodging, lodging, taxi fares and ` miscellaneous travel connected. expenses for Consultan t`s personnel subject to the limitations of Section 11.0t01 Florida Statutes es amended. Meals for class C travel inside Miami -Dade or rowerd 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 wilt be reimbursed only for room rates equivalent to Holiday inn, Howard Johnson or Ramada Inn, Governmental lodging eals will not be reimbursed that, result from travel within Nlirni-Dade, Broward or Palm Eleaoh Counties BS,,03.2 Per i es Ail Permit fees paid to regulatory agencies for.approvals directly attributable to the Project, the permit fees do not include those perrrrits required. to be paid by the construction Contractor. I ltso Ilaneous Reimbursable Expenses'. All ether expenses s'inchided In Schedule S2er thoso otherwise requested in a approved iri writing' by the Director or designee are eligible for reimbursearrcnt Reir aburserrrents. B aI) REIMBLIRSEIVleNTS TO UB CONSULTANTS Relmbiursable Sub consultant's expanses are Bruited to the items described above wh consultant agreement provides for reimbursable iexpenses and when such agreeme previously approved in writing by the Director and subject to all budgetary limitations of I requirements of g herein: dvance and as Variable n the Sub has been City and Capital Pa igraaaa Support vices ite Tssue Page 33 F.FC f 16 ARTICLE 6 COMPENSATION FOR REUSEOF PLANS AND SP E lf`I AT N ,01 GENERAL It is understood that Consultant's Agreement s 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 reuse. Capital Pr g Support Services -Re -Is 4 RFQ ATTACH ENT B -C ESTSCHEDULE B1 AGE RATES SU DUAL'S NAME rarhr America, Kingsley Cornwall DIRECT uItipIi r AVERAGE HOURLY HOURLY (See table RATE (I uftipli r RATE b l r) Applied) Sra Cost 6stinrator Job Order Contracting Manager Program Controls Mahar $3S.7j. 2,4 CAOD Technician $28,Ci7 2 4 Additional Prorar Support Staff Spec Services Diego Clavijo, PMP, PSP Sr. Cbirns Analyst $-5.03 2.f ii iarri Pitcher, PE Marine/ oestal l ng€Weer $70. y Suarez, PSP Senior Scheduler $.35,72 2,9 Ana Cabrera Software C7eveloprnen Manager Senior Software Developer $44.36 2,9' icardo Castro, PE Roadway Engineer $44,00 2,9 case Lopez; Ptw., PMP uan Alfonso Praveen Dram#, CEP, AV?, LEED AP Pelayo Calante, PE Pedro Trevin, PE Civil Engineer/ Permit Coordinator Structural Engineer µ. Environmental Prc Ject Manager Surveying Manager GIS Developer Grants 14 ger $48.07 2,9 $9,4O Senior Project Controls $SS,22 2,9 $60.4 Value Engirhoerin Specialist 7 . 4 2 $23t1.i09 Mechanical Engineer $57.4' 2:96ta,5 Electrical Pn Meer $74.,37 2.9 $206.9 Capital ProgrSuppo •tSeavices-Re.»Page RIF 2 . 3.01, rued lrforriatiir Services Timothy Malagan Principal, PIS $65.00 2.76 IDuunnel Young enlor Progr e 2.75 ariProgrammer 30,00 2,76 ticarp & Associates (Certified CBE nda W sthorp, PE 5r, Civ1I Er Environ e $48,75 2,9. 178,75 4 2.6C 41 Tana Sadar, P Civil Engineer ton f, Foie, PE Civil Engineer $40.89 ,00 2.9_ 18.58 87,00 nrra ervtce Corporation (Car. CBE Firm} Ricardo Fernandez, R.A. Project Manager / Senior 7 Architect - Note 1 5,. Allan 2arncija, F..A. 5eniar Architect $42,3 ? 2.9 Alejandro ernandz, Senior Architect 41.3 2,9 R.A. 00 7 20.00 Anabel Arnistrang ADD Technician $26,25 2 ers lei erttfied Aida Cu I Senlo. $76,13 andscape Architect sperartza Kelly Landscape Architect jenntfer Rage rs landscape Architect Intern folio Persivale landscape Architect CADD $60,09 2.9 $37,74 2,9 $25.48 2,9 $25.00 2,9 74,26 $109,45 $73,89 $72.0 A n3 agali Abaci Public information Officer $39.50 2,5 7 OVERHEAD & PROFIT RATE/FACTOR I NA C OF FI S OFFICE OVERHEAD ridid ece Coro ortlr Curtis & Rogers Design Studio, Inc; �AGEE Consulting ervtc Capital Program SupportS vtce »Re -Issue Page 36 36 April 24, 20 eby certify that the rates e rrtaitned in this ay; A1onsa Diego CIija 65;, K rr slk orrmal $34,83 Pedro Beltran $49,17 "l°hams Lharnon $35,71 Monica Pa ;' 28,07 lniy $35,72 Ana Cabrera $62.,58 ;n Bernstein $44,36 rda Castro $44,00 tor 11lrrera 58,85 Douglas axr it z 45,64 Adam Gelber $52,78' Mark 1-lenry $42,61; Carlos Del Vail $66,37' Arnit liazr $41,48 Dyers $77.28 Lopez $48,07 nail Alfonso 55;22 err Omrlii 7,34 (hint' $57,43' rev $71,37' Pito If you have Thank you. Ley1a i»* era Payroll Suer° visor 81 .281-7633 lie'ka,13orr res( a1 ins lobal,cam to Aida ep arte r 0 Traspor O 6O St ' nnr Street T if hr see. r, 323 i-0450. January 9, 2013 Thomas F. Barry,,1r. SeniorVice Presient ATKINS NORTH 1MERI A INC, 462 South :Keller Road Orlando, Florida 32810 ANANTt- PR , AI), P. SCr: Dear Mr, Barry:; The Florida Deprtrrrert of Transportation has reviewed your- application for qualifi determined that the data submitted Is adequate to qualliy your firm for the following types coup Group 2 w Project ievelopmen Group 4 4,I,1 4,1.2 4,., 1 ti 4.2,2 4,2.3 d Environmental (BE) Studies Highway Design Roadway irror Highway 'Des ign ajar Fli hwey Desigri ornplex Highway Design - Highway Design - Bridge Isoeltaneous Structures lnor Bridge resign ajor Midge Design - Goneret aor Bridge Deign - Steel ajar Bridge Design - Segm i Group 5 ridge Inspection 5, - onver tional Bridge lr apection - orpie fridge inspection M Bridge Load Rating Group 6 Traffic rrgineering and Operations Studies .1: - Traffic Enginearing Studies 6.2 .. Traffic 'Timing min .5,1 - intelligent Transportation Systems Analysts nd Design , , _ Intelligent Tr°an portation Systems Irr piemenrtetion - Intelligent Transportation Traffic Engineering Systems O . -Intelligent Transportation Systems Software DeveC prrron Group 7 -'Traffic Opera 7.1 Signing; Pav 7. - Lighting 7.3 w ignali afton erns Deis .' nt ivl rl irr+ end h elizt vvri,+.dot n,. rflun ion package and work: Group .2 8,4 y afld Mapping rttt of Surveying Design, Right ofy 84 - Right of Way Mapping' Sure Co on str tctiarr Surveying p 10 - Conotruotio1 Engine erfrlg lnsp ctlon' 10, u Roadway Constructionngin enng 10,3 - Construction Materials Inspection 10,4 - Miter Bridge & Miscellaneous 10, .1 - Major Bridge C l Concrete 1 Q: , - Major Bridge CEI Steel rspeouor Structure C l Cyr a rsgineerirrg Contract Administration and Manage ning 13.3Policy Planning 1 ,.4 Systems Planning 13.E Bubarea/Corridor Planning 13:- Lind Planning/ ngine rin 1 .7 -Transportation Statistics. Group 14 Arohitect r up 1 5 « Landsoapa Architect Croup 21 - A :quislt1on, Ne otiatlorr, Cioa ng, and Order df Tai Croup 24 - Acquisition Rsl oatlon.Assist noa, group 25 - mighsin t of? t1'ay Clearing nd Lea Your Unlimited Notice Qu shall be valid Until epterbr 30, 21:, oom Mrol 31,, 013 overhead audit will be due to triply the Department's requiremE will autornatloally notify your firm 45 to 60 days prior to your update deadline, Can the basis of data submitted the Dopertrnant has approved your aocounfing system and cord id the raise tinted below as accepfble rates for ualifrostlrrr purposes. Facilities Horne/Branoh Mold Capital Cost Overtime Office Office of MoneV Premium l it a Fxperr . Ov rhea i Rate 169.13% 1 :51°r'a g, l4(% Excluded °/o(Hor o 3:27%(1gid)'; nup 11. up 13 ment ing, oh time a yorrr rr overhead audits, rat and utilities excluded from field office rate. Thee costs will bo dtreotlyr reimbursed on con uire the consultant to provide field office. Shoutd you hay ally questions; please feel free to bontoot e t 5 �11 �f i a. lrioe rely., Lorraine E. Odor rofessirral Services> Qualit uatiorr ,dmini trator v�v=rc�rsta:r that CITY OF MIAMI Capital Improvements Program Capital Program Support Services Re -Issue RFQ No. 12-13-016 Addendum No. 1 February 8, 2013 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the above -captioned Request for Qualifications, and shall become an integral part of the Proposal Responses and the subsequent Agreement. Please note the contents herein and affix same to the documents you have on hand. 1. Implementation of Community Business Enterprise ("CBE") Procedures In accordance Section 18-87, The City has established mandatory CBE Participation requirements which are specified in City Code Section 18-87. CIP has established procedures to assist proposers in complying with these CBE Participation requirements. On the left side of CIP Procurements Opportunities and Forms webpage is a link to a new page called CBE Forms/Reports. This page contains links to required City CBE forms, a forms checklist and a Frequently Asked Questions ("FAQ") page with important information as well as active links to the Miami -Dade County website for a listing of CBE certified firms and certification forms. For all additional CBE questions, please use the contact information listed on the CBE forms page. Community Business Enterprise Forms Page: http://dev.miamigov.com/capitalimprovements/pages/ProcurementOpportunities/ProiectPages/CB E forms.asp New forms/reports: (*These documents are not .PDF fillable) • Letter of Agreement (LOA) • Form C-1 — Subconsultants • Certificate of Compliance • A/E Monthly Utilization Report (MUR) • Monthly Utilization Report Instructions • Forms Checklist ➢ Frequently asked questions (FAQ) Capital Program Support Services -Re -Issue required with submittal* required with submittal* required with submittal* ** required after award* 1 Addendum No, 1 RFQ No.12-13-016 ion: Can you please let a know if we arc ably to us tTe reference we previauty submitted for this project Submit reference letters and forms that RFC), Some of these forms, including th and arerequestingadditional information e specifically for he re -issued PS reference letters, have been revised THIS ADDENDUM UMI IS AN ESSENTIAL. PORTION OF TH REQUEST FOR (RFQ) AND SHALL BE MADE A PART THEREOF. ATION +va "odricg , P.,, Assitant Director Epi . improve `° s Program This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission, of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum, NAME OF FIRM: SIGNATURE: DATE: µ .. CITY OF MIAMI Capital Improvements Program Capital Program Support Services Re -Issue RFQ No. 12-13-016 Addendum No.2 February 20, 2013 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the above -captioned Request for Qualifications, and shall become an integral part of the Proposal Responses and the subsequent Agreement. Please note the contents herein and affix same to the documents you have on hand. Revised Forms Form C-1 Sub -consultants and Form RFQ-QT Qualifications of the Team have been revised with text field and checkbox glitches corrected. They are both posted as part of this Addendum. Requests for Information: Question 1 Please confirm that Proposers can request Reference Forms (Form RFQ-PM-R or Form RFQ-PP-R) from City of Miami staff. Answer 1 Yes. Question 2 The RFQ requests that we "disclose, in detail, any and all judgments, suits, claims, arbitrations and back charges asserted or awarded against the Proposer or any proposed Sub Consultant in the past 7 years where the threshold exceeded $100,000." We are a large nationwide firm. Please provide clarification as to whether it would be acceptable to provide the requested litigation information for the prime's submitting office only and/or only for litigation related to the proposed areas of work. Answer 2 Please provide all the requested information for the company. Capital Program Support Services Re -Issue 1 Addendum No. 2 RFQ No.12-13-016 iron Anew Outside of the page restrictions stipulated in the RFQ, please conl there re no page r tions for any other Information included in our proposal to de onstrat ptar gbility to satisfy the, F:FQ requirements All instructions in rgards,to page l in the ection 41 f the f F . Page 4, Section 7, Award of an Agreer errt( j, 3rd paragraph 'Upon award of an Agreement by the City Commission the SUccessfu Proposer(s) is precluded during the term of the Agreement from entering into any other agreements with the City to provide services related to or to be used by the Capital Improvement Program" dill a suboonsuitant and/or CBE subconsultant that is part of the winning eam be precluded from providing services on existing contracts it holds rrid/or on other RF s/RFI s that the Office of Capital improvement Pro oram advertises This appi F'or dctio the Primary Proposer. gerrtent Phan, will the City conldt ximum of pages to address the requested information to fullyrespond to the requirements? Yes, a 3 page maximum is acceptabl THIS AD ENDUM IS AN ESSENTIAL PORTION OF TH (INFO) AND HALL BE MADE A PART THEREOF. BiU T F0' r MATIONS Jeova ray od ' a, uez. P ssistan Capital I wro eats '"ra am This Addendum should be signed and dated by the Propo the submission of Proposals, The Proposer by identifying arid by signing and submission of their Proposal shall serve NAME OF FIRI SIGNATURE: DATE: ervires C:e tSsuu Ad submitted as proof of receipt with addendum number in their Proposal f receipt of this Addendum, re adopted, City of Miami Legislation Resolution: R-14-0443 FiteNumber: A RESOLUTION OF THE •MIAIMII CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ('"PSA") WITH ATKIN S NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $1,OO,OO.00, THEREBY INCREASING THE TOTAL CONTRACTAMOUNT FROM $1,500,000.00 TO AN AMOUNT NOT TO EXCEED $3,000,000.00, ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, City Hall 3500 Pan American Drive i, FL 331 ievcor WHEREAS, pursuant to Resolution No. 13 01 3, adopted May O,2013, the -City Commission authorized the execution of a ProfesSionat Services Agreement ("PSA") with Atkins North America, Inc. ("Atkins'"), for the provision of Capital Program Support Services in an amount not to .exceed 1,500,000.00; and WHEREAS, the original contract capacity has diminished by varied bu based on the volume of work and the complexity of the projects assigned; anc WHEREAS, the current remaining contract balance is not sufficient to cover the costs anticipated for various ongoing projects under the Job Order Contracting Program, as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design ("CAI"') support, and overall administration support for the City's Capital Improvements and Transportation Program; and WHEREAS, it is therefore necessary to execute Amendm irior acing the PSA by a not to exceed amount cif 3t,500,000.00, amount of $3,000,000.0O; and t Na. to the PSA with Atkins, rr a vital not to exceed contract WHEREAS, funds are to be allocated from the appropriate C NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained In the Prea by reference and incorporated as fully set forth in this Section; ection 2. An increase to the PSA with Atkins, far the provision of Cpital'Progrdrn Support ces, in an amount not to exceed $1,500,000.00, thereby increasing the total contract amount 1,500,000,00 to an amount not to exceed $3,000000.00, is authorized, with funds for said increase allocated from the appropriate Capital Improvement Projects. S. pital Improvement Projects; Phi 1"ar 1 d "2 14-010thor h ted Oa: 12/2/20 File Number: 14µ01OO7 Enactment NandcIv R-14-0443 Section 3, The C PSA, ir"t substantially the Section 4, This R+ signature of the lVlayor,t2} y artager is further authorized{1} to execute hed form, for said purpose. ution shall become effective immediately upon i Amendment No, 1 adoption and, he o 'ea tr {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {} If the Mayor does riot sign this Resolution, it shall becomeeffective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commis City tk; Page2 f 2 J i1 Itl; �{-t7 t1tJ (4 rsir�r , 111'rinteel On 2/2/2014 CITY OF MIAMI AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR CAPITAL PROGRAM SUPPORT SERVICES This Amendment No. 1 to the Professional Services Agreement dated May 31, 2013, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Atkins North America, Inc., ("Consultant") a State of Florida corporation, for the provision of Capital Program Support Services for ("Services") for the apitaI Improvements and Transportation ("CITP") Program is entered into this L± day of fe g-14(114 ,201/5 RECITALS WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 12-13- 016, in the total amount of $1,500,000.00 for the Scope of Work included in the original Agreement; and WHEREAS, the original contract capacity has diminished by significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to cover the costs anticipated for various ongoing projects under the Job Order Contracting Program (JOC") as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design (CAD") support and overall administration support for the CITP program; and WHEREAS, it is now necessary to enter into Amendment No.1 with Atkins, increasing the Agreement by $1,500,000.00 from $1,500,000.00 to a final not to exceed amount of $3,000,000.00; and WHEREAS, the City Commission has adopted Resolution No. 14- to approve the corresponding increase in the Compensation Limits; and NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. ARTICLE 2 GENERAL CONDITIONS Section 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 Three Million 1 Dollars ($3,000,000.00) 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. ARTICLE 7 DOCUMENTS AND RECORDS Section 7.05 Maintenance of Records The above Article is amended to additionally comply with changes to Florida Statutes, Chapter 119, the Public Records Act, and is supplemented as stipulated below. These terms and conditions shall become effective upon execution of this Amendment No. 1. "Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements and, (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. (SEAL) ATTEST: To8 B. Hannon, City Clerk I THE CITY OF MIAMI, FLORIDA APPROVED AS TO LEGAL FORM AND CORRE TNESS: By: Victoria Veridez, City Attorn ATTEST: By: CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Daniel J. Al APPROVED AS TO 'NCE RE UIREMENT By Annz-Marie Shar e, Di ec or gk Manager ent D partment CONSULT/ANT Corporate Secretary Rene de los Rios Assistant Secretary (Affix Corporate seaRo"'"44 .444' tlky, ..10A Mithei 7S2,10 %.,4 • 4, 7" *4,,,VVROlitgo 4*. AL : 960 4aflS woo ATKINS NORTH AMERICA, INC., a State of Florida Corporation By. (Signatu71< re) David J. Carter Senior Vice President (Name and Title) City of Miami Legislation Resolution: R-15-0363 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01023 Final Action Date: 9/10/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH ATKINS NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $1,035,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $4,035,000.00; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 13-0183, Request for Qualifications 12-13-016, adopted May 9, 2013, the City Commission authorized the execution of a Professional Services Agreement ("PSA") with Atkins North America, Inc. ("Atkins"), for the provision of Capital Program Support Services in an amount not to exceed $1,500,000.00; and WHEREAS, pursuant to Resolution No. 14-0443, Amendment No. 1, executed February 9, 2015, increased the PSA from the original contract amount of $1,500,000.00 by an amount not to exceed $1,500,000.00 for a total contract amount not to exceed $3,000,000.00; and WHEREAS, the amended contract capacity has diminished by varied but significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to pay the anticipated costs of various ongoing projects under the Job Order Contracting Program; the continued support necessary for Project Management, Construction Management, Computer Aided Design support; and, the overall administration support for the Capital Improvements and Transportation Program ; and WHEREAS, it is therefore necessary to execute Amendment No. 2 to the PSA with Atkins, increasing the PSA by an amount not to exceed $1,035,000.00, for a total contract amount not to exceed $4,035,000.00; and WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An increase to the PSA with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,035,000.00, thereby increasing the total contract amount from $3,000,000.00 to an amount not to exceed $4,035,000.00, is authorized, with funds for said City of Miami Page 1 of 2 File Id: 15-01023 (Version: 1) Printed On: 5/27/2016 File Number: 15-01023 Enactment Number: R-15-0363 increase allocated from the appropriate Capital Improvement Projects. Section 3. The City Manager is further authorized {1} to execute Amendment No. 2 to the PSA, in substantially the attached form, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id:15-01023 (Version: 1) Printed On: 5/27/2016 CITY OF MIAMI CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR CAPITAL PROGRAM SUPPORT SERVICES This Amendment No, 2 to the Professional Services Agreement dated May 31, 2013, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Atkins North America, Inc., ("Consultant") a State of Florida corporation, for the provision of Capital Program Support Services for ("Services") for the .Capital Improvements and Transportation Program ("CITP") is entered into this day of , 2015. RECITALS WHEREAS, the Agreement was entered into pursuant to Resolution No. 13-0183, Request for Qualifications No. 12-13-016, in the total amount of $1,500,000.00 for the Scope of Work included in the original Agreement; and WHEREAS, pursuant to Resolution No. 14-0443, Amendment No, 1, executed February 9, 2015, increased the Agreement by a not to exceed amount of $1,500,000.00, from the original $1,500,000.00 to a total not to exceed amount of $3,000,000.00; and WHEREAS, the amended contract capacity has diminished by significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance Is not sufficient to cover the costs anticipated for various ongoing projects under the Job Order Contracting Program ("JOC") as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design ("CAD") support and overall administration support for the CITP program; and WHEREAS, it is now necessary to enter into Amendment No. '2 with Atkins, increasing the Agreement by $1,035,000.00 from $3,000,000.00 to a final not to exceed amount of $4,035,000.00; and WHEREAS, the City Commission has adopted Resolution No. corresponding increase in the Compensation Limits; and to approve the NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: ARTICLE 2, General Conditions, Section 2.03 Compensation 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, 1 however, that in no event shall the amount of compensation exceed Thr, �T —Mfl1 o Doll rs ($3,000,000.00) Four Million Thirty -Five Thousand Dollars ($4,035,000,00) 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written, THE CITY OF MIAMI, FLORIDA (SEAL) CITY OF MIAMI, FLORIDA, a municipal ATTEST: Corporation of the State of Florida By: By: Todd B, Hannon, City Clerk Daniel J, Alfonso, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Risk Management Department CONSULTANT By: By: Corporate Secretary (Signature) ATTEST: (Print Name and Title) (Affix Corporate Seal) Atkins North America, Inc. 3