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HomeMy WebLinkAbout25144AGREEMENT INFORMATION AGREEMENT NUMBER 25144 NAME/TYPE OF AGREEMENT WSP USA INC. DESCRIPTION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT/MISCELLANEOUS ENGINEERING SERVICES RFQ NO. 20-21-011/FILE ID: 16008/R-24-0228/MATTER ID: 24- 1019 EFFECTIVE DATE August 19, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/19/2024 DATE RECEIVED FROM ISSUING DEPT. 8/20/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Cris Lima NAME OF OTHER CONTRACTUAL PARTY/ENTITY: WSP USA 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 ['EXPERT CONSULTANT AGREEMENT ['LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Amendment No. 1 ■ ■ YES YES ['PUBLIC WORKS AGREEMENT ['MAINTENANCE AGREEMENT ['INTER -LOCAL AGREEMENT ['LEASE AGREEMENT ['PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Amendment No. 1 to RFQ 20-21-011 - Misc. Engineering Services to increase capacity from $500K to $1 M NO NO COMMISSION APPROVAL DATE: 06/18/2024 FILE ID: 16008 ENACTMENT NO.: R-24-0228 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION DIRECTOR/CHIEF PROCUREMENT OFFICER Reviewed by FVP. OK to proceed. Date PLEASE PRINT AND SIGN July 17, 2024 Annie Perez, CPPO 11:24:29 EDT SIGNATURE: RISK MANAGEMENT July 17, 2024 Miv:15r6e BarEppT SIGNATURE: CITY ATTORNEY Pablo R. Velez on behalf of Matter ID# 24-1019 (7/19/24) BUDGET OFFICE issuance as needed LEM 8/6/24 Funding will be determined at PO July 22, 2024 August 6, 2024MIarY9Gcujn54 EDT Fegge s2g9_III SIGNATURE: DocuSigned by: —4,1.,1.,;e, 89540EB73CAC468... (—DocuSigned by: F aIA1 Gb144tJ) —27395C6318214E7... DocuSigned by: SIGNATURE: Gt,br't- t RISOIA (I 88776E9FE88248B... DocuSigned by: ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER Larry Spring, CPA August 12, 2024 1 12:00:37 EDT SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez, MPA N/A SIGNATURE: 5F6E831796C5495... ,—DocuSigned by: Sr64 C9D2602B97E54D4.. ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE As el Marrero August 14, 2024 1 10:32:57 EDT SIGNATURE: DEPUTY CITY MANAGER August 14, DocuSigned by: COF4AD9AB03B45A... 202Natasha Colebrook-Williams ob pro EIWiilliams ,—DocuSigned by: SIGNATURE: CITY MANAGER August 15, 202krTu11\1AMf929/ EDT SIGNATURE: CITY CLERK August 19, 2021oId Yi4nric 23 EDT SIGNATURE: No441.4 C, ll-Wz 84B700975DEA41 B... ,—DocuSigned by: Qvituv Navt4a. 850CF6C372DD42A... DocuSigned by: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24187 E46D7560DCF1459... Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 AMENDMENT OVERVIEW PSA TITLE: Amendment No. 1 to the Professional Services Agreement with WSP USA Inc. for Miscellaneous Engineering Services Contract RFQ No. 20-21-011. 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: 0 RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): RFQ No. 20-21-011 - Miscellaneous 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? 0 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, but not limited to, complete planning and design services; evaluation of proposed alternatives; public meetings; detailed assessments and recommendations; cost estimates; opinions of probable construction cost; review of work prepared by subconsultants and other Consultants; field investigations and observations; post design services; construction documents, construction administration services, as well as any and all required reports for the Project at the request of the Agency. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? Yes, WSP USA Inc. is one of the firms providing service. Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 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 May 31, 2022, with two (2) one (1) year options to renew. 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $0.00 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)? WSP USA Inc. — Foreign Profit Corporation Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP USA INC. FOR MISCELLANEOUS ENGINEERING SERVICES CONTRACT RFQ NO. 20-21-011 This Amendment No. 1 to the Professional Services Agreement dated May 31, 2022 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and WSP USA Inc. ("Consultant"), a Foreign Profit Corporation, for the provision of miscellaneous engineering services ("Services") for the Office of Capital Improvements ("OCI") is entered into this l9th day of August , 2024. RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 20-21-011, 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 Amendment No. 1 to the Professional Services Agreement with WSP USA Inc. for Miscellaneous 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 Amendment No. 1 to the Professional Services Agreement with WSP USA Inc. for Miscellaneous Engineering Services. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: WSP USA Inc. a Foreign Profit Corporation C;E�K..7n..f,€2. Signature Signature Print Name, Title ATTEST: Consul ° re �� Hillary Jassey (Affirm '• nsultant ' eal, if available) ATTEST: DocuSigned by: E46D7560DCF1459... Todd B. Hannon, City Clerk APPROVED AS TO INSU Christine Mehle, Florida Water Local Business Lead Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida (—DocuSigned by: ,Zr Ar Novi4a 850CF6C372DD42A... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: DocuSigned by: DocuSigned by: LFralAk 444t A) La oriy. Risat4 ( I I 27395C6318214E7... 88776E9FE88248B... Ann Mane Sharpe, Director George K. Wysong III, City Attorney Risk Management Department (Matter 24-1019) Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 WSP USA INC. SECRETARY'S CERTIFICATE I, Hillary F. Jassey, Secretary of WSP USA INC. (the "Company"), do hereby certify on behalf of the Company and not in my individual capacity that on August 4, 2020 the Board of Directors of the Company adopted the following resolution: "RESOLVED, that parties authorized by the Delegation of Authority may sign statements of qualifications, proposals and any resulting project contracts or amendments in accordance with the Delegation of Authority." I further certify that the resolution has not been revoked and that, as Vice President and Florida Water Local Business Lead, Christine Mehle is authorized by the Delegation of Authority to sign Amendment No. 1 to the Professional Services Agreement for Miscellaneous Engineering Services, Contract RFQ No. 20-21-011, between the City of Miami and the Company. May 2, 2024 Date Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 2Q, by to r or who has produced did no) take an oath. STATE Amendment No. 1 to the Professional Services Agreement with WSP USA Inc. for Miscellaneous 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 this day of 20 Signed: Print: NOTARIZATION STATE OF rfOri ) ) SS: COUNTY OF 01101} The foregoing instrument was acknowledged before me this 3 day of (1 `ff', w.l?i_s_i_Dersonaflown as identification and who (did / OF NOTARY PUBLIC .�lsfw J. Negetrn-kle, PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Art Noriega V City Manager FROM: Annie Perez, CPPO Chief Procurement Officer/Director of Procurement DocuSigned by: 4 89540E1373CAC468... 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 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 RFQs 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 ❑ Denied —DocuSigned by: glegar Navit y, —850CF6C372DD42A... Art nionega 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 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:6/18/2024 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. 19-20-020 AGREEMENTS 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., HBC 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 BUDGETARY APPROVALS, 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 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., HBC 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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 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: ge Wy' ng II I; C ty ' ttor -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: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Miscellaneous Engineering Services Contract Type Continuing Contract Consultant WSP USA, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 OPTIONS TO RENEW 7 2.03 SCOPE OF SERVICES 7 04 7 2.05 COMPENSATION 7 ARTICLE 3 PERFORMANCE 8 3.01 PERFORMANCE AND DELEGATION 8 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.03 CONSULTANT KEY STAFF 8 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 9 4.01 GENERAL 9 4.02 SUBCONSULTANT RELATIONSHIPS 9 4.03 CHANGES TO SUBCONSULTANTS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 10 ARTICLE 6 TERMINATION OF AGREEMENT 10 6.01 CITY'S RIGHT TO TERMINATE 10 6.02 CONSULTANT'S RIGHT TO TERMINATE 10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 11 7.03 RE -USE BY CITY 11 7.04 NONDISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 12 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 13 9.01 COMPANIES PROVIDING COVERAGE 13 9.02 VERIFICATION OF INSURANCE COVERAGE 13 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 13 ARTICLE 10 MISCELLANEOUS 14 10.01 AUDIT RIGHTS; INSPECTION 14 10.02 ENTIRE AGREEMENT 14 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 16 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 16 10.12 COMPLIANCE WITH LAWS 16 10.13 NO PARTNERSHIP 16 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT 10.14 DISCRETION OF DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 17 10.17 CONTINGENCY CLAUSE 17 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 17 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 18 ARTICLE 11 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 18 11.01 EQUITABLE ADJUSTMENT 18 11.02 NON -APPROPRIATION OF FUNDS 18 11.03 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 18 11.04 DAVIS-BACON ACT 18 11.05 COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 18 11.06 COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT 19 11.07 PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) 19 11.08 NOTIFICATION TO PERFORM WORK 19 11.09 BACKGROUND CHECKS 19 11.10 EQUAL EMPLOYMENT OPPORTUNITY 20 11.11 CLEAN AIR ACT 20 11.12 FEDERAL WATER POLLUTION CONTROL ACT 21 11.13 NO OBLIGATION BY FEDERAL GOVERNMENT 21 11.14 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 21 11.15 BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) 21 11.16 PROCUREMENT OF RECOVERED MATERIALS 21 11.17 DHS, SEAL, LOGO, AND FLAGS 21 11.18 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS 21 11.19 ACCESS TO RECORDS 21 11.20 SUSPENSION AND DEBARMENT 22 11.21 UNITED STATES HOUSING AND URBAN DEVELOPMENT; CDBG-MIT 22 11.22 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 22 11.23 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 23 ATTACHMENT A - SCOPE OF WORK 27 ARTICLE Al GENERAL 27 A1.01 SCOPE OF SERVICES 27 A1.02 WORK ORDERS 30 A1.03 PAYMENTS 30 ARTICLE A2 BASIC SERVICES 30 A2.01 DEVELOPMENT OF OBJECTIVES 31 A2.02 SCHEMATIC DESIGN 31 A2.03 DESIGN DEVELOPMENT 32 A2.04 CONSTRUCTION DOCUMENTS 32 A2.05 BIDDING AND AWARD OF CONTRACT 33 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 34 A2.07 TIME FRAMES FOR COMPLETION 36 ARTICLE A3 ADDITIONAL SERVICES 36 A3.01 GENERAL 36 A3.02 EXAMPLES 36 A3.03 ADDITIONAL DESIGN 37 ARTICLE A4 REIMBURSABLE EXPENSES 37 A4.01 GENERAL 37 A4.02 SUBCONSULTANT REIMBURSEMENTS 37 ARTICLE A5 CITY'S RESPONSIBILITIES 37 A5.01 PROJECT AND SITE INFORMATION 37 A5.02 CONSTRUCTION MANAGEMENT 38 SCHEDULE Al - SUBCONSULTANTS 39 SCHEDULE A2 - KEY STAFF 39 ATTACHMENT B - COMPENSATION AND PAYMENTS 40 ARTICLE B1 METHOD OF COMPENSATION 40 B1.01 COMPENSATION LIMITS 40 B1.02 CONSULTANT NOT TO EXCEED 40 ARTICLE B2 WAGE RATES 40 B2.01 FEE BASIS 40 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 40 Miscellaneous Engineering Services 2 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT B2.03 MULTIPLIER 40 B2.04 CALCULATION 40 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 40 B2.06 ESCALATION 41 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 41 B3.01 LUMP SUM 41 B3.02 HOURLY RATE FEES 41 B3.03 REIMBURSABLE EXPENSES 41 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 41 B3.05 FEES FOR ADDITIONAL SERVICES 41 B3.06 PAYMENT EXCLUSIONS 42 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 42 ARTICLE B4 PAYMENTS TO THE CONSULTANT 42 B4.01 PAYMENTS GENERALLY 42 B4.02 FOR COMPREHENSIVE BASIC SERVICES 42 B4.03 BILLING — HOURLY RATE 42 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 43 B4.05 DEDUCTIONS 43 ARTICLE B5 REIMBURSABLE EXPENSES 43 B5.01 GENERAL 43 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 43 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 43 B6.01 GENERAL 43 SCHEDULE B1 — WAGE RATES SUMMARY 44 SCHEDULE B2 — CONSULTANT INVOICE 47 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Miscellaneous Engineering Services 3 RFQ No. 20-21-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT CITY OF MUAMU DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type CommmU&mmt Consultant's Office Location City Authorization Agreement Number Miscellaneous Engineering Services Continuing Contract W8PUSA, Inc. 7650 CoqomnaUa Center Dr., Gui0e3OO. K8ianni, FL 33126 Section 1G-87.City ofMiami Code 20-21-011/15 THIS PROFESSIONAL SERVICES AGREEMENT ("PSK or "Agreement") made this 31st day of may in the year 2022 by and between THE CITY OF K8|AM|. FLORIDA, hereinafter called the "Cib/.''and wsp USA inc. . hereinafter called the "Conou|1mn1^ RECITAL A. The City issued a Request for Qualifications (^RFQ") No. 20-21-011 on May 7. 2021, for the provision of Miscellaneous Engineering Services ("Services") and the Consultant's proposal (^Propoem|"), in response theretn, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes nmfwrnod to hena|n, collectively, aothe Solicitation Documents ("Solicitation Qocunnente^), and are, by this refgrence, expressly incorporated into and made a port 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, provid|ng, hovvevmr, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any euohoVnflictm(e). B. WHEREAS, the Cih/, through action of the City Manager and/or the City Conmnniaeion, as applicable, has selected the Consultant in accordance with Section 287.O55. Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred toam^CCNA^). and the applicable provisions of the City Procurement Ondinonce, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. W|TNES8BH.1hat the City and the Consultant, for the considerations herein set forth, agree as follows: Miscellaneous Engineering Services 4 RFQNo. 2O-21'O11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined aasuch inoWork Order, secured incompliance with Florida Statutes and City Code. 1'02 Attachments means the Attachments to this Agneament, which are expressly incorporated by reference and made apart ofthis Agreement moifset forth infull. 1.03 Base Fee means the amount ofcompensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated aasuch inmWork Order. 1.08 City Commission means the legislative body ofthe City ofMiami. 1.06 City Manager means the duly appointed chief administrative officer ofthe City ofMiami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. |nall 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 budy, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City'o authority as m governmental body and oho|| not be attributable in any manner to the City as party to this Agreement. The City nfMiami shall be referred to herein as "City." For the purposes of this Agreement, ^Cib/^ 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 Cnnnxniss/po means the legislative body of the City of Miami. This has the same meaning as City Commission and ioenabbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability onmpany, other recognized business enbh/, or any combination thereof, of properly registered professional anchitents, or engineers, or surveyors and mappem, as opp|icob|o, which has entered into this Agreement to provide professional services tnthe City. 1.11 Contractor means an individua|, partnarahip, corponmdon, osoociotion, joint ventuno, 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 orrefers tothe City ofMiami's Office of Capital Improvements (^OC|'')formedy known osCapital Improvements and Transportation Program (''C|TP^). 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project orprojects covered under this Agreement. Un|moo otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator ofthe Office ofCapital Improvements ortheir authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown inuorneudy, which results in o change to the Services and results in the need for the Contractor to perform corrective m/ork, newnrk, or additional work or which nau000 e delay to the completion ofconstruction. 1.15 Errors and Omissions means design deficiencies in the p|ana, 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 Federal Disaster Assistance means the co||ouUva multiple types ufmajor disaster assistance in funding, personnel, equipment, facilities, goods, services, projects, grants, processes, coordination, neoounoem, and other recovery aooiotanno, and effndo created and authorized from time to time by the Federal Government. 1.17 Federal Government means the government nfthe United States cfAmerica. 1.18 Federal Requirements means collectively, the Robert T. Stafford Disaster Relief and Emergency Assistance Ac, 42 U.S. C. 5121 et seq., as amended ("Stafford AcC'), and all other federal rules, Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT procurement thnoohu|da, nomp|ienue, audit and reporting prouaduneo, rmgu|oUnns, and guidelines established for Federal Disaster Assistance from time to time. 1.19 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City 0omake observations nfWork performed byaContractor. 1.20 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the Cih/'o Miami Riverside Canber(K8RC) orother requested City facility. 1.21 Notice to Proceed ('WTP'7 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 unthe Project. 1'22 Omissions means items that are not shown or included in the p|onn, opacifivaUuns, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project nrrequired to meet the Scope of Services. 1'23 Primary Services means those Services considered by City to be fundamental to the ounn000fu| management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1'24 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 adirect representative ofthe City. 1.25 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City'a capital projects over five (5) year period. 1'2$ Project means the deoign, uonstrucdon, alteration and/or nepair, and all aon/iuwo and incidentals thereto, of City facility as contemplated and budgeted by the City. The Project or Projects oho|| be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.27 PmxMwss/pma/ 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 aruhibeot, professional nnginenr, or registered surveyor or mapper in connection with his or her professional employment orpractice. These services may be abbreviated herein as "arch itectura I/en g i neeri ng services" or "professional services," as opp|icab|a, which are within this definition. 1.28 Professional Services Agreement C�4gmmem»wmt" or 'PSA'7 means this Agreement, all attachments, and any authorized amendments thereto. |nthe event nfaconflict between the Request for Qualifications (^RFO'')and the Consultant's response thereto, the RFOshall control. |nthe 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. 1'29 Resolution means the document constituting the official approval of the City Commission onrequired for the City Manager toexecute this Agreement, orincrease the Project Budget, among other matters. 1'30 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.31 Scope of Services or Services means a comprehensive description of the activities, tasks, design hao1unes, objwnUveo, de|ivarob|ea, and mi|au0onma required for the completion of Project nran assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. Fneans a form that has beeA GeFtified by Miami Dade Gounty, who will picevide aFGhitertuFaIT 1.33 Subconsultant means a person or organization of properly registered professional orchbacts, engineere, registered sunaymr, or mapper, and/or other professional apaoe|des, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. Miscellaneous Engineering Services 6 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 1.34 Wage Rates means the effective direct expense 10the Consultant and/or the Subcnnnukmnt.onan hourly rate basis, for employees in the specified professions and job categories assigned to provide services underthis Agreement thatjustify and form the basis for professional fees regardless of actual manner ofcompensation. 1.35 Work means all oemiceo, materials and equipment provided by/or under this Agreement with the Consultant. 1'36 Wor* Order means a document internal to the City, which authorizes the performance of specific professional services for odefined Project orProjects. 1.37 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services tobeprovided bythe Consultant onospecific phase ofaProject. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be for two (2) years commencing on the effective data hereof. This specified term is intended for administrative and budget control purposes and is not to be considered or interpreted asatime limitation. 2.01'1 Extension of Expiration Date: In the event the Consultant ioengaged in any Pnoject(s)on the Agreement expiration dohe, then this Agreement shall not expire and ahoU remain in effect until completion ortermination ofsaid Pnoject(o). New Work Orders shall not beissued after the expiration date. The City, by action of the City Manager orthe City Manager's deoignee, reserves the right to automatically extend this Agreement for upto one hundred eighty (180) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement in being oo|inited, eva|uoted, and/or awarded. If the right is exercised, the City shall notify the Cnnou|tant, in xvriting, of its intent to extend the Agreement atthe same terms and conditions form specific number oydays. Additional extensions over the first one hundred eighty (18U)day extension may occur. Extensions shall comply with applicable approvals and regulations. 2.02 OPTIONS TO RENEW The City, by action of the City Manager or the City Manager's designee, shall have the option to renew the original term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Oineotor, 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 torenew provided that the compensation limits set forth inArticle 2.O5 are 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 inAttachment A'Scope wfWork, hereto, which ioincorporated into and made opart ofthis Agreement. 2.04 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS Prospective Firms must (shaU)adhere to the following requirements: 2) Place ospecific emphasis cmutilizing local FGF iAf0FMat!0R on the SBE FeqUiFelrneRts, Yisit the Miami Dade County, Internal SeRgiOUP-6 DepaFtFAeRt r-eqUiFeFneRts will eause the fiFFR to be disqualified as 1101FIFespensive OF at a subsequent time eause the 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 hom, based on the rates and schedules established in Attachment B'"Compensation and Pay,nsmtm."attached hereto; provided, however, that innoevent shall the amount ofcompensation exceed Five -Hundred Thousand Dollars ($50U.O00)intotal over Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT the bann of the Agreement and any exbennion(o), unless explicitly approved by action of the City Commission or City W1onoOer, as opp|ioebks, 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 Agnoement, as it may be amended from time to time. This Agnaamant, as amended and/or nanewed, is subject to the compensation limits set forth in 287.055. Florida StaduUoo, Consultant's Competitive Negotiation Act. for Continuing Cwntracts, and other limitations on companoadon, on applicable. 2.05-2 Payments: Unless otherwise spauifiva|k/ provided in Attachment B. Compensation and Pmynnemks, payment shall be made in accordance with Florida Statute Chapber218. PodVU. Lnnm| 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. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061. Florida Statutes. The Consultant shall utilize Attachment B' Schedule B2 'Cwnmultmnt Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided inthis Agreement, or approved, in writing bythe City. Said approval shall not be construed as constituting anagreement between the City and said another person orfirm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconou|tonto, 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 astowhy 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 naoponoo to the City'a ao|icitoUnn, hereinafter referred to as "Key Stoff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, if said Kay Staff is in the Consultant's employ. The Consultant will obtain prior written approval from the Director nrtheir designee to change or add to Key Staff. The Consultant shall provide Oiredor, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individua|'sability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt cfa Notice to Proceed (^NTP^) issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in 1haNTP. Time imoVthe essence with respect tmperformance pf 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 o delay on the part of the City in fulfilling its obligations under this Agreement asstated herein. Such extension of time shall not be cause for any claims by the Consultant for additional compensation urfor any damages. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering). and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Stotuteo, as omended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, inaccordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant ohm|| be responsible for the professional Miscellaneous Engineering Services 8 RFQNo. 2V'21'V11/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications, or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely 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 fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, 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 City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. Miscellaneous Engineering Services 9 RFQ No. 20-21-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 5.02-3 The Consultant fails bocommence the Services within the time provided orcontemplated herein orfails bzcomplete the Work inatimely manner aorequired bythis Agreement. 5.03 TIME TO CURE DEFAULT; FORCE 88AJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said nodce, after which time, the City may terminate the Agreement. The City, at its sole and absolute disnnedon, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. |fthe Default has not been corrected bythe 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 nfany further action bythe City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida |mvv, then the City may a||ovv an extension of time reasonably commensurate with the cause ofsuch failure toperform orcure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CATY'S RIGHT TO TERMINATE The City (including specifically the City Manager nrthe Director acting odminiotnoUve|y), 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 nhorto, akatohau, otudieo, dnavvings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agneement, whether finished or not, must 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 Oinaotur'o designee within ten (10) business days of termination. Failure to timely deliver the documentation shall because bowithhold any payments due without recourse by the Consultant until all documentation iodelivered bothe Director ordesignee. 0.01'1 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 Agnaament, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the Qty, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section bysubmitting aresponse tothis solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in xvhbng, for cause following breach by the Ci1y, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City'abreach and afford the City sixty (GU)calendar days tocure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or peson, 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 peroon, company, uurponyUon, individua|, or firm, other than m bona fide employee working solely for the Consultant any fee, commission, penoenbage, gift, nrother consideration contingent upon orresulting from the award ormaking of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All trauings, p|ans, dravvingn, specifiootions, mopo, computer files, end/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 nopieo, 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 naquoat, to the City at any time during the performance of such services and/or upon completion or termination nfthis Agreement. The Consultant shall not copyright any material and products orpatent any Miscellaneous Engineering Services 10 RFONo 20-21'011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT invention developed under this Agreement. The City shall have the right hovisit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be penndh»d to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy ufthe Project. 7.02 DELIVERY UPON REQUEST ORCANCELLATION 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 City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have nnrecourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable forno'uoe 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 divu|gn, funmish, or make available to any third person, firm ororganization, without Director's ortheir designee's prior written consent, orunless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative pnoneadingo, or otherwise required by |aw, where such information has been properly oubpuenaad, any non-public information concerning the Services to be rendered by the Consultant henaundor, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting dooumenbsUnn, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119. as omonded, shall be kept in accordance with the applicable statutes. Othenwioe, the records and documentation shall be retained by the Consultant for o minimum of three (3) years from the dote of termination ofthis Agreement orthe date the Project iocompleted, whichever ialater. The City, orany duly authorized agents or representatives of the Cih/, oho|| have the right to audit, inupeut, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3)year period noted abovn, pnovidod, howevor, 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 perform 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 0oboinspected orcopied within oreasonable time atacost that does not exceed the cost provided inthis 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 ofthe contract term and following completion ofthe contract ifthe 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. |ythe Contractor transfers all public records tnthe City upon completion uf the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all opp|ioob|a requirements for retaining public records. All records ohnned electronically must be provided to the City, upon request from the Ci1y'n custodian of public records, in a format that is compatible with the information technology systems of the City. U� ��� ��������������� ���� �����%l�Uo��� ���������U��� ���� .. .~~~~ .~.-..~-.~~�~~.~~~ ....~~ �~~~~�~~~.~~...� .~~~=°..~~��~~~~° ~..~~ APPLICATION o�� ���������� ��� FLORIDA��� ��� ��� ' — ' _'_- -- '_-- _' CHAPTER - __- - - -_, ' _-~'-.~_~ ~ STATUTES, ~~ ~. . ~~~~' . -~ THE ~�� CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO ��U������U���� �� ��������U���������� RECORDS AT THIS AGREEMENT, . , CONTACT ~ THE ~�.~.~~..~.. ~~~ PUBLIC .~~~=,~�"~�.=,~.~ Miscellaneous Engineering Services 11 RFONo. 2O- 1-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT K������A����� �������U ������UU�������������U���U�������� o�� v~�~« . .~ .~'~~, ~~. ~~.~....~~... . .~��~~..~..~~.~~~..~~~~v��~.~..~..~~~~~ .~~~~...' ~=.. REGULAR MAIL AT CITY OF MUAMU OFFICE OF THE CITY ATTORNEY, 444 -~-- _''-- AVENUE, --'-~—.' ~T.. FL, MIAMI, FL 33130. THE .~~ CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF ��I���U ��U�U�U��U� ��U� K��kU����iU U�������������U�0��^�% �"����Up� ���U�� U�� ^~^�~~^~ `~^^~`~~~ ~-^ CAPITAL IMPROVEMENTS x ~~~~^ v ~~^^~~ ~~~ ADMINISTERING THUS CONTRACT. 7.06 ENERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E'Verify system toverify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indmmnify, hold harm|eoo, save and defend the City, its officers, ogen1s, direntora, ino1rumonta|iUen, mgnnnian, and/or employees from all liabilities, damages, losses, judgments, and nooto, induding, but not limited to reasonable at0arney'o feoo, to the extent caused by the neg|igonue, neok|eooneoa, negligent act uromission, or inbanUnne/ wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, fudher, hold the City, its officials and/or amp|ny000, harmless for, and defend the Qty, its officials and/or employees egainot, any civil oudona, otatutory, onntreotua|, tort, strict |iabi|ih/, or other u|aimo, ocUnno, injuhes, or damages arising nrresulting from the work, un|aoo itioalleged that the City, its officials and/or employees were negligent. |nthe event that any action orproceeding isbrought against the City byreason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel noaonnob|y satisfactory tothe City Attorney. The Consultant expressly understands and agrees that any insurance pnobuuUun required by this Agreement nrotherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City orits officers, emp|oyaeo, agento, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and axponom, to and through tria|, edministrodve, oppe||ebe, supplemental or bankruptcy proceedings, or to provide for such defense, at the Cib/'u updun, against any and all claims nfliability and all c|aimo, suits and actions of every name and description which may be brought against the City, in connection with services performed bythe Consultant orpersons employed orutilized byConsultant. This indemnih/, hold harmless and duty to dafend, shall survive the term of this Agreement, and shall also survive the cancellation orexpiration ofthis Agreement. This indemnity shall bointerpreted under the laws of the State of Florida, including without limitation and interpnatodon, which conforms to the limitations of SmnUnn 725.06 end/or Section 725.08. Florida Stytutes, an applicable. If any portion of the Indemnity is invalidated by o court of competent jurisdiction to be inva|id, unenfonoaab|o, or i||oga|, 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) enhonoaeb|e, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent pnnoib|m the intent and agreements of the parties as are nm1 forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not boheld liable urresponsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review orconcurrence nfthe Consultant's actions. |nreviewing, approving, orrejecting 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 mode by the City constitute separate, diaUnct, and independent consideration for the granting nf this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged bythe Consultant. Miscellaneous Engineering Services 12 RFONu 20-21'011115 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided tothe City all insurance required hereunder and the City'sRisk Management Administrator also known eu the Director of the Risk Management Department, or their authorized deaignee, 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 cfFlorida and satisfactory 0othe Risk Administrator. All companies shall have aFlorida resident agent and berated otleast A(X).inaccordance with A.yW. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these pnoviaionu, and in accordance with Insurance Exhibit C contained herein. The Consultant shall ensure that all Subuonou|tonto 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 ofwritten request. 9.03FORMS OF COVERAGE 9.03'1 Commercial General Liability and Automobile Liability: The Consultant oho|| maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1.000.0O0.00per occurrence, $2.O0O.0OO.O0aggregate for bodily injury and property damage. The coverage shall include Premises and OpenaUono. Contingent and Contractual Liability, and Products and Completed Qpenodono, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the nwdifineto holder. The coverage shall be written on a primary and non-contributory basis with the City listed aoan additional insured as reflected byendorsement CG 2O1011/85writs equivalence. Notice nycancellation should read thirty (3O)calendar days and ten (1O) business days for nonpayment. 9.03-2 Business Automobile: The Consultant shall provide business automobile liability novonoga including coverage for all ovvned, hined, and non -owned autos with o minimal combined single limit of $1.000.000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03'3 Professional Liability Insurance: The Consultant oho|| maintain Pnohaooiuna| Liability Insurance including Errors and Omissions oovnnmgo 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 bythe Consultant inconnection with this Agreement. This insurance shall bemaintained 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 aminimum limit nf$5OO.0OU.U0each occurrence. 9.03'5 Swbconwm|tant 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 naquinomento, novenage, deductib|na, orother insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Adin|n 10.06. Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right 0oaudit the Consultant's accounts during the performance nfthis Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees bufurnish copies of any records neceooary, in the opinion of the Oinudor, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated byreference 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, modifiod, or otherwise altered in any naopent, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, o merger orbulk nm|e, an assignment for the benefit of creditors ohm|| each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other oacurib/, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in e form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners. successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE |ncompliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current atthe time ofNTP. 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 inoccunmba, innomp|ete, or non -current wage rates and other factual unit costs. All such price adjustments will bemade within one (1)year following the end ofthe Project. 10.05 APPLICABLE LAW AND VENUE OPLITIGATION This Agreement shall be interpreted and construed in mnonrdmncn with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agneement, or arising out ofthis Agreement, shall bebrought inMiami-Dade County, Florida. Each party ohm|| bear its nvvn ottorney's fees except in anUnno arising out of the Consultant's dudes to indemnify the City under Article 8. |ndemnifioodon, herein where the Consultant oho|| pay the City'o reasonable attorney'ofeeo in the event the City must maintain on action to enforce the dub/ to indemnify the City. 18.06 NOTICES Whenever either party desires to give notice unto the u1hor, such nuUoa must be in vvhdng, sent by electronic mai|, and registered United States mai|, return receipt nyquested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following asthe respective places for giving nfnotice: Miscellaneous Engineering Services 14 RFDNo 20' 1'V11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT For CNnofMiami: Arthur NohegoV City Manager Office ofthe City Manager, City ofMiami 444SVV2"«Avenue, loth Floor K4iemi, F|orida331304Q10 Emei|:ANohege(cDmiemigov.00m Phone:30S-41G'1O25 Annie Perez, CFPO Director/Chief Procurement Officer Department cfProcurement, City nfMiami 444 SVV2'mAvenue, Gth Floor Miami, F|orida33130'1Q1O Email: AnniePerez(a)miamiqov.00m Phone:3U5'41O4Q1O VictohaK8dndez City Attorney Office ofthe City Attorney, City ofMiami 444SVV2"«Avenue, QthFloor Miami, Florida 33130-1910 Emoi|:VintoriaK8ondez(cDmiamignv.owm Phona:305-41O'1833 With Copies to: AngelCmnaoquiUn. P.E. Director Office nfCapital Improvements, City of Miami 444SVV2"*Avenue, 8thFloor Miami, Florida 3313O'1Q1U Emai|:ANCorrmoquiUo(cDmiamigov.onm Phone:305-410'122S WSP USA, Inc. Camille Dominguez Gonzalez Vice President Florida District T050Corporate Center Or..Suite 3OO Miami, FL3312G Email: Camille. Dom inguozVbwap.nom Phone: 305-514-3158 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutualintent and no rule cfstrict 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 pwronnm| pronouns used in this Agreement shall include the other gender, and the singular shall include the p|una|, and vice versa, unless the context otherwise requires. Terms such as "herein," ^hwnoof.^ "hereunder," and "hereinafter' refer to this Agreement as a whole and not to any ownhonne, pmrogroph, nrsection where they eppear, 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 vvho|e, including all the subsections of such Seodon, unless the reference is made to o subsection or subparagraph ofsuch Section orArticle. 10.08 JOINT PREPARATION Preparation of this Agreement has been o]oint effort of the City and the Conou|tant, and the noou|Ung document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. Miscellaneous Engineering Services 15 RFONo. 20'21'O11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 10.00 PRIORITY OFPROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached henoho, any document or events referred to henein, or any document incorporated into this Agreement by reference and o term, atatemant, nuquinomant, or provision of this Agneement, the term, stotnment, nuquirement, orprovision contained in this Agreement shall prevail and be given mffacL 10.10 MEDIATION -WAIVER OF JURY TRIAL |naneffort toengage inacooperative effort toresolve conflict which may arise during the course nfthe design and /nrconstruction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. Acertified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami'OedeCounb/. State of Florida. The parties will split the costs ofacertified mediator ona5U/5Ubasis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconou|tantsand/or independent contractors retained for the pnoject(o), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own ottornoy'ofeno. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims inany action arising under this Agreement. 10.11 TIME Time inofthe essence inthis Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work tnbecompleted onatimely basis inaccordance with this Agreement. All Work shall beperformed strictly (not substantially) within the time limitations necessary to maintain the nhUua| path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act (^AOA"), 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 inconnection with the performance of this Agreement. 10.124 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there mho|| be no discrimination in connection with the Consultant's performance under this Agreement on account ofrace, co|ur, gender, ne|igion, ege, handivap, marital atatuo, national nrigin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual ohaU, solely by reason of their raoe, no|or, gander, ne|igion, mgo, handioop, marital otatua, national origin, or sexual orientoUon, be excluded from participation in, be denied oervi000, or besubject todiscrimination under any provision ofthis Agreement. 10.13'2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local |awm, ru|eo, negu|aUnno, and ordinances. The City reserves the right to refuse the Consultant's anoaos to City propmMy, including pnojent]nboiteo. if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if continuing pattern of non-compliance 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, labor or services funded by the City, including Titles | and || of the AOA(regordinQ nondiscrimination on the basis of disability) and all applicable regu|odono, guidelines and standards. Additionally, the Consultant ohmU take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant iaanindependent contractor. This Agreement does not create ojoint venture, partnership orother business enterprise uraffiliation between the parties. The Consultant has noauthority tobind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall bewithin the exercise of the reasonable professional discretion of the Director or the Directors authorized designee. Miscellaneous Engineering Services Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for 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 City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in 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 provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Miscellaneous Engineering Services 17 RFQ No. 20-21-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGRssmswr Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 C00NTERPARTS'. 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 fmooimi|o. PDF, or other email tnenomission), 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. ARTUCLE11 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 11.01 EQUITABLE ADJUSTMENT The Procurement Department may, in its sole diocreUon, make an equitable adjustment in the contract terms and/or pricing if pricing oravailability ofsupply is affected by extreme or unforeseen volatility in the marketp|oue, that is, by circumstances that omUofy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder's control, (2) the volatility affects the marketplace orindustry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidder that continued performance of the contract vvnu|d results in o substantial loss. Successful Bidder might have to supply documentation 1njustify any requested percentage increase incost buthe City ofMiami. 11.03 NON -APPROPRIATION OFFUNDS In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fimua| period for payments due under this nontrant, then the Cib/, upon written notice to the Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded tnany firm(s). 11.03 SUBCONTRACTORS OFWORK SHALL BE IDENTIFIED As part of the ITQ, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed uontnoct, their capabilities, expmrience, minority denignmbnn, as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive, unless the Successful Bidder submits this documentation to the City within five (5) working days after the bid opening. The Successful Bidder shall not, at any time during the tenure of the oontnent, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and byvirtue nfpermission granted bythe City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontnantor(o)and the City. The Successful Bidder shall be fully responsible to the City for the ants and omissions of the Subcontractor(s) and their employees, aofor acts and omissions of persons employed by the Sunn000fu| Bidder. 11.04 ACT Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Each Bidder shall use the Federal Wages naOwcbd in VVoOe General Decision Number- FL 180260 01/12/2018 FC360 in developing its bid for this project. The selected bidder/cnnbadorohaU be required to provide certified payroll records documenting the work performed on this project. Wage General Decision Number' FL 180200 01/12/2018 FL260 can be found in the Header/Attachment Section under Attachment A. 11J05 COMPLIANCE WITH THE COPELAN0"ANTI'KICKBACK" ACT 1) The Contractor shall comply with 18U.S.C. §314S.and the requirements of2UC.F.R.pt. 3asmay be applicable, which are incorporated by reference into this contract. 2) The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses aothe FEK4Amay baappropriate instructions requira, and also aclause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be Miscellaneous Engineering Services 18 RFONo. 2O'21'O11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) A breach of the contract clauses above may be grounds for termination of the contract, and for debarment aooContractor and subcontractor aoprovided in20C.F.R. §5.12. 11.06 COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT 1) Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer ormechanic in any workweek in which he or she is employed on such work 10 work in excess of forty (40) hours in such workweek un|non such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked inexcess offorty (40)hours insuch workweek. 2) Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth inparagraph (1)cf this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in uaom of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall bncomputed with respect toeach individual laborer nrmechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth inparagraph (1)ofthis section. 3) Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor. or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Aot, which is held by the Contnaotor, such sums as maybe determined to be necessary tosatisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided inthe clause set forth inparagraph (2)ofthis section. 4) The Contractor orsubcontractor shall insert inany subcontracts the clauses set forth inparagraph (1)throuOh (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. 11.07 PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORM) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Successful Bidder's actual cost and will be passed on to the City without markup or any additional fees. The Successful Bidder shall submit purchase receipt of parts along with the labor invoice for payment. The Gunoosofu| Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Pnutotype, oboo|ete, and residential quality/grade equipment/materials shall not bespecified or installed in the facilities. 11J08 NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager when anemployee isonthe property and for what purpose. 11.00 BACKGROUND CHECKS The Successful Bidder shall be required to comply with the background screening specifications as listed inthe Jessica LunsfondAct, Florida Statue §1O12'32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2)screening requirements. Miscellaneous Engineering Somixwn 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT Prior to commencement nfthe project, the Successful Bidder shall provide Level Two (2) background screening results for all employees completing the work onpark grounds. 11.10 EQUAL EMPLOYMENT OPPORTUNITY During the performance of any resulting contract from an ITQ, the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their oacw, on|or, ne|igion, oox. ornational origin. Such action shall ino|ude, but not belimited to the following: Emp|oyment, upgoading, demndon, or transfer; recruitment or recruitment advertising; layoff or termination; oa0ao of pay or other forms of compensation; and selection for 1noining, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations oradvertisements for employees p|ouad by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, co|or, ny|igion, sex, ornational origin. 3) The Contractor will send to each labor union or nepneoanbodvo of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and ohmU post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11346 ofSeptember 24. 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11240 of Soptambar24. 1AG5.and byrules, regulations, and orders nfthe Secretary nfLabor, orpursuant thmnetn, and will permit access to his books, rnnondo, and accounts by the administering agency and the Secretary nfLabor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) |nthe event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said ru|eo, nagu|a1iono, or orders, this contract may be uanoe|ed, termineted, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant tosection 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor orvendor. The Contractor will take such action with respect toany subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in. oriuthreatened with, |idgehun with a subcontractor orvendor eoa result ofsuch direction by the administering agency the Contractor may request the United States to enter into such litigation toprotect the interests ofthe United States. 11.11 CLEAN AIR ACT 1) The Contractor agrees to comply with all applicable obandonds, orders or regulations issued pursuant 10the Clean Air Act, ooamended, 42U.S.C. §74U1etseq. 2) The Contractor agrees to report each violation to the City nfMiami and understands and agrees that the City of Miami will, in turn, report each violation as required to moouno notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 3) The Contractor agrees Vo include these requirements in each subcontract exceeding $150.000 financed inwhole orinpart with Federal assistance provided byFEK4A` 11.12 FEDERAL WATER POLLUTION CONTROL ACT 1) The Contractor agrees to comply with all applicable standmndo, orders or regulations issued pursuant to the Federal Water Pollution Control Ant, as amended, 33 U.G.[}.1251 etoeq. 2) The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in tunm, report each violation as required to aaounu notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The Contractor agrees to include these requirements in each subcontract exceeding $150.000 financed inwhole orinpart with Federal assistance provided byFEK4A. 11.13 NO OBLIGATION BYFEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. 11.14 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies 0o the Contractor's actions pertaining 10this contract. 11.15 BYR0ANT|'LOBBYUNG AMENDMENT, 3iU.S.C.§ 1352(AS AMENDED) Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence on officer oremployee of any agenoy, a member ofCongress, oMicer, or employee of Congress, or an employee of member ofCongress in connection with obtaining any Federal contract, grant, orany other award covered by31 U.S.C. §1352.Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier hotier uptothe recipient. Please refer to each |TO for Federally Funded projects for the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Bidders to return this form signed along with their bid. 11.16 PROCUREMENT OF RECOVERED MATERIALS 1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within admeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; nr u. Atareasonable price. 2) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://vm^mv.epo.gov/omm/nomprehenoivo- proouvement-quide|ino'opg'pnogram. 11.17 DNS,SEAL, LOGO, AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEyWApra'approva|. 11.18 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEK4Afinanoia| assistance may be used to fund this contract. The Contractor will comply with all applicable federal |avv, negu|aduno, executive nndeno. FEyWA policies, procedures, and directives. 11.19 ACCESS TO RECORDS 1) The Contractor agrees to provide the Project Manager assigned by the City ufMiami, the FEyWA Administrator, the Comptroller General of the United Stotmo, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the puqpnono of making oudito, oxaminodono, mxneqoto, and transcriptions. Miscellaneous Engineering Services 21 RFQNo. 2O' 1'011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever orto copy excerpts and transcriptions aoreasonably needed. 3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. 11.20 SUSPENSION AND DEBARMENT 1) This contract is a covered transaction for purposes of C.F.R. pt. 180 and 3 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contoau0or, its principals (defined at 2 C.F.R. §18O.QQ5).orits affiliates (defined at 2 C.F.R. §18O.9O5)are excluded (defined ot 2C.F.R. §18U.04U)ordisqualified (defined at 2C.F.R. §18U.Q36). 2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include orequirement tncomply with these regulations inany lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. oubpadC. in addition 0oremedies available huthe S*o0o of Florida, and the City ofMiami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The Contractor agrees *ucomply with the requirements of2 C.F.R.pt. 180.subpart Cand 2C.F.R. pt. 3OOO.subpart Cwhile this offer iovalid and throughout the period cfany contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.21 UNITED STATES HOUSING AND URBAN DEVELOPMENT; CDBG-MIT 1) If this contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBQMitigation (COBG-WD) dollars, then itshall besubject tofederal procurement regulations 2CFR2O0.318ho2O0,327. 2) Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract inwhich there ia no price competition and, in all neoeo, where o cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be pmdhmmed, the hoh bonne by the uonbaubor, the contractor's inveubnont, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 11.22 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OP1968 1) The work to be performed under this contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, aha||, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients ofHUD assistance for housing. 2) The parties tothis contract agree tocomply with HUO'o regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contrant, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135regulations. 3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has o collective bargaining agreement or other underotanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in24CFRpart 135. and agrees totake appropriate action, asprovided inan Miscellaneous Engineering Services 22 RFQNo. 2O-21'n11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT applicable provision of the subcontract or in this Section 3 c|auue, upon a finding that the subcontractor is in violation of the regulations in 24 CFR pad 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5) The contractor will certify that any vacant employment poaidnns, including training pooiUnno, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to badirected, were not filled tncircumvent the contractor's obligations under 34CFRpart 135. S) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7) With respect tnwork performed in connection with Section 3 covered Indian housing aooiabancm. Section 7(b) of the Indian Self-Determ i nation and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts ohmU be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not inderogation ofcompliance with Section 7(b). 11.23 RIGHTS TO INVENTIONS MADE UNDER CONTRACTOR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, devm|opmonto|, or r0000nch work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Pad 401. "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Miscellaneous Engineering Services Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Signature weale-Ta. (2E r —r_D ) p Print Name, Title ATTEST: Consultant Secr (Affirm Consulta t a , ifavai ATTEST: DocuSigned by: r L — E46D7560DCF1459 oaa b. hannon, uity ier APPROVED AS TO INSURANCE REQUIREMENTS: c—DocuSigned by: Fro& 6144t-,3 '-27395C6318214E7... Ann Marie Sharpe, Director Risk Management Department Miscellaneous Engineering Services DocuSign WSP USA, Inc., a Foreign Profit Corporation &ocji fc7) Signature Coorkillebornt Nyez OnZ-Al ea. N,t e-Pee'S% cl.e4 ) 'Ronda DIthrt ci- Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Nori4a 9GF-6C372DD42A Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: PDocuSigned by: 4-Gr'-H9 F 1 EF90AFEFE0457.. victoria menaez, uty Attorney r DS (Matter 22-1122) pr 24 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 WSP USA INC. SECRETARY'S CERTIFICATE I, Hillary Jassey, Secretary of WSP USA Inc. (the "Corporation"), do hereby certify on behalf of the Corporation and not in my individual capacity that on August 4, 2020 the Board of Directors of the Corporation adopted the following resolution: "RESOLVED, that parties authorized by the Delegation of Authority may sign RFPs, RFQs and any resulting project contracts or amendments in accordance with the Delegation of Authority." I further certify that the resolution has not been revoked, that as Vice President, Florida District, Camile Dominguez Gonzalez is authorized by the Delegation of Authority to sign the Department of Procurement Professional Services Agreement for Miscellaneous Engineering Services between the City of Miami and the Corporation. Hiller 'sey retary April 6, 2022 Date 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) | HEREBY CERTIFY that at m meeting of the Board of Directors of . m corporation organized and existing under the laws of the State of . held on the day of .oresolution was duly passed and adopted authorizing (Name) on (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 ofthe corporation. | further certify that said resolution remains infull force and effect. |NWITNESS WHEREOF, | have hereunto set myhand this ___ day of .20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) | HEREBY CERTIFY that at a meeting of the Board of Directors of . o partnership organized and existing under the laws ofthe State cf .held onthe day of . .aresolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. | further certify that said partnership agreement remains in full force and effect. |NWITNESS WHEREOF, | have hereunto set myhand this day of .20 Partner: Print: Names and addresses ofpartners: Street Address Zip Miscellaneous Engineering Services 25 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 this day of , 20_ Signed: Print: NOTARIZATION STATE OF Florida ) SS: COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me this 20 22 , by Camille Dominguez -Gan zale,awho is personally known to me 25thday of March or who has produced SIGNATUR_ O= NOTARY PUBLIC STATE OF FLORIDA as identification and who (did / did not) take an oath. PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC I tio1:v pp4.; HEDY CORDOVA 1 = .V' Notary Public - State of Florida w In 1 o- _ Commission # HH 69206 oo�My Comm. Expires Dec 3, 2024 1 M Miscellaneous Engineering Services 26 RFQ No. 20-21-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 'EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE All GENERAL The City has procured a qualified and experienced engineering firm to provide Miscellaneous Engineering 8en/iueo, under the direction of the Office of Capital Improvements (^C)C|^), and in accordance with all applicable |awa, building and environmental negu|ctiono, 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. ^8nnpe of Services." The Consultant has been selected in accordance with Section 287.O55ofthe Florida Statutes, CCNA.asamended. A1J01 SCOPE OF SERVICES The Consultant shall provide full design services including, but not limited to, complete planning and design services; evaluation of proposed alternatives; public meetings; detailed assessments and recommendations; cost estimates; opinions of probable construction cost; review of work prepared by oubconsu|tonCo and other Consultants; field investigations and observations; post design services; construction documenho, construction administration oenvinoo, aswell ao any and all required reports for the Project mt the request of the Agency. The following disciplines are required: Civil Engineering, Structural Engineering, Environmental Engineering, Marine & Coastal Engineering. [Noohmnina|. Electrical, and Plumbing (MEP) Engineering, Surveying and Mapping, and Construction Engineering and Inspection (CEI) Services. Consultants shall apply for, pnoceoa, and obtain permits from various environmental regulatory agencies having jurisdiction including, but not limited to, the Miami -Dade County Division of Environmental Resources K4anagament(^OERK4^). Department ofEnvironmental Protection (''DEP^). Federal Emergency Management Agency (^FEK4A"). the Department ofHomeland Security (^DHS^). the U.S. Department of Housing and Urban Development (US HUD), and Army Corps of Engineers ("ACOE"), 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 an o result of this so|ioitodnn, performance of previous work orders issued, and expertise and experience toassume new work orders tobeassigned. The Successful Proposer shall provide one or more of the following services, 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 will be detailed in the ensuing Agreement/s, and will be further specified and clarified in Work Order Proposals solicited as project sites are identified. It is anticipated that the Proposer's team will consist of the following disciplines: � Proiect MHsmaqwr The Project Manager shall be responsible for execution and compliance of projects. � Civil Emqineerng The Successful Pnopnaor(a)will berequired $nprovide: " Roadway reconstruction orresurfacing � Drainage improvements; storm water management " Sea level rise and resilience � Swale restoration � Curbs, gutters, sidewalks, and lighting improvements ° Landscaping � Traffic calming devices; seawalls and boywo|ks � Signogeand striping � Verification ofCi1y'oPavement Analysis Report within the Project area � Digital recording of existing conditions in the Project area � Completing any survey, geotechnical, and utility coordination required to produce complete sets of signed and sealed construction documents, specifications and estimate of probable construction costs ° Project management ofmulti-scale civil engineering planning and design pnojeots, and oversight ofthe work ofother consultants Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 � Struxtunm|Emqineehmq The Successful Pnop000r(u)will berequired tuprovide: � Building construction, renovations, modifications, and alteration design specifications � Structural analysis and engineering design ° Marine structural engineering (aeawaU.marinas, and piers) � Feasibility studies and assessments � Strength of materials analysis ° Sbne|wmrWa|uminumdeoign � Timber design ° Foundation engineering � Concrete design � Forensic engineering ° Materials engineering � 4O'yearCertification Reports for existing facilities � Project management ofmulti-scale structural engineering planning and design projects, including management, coordination, and oversight of the work of other consultants � Envinmmnmmntm|Enmineerinq The Successful Pvupooero)will barequired 0uprovide: � Environmental Engineering (as it relates to Asbestos, Lead -Based Paint and mitigation of hazardous chemicals and na|e0od materials) � Environmental compliance audits (ie..inaccordance with ISO 14OO1) � Environmental Site Assessments (including aPhase | and Phase U) � Site surveying, field sample collection and analysis such aosoil, water � Hazardous material investigations � Air monitoring analysis and reporting during construction activities � Implementation/installation ofmulti-phase treatment systems and associated monitoring equipment � Complex environmental restoration and rehabilitation � Contamination asseooment, remedial action plan design and implementation source removal and reporting " Post remedial and monitoring services ° Operations and maintenance (O&K4)programs � Best management practices and regulatory liaison activities � Asbestos and Mold mitigation and abatement activities � Obtaining approval of all required and applicable ponnho � Advising the City regarding methods of work and sequences of operations for environmental engineering projects � Project Management of multi -scale environmental engineering planning and design prujec1u, including managemant, uuondinaUon, and oversight of the work of other consultants ° Marine and Coastal Enci|mewrnq The Successful Pnopooers)will barequired toprovide: � Marine and Coastal Engineering � Environmental Engineering (as it relates to Marine and Coastal Engineering work) � Biological and environmental assessments ofcoastal areas � Bathometric and upland surveys, geo0onhnine| = Project management ofmulti-scale Engineering planning and design pnojocbo, including management, coordination, and oversight ofthe work cfother consultants. � Mechanical, Electrical, and P|mnmbinq (N8EPI Emimeehng The Successful Fnopoeor(o)will berequired 1oprovide: � Services shall support new construction, remodeling/renovation, and building assessment ofcommunity centers, fine otmdono, mohnoo, aquatic facilities, podm hoci|iUes, and public safety facilities for governmental, institutional, or recreational projects � Surveying existing sites, when as -built drawings are not available ° Designing service requirements for premises Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 'EXHIBIT 1 Producing construction drawings and dnouments, including specifications and supplementary documents necessary for the execution and completion of projects Developing plans for mechanical, electrical, lighting, Heating, Ventilation and Air Conditioning (HVAC), generators, fire detection/fighting and plumbing and pipe systems Selecting and specifying equipment, materials, finishes, fixtures, fittings, and accessories Supplying infomnadon, drawinga, and documento, pertaining to the project to other Consultants/Lead Consultant and Contractors for the execution ofprojects 4O-yearCertification Reports for existing facilities Permitting process support Checking and verifying Contractors'and Suppliers' billing in accordance with the quantities installed and/or material delivered Conducting Top Supervision, or Continuous Supervision if required as additional Scope of Work, including issuing instructions to Contractors to ensure that projects are completed in accordance with the specifications Project management of multi -scale MEP engineering planning and design pnojao1n. including management, coordination, and oversight of the work of other consultants. = Smrvwvimgmnd Mmppina Services The Successful Pmpooer(o)will berequired 0oprovide: � Pho0ngnommetry � Boundary surveys � Am'bui|tdrawingo � Preparation uflegal descriptions for public hght-uf-wayacquisitions = Preparation ofplats and maps � Certification of tentative and final plats for compliance to City Code, Miami -Dade County Code and State ofFlorida statutory requirements � Establishment ofvertical project network controls � Establishment ofalignment and right-of-waylines � Topographic surveys � Construction layouts � Drainage surveys � Designation and location ofunderground utilities ° Utility coordination � Water boundary surveys • Construction Emqinewrinqand Inspection Services (CE|Services) The Successful Pruposer(s)will berequired toprovide: ° Engineering and other technical personnel to the City to provide CE| Services for the administration ofProjects ooassigned bythe City � Provide all necessary vehicles, equipment (including field testing equipmont), and personnel toperform the Services required under the proposed Agreement � Proof oflicenses will be required for testing equipment and the personnel operating the testing equipment � Proof nflicenses will need tnbefurnished tothe City upon request � Perform CEI in accordance with all applicable laws and building regulations, including, but not limited to, the City of Miami Public Works Specifications and Design Standards, Miami - Dade County standards, and Division || and ||| of the FOOT Standard Specifications for Road and Bridge Construction dated 2013 (including all supplemental specifications current at the time of biddinQ), and all other requirements oat forth in the proposed Agreement � Coordinate the activities of all parties involved in completing the project. Coordination includes, but isnot limited to: � Maintaining nunnn1Scfall activities and events relating hnthe project � Providing verification ofQuality Control tests � Documenting all significant project changes � Checking for errors and nmimoion, and interpreting p|eno, opecificadono, and contractual requirements � Assisting inclaims and dispute resolution � Public information services � Managing pre -construction and construction progress meedngo, and preparing and disseminating meeting minutes Miscellaneous Engineering Services 29 RFONo. 20'21'O11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 'EXHIBIT 1 Sampling, |nspoodnno and Testing: Levels of baudng will be defined in the project specifications and in accordance with the American Society for Testing and K4aheha|o. Underwriter Laboratories and/or other applicable industry standards Stored materia|/equipmentnavievv Project photo and video documentation Record Drawing review Maintain progressive list ofitems requiring correction Notification ofaccident, damage, orinjury Review and Response ofresident complaints CoondinoUon, nsvievv. and Response of RF|o, field diraodvao, and change Response requests ° Change order management � Pay application review � Substantial completion inspection ° Final completion and inspection � Project close-out A1J02 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 inwriting by the Director ordesignee. The Consultant and Director ordesignee, 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 than prepare aWork Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsu|tants.and deliverable items and/or documents. The Director ordesignee may accept the Work Order Proposal as aubmitted, reject the Work Order Proposal, ornegotiate revisions tothe Work Order Proposal. Upon acceptance ofoWork Order Proposal, OC| will pnnpenn o Work Order that will be reviewed by OC| staff and the Director or designee. Upon approval, OC| will issue e written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director ordesignee. A1.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete engineering oomi000 as set forth in the tasks enumerated hereinafter, inaccordance 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 chargo, 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 toProceed with the next task has been issued byCity. Consultant is on|e|y responsible for the technical accuracy and quality oytheir Work. Consultant aho|| perform all Work in compliance with Chapter 471 of the Florida Statutes and Rules 61Q15'18 through U1815'37ofthe Florida Administrative Code. Consultant shall perform due diligence, inaccordance with best industry pranUceo, in gathering information and inspecting o Project site prior tothe 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 sho||' without additional compenomUon, correct or revise any anors, omioaiono, and/or deficiencies in its doaigna, dnawingo, specifications, orother 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 vvnrk, rework, e1c., noou|dng from any errnrs, omiaaiono, and/or deficiencies in its designs, drawings, specifications, orother Services. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 A3.01 DEVELOPMENT OF OBJECTIVES A2.01-1 Consultant shall confer with representatives from the City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01-2 Consultant oha||, utilizing a compilation of available docummntotion, confer with representatives from the City. the Project yWonmger, and other jurisdictional agencies in under 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 no||ad Conceptual and the remaining items will be called Designs. A2.01'3 Consultant shall prepare written descriptions nf the various options and shall participate in presentations to multiple groups explaining alternative options. Sufficient detail oho|| 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 facilities. The Consultant shall also engage a soil testing firm to perform soil boriings and other tests required for new construction work. The extent to which this work will be needed ohe|| be based on the surveying and soil borings performed previously by the City. Cost of the surveyor and soil engineering firm shall bebilled ooreimbursable expenses. A2.02 SCHEMATIC DESIGN A2.02-1 Consultant shall prepare and pnaoent, in vvhUng and at an one| presentation if requested, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any special requirement affecting the Project, e Statement of Probable Construction Cost, Project Development Schedule and review of Constructability Review reports. A3.02-2 Schematic Design Studies consist of site 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 AStatement ofProbable Construction Cost, prepared inConstruction Standard Index (CS|) 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 feao, general conditions and construction contingency. Such evaluation nheU comprise e brief description of the basis for estimated costs per each element and similar project unit costs. Costs shall beadjusted tothe projected bid date. Recommendations for reducing the scope ofthe Project inorder to bring the estimated costs within allocated fundo, in the event that the statement of Probable Construction Costs exceeds allocated funds. Consultant shall update its documentodon, 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 moaprofessional 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 Conotructabi|i1y 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 diatribution, by the Cih/, to others for this purpose. There oho|| be an established deadline for review report submission back tothe 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 City may coordinate Conatruutabi|ity Review meetings with some or all the reviewers with the Consultant present to discuss opnnifin issues. In addition to the Constructability 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 Conou|tant, and if requested by the Cib/, vvnu|d be incorporated into the design douumento, at no additional cost to the City and no extension oftime tothe schedule. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 A2J03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral presentations, if requested, for approval by City, separate Design Development Documents, updated Project Development Schedules, updated Statements of Probable Construction Cooto, and o review of Cnnotructabi|i1yReview reports. A2.03'1 The Design Development Documents oheU consist of drawings (mite p|ona. floor plans, elevations, sendons).outline specifications, and other documents. A2.03'2 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 ofeach element through: � Plan sections and elevations " Typical construction details � Final materials oe|aoUon � Construction phasing plan A2.03'3 The updated Development Schedules shall show the proposed completion dates of each milestone of each Project through deoign, bidding, construction and proposed date of occupancy. Consultant will also detail all long lead procurement items and architecturally significant equipment that will need tobepurchased prior hothe completion ofConstruction Documents. 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 moUmotmd costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. A2.03'5 Constructobi|ity 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 o fully biddeb|e, permittob|e. constructible Project. Consultant shall produce 30Y6. 0096. 90Y4 and Final Construction Documents for review and approval by City, which shall include the following: • A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included inthe 3UY6.GO96.QO%and Final review shall benoted. 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 duration period in calendar days. ° Anupdated Statement ofProbable Construction Cost inCS|format. = Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit nfthe budgeted amount. � A Project Specifications index and Project Manual with atleast 30Y6. 60%, 8096 and Final of the Specifications completed. Documents submittal shall also include all sections ufDivisions ^O^and '11" = Consultant shall inn|udo, and will be paid for. City -requested a|hanne$oo 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 nfConstruction Cost. � Consultant shall not proceed with further construction document development until approval nfthe 3O96documents iureceived inwriting from City. Approval byCity shall befor progress only and does not relieve Consultant ufits responsibilities and |iobi|idmo relative to node 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 ofG096 complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 documents. Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies ufthe drawings and specifications, and one digital copy inpdfhonnst. A3.04-1 0Yax|nnwmm Cost Limit: Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City shall establish and communicate tnthe Connu|tent, m 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 eooiot in the 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 Permitting: 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 authorities prior to approval by CITP of the final set and printing of the Construction Documents. The Consultant shall promptly, at any time during the performance of the Work hereunder, advise the City of any substantial innneeomo in onoto set forth in the Statement of Probable Construction Coot that in the opinion of the Consultant iscaused bythe requirement(o)ofsuch. Upon completion ofdry run permitting, Consultant shall provide aopart ofthe seven (7)copies tobe aubmittad, five (5)full size sealed copies ofthe drawings and specifications. Consultant shall also provide digital versions ofthe drawings indvvg.p|t.and pdf formats. The specification additional terms and conditions shall beprovided inboth pdf and docformats^ A2.05 BIDDING AND AWARD OF CONTRACT A3.05-1 Bid Documents Approvals and Printing: Upon obtaining all necessary approvals ofthe Construction Dnoumento, from authorities having jurisdiction, acceptance by the City of the 10096 Construction Documents and latest Statement nfProbable Construction Cost, the Consultant shall assist the City in obtaining bids, preparing and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed, or, at its own discretion, may authorize such printing as o reimbursable service tnthe Consultant. A2.05-2 Issuance mYBid Documents, Addenda and Bid Opening • The City shall issue the Bid Documents tnprospective bidders and keep complete List of Bidders. • The Consultant shall assist the City in the preparation of responses to questions if any are required during the bidding period. All addendum or clarifications, or responses shall beissued bythe City. • The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective bidders. ° The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend all any pre -bid meeting(s) and require attendance of Subconou|tantoatsuch meetings. • The Consultant will bapresent atthe bid opening, ifrequested bythe City. A2.05-3 Bid Evaluation and Award: The Consultant shall onoiot the City in evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: � Approve enincrease inthe Project cost and award aContract; � Reject all bids and re -bid the Project within o reasonable time with no change in the Project oradditional compensation 0nthe Consultant; � Direct the Consultant to revise the scope and/or quality of construction and rebid the Project. The Consultant shoU, without additional uompenuadon, modify the Construction Documents as necessary to bring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget. The City may exercise such option vvhepu the bid price exceeds 1096 of the Fixed Construction Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting bids. � Suspend, cancel, orabandon the Project. Miscellaneous Engineering Services 33 RFONo. 2O-21'V11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT EXHIBIT 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. A2.08 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A3.00'1 The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor As- Builtdrawingo.thmCnnou|bmnt'oreuonddnmm/ingo.wmnonbsos. guonantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract ooprovided bythis Agreement, and asprovided bylaw. A2.06-2 The Conou|tont, as the representative of the City during the Construction Phaom, oheU advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Subnnnou|tants ohoU visit the site to conduct field nboonvaUono, eta minimum on avveek|y beoio, and at all 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 ohe|| be provided by the Consultant atno additional cost to the City. The Consultant shall report on the 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 tpattend, aswell as the distribution of the minutes. The Consultant and Subconsultants will not be held responsible for construction meono, methods, techniquen, sequences, or procedures, orfor safety precautions and programs in connection with the Work. The Consultant and his/her Gubuunsu|tantavvi|| not be held responsible for the Contractor's or oubcontrautorm', 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 shall furnish the City with awritten report ofall observations nfthe 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 ufpayment requests and may result in o proportional reduction in Construction Administration fees paid 0othe Consultant. A3.06-5 • Based onobservations pt the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation ohmU constitute m representation by the Consultant to the Qh/ that, to the best ofthe 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 ioentitled toamount stated onthe requisition subject to; • A detailed evaluation of the Work for conformance with the contract upon substantial completion; " The results ofany subsequent tests required bythe contract; � Minor deviations from the contract correctable prior tocompletion; � Any specific quo|ifiuohnna stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at requisition site meeting oreustated onthe requisition. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 Prior torecommending payment hothe Contractor, the Consultant will prepare owritten statement 0o 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 ofaPayment 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 onaccount cfthe Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter ofthe requirements ofthe 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 upon written request of either the City or the Contractor, and shall render written deuioions, within maximum of ten (10) calendar dmyo, on all n|aimo, dispuhao, 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 ofand reasonably inferable from, the Contract Documents and shall beinwritten orgraphic form. A2.06'7 The Consultant ohm|| have the authority to recommend nejoodun of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to ensure 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 ornot such Work has been fabricated and/or delivered to the Project or installed and completed. A2.00-8 The Consultant shall promptly review and approve, reject, or take action on shop drawings, samples, RF|s 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 ofCapital Improvements. The Consultant shall have amaximum often (10)calendar days from receipt of shop drawings, aamp|eo. RF|'aorother submittals by the Contraotor, 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 §21870. A2.06-9 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 on proposed changes. VVhana the Contractor submits o request for Change Order or Change Proposal request, the Consultant shall, within hen (10) calendar days, review and submit to the City, his/her nenommendetion, or proposed action along with on 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 iosubstantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list 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 liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall beissued 0othe Contractor. A2.06-1 I The Consultant ohm|| monitor and provide assistance in obtaining the Contractor's compliance with its contract relative to \) initial instruction of City'a personnel in the operation and maintenance of any equipment or system, 2) initial start-up and tesdng, ecUuoUng, and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction tooccupancy bythe City. A2.06-12 The Consultant shall furnish to the City the original documonto, including drawings, revised to "as -built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as -built" documents the Consultant oho|| rely on the accuracy of the information provided by the Contnyctor, including the Contractor's naoond drawings. Any certifications required Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 under this Agreement including the contents of "as -built" documents are conditioned upon the accuracy nfthe information and documents provided bythe construction contractor. Transfer cfchanges 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 -built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Smy' shall become the property of the City. A reproducible set of all other final documents will be furnished tnthe City free nfcharge bythe Consultant. A2.86-13 The Consultant ohoU review the Contractor's ''ao built" drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the ^om built" drawings. A2.06'114 The Consultant shall furnish to the City o simplified site plan and Ooorp|en(s) reflecting ''oa'bui|t^conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimenoiono, square footage of each floor and all fonts used in the drawings. Two meta of drawings shall befurnished on24^x3G^sheets and one electronic copy. A2.08'15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project. A2.07 TIME FRAMES FOR COMPLETION Time frames for completion of the several steps required to complete any given assignment, from Development of Objectives through and including Construction Contract Administration, will be determined at the time each Work Order ioassigned tothe Consultant bythe City. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below oo "Additional Servioes" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services ohmU either be identified in a Work Order or shall be authorized by prior written approval of the Director orCity Manager and will becompensated for aoprovided inAttachment B.Article B3.O5.Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule herein, Additional Services may inn|ude, but are not limited to the following: A3.02-11 Appraisals: |nvoodQeUon and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02'2 Smecia|tv Dwsiqn:Any additional special professional services not included inthe Scope ofWork. A3.02-3 Fre'Dwm|cin Sunvevm & Testing: Environmental inveodgadono, site eva|uaUono, or uumpanodvw studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.03'4 Extended Test nm & Traininq: Extended assistance beyond that provided under Basic Services for the initial start-up, &aodng, acUuoUng, and balancing of any equipment orsystem; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manua|o, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02'5 M8mhorRwv|s|pns: Making major revisions todrawings and specifications resulting in or from o change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thenoof). A3.02'6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any modiaUnn, aMbitrodon, or legal pn000eding, pnoviding, howaver, that Consultant cannot testify against City inany proceeding during the course of this Agreement. A3.03-7 MNimowUemepms: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted archi&ectunaKeng)nemhng practice related tnconstruction. Miscellaneous Engineering Services 36 RFQNo. 2U'21'V11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PRopEaoIOwxLaEmxcsaxoREEmEwr-Ex*|mT 1 A3.03 ADDITIONAL DESIGN The City may, atits option, elect boproceed with additional services relating hothe 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 octua|, direct expenditures made by the Consultant and the Guboonau|tontfor the purposes listed below. Trmnspodotion, travel and per them expenses ohm|| not be considered aoreimbursable expenses under this Agreement. A4.01'1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, xourier, and express mail between the Consultant's various permanent offices and Subuonuu|tants. The Consultant's field office atthe Project site io not considered epermanent office. Cell phones will not beconsidered aoreimbursable expenses under this agreement. A4.01'2 Reproduction. PhotoQraphv: 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 Geotechnicm| 8mvwstiqmtimm: Identifiable Soil Borings and Reports and testing costs approved bythe Project Manager. A4.01'4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01'5 Smrvevw: 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 Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in whdng, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTUCLEA5 CUTY`SRESPONSUBULVl[UES A8.01 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 oomnAdditional Service, eligible muaReimbursable Expense. A5.01-1 Swrwevs: Complete and accurate surveys of building aiteo, 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 oewer, wotor, geo, telephone and/or electrical services. A5.01'2 Sm|| Bor|mqm, Geotwohnicm| Testing: Gni| borings ortest pits; nhamicm|, menhanico|, otruntura|, orother tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests toCity. A5.01'3 General Pro|wct Information: Information regarding Project Budget. City and State pnouedurea, guidelines, forms, formats, and assistance required establishing aprogram pursuant tuArticle A2.O2. Schematic Design. A5.01'4 Existimq Dram/immw: Drawings representing as'bui|tnondiUons at the time of original construction, subject tnas-built availability. However, such drawings, ifprovided, are not warranted turepresent conditions aoofthe date ofreceipt. Consultant must still perform field investigations as necessary in accordance with Artic|eA2.01. Development ofObjectives, to obtain sufficient information 10perform its services. Investigative services inexcess of"Normal Raquinamento.^oo defined, must beauthorized inadvance. A5.01-5 Re|iabi|imn: The services, information, surveys and reports described in Articles A5.01-1 through A5.01-4abovo. shall be furnished atCity'o expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such Miscellaneous Engineering Services 37 RFONo. 20-21'U11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon pRoFsaa/0wAL SERVICES AGREEMENT 'EXHIBIT 1 information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating toreview and approval of the construction work bythe 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 SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Miscellaneous Engineering Services Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Longitude Surveyor, LLC Surveying & Mapping Earthology, LLC Environmental Engineering EV Services, Inc. Public Outreach/Education SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Camille Dominguez -Gonzalez, PE Principal -In -Charge Werner Reinefeld, PE Project Manager Ron Fields, PE Lead Engineer Michael Gonzalez, PE Sr. Civil Engineer David Loduca, PE Sr. MEP Engineer Mauricio Arze, PE Sr. Construction Engineering & Inspection Rogher Khouri, PE Sr. Structural Engineer Michael Giovannozzi, PE Sr. Environmental Engineer Jerald Ramsden, PE Sr. Marine & Coastal Engineer Eduardo Suarez, PSM Sr. Surveying and Mapping Engineer Miscellaneous Engineering Services 39 RFQ No. 20-21-011/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 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 following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) ALump Sum aodefined inArticle B3.O1.Lump Sum. b) An Hourly Rate as defined in ArUo|m B3.02. Hourly Rabe Feeo, and at the rates set forth pursuant bothe same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the Ob/ under this Agreement shall be limited to the amount specified in Article 2.05'1 Compensation Limito, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the Qb/ have any liability for work pnrfonned, 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 orCity 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 boexceeded. |nthe event they are aoexceeded, the City shall have no liability or responsibility for paying any amount of such exnwoo, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages nfsaid certified Wage Rates are summarized in Schedule B1 'Wm8e Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconau|1ant employees in the specified professions and job cotognhno 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 'Wagws 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 mnchitento, professional interns, dooigneno. CAOO techniciana, project monagers. G|S and environmental openim|ioto, specification wriboro, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right tnrecommend the use of the Consultant employees atparticular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this AQneement, o maximum multiplier of2.8 for home nMine and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier iuintended tocover 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 dueo, oubuchpdono, abunugrophic, adminiotnadve, and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in ua|nu|odng compensation payable for specific assignments and Work Orders aorequested bythe City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, mi|eohonea, and deliverables identified under the Scope of Work as exemplified in Sohmdw|w B1 - Wage Rates Summary. K$2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected hmnein, compensation paid by the City oho||, vim the yWu|Up|ier, cover all the Consultant costs including, without limitation, employee fringe benefits (w.g.. sick |emve, vaoe8ion, ho|iday, unemployment baxeo, otinement, medima|, inauranoe, and unemployment Miscellaneous Engineering Services 40 RFONo. 2V-21'O11/15 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT 'EXHIBIT 1 benefits).and anoverhead factor. Failure 0ocomply with this section shall because for termination ofthis Agreement. B2.06 ESCALATION There shall benuescalation clause mnpart ofthis 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, inthe 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 ineWork Order. Lump Sum compensation iothe preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: |ythe City authorizes asubstantial ormaterial change inthe Scope ofSmrviceo'the Lump Sum compensation for that portion of the Services may boequitably 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 mu|Up|imr, and reimbursable expenses. Prior to issuing a Work Order, the City may require Conou|tont, to verify or jundh/ its requested Lump Sum compensation. Such verification nho|| present sufficient information as depicted inAttachment A' Schedule A2-Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Homdv Rate Fees: Hourly Rate Fees ohoU be those rates for Consultant and Subnonou|Cant employees identified inSchedule B1. All hourly rate fees will include amaximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, urexpense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall boused only inthose instances where the parties agree that it is not possible to de0ennine, define, quonUfy, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of VVurh Order issuance. Hourly Rate Fwon may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve osoNot 0oExceed Fee for the Work 0nbaperformed onanHourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent oroverhead expenses of any kind. including local telephone and utility uhorgao, dffica and drafting oupp|iea, depreciation of equipment, professional dueo, oubouhptiono, etc., reproduction of drawings and specifications (above the quantities set forth in this Agneement), mmi|ing, stenognaphio, o|ohoa|, or other employees time ortravel and subsistence not directly related 0ooproject. All reimbursable services shall bebilled hothe City atdirect cost expended bythe Consultant. City authorized reproductions inexcess of sets required ateach phase ofthe Work will beaReimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant tothe limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE mrDEDUCTIVE ALTERNATES 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 pad 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, aomutually agreed bythe 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 Expenoeo, as defined in this Agreement under Article A4 and B3.03 nespeo1ive|y, may be Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found onthe City'mVVebpageethttpo:6wnww.miamignv.cnm/3ovarnmon0]epadmenbo-]rganizm1ions/Offine'of- Coni1a|'|mpnovementa. The wmbpagealso provides the procedures for completing these forms. Failure touse the forms orfollow the procedures will result inthe rejection ofthe 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. B3.05'2 Procedure and Compliance: Anindependent and detailed Notice toProceed (NTP).and an Amendment to o specific Work Order, shall be required to be issued and signed by the Director for each additional service requested bythe City. The NTPwill specify the fee for such service and upper limit of the fae, which ohoU not be oxnoedod, and shall comply with the City of Miami negu|mUnno. 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 oxpenoeo, shall not include additional charges for office rent oroverhead expenses of any kind. including local telephone and utility charges, office and drafting aupp|iea, depreciation of equipment, professional dues, oubocripUono, mtc., 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 Subnonou|tont000tu. the Consultant will apply the multiplier of one (1.0) times the amount expended by the Consultant. B2.00 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 oromissions of the Consultant aodetermined bythe 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 in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the coat of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension ortermination. |fthe Project ioresumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTYCLEB4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may berequested monthly in proportion toservices performed during each Phase ofthe Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the nntuo| amount paid by the Consultant. The Consultant shall utilize the Ciry's Invoice Furm, which can be found atthe end ufthis document. Failure to submit an invoice(s) 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 sdpu|ahad, said payments ohoU, in the eggnegate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BULLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation boallow for proper audit ofexpenditures. When services are authorized unanHourly Rate basis, the Consultant shall submit for approval by the Diredor, o duly certified invoima, giving nomno, dossifinadon, salary nohe per hour, hours worked and total charge for all personnel directly engaged on a project ortask. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Suboonou|tents engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate auMhohzadonn, submit progress report giving the percentage of completion of the Project development and the total estimated fee tocompletion. Miscellaneous Engineering Services 000usignEnvelope ID: aEAn000c'000A-4An0000F~oF1ooFoncaon PROFESSIONAL SERVICES AGREEMENT ' EXHIBIT 1 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services one authorized on on Hourly Rate basis, the Consultant shall submit for approval by the Oinoobor, a duly certified invoice, giving nameo, n|aooificadon, salary neUe per hour, hours worked and total charge for all personnel directly engaged onoproject ortask. Tothe sum thus obtained, any authorized Reimbursable Services Cost may bmadded. The Consultant shall attach tothe 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 authohzationo, submit pnugnuom 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 ofliquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTUCLEB5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside nforin 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 3ubuonou|tanto, 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 ohoU not be considered as reimbursable expenses under this Agreement. B5.011'3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance te|ephone, couher, and express mail between Consultant and 8ubnonou|tanta. B5.01-4 Reproduction. Photo-qraphv:Cost cfprinting, reproduction, orphotography, beyond that which is required by or of the Consultant to deliver oervivao, set forth in this Agreement. All reimbursable expenses must beaccompanied bysatisfactory documentation. B5.01-5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable $othe Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 SwrvwVm: Site surveys and special purpose surveys when pre -authorized by the Project Manager. B5.02 REIMBURSEMENTS T0THE SWBCONSULlANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the Cib/'osole option, byvirtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. END OF SECTION Miscellaneous Engineering Services Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal* $89.19 Project Manager $74.14 $215.01 $177.94 Lead Engineer $74.14 $215.01 $177.94 Sr. Civil Engineer $70.54 $204.57 $169.30 Sr. Structural Engineer $73.45 $213.01 $176.28 Sr. Environmental Engineer $70.69 $205.00 $169.66 Sr. Marine and Coastal Engineer $65.52 $190.01 $157.25 Sr. Mechanical, Electrical, and Plumbing (MEP) Engineer $72.76 $211.00 $174.62 Sr. Surveying and Mapping Services $72.76 $211.00 $174.62 Sr. Construction Engineering and Inspection (CEI) Engineer $72.76 $211.00 $174.62 Environmental Engineer $38.27 $110.98 $91.85 Sr. Civil Engineer/Stormwater Modeling $70.42 $204.22 $169.01 Sr. Electrical and 184C Engineer $48.95 $141.96 $117.48 Sr. Geologist $52.61 $152.57 $126.26 Landscape Architect $43.94 $127.43 $105.46 CADD/BIM/GIS Consultant $48.00 $139.20 $115.20 Miscellaneous Engineering Services 44 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Environmental Engineer, Water/Air Standards and Monitoring $70.42 $204.22 $169.01 Civil Engineer/Utility Coordination $43.50 $126.15 $104.40 Architect $70.04 $203.12 $168.10 Cost Estimating and Project Controls $63.45 $184.01 $152.28 Architect $49.77 $144.33 $119.45 Sr. Water Resources Engineer / Environmental Permitting $62.50 $181.25 $150.00 Sr. Mechanical Engineer $49.30 $142.97 $118.32 Sr. Engineer/Natural Disaster Emergency Assistance $64.09 $185.86 $153.82 Public Involvement - Sr. Project Manager $63.45 $184.01 $152.28 Public Involvement - Non -Register Technical Staff $27.00 $78.30 $64.80 Principal -surveyor $70.42 $204.22 $169.01 Project Surveyor and Mapper $50.00 $145.00 $120.00 Survey Technician $32.96 $95.58 $79.10 CAD Technician $25.00 $72.50 $60.00 Crew Chief $25.00 $72.50 $60.00 Instrument Person $20.00 $58.00 $48.00 Rod Person $15.00 $43.50 $36.00 Administrative Clerk $20.00 $58.00 $48.00 Miscellaneous Engineering Services 45 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 JOB CLASSIFICATION NETIATED GO HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Civil /H&H Engineer $50.40 $146.16 $120.96 Civil / Drainage Engineer $50.00 $145.00 $120.00 Marine Biologist Senior $42.50 $123.25 $102.00 Biologist - Staff $45.00 $130.50 $108.00 Marine Biologist Staff $35.00 $101.50 $84.00 Environmental Scientist Senior $39.45 $114.41 $94.68 Environmental Scientist Staff $35.00 $101.50 $84.00 Recreational Planner - Senior $63.45 $184.01 $152.28 Clerical $20.00 $58.00 $48.00 (*) Flat rate, no multipliers applied. Miscellaneous Engineering Services END OF SECTION 46 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 City of Miami Solicitation RFQ 20-21-011 BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (As Amended) CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, WS P USA INC. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official Camille Dominguez Gonzalez, Vice President FL Water District Lead Date: 06/07/21 5/12/2021 9:43 AM p. 71 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE an OF UM OFFICE OF CAPITa-.IPROVEIIENTS (Oa) CONS5LTANTSTANDARD INVOICE To: City of Miami Office of Capital Improvements +,OCI;. 444 SW 2nd Avenue - 51h Flora Miami, FL 33130 ATTN: Invoke Number Ittwoece Data: Page: Invoice Contract No.: contract TM* Prooct No.: Prefect Name: PUrcft36e Order No.: W'ora Order No: Mmlh 00, ocoa From: 1 From To: Moth DC OCOC Mere' 03, 00M NOTE Nv.rks* .ce7Ad eaet 2r00 PM .nil se bumped with the Nett Buenas Gal ' Pretar* runnel peen% as avec petition deaf Eedt reface mug be biped ee • Pvnrar at r. Trm as Groomed Mild* pMcpesit eed..c dmttti°b te eaN IreJim Euhnt %o 121..avu rrpnMP. soma comma Ar0IEIT s0orPLETE ro AL TO EARNED PREvgWLYEIVCI0 RREN CUTIW0 E mama aererranc DPW (e0) $ - $ - 5 S _ DesOn DemScomeM ID0) 5 - S - 3egi Camauoion Doorrrertts S K30?e col S - S - S - 5 - S - S ECA Ca8irmK1W Disarms (_ UN 1 - - 5 - —S - s0?e CcrosrtrcTOr Doormats (Rae cc' 1 % Cms7te4m Doo+mmd r1CC% ccJ Cry Rbe Pcmetrg BOonpaNegDeatonPulse Can:tucton Acmn:nton ICA f, 5 > - 5 - . S - 5 - $ - 5 - $ - 5 $ - 5 - $ - S - 5 - Z 5 - $ - 5 - S - 5 - S - 5 - S - 5 - $ - 5 - 5 5 - 5 $ .T.__.r_ 5 S 5 i . - 1s S S s s Ramwsede Erpenms 1 - $ - — S S rnel «Neel 3. rtRel AWdeo^a'-.er.Ten -- tree 2 to 3 —et - 1 ; 5 - S - 5 - 5 - 1 - 1 - 1 - 5 -. S • s S - 5 - 5 - S - S - s - i $ - 5 - - -3 - $ 7 . _1 s - s - 5 - 5 - S 5 -- { _ f S TOTALI - Pnor toga Invoice RMMbing Cc t act Brrlce: S - t i - _ Subtotal a - DeldCBOde: Total Cis : $ - T0 BE COMPLETE) t3Y CONSULTANT FIRM - — CERTIFIED'RUE PAO :ORRECT EY. SUPPORTING DOCUMENTS CIECI(UST. Adeat r Earpeery Arketora LOW or Puna Deng InrWd Doc --mans W Pepica Cow -sow Storm Rees-. taGnettre M P4nba; _ Fob Perm. t Drammen Senn Arahanaefii. ITYDe wm air Tele of Prrocptl: • CITY OF MIAMI APPROVAL' AREA TO BE COMPLETED BY cm OF MIAM GTE SOAATURE Dee Retened CIP PROJECT MANAGER (CHEF PROJECT IMAGER Jorge L Mora Ome Rewired Tor Parntefe Prvicessrq ,P.umet Oeearrner, DIRECTOR ,ASSISTANT AGO R. Carrasquillo, PE DIRECTOR Miscellaneous Engineering Services 47 RFQ No. 20-21-011/15 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 A E® CERTIFICATE OF LIABILITY INSURANCE [DATYY) 4/29/2024 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 Arthur J. Gallagher Risk Management Services, LLC 300 Madison Avenue, 28th Floor New York NY 10017 CONTACT JGevce earn NAME: ASiT PHONE a/c.No):212-994-7074 (A/r. Ne. Extl: 212-994-7020 ADDRESS: GGB.WSPUS.CertRequest@ai4.com INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: QBE Specialty Insurance Company 11515 INSURED WSPGLOB-01 WSP USA Inc. One Penn Plaza New York, NY 10119 INSURER B INSURER c: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1799533658 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 LTR TYPE OF INSURANCE ADDLSUBR tuen WVE1) POLICY NUMBER POLICYEFF (MM/DD/YYYY1 POLICY EXP (MM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY Approved by Frank Gomez 04/30/i.O24 EACH OCCURRENCE I $ DAMAGE TO RETED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'LAGGREGATEPI P POLICY OTHER: �ITAPPLIESPER: JECT LOC GENERAL AGGREGATE $ PRODUCTS -COMP/OPAGG $ $ I AUTOMOBILE I I LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ IUMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE I $ AGGREGATE $ DED I I RETENTION$ I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEM BEREXCLUDED9 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below y / N NIA I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability CLAIMS -MADE QPL0022630 11/1/2023 10/31/2024 Per Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIRTY (30) DAYS NOTICE OF CANCELLATION RE: Project Number: Opportunity No.: 202218767. Project Description: Federally Funded - Stormwater Infrastucture Improvements. Retro Date: Full Prior Acts CERTIFICATE HOLDER CANCELLATION The City of Miami, Florida 444 SW 2nd Avenue, 8th Floor Miami FL 33130 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ti © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 .�AC®RlO�DATE - CERTIFICATE OF LIABILITY INSURANCE (MM/DDYYYY) 4/29/2024 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 Arthur J. Gallagher Risk Management Services, LLC 300 Madison Avenue 28th Floor New York NY 10017 CONTACT NAME: AJG Service Team PHONE FAX Na ExU: 212-994-7020 (AC, No): RESS: GGB.WSPUS.CertRequestsaajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Liberty Insurance Corporation 42404 INSURED WSPGLOB-01 WSP USA Inc. One Penn Plaza New York, NY 10119 INSURER B : Zurich American Insurance Company 16535 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:338893481 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. ILT R LTR TYPE OF INSURANCE ANRII w n POLICY NUMBER EFF (MM/DD YYYYI (OLICY MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-11 Approved by Frank Gomez 5/1/2024 04/30/2 5/1/2025 EACH OCCURRENCE $ 3,500,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 3,500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 3,500,000 GEN'L AGGREGATE LIMIT APPLIES JECOT PER: LOC GENERAL AGGREGATE $7,000,000 PRODUCTS - COMP/OP AGG $ 4,000.000 24 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y 1 AS7-621-094060-034 5/1/2024 5/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ 1 $ A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N NIA WA7-62D-094060-014 WA7-62D-095609-074 WC7-621-094060-914 5/1/2024 5/1/2024 5/1/2024 5/1/2025 X STATUTE �RH 5/1/2025 5/1/2025 E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule, may be attached if more space is requi ed) TH RTY (30) DAYS NOTICE OF CANCELLATION. The City of Miami, Florida is included as Additional Insured with respect to the General Liability and Automobile Lability policies as required by written agreement, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. The coverage provided by the General Liability and Automobile Liability policies is primary and any other coverage shall be excess only, not contributing. CERTIFICATE HOLDER CANCELLATION The City of Miami, Florida 444 SW 2nd Avenue, 8th 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. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 From: S491ez1r„ Francisco (Frank) To: Caseres, Luis; Ouevedo, Terry; Aviles, Yesenia Subject: RE: Proof of Insurance for WSP USA Inc.- The City of Miami, Florida Date: Tuesday, April 30, 2024 6:45:33 AM Good morning Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" Original Message From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, April 29, 2024 3:57 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: Proof of Insurance for WSP USA Inc.- The City of Miami, Florida Good afternoon, Please review and approve. Best regards, Luis Caseres Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 (305) 400-5335 Lcaseres@miamigov.com Visit us online Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 Detail by Entity Name }ilkDr/J.1;1'01i of jpr r el fin r,/f sre+ furl of Florida sveksiry Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation WSP USA INC. Filing Information Document Number 829626 FEI/EIN Number 11-1531569 Date Filed 03/05/1973 State NY Status ACTIVE Last Event AMENDMENT Event Date Filed 09/19/2023 Event Effective Date NONE Principal Address One Penn Plaza 4th Floor New York, NY 10119 Changed: 03/07/2023 Mailing Address One Penn Plaza 4th Floor New York, NY 10119 Changed: 03/07/2023 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 07/02/1992 Address Changed: 07/02/1992 Officer/Director Detail Name & Address Title Secretary https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WSPUSA... 1/4 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 Jassey, Hillary F. One Penn Plaza 4th Floor New York, NY 10119 Title Director Benz, Gregory P. One Penn Plaza 4th Floor New York, NY 10119 Title Treasurer Esposito, Andrew C. One Penn Plaza 4th Floor New York, NY 10119 Title VP Lynn, Andrew J One Penn Plaza 4th Floor New York, NY 10119 Title VP Reed, Kevin B. One Penn Plaza 4th Floor New York, NY 10119 Title Director Baker, Dennis J. One Penn Plaza 4th Floor New York, NY 10119 Title President & CEO Odeh, David J. One Penn Plaza 4th Floor New York, NY 10119 Title VP Gardiner, Charles One Penn Plaza 4th Floor Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=WSPUSA.. 2/4 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 New York, NY 10119 Detail by Entity Name Title Assistant Vice President Hudspeth, Gregg One Penn Plaza 4th Floor New York, NY 10119 Title Assistant Vice President Barrett, Jeffrey A. One Penn Plaza 4th Floor New York, NY 10119 Annual Reports Report Year Filed Date 2022 04/29/2022 2023 03/07/2023 2024 01/05/2024 Document Images 01 /05/2024 -- ANNUAL REPORT 09/19/2023 -- Amendment 03/07/2023 -- ANNUAL REPORT 04/29/2022 -- ANNUAL REPORT 04/18/2021 --ANNUAL REPORT 02/24/2020 -- ANNUAL REPORT 02/20/2019 -- ANNUAL REPORT 11/05/2018 -- AMENDED ANNUAL REPORT 04/06/2018 -- ANNUAL REPORT 08/14/2017 -- AMENDED ANNUAL REPORT 07/07/2017 -- AMENDED ANNUAL REPORT 05/02/2017 -- Name Change 04/12/2017 -- ANNUAL REPORT 06/20/2016 -- AMENDED ANNUAL REPORT 03/22/2016 -- ANNUAL REPORT 04/23/2015 -- ANNUAL REPORT 06/04/2014 -- AMENDED ANNUAL REPORT 04/07/2014 -- ANNUAL REPORT 01/18/2013--ANNUAL REPORT 02/24/2012 --ANNUAL REPORT 12/08/2011 --ANNUAL REPORT 11/03/2011 -- Name Change 04/13/2011 --ANNUAL REPORT 02/17/2010 -- 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 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 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 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 View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=WSPUSA.. 3/4 Docusign Envelope ID: 8EA5606C-DDDA-4A53-BB3F-6F168F29C865 Detail by Entity Name 03/13/2009 -- ANNUAL REPORT 02/06/2009 -- ANNUAL REPORT 04/24/2008 -- ANNUAL REPORT 02/13/2007 -- ANNUAL REPORT 11/20/2006-- Name Change 02/17/2006 -- ANNUAL REPORT 02/09/2005 -- ANNUAL REPORT 02/25/2004 -- ANNUAL REPORT 03/20/2003 -- ANNUAL REPORT 03/15/2002 -- ANNUAL REPORT 05/07/2001 --ANNUAL REPORT 03/20/2001 --ANNUAL REPORT 02/10/2000 -- ANNUAL REPORT 04/14/1999 -- ANNUAL REPORT 04/02/1998 -- ANNUAL REPORT 05/19/1997 -- ANNUAL REPORT 05/15/1996 -- ANNUAL REPORT 02/14/1995 -- 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 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 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 View image in PDF format View image in PDF format View image in PDF format Florida Department of State. Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=WSPUSA... 4/4 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Tuesday, August 20, 2024 4:44 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cambridge, Susan; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Reinike- Heinemann, Evelyn; Lima, Cristiane Document Distribution - Amendment No. 1 to RFQ 20-21-011 - Misc. Engineering Services - WSP USA Inc. Amendment_No1_to_RFQ_20-21-011 - Misc Eng Services - WSP USA Inc_Executed 08-19-2024.pdf Good afternoon 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. Reinike You may now close this Matter ID 24-1019 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 WSP USA Inc. Miscellaneous Engineering Services — For Capacity Increase 08/19/2024 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