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HomeMy WebLinkAbout25201AGREEMENT INFORMATION AGREEMENT NUMBER 25201 NAME/TYPE OF AGREEMENT CURTIS & ROGERS DESIGN STUDIO, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/MARGARET PACE PARK PHASE I: PARK & WATERFRONT IMPROVEMENTS/FILE ID: 15870/R-24-0203/MATTER I D : 24-2034 EFFECTIVE DATE October 2, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/2/2024 DATE RECEIVED FROM ISSUING DEPT. 10/2/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 OR4 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres /Anthony Hansen EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Curtis & Rogers Design Studio, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 2,256,150.50 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Execution of a Professional Services Agreement with Curtis & Rogers Design Studio, Inc. for RFQ No. 22-23-020 Margaret Pace Park Phase I: Park and Waterfront Improvements COMMISSION APPROVAL DATE: 05/23/2024 FILE ID: 15870 ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: R-24-0203 ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICERReviewed by FVP. OK to proceed. August 20, 2024nInie13Perg,ANDT SIGNATURE: ,—DocuSigned by: �`.;,, RISK MANAGEMENT August 20 , 202 4 np 13: 31 h19rpEDT I SIGNATURE: �Qq�,�7 gyp/ ( ,u Zl7ZWe1K•i Y 7 7IEDT—DocuSignedby:/' SIGNATURE: M I� 204 cOt{0:14: 31 ED SIGNATURE: —nb-413EB`7'3C C"4bb... r—DocuSigned by: Fmk 1Wtti7 '2(395C6318214E7... G{ bV6�t U�iSC `-8877HEgFFE88248B... r�DocuSigned by: CITY ATTORNEY /s/Thomas M. Fos sler Matter ID# 24-2034 September 18, Funding is available for BUDGET OFFICE la lb ld . Add'l funding will be needed for optional tasks. p September 27, \— ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER October 2 , 2024 Larry Springq,, CPA I 10: 13 :12 EDT SIGNATURE: SFeE839-9ee5=40.,... DocuSigned by: CIAni S.pritAl 6.99O5494... ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez, MPA SIGNATURE: N/A ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE September 27, Asael Marrero 2024 I 13:58:06 ED( SIGNATURE: DocuSigned by: —COF4AD9AB03B45A.. DEPUTY CITY MANAGER October 2 , 2024'Itail N q �p FSI��U ( \rIllla SIGNATURE: DocuSigned by: Ne4A44 CCd.444 CITY MANAGER October 2, 2024 2 Art ur Noriega V 11:27:20 EDT SIGNATURE: 84B700975DEA41 B... DocuSigned by: ''II��" aVTu NDVit,y, CITY CLERK October 2, 2024 Tqdd HHa n 114:�:49 EDT SIGNATURE: 850CF6C372DD42A... DocuSigned by: F48L17SFnnrE1A5. PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24222 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Margaret Pace Park Phase I: Park and Waterfront Improvements 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ 0 City Commission — RESOLUTION No. 24-0203 2. PROCUREMENT METHOD: 0 RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 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. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF SERVICES? The Successful Proposer shall provide design and permitting (Federal, State and Local Agencies) of kayak launches, drainage improvements, landscaping, raised baywalk, and living shoreline along the park's shoreline. The Successful Proposer for the landscaping project shall fulfill the following responsibilities by: 1) Integration of Climate Information, 2) Review City's Park Master Plan and incorporate applicable concepts to the Project, 3) Coordination of Florida Inland Navigation District ("FIND") Grant, 4) Design for Asset Service Life, 5) The Coordination with Other Agencies, 6) Risk Characterization and Adaptation Strategies, 7) Permitting Activities, and 8) Construction Administration. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements, Parks and Recreation Department 7. IS THE AWARDEE THE INCUMBENT? N/A Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of Project. 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes Sec. 287.055, Consultants' Competitive Negotiation Act (CCNA) Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Margaret Pace Park Phase I: Park and Waterfront Improvements Project Specific Curtis & Rogers Design Studio, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 SCOPE OF SERVICES 6 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 6 2.04 COMPENSATION 6 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8 5.01 GENERAL 8 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE 9 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY CITY 10 7.04 NON -DISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 13 9.02 VERIFICATION OF INSURANCE COVERAGE 13 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 14 ARTICLE 10 MISCELLANEOUS 14 10.01 AUDIT RIGHTS; INSPECTION 14 10.02 ENTIRE AGREEMENT 14 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 15 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 15 10.06 NOTICES 15 10.07 INTERPRETATION 16 10.08 JOINT PREPARATION 16 10.09 PRIORITY OF PROVISIONS 16 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 17 10.12 COMPLIANCE WITH LAWS 17 10.13 NO PARTNERSHIP 17 10.14 DISCRETION OF DIRECTOR 17 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 18 10.17 CONTINGENCY CLAUSE 18 10.18 THIRD PARTY BENEFICIARY 18 10.19 ADDITIONAL TERMS AND CONDITIONS 18 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 19 ATTACHMENT A - SCOPE OF WORK 23 ARTICLE Al GENERAL 23 A1.01 SCOPE OF SERVICES 22 A1.02 WORK ORDERS 24 A1.03 PAYMENTS 24 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 24 A2.01 FEASABILITY STUDY 32 A2.02 SCHEMATIC DESIGN 32 A2.03 DESIGN DEVELOPMENT 32 A2.04 CONSTRUCTION DOCUMENTS 32 A2.05 BIDDING AND AWARD OF CONTRACT 32 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 42 A2.07 TIME FRAMES FOR COMPLETION 42 ARTICLE A3 ADDITIONAL SERVICES 42 A3.01 GENERAL 42 A3.02 EXAMPLES 43 A3.03 ADDITIONAL DESIGN 43 ARTICLE A4 REIMBURSABLE EXPENSES 43 A4.01 GENERAL 43 A4.02 SUBCONSULTANT REIMBURSEMENTS 44 ARTICLE A5 CITY'S RESPONSIBILITIES 44 A5.01 PROJECT AND SITE INFORMATION 44 A5.02 CONSTRUCTION MANAGEMENT 44 SCHEDULE Al - SUBCONSULTANTS 46 SCHEDULE A2 - KEY STAFF 46 ATTACHMENT B - COMPENSATION AND PAYMENTS 47 ARTICLE B1 METHOD OF COMPENSATION 47 B1.01 COMPENSATION LIMITS 47 B1.02 CONSULTANT NOT TO EXCEED 47 ARTICLE B2 WAGE RATES 47 B2.01 FEE BASIS 47 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 47 B2.03 MULTIPLIER 47 B2.04 CALCULATION 48 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 48 B2.06 ESCALATION 48 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 48 B3.01 LUMP SUM 48 B3.02 HOURLY RATE FEES 48 B3.03 REIMBURSABLE EXPENSES 49 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 49 B3.05 FEES FOR ADDITIONAL SERVICES 49 B3.06 PAYMENT EXCLUSIONS 50 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 50 ARTICLE B4 PAYMENTS TO THE CONSULTANT 50 B4.01 PAYMENTS GENERALLY 50 B4.02 FOR COMPREHENSIVE BASIC SERVICES 50 B4.03 BILLING - HOURLY RATE 50 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 50 B4.05 DEDUCTIONS 50 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 51 B5.01 GENERAL 51 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 51 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 51 B6.01 GENERAL 51 SCHEDULE B1 - WAGE RATES SUMMARY 52 SCHEDULE B2 - CONSULTANT INVOICE 54 Margaret Pace Park Phase I: 2 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Margaret Pace Park Phase I: Park and Waterfront Improvements Contract Type Consultant Consultant Office Location City Authorization Agreement Number Project Specific Curtis & Rogers Design Studio, Inc. 7520 S. Red Road, Suite M, Miami, FL 33143 Section 18-87, City of Miami Code 22-23-020 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this2nd day of october in the year 2024 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Curtis & Rogers Design Studio, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 22-23-020 on August 25, 2023, for the provision of Margaret Pace Park Phase I: Park and Waterfront Improvements ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Margaret Pace Park Phase I: 3 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks to the Director as defined in Section 1.12. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1.09 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI"). 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of OCI or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff Margaret Pace Park Phase I: 4 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's stormwater infrastructure projects over a five (5) year period 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk 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. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will Margaret Pace Park Phase I: 5 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.30 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, "Scope of Work," hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS Prospective Firms must (shall) adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing. 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.Qov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.04 COMPENSATION 2.04-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed $2,256,150.50 inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Exhibit A, "Consultant Work Order Proposal," attached hereto, 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 Margaret Pace Park Phase I: 6 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.04-2 Payments: Unless otherwise specifically provided in Attachment B, "Compensation and Payments," payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. 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 - Consultant Invoice," for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. Margaret Pace Park Phase I: 7 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and 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 Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its 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 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 — Subconsultants." 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely 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 - Subconsultants" without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material 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 Margaret Pace Park Phase I: 8 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials, or employees. The Margaret Pace Park Phase I: 9 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. Margaret Pace Park Phase I: 10 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concerns or reflects its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) 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 to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Margaret Pace Park Phase I: 11 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Margaret Pace Park Phase I: 12 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the City may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The City shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the 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 provisions, and shall be enclosed herein as Exhibit C Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. Margaret Pace Park Phase I: 13 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 for bodily injury caused by disease, each employee, policy limit. 9.03.5 Umbrella Liability: The Consultant shall maintain Umbrella Liability with minimum limits of $2,000,000.00 per occurrence and policy aggregate. Excess Follow form over all liability policies contained herein. 9.03.6 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any 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 security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. Margaret Pace Park Phase I: 14 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriegac miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director of Procurement/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerezc miamigov.com Phone: 305-416-1910 George K. Wysong III City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: GWysonq miamigov.com Phone: 305-416-1800 Margaret Pace Park Phase I: 15 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 With Copies to: Hector Badia Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1236 Curtis & Rogers Design Studio, Inc. Aida M. Curtis, FASLA, ISA Certified Arborist®, WEDG President 7520 S. Red Road, Suite M Miami, FL 33143 Email: aida©curtisrogers.com Phone: 305-442-1774 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. Margaret Pace Park Phase I: 16 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding non-discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Margaret Pace Park Phase I: 17 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 the 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 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 Margaret Pace Park Phase I: 18 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Margaret Pace Park Phase I: 19 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: ATTEST: Cor$iltant Secretary (Affirm Consultant Seal, if available) ATTEST: ,—DocuSigned by: —€4697-5609CF4459— Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: ,—DocuSigned by: 'ratAk aomt") `— 77_395rfi31E214E2_ Ann Marie Sharpe, Director Risk Management Department Curtis & Rogers Design Studio, Inc., a Florida Profit Corporation Du_cao Signature \ ;da fit. Co , es;df Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida &f(Lutie ocuSigned by: Novitlt SOCFSC3-72DD42A Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSigned by: Aovroc, Misat4Ill - 8877r 9FE-882486... George K. Wysong III, City Attorney TMF 24-2034 Margaret Pace Park Phase I: 20 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Fb9e15 be5;10 Sig' di'o , a corporation organized and existing under the laws of the State of Fiona -held on the 8 day ofJ4nua1 , a resolution was duly passed and adopted authorizing (Name)Ada- Gi'4'is (Title) Pros f dex,4 of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of July , 2024 . Secretary: Print: Jervi (2-°9ers POw► ►adult CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip Margaret Pace Park Phase I: Park and Waterfront Improvements 21 RFQ No. 22-23-020 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 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 r br->t da SS: COUNTY OF III j a,Y)'1 i 1)ackit. ) PI GI The foregoing instrument was acknowledged before me this !� day of —SCily , who is personally known to me or who has produced 20 , by a1da M. ax,rfi 5 IePSorvi ICrte.wn as identification and who (did / did not) take an oath. ATURE F`I'4OTARY PUBLIC E OF kart 4Z 3:2— PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC .'4i'k,..,. BARBARA M DIAZ Notary Public - State of Florida `s Commission # NH 399904 •,i .." My Comm. Expires May 18, 2027 Bonded through National Notary Assn. Margaret Pace Park Phase I: Park and Waterfront Improvements 22 RFQ No. 22-23-020 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced landscape architectural firm to provide design services for Margaret Pace Park Phase I: Park and Waterfront Improvements ("Project"), under the oversight of the Office of Capital Improvements ("OCI"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, as well as the Scope of Services contained in this RFQ. The Consultant and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide design and permitting (Federal, State, and Local Agencies) of kayak launches, drainage improvements, landscaping, raised baywalk, and living shoreline along the park's shoreline. The Consultant shall provide design services in two (2) phases. Phase I will be divided into different phases: Phase I "RESILIENCY IMPROVEMENTS" including five (5) sub -phases A, B, C, D and E as follows: Phase IA "Resiliency Master Plan Refinement" will consist of refinements to the existing masterplan, as aligned with the integration of climatic risks information and informed by the community outreach to be conducted initially. This Phase IA will be developed to Concept level only. This phase will occur concurrent with Phase IB. Phase IB "Adaptive Waterfront Improvements" will consist in developing a design and preparing construction drawings, and permitting for Project Area delineated during Phase IA, exclusively located landward of Mean High -Water Line ("MHWL") and including the elements of the FIND Grant Program such as 1,700 linear feet of shoreline stabilization/seawall, addition of rip rap, Miami 21 compliant baywalk and one kayak launch. The kayak launch will not include any fixed or floating structures. Phase IC "Waterfront Edge Design Guidelines Verification" will involve submitting Phase IB "Adaptive Waterfront Improvements" to the Waterfront Alliance for WEDG verification. OPTIONAL Phase ID "Nature Play Playground and Splash Pad" will consist of an expanded nature play area that fosters sense of wonder, discovery, and physical activity for children of different age groups. The new playground will be thoughtfully designed with a focus on safety, inclusivity, and engaging play experiences. It shall incorporate modern and innovative play structures, age - appropriate equipment, and interactive features that promote physical activity, imaginative play, and social interaction. The playground design will take into consideration accessibility guidelines, ensuring that children of all abilities can enjoy the play area. An adjacent splash pad within the park area shall be designed as a testament to the park's commitment to providing inclusive and engaging amenities for visitors of all ages. Phase IE "Flexible Sand Sport Expansion Area" will be located adjacent to the beach volleyball court. This area is designed to accommodate various sand -based sports and recreational activities, such as beach soccer, beach tennis, or sandcastle building. The flexible nature of the area allows for versatility in use, catering to the interests and preferences of park visitors. The sand sports area shall be equipped with proper drainage systems to maintain its usability, even during inclement weather. OPTIONAL Phase II "COMPREHENSIVE RESILIENCY IMPROVEMENTS" will consist of continued design services to identified areas/elements of Phase IA, not included as part of the earlier phases that Margaret Pace Park Phase I: 23 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 will be developed from schematic design through construction documents, inclusive of permitting, bidding and construction administration; this could include any coastal adaptation elements located waterward of MHWL. Construction administration services for Phase I and Phase II are included in the scope, however, fees will be determined at a later date. The City may also require the Consultant to perform surveying, geotechnical investigations and testing, landscape architecture, roadway lighting, traffic study, public involvement, and related services if necessary for the design and preparation of construction documents for the Project. The Consultant's team shall consist of the following personnel: ■ Project Manager In addition to the Key Personnel listed above, the Consultant's team shall have the following Required Personnel, through either the Consultant's staff or that of any Subconsultant: ■ Civil Engineer ■ Structural Engineer ■ Environmental Engineer ■ Arborist ■ Surveyor/Mapper Further details concerning the Scope of Services are contained in the solicitation for Margaret Pace Park Phase I: Park and Waterfront Improvements, included as part of this Agreement. A more detailed version of scope of work is included in Exhibit A., "Consultant Work Order Proposal." A1.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with the provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROJECT SERVICES Consultant agrees to provide complete professional design services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Margaret Pace Park Phase I: 24 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 PHASE I "MARGARET PACE PARK RESILIENCY IMPROVEMENTS" PHASE IA: "RESILIENCY MASTER PLAN REFINEMENT" TASK 1: ANALYSIS OF EXISTING CONDITIONS Base Mapping Consultant will assemble existing information provided by the City and prepare a base map/model that will serve to develop the adaptation strategy diagrams and design and construction documents for the Project. Review of Existing Information Consultant shall review and analyze existing relevant data compiled and provided by the City and others, to inform the resilience and flood protection master -planning aspects of the Project — including but not limited to relevant existing plans, site elevation data, localized sea level rise projects, associated changes in the wet -season groundwater heights, storm surge modeling including sea level rise, areas of concern in the vicinity of the Project as identified by the Stormwater Master Plan, existing water management infrastructure, planned capital improvements for the area, long-term parking plans, and information about surrounding assessed property values, ownership and land use. • General Site Conditions: Photographic inventory of the existing conditions: A preliminary data gap analysis will be performed to identify areas of deficiency along with recommendations on prioritizing data collection and appropriate tools and models needed to develop a baseline assessment that will provide the basis of a mutually agreed upon approach for successful delivery of the Project. • Existing Park Masterplan recommendations: ➢ An evaluation of the existing masterplan proposed improvements and its relation to the previous outreach activities will be conducted. ➢ Recommendations on programing elements to be reassessed will be identified. Site Modeling Using LIDAR and other remote sensing technologies, the Consultant will generate a conjectural base model of the site's vulnerabilities and natural systems, including wind fetch, bathymetry, topography, hydrology, vegetation, and land use patterns. This model will be ground-truthed and adjusted during site visits and via community input and will form the basis of an analysis of the potential for interventions within Margaret Pace Park and the immediate surroundings to mitigate environmental, economic, and social vulnerabilities. We will use this model to identify critical inundation vulnerabilities, including but not limited to: freshwater and flash flooding; wave run-up, sea surge, potential breaches and other sources of saltwater flooding and destruction; windstorm hazards; coastal habitat for flora and fauna, especially threatened and endangered species; contamination, nutrient -loading, and heat - loading of freshwater and saltwater bodies from runoff and other sources. Coastal Resiliency Modeling The Consultant will adopt projections provided by Miami Dade County Office of Resiliency and/or the Unified Sea Level Rise Projections published by the Southeast Florida Regional Compact on Climate Change. Due to the uncertainty in projections and variation in service life between different park components, various projections will be assessed. Published tidal and recent king tide data will be adopted to provide water levels and extreme tide water levels. The exceedance probability and flood nuisance days will be estimated for various tidal and sea level rise conditions. • Coastal Resiliency: The consultant will evaluate the Project area relative to storm impacts, and the ability to withstand hurricanes. Margaret Pace Park Phase I: 25 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 • Preliminary Inundation Mapping: The Consultant will assess potential inundation for various scenarios related to the sea level rise and tidal events (i.e., "king tides") based on available topographic data. The Project area will be categorized relative to flood exposure as well as critical areas. Site Vulnerability Assessment Analysis of the existing conditions of the park The Consultant shall provide basic 3D model of the existing conditions of the park to determine susceptibility of sustaining damage as a result of climate change. Analysis will include: • Site Climate + Microclimate Analysis • Sun + Shade Studies • Solar Radiation + Radiant comfort and urban heat island effect (UHI) studies • Wind + Airflow Analysis • Review baseline of relevant codes DELIVERABLES: Site Investigation Report Project Area Delineation Together with the City, the Consultant will develop a project area delineation and define boundaries outside the park that will be considered for the Adaptation Redesign. Adaptation Strategies The Consultant will identify and develop preliminary adaptation strategies that help to meet the City's resiliency objectives and are tailored to the Park's unique risk and vulnerability profile, and strategically developed to best position them for external funding toward implementation. Strategies will be prioritized using a mutually agreed upon evaluation criteria that could include but not be limited to analysis of potential benefits and costs, feasibility, fundability and community and stakeholder priorities. Adaptation Strategy Diagrams A maximum of two (2) diagrams will be provided in order to achieve the Project's goals for climate adaptation and resilience. The Consultant will develop strategy diagrams that: • Identify current and future climate hazards such as sea level rise, coastal flooding, overall increased temperature, increased number of high temperature days, precipitation changes, fire, wind, and air quality. Develop potential adaptation strategies including, but not limited to: ➢ Raising critical infrastructure ➢ Manipulation of topography ➢ Restoration of coastal vegetation ➢ Integrating green infrastructure to help reduce flood impacts. ➢ Planting more heat -and -drought and flood -tolerant vegetation ➢ Installing or increasing the height of flood barriers such as revetments, levees, and sea walls ➢ Using construction materials resilient to increased temperatures, wind and fire risk, or periodic inundation. ➢ Develop Policy Menu for adaptation alternatives. ➢ Identify opportunities for partnership with other agencies and municipalities to expand the scope of intervention to the surrounding street and road rights -of -way, such as through an urban forestry initiative that adds vegetation to the neighborhood as an expansion of the park's green infrastructure, and that hydrologically connects the neighborhood streets for flood conveyance and water quality improvements to further leverage the improvements to the park. Margaret Pace Park Phase I: 26 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 TASK 2: OUTREACH AND ANALYSIS OF EXISTING PARK MASTERPLAN The goal of the outreach plan is to empower people to make informed choices about their future, educate them on the issues of climate change and sea level rise as it affects Miami. This outreach plan shall strive to build political support for climate change adaptation. The implementation of strategies shall engage the public. This outreach plan shall include different levels of engagement with the Community. The consultant shall engage with Internal Stakeholders and External Stakeholders that may have a stake in the Project. The Consultant shall attend Community Events/Workshops — organized to present information and engage the community in the planning of solutions. The Consultant will prepare all collateral material to be distributed at events, and to be utilized to inform and educate the community about the Project, and the importance of climate change preparation and adaptation. The following is an anticipated list of outreach events: Outreach kickoff (Outreach # 1) Consultant shall confer a first outreach kickoff meeting at the end of analysis of existing conditions to share finding with the community and solicit initial input for the identified elements of the existing Park Master Plan that need reassessment toward a "Resiliency Master Plan Refinement" concept. Resiliency Master Plan Concept Refinement (Outreach #2) After the first outreach is conducted the consultant will prepare a refined master Concept Plan based on findings and community input. Input toward the next Phase IB "Adaptive Waterfront Improvements," will also be sought supported by the site findings. At this second meeting Master Plan Refinement — Preliminary Concept will be presented. DELIVERABLE: Resiliency Master Plan Refinement — Concept PHASE IB: "ADAPTIVE WATERFRONT IMPROVEMENTS" TASK 1: Data gathering, surveying Site Survey Scope Consultant shall prepare a property survey in CAD and PDF format, including shoreline elements (with elevations extending seaward to 2 feet below MLW for sufficient overlap with bathymetric survey), easements, and submerged property boundary. In addition to the specific scope items, all survey work will adhere to the City of Miami survey Guidelines and will comply with the Standards of Practices for Land Surveyors Rule 5J-17 F.A.C., Florida Statue 472.027. The proposed Design Survey Scope of work includes the following Design Survey Services: Park Boundary Design Survey: it is the intent of this scope to gather sufficient survey data to submit a boundary and design survey of Margaret Pace Park. In addition to establishing the parks boundary lines, a 3D model will be performed using all applicable survey methodology including but not limited to Mobile Lidar, Static Lidar, and UAS (drones) Equipment etc. The proposed Boundary and Design Survey Scope of work includes the following design survey task: ➢ Horizontal and Vertical Control: Horizontal Control will be established on the Florida State Plane Coordinate System, East Zone, and North American Datum (NAD) of 1983/1990 Adjustment. Vertical Control will be established on the NAVD 88 vertical datum. ➢ Boundary Survey A boundary survey according to Owner's property legal description as well as all applicable historical research to be performed including title searches. Margaret Pace Park Phase I: 27 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 • Monuments will be set at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. • All parcels, easements, etc. as shown on recorded plats will be plotted. • Right of way lines will be established as per Right of Way Maps, platted and/or dedicated right of ways as applicable. • Survey will identify the Flood Zone designation. • Subsurface infrastructure survey will be conducted for selected stormwater pipes within the park property, as necessary to determine pipe alignment for the survey. • Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersection(s). Topographic and DTM (3D model) Survey will be performed to establish 1-foot contours for the site and depict drainage patterns. All ground features and improvements will be located including (but not limited to) existing lighting, pavement markings, trees, pedestrian ramps, drainage structures (including rim/gutter elevations, pipe invert elevation, pipe material, direction, size, alignment/direction, and condition), sanitary sewer structures (rim elevation, bottom of structure elevation, pipe invert elevation, direction, size, etc.). Note: A 3D model of existing buildings and/or structures is not a part of this survey. • Finish Floor elevations on all existing buildings and building entryways/steps will be established. • All structures will be located. The survey will identify the type of structure, rim elevation, pipe invert elevation, pipe materials, direction, size, and condition. • Supplemental mapping including maps, parcels, and legal descriptions will be reviewed as needed to confirm City ownership of the shoreline filled pre-1957 and new maps, parcels, and legal descriptions will be prepared to complete a possible Butler Act Survey. A title report to include the submerged lands back to statehood will be provided. Document Research: will be performed based on all accessible and / or available "public records, dedication easements, right of way maps, etc., as well as the Miami - Dade County Property Appraisers. • Topographic and bathymetric surveys will be conducted for the property to serve as the basis for design and regulatory permitting. Specifically, the location and elevation of the existing shoreline structures, Mean High Water Line, Mean Low Water Line, and immediate water depths along the shoreline will be identified along with other general features along the shoreline (outfalls, etc.). In addition, water depths fronting the shoreline will be collected to support engineering design of shoreline improvements out to wading depths. • Preparation of a sketch to include any sovereignty submerged lands lease/easements in the riparian area of the Park, is not included on the Project scope. Depiction of the riparian lines, proximity to nearshore edge of federal channel/right-of-way, deeds/dedication from the State of Florida Trustees of the Internal Improvement Trust Fund is still included on the survey scope. DELIVERABLES: Electronic files, signed and sealed PDF's, Point txt file using PNEZD format, Georeferenced Orthomosaic, georeferenced high density point cloud. Marine Resources Survey Consultant will conduct a benthic marine resource survey. Qualitative data (e.g., species, approximate percent coverage, and location of any marine resources observed) will be recorded. Consultant will wade along the Project shoreline up to knee -depth, as accessible and safe, to document any coastal and marine resources that may be growing on the shoreline riprap or in the very nearshore shallow area. General notes will be collected for mangroves Margaret Pace Park Phase I: 28 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 growing at or below the water level (# of seedlings w/ approximate height, DBH, canopy, location); a comprehensive Project site tree survey, including mangroves, to be provided to be provided by others. Presence of jurisdictional wetland species growing along the shoreline will be noted; no wetland delineation is included. Marine scientists will survey the benthic nearshore habitat by snorkeling out to 20 feet offshore to map the nearshore edge of submerged aquatic vegetation (SAV) if present. Corals growing on any shoreline structures/riprap, or nearshore benthic area out to 20 feet offshore will be noted and identified by location, species, diameter, and general health. The survey will be conducted during the federally recognized seagrass growing season. The data will be processed and illustrated on a marine resource map over an aerial. The marine resource map will include location and coverage of documented marine resources. The resources will also be depicted on permit plans to identify impact areas, as applicable. An Environmental Survey Report, including representative photographs, will be prepared and submitted with environmental permit applications. Shoreline Inspection • Inspection: The Consultant will perform an engineering inspection of the shoreline. The inspection of the shoreline will include visual inspection of the riprap retaining components for excessive deterioration, damage, and/or displacement, as well as visual inspection of the area upland of the rock revetment for excessive undermining or sediment transport. • Field notes will be collected to document observed damage or deterioration, which will be referenced to stationing established along the shoreline. Above and below water photographs will also be obtained to document the assessment and will be included in the engineering report. The inspection will be conducted generally following methods provided in the American Society of Civil Engineers Manual No. 130: Waterfront Facilities Inspection and Assessment. • Engineering Report: A letter report will be prepared to summarize the engineering observations and results of the inspection. The report will include an assessment of the existing shoreline and recommendations for shoreline stabilization and compliance with the City's shoreline minimum elevation standards. Color copies of photographs to reference observations will be included. Tree Survey and Arborist Report Consultant will conduct an inventory of trees within the Site using hand-held differential Global Positioning System (GPS) units. The Consultant will collect the following information for each tree and provide the information in tabular, hard copy map, and GIS shape file format: tree number (auto generated), species, diameter breast height (DBH) class, canopy spread class, condition, defects and maintenance/disposition recommendations, and overhead utility observations. The assessment does not consider an International Society of Arboriculture (ISA) Tree Risk Assessment. Trees subject to this scope of services, and as evaluated in the field, will be observed for signs and symptoms that are highly visible. Defects that may exist underground or internally in the tree(s) will not be considered in our analysis. A basic assessment will be conducted from the ground. Accepted arboriculture techniques will be utilized during the analysis, which include visual observation only. Consultant conclusions and analyses are valid as of the date of the inspection, as site conditions may change over time. Arborist report will be provided for qualifying trees, provided in tabular format correlated to tree locations identified in the survey. Florida Bonneted Bat Survey Consultant will conduct a limited roost survey for the Florida bonneted bat (FBB, Eumops floridanus) within the planned improvement areas of the park. Note that a limited roost survey Margaret Pace Park Phase I: 29 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 applies to project areas less than five acres. The purpose of this limited roost survey is to evaluate if FBBs are likely to actively roost or use the project area. A peep camera will be used to evaluate tree cavities in those tree/palm types identified as potential roosting habitat in the Florida Bonneted Bat Key published by the US Fish and Wildlife Service (October 22, 2019). The results of this limited roost survey will be provided in a summary report. TASK 2: COMMUNITY OUTREACH Outreach Meetings The Consultant shall participate in Community Events (max 2), during the development of task IB, as organized by City's Office of Communication. The first Community Outreach meeting will be held during Schematic Design; at this meeting, the design for the Adaptive Waterfront Improvements will be presented. Community input will be solicited and incorporated into the final Adaptive Waterfront Improvements Design Development Plans. The second Community Event will be held during Design Development to inform the stakeholders of the progress of the design. The consultant shall participate in City Boards and Commission meetings presentations (max 3) as follows: Climate Resiliency Committee (1), Miami Forever Bond Citizens' Oversight Board (1) Commission Meeting (1). TASK 3: SCHEMATIC DESIGN The Consultant shall prepare Schematic Design for the implementation of a 2025 (FIND Grant) Adaptation Plan, Consultant shall prepare and present, in writing and at an oral presentation, if requested, for approval by the City, a Schematics Report, comprising of Schematic Design Drawings, a Statement of Probable Construction Cost, Project Development Schedule, and Constructability Review reports, as follows: A Statement of Probable Construction Cost, in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions, and construction contingency. Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar Project unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local construction industry. The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. Constructability Review reports shall be conducted by the City and/or the Consultant at design stages deemed necessary by the Project Manager. Consultant shall provide five (5) additional deliverable plan sets for distribution, by City, to others for this purpose. There shall be an established deadline for review report submission back to the City. Consultant shall provide written responses to all comments within two (2) weeks and shall maintain files of all related review reports and response reports. If necessary, City may coordinate Constructability Review meetings with some or all of the reviewers with Consultant present to discuss specific issues. In addition to the Constructability Review process mentioned above, 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 City. Any findings as a result of said Peer Review would be addressed by Consultant, and if requested by City, would be incorporated into the design documents, at no additional cost to City and no extension of time to the schedule. Margaret Pace Park Phase I: 30 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 TASK 4: DESIGN DEVELOPMENT The Consultant shall prepare Design Development for the implementation of a 2025 (FIND Grant) Adaptation Plan. 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 Costs, and Constructability Review reports, as follows: The Design Development Documents shall consist of drawings (site plans, elevations, and sections), outline specifications, and other documents. Design Development consists of continued development and expansion of landscape architectural, coastal, and/or civil Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of each element through: • Plan sections and elevations. • Typical construction details • Final materials selection • Construction phasing plan The updated Development Schedules shall show the proposed completion dates of each milestone of the Project through design, bidding, construction, and proposed date of occupancy. The consultant will also detail all long lead procurement items and architecturally significant equipment that will need to be purchased prior to the completion of Construction Documents. 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 Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Constructability Review reports. Prepare a summary report, and/or Design Development drawings on various options for road and drainage improvements. Review any available geotechnical reports for structural concerns and for the recommended foundation system. Assist the City in preparing a preliminary opinion of costs and an outline of specifications. TASK 5: CONSTRUCTION DOCUMENTS From the approved Design Development Documents the Consultant shall prepare, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 60%, 90%, 100% 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 in the 60%, 90%, 100% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to define the Project fully. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Cost. 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 of the budgeted amount. Margaret Pace Park Phase I: 31 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Assist, if required, in obtaining approval by appropriate review agencies. Assist, if required, with manufacturer or supplier recommendations. Consultant shall include, and will be paid for, City -requested alternatives 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 established Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 60% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 60% Documents review (check) set shall be returned to City upon submission of 90% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Due to the permit schedule, it is Critical that the City provides comments, if any, within five (5) business days of submittal to the City. TASK 6: PERMITTING Maximum Cost Limit Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City shall establish and communicate to the Consultant a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids within ninety (90) calendar days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist 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. Dry Run Permitting The Consultant shall file and follow-up on permitting activities at the 30%, 60% and 90% and Final stages of the design 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 OCI 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 increases in costs set forth in the Statement of Probable Construction Cost that, in the opinion of the Consultant, is caused by the requirement(s) of such. Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall also provide digital versions of the drawings in .dwg, .plt, and .pdf formats. The specification additional terms and conditions shall be provided in both .pdf and .doc formats. Environmental Permitting (FIND Waterfront Improvements) The Consultant will provide environmental permitting for the waterfront improvements specifically identified in the FIND grant such as: 1,700 linear feet of shoreline stabilization/seawall, addition of riprap, Miami 21 baywalk and one kayak launch. Permit applications will be assembled and submitted to the Florida Department of Environmental Protection (FDEP), United States Army Corps of Engineers (USACE), and Miami -Dade County Division of Environmental Resource Management (DERM) based on their respective rules and regulations. The Consultant will maintain contact with the agencies to facilitate the Margaret Pace Park Phase I: 32 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 review of plans and will respond to requests for additional information (RAI). The goal of this task is to obtain the requisite environmental permits and provide permit compliance assistance through construction and monitoring. • Pre -application Consultation with the Agencies: The Consultant will coordinate with the FDEP Division of State Lands in Tallahassee, FDEP Environmental Resource Permitting Program in West Palm Beach, USACE and Miami -Dade County DERM on the FIND Grant -related portions of the Project that will be submitted for permitting in 2024 and FIND project permitting completion by September 30th, 2025. A summary/minutes of the pre -application meetings will be prepared for distribution to all meeting attendees. When possible and appropriate, multi -agency meetings will be pursued to establish a baseline understanding of the Project. Each pre -application meeting will have its own agenda and may be accompanied by a PowerPoint presentation. • Disclaimer Application (for Historical Fill on Submerged Lands) & Processing: A cursory review of state lands records indicates a portion of the park shoreline has been deeded out of sovereign ownership, another portion of the park is encumbered with a State of Florida Dedication over sovereign filled lands; sovereign areas not already deeded/dedicated and filled prior to 1957 may be eligible to be disclaimed. The Consultant will coordinate the historical aerials to assist the Project surveyor in describing the parcel to be disclaimed. We will combine the deeds of the formerly submerged land, survey of the present day mean high water line from the Project surveyor, and proposed legal description from the Project surveyor of the area to request it be disclaimed by the State, together with the Application for Disclaimer with available documentary evidence prepared by the Consultant to confirm title of formerly sovereignty lands filled prior to June 11, 1957. Title commitment report or title opinion, if needed, to be provided by the Client. This application will be processed by the FDEP Division of State Lands separate from the FDEP environmental permit application noted below. Upon FDEP approval of the Application for Disclaimer, the City shall record it in the County's Official Records, and the Project surveyor shall depict the updated property boundary to reflect the disclaimed lands. This task will be processed concurrent with the environmental permitting; environmental permitting is not dependent on this task. • FDEP ERP Application and Processing: The Consultant will prepare and process an Environmental Resource Permit (ERP) Application with the FDEP, requesting authorization of the proposed waterfront improvements under Chapter 62-330, F.A.C. The Client will provide the Consultant with a signed application form and a permit processing fee (to be determined). To the greatest extent practicable, all waterfront improvements will occur landward of the mean high-water line. The Consultant will request a Letter of Consent for the shoreline improvements and the kayak launch along with the ERP application, no submerged lands lease or easement is anticipated. Shoreline improvements may impact mangroves and/or corals; a mitigation plan may be included to address coral impacts. No SAV will be impacted and, thus, no SAV mitigation is anticipated. The kayak will involve upland excavation landward into the park; the kayak launch will not include any fixed or floating structures seaward of the MHWL. Note that the upland baywalk is included in the FIND Grant -related waterfront improvements and thus, must be a part of the ERP application package submitted to FDEP. Following issuance of the FDEP ERP, the City will coordinate the publishing of the Notice of Permit in a newspaper of general circulation (Client to pay newspaper publication fee, fee to be determined). Proof of publication will be provided to FDEP. USACE Application & Processing: The Consultant will prepare and process a Department of the Army Application with the USACE requesting authorization of the Margaret Pace Park Phase I: 33 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 proposed waterfront improvements. The Client will provide the Consultant with a signed application form and agent authorization form. The Client will provide a $100 permit fee, if required by USACE. The Consultant will provide additional information (e.g., JAXBO Forms, NMFS Section 7 checklists, etc.) to the consulting agencies to the USACE - National Marine Fisheries Service (NMFS) and the United States Fish and Wildlife Service (USFWS), as applicable. It is anticipated that no formal consultation with NMFS and USFWS will be required. DERM Class I Coastal Construction Permit Application & Processing: The Consultant will prepare and process a Miami -Dade County Division of Environmental Resource Management (DERM) Short Form Class I Coastal Construction Permit Application requesting authorization for the proposed waterfront improvements pursuant to Chapter 24 of the Miami -Dade County Code, to the degree one is require. An exemption application and/or no permit required confirmation will be requested from DERM as applicable. No fill will be proposed more than 12 inches waterward of the mean high-water line, therefore approval will not be required from the Board of County Commissioners (BOCC). The Client will provide the Consultant with an application form signed by the owner, warranty deed, contractor information; mitigation contributions (if required), permit application, and permit fees (to be determined based on estimated construction cost). The Project falls within the jurisdiction of the Miami Shoreline Development Review Committee. An application for an exemption related to the shoreline improvements will be submitted to the Committee. DERM will likely require confirmation of exemption prior to issuance of their permit. Permit Compliance Assistance: Following permit issuance by FDEP, USACE, and Miami -Dade DERM (herein after referred to as the Agencies), the Consultant will provide compliance assistance upon request by the Client to include calendar tracking/reminders of deliverables to the Agencies, assistance interpreting specific conditions, a monitoring matrix and timeline, annual permit compliance assessments and permit closeout following completion of construction and monitoring work. Any areas of compliance concern will be relayed to the Client during preparation of the annual compliance assessment memo with recommended solutions offered. Included in this task is coordination of any permit Notice to Proceed requirements and pre - construction meetings. Resolution of any enforcement actions pursued by the Agencies through written correspondence such as a Warning Letter, Consent Orders/Decree, Notice of Violation, etc. is not included. Fees for this compliance are in addition to those established by this agreement. TASK 7: BIDDING AND AWARD OF CONTRACT 7.1 Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the Construction Documents from authorities having jurisdiction, and acceptance by the City of the 100% Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and 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 a reimbursable service to the Consultant. 7.2 Issuance of Bid Documents, Addenda, and Bid Opening The City shall issue the Bid Documents to prospective bidders and keep a 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 addenda or clarifications, or responses shall be issued by the City. Margaret Pace Park Phase I: 34 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 • The Consultant shall prepare revised plans, if any are required, for the City to issue them to all prospective bidders. • The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend any and all pre -bid meeting(s) and require attendance of Subconsultants at such meetings. • The Consultant will be present at the bid opening, if requested by the City. 7.3 Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids received to determine the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: • Approve an increase in the Project cost and award a Contract; • Reject all bids and re -bid the Project within a reasonable time with no change in the Project or additional compensation to the Consultant; Direct the Consultant to revise the scope and/or quality of construction and rebid the Project. The Consultant shall, without additional compensation, 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 where the bid price exceeds 10% 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, or abandon the Project. NOTE: Under item three (3), above, the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. TASK 8: ADMINISTRATION OF THE CONSTRUCTION CONTRACT (PHASE 1B IMPROVEMENTS) - Fees to be determined at a later date 8.1 The Construction Phase will begin with the issuance of the NTP to the chosen Contractor and will end when the Consultant has provided to the City all post construction documents, including Contractor As -Built drawings, Consultant's record drawings, warrantees, guarantees, 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 as provided by this Agreement, and as provided by law. 8.2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. 8.3 The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a minimum on a weekly basis, 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 shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress of 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 Margaret Pace Park Phase I: 35 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 responsible for writing and distributing minutes of all meetings and field inspections reports from all meetings it is asked to attend. Consultant and Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant will not be held responsible for the Contractor's or Subcontractors', or any of their agents or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. 8.4 The Consultant shall furnish the City with a written report of all observations of the Work made by Consultant and require all Subconsultants to do it 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. The Consultant shall submit the reports in a timely manner. The Consultant and Subconsultants shall ascertain that the Work is acceptable to the City. 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 meetings shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. 8.5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amounts as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to the amount stated on the requisition subject to: • A detailed evaluation of the Work for conformance with the contract upon substantial completion; • The results of any subsequent tests required by the contract; • Minor deviations from the contract correctable prior to completion; and, • Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement for 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 a cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. 8.6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. 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 decisions, within a maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. 8.7 The Consultant shall have the authority to recommend rejection of Work that does not conform to the Contract Documents. Whenever, in their reasonable opinion, the Consultant Margaret Pace Park Phase I: 36 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. 8.8 The Consultant shall promptly review and approve, reject, or take action on shop drawings, samples, RFI's, and other submissions of the Contractor. Changes or substitutions to the construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of OCI. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. 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 Section 218.70. 8.9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultant's own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, their recommendation or proposed action along with an analysis and/or study supporting such recommendation. 8.10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion" after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall, in conjunction with representatives of the City and the Contractor, prepare a punch -list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Florida Statute 218.735. 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 close-out documentation from the Contractor including but not limited to all guarantees, warranties, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, laws, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. 8.11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system; 2) initial start-up and testing, adjusting and balancing of equipment and systems; and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. 8.12 The Consultant shall review the Contractor's "as built" drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the "as built" drawings. 8.13 The Consultant shall furnish to the City the original documents, including drawings, revised to "as -built" conditions based on information furnished by the Contractor; survey, and specific conditions. In preparing the "Record Set" documents, the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certification required under this Agreement including the contents of "as -built" documents is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by "Change Authorization," "Change Order," "Request for Information," substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "Record Set" and record documents. Margaret Pace Park Phase I: 37 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 "Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. The Consultant shall furnish to the City one complete set of "Record Set Drawings," in Auto CADD (computer -aided design and drafting) Version 2000 or such other format acceptable to the City. 8.14 The Consultant shall furnish to the City a simplified site plan reflecting "as -built" conditions with graphic scale and north arrow. 8.15 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. 8.16 Nothing contained in this paragraph shall be construed to release Consultant or Consultant's subcontractors from liability for failure to perform, in accordance with contractor standards, any duty or responsibility that Consultant has undertaken or assumed under this Agreement. TASK 9: SIGNAGE 9.1 EXISTING SIGNAGE EVALUATION 9.1.1 Signage Evaluation The current signage package (included in the 100% set of documents) will be evaluated in relationship to the newly updated park's city-wide signage masterplan and determinations will be made based on possible adjustments to meet current standards. 9.1.2 Signage Evaluation Report A signage evaluation report will be produced including signage evaluation and signage updated plan along with signage recommendations and themes/parameters for the narratives related to each signage monument. 9.1.3 Signage Key Plan Update Based on the findings of the evaluation an updated signage Key Plan will be produced. 9.2 SIGNAGE DEVELOPMENT 9.2.1 Signage Format Adjustments Signage types and format adjustments will be developed for all park signage in the scope of work. 9.2.2 Signage narratives and graphic development Signage narratives and graphic development selection will be drafted for each sign. 9.2.3 Signage content narratives / graphic vetting with the Resiliency & Communication City Departments The draft of all narratives along with the graphic content will be vetted and refined in collaboration with the with the Resiliency, Parks & Communication City Departments 9.2.4 Signage graphic design development Graphic final design development will be laid out for each park sign in the scope of work after approved text and graphics have been confirmed by the city departments. 9.2.5 Signage estimate of probable cost A probable cost estimate will be produced to assist the city in securing funds for the Project. Margaret Pace Park Phase I: 38 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.2.6 Coordination with multiple City departments This task is for the needed coordination across multiple city departments. 9.2.7 Grant Funding Assistance Our team will assist in identifying potential sources of funding for this project. A list of identified sources of funding along with writing assistance on the applications will be provided for one preferred identified application. 9.3 SIGNAGE PACKAGE & MATERIALITY 9.3.1 Signage Site Plan A final signage plan coordinated with site proposed features will be developed. 9.3.2 Signage Site Details Signage site details for bidding and construction will be developed. 9.3.3 Signage Package A complete Signage package including narrative and graphics for each monument sign will be provided. 9.4 SPANISH TRANSLATION Spanish translation of all signage narratives will be provided and vetted with the city communication's department. 9.5 PROJECT MANAGEMENT COORDINATION Ongoing project management with the consultants and the City Project Manager. TASK 10: DEVELOPMENT OF WEB PLATFORM CONTENT Given limited space in the monument sign, the educational interpretation content of the Project will have QR codes embedded that will take the interested user to a web platform for expanded narratives and graphic content. The consultant will develop the content. The city will be responsible for the web platform and hosting. PHASE IC: "WATERFRONT EDGE DESIGN GUIDELINES VERIFICATION" (WEDG) (OPTIONAL) General A program of the Waterfront Alliance, the Waterfront Edge Design Guidelines (WEDG) is a credit and guideline -based system providing mechanisms and guidance to Owners, Government Agencies, Professionals, and the greater community for the development of waterfront projects. The guidelines support decision making for development that is resilient to the coastal impacts of climate change, enhances ecological protections, and provides equitable public access. WEDG provides guidance for individual projects, as well as neighborhoods and larger -scale community efforts. It is the City's intent to participate and to seek a WEDG certification for the "Margaret Pace Park Adaptive Waterfront Improvements" activities and incorporate its guidelines toward the design of the Project. Pursuing WEDG will allow the city to get verification on balancing resiliency, ecology, and equitable access; educate and guide professionals into making sound decisions with respect to waterfront; improvements; educate the community on the benefits of reducing the risks associated with sea level rise and storm -related flooding, while protecting habitats and the ecological functions of coastal zones; Develop a mechanism to assess development projects in coastal zones. Using WEDG guidelines will ensure resilience, ecology, and equitable access are being considered and or adhered to during the development and implementation of waterfront projects; WEDG will promote better prepared permit applications and provide plan reviewers with better tools to assist in the review and approval process; Receiving a WEDG certification provides validation that the Project adopted decision making approaches to development that is resilient Margaret Pace Park Phase I: 39 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 to the coastal impacts of climate change, enhances ecological protections, and provides equitable public access. The Consultant will assess/develop the Project across all the following categories to achieve WEDG 3.0 verification. TASK 1: CATEGORY 0: SITE ASSESSMENT & PLANNING CREDIT 0.1: Enlist a Multidisciplinary Project Team CREDIT 0.2: Assess Sitewide Social and Ecological Context and Vulnerabilities CREDIT 0.3: Develop and Implement a Plan for Equitable Stakeholder Engagement CREDIT 0.4: Create a Maintenance and Adaptive Management Plan TASK 2: CATEGORY 1: CLIMATE AND HAZARD RESILIENCE CREDIT 1.1: Avoid or Reduce Flood Risk from the Waterbody CREDIT 1.2: Reduce Pluvial Flooding and Stormwater Discharge CREDIT 1.3: Improve Stormwater Discharge Quality CREDIT 1.4: Establish an Emergency Preparedness and Response Plan CREDIT 1.5: Reduce Contribution to Urban Heat TASK 3: CATEGORY 2: COMMUNITY ACCESS & CONNECTIONS CREDIT 2.1: Provide Quality Public Access Areas on the Waterfront CREDIT 2.2: Design Sites to Improve Visual and Other Sensory Connections to the Water CREDIT 2.3: Support Industrial Water -Dependent Uses CREDIT 2.4: Reduce Industrial Impacts to Human Health and Wellbeing CREDIT 2.5: Provide Diverse Programming and Passive Educational Features CREDIT 2.6: Increase Transportation Access to the Waterfront CREDIT 2.7: Create Maritime or Environmental Employment Opportunities CREDIT 2.8: Increase Waterfront Pathway and Greenway Connectivity CREDIT 2.9: Provide Direct Connections to the Water for People and Boats CREDIT 2.10: Support Diverse and Sustainable Maritime Activity TASK 4: CATEGORY 3: EDGE COMPOSITION CREDIT 3.1: Choose an Appropriate Edge Composition for the Context and Intended Use CREDIT 3.2: Maintain or Emulate Natural Shoreline Shape and Slope CREDIT 3.3: Protect the Working Edge CREDIT 3.4: Ecologically Enhance Structural Components TASK 5: CATEGORY 4: NATURAL RESOURCES & SUSTAINABILITY CREDIT 4.1: Site with Ecological Sensitivity CREDIT 4.2: Create, Restore, or Maintain Habitats and Ecosystem Services CREDIT 4.3: Preserve and Increase Ecosystem Connectivity CREDIT 4.4: Support Native Habitat Complexity and Biodiversity CREDIT 4.5: Avoid Human Disturbance to Natural Resources CREDIT 4.6: Redevelop and Clean Up Degraded Sites CREDIT 4.7: Practice Sustainable Fill and Soil Management CREDIT 4.8: Use Renewable and Resilient Energy Sources CREDIT 4.9: Reduce Emissions through Carbon Management CREDIT 4.10: Practice Environmentally Responsible Construction CREDIT 4.11: Reduce Water Use Margaret Pace Park Phase I: 40 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CREDIT 4.12: Engage a Partner to Study or Monitor the Site TASK 6: CATEGORY 5: INNOVATION CREDIT 5.1: Inventive Design CREDIT 5.2: Exemplary Performance PHASE ID: "NATURE PLAY PLAYGROUND AND SPLASH PAD" The new playground and splash pad shall be thoughtfully designed with a focus on safety, inclusivity, and engaging play experiences. It shall incorporate modern and innovative play structures, age -appropriate equipment, and interactive features that promote physical activity, imaginative play, and social interaction. The playground/splash pad design shall take into consideration accessibility guidelines, ensuring that children of all abilities can enjoy the play area. All the tasks 1 through 6 below will follow the same guiding principles of Phase IB TASK 1: SCHEMATIC DESIGN TASK 2: DESIGN DEVELOPMENT TASK 3: CONSTRUCTION DOCUMENTS TASK 4: PERMITTING TASK 5: BIDDING TASK 6: CONSTRUCTION ADMINISTRATION PHASE IE: "FLEXIBLE SAND SPORT EXPANSION AREA" (OPTIONAL) This area shall be designed to accommodate various sand -based sports and recreational activities, such as beach soccer, beach tennis, or sandcastle building. The area shall be flexible, allowing for versatility in use, catering to the interests and preferences of park visitors. The sand sports area shall be equipped with proper drainage systems to maintain its usability, even during inclement weather. All the tasks 1 through 6 below will follow the same guiding principles of Phase IB TASK 1: SCHEMATIC DESIGN TASK 2: DESIGN DEVELOPMENT TASK 3: CONSTRUCTION DOCUMENTS TASK 4: PERMITTING TASK 5: BIDDING TASK 6: CONSTRUCTION ADMINISTRATION PHASE II MARGARET PACE PARK — COMPREHENSIVE RESILIENCY IMPROVEMENTS The City may authorize the Consultant to proceed with continued design services to identified areas/elements of Phase IA- Resiliency Master Plan Refinement, not included as part of the earlier Phases. These identified areas/elements will be developed from schematic design through construction documents, inclusive of permitting, bidding and construction administration; this could include any coastal adaptation elements located waterward of Mean High -Water Line (M HWL). Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been Margaret Pace Park Phase I: 41 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Chapter 471 of the Florida Statutes and Rules 61 G15- 18 through 61 G15-37 of the Florida Administrative Code. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. A2.01 RESILIENCY MASTER PLAN REFINEMENT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.02 SCHEMATIC DESIGN Please refer to Exhibit A, "Consultant Work Order Proposal." A2.03 DESIGN DEVELOPMENT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.04 CONSTRUCTION DOCUMENTS Please refer to Exhibit A, "Consultant Work Order Proposal." A2.05 BIDDING AND AWARD OF CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.07 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Feasibility Study Schematic Design Design Development 50% Construction Documents 100% Construction Documents Dry -Run Permitting Bidding and Award of Construction Contract Construction Contract Administration ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. 180 days 60 days 90 days 60 days 60 days 60 days 60 days 365 days Margaret Pace Park Phase I: 42 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; 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 manuals, other than those provided by the Contractor, sub- contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration, or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. Margaret Pace Park Phase I: 43 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 for by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and as far as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT 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 to review and approval of the construction work by the Contractor. Margaret Pace Park Phase I: 44 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 Margaret Pace Park Phase I: 45 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD RES Florida Consulting, LLC Civil Engineering Cummins Cederberg, Inc. Marine/Coastal and Environmental Engineering Manuel G. Vera & Associates Surveying & Mapping Basulto & Associates, Inc. Electrical Engineering Yazi Wayfinding SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Project Manager Mariana Gabriela Boldu Dallmann, LA Civil Engineer Patrick Shearer, PE, WEDG Structural Engineer Jason Taylor, PE Environmental Engineer Jannek Cederberg, PE Arborist Jennifer Rogers-Pomaville, LA Surveyor & Mapper Manuel G. Vera, Jr., PSM Resilience Specialist Gustavo Dallman Landscape Designer 1 Aurora Alcaide Landscape Designer 2 Camilo Olano Certified Arborist Robert Curtis Principal Nadia Locke, PE Engineer III Thomas LaRoue, PE Engineer II Virginia Glazer, PE Engineer II Sebastian Barragan Senior Scientist Mark Clark Scientist III Josh Mills Scientist III Emily Powell Engineer IV Bryan Farrow, PE Scientist I Raichel Gulde Senior Mechanical Engineer Rene Basulto Electrical Engineer Charles Yost Engineering CAD Technician Dorcas Toledo Engineering Administrative Support Kayleen Lopez Signage Designer Chris Rogers Principal Surveyor Manuel Vera Project Surveyor Carlos Alonso Surveyor Mark Sowers Survey Technician Javier Alonso CAD Technician Maria Trinquete Margaret Pace Park Phase I: Park and Waterfront Improvements 46 RFQ No. 22-23-020 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 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) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES 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 of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. Margaret Pace Park Phase I: 47 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION After the first year of the contract term, the escalation of said Wage Rates may be considered upon request by the Consultant. The Consultant may have to supply documentation to justify any requested percentage increase in cost to the City. The City reserves the right to approve or reject said requests for escalation. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in Margaret Pace Park Phase I: 48 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE OR DEDUCTIVE 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 part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www.miamigov.com/Government/Departments-Organizations/Office-of-Capital- Improvements. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. Margaret Pace Park Phase I: 49 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B4PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this 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 stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. Margaret Pace Park Phase I: 50 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Margaret Pace Park Phase I: 51 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 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 $235.00 Project Manager (C&R) $55.29 $160.34 $132.70 Resilience Specialist $63.93 $185.40 $153.43 Landscape Designer 1 $33.89 $98.28 $81.34 Landscape Designer 2 $30.00 $87.00 $72.00 Certified Arborist $31.25 $90.63 $75.00 Sub Principal (CC) $90.00 $261.00 $216.00 Sub Project Director $80.00 $232.00 $192.00 Sub Senior Scientist $70.00 $203.00 $168.00 Sub Project Scientist $56.90 $165.01 $136.56 Sub Associate Scientist II $51.72 $149.99 $124.13 Sub Sr. Marine Structural/Coastal Engineer $70.00 $203.00 $168.00 Project Engineer $68.97 $200.01 $165.53 Associate Engineer II $60.34 $174.99 $144.82 CADD Technician/Sr. Designer $56.90 $165.01 $136.56 Clerical $27.59 $80.01 $66.22 Sub Principal (RES) $74.90 $217.21 $179.76 Sub Project Manager $64.38 $186.70 $154.51 Sub Engineer III $64.06 $185.77 $153.74 Sub Engineer II $44.23 $128.27 $106.15 Sub Engineer II $43.78 $126.96 $105.07 Sr. Scientist $68.23 $197.87 $163.75 Scientist III $41.89 $121.48 $100.54 Sub Principal (Basulto) $75.00 $217.50 $180.00 Electrical Engineer $39.67 $115.04 $95.21 Margaret Pace Park Phase I: Park and Waterfront Improvements 52 RFQ No. 22-23-020 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Engineering CAD Technician $28.00 $81.20 $67.20 Engineering Administrative Support $20.00 $58.00 $48.00 Sub Principal (YAZI) $46.50 $134.85 $111.60 Sub Principal (MGV) $70.00 $203.00 $168.00 Sub Project Surveyor $60.00 $174.00 $144.00 Sub Surveyor $50.00 $145.00 $120.00 Sub Survey Tech $40.00 $116.00 $96.00 Sub CAD Tech $35.00 $101.50 $84.00 Sub Administrative Assistant $25.00 $72.50 $60.00 (*) Flat rate, no multipliers applied. Margaret Pace Park Phase I: 53 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF MIAMI OFFICE OF C APITAL IMP ROVEMENTS 10C1;• CONSULTANT STANDARD INVOICE TO: ATTN: From: NOTE: City of Miam! Ore oi Cap1121111roprovi 441 SW 2nd Avenue - Ei F. oa Oullaml. FL 33139 1 Loal 2.]E PM nell Mr 'Armond ankh 1. hmal EA. orsa 7.111e - - • . aropmaly •5674i inrm-1 elmmy • - mprimcl op F'17-cipm tl••• ram damprm :•• c-man mack-occl lo mach roccm SERVICE CONTRACT mmuur :-rr-zteLabc Daiwa -F.D• Oerqn1:partki, Kr% Coi-Asum, 2,paret ;304e CID; CD: CaXaArratli ;SCOm CD: C1110.% CD; • . Ach ;CA) 1 1 Erinder I Mir) 1 AN:IF.e,A1S - eivklia Invoicd Ni_rribar: Page.: P.,lorrth inYal•x• Pe•x ril: Fro: Polinth OE, 3:133 Conte -ant Mo.: Corrtraoll Projacit No.: Project Name.: PLzh Order No.: Voceic Order No: TOTAL EAR-.E C...TE Magri £ DENXI PFEuHDLISLVIVv410ED CURRENT INVO+CIE AMOUNT 7 . $ 7 . ; 7 . $ ; . 1 $ : . ; 7 . $ 7 . ; 7 . - ; 2 . - ; . - 2 . - i - $ : .. - $ ; T .ricc 11- -.-.•Dioe• Remaining Cortrari Bin: Sutdintrl: neriuneking.: Total Gus : TO BE COMPLETE:1B CONSULTANT FIRM CEM•• ' ; L.111_0. A..Scar...m=1 SY SUROC.411F.0 3,-,{111.1L1115CIL=KLISr: CrIrunalorm or PrIlmoiFmh hs_4•12-1. (7 Fp. Harr= mod TEn PrmaM=1) AREA -MBE CONPLETED BY CITY OF MIAMI CITY OF IMAMS .CIPPRO PROMOT MAIIMIER !FlL.1 11 P.L CHEF PFICkECT PA4.443ER AOSISTANT MEOTOR Heolxx Rada joioTeR DEA Gale R Menke br Pai in.krE ProNmingitEpTlve Margaret Pace Park Phase I: 54 RFQ No. 22-23-020 Park and Waterfront Improvements Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 4111011kOr June l l , 2024 \3/4.... Ms. Annie Perez, CPPO Department of Procurement City of Miami 444 SW 2' Avenue, 6th Floor CURTIS Miami, FL 33130 + ROGERS Re: DESIGN Proposal for Services RFQ No. 22-23-020 Margaret Pace Park -Phase I Park and Waterfront Improvements STUDIO Dear Ms. Perez: I N C. Landscape Architecture Curtis & Rogers Design Studio, Inc. is pleased to present this proposal to provide professional design services for "Margaret Pace Park Improvements" under the oversight of the Office of Capital Improvements (OCI), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, as well as the Scope of Services contained in the RFQ 22-23-020. Our services will be provided in two phases: Phase I "MARGARET PACE PARK RESILIENCY IMPROVEMENTS" including five sub -phases A, B, C, D and E as follow and as defined further in attachment "A" Scope of Services: Phase IA "Resiliency Master Plan Refinement" Phase IB "Adaptive Waterfront Improvements" Phase IC "Waterfront Edge Design Guidelines Verification" OPTIONAL Phase ID "Nature Play Playground and Splash Pad" 7 5 2 0 Phase IE "Flexible Sand Sport Expansion Area" OPTIONAL S. R E D Phase II "MARGARET PACE PARK COMPREHENSIVE RESILIENCY IMPROVEMENTS" will consist ROAD of continued design services to identified areas/elements of Phase IA, not included as part of the S UITE M earlier Phases that will be developed from schematic design through construction documents, inclusive of permitting, bidding and construction administration; this could include any coastal SOUTH adaptation elements located waterward of Mean High -Water Line (MHWL). MI AMI Our team for this project includes: F LO R I DA • Coastal/ Structural Services: Cummins Cederberg, Inc 3 3 1 4 3 • Civil Engineering: RES • Electrical, Mechanical, Plumbing: Basulto & Associates TELEPHONE • Signage : Yazi 3 0 5-4 4 2-1 7 7 4 • Surveying: M.G. Vera & Associates FACSIMILE 305-445-9488 L L C. LC 000241 www.curtisrogers.com Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 RFQ No.22-23-020 Margaret Pace Park Proposal Page 2 Our proposed fees for the scope of work described in Attachment "A" will be a fee of $ 1,993,966.00 plus an additional $ 262,184.50 to be included for optional services to be authorized at a later date, for a maximum fee of $ 2,256,150.50. We have included under Attachment "B" Compensation: complete hourly worksheets by Phase and tasks, as well as Schedule B1 — Wage Rates Summary. The project schedule anticipates a start date of July 2024, with a completion date for all services authorized for Phase I, completed by December of 2026. Full schedule is included here as "Attachment C" Schedule. We are honored and excited to serve the City for this important project. If you have any further questions please feel free to call me a my office-305-442-1 774. Sincerely, Aida M. Curtis, FASLA President Enclosures: Attachment A: Scope of Services Attachment B: Fee Worksheets/ Wage Rate Summary Attachment C: Project Schedule Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 ATTACHMENT B: COMPENSATION SUMMARY OF WORKSHEETS FOR FEES - MARGARET PACE PARK RFQ 22-23-020 TASK CR CC RES BASULTO YAZI SURVEY 11-Jun-24 TOTAL REIMB Phase 1A Resiliency Master Plan Refinement $212,874.05 $ 50,726.80 $ 31,085.75 $ - $ - $ 294,686.60 $15,000.00 Phase 1B Adaptive Waterfront Improvements Task 9- Signage Support $644,063.46 $ 60,328.12 $ 281,323.20 $ 188,201.36 $ 12,218.34 $ 33,577.65 $ 166,405.00 $ 1,386,117.13 $50,000.00 $15,000.00 Phase 1D Playground and Splash Pad $ 106,619.37 $ 49,011.91 $ 37,530.99 $ 193,162.27 Contingency $ 40,000.00 Totals: $ 1,023,884.99 $ 332,050.00 $ 268,299.02 $ 49,749.33 $ 33,577.65 $ 166,405.00 $ 1,913,966.00 $80,000.00 TOTAL AUTHORIZED FEE: $ 1,993,966.00 OPTIONAL TASKS CR CC RES BASULTO YAZI SURVEY TOTAL REIMB Waterfront Edge Design) Phase 1C Verification (WEDG $52,750.65 $ 39,405.20 $16,020.40 $ - $ 108,176.25 $15,000.00 Phase 1 E Flexible Sand Sport Expansion Area $69,764.48 - $50,623.68 $18,620.09 $ - $ - $ 139,008.25 Totals: $ 122,515.13 $ 39,405.20 $ 66,644.08 $ 18,620.09 $ - $ - $ 247,184.50 $15,000.00 TOTAL FEE $ 2,256,150.50 Geotech Docusig� Envelope ID: 5618C946.8E7A^4825-A965-26FC51 D61 F04 LV ,,.TY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S L... Miami FL Resolution R-24-0203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 11/27/23 REVISED" WITH "ATTACHMENT A - 05/23/24 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING "MARGARET PACE PARK, PARK AND WATERFRONT IMPROVEMENTS, PROJECT NO. 40-B233500"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND 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 A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. Information Department: Department of Parks and Sponsors: Recreation and Office of Capital Improvements Category: Other Attachments Agenda Summary and Legislation 15870 Exhibit A Financial Impact CIP Project No: 40-B233500 Body/Legislation VVHEREAS, Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements," established measures to stimulate the local economy by creating a process to expedite the award of professional services agreements and contracts for certain projects identified in an Attachment "A" of said Ordinance; and VVHEREAS, in accordance with Sections 287.055 and 255.20, Florida Statutes, respectively, Section 18-117 also authorizes the City Manager to advertise for, receive, review, reject, and evaluate responses and award contracts for the listed projects; and VVHEREAS, pursuant to Section 18-117(b) of the City Code, the City Commission may add or delete projects from Attachment "A" by Resolution; and VVHEREAS, Resolution No. 14-0372 adopted on September 29, 2014, replaced the original Attachment "A" with "Attachment A - 9/10/14 REVISED"; and https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=15870&highlightTerms=Expedited List&Print=Yes 1/3 Docusig� Envelope ID: 5618C946.8E7A^4825-A965-26FC51 D61 F04 LV ,,.TY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S L... VVHEREAS, Resolution No. 19-0187 adopted on May 9, 2019, replaced "Attachment A - 9/10/14 REVISED" with "Attachment A - 4/12/19 REVISED"; and VVHEREAS, Resolution No. 20-0209 adopted on July 23, 2020, replaced "Attachment A — 4/12/19 REVISED" with "AttachmentA- 6/17/20 REVISED Miami Recovery Initiative"; and VVHEREAS, Resolution No. 24-0002 adopted on January 11, 2024, replaced "Attachment A — 6/17/20 REVISED Miami Recovery Initiative" with "AttachmentA- 11/27/23"; and VVHEREAS, considering these projects require efficiency across planning, procurement, and implementation of program components, the City's Office of Capital Improvements ("OCI"), the Department of Parks and Recreation ("Parks"), and the City Manager recommend replacing "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated for the purpose of including "Margaret Pace Park, Park and VVaterfront Improvements, Project No. 40-B233500"; and VVHEREAS, pursuant to Section 18-117(e) of the City Code, amongst the requirements for such projects, the City's Office of Management and Budget ("Budget") will perform a review of budgetary availability prior to the time of award of any contract for the same. 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. Amendment of the City's list of expedited projects pursuant to Section 18-117 of the City Code by replacing the current "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated, for the purpose of including "Margaret Pace Park, Park and VVaterfront Improvements, Project No. 40-B233500" is hereby authorized. Section 3. Funding shall be allocated from various sources including, but not limited to, the Miami Forever Bonds, as well as other local, state, and federal stimulus funding, if and when available. Section 4. The City Manager is further authorized[1] to negotiate and execute all other documents, including any agreements, amendments, and extensions, subject to all allocations, appropriations, and budgetary approvals having been previously made, and in compliance with all applicable provisions of the City Code, including the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form 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. The herein authorization is further subject to compliance with all regulations that may be imposed by the City Attorney including, but not limited to, those prescribed by applicable City Charter and City Code provisions. Meeting History May 23, 2024 9:00 AM City Commission City Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Miguel Angel Gabela, Commissioner, District One SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Joe Carollo, Miguel Angel Gabela, Damian Pardo, Manolo Reyes Draft https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=15870&highlightTerms=Expedited List&Print=Yes 2/3 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B30688 Marine Stadium Restoration DREAM $54,795,673 04- Dry-Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $10,253,556 07- Construction 2 40-B193602 Brickell Key Bridge RPW $7,120,709 04- Dry-Run/Permit 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $2,111,239 03- Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247 08- Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $2,698,117 05- Bidding 5 N/A Construction and Permanent Financing: MLK Residences Housing $2,000,000 #N/A 5 N/A Construction and Permanent Financing: Liberty Renaissance Housing $1,000,000 #N/A 5 N/A Affording Housing and Economic Development Housing $8,000,000 #N/A Citywide N/A Home Ownership Preservation / Single Family Home Rehabilitation Housing $4,000,000 #N/A Citywide 40-B17357 Antonio Maceo Boat Ramp and Dock Renovations Parks $1,542,604 07- Construction 1 40-8183505 West End Park Master Plan, Pool Design, and Enhancements Parks $16,152,963 05- Bidding 4 40-B193511 Curtis Park Community Center Design Parks $15,789,049 04- Dry-Run/Permit 1 40-B193512 Armbrister Park Community Center Design Parks $10,335,233 04- Dry-Run/Permit 2 40-B193513 Moore Park Gym Design and Construction Parks $15,274,193 05- Bidding 5 40-B193514 Coral Way Park Expansion and Enhancements Parks $2,819,095 06- Pre -Construction 3 40-8193515 Riverside Park Renovations and Enhancements Parks $3,184,578 03- Design 3 40-B193517 New Park at 3699/3701 SW 1st AVE Parks $1,599,722 03- Design 3 40-B35806 Curtis Park New Pool Facility and Boat Ramp Improvement Parks $5,889,244 08- Final Completion 1 40-B40510 Legion Park Seawall and Non -motorized Ramp Parks $2,290,424 07- Construction 5 40-B40510A Legion Park Building Parks $5,076,765 07- Construction 5 40-B40563 Shenandoah Park Pool Renovation Parks $13,276,475 07- Construction 4 40-B40566 Spring Garden Point Park Parks $1,954,059 02- A/E Selection 1 40-B40581 Douglas Park Community Center Parks $10,873,749 05- Bidding 4 40-B40668 Marine Stadium Park Development Parks $24,134,300 09- Monitoring Citywide 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $14,000,000 03- Design Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $8,463,204 03- Design 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,884,329 03- Design 1 40-B193622 Very Poor Condition Roads - Outside Priority Drainage Basins RPW $8,067,667 07- Construction Citywide 40-B193801 Improve Drainage Outside of Priority Drainage Basins RPW $2,300,000 07- Construction Citywide 40-B193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $27,255,000 03- Design 2 40-B30606 Flagler Street Beautification RPW $30,567,631 07- Construction Citywide 40-B30624 Overtown Greenway at NW 11 Terrace RPW $3,301,995 07- Construction 5 40-B30637 Mary Brickell Village Drainage Improvements RPW $5,423,618 07-Construction Citywide 40-B30687 Coconut Grove Business Improvement District -Street Improvements RPW $6,938,185 08- Final Completion 2 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $11,056,706 04- Dry-Run/Permit 2 40-B30941 Downtown Miami Signage and Wayfinding System RPW $2,406,808 08- Final Completion Citywide 40-B193522A Dog Run Park Parks $1,116,076 03- Design 4 40-B233506 Fairlawn Community Park Parks $750,000 01- Planning 4 40-B233507 Shenandoah Playground Replacement Parks $750,000 01- Planning 4 40-B233513 Grapeland Heights Park and Baseball Park Parks $2,509,080 01- Planning 1 40-B233523 Bayfront Park Fountain Parks $2,833,760 01- Planning 2 40-B213414 D4 Park Land Acquisition Parks $2,091,967 01- Planning 4 40-B233800 SW 56 Ave from SW 8th St. to W Flagler St. RPW $975,000 07- Construction 4 40-B223801 East Flagami Flood Mitigation RPW $32,438,495 01- Planning 4 40-B223802 Auburndale Flood Mitigation Project RPW $20,649,197 01- Planning 4 40-B233801 SW 49th Ave from SW 8th St. to W Flagler St. RPW $1,225,000 07- Construction 4 40-B50413 SW 24th St. from 27th Ave to SW 32nd Ave RPW $4,388,769 05- Bidding 4 40-B50412 SW 23 Terrace from SW 27 Avenue to SW 32 Avenue RPW $4,858,905 05- Bidding 4 40-B233821 Mary Brickell Village Drainage Improvements RPW $2,246,000 01- Planning Citywide 40-B233822 Localized Flooding Improvements Citywide RPW $10,000,000 01- Planning Citywide 40-B233823 E & W Glencoe Street, S Bayshore Ct Flood Improvements RPW $1,100,000 03- Design 2 40-B183611A NW 17 Street from NW 32 to NW 37 Avenue RPW $6,716,755 03- Design 1 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B50904 NW 7 Street Road from NW North River Drive to South of NW 9 Avenue RPW $2,634,441 04- Dry-Run/Permit 1 40-8193500 Jose Marti Park Seawall, Shoreline, and Flood Improvements- Construction PARKS $23,885,629 04- Dry-Run/Permit 3 40-B193501 Little River Mini Park (Outfall Connection) RPW $2,270,332 04- Dry-Run/Permit 5 40-8233815 Allapattah Flood Improvements - NW 7 Ave to 14 Ave, NW 23 St to 31 St RPW $31,376,188 01- Planning 1 40-B233816 Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) RPW $11,029,883 01- Planning 1 40-B233805 Edgewater Flood Improvements - NE 4 Ave to Biscayne Bay, NE 22 St to NE 24 St (Pump Station) RPW $17,111,976 01- Planning 2 40-B233811 Replacement of Seawalls Morningside between NE 55 Terr, NE 65 St and Biscayne Bay - D2 RPW $1,217,523 01- Planning 2 40-B233809 Brickell and Coconut Grove Seawalls between SE 25th Rd to Mathenson Ave. and Biscayne Bay - D2 RPW $1,658,529 01- Planning 2 40-B233810 Replacement of 8 Seawalls in Edgewater between NE 22 St to NE 34 St. along Biscayne Bay - D2 RPW $3,111,764 01- Planning 2 40-B233804 East Little Havana Flood Improvements - W 12 Ave to W 17 Ave, NW 2 St to SW 6 St (Pump Station) RPW $39,269,877 01- Planning 3 40-B233606 8 Street Flood Improvements - SW 17 Ave to SW 22 Ave, SW 5 St to SW 12 St RPW $9,781,446 01- Planning 3 40-B233803 Shorecrest South Flood Improvements - NE 8 Ct to NE Bayshore Ct, NE Little River Dr to NE 79 St (Pump Station) RPW $16,067,860 01- Planning 5 40-B233814 South-West Wynwood Flood Improvements - NW 3 Ave to NW 5 PI, NW 16 St to NW 28 St (Pump Station) RPW $31,698,775 01- Planning 5 40-B233812 Replacement of Seawalls Shorecrest between NE 84 St and Ademar Canal; NE Bayshore Dr. and Davis Canal - D5 RPW $1,804,270 01- Planning 5 40-B233817 Clemente Park Flood Improvements - Miami Ave to NW 2 Ave and NW 30 St to 36 St RPW $14,734,729 01- Planning 5 40-B233806 Immediate Flood Control: Install Backflow Valves CW RPW $4,084,000 01- Planning Citywide New City-wide' Parks Playground Renovations (13 Sites -D1, D2, D3 and Parks $4,059,580 01- Planning Citywide 40-B203801 Citywide Pump Stations Telemetry System RPW $1,359,790 01- Planning Citywide 40-B233819 Localized Flooding Improvements District 3 RPW $1,052,000 01- Planning 3 40-B233820 Pump Stations District 3 RPW $2,500,000 01- Planning 3 40-8203515 Badia Center Facility at Flagami Park - D4 Parks $9,139,017 03- Design 4 40-B203518 Shenandoah Mini Pk -ROW Improv RPW $1,379,267 05- Bidding 4 40-B203519 Swannanoa Mini Park - right of way improvements (design only) - D4 RPW $989,681 03- Design 4 40-B223521 Parks Public WiFi Installation Parks $1,000,000 01- Planning Citywide 40-B50414 SW 24 Terrace from SW 27 Avenue to SW 31 Avenue RPW $4,753,717 07- Construction 4 40-B50421 SW 25 Street from SW 27 Avenue to SW 32 Avenue D4 RPW $4,824,071 07- Construction 4 40-B223212 Fire Station 12 - Hardening Fire $1,565,300 01- Planning Citywide 40-B213210 Fire Station 2 - Hardening Fire $1,093,733 01- Planning Citywide 40-B213209 Fire Station 9 - Hardening Fire $1,437,700 01- Planning Citywide 40-B213512 Hadley Park - Resiliency Hub Parks $1,315,002 01- Planning 5 40-B213208 Miami Police HQ- Hardening Police $17,019,200 01- Planning Citywide 40-B50112 NW 13 Avenue from NW 21 Street and NW 23 Street RPW $1,845,821 04- Dry-Run/Permit 1 40-B50104 NW 13 Street from NW 35 Avenue to NW 37 Avenue RPW $4,100,813 04- Dry-Run/Permit 1 40-B30756 NW 30 Street Improvement RPW $6,637,700 04- Dry-Run/Permit 1 40-B183610 West Grove Roadway Improvements RPW $3,586,995 04- Dry-Run/Permit 2 40-B183612 Charles Avenue from Main Highway to South Douglas Road RPW $4,020,810 04- Dry-Run/Permit 2 40-B213602 Little Havana Pedestrian Priority Zone RPW $7,046,939 04- Dry-Run/Permit 3 40-B203610 SW 5 Street from SW 29 Avenue to SW 32 Avenue - Reconstruction RPW $2,384,343 04- Dry-Run/Permit 3 40-B213606 Kinloch Roadway Neighborhood Improvements RPW $1,204,709 03- Design 4 40-B173613 South Golden Pines No Outlet Streets Improvements RPW $6,521,515 03- Design 4 New Wagner Creek Embankment Stabilization RPW $2,500,000 01- Planning 1 40-B173511A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp Parks $14,702,008 04- Dry-Run/Permit 2 40-B193521 Fairlawn Community Park Parks $3,426,270 05- Bidding 4 40-B203509 Athalie Range Park - New Recreation Building D5 Parks $5,363,404 03- Design 5 40-B70100 Gusman Hall Improvements / Repairs DREAM $31,533,654 03- Design 5 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B70121 Police Drains and Parking Police $3,023,550 05- Bidding Citywide New Police HQ -Garage Demolition and Sitework Police $2,000,000 01- Planning Citywide 40-B233601 Miami River Greenway - NW N River Dr from NW 22 Ave to NW 19 Ave RPW $4,340,000 01- Planning 1 40-B233602 Buena Vista Local Drainage and Road Improvements RPW $2,899,154 02- A/E Selection 5 40-B173642 Belle Meade Circle Cul-De-Sac Improvements RPW $915,789 03- Design 5 40-B213605 NW 11 Street from NW 1 Avenue To NW 3 Avenue RPW $2,319,194 03- Design 5 40-B70046 Virginia Key Boat Launch & Trailer Parking DREAM $3,000,000 07- Construction 2 40-B70042 Miami Marine Stadium Marina - Mooring Field DREAM $3,000,000 03- Design 2 40-B233500 Margaret Pace Park Parks $1,620,000 03-Design 2 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 ACORN® CERTIFICATE OF LIABILITY INSURANCE �------ DATE (MM/DD/YYYY) 07/30/2024 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 HIscox Inc. 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 CONTACT NAME: PHONE 888 202-3007 FAX Ext): ( ) (A/C. No}: E-MANo, IL ADDRESS: contact@hiscox.com INSURER(S)AFFORDINGCOVERAGE _ NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED Curtis & Rogers Design Studio, Inc. 7520 s red rd Suite M Miami, FL 33143 INSURER B : INSURERC: INSURER D:_ INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ADDL INCD SUBR wvn POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY Approved by Terry Quevado 07/3' /2024 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT accident) $ _(Ea BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A j r SPER TATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability P101.611.197.2 03/07/2024 03/07/2025 Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pro ect: MARGARET PACE PARK WATERFRONT IMPROVEMENTS Retroactive Date 03/08/1994 CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 6th Floor Miami, Florida 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: 5618C946-8E7A-4825-A965-26FC51 D61 F04 / T ® A� o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/30/2024 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 RSC Insurance Brokerage, Inc. 9350 S Dixie Hwy Suite 1400 Miami FL 33156 CONTACT Mariah Kyle NAME: PHONE (678) 807-9966 I FAX (A/C No, Ext): (A/C. No): E-MAIL mkyle@risk-strategies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Sentinel Ins. Co. 11000 INSURED Curtis & Rogers Design Studio Inc 7520 S Red Rd Ste M South Miami FL 33143 INSURER B: Zenith Insurance Company 13269 INSURER C : Scottsdale Insurance Company INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 24-25 GL,AUTO, UMB 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 21SBMBV4274DV Approved by Terry Que 06/29/2024 ado 07/31 06/29/2025 2024 EACH OCCURRENCE $ 1,000,000 ] CLAIMS -MADE OCCUR PREMISES•Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER LIMIT APPLIES PER: ❑ PRO- JECT ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE Y-- X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - Ne SCHEDULED AUTOS NON -OWNED AUTOS ONLY 21SBMBV4274DV 06/29/2024 06/29/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accidentl $ $ F-1 UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA FSMGZ832788129 08/16/2023 08/16/2024 PER OTH- STATUTE ER EL. EACH ACCIDENT _ 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Property CPS7998478 06/29/2024 06/29/2025 BPP:$95,400 BI with EE:$100,000 Replacement Cost Ded:$1,000 Co-Insurance-80% Special form DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: MARGARET PACE PARK. Anthony Hansen City of Miami are inlcuded as additional insured on General Liability policy per the attached endorsement. The certificate holder is additional insured with respects to General Liability and Auto Liability on a Primary and Non - Contributory basis. Coverage is afforded for contingent and contractual exposure & XCU Hazards. CERTIFICATE HOLDER CANCELLATION Anthony Hansen City of Miami 444 SW 2nd Avenue 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r C- . Te T _ ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 From: Ouevedo, Terry To: Caseres, Luis; Gomez Jr., Francisco (Frank); Aviles, Yesenia Subject: RE: COI for Margaret Pace Park Date: Wednesday, July 31, 2024 10:40:46 AM Attachments: imaae005.onq image007.pnq imaae008.onq Luis The certificates are adequate. Regards City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoOmiamigov.com -Sews y, S etacc ry, aad %a orrccry ata garsusurrc From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, July 31, 2024 10:38 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: COI for Margaret Pace Park Good morning, Please review and approve. Best regards, Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 Detail by Entity Name DIVISION OF CORPORATIONS r`' DivEi(Ji i Jf C C r) 2r,IC; ��""�• an official 3fLIY of Florida website Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation CURTIS & ROGERS DESIGN STUDIO, INC. Filing Information Document Number S89127 FEI/EIN Number 65-0294753 Date Filed 10/23/1991 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/05/1992 Event Effective Date NONE Principal Address 7520 S. Red Road Suite M South Miami, FL 33143 Changed: 07/09/2013 Mailing Address 7520 S. Red Road Suite M South Miami, FL 33143 Changed: 07/09/2013 Registered Agent Name & Address TRIFILETTI, JESSICA 9211 SW 130TH STREET MIAMI, FL 33176 Name Changed: 04/17/2019 Address Changed: 04/17/2019 Officer/Director Detail Name & Address Title President/Treasurer https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CURTISR.. 1/3 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 Curtis, Aida M. 7520 S. Red Road Suite M South Miami, FL 33143 Title Vice-President/Secretary Rogers-Pomaville, Jennifer Joan 7520 S. Red Road Suite M South Miami, FL 33143 Annual Reports Report Year Filed Date 2021 01/28/2021 2022 01/14/2022 2023 01/23/2023 Document Images 01/23/2023 --ANNUAL REPORT 01/14/2022 --ANNUAL REPORT 01/28/2021 --ANNUAL REPORT 01/21/2020 --ANNUAL REPORT 04/17/2019 -- Reg. Agent Change 02/26/2019 --ANNUAL REPORT 01/17/2018 --ANNUAL REPORT 01/18/2017 --ANNUAL REPORT 01/04/2016 --ANNUAL REPORT 01/06/2015 --ANNUAL REPORT 01/06/2014 --ANNUAL REPORT 07/09/2013 --AMENDED ANNUAL REPORT 01/08/2013 --ANNUAL REPORT 01/04/2012 --ANNUAL REPORT 01/04/2011 --ANNUAL REPORT 01/08/2010 --ANNUAL REPORT 01/08/2009 --ANNUAL REPORT 01/11/2008 --ANNUAL REPORT 01/08/2007 --ANNUAL REPORT 01/18/2006 --ANNUAL REPORT 01/24/2005 --ANNUAL REPORT 01/09/2004 --ANNUAL REPORT 01/13/2003 --ANNUAL REPORT 02/15/2002 --ANNUAL REPORT 02/09/2001 --ANNUAL REPORT 01/13/2000 --ANNUAL REPORT 01/23/1999 --ANNUAL REPORT 01/27/1998 --ANNUAL REPORT View image in PDF format Detail by Entity Name 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 View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CURTISR... 2/3 Docusign Envelope ID: 5618C946-8E7A-4825-A965-26FC51 D61 F04 Detail by Entity Name 03/24/1997 --ANNUAL REPORT View image in PDF format 04/18/1996 --ANNUAL REPORT View image in PDF format 03/27/1995 --ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CURTISR... 3/3 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Wednesday, October 2, 2024 2:33 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan Cambridge, Susan; Hannon, Todd; Olivera, Rosemary; Lima, Cristiane; Roberts, Frankeetha; Fossler, Thomas Document Distribution - RFQ 22-23-020 Margaret Pace Park Phase 1- Park and Waterfront Improvements RFQ_No_22-23-020_Margaret_Pace_Park_Phase_Executed 10-02-2024.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. Frankeetha You may now close this Matter ID 24- 2034 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, Professional Services Agreement City of Miami Curtis & Rogers Design Studio, Inc. Margaret Pace Park Phase 1- Park and Waterfront Improvements 10/02/2024 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