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HomeMy WebLinkAbout25083AGREEMENT INFORMATION AGREEMENT NUMBER 25083 NAME/TYPE OF AGREEMENT MOFFATT & NICHOL, INC. DESCRIPTION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT/MISCELLANEOUS MARINE & COASTAL ENGINEERING SERVICES RFQ NO. 19-20-020/FILE ID: 16008/R-24-0228/MATTER ID: 24-997 EFFECTIVE DATE July 16, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/16/2024 DATE RECEIVED FROM ISSUING DEPT. 7/17/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope Ib: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: _Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Cris Lima . NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Moffatt& Nichol, Inc. EXT. 1923 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 1,000,000.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT D EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT • YES j YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT D PURCHASE OR SALE AGREEMENT NO NO OTHER: (PLEASE SPECIFY) A mendment No .1 PURPOSE OF ITEM (BRIEF SUMMARY): Amendment No. 1 to RFQ 19-20-020 - Miscellaneous Marine and Coastal Engineering Services to increase capacity from $500K to $1M COMMISSION APPROVAL DATE: 06/ 18/ Idd24 FILE ID: 16008 ENACTMENT NO.: R-24-0228 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ORM K34TING INFTION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER Reviewed by FVP. OK to proceed. July 8, 2024 Annie Perez CPPO 110:16:05 EDT SIGNATURE: /---DocuSigned by: /7 �'� `` f RISK MANAGEMENT July 8, 2024 Ann -Marie Sharpe Docu gne y: 10:27:35 EDT l SIGNATURE: II ` CITY ATTORNEY Pablo R. Velez on behalf of Matter IDS•' 24-997 (7/10/24) July 10, 2024 yegrie l ortiIl SIGNATURE: B=t@5F25460... "--DocuSigned by: a{ b�� L �II�Sb 0 BUDGET OFFICE Funding will be determined as needed LEM 7/10/24 July 10, 2024 ar' Ge5:4?:In 1 Mi45 EDT SIGNATURE: 88778EgFE88248B... DocuSigned by: ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER1 July 12 , 2024 Larry Spying, CPA 5 EDT SIGNATURE: F8E831-tJ8e5-4g5 DocuSigned by: „ (n' i" Spy ‘--c!02e17213s7E5 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A D4... Barbara Hernandez, MPA SIGNATURE: N/A ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE July 15, 2024 el AI 1 Marrero 10:35:10 EDT SIGNATURE: DocuSigned by: i* LLr0F4A1:19,98.03BA_�. DEPUTY CITY MANAGER July 15, 2024 Nratalsiia fleAocgli-l�/illiams SIGNATURE: DocuSigned by: r �4 I I , CITY MANAGER July 16, 2024 C rl j4 �:§W YDT SIGNATURE: 4B70 ignedb41B. ocu igned by: E' 4n��HH��84870097 CITY CLERK July 16, 2024 IT :43:2 EDT DEA4 DocuSigned by: SIGNATURE: F4&n75nnQcEt45a PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24163 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 AMENDMENT OVERVIEW PSA TITLE: Amendment No. 1 to the Professional Services Agreement with Moffatt & Nichol, Inc. for Miscellaneous Marine and Coastal Engineering Services Contract RFQ No. 19-20-020. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of ® City Manager — Authority level of $500.000,00 ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ® RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): RFQ No.19-20-020 Miscellaneous Marine and Coastal Engineering Services 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. Amendment No. 1 to increase capacity of the Agreement by $500,000.00 for a total not -to -exceed contract value of $1,000,000.00 per Agreement. 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ® YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? R-24-0228 5. WHAT IS THE SCOPE OF SERVICES? The Consultant shall provide full design services, including construction documents, construction administration services, as well as any and all required reports for marine and coastal engineering - related projects. Consultants shall apply for, process, and obtain permits from various environmental regulatory agencies having jurisdiction including, but not limited to, DERM, DEP, and ACOE, as required for City projects. A detailed scope of work will be developed for each work order issued. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? Yes, Moffatt & Nichol, Inc. is one of the firms providing service. Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Same Rates 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Two (2) years from contract execution date of July 23, 2021, with two (2) one (1) year options to renew. 10.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $211,432.00 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statue 287.055 Consultant Competitive Negotiation Act / Evaluation Committee 12.SUNBIZ: Is the Firm(s) a Florida Registered Corporation or a Foreign Corporation (not from Florida)? Moffatt & Nichol, Inc. — Foreign Profit Corporation. Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL, INC. FOR MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES CONTRACT RFQ NO. 19-20-020 This Amendment No. 1 to the Professional Services Agreement dated July 23, 2021 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Moffatt & Nichol, Inc. ("Consultant"), a Foreign Profit Corporation, for the provision of miscellaneous marine and coastal engineering services ("Services") for the Office of Capital Improvements ("OCI") is entered into this 16 day of July , 2024. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 19-20-020, the City Manager executed an Agreement with Consultant for an amount of $500,000.00; and WHEREAS, the current Compensation Limit is insufficient to address the costs associated with the City's outstanding and foreseeable future services; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate outstanding and foreseeable future assignments; and WHEREAS, this Amendment No. 1 to the Agreement increases the capacity of the Agreement by $500,000.00, thereby increasing the award value from $500,000.00 to an amount of $1,000,000.00; and WHEREAS, the City Commission has adopted Resolution No. R-24-0228, to approve the corresponding increase in the Compensation Limits. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.05-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed One Million Dollars ($1,000,000.00) in total over the term of the Agreement including any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act for Continuing Contracts, and other limitations on compensation, as applicable. Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 Amendment No. 1 to the Professional Services Agreement with Moffatt & Nichol, Inc. for Miscellaneous Marine and Coastal Engineering Services. Section 10.20 Counterparts; Electronic Signatures This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81 E845E14 Ann Marie Sharpe, Director Risk Management Department Amendment No, 1 to the Professional Services Agreement with Moffatt & Nichol, Inc. for Miscellaneous Marine and Coastal Engineering Services, IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESSIATTEST: ffNc'� ?,-'-De5 c. t) Jr/tat- OW Print Name, Title ATTEST: See attached Certificate of Secretary Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: ,-DocuSigned by: Todd. Hannon, City Cler b Moffatt & Nichol, Inc. a Foreign Profit Corporat'on Signature Tim Blankenship, Vice President Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida NDocuSigned by: C & 44 L-t& fi448�F}9 EA11S... Arthur Noriega V, City Manager APPROVED AS TO INSUF ANCE APPROVED AS TO LEGAL. FORM AND REQUIREMENTS: CORRECTNESS: --DocuSigned by: DocuSigned by: ms,EsF•[882 SB... George K. Wysong III, City Attorney DS (Matter 24-997 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Amendment No. 1 to the Professional Services Agreement with Moffatt & Nichol, Inc, for Miscellaneous Marine and Coastal Engineering Services. CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the day of , 20_ a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) i HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the — day of , 20, a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Amendment No. 1 to the Professional Services Agreement with Moffatt & Nichol, Inc. for Miscellaneous Marine and Coastal Engineering Services, CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no Joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand thisday of 20 Signed: _ Print: NOTARIZATION STATE OF F I O G ct ) SS: COUNTY OF .M is The foregoing instrument was acknowledged before me this ,IV.h day of Hati..___. , 202j by -i_m It.,.+ 1 m•tr, 11�Ip. #' . who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOT RY PUBLIC ST/ T rue, AIAAN>SA JANE G1.4013 Vatiry ?ub I • Sate of • or1Ca Commission 4H Z'266Z \T a:Fr My Comm. Expires .+n 1, 2026 ( PR NAME OF NOTARY PUBLIC Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 moffatt & nlchol CERTIFICATE OF SECRETARY MOFFATT & NICHOL I, David W. Huchel, hereby certify that I am now and at all times relevant hereto have been the duly elected and acting Secretary of Moffatt & Nichol, a California corporation, (the Corporation). I further certify that Tim Blankenship, Vice President, duly appointed by the Board of Directors, by resolution dated March 27, 2024, is authorized to execute various written agreements and instruments on behalf of the Corporation, which would include the City of Miami and Moffatt & Nichol Professional Services Agreement for Miscellaneous Marine and Coastal Engineering Services (Contract RFQ No. I9-20-020) as well as any amendments hereto and ancillary instruments necessary to affect said Contract. The undersigned does further certify that the foregoing resolution has not been revoked, amended or modified, and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, the undersigned has affixed his signature and the corporate seal of Moffatt & Nichol this 8th day of May, 2024. David W. Huchel, Secretary yttttttlrrrr�� • ' SEAL :.JULY 22, 1057 rtntttt`� (SEAL) Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 8th day of May , 21124 , by David W. Huchel proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) HOLLY J. WICKENHAGEN Notary Public • California Los Angles County g Commission M 2375131 My Comm. Expires Oct 11, 2025 Signature Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Art Noriega V City Manager FROM: Annie Perez, CPPO Chief Procurement Officer/Director of Procurement , Doc uSig ned by: '89540E B73 CAC468... DATE: April 29, 2024 SUBJECT: Capacity Increase to Various Contracts REFERENCES: Request for Qualifications ("RFQ") No. 19-20-012, 19-20-020, and 20-21- 011 RECOMMENDATION By this memorandum, the City of Miami ("City") Department of Procurement ("Procurement") on behalf of the Office of Capital Improvements ("OCI") is requesting to modify the Professional Services Agreements ("PSA") with the following City vendors (collectively the "Consultants"): 1) AECOM Technical Services, Inc., RES Florida Consulting, LLC d/b/a E Sciences, Gannett Fleming, SCS Engineers, Inc., Cherokee Enterprises, Inc., Langan Engineering and Environmental Services, LLC, and GHD Services, Inc., authorized pursuant to RFQ No. 19-20-012 for the provision of Miscellaneous Environmental Engineering Services; and 2) Tetra Tech, Inc, Moffatt & Nichol, Inc., Coastal Systems International, Inc., HDR Engineering, Inc., Cummins Cederberg Inc., and GHD Services, Inc., authorized pursuant to RFQ No. 19-20-020 for the provision of Miscellaneous Marine and Coastal Engineering Services; and 3) Stantec Consulting Services, Inc., Keith & Associates, Inc., CES Consultants, Inc., Metric Engineering, Inc., Jacobs Engineering, Inc., CHA Consulting, Inc., A.D.A. Engineering, Inc., Chen Moore and Associates, Inc., BCC Engineering, Inc., R.J. Behar & Company, Inc., Gannett Fleming, Inc., Calvin Giordano & Associates, Inc., Marlin Engineering, Inc., WSP USA Inc., WGI, Inc., HDR Engineering, Inc., HBC Engineering, Inc., EAC Consulting, Inc., EXP U.S. Services, Inc., and Nova Consulting, Inc. authorized pursuant to RFQ No. 20-21-011 for the provision of Miscellaneous Engineering Services. OCI recommends increasing the contract capacities of said PSAs by $500,000.00 for each firm, for a total contract capacity of $1,000,000.00 each, respectively. BACKGROUND The City entered into professional services agreements with the Consultants for miscellaneous engineering services for City projects. The PSAs were approved through the action of the City Manager in accordance with Section 18-87 of the Procurement Code for an amount not to exceed $500,000.00, respectively. Pursuant to the General Conditions of the PSA, Article 2.05, "Compensation," limits the compensation payable to the Consultants to an amount not to exceed $500,000.00, respectively, unless approved by action of the City Commission and put into effect by a written amendment to the PSA executed by all parties. The PSA further stipulated that no new work orders can be issued to the Consultants that would result in the existing approved compensation limits to be exceeded. The Consultants are actively rendering professional consulting services on various City projects such as complete planning and design services, permitting, construction documents, and post -design management services. Presently, there are over 100 active capital projects being managed by OCI which vary in size and complexity. Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Page 2 — Capacity Increase to Miscellaneous Engineering Services Contracts 19-20-12, 19-20-020, and 20-21-011 Natasha Colebrook -Williams To fulfill the funding needs for current and future projects, additional funding is required to increase the capacities of the PSAs with all the Consultants authorized pursuant to RFCQs No. 19-20-012, 19-20-020, and 20-21-011. Therefore, OCI and Procurement recommend increasing the contract capacities of said PSAs currently under contract from the original $500,000.00 capacity to a new contract capacity of $1,000,000.00 for each Consultant. Your signature below indicates your approval of the departments' recommendation. Approved E Denied DocuSfgned by: a /*it 850CF6C3720042A... Art ivoriega v City Manager May 1, 2024 1 13:18:37 EDT Date: c: Natasha Colebrook -Williams, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Asael "Ace" Marrero, Assistant City Manager/Chief of Infrastructure Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR24114 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 City of Miami Legislation Resolution Enactment Number: R-24-0228 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16008 Final Action Date:611812024 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN CONTRACT CAPACITY BY AN AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), THEREBY INCREASING CURRENT CONTRACT CAPACITY FROM AN AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO AN AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) FOR THE PROVISION OF ADDITIONAL WORK CONCERNING REQUEST FOR QUALIFICATIONS ("RFQ") NO. 19-20-012 PROFESSIONAL SERVICE AGREEMENTS ("AGREEMENTS") FOR MISCELLANEOUS ENVIRONMENTAL ENGINEERING SERVICES WITH AECOM TECHNICAL SERVICES, INC., CHEROKEE ENTERPRISES, INC., GANNETT FLEMING, INC., GHD SERVICES INC., LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, LLC, RES FLORIDA CONSULTING, LLC D/B/A E SCIENCES, AND STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC. D/B/A SCS ENGINEERS, RFQ NO. 19-20-020AGREEMENTS FOR MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES WITH COASTAL SYSTEMS INTERNATIONAL, INC., CUMMINS CEDERBERG, INC., GHD SERVICES INC., HDR ENGINEERING, INC., MOFFATT & NICHOL, INC. AND TETRA TECH, INC., AND RFQ NO. 20-21-011 AGREEMENTS FOR MISCELLANEOUS ENGINEERING SERVICES WITH A.D.A. ENGINEERING, INC., BCC ENGINEERING, LLC, CALVIN, GIORDANO & ASSOCIATES, INC., CES CONSULTANTS, INC., CHA CONSULTING, INC., CHEN MOORE AND ASSOCIATES, INC., EAC CONSULTING, INC., EXP U.S. SERVICES, INC., GANNETT FLEMING, INC., NBC ENGINEERING COMPANY, HDR ENGINEERING, INC., JACOBS ENGINEERING GROUP INC., KEITH AND ASSOCIATES, INC., MARLIN ENGINEERING, INC., METRIC ENGINEERING INC., NOVA CONSULTING, INC., R.J. BEHAR & COMPANY, INC., STANTEC CONSULTING SERVICES INC., WGI, INC., AND WSP USA INC., ALL REGISTERED TO CONDUCT BUSINESS IN FLORIDA (COLLECTIVELY THE "CONSULTANTS"); ALLOCATING FUNDS FROM THE APPROPRIATE DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY CONTRACT CAPACITY INCREASES, AMENDMENTS, RENEWALS, AND EXTENSIONS AND/OR REPLACEMENT CONTRACTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARYAPPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81E845E14 NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") Procurement Department ("Procurement"), on behalf of the City's Office of Capital Improvements ("OCI"), issued Request for Qualifications ("RFQ") No. 19-20-012 for the provision of Miscellaneous Environmental Engineering Services on November 1, 2019, RFQ No. 19-20-020 for the provision of Miscellaneous Marine and Coastal Engineering Services on August 7, 2020, and RFQ No. 20-21-011 for the provision of Miscellaneous Engineering Services on May 7, 2021, all under full and open competition, for an initial term of two (2) years, with an option to renew for two (2) additional one (1) year periods; and WHEREAS, thereafter the December 14, 2020 Evaluation Committee Meeting for evaluation of the proposals received for RFQ No. 19-20-012, that were deemed responsive and responsible per the minimum submission requirements of the same, resultant Professional Service Agreements ("Agreements") were executed with the following seven (7) firms: AECOM Technical Services, Inc., Cherokee Enterprises, Inc., Gannett Fleming, Inc., GHD Services Inc., Langan Engineering and Environmental Services, LLC, RES Florida Consulting, LLC d/b/a E Sciences, and Stearns, Conrad and Schmidt, Consulting Engineers, Inc. d/b/a SCS Engineers; and WHEREAS, after the February 12, 2021, Evaluation Committee Meeting for evaluation of the proposals received for RFQ No. 19-20-020 that were deemed responsive and responsible per the minimum submission requirements of the same, the resultant Agreements were executed with the following six (6) firms: Coastal Systems International, Inc., Cummins Cederberg, Inc., GHD Services Inc., HDR Engineering, Inc., Moffatt & Nichol, Inc., and Tetra Tech, Inc.; and WHEREAS, after the October 22, 2021, Evaluation Committee Meeting for evaluation of the proposals received for RFQ No. 20-21-011 that were deemed responsive and responsible per the minimum submission requirements of the same, the resultant Agreements were executed with the following twenty (20) firms: A.D.A. Engineering, Inc., BCC Engineering, LLC, Calvin, Giordano & Associates, Inc., CES Consultants, Inc., CHA Consulting, Inc., Chen Moore and Associates, Inc., EAC Consulting, Inc., EXP U.S. Services, Inc., Gannett Fleming, Inc., NBC Engineering Company, HDR Engineering, Inc., Jacobs Engineering Group Inc., Keith and Associates, Inc., Marlin Engineering, Inc., Metric Engineering Inc., Nova Consulting, Inc., R.J. Behar & Company, Inc., Stantec Consulting Services Inc., WGI, Inc., and WSP USA Inc.; and WHEREAS, the City Manager executed Agreements for the provision of Miscellaneous Environmental Engineering Services, Miscellaneous Marine and Coastal Engineering Services, and Miscellaneous Engineering Services in an amount of Five Hundred Thousand Dollars ($500,000.00) with each of the firms referenced herein, all registered to conduct business in Florida (collectively the "Consultants"); and WHEREAS, the current compensation limit is insufficient to address the costs associated with the outstanding and foreseeable future services needed by the City; and WHEREAS, it is in the best interest of the City to increase the existing capacities of the Agreements to accommodate outstanding and foreseeable future assignments; and WHEREAS, the proposed increase to the capacity of the Agreements by an amount of Five Hundred Thousand Dollars ($500,000.00) per Agreement, would increase the current capacity from Five Hundred Thousand Dollars ($500,000.00) to an amount of One Million Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Dollars ($1,000,000.00) per Agreement; and WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), any increase in the total compensation limit above Five Hundred Thousand Dollars ($500,000.00) requires City Commission approval; and WHEREAS, funds are to be allocated from the appropriate departmental budgets, subject to the availability of funds and budgetary approval at the time of need; 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 if fully set forth in this Section. Section 2. The increase in contract capacity by an amount of Five Hundred Thousand Dollars ($500,000.00), thereby increasing current contract capacity from an amount of Five Hundred Thousand Dollars ($500,000.00) to an amount of One Million Dollars ($1,000,000.00) for the provision of additional work concerning the respective Agreements executed with each of the corresponding Consultants pursuant to RFQ Nos. 19-20-012, 19-20-020, and 20-21-011, is hereby authorized.' Section 3. Funds shall be allocated from the appropriate departmental budgets, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute any and all documents, including any contract capacity increases, amendments, renewals, and extensions and/or replacement contracts, subject to all allocations, appropriations, prior budgetary approvals, in compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ng 111, C'ty or, -y 6/4/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The authorization herein is further subject to compliance with legal regulations that may be imposed including, but not limited to, those prescribed by the applicable City Charter and City Code provisions. Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 7 3,04 TIME FOR PERFORMANCE........,„ .......... ....... ........... ..... ....... .......... ...,.......,.......... 7 3,06 STANDARD OF CARE,................<...,......,.....................,............................,................,.....................7 StJSCONSULTANTS.....................................................................................,.,.................7 ARTICLE 4.01 GENERAL 4txf Otto,01131.04„..,,,...«................................,....,,................,...........,,.....,,..,.,...,,,,,....,....7 4,02 SUDCONSULTANT RELATIONSHIPS.....................................,....,.,...........,..........,......,........,..................13 4,03 CHANGES TO SUDCONSULTANTS,...................,,..,.......,.,............,.......,..,,,,.,....,.,.,,,...8 ARTICLE9 DEFAULT ..,.,......,,..,.., ......... ........................... ...............................,.,...,.. ..,.,...., ,,. 8 5,01 GENERAL ............ ........... ..................... .......................................................... .................. ...................5. 5,02 CONDITIONS OF DEFAULT 8 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8 ARTICLE G TERMINATION OF AGREEMENT...—. ..... ....... ..... ... . — .... .......... iloo0<...,r 6,01 CITY'S RIGHT TO TERMINATE ..9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9 ARTICLE 7 DOCUMENTS AND RECORDS_ ....... . .................................................. 9 7.01 OWNERSHIP OF DOCUMENTS.. CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Servlco Category Miscellaneous Marine and Coastal Engineering Services Contract Type Continuing Contract Consultant Moffatt &Nichol, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ......................... ..... .................. .... .,.,...,..,,..,., .......... 4 ARTICLE GENERAL CONDITIONS.... ... . ........... .................... — ........... .... ,,....,,.......... ,...,...,..,.,..,.., 2,01 TERM....„.. 6 2,02 OPTIONS TO RENEW 2.03 SCOPE OF SERVICES 6 6 2,04 SMALL BUSINESS ENTERPRISE (''SSE") PARTICIPATION REQUIREMENTS......„ ........... ...... ..... 0 2.05 COMPENSATION 6 ARTICLES PERFORMANCE.. ...... .... ...... ..................................... ....... .... .... ...,.,...,.,.....,, 7 3,01 PERFORMANCE AND DELEGATION 7 3,02 REMOVAL OF UNSATISFACTORY PERSONNEL............... ............ ...... . ............... 3,03 CONSULTANT KEY STAFF 9 7,02 DELIVERY UPON REQUEST OR CANCELLATION 9 7,03 REUSE BY CITY 9 7,04 NONDISCLOSURE.. .............................................................................10 7,05 MAINTENANCE OF RECORDS, PUBLIC RECORDS , ., .................. ...,.10 7,06 E-VERIFY 10 ARTICLE 8INDEMNIFICATION„.....4..........................................................................,...... 11 ARTICLE 9 INSURANCE.............. ..... _ .... ... ....... _ .... ...... .........11 9.01 COMPANIES PROVIDING COVERAGE— ....... „... ................... .............. ........... ........ —.11 9,02 VERIFICATION OF INSURANCE COVERAGE 11 9.03 FORMS OF COVERAGE............ ......... ............................................................................<,1 2 9,04 MODIFICATIONS TO COVERAGE, i .12 ARTICLE 1a MISCELLANEOUS__ .........................................................................................,....,.,12 10.01 AUDIT RIGHTS, INSPECTION................................................................................................................12 10.02 ENTIRE AGREEMENT 12 10.03 SUCCESSORS AND ASSIGNS 12 10.04 TRUTH..IN-NEGOTIATION CERTIFICATE .13 10.05 APPLICABLE LAW AND VENUE OF LITIGATION.— ............ ...... ...................... ..... ..,-13 10.06 NOTICES, .............. ..... ..................... ...,....,,................. .,....... ............,............,....... .,...,.,.....,<..,..13 10.07 INTERPRETATION 14 10.06 JOINT PREPARATION 14 10,09 PRIORITY OF PROVISIONS 14 10,10 MEDIATION WAIVER OF JURY TRIAL ,, 14 10.11 TIME , . , . .........................................................,, ...,.......,,.,...,....,......,..,,.......,...,,.,...,.„14 10,12 COMPLIANCE WITH LAWS .15 10.13 NO PARTNERSHIP.............., ............ "(03 ......................... ............... ff! 41.1.1oowAta,.•01 ....... rot ....... _15 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES ACREENIENT - EXHIBIT 1 10.14 DISCRETION OP DIRECTOR .15 10.15 RESOLUTION OF CONTRACT DISPUTES... ........................................................18 10,16 INDEPENDENT CONTRACTOR ........ .............................................................................. ...........16 10.17 CONTINGENCY CLAUSE 16 10.18 THIRD PARTY BENEFICIARY 16 10,10 ADDITIONAL TERMS AND CONDITIONS 16 10.20 SEVERAt3ILITY 16 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES ..................................Error( Bookmark not doflnad.8 ATTACHMENT A . SCOPE OF WORFC.,,..,...a..................... ................ ......... .....,....., ......,. ..,. rv.4.4 rss4 20 .20 A1.02 WORK ORDERS.,,....,.,..........,............................................ ................ ........... ...... ............ .............. ,....20 A1.03 PAYMENTS . ..a............................................,...................04.40.............. ....,..... ...... ...........,....... ....2.1 A1,01 SCOPE OF SERVICES ARTICLE A2 BASIC SERVICES-- ...... ......... 21 A2.02 SCHEMATIC DESIGN .... .21 A2,03 DESIGN DEVELOPMENT.........................................<...,..................,...........................,........,.....,.......22 A2,04 CONSTRUCTION DOCUMENTS 23 A2.05 BIDDING AND AWARD OF CONTRACT 24 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT...............................24 A2.07 TIME FRAMES FOR COMPLETION 27 ARTICLE A3 ADDITIONAL SERVICES_ .............. ..... — ........... ..... ..... ..... • ..7 A3,01 GENERAL. 27 A3.02 EXAMPLES 27 A3,03 ADDITIONAL DESIGN :........................................,.,...,....,.,..,.,.,,,.,,..........................................,....,28 &RTICLE A4 REIMBURSABLE EXPENSES ............................................. ........... .....,.. ,28 A4,01 GENERAL ..................................................28 A4 02 SUBCONSULTANT REIMBURSEMENTS..................................................................<.,.,,,.,....,.,.......,.....28 ARTICLE A6 CITY'S RESPON§IBILITIES.............. ......................... .............................. ....... .,.....,.,......23 A5,01 PROJECT AND SITE INFORMATION 28 A .02 CONSTRUCTION MANAGEMENT. ... ......................... ............ ........ .............,..... ................ ....... 29 SCHEDULE Al SUECONSULTANTS...,.................................................................... ... .... 30 SCHEDULE A2 — KEY STAFF . ............ .,... ....................,..............Error( Bookmark not defined, ATTACHMENT B --COMPENSATION AND PAYMENTS.......................................,.....,.,.....,.,,,....., 31 ARTICLE B1 METHOD OF COMPENSATION31 81.01 COMPENSATION LIMITS 31 B1,02 CONSULTANT NOT TO EXCEED 31 ARTICLE B2 WAGE RATES .. ....................................................... ............ ............. ........... .....<,......,31 B2,01 FEE BASIS,... ........ .......................................................... 82,02 EMPLOYEES ANDJO8 CLASSIFICATION..S..31 .., ,......,31 B2,03 MULTIPLIER .......... .............................. ................. .............,......... ......... ...... .............. ,...... ..,.....,...,..,,31 C82.04 CALCULATION„ 31 B2,05 EMPLOYEE BENEFITS AND OVERHEAD ..32 132,06 ESCALATION 32 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION ...................... ......... .............. .,.,.,....,.,32 83.01 LUMP SUM.... ............ ............... ..........<................ ,..,,........... .......... .......... ........ ...... ,... .......... 32 83.02 HOURLY RATE FEES....................................................._....._.................... ................. ..... 32 B3.03 REIMBURSABLE EXPENSES. .. ..........,.,,.....,............................ ............... 32 B3,04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES........................................................ 32 B3.05 FEES FOR ADDITIONAL SERVICES ..33 83,06 PAYMENT EXCLUSIONS . . .. .............................................................................33 B3,07 FEES RESULTING FROM PROJECT SUSPENSION 33 ARTICLE B4 PAYMENTS TO THE CONSULTANT ............................. .... ......... ......... .,...,..,,..,..,.,,..,33 B4,01 PAYMENTS GENERALLY.... ...... ...... .......... ......................... ,.......... ........... ................ 33 8402 FOR COMPREHENSIVE BASIC SERVICES 33 B4.03 BILLING - HOURLY RATE 33 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES-- ....... ............. --34 B4,05 DEDUCTIONS ....................................34 ARTICLE B5 REIMBURSABLE EXPENSES—,....— .... .... . .............. ...... ,,..,...., ..,34 B5.01 GENERAL 34 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS............ ............ ................. ...... .............. ............. ,34 ARTICLE 86 COMPENSATION FOR REUSE OF PLATS AND. SPpCIFICATIONS 34 B6,01 GENERAL 34 SCHEDULE B1 — WAGE RATES SUMMARY ........................................................................................... . ..... SCHEDULE B2 — CONSULTANT INVOICE......................................................................................... 37 Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 2 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT - EXHII31T CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL, SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Miscellaneous Marine and Coastal Engineering Services Continuing Contract (RFQ No, 19-20-020) Moffatt & Nichol, inc. 2937 SW 27th Avenue, Suite 101A, Coconut Grove, FL 3133 Section 18µ87, City of Miami Code 19 .0-020 / 2 THIS PROFESSIONAL SERVICES AGREEMENT CPSA" or "Agreement") made this day of In the year 2021 by and between THE CITY OF MIAMI, FLORIDA, hereinafter ca led the "City," and Moffatt & Nichol, Inc., hereinafter called the "Consultant," RECITAL A. The City issued a Request for Qualifications ("RFQ") No, 19-20-020 on August 7,. 2020 for the provision of Miscellaneous Marine and Coastal Engineering Services ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively,as the Solicitation Documents ('Solicitation Documents"), and are, by this reference, expressly incorporated Into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and Incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s), B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287,055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETI-I, that the City and the Consultant, for the considerations herein set forth, agree as follows: Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 3 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PROFESSIONAL BEf..VICES AGREEMENT ->TXNtDIT 1 ARTICLE 1 DEFINITIONS 1,01 Additional Services means any Work defined as such In a Work Order, secured in compliance with Florida Statutes and city Code. 1,02 Attachments means the Attachments to this Agreement, which are expressly Incorporated by reference and made a part of this Agreement as if set forth in full, 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1,04 Basic Services means those services designated as such In a Work Order,. 1.05 City Commission means the legislative body of the City of Miami. 1,0G City Manager means the duly appointed chief administrative officer of the City of Miami, 1.07 Clty or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that Is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. in the event the City exercises Its regulatory authority as a governmental body, the exorcise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement, The Clty of Miami shall be referred to herein as "City," For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined In Section 1.12, 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1,09 Commission means the legislative body of the City of Miami, This has the same meaning as City Commission and Is an abbreviation. 1.10 Consultant means the Individual, partnership, corporation, association, Joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1,11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and Incidentals thereto, 1,12 Department means or refers to the City of Miami's Office of Capital Improvements ("OCO") formerly known as Capital Improvements and Transportation Program ("CITP"), 1.13 Director means the Director of the Clty Departmentdesignated herein who has the authority and responsibility for managing the specific project or protects covered under this Agreement, Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of the Office of Capital Improvements or their authorized designee, 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown Incorrectly, which results in a change to the Services and results In the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction, 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as Intended. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor, 1.17 Key Personnel means Staff positions assigned on a full time basis to the Progran't 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 Clty facility.. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive Issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that the Consultant may begin Work on the Project. Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 4 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT =.I~XHiBIT'1 f,19 Omissions means items that are not shown or included In the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services.. 1.20 Primary Services means those Services considered by Clty to be fundamental to the successful management of the Project as stated in the RFQ, and In Attachment A of this Agreement, 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the Clty. 1,22 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basisthat details the planned financial resources and implementation schedule and strategies for the City's capital projects overa five (6) year period. 1,23 Project means the design, construction, alteration and/or repair, and all services and Incidentals thereto, of a. City facility as contemplated and budgeted by the Clty, The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1,24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper In connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services,' as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control, in the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the Clty Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk. Managernent Director, or their designee, or the individual named by the Clty Manager to administer matters relating to insurance and risk of loss for the City.. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as ,Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant a s required pursuant to Clty Code Section 18-87, 1.30 Subconsultant means a person or organization of properly registered professional architects,. engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1,31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees In the specified professions and job categories assigned to provide services under this Agreement thatjustify and form the basis for professional fees regardless of actual manner of compensation. 1,32 Work means all services, materials and equipment provided. by/or Under this Agreement with the Consultant.. 1,33 Work Order means a document Internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1,34 Work Order Proposal means a document prepared by the Consultant, at the request of the Clty for Services to be provided by the Consultant on a specific phase of a Project, Miscellaneous Marine and Coastal Engineering Services RFQ No.19-20.020 / 2 5 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be for two (2) years commencing on the effective date hereof,. This specified term Is Intended for administrative and budget control purposes and is not to be considered or interpreted as a time limitation, 2.01.1 Extension of Expiration Date: In the event the Consultant Is engaged In any Project(s) on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project(s). New Work Orders shall not be Issued after the expiration date. The Clty, by action of the City Manager or the City Manager's designee, reserves the right to automatically extend this Agreement for up to one hundred eighty (180) calendar days beyond the stated contractterm, in order to provide City departments with continual service while a new agreement Is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, In writing, of Its Intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) calendar day extension may occur, lf, the City and the Consultant are in mutual agreement of such extensions. Extensions shall comply with applicable approvals and regulations, 2.02 OPTIONS TO RENEW The City, by action or the Clty Manager or the City Manager's designee, shall have the optionto renew the original 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's authorization of this Agreement includes delegation of authority to the City Manager to administratively approve said options to renew provided that the compensation limits set forth In Article 2.05 area not exceeded, 2.03 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth In Attachment A, Scope of Work, hereto, which is Incorporated into and made a part of this Agreement. 2.04 SMALL BUSINESS ENTERPRISE (' SBE") PARTICIPATION REQUIREMENTS Prospective Firms rnust (shall) adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%Q) of the contract value to firms currently certified by Mlaml-Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE), In good standing; 2) Piece a specific emphasis on utilizing local small businesses from within the City's Municipal boundaries, For Information on the SBE requirements, visit the Miami --Dade County, Internal Services Department website at http:/fwww,miamidade.govlsmallbusiness/certification-prggrams.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.05 COMPENSATION 2.05-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established In Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed Five Hundred Thousand Dollars ($500,000) In total over the term of the Agreement and any extension(s), unless explicitly approved by action of the Clty Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement, The City may, In its sole and absolute discretion, use other compensation methodologies, The City shall riot have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as It may be amended from time to time, This Agreement, as amended and/or renewed, Is subject to the compensation limits set forth In 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for Continuing Contracts, and other limitations on compensation, as applicable. Miscellaneous Marine and Coastal Engineering Services RFQ No.19-20-020 ! 2 t3 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC 1-00A81 E845E14 PROFESSIONAL SERVICES AGREEMENT, EXHIBIT 1 Z05.2 Payments, Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made In accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. tf the Consultant Is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment a, Schedule 62 - Consultant Invoice, for the submission of Invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCEAND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided In this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02REMOVAL OF UNSATISFACTORY PERSONNEL. Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written Justification as to why that may not occur. All decisions Involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement, 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, In part, based on qualifications of particular staff identified In the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff," The Consultant shall ensure that Key Staff aro available for Work upon request from the City, as long as said Key Staff Is in the Consultant's employ, The Consultant will obtain prior written approval from the Director or their designee to change, or add to Key Staff, The Consultant shall provide Director, or their designee with Information required to determine the suitability of proposed new Key Staff, Director will act reasonably In evaluating Kay Staff qualifications, Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3,04 TiME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed. ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated In the NTP. Time is of the essence with respect to performance of Work under this Agreement. A. reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling Its obligations under this Agreement as stated herein, Such extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3,05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform ail Services In compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, In accordance with best Industry practices, in gathering Information and Inspecting a Protect site prior to the commencement of design,, Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall corrector revise any errors, omissions, and/or deficiencies In Its designs, drawings, specifications, or other Services Without additional compensation. Consultant shall also be liable for claims for delay costs, and any Increased costs In construction, Including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies In its surveys, maps, designs, drawings, specifications or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-2 .0 / 2 1 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-OOA81 E845E14 PROFESSIONAL SERVICES AGREEMENT EXHDSITI 4.01-1 A Subconsultant, as defined in Article 1,28, Subconsultant Is a firm that was Identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is Identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference, 4,Ot.2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director,, entered Into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary fora project or task described under Additional Services, Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4,02 SUBCONSULTANT RELATIONSHIPS 4.02.1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the Clty under this Agreement. 4.02.2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants, The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed In Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change, ARTICLE 5 DEFAULT 5.01 GENERAL if the Consultant falls to comply with any terra or condition of this Agreement or any other Agreement it has. with the Clty, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to It by law, may Immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was In default shall be immediately returned to the City, The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination, in the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the Clty In preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City In the re -procurement of the Services, Including consequential and incidental damages, In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant falls to obtain or maintain the professional engineering certification/ lioensure, insurance or bonding herein required, 5,02-2 The Consultant falls to comply, in a substantial or material sense, With any of its duties under this Agreement, with any terms or conditions set forth In this Agreement or In any agreement it has with the Clty, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Servlces within the time provided orconter±lplated herein or falls to complete the Work in a timely manner as required by this Agreement 6,03 TIME TO CURL~ DEFAULTi FORCE MAJEURf= The Clty, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated In said notice, after which time, the City may terminate the Agreement. The Clty, at Its sole and absolute discretion, may allow additional days to perforM any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated In said notice, without the necessity of any further "action by the City. Miscellaneous Marine and Coastal Engineering Services RFGt No.19-20-020 / 2 8 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PROFESSIONAL SERVICES AGREEMENT - EXHISIT 1 Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term Is interpreted under Florida law, then the Clty may allow an extension of time reasonably commensurate With the cause of such failure to perform or cure, ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (Including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this. Agreement, all charts, sketches, studies, drawings, and other data and/or documents, Including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, fllust be turned over to the Director or the Director's designee, The Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned over to the !Director or the Director's designee within ten (10) business days of termination, Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6,01.1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed In complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its officials or employees, The Consultant has voluntarily acknowledged the applicablllty of this Section by submitting a response to this solicitation, 6,02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, In writing, for cause following breach by the City, If breach of contract has not been corrected wlthln sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall glve the City prior written notice In the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. .03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, Individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement, For the breach or violation of this provision, the Clty shall have the right to terminate the Agreement without liability and, at Its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration pald to undisclosed lobbyists or agents, ARTICLE 1 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files; and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on Incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request; to the Clty at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any Invention developed under thls Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, Including reproducible copies, solely for Information and reference In connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the Clty, shall be Just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.133 REMUSE BY CITY Miscellaneous Marine and Coastal Engineering Services RFQ No, 19-20-020 / 2 9 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVLC S AGREEMENT --EXHIBIT 1 It is understood that all Consultant Agreements and/or Work Orders for new work will Include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant workproducts, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use, The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NONDISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public Information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require ell of its employees, agents, and Subconsultants to comply with the provisions of this paragraph, 7.05 MAINTENANCE OF .RECORDS; PUSLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes, Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the data the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreet'nent and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours, Consultant shall additionally comply with Section 119.0701, Florida Statutes, Including without limitation; (1) Keep and maintain public records required by the City to performs the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copiedwithin a reasonable time at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the. records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall sweet all applicable requirements for retaining public records. Alt records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that Is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUELICRECORDS MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130, THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS ("OCI") WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S, Department of Homeland Security's E--Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and Miscellaneous Marine and Coastal Engineering Services Rro No, 19-20-02012 10 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security`s E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, Its officers, agents, directors, Instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant In the performance of services under this Contract. Consultant shall, further, hold the City, Its officials and/or employees, harmless for, and defend the City, Its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries or damages arising or resulting from the work, unless It is alleged that the City, Its officials and/or employees were negligent, in the event that any action or proceeding is broughtagainstthe City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney, The Consultant expressly understands and agrees that any Insurance protection required by this Agreement or otherwise provided by the Consultant shall In no way limit the responsibility to indemnify, keep and save harmless and defend the City or Its officers, employees, agents and Instrumentalities as herein provided, The Indemnification provided above shall obligate the Consultant to defend, at Its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant, This Indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This Indemnity shall be Interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725,0 and/or Section 725,08, Florida Statutes, as applicable. If any portion of the Indemnity Is invalidated by a court of competent jurisdiction to be Invalid, unenforceable or Illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section, The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly , preserving to the fullest extent possible the intent and agreements of the parties as are set forth In this Section, The Consultant shall require all Subconsultantagreements to Include a provision that they shall Indemnify the City, The Consultant agrees and recognizes that the City shall riot be held liable or responsible for any claims which may result from any actions or omissions of the Consultant In which the City participated,. either through review or concurrence of the Consultant's actions, in reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City In no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars (10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which Is voluntarily and knowingly acknowledged by the Consultant, ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all Insurance required hereunder and the City's Risk. Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance, 9,01 COMPANIES PROVIDING COVERAGE All insurance policies shall be Issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator, All companies shall have a Florida resident agent and be rated at leastA(X), in accordance with A,M. Best Company's Key Rating Guide, latest edition, 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall fUrnlsh certificates of insurance to the Procurement Department end Risk Management Administrator for review and approval prior to the execution of this Agreement, The Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 11 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL .SERVICES AGREEMENT • EXHIBIT Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and In accordance to Insurance Exhibit C contained herein. The. Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of Insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9,03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall Include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder, The coverage shall be written on a.. primary and non-contributory basis with the City listed as an additional Insured as reflected by endorsement CG 2010 11185 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment, 9,03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non.owned autos with a minimal combined single limit of $1,000,000,00 naming the Clty as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9,03-3 Professional Liability insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $1,000,000,00 per claim, $.1,000,000,00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation insurance: The Consultant shall maintain. Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence, 9,03.5 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9,04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, Increases, or changes in the required Insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant In accordance with Article 10.05, Notices, herein, The Consultant shall comply with such requests unless the Insurance coverage is not then readily available in the national market, and may request additional consideration from the Clty accompanied by justification, ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement, The Consultant agrees to furnish copies of any records necessary, In the opinion of the Director, to approve any requests for paymentby the Consultant, The inspection and audit provisions provided for Clty contracts set forth In Section 15-101 and Section 18-102 of the Clty Code are applicable to this Agreement and are deemed as being incorporated by reference herein, 10,02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and Integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered In any respect, at any time after the execution hereof,except by a written document executed with the same formality and equal dignity herewith, Waiver by either party of a breach of any provision of thls Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement, 10,03 SUCCESSORS AND ASSIGNS Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20d020 / 2 12 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa 000uaignEnvelope ID: 1130oC333*r0*44CC'813C1*oA81E845E14 PROFESSIONAL SERVICES AmRFEMENT-EXa1131T1 The performance of this Agreement shall not be transferred In whole or In part, by the Consultant without the written consent of the City, acting by and through Its Clty Commission, It Is understood that a sale of the majorityof the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval, The Consultant's uom|ooa are unique In nature and $ny uon|gnHnonL ua|o transference vv|Umut City Commission approval ahaUbeouuuehnrihoC|iybztenn|nobath|oAgneunnenL The Consultant shall have no raoAu[aa from such termination. The City may mqu|vo bonding, other security, cad0ad 8nano|u| statements and tax returns from any proposed assignee and the execution of an assignmentlassumption Agreement hla form satisfactory to the City Attorney as u condition precedent to considering approval of an assignment. The Consultant and the City each bhndonnqanother, their partners, successors, legal representatives and authorized' uuo|gna to the other party of this Agreement and to the partners, nuomaonoys, legal Paprooentativao,and assigns of such party {Rrespect (gall covenants ofthis Agreement. 10.04 TRUTN~IN-NEGOTIATION OERT|FICATr= ' |ncompliance With tb8Consultant's Competitive Negotiation Aot.for obecompensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current atthe time oyNTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was Increased due to Inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project, 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed In accordance with and governed by the laws ofthe State ofFlorida, Any suitor action brought by any party, concerning this Agreement, or arising outof this Agreement, shall bebrought (n/N/am!-DodeCounty, Florida, Each party shall beer its own Kovn ' Amoo except In actions arising out of the Consultant's duties to indemnify the Glty underArticle 8, Indemnification, herein vvha,nthe Consultant shall pay the O|ty'a ,8aaAnob|e uoomey'o fees In theraVent the City must maintain an mni(on hnenforce the duty toIndemnify the City. 10.00 NOTICES Whenever either party desires to give notice unto the other, such notice must be In m/r|Wng, oonL by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom (t|nintended at the place last specified; and the place for giving of notice shall remain such until It shall have been changed bywritten notice |ncompliance with the provisions ofthis paragraph. For the present, the parties designate the foUmwlingaathe respective places for giving ofnotice: Fmr0(tv Of Miami: Arthur NodegoV City Manager Office ofthe City Manager, City of Miami m 444GVV2n: �Avonue,1U Floor /N|am|.F|orfda.33j3O-i81U Email, ANorloqa namiamiqov,com Phone; 305~416^1025 Annie Perez, CPPO Department ofProcurement, City o[Miami 444SW 2*Avenue, 6thFloor Miami, Florida 3813U-1B1U EmaU: A8nJePormr0,nlianoWoY.aon\ Phone: 305~410-1910 Victoria. M6ndez City Attorney Office ofthe City Attorney, City ofMiami 444 SW 2"d Avenue, 9thFloor Miami, Florida 3313O-1Q1U Miscellaneous Marine and Coastal Engineering Services RrJNo, 1H-2U-U2O/2 ' 13 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa DocuSign Envelope ID: lB6DC333-OF02-44CC-8BC1-OOA8lE845El4 PKOFe,881ONALSERVICES AGREEMENT -EXHIBIT 1 2moU:NctodoMendez0,ndumIqovuOrq PhoOm3O8418'1832' ,with cmphomto: Heutur8ad|o Interim Director Office VfCapital | NsMiami Miami, Florida 3313O-101O EmaU:H8adlaftmiom(qoY.uonl Pho0a�3D5-410-123O For Moffatt &N[cho|.Inc. ` T|nl Blankenship, PE Project Manager Q8378VV27mAvenue, $uKe101A Coconut Grove, FL03133 Ennsd|cT8|ankenship@mmffattn|cho|.nonl Phone:305-23O-1924 10.07 INTERPRETATION The language of this Agreement has been ad to by both parties to express their mutual Intent and no rule of strict construction shall be applied against either party hereto, The headings contained In this, Agreement are for reference purposes only and shall not affect In any way the meaning or Interpretation of this Agreement. All personal. pronouns used In this Agreement shall Include the other gender, and the singular shall Include the plural, and vice versa, unless the context otherwise requires, Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference Is made to a Section or Article of this Agreement, such reference Is to the Section or Article as a whole, Including all the subsections of such Section, unless the reference Is made to a subsection or subparagraph of such Section or Article, 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint Offortthe City and the Consultant and the resulting document shall not, solely as a matter ofjudlclal construction, be construed more severely against one of the parties than any other. 10.09 pFUOFUTY OF PROVISIONS /ythere Isaconflict ur/nconsis(onuybabWo$nanybormstatement, requirementor provisionuf anyeuh|b|t attached hereto, any document or events referred to herefn,, or any document Incorporated Into this Agreement by reference and a terro, statement, requirement, or provision of this Agreement, the term, statement, requIreniont, or provision contained In this Agreement shall prevail and be given offecL 10.10 MEDIATION -WAIVER OFJURY TR/AL |naneffort toengage |nocooperative effort turesolve conflict which may arise during the course Vfthe design and /orconstruction of the subject pnojaut(o).and/or following the completion ofthe p the parties to th|o Agreement agree all disputesdispotes between thorn mho|| be submitted to non-b|Rd|ng M)od|odon prIorto the Initiation of litigation, unless otherwise agreed In writing by the parties. AoertiNed Mediator, who the parties find mutually acceptable, Will conduct any Mediation Proceedings in Mlaml-Dade County, State of Florida. The parties will split the costs of a certified modlator on a 60f60 basis, The Consultant agrees to Include such similar contract provisions In the agreements with all Subconsultants and/or Independent contractors retained for the project(s), thereby providing for non-blndlng medlatlon as the primary mecharilsm for dispute resolution. Each party shall bear their own attorney's fees, In an effort to expedite the conclusion of any litigation, the parties Voluntarily waive their right to jury trial or to file permissive counterclaims In any action arlsing under this Agreement. 10.11 TIME Time Is of the essence In this Agreement,, Consultant shall promptly perform Ita duties under this Agreement and Work Orders pursuant hereto and will give the Work as much pdority es Is necessary to cause the Work to be completed on a timely basis In accordance with this Agreement, All Work shall be performed strictly (not substantially) within the. time limitations necessary to maintain the critical path and all deadline$ established In this Agreement andfor Work. Orders pursuant hereto. Miscellaneous Marine and Coastal Engineering Services RFC>No, 1g`2O-02O/3 14 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT t 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions Including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement, The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement, 10.124 lean-Disoriminatlon:: The Clty warrants and represents that it does not and Will not engage In discriminatory practices and that there shall be no discrimination In connection with the Consultant's performance under this Agreement on account of race,color, gender, religion, age, handicap, marital status, national origin, or sexual orientation, The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, handicap, marital status, national origin or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10..12.2 OSHA Compliance: The Consultant warrants that It will comply with all safety precautions as required by federal, state, and focal laws, rules, regulations, and ordinances, The Clty reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear In accordance with OSHA regulations or if a continuing pattern of noncompliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, laboror services funded by the Clty, Including Titles I and ll of the ADA. (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards, Additionally, the Consultant shall take affirmative steps to4nsure nondiscrimination In employment of disabled persons, 10.13 NO PARTNERSHIP The Consultant is an independent contractor, This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties, The Consultant has no authority to hind the City to any promise, debt, default, contract liability, or undertaking of the Consultant.. 10,14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the Clty shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee,. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between It and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution In the following ,Wanner, The Initial step shall be for the Consultant to notify the Project Manager In writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10,06, Notices. Should the Consultant and the Project Manager fail to resolve the disputa the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as Identified In Article 10,06, Notices, Upon receipt of said notification, the Director of °CI shall review the issues relative to the dispute and Issue a written finding, Should the Consultant and the Director of OCI fall to resolve the dispute the Consultant shall submit their dispute In writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant, Upon receipt of said notification, the Director of Procurement, shall review the Issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, Is required prior to the Consultant being entitled to seek judicial relief in connection therewith.. Should the amount of compensation hereunder exceed $500,000,00, the Clty Manager's decision shall be approved or disapproved by City Commission, The Consultant shall not be entitled to seek judicial relief unless: (I) It has first received Clty Manager's written decision, approved by Clty Commission If applicable; or (ID a period of sixty (60) calendar days has expired after submitting to the Clty Manager a Metalled statement of the dispute, accompanied by all supporting docurnentatlon, or a period of (90) calendar days has expired where the City Manager's decision Is subject to City Commission approval; or (111) The Clty has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 15 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-OF02-44CC-8BC1-OOA81 E845E14 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and Is being engaged to provide services to the Clty as an independent contractor, and not as an agent or employee of the Clty, Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the Clty, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers` Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation Insurance for any employee or agent of the Consultant rendering services to the Clty under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City In this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it Is not intended that any provlslon of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS if a PSA or other Agreement was provided by the Clty and Included In this solicitation for the project(s), no additional terms or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is inviolation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation,. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply If there Is a material breach of this Agreement causing cancelatlon or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed In counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same Instrument, An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shalt be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), whici'r signature shall be binding on the party whose name Is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Miscellaneous Marine and Coastal Engineering Services RFQ No. -20..020 t 2 le Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL seavices AGREEMENT «EXHISIT 1 IN WITNESS WHEREOF, the parties have executed this A reement as of the day and year first above written, WITNESS/ArrEST: ATTEST; Moffatt & Nichol, 1n., FrIgn Profit Corporation gnattite See. a+i-acixsci eiliFjcaft. o v-hvl Consultant Secretary (Affirm Consultant Seal, If available) ATTEST; (Corporate Seal) CITY OF MI I, rnurilcpl corporation of the State of Fl Hannon'61tyFerk Arthur Nor1gV, CIt APPROVED AS TO INSURANCE REQUIREMENTS; Quevedo, Ward: igirg by INitcb2021.06.11 Terry mavapoo, Ann' Marie Sharpe, 'Director Risk Management Department APPROVED AS TO LEGAL FORM ANL) CORRE.CTNESS [Allay *pod by WI, Min, Barnabyl- `.2 :a.L.,21 .07,01 la:oome •000, Victoria Mendez, City Attorney PRV 6/30121 Natter 21-13G7) Miscellaneous Marine and Coastal EngineeringServices APO No, 19.20,020 / 2 17 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa oouuSignEnvelope ID: 1e600333-nF02-4400'8eo1-nm^81s845s14 PFopE.5810NALSERVICES AGREEMENT ' EXHIBIT i CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) | HEREBY CERTIFY that at a meeting of the Board of Directors oy .acorporation organizedandexWdnUundordbo|awnpfU1eStateof _ ,hak1 nnthe _day or _ _ .oresn|uUonwas duly passed and adopted oUthor|zing(Nama) as (Title) of the corporation to execute agreementson behalf of the corporation and providing that their execution thereof, attested by the secretary of the oo'pn/adoD, shall be the official act and dead nfthe corporation. | further certify that said resolution remains /nfU||force and effect, IN VYD-NGSS WHEREOF, ( have hereunto set my handthis _ day of Print: ° CERTIFICATE OFAUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnershlporganized and ax1sVnO under the laws ofthe State of and adoptedauthorizing (Name) as (Dde)^of the partnership hoexecute, agreements onbehalf nfthe partnership and provides that their Mcuhonthereof, attested by a partner, shall be the official act and deed of the partnership, | further certify that said partnership agreement remains infull force and effect. |NWITNESS WHEREOF, | have hereunto set myhand this day of ,20 . Partner: Names and addresses of partners: Street Address Zip Miscellaneous Marine and Coastal Engineering Services RFQNo. 19-2O-D2O/2 18 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFEa8ICNAL SERVICESENT- EXHIBIT CERTIFICATE OF AUTHORIlY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement Indicating that the person signing this Agreement Is authorized to sign documents on behalf of the joint venture, If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREf3Y CERTIFYthai, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Signed: Print: NOTARIZATION STATE or COUNTY OF 1'1 IarN "rho foregoing Instrument was acknowledged before me this 1 S4—day of a . 20 9-1_, by —1-i'MO4-301 V-• . Fo,..c\Nr,e.ralip, who Is personally known to me or who has produced as identification and who (did / did not) take an oath. S NATU I H I RI TARY PUB IC PRINTED, STAMPED OR TYPED NAME OP NOTARY PUBLIC Miscellaneous Marine and Coastal Engineering Services AMANOA J CAPARRO Wary Pubilr. Stale of- Florio • ' CoomisolortM CO 10020 My Comm. EvIres Dec.18, 2021 .1,X0‘.‘ Niv-vy AG5n, RFQ No. 19-20-020 / 19 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 f'RQr%E991ONAL SERVICES AGREEMENT -Mil 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced engineering firm to provide Miscellaneous Marine and Coastal Engineering Services, under the direction of the Office of Capital Improvements ("(ICI"), and in accordance with all applicable laws, building and environmental regulations, including coda requirements for the State of Florida, Miami -Dade County, and the City, and the Scope of Services contained in this RFQ, The Proposer and its Subconsultants must be able to perform every element and task Included in, but not limited to, those outlined in Section A1.01, "Scope of Services," The. Consultant has been selected In accordance with Section 287.056 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide full design services, including construction documents, construction administration services, as well as any and all required reportsfor marine and coastal engineering -related projects. Consultants shall apply for, process, and obtain permits from various environmental regulatory agencies having jurisdiction Including, but not limited to, the Miami4Jade County Division of Environmental Resources Management ("f RM"), Department of Environmental Protection ("DEP°")and Army Corps of Engineers ("ACHE"), as required for City projects.. The Professional Service Agreement (PSA or Agreement) may detail the deliverables that will be required of the Consultant, A detailed scope of work will be developed for each work order issued, Projects will typically be Issued on a rotational basis factoring In amount of dollars awarded to any member of the pool as a result of this solicitation, performance of previous workorders issued, and expertise and experience to assume new work orders to be assigned, It is anticipated that the Proposer's team will consist of the following disciplines: • Marine and Coastal Engineering (as it relates to general marine and coastal engineering work); • Environmental Engineering (as Itrelates to general marine and coastal engineering work); and • Miscellaneous Consultants as needed, Including a Professional Geologist, a Certified Hydrologist, and a Geotechn!cal Manager, The Successful Proposer shall provide one or more of the services listed below, among others, in an on- going and as -needed basis with respect to various project sites to be Identified by the City, Further details concerning the Scope of Services are contained in the Agreement for Miscellaneous Marine artd Coastal Engineering Services, included as part of this REQ, and will be further specified and clarified in Work Order Proposals solicited as project sites are identified: * Complete planning, permitting, and design services; Biological and environmental assessments of coastal areas; Bathometric and upland surveys, geotechnical; • Evaluation of proposed alternatives, public meetings, detailed assessments and recommendations, cast estimates, opinions of probable construction cost; • Review of Work prepared by Subconsultants and other consultants; • Field investigations and observations; ri Project management of multi -scare marine and coastal engineering planning and design projects, including management, coordination, and oversight of the work of other consultants; and Post design services, construction administration, end other related Services as needed to complete the Project, A1.02 WORK ORDERS When OCI has determined that the Project Is to proceed, the Director or authorized designee will request In writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant In writing by the Director or designee. The Consultant and Director or designee, and others, If appropriate, may have preliminary meetings, If warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents... Miscellaneous Marine and Coastal Engineering Services RFC No. 1.9 0-020 / 2 20 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROMSSIONA[, SERVICES AGREEMENT EXFIIS11' 1 The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal, Upon acceptance of a Work Order Proposal, OCI will prepare a Work Order that will ba reviewed by OCI staff and the Director or designee. Upon approval, OCI will Issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee, A1A3 PAYMENTS The City will pay the Consultant iri accordance with provisions and limitations of Attachment B, Compensation and Payments, No payment will be made for the Consultant's time or services In connection with the preparation of any Work Order Proposal or for any Work done In the absence of an executed Work Order, NTP and/or Purchase Order, ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete engineering services as set forth In the tasks enumerated hereinafter, In accordance with the Florida Building Code, latest edition,all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement, Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been approved, In writing, by City, and an Authorization to Proceed with the next task has been issued by City, Consultant issolely responsible for the technical accuracy and quality of their Work, Consultant shall perform ell Work in compliance with Chapter 471 of the Florida Statutes and Rules 01G15 18 through 6101 -37 of the Florida Administrative Code. Consultant shall perform due diligence, in accordance with best Industry practices, in gathering Information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications or other Services, Consultant shall also be liable for claims for delay costs, and any Increased costs In construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies In its designs, drawings, specifications or other Services. A2,01 DEVELOPMENT OF OBJECTIVES A2,01-1 Consultant shall confer with representatives from the City, the Project Manager, end other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01.2 Consultant shall, utilizing a compilation of available documentation, confer With representatives from the City, the Project Manager, and other jurisdictional agencies In order to comprehensively identify aspects of the completed facility program that may require further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the Items that need further development will be called Conceptual and the remaining Items will be called Designs. A2.01.3 Consultant shall prepare written descriptions of the various options and shall participate in presentations to multiple groups explaining alternative options, Sufficient detail shall be provided to support the presentation materials, A2.01.4 The Consultant shall hire the appropriate subcontractor to provide surveying services which are not in-house. Such surveys shall Include the location of all site structures Including all utility structures and facllltles,The Consultant shall also engage a soil testing firm to perform soil borings and other tests required for new construction work, The extent to which this work will be needed shall be based on the surveying and soil borings performed previously by the City, Cost of the surveyor anti soil .engineering firm shall be billed as reimbursable expenses, A2,02 SCHEMATIC DESIGN A2.02-1 Consultant shall prepare and present, In writing and at an oral presentation if requested, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, Miscellaneous Marine and Coastal Engineering Services RFQ No.19-20-020 / 2 21 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROF IONAG SERVI NT -EXHIBIT 1 including an Identification of any special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development Schedule and review of Constructabillty Review reports, A2,02 schematic Design Studies consist of slte plan(s), floor plans (where applicable), elevations, sections, and all other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole, The floor plans may be single -line diagrams, A simple perspective rendering or sketch; model or photograph thereof may be provided to further show the design concept, A2,02-3 A Statement of Probable Construction Cost, prepared in Construction Standard index (CSI) format, to Include a summary of the estimated project cost and an evaluation of funding allocation, Such summary shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and construction contingency, Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar project unit costs. Costs shall be adjusted to the projected bid date, Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, In the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope, Any "Statement of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost In Consultant's best judgment as a professional familiar with the local construction Industry. A2,02.4 The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. A2.02.5 Constructabllity Review reports shall be conducted by the City and/or Its consultants at design stages deemed necessary by the Project Manager, The Consultant shall provide five additional deliverable plan sets for distribution, by the Clty, to others for this purpose. There shall be an established deadline for review report: submission back to the City. The Consultant shall provide written responses to all comments within two weeks and shall maintain files of all- related review reports and response reports. If necessary, the Clty may coordinate Constructabllity Review meetings with some or all the reviewers with the Consultant present to discuss specific issues. in addition to the Constructabllity Review process mentioned above, the City reserves the right to conduct a Peer Review of the project documents at any design stage, Cost of such a Peer Review would be borne by the City. Any findings as a result of said Peer Review would be addressed by the Consultant, and if requested by the City, would be Incorporated Into the design documents, at no additional cost to the City and no extension ofttme to the schedule, A2,03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing, rind at oral presentations, if requested, for approval by City, separate Design Development Documents updated Project Development Schedules, updated Statements of Probable Construction Costs and a review of Constructabllity Review reports. A2.03.1 The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections), outline specifications, and other documents. A2.0.2 Design Development consists of continued development and expansion of architectural and/or civil Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of each element through: It Plan sections and elevations Typical construction details Final materials selection I Construction phasing plan A2.03-3 The updated Development Schedules shall show the proposed completion dates of each milestone of each Project through design, bidding, construction and proposed date of occupancy, Consultant will alsodetail all long lead procurement items and architecturally significant equipment that Will need to be purchased prior to the completion of Construction Documents, Miscellaneous Marine and Coastal Engineering Services RFQ No, 19-20-020 / 2 22 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PRO FEB`SIONAL SERVICES AC3REE1YIENI- EXHIBIT 1 A2.03.4 Provide updated Statements of Probable Construction' Cost, If either statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project In order to bring the estimated costs within allocated funds.. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. A2.03-5 Constructabllity Review reports, A2,04 CONSTRUCTION DOCUMENTS From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final. Construction Documents setting forth all design drawings and specifications needed to comprise a frilly biddable, perrnittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following 1, A Drawing Cover Sheet listing an indexx of all number of drawings by each discipline, Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. The updated Project Development Schedule to Include an outline of major construction milestone activities and the recommended construction di.iration period in calendar days, An updated Statement of Probable Construction Cost In CSI format, ■ Consultant may also be authorized to include in the Construction Documents approved additive andfor deductive alternate bid items, to permit City to sward a Construction Contract within the limit of the budgeted amount. A Protect Specifications Index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include ail sections of Divisions '0" and „1", Consultant shall include, and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost, Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions Indicated on the documents and make all changes to the documents necessary in response to the review commentary, The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to ail review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the drawings and specifications, and one digital copy in .p'dfformat. A2,O4.1 Maximum Cost Limit: Prior to authorizing the Consultant to proceed With preparation of Construction Document Development, the City shall establish and comnnunicateto the Consultant, a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist inthe re -bidding of the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed ten (10%) percent of the Maximum Cost Limit. A2,04.2 Dry Run Pormltting: The Consultant shall file and follow-up for approval of building permits at the earliest practicable time during the performance of the Work, for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract With the City, and shall assist in obtaining any such applicable certifications of permit approval by such Miscellaneous Marine and Coastal Engineering Services RFQ No. 19.2O 020! 2 23 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa onuuGignEnvelope ID: 1a600333-OF024400-8ao1-OnA81s845s14 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 authorities prior toapproval byG[TPcfthe Anal set and printing ofthe Construction Documents. The Consultant shall promptly, ato time during the performance of the Work hereunder, advise the of any substantial increases in costs set forth In the Statement of Probable Construction Cost that in the opinion nYthe Consultant |ocaused bythe roqu|nsmenKo)o/such, ' Upon completion 0fdry run permitting, Consultant shall provide onpodofthe seven (7)copies bobe subrn|tted. five (6) full size noo|ad onp|ea o[the drawings and specifications. CnDoV|tont shall also provide digital Ymro|nns of the drawings In .dwg. pit, and . dfforMooto. The opoo|OooUon additional terms and conditions shall beprovided 1nboth .pdfand .dooformats" A2.85 BIDDING AND AWARD OFCONTRACT A2.054 Bid Documents Approvals and Printing: Upon bto| |n all necessaryapprovals of the Construction Documents, -from authorities having jurisdiction, acceptance by the City of tha100% ConotruoUnnOnounoantoond|otosLGtohyrnanto[Pnobab|oConstnQoUnnCnot.theCbnoultontoho|| oaa|ot the City |nobtaining b/do preparing andawarding the construction contract, The. Citfor bidding purposes, will have the bid dnou printed, or, atIts own discretion, may authorize such printing osoreimbursable service tothe Consultant, A2.05^2 Issuance nfBid Documents, Addenda and Bid Opening * The City shall Issue the Bid Documents to prospective bidders and keep a complete List otBidders, " The Consultant shall assist the City Inthe preparation ofresponses tnqUooLkznoifony are n$quked during the bidding period, NI addendum or u|odfiuoUnna, or maponuaa shall baIssued bythe C|ty" * 'rho Consultant shall prepare revised plans, |[ any are required, for the City huIssue to all prospective bidders, w The City will schedule o"Pna-B|dMeeting" ononaoneeded basis, for the PndmcLThe Conau||oni oho|/ attend all any pro-bk1 OnoaUng(s) and require attendance of 8uboonuu|b»nbsoLsuch meetings. ^ The Consultant will bepresent atthe bid opening, )yrequested bythe City, 42.06'3 Bid Evaluation and Award: The Consultant shall 000iut the City In evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the TotalAilocated Funds for Construction, the City may'.- * Approve onIncrease |nthe Project cost and award oOnnhnd; ° Reject all bids and m~bldfhe Project within o nuoaVnob|e time with no #honQa In. the Project oradditional compensation huthe Consultant; m Direct the Consultant to revise the scope and/or quality of construction and rebid the Project, The Consultant shall, vy|thn0t odd|UnnoY oornponooUon, modify the Construction Documents oonecessary tobring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget, The C|h/ may exercise such option where the bid price exceeds iO% of the Fixed Construction Budget provided to the OnnoU|ton< and as may be modified by the City and the Consultant prior tosoliciting bids, v Suspend, Pr oject, NOTE; Regarding scope revisions, the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A2.06^1 The Construction Phase will begin with the award zf the construction contract and will end when the Consultant has provided tothe Cityall post construction documents, Including ContractorAs- Builtdrow|n o, the Consultants record drawings, warrantees, guarantees, opanoUoDo| manuals, and CeM|Uomte(s)ofOccupancy have been delivered tothe City and the City approves theAno|poynnort, to the Consultant. During this period, the Consultant uhoU provide odn1|p(otmUon of the construction contract onprovided bythis Agreement, and ooprovided bylaw, Miscellaneous Marine and Coastal Engineering Services RFQNo. 18-20-02O/.2 �4 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL, SERVICES AORE A1i*N EXMISIT 1 A2,09-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided In the Cenerat Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.o6 a The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a Minimum on a weekly basis, and at ail key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field Inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding In accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on th e progress the Work, Including any defects and deficiencies that may be observed in the Work, The Consultant and/or Subconsultants will not be required to make extensive inspections or provide continuous daily on - site inspections to check the quality or quantity of the Work unless otherwise set forth In this Agreement, The Consultant will be responsible for writing minutes of all meetings and field inspections report It is asked to attend, as well as the distribution of the minutes, The Consultant and Subconsuitants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, The Consultant and his/her Subconsultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work In accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2,06-4 The Consultant shalt furnish the City with a written report of all observations of the Work Made by the Consultant and require all Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms furnished by the City, and shall submit them In a timely manner, The Consultant and the Subconsultants shall ascertain that the Work Is acceptable to the City. The Consultant shall assist the City In ensuring that the Contractor Is making timely, accurate, and complete notations on the"as-built° drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services, The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result In a proportional reduction In Construction Administration fees paid to the Consultant, A .O+- • Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based o n the pay for performance milestones and shall recommend approval of such amount as appropriate, This recommendation shall constitute a representation by the Consultant to the City that, to the best of tha Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work Is in accordance With the contract and the Contractor is entitled to amount stated on the requisition subject to; A detailed evaluation of the Work for conformance with the contract upon substantial completion; The results of any subsequent tests required by the contract; • Minor deviations from the contract correctable prior to completion; ▪ Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition. site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a Written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared Immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor, By recommending approval ofa Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. Mtscetlaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 26 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICE AGREEMENT'w4XHIF. IT 1 A2.06•6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there under, The Consultant shall render interpretations necessary for the proper execution or progress of the Work u pon written request of either the City or the Contractor, and shad render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters In question between the City and the Contractor relating to the execution or progress of the Work, Interpretations and decisions of the Consultant shall be consistent with the Intent of and reasonably Inferable from, the Contract Documents and shall be In written or graphic form A2,06.7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents, Whenever, in his/her reasonable opinion, the Consultant considers It necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special. Inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated andfor delivered to the Project, or Installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFls and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements, The Consultant shall have a maximum of ten (10) caiendardays from receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments Indicating either approval or disapproval, The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute 2113.70, A2,00.9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City and shall review and recommend action an proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, hisfher recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2,06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion Inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance For Substantial Completion after first ascertaining that the Project is substantially complete In accordance with the contract requirements. The Consultant shall In conjunction with representatives of the City and the Contractor prepare a punch fist of any defects and discrepancies In the Work required to be corrected by the Contractor in accordance with Section 218.735, Florida Statutes, Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor, The Consultant shall obtain from the Contractor upon satisfactory completion of all Items on the punch list all necessary closeout documentation from the Contractor, Including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of lions/claims and such otherdocuments and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be Issued to the Contractor, A2,00-11 The Consultant shall monitor and provide assistance in obtaining the Cotntractor's compliance with the its contract relative to 1) initial instruction of City's personnel In the operation and Maintenance of any equipment or system, 2) Initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City, A2,06-12 The Consultant shall furnish to the City the original documents, Including drawings, revised to "as -built" conditions based on Information furnished by the Contractor; survey, and specificcondltion, In preparing the "as -built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, Including the Contractor's record drawings. Any certifications required under this Agreement including the contents of "as -built" documents are conditioned upon the accuracy of the Information and documents provided by the construction contractor, Transfer of changes made by "Change Authorization", "Change Order", "Request for Information", substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate Into the "as-buiit" and record Miscellaneous Marine and Coastal Engineering Services RFC No, 19-20-020 / 2 26 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa PROFESSIONAL S�RVICeGAGREEMENT ^EXH documents, Changes made |nthe field tosuit ftoldoondblonn orotherwise made bythe Contractor foe Its convenience shall be Marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant, 'rho original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all'dther ffnar documents wIll be furnished to the City free of charge by the Consultant, A2.06-13 The Consultant shall review the Contractor's 'as built" drawings and submit them to the City upon approval by the Consultant. The Contractor Is responsible for preparing the 'as built" drawings, /k2.08~14 The Consultant gho|| furnish to the City a simplified site plan and floor plan(B) reflecting "an-buUt"conditions With graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, footage of each floor and all fonts used /n the drawings, Two uobm of drawings shall bofurnished on24"x 3O"shoots and one electronic copy. AZiS The Consultantahal[aou|ntMhoC)hy|nthVcomp|ut|onof{hoCoUtraVbr'8porhormonoo uva|UaUondudngcunakmct|onVvodkanduponfina|oo0p|uUonoftheprojoct. &2,07 TIME FRAMES FOR COMPLETION Time bmnnao 0orVomp|oOon of the uavoru/ steps required to complete any given uyn(gUnlont. from Dovu|opmuntcfObjectives through and IncludingConstruction Contract Administration, will bodetermined ntthe time each Work Order |oassigned tothe Consultant bythe City, AR7/CLEAo ADDITIONAL SERVICES A3.01 GENERAL Services uut$ | d below as "Additional Services" may be apaoiOod and authorized by City and eiru normally considered tobobeyond the scope ofthe Basic Services. Additional 8e[v|caashall either be Identified In a Work Order or shall be authorized by prior written approval of the Director crr City Manager and will becompensated for ooprovided |nAttachment 0,Article B3.OS.Fees for Additional Services, A3.02 EXAMPLES Except as may bespecified |n Schedule haoa|n. Additional Services may Include, but are not ||m|bad to theYuUovv]ng� A3.02'1 Appraisals: Investigation and nmallon of detailed appraisals and valuations of existing facilities, and surveys or Inventories In connection With construction performed by City, /k3.02.2 Specialty Desiorl: Any additional special professional services not Included In the Scope ofWork. A3.02~3 Pm^Dem|0u SonneVo & Testing: Environmental invouUgaUUnn, site uVe|ueduno^ or comparative studies Pfprospective sites, Surveys ofthe existing structure required tocomplete as -built documentation are not additional services, A3.02-4 Extended Testinq & Training: Extended assistance beyond that provided under Basic Services for the inIUa| start-up' testing, adjusting d balancing of any equipment or system,* extended training Coperation and maintenance ofaqU/pmuntondsystems, and consultation during such training; and preparation of operating and maintenance monuols, other than those provided bythe Contractor, oub~conhaohor, orequipment manufacturer. A3.02^S RoV(m|ons� Making major revisions to drawings and specifications [nnu|Ung In or from a change in Scope of Work, when such revisions are Inconsistent with written approval$ or Instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement ofspaces and/or scheme and/or any significant portion Lhenaon. A3.02-8 ExpertyVitnemm!Prepodngtuaemaoraomingesana%porivx|tnuay/ncnnUeoUonVv|th any mediation, arbitration or legal proceeding, providing, hovvover. that Consultant oannottuntJfv against City k1any proceeding during the course ofthis Agreement. A3.02~7 N1|aooOenemmm| Any other services not otherwise Included In this Agreement or not customarily furnished in accordance with generally accepted omh|toctUra|/ong|nuodngpnooUoo related toconstruction. Miscellaneous Marine and Coastal Engineering Services FlPQNo. 1Q-2O^O2O/2 27 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROI 8 I0 L SERVICES AGREEMENT - EX BIT A3,03 ADDITIONAL DESIGN The City may, at Its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and Items authorized by the City In addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01.1 Communications Expenses: Identifiable communication expenses .approved by the Project Manager, long distance telephone, courier and express mall between the Consultant's Various permanent offices and Subconsultants. The Consultant's field .officeat the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01,2 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant's part of the work, set forth In this Agreement. A4.01.3 Geotecttnical Investigation: Identifiable Soli Borings and Reports and ,testing costs approved by the Project Manager. A4,01.4 perfnit Fees:All Perrnit fees paid to regulatory agencies for approvals directly attributable to the Project, These permit fees do not Include those permits required to be paid by the Consultant, A4.01.5 Surveys: Site surveys and special purpose surveys When pre -authorized by the Project Manager. A4.01-6 Other: items not Indicated In Article A4, Reimbursable Expenses, when authorized by the. Project Manager, A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the Items described above when the Subcons ultant`s agreement provides for reimbursable expenses and when such agreement has been previously approved, In writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement, ARTICLE A5 C1Ty`S RESPONSIBILITIES A5,01 PROJECT AND SITE INFORMATION City, at its expense and Insofar as performance under this Agreement may require, may furnish Consultant with the Information described below, or, if not readily available, may authorize Consultant to provide such Information as an Additional Service, eligible as a Reimbursable Expense. A5.01.1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A..01-2 Soil Borings, Geotechnical Testing Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, If required, an appropriate professional Interpretation thereof and recommendations, Consultant shall recommend necessary tests to City, A5.01-3 General Prg[ect Information', Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program pursuant to ArticleA2.02, Schematic Design. A6.01.4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as-bullt availability, However, such drawings, If provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field Investigations as necessary In accordance with Article A2.01, Development of Objectives, to obtain sufficient Information to perform Its services, Investigative services in excess of"Normal Requirements," as defined, must be authorized to advance, Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 28 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 ROFESSIONAL SERViC S A3REEMENT - I XHII IT 1 A5.01-5 Reliability; The services, Information; surveys and reports described In Articles A5.01-1 through A5,01-4 above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such Information to determine If additional information and/or testing Is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5A2.1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction Work by the Contractor, A5,02.2 If City observes or otherwise becomes aware of any fault or defective Work In the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant, END OF E T1ON Miscellaneous Marine and Coastal Engineering Services Ri=Q No.19.20-020 / 2 29 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT EXHIBIT 1 ATTACHMENT A SCHEDULE Al SUBCONSULTANTS FIRM NAME CONSULTING FIELD Conemco Engineering, Inc. dba Conemco Consultants eatechnicat Engineering S -Sciences, Inc, F3tooIcaI and Environmental Olin Hydrographlc Solutions, tnc, Topographic and Hydrographic Survey SCHEDULE A2 - KEY STAFF NAME JOB LASSIFICATION Tim Blankenship, PE Prolect Manager Nicole Paul PE Lead Marine and Coastal Engineer Yong Chen, PE Sr. Marine and Coastal Engineer J. Todd Kennedy, PH Hydrologist Jose A. Cameras, PE Geotechnical Manager Stephen J. Crotty, PG Environmental Site Assessment Specialist Miscellaneous Marino and Coastal Engineering Services RFQ No. 19-20-020 / 2 30 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROF( SSIONAI,'SER.VICEB AGREEMENT- Exl-iI IT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the foliowing methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant, a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3,02, Hourly Rate Fees, and at the rates set forth pursuant to the same. 81.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified In Article 2,05.1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement, Under no circumstances will the City have any liability far work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an Increase to the Agreement and put into effect via an Amendment to this Agreement. B1,02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense, 8RT1CLE B2 WAGE RATES 13,01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director,. The averages of said certified Wage Rates are summarized in Schedule al - Wage Rates Summary Incorporated herein by reference, Said Wage mates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant 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 - Wages Rates Summary Identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These Include architects, engineers, landscape architects, professional Interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels, B2.03 MVIULTiPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2,4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, Including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee tirne or travel and subsistence not directly related to a project, B2,04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and protected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 w Wage Rates Summary, Miscellaneous Marine and Coastal Engineering Services RFQ No,19-20-02g / 2 31 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PR©rtx8SIONAL BERVICE9 AI WENT EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the Clty shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e,g, sick leave, vacation, holiday, unemployment taxes, retirement, medical, Insurance, and unemployment benefits), and an overhead factor, Failure to comply with this section shall be cause for termination of this Agreement. B2.0ti ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the. Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must, be mutually agreed upon in writing by the City and .the Consultant and stated In a Work Order. Lump Sum: compensation Is the preferred method of compensation. 83.01n1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated, B3.01.2 Modifications to Lu; p Sum: If the Clty authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01.3 Lump Sum Compensation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses, Prior to Issuing a Work Order, the City may require Consultant, to verify or justify Its requested Lump Sum compensation. Such verification shall present sufficient Information as depicted in Attachment A, Schedule A2 • Key Staff. B3.02 HOURLY RATE FEES B3,024 Hourly Rate Foes: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees Identified In Schedule 131, Alt hourly rate fees will Include a maximumnot to exceed figure, Inclusive of all costs expressed in the contract documents. The Clty shall have no liability for any fee, cost, or expense above this figure. B3,02 2 Conditions for Use: Hourly Rate Fees shall be used only In those Instances where the parties agree that It is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order Issuance. Hourly Rate Fees may be utilized for Additional Work that Is similarly indeterminate. In such cases, the Clty will establish an Allowance In the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not Include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc,, reproduction of drawings and specifications (above the quantities set forth In this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the Clty 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 Clty 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, 83.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES Miscellaneous Marine and Coastal Engineering Services RFQ No. 19-20-020 / 2 32 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 IONAL SERVICES AGREEMENT + EXI-II 1 The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services, The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant, B3,05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable, The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at fttps://www.miamigov,corn/Government/Departments-Organizations/Office-of Capital -Improvements. The wtbpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3,05.1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit, B3.05µ2 Procedure and Compliance: An. Independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper Itmit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws, B3.05.3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not Include additional charges for office rent or overhead expenses of any kind, including focal telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc„ reproduction of drawings and .specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project, For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1,0) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City, B3,07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or iri part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspensbn or; termination. if the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE 84 ,PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Baslo Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsuttant fees and Reimbursable Expenses shall be billed to the City In the actual amount paid by the Consultants The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an Invoice(a) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice, B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation Indicated below for each Phase. B4.03 BILLING — HOURLY RATE Miscellaneous Marine and Coastal t rigineering Services RFQ No. 10-2020 / 2 33 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PRQFIroS li7lAL SERVICES AG EMErfl } Invoices submitted by the Consultant shalt be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duty certified Invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a projector task. To the sum thus obtained, any authorized Reimbursable Services Cast maybe added. The Consultant shall attach to the Invoice all supporting data far payments made to and Incurred by the Subconsultants engaged on the Project, In addition to the Invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the .Project development and the total estimated fee to completion„ 84.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed, When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director', a duly certified Invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sumthus obtained, any authorized Reimbursable Services Cost may be added, The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task, In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4,05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors, ARTICLE. B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants In the interest of the Work for the purposes identified below: B5,01 »1 Transportation. Transportation shall not be considered as reimbursable expenses under this Agreement, B5,01-2 Travel and Per Diem: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement, B5,01.3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants, B5.01. 4 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation,. B5.01.5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project, These permit fees do not include thosepermits required to be paid by the construction Contractor. B5.01..6 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager, B5,02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article. B5, Reimbursable Expenses, herein, ARTICLE f~i6COMPENSATION FOR REUSE OF.PLANS AND SPECIFICATIONS Bt.01 GENERAL Miscellaneous Marine and Coastal Engineering Services RFQ No, 19-2D-020 / 2 34 000usignEnvelope ID: 440007oAe47B-4FB7c000c'on4oeAFncoAa ovcuoignEnvelope ID: 1oeoo333*p02-440086o1*nx81e845e14 PROFESSIONAL SERVICES AGREEMENT -gKH113[Tf It>$understood that all Consultant agreements and/or work Orders for now will Include for#1ere-use ofplans andopwo0uoUons.Including construction dYM ,8tUh8Oiky'soule.option.bvv|dne o[signing this agreementUh toore-Use )naccordance with this provision without the necessity of further approvals, compensation, fees or documents belng required and without recourse for such m-use, END OF SECTION` MIsceUonaoWoMarine and Coastal Engineering Services RF{lNo. 1$'28-020/'2 35 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 PROFE8810NA[. SERVICES A REEMENT - EXHI}IT 1 ATTACHMENT B _ COMPENSATION AND PAYMENTS SCHEDULE BI - WAGE RATES SUMMARY JOB CLASSIFICATION Principal Project Manager Lead Marine and Coastal Engineer Sr, Marine and Coastal Engineer Certified Hydrologist Geotechnical Manager NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED ,AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) $ 200.00 $7241 $ 71.66 $ 61.54 4R $ 210,00 $ 207.81 $ 178.47 A n A $ 173,.79 $ 171.98 $ 147,70 $ 59,00 $ 171,10 $ 56,90 $ 165,01 $ 141.60 $ 136.56 Environmental Site Assessment Specialist $ 27,93 $81,00 $ 67.03 Coastal Engineer $ 48,00 $ 139.20 $ 115.20 Marine Engineer $ 44,80 $ 129.92 $ 1.07,52 Sr, Civil Engineer $ 64.90 $ 188,21 $ 165.76 Civil Engineer $ 46,86' $ 135,89 $ 112.46 Technical Specialist $ 24,90 $ 72.21 $5 Sr. Scientist Staff Scientist Sr, CAD Designer CAD Designer II CAD Designer I Geotechnical Engineer Geotechnical Field Technician Surveyor/Mapper Survey Party Chief Field Technician $ 65.06 ( $ 188,67 $ 156,14 $ 31,25 $ 90,63 $ 7,00 $ 43,40 $ 125.86 $ 104,16 $ 34,90 $ 1.01,21 $ 8 $ 20,99 1 $ 60,87 $ 44.61 $ 35,17 $ 62,50 $ 42,13 $ 50.00 $ 129.37 $ 101.99 $ 181.25 $ 122,18 $ 145,00 76 $ 50.38 $ 107,06 $ 84.41 $ 150,00 $ 101.11 $ 120.00 Miscellaneous Marine and Coastal Engineering Services RFQ No.19-20-020 / 2 36 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 PROFESSIONAL SERVICES AGREEMENT a EXHI6111 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 v CONSULTANT INVOICE (Noonof (Type (Type I.y-��y ?y fi1g .u. , . a, - + ' Xt _ A.S`,: C ✓v�3"r-°:.zzi.�,.1,.T}a 1" 3it�l, Toa ATTN. C:Ily of MIaml Office d Capital Improventonla (OcI) 444 BW 2nt1 Av0nu0. CUt Floor Mlnrnl, FL 33130 Utvako Ttemltan lnvolao Data' htaoUi OD, 0000 Rf0111_ fdpf�•tnvalcoe - - - ItE`nah ,_,_.. SERVICE PoOot - Invoice Periodt .,<... .._Coatronl No sot Prajook NaAto •: rdat _ Purahaau ONo .„ _,-.W.ark0(Ilar No ,,.. .. ..,. - .. ,,,,:... �k.Co nUt i} 0 01, ll.... MonIII QOr 4 _....,...._>.., roaalvsJ anal btOa PM will bo Ma aJ Jimmy pronadyto avoid paylnao! dill Invoke nual bo eland by a Principal of Nb Arm chpopmPdelo traekrt Jodrments_io.eadl,[010cp.._-..-.«.�._.,...,,a,.,,,<_,._-_,. 8`iSfNttwo (2)aonnd no6_.._.� ` Dahl Wllh Ilia Naxt9usf_noae Da um doaf0noted. , ..... .. .. PREVIOUSLY INVOICED ,,,>.,»:, Et fNVOICI /IMOUNT-< 'fe COMPulTU TUTALLARtdEd "" ., - To DATE GuN(mu, nMoutn• OCMmattl Oostpn Daveloplcpnl 90"/o Connhtl 60. Comaga0orl SO% Oonsirucficn t00%ConstruglonDaumen,m Qry1Un CarrnUlnfl pkldiny or Nonoanaon ConstnCtion Dvsarn{9Df._,>, (DDT $ , t7,Ya *� uon Dawrrrenta pow CQI Ia7wmantu (00% CD) Documents (00% CD) 110E%C0j $ , 0!a Phoao AdnWllxlm:lon(CAj S , $ ;. & _ .,,.,., S ax $ �'"_,___ _ „> 0°,4 $ s S Relmboraablo 1.Jrue) 2, (Tiau) Ex naaa ... „_,,.•,,,....,. __.' ,•..... ........ ,µ .... ... <$ »N ,.....,,,, $.. , . - ,$ , .-..... .<,<,,, »;,,.,C .. _...., •-,... ?.Qdllcae a s s ... ,.>,�.,xm:.. ,_>_ ,:.._....�. 2 iiinnl IA ...... .. Prior to IIIIO Involaa Raraalnlnq Canlraat _._-- TOIALt l3alattoar tiottuellan o TleE 700E COMPLCTE0 CON LTANT PIRM CEITTIFIF,OTRUEANDaORRECTBY: .. ....-,_ - $t1PPO0TIN00OOUMFATB CN<iOKLIS7: - -- _ u Aetivniwn E4lip .. A3it. Lottarat Plrosa bahrp Inva#xrd;, Imd018 Ualtrneu{a C 10IfuCdlafl GtAUta Ropon: FInsI Pa}Yrtanl Irvl Ut<sr4tasIIons: > .,»..<._..,.. Pr'nolpal) . .. Nama nnJ lain oilldnr,IpnQ . _. .. 013 CITY OF M1AM1 APPR0VA1.: .,., ��iA7(:s.,...a.,�#��uh`�r;``.�!ILA�.i1Q1lATURB;F�'� ARF'A'00 0L COMPLOT6O BY CITY •r�•-r 0P t$IAMI -,�# a,�g, . ^ w Palo linaoNad CIP: 0 PRC7 $_ PVA (1' al RO - Ck07t ,... ��tefiscWraJfor PeYnroulProcosetna(SvdlNt rnantg A9310TM41 DIRP.CT WREOTOR ... Miscellaneous Marine and Coastal Engineering Serino RFQ No, 19-20-020 / 2 37 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 IJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)4/3/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd, Suite 230 Lafayette CA 94549 License#: 6003745 LONrACT NAME: Karin Thorp PHONE I FAX (A/C. No. Exn: 714-427-3494 i (A/c. No): E-MAIL DesignProCerts AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Insurance Company 35289 INSURED MOFF&NI-01 Moffatt &Nichol 4225 E. Conant Long Beach CA 90808 INSURER B : National Union Fire Insurance Co PA 19445 INSURER c : American Guarantee and Liability Insurance Co 26247 INSURER D : Continental Casualty Company 20443 INSURER E : XL Specialty Insurance Company 37885 INSURER F : American Casualty Company of Reading, 20427 COVERAGES CERTIFICATE NUMBER: 1366480809 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRIMSD TYPE OF INSURANCE ADDL SUBR wvn POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 6056712992 Approved by Terry QuevadoO4/O4/2024 11/22/2023 11/22/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTED PR M SESO(Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 X Ded /SIR $0 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OPAGG $ 2,000,000 Project/ LocAgg $ 15M F AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 6056712989 11/22/2023 11/22/2024 CEaOMacciBINdent)ED SINGLE LIMIT ( $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Comp/ Coll Ded $ 1,000 A , C X X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y Y 6079627982 AEC576168010 11/22/2023 11/22/2023 11/22/2024 11/22/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 15,000,000 $ X DED I I RETENTION$ in ono. B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A Y WC19397907 WC19397906 11/22/2023 11/22/2023 11/22/2024 11/22/2024 X 1 PER 1 1 ORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability Includes Pollution Liability Claims -Made Form DPR5020973 11/22/2023 11/22/2024 Per Claim/$1,000,000 $1,000,000/Agg Imt DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Umbrella policy is follow -form to its underlying Policies: General Liability/Auto Liability/Employer's Liability. Professional Liability Retroactive Date: 01/01/1945 Re: Miscellaneous Marine and Coastal Engineering City of Miami is included as an additional insured for General Liability and Auto Liability, primary & non-contributory language included for General Liability and Auto Liability. 30 days' notice of cancellation applicable endorsements to follow from the carrier. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation City of Miami 444 S.W. 2nd Avenue - 6th Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU HORIZED REPRESENTATIVE Ch ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 From: Quevedo. Terry To: Caseres. Luis; Gomez Jr.. Francisco (Frank); Aviles. Yesenia Subject: RE: COI -Moffatt & Nichol - Exp 11/22/2023 Date: Thursday, April 4, 2024 9:04:40 AM Attachments: jmaae001.ona imaae008.onq jmaae009.onq imaae010.ona imaae011.onq imaae012.Dnq imaoe013.onq Luis The COI is adequate. Regards, City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax rl'q'iamb C)miamigov.com ".S'ete4q, SrrliaerCia9, turd 7,rae4jotr&C& aa, 6msofaurcq From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, April 4, 2024 9:03 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: COI -Moffatt & Nichol - Exp 11/22/2023 Good morning, Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 U V I '. 11 1. I I. V I V A 1 1 11. DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Page 1 of 5 Florida Department of State Department of State / Division of Corporations / Search Records / Search by Entity Name / DIVISION Or CORPORATIONS Detail by Entity Name Foreign Profit Corporation MOFFATT & NICHOL, INC. Filing Information Document Number P06383 FEI/EIN Number 95-1951343 Date Filed 06/10/1985 State CA Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/31/2003 Event Effective Date NONE Principal Address 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Changed: 04/04/2019 Mailing Address 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Changed: 04/04/2019 Registered Anent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 03/05/1992 Address Changed: 03/05/1992 Officer/Director Detail Name & Address Title Senior Vice President/Chief Financial Officer Abbamonto, Olie http: //search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/ 1 /2021 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 Page 2 of 5 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title President/Chief Executive Officer/Director/Chairman NICHOL, ERIC A. 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Senior Vice President/Chief Legal Officer/Secretary Huchel, David W. 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Senior Vice President Nathan, Robert A. 501 East Kennedy Blvd. Suite 1910 Tampa, FL 33602 Title Director Broadwater, M. Kathleen 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Director Homer, Pierce R. 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Director Larison, Ralph 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Director Sheth, Rajan 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inquirytype=Entity... 6/1/2021 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1B6DC333-0F02-44CC-8BC1-00A81E845E14 Page 3 of 5 Title Director Steinke, Richard D. 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Senior Vice President / Chief Operations Officer Plasencia, Douglas J. 4225 E. Conant Street Suite 101 LONG BEACH, CA 90808 Title Senior Vice President Rhoads, Richard M. 2185 N. California Blvd. Suite 500 Walnut Creek, CA 94596 Title Senior Vice President Sparrow, Jeffrey L. 21308 Small Branch Place Ashburn, VA 20148 Title VP McBurney, Willson 1025 Greenwood Blvd. Suite 371 Lake Mary, FL 32746 Title Director Anghera, Michelle 4555 Anton Blvd. Suite 400 Costa Mesa, CA 92626 Title Director Nevada, Jim 4225 E. Conant Street Suite 101 Long Beach, CA 90808 Title VP Herrman, Michael N. http://search. sunb iz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/1/2021 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333.0F02-44CC-8BC1-00A81 E845E14 Page 4 of 5 501 East Kennedy Blvd. Suite 1910 Tampa, FL 33602 Title VP Nance, Darrell A. 1025 Greenwood Blvd. Suite 371 Lake Mary, FL 32746 Annual Reports Report Year Filed Date 2020 01/06/2020 2021 01/04/2021 2021 01/13/2021 Document Images 01/13/2021 --AMENDED ANNUAL REPORT 01/04/2021 — ANNUAL REPORT 08/11/2020 -- AMENDED ANNUAL REPORT 01/06/2020 — ANNUAL REPORT View image in PDF format I View image in PDF format View image in PDF format 04/04/2019 -- AMENDED ANNUAL REPORT 01/02/2019 -- ANNUAL REPORT 01/10/2018 -- ANNUAL REPORT 01/06/2017 -- ANNUAL REPORT 04/12/2016 -- ANNUAL REPORT 05/14/2015 -- ANNUAL REPORT 01/13/2014 -- ANNUAL REPORT 01/16/2013 -- ANNUAL REPORT 01/24/2012 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format 7 View image in PDF format View image in PDF format 1 View image in PDF format 7 View image in PDF format View image in PDF format View image in PDF format 01/11/2011 -- ANNUAL REPORT View image in PDF format 01/20/2010 -- ANNUAL REPORT 01/21/2009-- ANNUAL REPORT 01/23/2008 -- ANNUAL REPORT 02/02/2007 -- ANNUAL REPORT 01/18/2007 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 01/23/2006 -- ANNUAL REPORT 05/02/2005 -- ANNUAL REPORT 08/30/2004 -- ANNUAL REPORT View image in PDF format IView imago in PDF format View image in PDF format 10/31/2003 -- Name Change View image in PDF format View image in PDF format 04/25/2003 -- ANNUAL REPORT View image in PDF format 02/20/2002 -- ANNUAL REPORT View image in PDF format 05/05/2001 -- ANNUAL REPORT l View image in PDF format 04/03/2000 -- ANNUAL REPORT 03/01/1999 -- ANNUAL REPORT View image in PDF format 05/12/1998 -- ANNUAL REPORT View image in PDF format 03/04/1997 -- ANNUAL REPORT View image in PDF format View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/1/2021 Docusign Envelope ID: 4423270A-947B-4FB7-B22C-B54DBAFOCBA8 DocuSign Envelope ID: 1 B6DC333-0F02-44CC-8BC1-00A81 E845E14 Page 5 of 5 03/20/1996 -- ANNUAL. REPORT 03/08/1995 — ANNUAL. REPORT View image in PDF format View image in PDF format Florida Department, or Stara, Division of Corpcaatrons http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/1/2021 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Wednesday, July 17, 2024 11:01 AM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cambridge, Susan; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Mickens, Tania; Lima, Cristiane Document Distribution - Amendment No 1 RFQ 19-20-020 - Misc. Marine and Coastal Eng. Services - Moffatt & Nichol, Inc. Amendment_No_1_to_RFQ_19-20-020-Moffatt & Nichol -Executed 07-16-2024.pdf Good morning All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Tania You may now close this Matter ID 24- 997 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Effective Date: Best regards, Amendment No 1 City of Miami Moffatt & Nichol, Inc. Misc. Marine and Coastal Eng. Services 07/16/2024 i Lu,i - Cc e re - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2