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25242
AGREEMENT INFORMATION AGREEMENT NUMBER 25242 NAME/TYPE OF AGREEMENT BCC ENGINEERING, LLC DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/CIVIL ENGINEERING SERVICES FOR CITYWIDE FLOOD MITIGATION IMPROVEMENTS - PROJECT NO. B-233816/FILE ID: 15870/R-24-0203/MATTER I D : 24-2156 EFFECTIVE DATE November 18, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/18/2024 DATE RECEIVED FROM ISSUING DEPT. 11/18/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 0RIP CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement . DEPT. CONTACT PERSON: Luis Caseres /Anthony Hansen NAME OF OTHER CONTRACTUAL PARTY/ENTITY: BCC Engineering, LLC EXT. 1923 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 2,255,495.56 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 BCC Engineering, LLC for RFQ No. 23-24-004 Civil Engineering Services for Citywide Flood Mitigation Improvements - Project No. B-233816 - Melrose Flood Improvements COMMISSION APPROVAL DATE: 05/23/2024 FILE ID: 15870 ENACTMENT Na: R-24-0203 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION DIRECTOR/CHIEF PROCUREMENT OFFICER Reviewed by FVP. OK to proceed. RISK MANAGEMENT Date PLEASE PRINT AND SIGN Annie Perez, CPPO August 15, 2024 1 16:49:48 EDT SIGNATURE: Ann -Marie Sharpe August 16, 2024 1 06:55:09 EDT SIGNATURE: .-DocuSigned by: 89540EB73CAC468_. DocuSigned by: CITY ATTORNEY /s/ TMF Matter ID# 24-2156 Funding is available in BUDGET OFFICE 40-6233816. LEM 10/25/24 October 4, October Geprae K. Wysonq III 2024 1 1606:38 EDT SIGNATURE: 25, 20LM rir C1 o4:49 EDT SIGNATURE: Frau& Govikt,A) 27395C6318214E7... DocuSigned by: r 88776E9FE88248B... DocuSigned by: ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER November 1, 202 r7 7pJI: c�5 B8 EDT SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez, MPA SIGNATURE: N/A 5F6E831796C5495... DocuSigned by: r C9D2602B97E54D4... ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE October Asael Marrero 28, 2024 I 08:03:41 SIGNATURE: EDT DocuSigned by: COF4AD9AB03B45A... November 1, DEPUTY CITY MANAGER 20N4tafhlc.o ®gc-4i-iarr DocuSigned by: N4 C4-W;.el 84B700975DEA41B... November 18, 2Arth024urI N 10:2�qaa V 7:29 EST ,—DocuSigned by: SIGNATURE: SIGNATURE: CITY MANAGER CITY CLERK November 18, 20TdIH o88:41 EST SIGNATURE: avitutr Navi4a. - 850CF6C372DD42A... DocuSigned by: r E46D7560DCF1459... PR PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Civil Engineering Services for Citywide Flood Mitigation Improvements — Project No. B-233816 — Melrose Flood Improvements 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ 0 City Commission — RESOLUTION No. 24-0203 (Expedited List) 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 engineering services for road reconstruction including, but not limited to, drainage improvements, stormwater modeling, sidewalks, ADA compliant ramps, curb and/or gutter structures, pavement markings and striping, roadway signage, utility coordination, survey, geotechnical services, design development, construction permitting, bidding and construction administration. The proposed drainage will include stormwater pipe conveyance to a new pump station, and connection from the stormwater pump station to a series of underground injection wells through a force main. The City may also require the Successful Proposer to perform landscaping architecture, roadway lighting, traffic signalization, public involvement, and related services necessary for the design and preparation of construction documents for the Project. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Resilience and Public Works 7. IS THE AWARDEE THE INCUMBENT? N/A Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Civil Engineering Services for Citywide Flood Mitigation Improvements - Project No. B-233816 Project Specific - Melrose Flood Improvements BCC Engineering, LLC 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 7 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 9 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 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11 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 14 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 16 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.12 COMPLIANCE WITH LAWS 17 10.13 NO PARTNERSHIP 17 10.14 DISCRETION OF DIRECTOR 17 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 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 19 ATTACHMENT A - SCOPE OF WORK 30 ARTICLE Al GENERAL 30 A1.01 SCOPE OF SERVICES 30 A1.02 WORK ORDERS 30 A1.03 PAYMENTS 31 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 31 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 32 A2.07 TIME FRAMES FOR COMPLETION 32 ARTICLE A3 ADDITIONAL SERVICES 32 A3.01 GENERAL 32 A3.02 EXAMPLES 32 A3.03 ADDITIONAL DESIGN 33 ARTICLE A4 REIMBURSABLE EXPENSES 33 A4.01 GENERAL 33 A4.02 SUBCONSULTANT REIMBURSEMENTS 33 ARTICLE A5 CITY'S RESPONSIBILITIES 33 A5.01 PROJECT AND SITE INFORMATION 33 A5.02 CONSTRUCTION MANAGEMENT 34 SCHEDULE Al - SUBCONSULTANTS 35 SCHEDULE A2 - KEY STAFF 35 ATTACHMENT B - COMPENSATION AND PAYMENTS 36 ARTICLE B1 METHOD OF COMPENSATION 36 B1.01 COMPENSATION LIMITS 36 B1.02 CONSULTANT NOT TO EXCEED 36 ARTICLE B2 WAGE RATES 36 B2.01 FEE BASIS 36 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 36 B2.03 MULTIPLIER 36 B2.04 CALCULATION 37 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 37 B2.06 ESCALATION 37 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 37 B3.01 LUMP SUM 37 B3.02 HOURLY RATE FEES 37 B3.03 REIMBURSABLE EXPENSES 38 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 38 B3.05 FEES FOR ADDITIONAL SERVICES 38 B3.06 PAYMENT EXCLUSIONS 39 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 39 ARTICLE B4 PAYMENTS TO THE CONSULTANT 39 B4.01 PAYMENTS GENERALLY 39 B4.02 FOR COMPREHENSIVE BASIC SERVICES 39 B4.03 BILLING - HOURLY RATE 39 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 39 B4.05 DEDUCTIONS 39 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 40 B5.01 GENERAL 40 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 40 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 40 B6.01 GENERAL 40 SCHEDULE B1 - WAGE RATES SUMMARY 41 SCHEDULE B2 - CONSULTANT INVOICE 42 Civil Engineering Services for Citywide Flood 2 RFQ No. 23-24-004/3 Mitigation Improvements - Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Civil Engineering Services for Citywide Flood Mitigation Improvements — Project No. B-233816 Contract Type Project Specific Consultant BCC Engineering, LLC Consultant Office Location 6401 SW 87th Avenue, Suite 200, Miami, FL 33173 City Authorization Section 18-87, City of Miami Code Agreement Number 23-24-004 / 3 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 18 day of November in the year 2024 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and BCC Engineering, LLC, hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 23-24-004 on November 17, 2023, for the provision of Civil Engineering Services for Citywide Flood Mitigation 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: Civil Engineering Services for Citywide Flood 3 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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 Department of Resilience and Public Works ("DRPW'). 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 DRPW 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 Civil Engineering Services for Citywide Flood 4 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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 provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. Civil Engineering Services for Citywide Flood 5 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 thug-reg enae4s: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified Community Business Enterprise ("CBE"), in good standing. 2) Place a specific emphasis on utilizing local small bucinc ccs from within the City'o municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.gov/smallbusinesc/certification proqrams.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 $2,255,495.56, inclusive of Reimbursable Expenses, a Dedicated Allowance for the JPA with Miami -Dade County Water and Sewer Department, 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 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 Civil Engineering Services for Citywide Flood 6 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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 Civil Engineering Services for Citywide Flood 7 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61 G1, 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. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any 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 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, Civil Engineering Services for Citywide Flood 8 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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 Civil Engineering Services for Citywide Flood 9 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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. Civil Engineering Services for Citywide Flood 10 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the 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 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 Civil Engineering Services for Citywide Flood 11 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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. Civil Engineering Services for Citywide Flood 12 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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 $1,000,000.00 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. Civil Engineering Services for Citywide Flood 13 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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. Civil Engineering Services for Citywide Flood 14 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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: ANoriega(a�miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez(a�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: GWysongnmiamigov.com Phone: 305-416-1832 With Copies to: Juvenal Santana, PE, CFM Director Department of Resilience and Public Works, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JSantana@miamigov.com Phone: 305-416-1218 Civil Engineering Services for Citywide Flood 15 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 BCC Engineering, LLC Victor H. Herrera, PE Senior Vice President 6401 SW 87th Avenue, Suite 200 Miami, FL 33173 Email: vherrera@bcceng.com Phone: 305-670-2350 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. 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. Civil Engineering Services for Citywide Flood 16 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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 DRPW, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of DRPW shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of DRPW 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 Civil Engineering Services for Citywide Flood 17 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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. Civil Engineering Services for Citywide Flood 18 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS This subsection applies to all projects included in this solicitation. a. Equal Employment Opportunity As it may be applicable during the performance of this contract, the Consultant agrees as follows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and Civil Engineering Services for Citywide Flood 19 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Consultant will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon. b. Compliance with the Copeland "Anti -Kickback" Act The Consultant shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. The Consultant or subconsultant shall insert in any subcontracts the clause above and such other clauses as the federal agency providing funding may deem appropriate to require, and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for the compliance by any subconsultant or lower -tier subconsultant with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subconsultant as provided in 29 C.F.R. § 5.12. Civil Engineering Services for Citywide Flood 20 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 c. Compliance with the Contract Work Hours and Safety Standards Act 1. Overtime Requirements: No Consultant or subconsultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Consultant and any subconsultant responsible therefore shall be liable for the unpaid wages. In addition, such Consultant and subconsultant shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subconsultant under any such contract or any other Federal contract with the same Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Consultant or subconsultant shall insert in any subcontracts the clauses set forth in paragraph through (4) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontract. The Consultant shall be responsible for compliance by any subconsultant or lower -tier subconsultant with the clauses set forth in paragraph (1) through (4) of this section. d. Rights to Inventions Made Under Contract If the contract award meets the definition of "funding agreement" under 37C.F.R. § 401.2(a) and the City entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the City must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the federal agency providing funding. e. Clean Air Act 1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Consultant agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Civil Engineering Services for Citywide Flood 21 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by a federal agency. f. Federal Water Pollution Control Act 1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Consultant agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by a federal agency. Procurement of Recovered Materials 1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: g• a. b. Competitively within a timeframe performance schedule; Meeting contract performance schedule; providing for compliance with the contract c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. h. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Civil Engineering Services for Citywide Flood 22 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 3. See Public Law 115-232, Section 889 and 2 C.F.R. § 200.471 for additional information. i. Domestic Preference For Procurements 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2 C.F.R pt. 184. Affirmative Socioeconomic Steps If subcontracts are to be let, the Prime Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. k. License and Delivery of Works Subject to Copyright and Data Rights The Consultant grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Consultant will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. I. Equitable Adjustment The Department of Procurement may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Proposer's control, (2) the volatility affects the marketplace, (3) the effect on pricing or availability of supply is substantial, and (4) the Civil Engineering Services for Citywide Flood 23 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 volatility so affects the Proposer that continued performance of the contract would result in a substantial loss. Proposers might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. m. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). n. Subconsultants of Work Shall be Identified As part of the RFP, Proposers are required to identify any and all Subconsultants that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, and the portion of the work to be done by the Subconsultant. Failure to identify any and all Subconsultants in the Proposal shall render the Proposal non- responsive. Proposers shall not, at any time during the tenure of the contract, subcontract any part of their work or assign any portion or part of the contract, to Subconsultants not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant(s) and the City. The Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant(s) and their employees, as for acts and omissions of persons employed by the Proposer. o. Brooks Act of 1972 — 40 U.S.0 1101-1104 The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. p. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Proposer, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts The Proposer acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Proposer's actions pertaining to this contract. r. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Proposers who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, and up to the recipient. q• Civil Engineering Services for Citywide Flood 24 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Proposers to return this form signed along with their Proposal, or prior to a recommendation for contract award. s. DHS Seal, Logo, and Flags The Proposer shall not use seal(s), logos, crests, or reproductions of flags or likenesses of federal agencies, including but not limited to, the Department of Homeland Security's ("DHS") agency officials, without specific pre -approval from the appropriate federal agency. t. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance from federal agencies will be used to fund this contract only. The Consultant will comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives. u. Access to Records 1. The Proposer agrees to provide the City of Miami, federal agencies, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. w. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Proposer is required to verify that none of the Proposers, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Proposer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by the City of Miami. If it is later determined that the Proposer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to, suspension and/or debarment. 4. The Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Proposer further agrees to include a provision requiring such compliance in its lower -tier -covered transactions. x. United States Housing and Urban Development ("HUD") 1. Should this contract be funded by US HUD dollars and/or Community Development Block Grant ("CDBG") dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Proposer, the Proposer's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Civil Engineering Services for Citywide Flood 25 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Y. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. §§ 200.318 through 200.327. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Civil Engineering Services for Citywide Flood 26 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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: BCC Engin ering, LLC, a Florida Limited Liability �g1Jpany Signature l/ Signatur De, kre7_,Unkracks fl ibkank Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: DocuSigned by: E46D7560DCF1459... Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE V li, Q , 5&-slog. vice fir Print Name, Title (Cgr�pbt-dt'd'SeC \\�,��GtN E ER/�,,,�� !� .• '�POR• q• C =U: SEAL :r= m. 1994 :0_ •4 ORIOP ' • • itil11I1l CITY OF MIAMI, a municipal corporation of the State of Florida [rtrDocuSiignedd bJ,y:I�vi 850CF6C372DD42A..... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: ,-DocuSigned by: ,-DocuSigned by: Fri at,or,y, wysot4 (II '-27395C6318214E7... "-88776E9FE88248B... Ann Marie Sharpe, Director George K. Wysong III, City Attorney Risk Management Department DSq 24-2156 Civil Engineering Services for Citywide Flood 27 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors limited liability company of BCC Engineering, LLC, a corporation organized and existing under the laws of the State of Florida, held on the 17 day of May, 2024, a resolution was duly passed and adopted authorizing (Name) Victor Herrera as (Title) Senior V President 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 7th day of August , 20 24 . Secretary: Print: Jose Munoz CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY. CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws , held on the _day of , a resolution was duly passed of the State of 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 Civil Engineering Services for Citywide Flood 28 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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: STATE OF Floridc& COUNTY OF I \i pl 111 1 `JcAdt- NOTARIZATION SS: The foregoing instrument was acknowledged before me this day of J4 k9 U S ' 20 , by , who i43ersonally known to e or who has produced as identification and who (did / did not) take an oath. SI NATUR F NOTARY PUBLIC S ATE OF FLORIDA Jth( PerPe a 2- PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Civil Engineering Services for Citywide Flood Mitigation Improvements — Project No. B-2333816 1 Notary Public State et Florid r Jennifer Perez (� My Commission HH Sig/G i f Expires 4/2312028 29 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced engineering firm to provide Civil Engineering Services for Flood Mitigation Improvements ("Project") at Project No. B-233816 — Melrose Flood Improvements - NW 23rd Avenue to NW 19th Avenue / NW 34th Street to NW 30th Street, Melrose, under the oversight of the Department of Resilience and Public Works ("DRPW'), 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 Group II, Pump Stations The purpose of the project is to develop a stormwater design to reduce flood risk and minimize the impacts of rising sea levels in this sub -basin, as identified in the 2021 City of Miami Stormwater Master Plan, for the following project: Project No. B-233816 — Melrose Flood Improvements - NW 23rd Avenue to NW 19th Avenue / NW 34t" Street to NW 30t" Street, Melrose The Consultant shall provide design engineering services for road reconstruction including, but not limited to, drainage improvements, stormwater modeling, sidewalks, ADA compliant ramps, curb and/or gutter structures, pavement markings and striping, roadway signage, utility coordination, survey, geotechnical services, design development, construction permitting, bidding and construction administration. The proposed drainage will include stormwater pipe conveyance to a new pump station, and connection from the stormwater pump station to a series of underground injection wells through a force main. The City may also require the Consultant to perform landscaping architecture, roadway lighting, traffic signalization, public involvement, and related services necessary for the design and preparation of construction documents for the Project. The Consultant's team shall consist of the following personnel: ■ Project Manager ■ Roadway Engineer ■ Stormwater Engineer ■ Mechanical, Electrical, and Plumbing Engineer (Group II Only) 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: ■ Construction Engineering and Inspection ("CEI") Services Specialist Further details concerning the Scope of Services are contained in the solicitation for Civil Engineering Services for Citywide Flood Mitigation 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 RPW 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 Civil Engineering Services for Citywide Flood 30 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 civil engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant 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 FEASABILITY STUDY 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 Civil Engineering Services for Citywide Flood 31 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. ARTICLE A3 Feasibility Study Schematic Design Design Development 50% Construction Documents 100% Construction Documents Dry -Run Permitting Bidding and Award of Construction Contract Construction Contract Administration ADDITIONAL SERVICES 180 days 60 days 90 days 60 days 60 days 60 days 60 days 365 days 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. 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 Civil Engineering Services for Citywide Flood 32 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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. Civil Engineering Services for Citywide Flood 33 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 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 Civil Engineering Services for Citywide Flood 34 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Curtis & Rogers Design Studio, Inc. Landscape Architecture Chen Moore and Associates, Inc. Electrical Engineering, Lighting GPI Geospatial, Inc. Survey and Mapping Professional Services Industries, Inc. Geotechnical Engineering Quest Corporation of America, Inc. Public Involvement Smith Engineering Consultants, Inc. MEP Engineering SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Principal Victor Herrera Project Manager Carlos Morales Sr. Project Engineer Lazaro Ferrero, PE Project Engineer Jean Rodriguez Design Engineer Dory Torres CADD Technician Juan Bonilla Utility Coordinator Rick Duran Project Engineer Hendric Mendez Design Engineer Valentina Nackfour CADD Technician Armando Nunez Sr. Project Engineer Steven Goldstein Project Engineer Rolando Pares Design Engineer Roxana Alonso Sr. CAD Drafter Daysi Escalona CAD Technician Margot Canizares Civil Engineering Services for Citywide Flood 35 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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. Civil Engineering Services for Citywide Flood 36 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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 Civil Engineering Services for Citywide Flood 37 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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. Civil Engineering Services for Citywide Flood 38 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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. Civil Engineering Services for Citywide Flood 39 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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 Civil Engineering Services for Citywide Flood 40 RFQ No. 23-24-004/3 Mitigation Improvements — Project No. B-2333816 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 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 $246.50 Project Manager $76.93 $223.10 $184.63 Sr. Project Engineer $86.42 $250.62 $207.41 Project Engineer $48.08 $139.43 $115.39 Design Engineer $35.65 $103.39 $85.56 CADD Technician $23.00 $66.70 $55.20 Utility Coordinator $60.00 $174.00 $144.00 Project Engineer $60.82 $176.38 $145.97 Design Engineer $38.87 $112.72 $93.29 CADD Technician $36.33 $105.36 $87.19 Sr. Project Engineer $65.76 $190.70 $157.82 Project Engineer $49.49 $143.52 $118.78 Design Engineer $34.42 $99.82 $82.61 Sr. CAD Drafter $41.22 $119.54 $98.93 CAD Technician $29.94 $86.83 $71.86 Project Manager $79.33 $230.06 $190.39 Sr. Project Engineer $82.79 $240.09 $198.70 Project Engineer 2 $71.34 $206.89 $171.22 Project Engineer 1 $55.53 $161.04 $133.27 Sr. Design Engineer $55.46 $160.83 $133.10 Engineer Intern $44.30 $128.47 $106.32 (*) Flat rate, no multipliers applied. Civil Engineering Services for Citywide Flood 41 Mitigation Improvements - Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF WAG DEPARTMENT OF RESILIENCE AND PUBLIC WORKS - CONSULTANTSTANDARDINVOICE To: ATM From:', NOTE: Crty or Marti r..okv Number: Mice Or Capital 111p Lirvrti ID SW 2r5clAvenue - 81h Floor Marrs, FL 33130 Inver. DANN PSOM �� Cont. AO No.. Connect TS. ProNN1 No.. Propel harm. PVctrre Order No.. WOOS Otdr No. Yarn CO, 01 00 Flom- To. Worth 00. 0000 Mor41 CQ COX I-.ec ear red P0.1 2 GO M'.P-..wu••• PM w mr ✓ osvw roved Cwnrt %tor .+t. P. "AA Thorn.. ON. Arr. dmQsr.d MANN, to SONAR taro al Norse' a1 Pr...pm ON kds P.xr w ... 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Sells AW.r..bs rm. firs. .n. aT U.i CITY OF Y ANI APPROVAL. DO NOT COMPLETE. TO OE COMPLETED BY CITY OF NM.YI Ol IE IIiMIMM Dr. Nand cl I P DINE Nair l IN P.yn..-1 r4«mrrp rnry V.rdrss MRrw.tl r ISVNY.P.J1 1IAY L MJtN L41Ef OP DESIGN Y3:r Y- AN! ur2C1 L.r .,u.enal-E.-anima 13, ONE brine- mZT Cam It Civil Engineering Services for Citywide Flood 42 Mitigation Improvements — Project No. B-2333816 RFQ No. 23-24-004/3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 1Iit tami CONSULTANT WORK ORDER PROPOSAL Date: July 16, 2024 Dear Mr. Hansen: BCC Engineering LLC proposes to provide the services identified below for the project entitled "Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) " , 40- B233816 ", pursuant to its Professional Service Agreement with the City of Miami for Civil Engineering services, dated April 16, 2024. I. GENERAL BCC Engineering, LLC ("BCC") is pleased to provide the services identified below as part of the RFP for the City of Miami Melrose Flood Improvements. the project aims to implement key enhancements outlined in the SWMP dated July 16, 2021, targeting the alleviation of flooding in Basin 65, Area C6-01, Sheet B- 65, and the development of cost-effective stormwater improvement strategies to enhance flood protection in these areas. This project will focus on obtaining necessary geotechnical data, topographic data, designing drainage improvements and conducting applicable permitting activities along the roads within Melrose Neighborhood. The project encompasses a range of tasks including roadway reconstruction, milling and resurfacing, overbuild, drainage enhancements, sidewalks, ADA compliant ramps, curb and/or gutter installations, driveway approaches, pavement markings, and signage. The proposed drainage system will include new and upsized stormwater inlets and pipes, a new pump station, and injection drainage wells. Roadway - raising and driveway harmonizations will be included under the scope of services. This proposal defines the scope of work, schedule, compensation, and scope of work exclusions for the professional engineering services associated with this project. II. SCOPE OF WORK A. Task 1 — Meetings & Coordination As part of this task, BCC Civil staff will attend fourteen (14) monthly progress meetings to provide general project coordination and work planning. During these meetings, the status of all ongoing tasks and City reviews will be discussed. BCC will prepare and distribute meeting minutes for each progress meeting. Representation at recurring team meetings will be vested in the project manager, with the inclusion of team experts as deemed essential for specific disciplines. In addition, BCC will initiate the coordination, preparation, and attendance of meetings with Government Agencies, inclusive of project orientation meetings and consultations with City Planning, Zoning, Fire Marshall, Engineering, Utility representatives, State and County Agencies as required for the submission of final permits related to BCC's services. B. Task 2 — Data Collection & Utility Coordination As part of this task, BCC will perform a two-day field reconnaissance site visit to help familiarize key BCC team with the project limits, observe the existing drainage systems conditions, evaluate critical drainage locations, and verify the roadway conditions. BCC will prepare a field assessment report documenting the findings of the site visit. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 BCC will also collect available data from the City, Miami -Dade County, and South Florida Water Management District (SFWMD). BCC will develop a data catalog of the information collected as part of this task. Review survey and utility information collected for the project. Research and evaluate As-Buit plans and GIS for location of any existing drainage features and the possibility of reusing any part of the existing drainage systems. Additionally connect existing drainage systems to the west of the project limits to the proposed drainage system. Utilities Coordination • Identify Existing Utility Agency Owner(s): Identify all utilities within and adjacent to the project limits that may be impacted by the project. • Make Utility Contacts: 1st Contact — Distribute contact letters and plans to each utility owner. 2nd Contact — transmit Final Contact plans and the utility conflict matrix to each utility owner having facilities located within the project limits. Send agreements, letters, the utility conflict information, and plans to the UAO(s) including all component sets. Include the design schedule. • Field Meetings: Perform field reviews with impacted UAOs. Review conflicts, changes to plans, identify clearing and grubbing work, and assist in the development of UWS. • Collect and Review Plans and Data from UAO(s): Review utility marked plans and data. Ensure information is accurately reflected in the plans. Forward all requests for utility reimbursement and supporting documentation to the client. • Utility Design Meeting: Schedule and conduct a Utility meeting with UAO(s). Keep accurate minutes of all meetings and distribute a copy to all attendees. • Review Utility Markups & Work Schedules and Processing of Schedules & Agreements: Review utility marked up plans and UWS. Coordinate with the client for execution. Distribute Executed Final Documents. Coordinate with the client the programming of necessary funds. • Utility Coordination/Follow-up: Follow-up activities, interpreting plans, and assisting the UAOs with completion of their UWS and agreements. Ensure the UAO(s) complete and return the required documents and UWS. Ensure the resolution of all known conflicts. Coordinate service pick-up point locations with FPL. • Utility Constructability Review: Review utility schedules against construction contract time, and phasing for compatibility. Develop Utility Conflict Matrix • Contract Plans to UAO(s): Transmit the contract plans as processed for letting to the UAO(s). • Certification/Close-Out: Transmit final utility files and prepare the Utility Certification Package with Utility Clearance Letters. • Exceptions: Utility Coordination scope/fee does not include UOA (FPL, Comcast, TECO, Florida City as, Hotwire, AT&T, etc.) relocation design; coordination of existing utilities within private property; identification or subordination of utilities within easements; coordination of FPL account set-up for any required services; nor post-design/construction services of UAO nor utilities not designed in the construction documents nor utilities not included in this scope. 1. Task 2.1 — Survey / SUE BCC will retain Geospatial, Inc (GPI) to perform a topographic survey, subsurface utility engineering services and collect pipe size and invert elevations of drainage and sanitary systems to support the design of the project. GPI's detailed scope of work is included in Exhibit 'C'. 2. Task 2.2 — Geotechnical Services BCC will retain lntertek-PSI (PSI) to perform the required geotechnical information to support the design project. Pavement coring's, Reasonable Assurance Report (RAR) and percolation tests will be performed as part of this effort. PSI's detailed scope of work is included in Exhibit `D'. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 3. Task 2.3 — Landscape Architecture Services (Optional Services) BCC will retain Curtis + Rogers Design Studio, Inc. (C+R) to perform the required Landscape Architecture Services to support the design project. C+R's detailed scope of work is included in Exhibit `E'. 4. Task 2.4 — Electrical Engineering Services BCC will retain Smith Engineering Consultant (SEC) to perform the required electrical engineering services information to support the design project's pump station. SEC's detailed scope of work is included in Exhibit 'F'. 5. Task 2.5 — Site Lighting Services (Optional Services) BCC will retain Chen Moore & Associates (CMA) to perform the required Site Lighting Services to support the pump station site only. CMA's detailed scope of work is included in Exhibit `G'. 6. Task 2.6 — Public Engagement Support services BCC will retain Quest to perform the Public Engagement Support services to support the design project. Quest's detailed scope of work is included in Exhibit `H'. C. Task 3- Roadway Engineering Services As part of this task, BCC will provide Roadway engineering services to support the design project which will meet the requirements of the jurisdictional regulatory agencies. BCC will prepare Roadway plans that will include the following: Roadway Plans BCC will prepare Roadway Plans to support the design project, will include the following: • Develop Typical Section Package. Two (2) typical sections are anticipated following City of Miami RPW Detail R-20: Typical Cross Section (50-A & 50-B) to be submitted prior to 30% CDs • Provide design for horizontal and vertical geometry. • Provide cross sections every 50'. • Prepare Level I MOT plans. Includes general notes, typical sections, and phasing notes. • Prepare necessary design variations. (Anticipating two (2) design variations for Clear Zone and Intersection Sight Distance). Deliverables: 1. Roadway Construction Documents — 40 Scale (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) Set (iii) 60% CDs Progress (Permit) (iv) 100% Final Documents 2. Opinion of Probable Cost (60%/100%) 3. Specifications Exclusions: • Pavement Design Report not included. Pavement design will be based on City of Miami RPW Detail R-13: Flexible Pavement Design Detail. • Full MOT plans are not required, only general notes, typical sections, and phasing notes. Full MOT plans will be the responsibility of the contractor. D. Task 4.0 — Stormwater Design Services As part of this task, BCC will provide Stormwater Design Services to support the design project. This Services will include but not limited to: Hydraulic & Hydrologic (H&H) Modeling Report CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 As part of this task, BCC Civil staff will develop 1 D modeling using StormWise (formerly ICPR4) to compare pre- and post -development conditions. This assessment will also determine the number of injection drainage wells required to meet the project's level of service and sea level rise. A Drainage Map will be required to determine the amount the runoff contributing to the system. • Level of Service: As discussed, there should be no flooding over the grates of inlets during a 5-year, 24-hour storm; no flooding over road crowns for all city streets during a 10-year, 24-hour storm; and flooding should be maintained below building finished -floor elevations during the 100-year recurrence interval design storm. • Sea level Rise: The designed will account for a projected sea level rise of 18 inches, which should be considered in all boundary conditions and groundwater level calculations. Demolition Plan BCC will prepare Demolition Plans incorporating removal of the existing improvements in conflict with the proposed facilities. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Erosion Control Plans BCC will prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor's use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)" through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. Drainage Plans BCC will prepare drainage plans, to support the design project, which meet the requirements of the jurisdictional regulatory agencies. During this task, the Civil staff will perform the following: • Replace/Upgrade existing drainage structures to remain within project area with Miami Standard USF 5129 curb and gutter inlet tops with hinged 6176 grates. • Coordination to address any conflicting utilities will be completed under this task to finalize the pipe layout and minimize changes during design. • Coordinate with roadway profiles for location of proposed drainage structures. Spread Calculations will be required, per the FDOT Drainage Manual. • Evaluate location of existing utilities to identify conflicts and the need for any special drainage structures. • Coordinate the preliminary location of proposed drainage structures with other disciplines to avoid conflicts, i.e. lighting, etc. Stormwater Pump Station Plans BCC will prepare Stormwater Pump Station plans to support the design project, which meet the requirements of the jurisdictional regulatory agencies. The new stormwater pump station systems will consist of an offline pollution control structure, trash rack/filter element, pump station wet well, valve box, energy dissipator structure, and pipes and fittings that connect the to the new Pump Station features. A pretreatment system for pollution control comprises of a diversion weir and hydrodynamic separator (i.e., vortex generator). During smaller, low -flow storm events (i.e., first -flush), runoff will be initially diverted via the weir to the hydrodynamic separator. The separator captures and retains sediments, oil, trash, and floatables from the contributing runoff. During larger, high -flow storm events, runoff will overtop the diversion weir to maintain conveyance/discharge capacity within the system. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Pump station design includes mechanical PS plan and section, mechanical details, pump sizing calculations, outfall hydraulic calculations, equipment sizing; electrical general, electrical site plan, lightning and grounding, one -line diagram, equipment elevation and panel schedules, electrical service detail; instrumentation P&IDs, misc. details. Deliverables: 1. Drainage Construction Documents — 40 Scale (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) Set (iii) 60% CDs Progress (Permit) Set (iv) 100% Final Documents 2. Hydraulic & Hydrologic (H&H) Report (Draft / Final) 3. Opinion of Probable Cost (60%/100%) 4. Specifications Exclusions: • Update the Stormwater Master Plan (SWMP). E. Task 5.0 — Roadway Traffic Engineering Operations Services (TEO) As part of this task, BCC will provide Roadway TEO Design Services to support the design project. This Services will include but not limited to Signing and Pavement Marking Design and Plans BCC will prepare a signing and pavement marking plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. • Replacement of existing pavement markings due to road reconstruction as well as damaged signs at ten (10) intersections. Loop Vehicle Detection Design and Plans BCC will prepare a Loop Vehicle Detection plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. • Replacement of existing pavement vehicle detection loops at existing NW 22nd Ave and NW 32nd St signalized intersection. Only east leg/westbound approach of the intersection based on roadway work. Deliverables: 1. Roadway TEO Construction Documents — 40 Scale (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) Set (iii) 60% CDs Progress (Permit) Set (iv) 100% Final Documents 2. Opinion of Probable Cost (60%/100%) 3. Specifications Exclusions: • Temporary Signal Design. F. Task 6.0 — Structural Engineering Services. As part of this task, BCC will provide design calculations and construction documents for the Wet Well/Trash box, Valve Box, Diversion Box, Control Structure and generator pad or podium sufficient for filing with the building department. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Deliverables: 1. Structural Construction Documents — 40 Scale (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) (iii) 60% CDs Progress (Permit) Set (iv) 100% Final Documents 2. Design Calculations 3. Opinion of Probable Cost (60%/100%) 4. Specifications Exclusions: • Structural Specifications G. Task 7.0 — Permitting As part of this task, BCC staff will attend permit coordination meetings and prepare permit applications, including required attachments such as reports and signed and sealed drawings, to obtain permits from the following agencies: • City of Miami Building Permit • Miami Dade Department of Regulatory and Economic Resources (RER) • DEP Class V Injection Wells (from Well Contractor) • Miami -Dade County Department of Transportation & Public Works (MDC DTPW) • City of Miami Public Works Department Payment of application and permit fees shall be the sole responsibility of the City. BCC staff will request checks from the city prior to the submittal of permit applications to cover any associated fees. H. Task 8.0 — Limited Procurement Support Services As part of the services, BCC will provide Limited Procurement Support Services for above - mentioned Services for the construction documents developed by BCC. • Attend one (1) pre -bid meeting. • Respond to questions and provide clarification related to the design plans up to six (6) RFIs. • Review tally sheet and provide recommendations for the award letter. I. Task 9.0 — Limited Post Design Services As part of the services, BCC will provide Limited Post design Services for above -mentioned Services for the construction documents developed by BCC. • BCC will attend one (1) pre -con meeting. • BCC will attend one (1) monthly Construction Meeting • BCC will review and approve up to 10 shop drawings or technical submittals required by the Contract Documents. The review includes up to one (1) re -submittal review for correction and revision by the Contractor per submittal package. The review will include a comparison of the Contractor's submitted documents to the requirements of the Contract Documents. In addition, any substantial deviation from the project requirements will be documented and returned to the Contractor and the CITY with instructions on how to proceed based on the severity and nature of the deficiencies encountered. Once the Contractor has substantially met the project requirements, BCC will approve the submittal package in writing and provide the results to the Contractor and the CITY. This task will not include the review and approval of material substitutions or evaluation of bid alternates, or value engineering. • BCC will answer and address the contractor's Requests for Information (RFI) which requires interpretation of the plans and specifications. For budgeting purposes, it is anticipated that two (2) RFIs will be addressed as part of this task. This task includes only those RFIs that are directly related to any original products specified by BCC for the CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 construction of this project and excludes interpretation of any documents originally created by the CITY, the Contractor, or their sub -contractors and suppliers. BCC will prepare and maintain a submittal and RFI log, which will document and track the dates and results of all reviews. The log will be periodically updated and will be reviewed during the construction progress meetings. • For BCC to certify that the project is built to plans, specifications and all applicable codes, standards and building codes that are applicable, the CITY needs to provide a full-time inspector for the project. The CITY inspector is to provide BCC with daily construction reports for certification. If the CITY requires BCC to provide a full-time inspector, BCC will provide the CITY with an Additional Service Contract. • BCC will attend one (1) substantial completion walkthrough and one (1) Final Inspection walkthrough. • BCC will attend one (1) Pump Station Startup Meeting. • BCC will review and approve up to two (2) As-builts Submittals per permitted construction documents developed by BCC. • BCC shall not be responsible for the acts or omissions of Contractor, Subcontractors or Suppliers or of any other individual or entity performing or furnishing any portion of the construction, unless such acts or omissions are due to Engineer's work under this Agreement. • BCC neither guarantees the performance of Contractor, Subcontractors or Suppliers nor assumes responsibility for their failure to furnish and perform their respective portions of the construction in accordance with the drawings and specifications. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise GPI Geospatial, Inc. Survey / SUE Services Intertek-PSI (PSI) Geotechnical Engineering Services Curtis + Rogers Architects (C+R) Landscape Architecture Services Smith Engineering Consultants (SEC) Electrical Engineering Services Chen Moore & Associates (CMA) Site Lighting Services Quest Outreach Services CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below. (additional paces may be added as needed' SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar da s) yendar Delivery Date* calcumulative weeks, or days) 1.0 Meetings & Coordination' Project Duration NTP + 400 days 2.0 Data Collection / Utility Coordionation Project Duration NTP + 400 days 2.1 Survey / SUE (Subconsultant) 60 days NTP +60 days 2.2 Geotechnical Services (Subconsultant) 60 days NTP +90 days 2.3 Landscape Architecture Services (Subconsultant) 300 days NTP +360 days 2.4 Electrical Engineering Services (Subconsultant) 300 days NTP +310 days 2.5 Site Lighting (Subconsultant) 300 days NTP +310 days 2.6 Outreach (Subconsultant) 300 days NTP +310 days 3.0 Roadway Engineering Services 3.0.1 Typical Section Package 45 days NTP +105 days 3.1 30% Roadway CDs 60 days NTP +120 days 3.2 60% Roadway CDs 90 days NTP +210 days 60% Roadway CDs - Progress (Permit) Set 45 days NTP +255 days 3.3 100% Roadway CDs 60 days NTP +310 days 4.0 Civil Engineering Services 4.1 30% Civil CDs 60 days NTP +120 days 4.2 60% Civil CDs 90 days NTP +210 days 60% Civil CDs - Progress (Permit) Set 45 days NTP +255 days 4.3 100% Civil CDs 60 days NTP +310 days 5.0 Roadway TEO Services 5.1 30% TEO CDs 60 days NTP +120 days 5.2 60% TEO CDs 90 days NTP +210 days 60% TEO CDs - Progress (Permit) Set 45 days NTP +255 days 5.3 100% TEO CDs 60 days NTP +310 days 6.0 Structural Engineering Services 6.1 30% Structural CDs 60 days NTP +120 days 6.2 60% Structural CDs 90 days NTP +210 days 60% Structural CDs - Progress (Permit) Set 45 days NTP +255 days 6.3 100% StructuralCDs 60 days NTP +310 days 7.0 Permitting 90 days NTP +300 days 8.0 Limited Procurement Support Services 90 days NTP +400 days 9.0 Limited Post Design Services 365 days NTP +765 days "An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of One million seventy thousand five hundred twelve dollars and ninety-five cents ($1,070,512.95) and a Total Hourly Rate, Not to Exceedfee of Two hundred forty-five thousand nine hundred seventy dollars and ninety cents ($245,970.90) . The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $15,000.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. Exhibit `B' includes a detailed man-hour estimate for work outlined in the Scope of Work. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis 1.0 Meetings & Coordination $49,070.90 Hourly Rate, Not to Exceed 2.0 Data Collection / Utility Coordionation $58,022.04 Lump Sum 2.1 Survey/ SUE (Subconsultant) $97,480.00 Allowance 2.2 Geotechnical Services (Subconsultant) $48,872.42 Allowance 2.3 Landscape Architecture Services (Subconsultant) - Optional $13,430.00 Lump Sum 2.4 Electrical Engineering Services (Subconsultant) $34,870.00 Lump Sum 2.5 Site Lighting (Subconsultant) - Optional $23, 788.00 Lump Sum 2.6 Outreach (Subconsultant) $16,900.00 Hourly Rate, Not to Exceed 3.0 Roadway Engineering Services 3.1 30% Roadway CDs $106,768.14 Lump Sum 3 2 60% Roadway CDs $70,113.18 Lump Sum 60% Roadway CDs - Progress (Permit) Set 3.3 100% Roadway CDs $68,821.23 Lump Sum 4.0 Civil Engineering Services 4.1 30% Civil CDs $99,440.65 Lump Sum 4 2 60% Civil CDs $122,967.42 Lump Sum 60% Civil CDs - Progress (Permit) Set 4.3 100% Civil CDs $139,283.64 Lump Sum 5.0 Roadway TEO Services 5.1 30% TEO CDs $10,804.65 Lump Sum 5 2 60% TEO CDs $14,288.01 Lump Sum 60% TEO CDs - Progress (Permit) Set 5.3 100% TEO CDs $13,201.50 Lump Sum 6.0 Structural Engineering Services 6.1 30% Structural CDs $12,570.46 Lump Sum 6 2 60% Structural CDs $17,693.71 Lump Sum 60% Structural CDs - Progress (Permit) Set 6.3 100% StructuralCDs $31,794.32 Lump Sum 7.0 Permitting $72,126.48 Lump Sum 8.0 Limited Procurement Support Services $40,448.74 Lump Sum 9.0 Limited Post Design Services $180,000.00 Hourly Rate, Not to Exceed Subtotal — Professional Fees $1, 316, 482.95 Allowance for Reimbursable Expenses $15,000.00 TOTAL $1,331,482.95 *Note: Compensation should match the Task, Activities, and/or Deliverables identified. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: 1. Any traffic Engineering services 2. Property Harmonization Details and property owner coordination 3. Any Water and Sewer Systems betterments (i.e. Water & Sewer Mains replacement, Water Connection between Existing and Proposed Water Mains, Fire Hydrant Relocation, Consumer Line Relocation, etc.) 4. Any construction or environmental permitting services (i.e., building, wetlands, tree, marina, etc.) 5. Wind studies, vibration studies, site -specific seismic analysis, or testing. 6. Any services normally provided by an environmental engineer (e.g., Water quality modeling, Contamination, or environmental assessments, etc.) 7. Other services normally provided by an electrical engineer not specifically included in the Scope of Services (e.g., building lighting design, undergrounding, or hardening infrastructure design, etc.) . 8. Any services normally provided by a plumbing engineer not specifically included in the Scope of Services (e.g., grease trap design or sand/oil interceptor design, etc.) 9. Other site structures such as retaining walls, stairs, sidewalks, flagpoles, light poles, swimming pools, etc. 10. Any other services not specifically included in the Scope of Services. 11. Update the current Stormwater Master Plan. 12. Any Construction assistant services not included in scope of work (i.e. FDEP 404 or NPDES permits, Consumptive Use or dewatering permits, etc.) VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the CITY: 1. Stormwater master plan report and Models Files (SWMP) 2. Programmed road County improvements that could have an impact to the project. 3. Existing Drainage and underground records (i.e. Stormwater, roadway, lighting, etc.) 4. Telemetry information (i.e. SCADA, RTU, etc.) 5. Pump Station Property Proof of Ownership or recorded easement information. 6. Environmental assessments if any. 7. City of Miami Municipal Atlas Sheets 8. Pavement Condition Map 9. Zoning Map 10. Potential Pump Station Site VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Carlos Morales. Civil Division Manager. Submitted by: BCC Engineering LLC Reviewed and approval in concept recommended by: Victor Herrera, Vice President Clara Sidan, Assistant Director, Stormwater & Permitting. City of Miami Department of Resilience and Public Works (DRPW) CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit A - Project Location Maps 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: A-DD79-428D-9E92-12B24B3B1 BE1 • PROPOSED OFFLINE INJECTION WELLS E PROPOSED PUMP STATION — PROPOSED CONVEYANCE PIPE DRAINAGE/ROADWAY IMPROVEMENTS =I PROJECT BOUNDARY Melrose Flood Improvements 0 125 250 500 Feet CITY COMMISSION DISTRICT 1 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit B - Fee Estimate 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-121324133131 BE1 ESTIMATE 0 1AARK EFFORT AND CO. - PRIME CONSULTANT 1,/1 Nel9ral0,100d flOOd MItIgatIOn Ir.r0Verrien. FraZz1,1717: Pate $7693 Pate $86.42 Pate .5 65 PA. $3887 Arma PA. $36.33 76 P=td 7:7 Pate $.49 49 DP7: rrn: Pate 3,42 Pate $79 33 Pate $8279 Pate $55.46 20 8 0 L.,,ted 10 80 20 40 20 10 18 10 20 20 .51 8828 51828 R75 5138 5.0 5.0 5,154 5.0 20 18 20 5,587 20 51.858 54.2 84 55 98 53.173 48 53,4 5317 4 5331 5.5 8 58. 5571 - 8 5858 88 82 54827 54552 54335 510.4 513848 547 12 5.. 544. 552. 557 18 20 522.30870 558.074, 530858 00 518.78000 511820 72 72 52.03448 110 52802.88 118 512..280 1" 515.58452 .19.798. t UpMnp C ement ,D.ezt rtS7:870;:, ESill.aki ED FEE Geoted,n,..I Reid and iezt, e I ^^lz L e e m EST ,EE $927 415 07 534870 00 523788 00 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit C - GPI Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng i 1 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 GPI GEOSPATIAL CITY OF M IAM I MELROSE FLOOD IMPROVEMENTS for BCC Engineering 04-24-2024 Submitted by: GPI Geospgtial, Inc. FRANK PARUAS, PSM 8935 NW 35th Lane, Suite 100 Miami, FL 33172 305-290-4997 www.gpinet.com/geospatial Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Carlos Morales Civil Division Manager BCC Engineering 6401 SW 87t Avenue, Suite 200 Miami FL 33173 T: 305-670-2350 M: 305-310-1531 Email: carlos.morales©bccenq.com Subject: City of Miami Melrose Flood Improvements Project. GPI Geospatial, Inc. Proposal No. 2400246.00 GPI Geospatial, Inc., (GPI) greatly appreciates this opportunity to provide BCC Engineering (BCC), hereafter referred to as the Client, with our proposal to perform professional geospatial services as requested. The following proposal is based on our understanding of the scope of work. PROJECT DESCRIPTION GPI will perform a 3D Survey for the project limits shown below. The purpose of the project is to support BCC and the City of Miami (COM) on the improvements to mitigate Flooding issues for the Melrose Neighborhood. All geospatial tasks will be performed in accordance with the current Standards of Practice for Surveying and Mapping in the State of Florida. PROJECT LIMITS The project limits for this site can be found below: SCOPE OF SERVICES PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 1 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 DRIVE PLAN AND TARGET LAYOUT fir;;" s•�x:.�� 1 1 s! - r eta. +Milt21 hA •2 - aF22---`fir. 0 " -, ' : MT-13 MT 28` SCOPE OF SERVICES For Horizontal and Vertical Control Elements 1. List horizontal and vertical datum to be used: a. Set Horizontal Control, State Plane Coordinates (NAD83/2011) Florida East Zone, US Survey Feet b. Set Vertical Control, North American Vertical Datum of 1988 (NAVD 88), US Survey Feet 2. Right of Way (Right of way lines, will be obtained from Miami -Dade County Property Appraiser Website (MDC GIS) PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 2 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 3. Design / Topographic Survey — a. GPI will be locating all above ground features within the project limits. The above ground features to be located will include but not limited to the following: i. Above ground physical improvements (roads & driveways (with material type asphalt or concrete), curbing, sidewalks, fences, gates, signs, etc.) ii. Topo shots (xx' spacing) iii. Trees (minimum size at DBH) iv. Buildings (finished floor elevations, if requested) v. Above ground utilities, (utility poles, water valves, etc.) and evidence of underground utilities (power drops, utility pedestals, transformers, etc.) vi. Overhead utility lines (horizontal or horizontal and vertical) vii. Underground drainage or sanitary (gravity only), drainage structures, cleanouts, manhole inverts, etc.) viii. Underground Utilities: SUBCONTRACT to utility firm. Do not attempt to use "Sunshine one call" for utility designates. ix. Invert elevation, or location of internal pumps, float switches, etc. of the lift station is not included in this scope. 4. Subsurface Utility Investigation "Level A" / Locates/Soft Digs a. Perform up to Fifty (50) Utility Locates/Soft Digs to confirm the location of underground utility lines. GPI will prepare Test Hole Reports with the XYZ information, as well as Pipe Size, Material, direction. ADDITIONAL INFORMATION 1. Services to be performed one time only. DELIVERABLES 1. One external drive or digital transfer containing: a. Electronic survey file in AutoCAD Civil 3D 2019 format and PDFs of Topographic Survey Map. b. AutoCAD Civil 3D .XML file for existing ground surface and survey baseline and the complete c. Complete ASCII file of all coordinate data in a comma delimited format. 2. Five copies of the Topographic Survey map signed and sealed by a licensed Professional Surveyor and Mapper of the State of Florida. SCHEDULE Completion is estimated at 4-6 weeks after receiving Purchase Order or written Notice to Proceed, barring unforeseen conditions, issues beyond our control or inclement weather. Mobile LiDAR Operator (LiDAR Collection and Calibration) $ 120.00 75 $ 9,000.00 Survey Tech CADD Techs (Extraction 3D Features) Survey Tech (Merge and CADD Edits) CADD Technician (Hours) 3-Survey Crew (Days) Professional Surveyor and Mapper BSURFACE UTILITY ENGINEERIN " 125.00 100.00 100.00 100.00 2,100.00 205.00 40 125 30 40 13 8 2,500.00 12, 500.00 3,000.00 $ 4,000.00 $ 27,300.00 $ 1,640.00 SOFT DIGS (EACH) ■ 800.00 50 $ 40,000.00 Total Survey 97,840.00 PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 3 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Notes: 1. Items not included in the fees such as permitting, site access costs, etc. shall be billed separately. SUBSURFACE UTILITY ENGINEERING This proposal can be individually modified to meet your requirements, upon request. CONTRACT TERMS AND CONDITIONS Time for Acceptance This agreement is void if not signed and returned to GPI Geospatial, Inc. within 90 days of the date of the agreement. Time for Rendering Services GPI Geospatial, Inc. will perform the services described in these documents ("the Services") following a mutually agreeable schedule consistent with usual and customary practices. GPI Geospatial, Inc. agrees to use reasonable efforts to commence the Services on the date specific in the Agreement or contained in the agreed upon schedule, and shall proceed with reasonable diligence to complete the Services. Should GPI be delayed in the completion of the Services due to causes beyond GPI Geospatial, Inc.'s control or other excused delays, then GPI Geospatial, Inc. shall be awarded additional time to perform such Services and the price stated in the Agreement shall be equitably adjusted for any additional costs incurred by GPI Geospatial, Inc. due to such delay. Information Provided Before GPI Geospatial, Inc. commences the Services, the Client shall provide GPI Geospatial, Inc., in writing all necessary information to permit its proper performance of the Services. GPI Geospatial, Inc. shall be under no duty or obligation to verify the completeness or accuracy of the information provided by the Client and shall be entitled to fully rely thereon. GPI Geospatial, Inc. shall have no obligation to perform any Services until all necessary information has been provided in writing by the Client. GPI Geospatial, Inc. shall not be responsible for any locations, dimensions, depths, elevations, or a similar metric which are provided by the Client in error. Additional Services Services not expressly included in these documents are defined as additional services, and will not be performed until approved and authorized in writing by the Client. If the fee set forth in the proposal is for a Lump Sum, then Additional Services shall be provided on an hourly basis, invoiced at GPI Geospatial, Inc.'s prevailing hourly rates, which are set forth in Exhibit B to the Proposal, "GPI Geospatial, Inc. Prevailing Hourly Rates" which is incorporated here and will be invoiced separately. Change Orders If Client wishes to change the scope of performance of the Services, Client must submit written details of the requested change to GPI Geospatial, Inc. GPI Geospatial, Inc. shall, within a reasonable amount of time after such request, provide a written estimate to Client of (a) the likely time required to implement the change; (b) any necessary variations to the fees and other charges for the Services arising from the change; and (c) any other impact the change might have on the Agreement. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a "Change Order"). Neither party shall be bound by any Change Order unless mutually agreed upon in writing. Hourly Rate Schedule (Not applicable to Lump Sum Fees) Services provided on an hourly basis will be invoiced at GPI Geospatial, Inc.'s prevailing hourly rates. Prevailing hourly rate changes occurring during the contract period will be applicable as of the effective date of rate change. Hourly rates are subject to change the first of January and July. Payment for Services Services will be invoiced monthly based on work accomplished. Payment for Services rendered is due upon receipt of GPI Geospatial, Inc.'s invoice. Invoice payments not received within 30 days from the date of the invoice are past due and subject to a service charge equal to 1.5% per month (18% per annum). If payment is not received within 60 days of invoice, GPI Geospatial, Inc. has the unilateral right to discontinue work on the project and terminate this Agreement with no legal recourse by the Client. The Client will be liable for all costs of collection, including, but not limited to, court costs, filing fees, service fees, reasonable attorneys' fees, and staff time at our prevailing hourly rates should a default in payment occur. Reimbursable Expenses Reimbursable expenses will be billed to the Client, in addition to the fee, at the rate of 1.1 times actual expenditures. Reimbursable expenses include the cost of travel, reproductions, deliveries, postage, photographs, and handling of drawings, specifications, reports, or other project related material. Permits and Licenses Client shall timely, so as to not delay the Services, secure and pay for all easements, permits and licenses required by law, and shall give all notices required thereunder. Standard of Practice and Care Services performed by GPI Geospatial, Inc. will be consistent with the level of care and skill ordinarily exercised by members of this profession currently practicing in the same locality and under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement or any report, opinion, document or otherwise. Site Access PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 4 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Client will provide the necessary access and right of entry for GPI Geospatial, Inc. to enter and inspect all locations of the Project Site and to all offsite locations as necessary in order to allow GPI Geospatial, Inc. to perform its Services. GPI Geospatial, Inc. is not obligated to provide scaffolding or personnel hoists in order to perform the Services. Limitation of Liability NEITHER PARTY WILL BE LIABLE TO EACH OTHER FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, LIQUIDATED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER. IN NO EVENT SHALL GPI GEOSPATIAL, INC.'S AGGREGATE LIABILITY TO CLIENT EXCEED THE AMOUNT OF AVAILABLE INSURANCE OR GPI GEOSPATIAL, INC.'S FEES TO THE SERVICES PERFORMED HEREUNDER, WHICHEVER IS LESS. Field Observation Services Field observation services performed by GPI Geospatial, Inc. pursuant to this contract, whether performed prior to, during, or after completion of construction, are performed solely for the purpose of determining general conformity of work with the contract plans and specifications. Nothing contained herein shall create or be deemed to create any duty or authority upon GPI Geospatial, Inc. or its employees to direct, supervise, or control the work (including safety procedures), of other contractors, subcontractors, consultants or their respective employees or by any other person at the project site (collectively "Client's Contractors"). The Services do not include any form of guarantee or insurance with respect to the performance of Client's Contractors. GPI Geospatial, Inc. does not assume responsibility for the means, methods, sequences, and techniques employed by the Client's Contractors in their work. GPI Geospatial, Inc. is only responsible for the health and safety of its own employees. Ownership of Documents All documents created, prepared, or furnished by GPI Geospatial, Inc. pursuant to the Agreement, including plans, drawings, specifications, construction documents, displays, graphic art, photographs, and other images and devices of any medium, including electronic data (including but not limited to LiDAR) or files (collectively "Design Materials"), are instruments of GPI Geospatial, Inc., and GPI Geospatial, Inc. shall retain an ownership and property interest therein, including copyrights. Upon payment in accordance with the Agreement, GPI Geospatial, Inc. grants Client a perpetual, non-exclusive, royalty -free license to use the Design Materials for the sole purpose of use at the Project. Reuse or modification of any such documents by Owner, without GPI Geospatial, Inc.'s express written consent, shall be at Client's own risk, and Client agrees to defend, indemnify and hold GPI Geospatial, Inc. harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse or modification by Client or by others acting through Client. Client agrees that it shall not use the Design Materials or the name of GPI Geospatial, Inc. or its insignia or seal in any manner without GPI Geospatial, Inc.'s express written consent. Project Suspension or Termination If the project is suspended for more than 90 days, abandoned in part or terminated, the Client will pay GPI Geospatial, Inc. for services performed and reimbursable expenses incurred up to and including the effective date of such suspension, abandonment or termination, and all termination expenses. The contract fee will require renegotiations should the project be restarted. Severability If any of the provisions herein shall be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not invalidate or render these Terms and Conditions unenforceable, which shall be construed as if not containing the particular invalid or unenforceable provision, provided that the intent of the parties can be achieved in all material respects. Governing Law This Agreement shall be construed and governed in accordance with the laws in the state in which the Project is located. Merger and Counterparts This Agreement may be executed in counterparts and exchanged by facsimile, email or pdf, each of which shall be deemed an original and all of which, when taken together, constitute one and the same documents. This Agreement contains the complete, full and exclusive understanding of the parties and shall supersede any prior agreement between the parties. Claims and Disputes Owner and Consultant shall endeavor to resolve claims, disputes and other matters in question between them in good faith and an efficient business -like manner. The Consultant shall continue providing Services during such time as the dispute exists, provided that Owner continues to pay all amounts that are not in dispute and such dispute does not continue in excess of ninety (90) consecutive days. If the parties do not resolve a dispute through good faith negotiations, the Parties shall first endeavor to resolve the dispute by mediation, which shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. The Parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. If the Parties are unable to resolve the matter following mediation, then the method of binding dispute resolution shall be as follows: (Check the appropriate box.) PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 5 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 [ X ] ARBITRATION — EITHER PARTY MAY SUBMIT ANY UNRESOLVED CLAIM OR DISPUTE TO BINDING ARBITRATION IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF AAA, AND SHALL BE CONDUCTED BY A SINGLE ARBITRATOR MUTUALLY ACCEPTABLE TO BOTH PARTIES. IF THE PARTIES CANNOT AGREE ON THE ARBITRATOR, THEN THE ARBITRATOR SHALL BE SELECTED BY THE PRESIDENT OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE HELD AND CONDUCTED IN THE STATE WHERE THE PROJECT IS LOCATED, UNLESS THE PARTIES AGREE OTHERWISE. THE FILING FEE AND ARBITRATOR'S FEES SHALL BE SHARED EQUALLY BY THE PARTIES. [ « » ] LITIGATION — ANY CLAIM OR DISPUTE ARISING HEREUNDER SHALL BE COMMENCED IN A COURT OF COMPETENT JURISDICTION LOCATED IN STATE WHERE THE PROJECT IS LOCATED. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE WHERE THE PROJECT IS LOCATED. [ « » ] OTHER: (SPECIF1 Insurance GPI Geospatial, Inc. will maintain the following insurance for the duration of the project: 22.1 Commercial General Liability — Bodily Injury/Property Damage - $2,000,000 each occurrence and $4,000,000 in the aggregate. 22.2 Worker's Compensation — as per Statute. Premiums for additional insurance coverage required for work on or over the water will be charged to the project and are subject to reimbursement. 22.3 Automobile Liability — in the amount of $1,000,000 each accident covering owned, non -owned, and hired vehicles. 22.4 Excess/Umbrella — in the amount of $5,000,000. 22.5 Professional Liability — in the amount of $1,000,000 each claim/ $2,000,000 in the aggregate. 22.6 GPI Geospatial, Inc. will furnish to Client Certificates of Insurance upon request naming Client as an additional insured on the General Liability policy. 22.7 Aircraft Liability — in the amount of $10,000,000. If Client requires limits greater than provided herein above, such additional limits may be offered, if commercially available, at Client's sole cost and expense. Contractor's Responsibilities GPI Geospatial, Inc. has no control over, charge of, or responsibility for construction. Client shall retain a qualified contractor, licensed in the jurisdiction of the project ("Contractor"), to implement the construction of the project ("Work"). The Contractor shall coordinate, supervise and direct all aspects of the Work and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, safety, and security. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless Client, GPI Geospatial, Inc., GPI Geospatial, Inc.'s subconsultants, and their respective directors, officers, employees and agents or any of them from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or in connection with the Contractor's Work. Contractor shall provide insurance and shall name Client, GPI Geospatial, Inc. and GPI Geospatial, Inc.'s subconsultants as additional insured on Contractor's Commercial General Liability Insurance policies. Indemnification 24.1 GPI Geospatial, Inc., subject to the limitation in Section 12 herein, agrees to hold the Client harmless from and against all claims arising out of the negligent professional acts, errors, and omissions of GPI Geospatial, Inc. in connection with the performance of the Services described in this Agreement. 24.2 GPI Geospatial, Inc. shall not be responsible for the acts or omissions of the Client, Contractor or any third parties in connection with or arising out of the project. Client hereby holds harmless and indemnifies GPI Geospatial, Inc. against all claims, damages, costs, suits, expenses, and attorney's fees which may be incurred by GPI Geospatial, Inc. which arise out of the foregoing. Expenses shall include, but not be limited to time charges by GPI Geospatial, Inc.'s employees at GPI Geospatial, Inc.'s then standard hourly fees. 24.3 Client shall make no claim for professional negligent acts, errors, omissions and/or alleged breach of contract either directly or in a third party claim, against GPI Geospatial, Inc. unless the Client has first provided GPI Geospatial, Inc. with a written certification executed by an independent design professional practicing in the same discipline as GPI Geospatial, Inc. and licensed in the state in which the project for which GPI Geospatial, Inc.'s services were rendered is located. This certification shall: a) identify the name and license of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for certifier's opinion that each such act or omission constitutes a violation. This certificate shall be provided to GPI Geospatial, Inc. not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any legal proceeding. Force Majeure If the performance of Services by Consultant is affected by causes beyond its reasonable control, force majeure shall result. Force Majeure includes acts of God, acts of a legislative, administrative, or judicial entity, governmental order, war, fires, floods, labor disputes, pandemic, COVID-19 and unusually severe or unanticipated weather which prevent Consultant from performing the Services hereunder ("Force Majeure"). Should a Force Majeure event occur, Consultant shall receive day -for -day Schedule relief based on the number of days the Force Majeure prevents Consultant from performing the Services. Consultant shall not be liable for failure to comply with any Force Majeure event. PROPOSAL NO. 2400246.00 MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 6 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 We trust this agreement meets with your approval. This offer shall remain valid for 90 days. Please indicate your acceptance by signing below and returning a copy of this Agreement. GPI Geospatial will return a fully executed copy for your records. Work will proceed only after the receipt of the signed agreement. Through its signature, the Client declares that it understands and agrees to the enclosed Terms and Conditions and has had an opportunity to discuss with GPI Geospatial any details that are unclear. For purposes of this Agreement only, electronic signatures shall be considered an original signature and shall have the same force and effect as an original signature. Very truly yours, GPI Geospatial, Inc. Frank Paruas, PSM Office Manager For Client: By: Date: (Authorized Signature) Title: (Typed or printed name) Client Purchase Order No./Project Number: For GPI Geospatial, Inc.: By: Date: (Authorized Signature) (Typed or printed name) Title: PROPOSAL NO. 2400246.00 CITY OF MIAMI MELROSE NEIGHBORHOOD FLOOD MITIGATION PROJECT 7 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit D - PSI Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 tntertek PSI Revised June 14, 2024 BCC Engineering 6401 SW 87th Avenue, Suite 200 Miami, FL 33173 Attn: Mr. Carlos Morales - Civil Division Manager (305) 310-1531 carlos.morales@bcceng.com Re: Proposal for Geotechnical Engineering Services Melrose Flood Improvements NW 215Y Ave Miami, Florida PSI Proposal No. 0397-042724R1 Dear Mr. Morales: Professional Service Industries, Inc. 7950 N.W. 64th Street Key West, FL 33166 Office: (305) 593-1915 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit a proposal to conduct a geotechnical exploration and corresponding report for the above reference stormwater project located in Miami, Florida. PSI thanks you for the opportunity to propose these geotechnical services and looks forward to being part of the design team. A review of project information, along with a proposed scope of services, schedule and fee are provided below. This proposal has been revised to reflect additional optional scope items requested by the project team to include amongst others the RAR Report. Google Earth aerial photographs (2023) of the site vicinity and project area, marked in blue and yellow, are shown below in Figure 1 and Figure 2, respectively: °girl -Fag al "IPtiIRawlM' ai'R, ,._ '1r11o�re, a 4 *wx�x6 . •:,ram it rtr FIGURE-1: SITE VICINITY, MIAMI, FL FIGURE-2: PROJECT AREA Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL PSI Proposal No. 0397-042724R1 June 14, 2024 Page 2 of 12 PROJECT UNDERSTANDING Based on PSI's review of the stormwater project information provided in RFP email sent on April 23, 2024, by Mr. Morales, a summary of our understanding of the proposed project is provided below in the following Project Description table. TABLE 1: PROJECT DESCRIPTION AND PROPOSAL BASIS Project Items The project consists of stormwater improvements along NW 21st Ave, NW 19th Ave, NW 34th St, NW 33rd St, NW 32nd St and NW 31st St. Existing Grade Change within Project Site ± Two feet estimate (Google Earth Pro) Pavement Standard and heavy-duty hot mix asphalt concrete Preliminary information was not available at the time of our proposal; if the indicated project characteristics above change, PSI needs to be informed to make the required modifications and recalculate foundation analyses before project construction starts. The following table provides a generalized description of the existing site conditions based on available information. Site Location TABLE 2: SITE DESCRIPTION The site is located along existing roads Between NW 34th St and NW 31' St, ' and 22nd Ave and NW 19th Ave in Miami, Florida (Latitude: 25.806182; Longitude: -80.229885). Site History Based on our review of Google Earth Pro Aerial Photographs from 1994 through 2023, the site appears to be occupied with the existing roads, see Figure 2. Existing Site Ground Cover Asphalt pavement. Site Boundaries The site is bounded by single family residential and commercial buildings. Site Access Site appears to be accessible to truck -mounted drilling equipment. Should the above information be inconsistent with planned construction, Mr. Morales should contact the PSI office and allow necessary modifications to be made to the proposal. SCOPE OF SERVICES The geotechnical engineering scope of services will include the following main items. • Desktop review of generally available public information, i.e., NRCS, USGS databases. • Field exploration consisting of drilling and sampling of the subsurface materials and observation of current groundwater levels at the site. • Representative laboratory testing of subsurface materials. • Performing engineering analysis and providing geotechnical recommendations in written report format. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL PSI Proposal No. 0397-042724R1 June 14, 2024 Page 3 of 12 • OPTIONAL — Furnish, install, and provide limited environmental testing of a drainage test well including providing a statement to be used for the Reasonable Assurance Report (RAR). Field Exploration PSI proposes that the subsurface conditions be explored by two Standard Penetration Test (SPT) soil borings and six percolation tests with six pavement cores following the provided PSI drilling program. The table below summarizes our exploratory boring program. TABLE 3: SUMMARY OF BORINGS Design Element Number of Boring Depth Drilling Footage Borings/Testing (ft) (feet) Pump Station 2 30 30 Pavement Cores (at each street) 6 TOTAL (borings/tests): 8 60 Additionally, and as requested by the owner and project team, PSI offers the following additional and optional fieldwork services to be independently authorized from the base scope of services outlined above: TABLE 4B: SUMMARY OF OPTIONAL DRAINAGE WELL SUPPORT BORINGS Design Element Number of Boring Depth Drilling Footage Borings/Testing (ft) (feet) Drainage Well Test (Adjacent to Pump Station) 1 60 60 Percolation Tests (two at 10' and two at 15') in Pump Station Borings 6 OPTIONAL TOTAL (borings/tests): 7 60 The borings' locations will be identified in the field using available natural landmarks or GPS coordinates. Surveying of the boring locations to obtain surface coordinates and elevations is beyond the scope of work. References to depths of various subsurface strata will be based on depths below existing grade at the time of drilling. See below for a list of field activities and a table of our field exploration description. • Permitting and MOT are not included within in our scope of services. • During the field activities, the subsurface conditions will be observed, logged, and visually classified. Field notes will be maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions. • Final depths of the borings may be extended (because of weak/soft soils) or reduced (because of refusal) depending on the subsurface materials identified during field activities. • PSI will contact Local Utility Clearance Entity, i.e., Sunshine 811 prior to the start of drilling activities. It is our experience that these companies do not mark the locations of privately -owned utilities. This proposal is based on private utility lines and other subsurface appurtenances are located in the field by others prior to field activities. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL PSI Proposal No. 0397-042724R1 June 14, 2024 Page 4 of 12 • PSI will exercise reasonable caution to avoid damage to underground utilities by contacting local utility companies prior to the field activities. However, private utility locations are often unknown by public utility companies and by the utility owners. Therefore, PSI will not be responsible for damage to the site or any buried utilities that are not made known to us. • Some damage to the ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. The field crew will attempt to limit such damage, but no restoration other than backfilling and grouting the borings is included in this proposal. Excess auger cuttings and drilling spoils would be spread on the site. TABLE 4: ANTICIPATED FIELD EXPLORATION DESCRIPTION Drilling Equipment Truck -mounted drilling equipment Drilling Method Mud rotary Field Testing Standard Penetration Test - SPT (ASTM D1586) Sampling Procedure Soils: ASTM D1587/1586 Sampling Frequency Continuously (two -foot intervals) to a depth of 10 feet, and at five-foot intervals thereafter Frequency of Groundwater Level Measurements During drilling & during groundwater sampling (optional) Boring Backfill Procedures Soil cuttings and grouting Sample Preservation and Transportation Procedure General accordance with ASTM D4220 The field exploration program will be performed in general accordance with the designated ASTM procedures considering local and regional standard of care practices. Laboratory Testing Representative soil samples obtained during the field exploration program (SPT slit spoon samples) will be transported to the PSI laboratory for testing, likewise, testing related to the optional services disclosed herein will be perform on groundwater samples obtained from the temporary injection test well if applicable. The nature and extent of this laboratory testing program will be dependent upon the subsurface conditions identified during the field exploration program. The laboratory program will be performed in general accordance with the applicable standardized testing procedures considering local and regional standard of care practices. The laboratory program may include the following tests. TABLE 5: LABORATORY TESTING GENERAL PROCEDURES Laboratory Test Visual Classification INEW Applicable Test Standards ASTM D2488 Organic Content ASTM D2944 Moisture Content ASTM D2216 Material Finer than No. 200 Sieve ASTM D1140 Optional — Total Dissolved Solids SM 2540C Optional — Chloride Content EPA 300.0 Optional — Salinity By Conductivity Meter or EPA 200.7 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL PSI Proposal No. 0397-042724R1 June 14, 2024 Page 5 of 12 Portions of any samples that are not altered or consumed by laboratory testing will be retained for 30 days after the issuance of the geotechnical report and will then be discarded. Engineering Analyses and Report The results of the field exploration and representative laboratory testing will be used in the engineering analysis and in the formulation of the recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a written geotechnical report. The geotechnical report may include the following items: • General soil profile description and ground water table location. • General site development and subgrade preparation recommendations. • Recommendations for site excavation, fill compaction, and the use of on -site and imported fill material under the structures. • Provide hydraulic conductivity rates at 10 and 15 feet, pending optional approval. • Results of limited environmental groundwater sampling test results pending optional approval • A statement to be used for the Reasonable Assurance Report (RAR), pending optional approval • Provide flexible pavement recommendations. A pdf version of the geotechnical report will be prepared and submitted by email to BCC Engineering and design team. If requested by BCC Engineering, additional hard copies can be provided. The geotechnical report will be reviewed, signed, and sealed by a registered Professional Engineer in the State of Florida. SCHEDULE Based on the site accessibility, drilling can commence within approximately one week after receipt of authorization to proceed, weather permitting. The final report will be provided within three weeks of written authorization. If desired, preliminary geotechnical design information can be provided to the design team once the laboratory testing and basic engineering analyses are complete. If required, the optional scope and reporting items discussed herein will require extension of the above reference work and deliverable timelines with turnaround times dependent upon the workload and turnaround times of specialty environmental testing to be conducted in analytical labs. Should the proposed OPTIONAL services discussed herein be required we anticipate delivery within six weeks of receiving authorization to proceed. Delays sometime occur due to adverse weather, utility clearance requirements, site clearing requirements for drill rig access, obtaining Right of Entries and other factors outside of PSI's control. In this event, PSI will communicate the nature of the delay and provide a revised schedule as soon as possible. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL P51 Proposal No. 0397-042724R1 June 14, 2024 Page 6 of 12 FEE PSI proposes that the fee for performance of the base scope of services be charged on a unit rate basis in accordance with the existing unit rates established in the E20-WASD-02B contract applicable for this project. Based on the existing established unit rates and the scope of services proposed herein, we estimate the total "base" geotechnical fee for the project will be $5,554.66 with the estimated fee for the "OPTIONAL" services discussed herein estimated to be $17,045.22. On this basis, we estimate a total project budget of $22,599.88 in the event both the base and optional services are desired for this project. Permitting and MOT are not included in our scope and if needed, is to be provided by others. Cost estimate breakdowns of the base and optional service fees for the project are provided in the tables which follow. TABLE 6: COST BREAKDOWN (BASE SCOPE AND FEE) FEE BREAKDOWN - BASE SCOPE Melrose Flood Improvements Miami, Florida ITEM I. FIELD EXPLORATION 1.A Mobilization of Truck -Mounted Drill Rig 1.B SPT Penetration Depth 0' to 50' 1.1 Closing Holes with Grout / Approved Method(s) to Safe proof Site 4.H Pavement Core (Including Patching) FIELD EXPLORATION TOTAL II. LABORATORY TESTING 3.G Moisture Content 3.H Organic Content 3.0 Material Finer than 200Sieve 3.0 Grain Size per (Sieve Analysis Only) LABORATORY TESTING TOTAL III. ENGINEERING SERVICES 23.A Senior Technical Engineer Scientist 23.B Senior Project Manager 23.0 Non Registered Technical Staff 23.G Special Engineering Technician ENGINEERING SERVICES TOTAL ' MULTIPLIE CAPPED HOURLY RATE UNIT pni 1•101 N/A N/A Each 1 $ 401.27 $ 401.27 N/A N/A LF 30 $ 22.93 $ 687.90 N/A N/A LF 30 $ 9.17 $ 275.10 N/A N/A LF 6 $ 68.79 $ 412.74 $ 1,777.01, N/A N/A Each 2 $ 43.57 $ 87.14 N/A N/A Each 2 $ 57.32 $ 114.64 N/A N/A Each 2 $ 51.59 $ 103.18 N/A N/A Each 2 $ 73.37 $ 146.74 $ 451.70 2.85 75.00 Per Hour 2 $ 213.75 $ 427.50 2.85 65.00 Per Hour 8 $ 185.25 $ 1,482.00 2.85 53.00 Per Hour 4 $ 151.05 $ 604.20 2.85 28.50 Per Hour 10 $ 81.23 $ 812.25 $ 3,325.95 TOTAL FIELD EXPLORATION, LABORATORY TESTING, AND ENGINEERING SERVICES $ 5,554.66 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL P51 Proposal No. 0397-042724R1 June 14, 2024 Page 7 of 12 TABLE 6A: COST BREAKDOWN (OPTIONAL SCOPE AND FEE) FEE BREAKDOWN OPTIONAL SERVICES Melrose Flood Improvements Miami, Florida CAPPED ITEM ITEM LTIPLIE HRATEY UNIT 'unit NIT TOTAL •In I. FIELD EXPLORATION II IP ... LA Mobilization of Truck -Mounted Drill Rig N/A N/A Each 1 $ 401.27 F$ 401.27 1.B SPT Penetration Depth 0' to 50' N/A N/A LF 50 $ 22.93 F$ 1,146.50 1.B SPT Penetration Depth 51'to 75' N/A N/A LF 10 $ 27.52 F$ 275.20 LE 6-Inch Diameter Casing0'-50' N/A N/A LF 50 $ 13.23 F$ 661.50 LE 6-Inch Diameter Casing 51'-75' N/A N/A LF 10 $ 15.43 F$ 154.30 1.1 Closing Holes with Grout/ Approved Method(s) to Safe proof Site N/A N/A LF 60 $ 9.17 $ 550.20 23.0 Non Registered Technical Staff (Well Boring Oversite) N/A N/A Per Hour 10 $ 151.05 $ 1,510.50 1.H Percolation Test Open Hole Method (Base Scope Borings) N/A N/A LF 4 $ 552.96 r$ 2,211.84 FIELD EXPLORATION TOTAL $ 6,911.31 II. LABORATORY TESTING 3.G Moisture Content N/A N/A Each 4 $ 43.57 r$ 174.28 3.H Organic Content N/A N/A Each 4 $ 57.32 '$ 229.28 3.0 Material Finer than 200Sieve N/A N/A Each 4 $ 51.59 r$ 206.36 3.0 Grain Size per (Sieve Analysis Only) N/A N/A Each 2 $ 73.37 '$ 146.74 (Budget for environmental laboratory testing (salinity, TDS, chloride 20A.11 testing) N/A N/A Each 1 $ 6,000.00 $ 6,000.00 r$ 6,756.66 LABORATORY TESTING TOTAL III. ENGINEERING SERVICES 23.A Senior Technical Engineer Scientist 23.B Senior Project Manager 23.0 Non Registered Technical Staff 23.G Special Engineering Technician 2.85 2.85 2.85 2.85 75.00 65.00 53.00 28.50 Per Hour Per Hour Per Hour Per Hour 3 $ 213.75 $ 641.25 8 $ 185.25 $ 1,482.00 4 $ 151.05 $ 604.20 8 $ 81.23 $ 649.80 ENGINEERING SERVICES TOTAL $ 3,377.25 TOTAL FIELD EXPLORATION, LABORATORY TESTING, AND ENGINEERING SERVICES $ 17,045.22. Depending on the size of the project and project schedule, partial billing may be performed monthly based on Project Item progress to date prior to the completion of the final report. The estimated fee is based on the boring locations being accessible to truck mounted drilling equipment and BCC Engineering obtaining and providing permission for PSI to enter and access the site. It should be noted that fees associated with locating private underground utilities, reviewing construction drawings, executing traffic control services, preparing construction specifications, attending special conferences, providing environmental consulting, and any other work/service requested after submittal of the report is not included in the proposed fee. AUTHORIZATION PSI will proceed with the geotechnical service based on written authorization. The service will be performed pursuant to the attached General Conditions, enclosed and incorporated into this proposal. Please sign the authorization sheet and return one copy of this proposal. When returning the proposal, please also complete the attached Project Data Sheet, and provide a scaled -current site plan so that PSI may best serve the project. By executing this authorization, permission is being provided for PSI to access the project site. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL P51 Proposal No. 0397-042724R1 June 14, 2024 Page 8 of 12 CLOSING We at PSI appreciate the opportunity to offer professional services for this project and look forward to being part of the design team. If there are any questions, please feel free to contact us at your convenience. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Lucrece E. Regisme Staff Engineer — Geotechnical Services lucrece.regisme@intertek.com Courtland Alvies, P.E. Geotechnical Services Manager Courtland.alvies@intertek.com Jose N. Gomez, P.E., BC.GE Chief Engineer — Geotechnical Services jose.n.gomez@intertek.com Attachments: Additional Insured — Certificate of Liability Insurance Proposal Authorization and Payment Instructions Project Data Sheet General Conditions LER/JNG/ler/CLA/JNG/cla Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL P51 Proposal No. 0397-042724R1 June 14, 2024 Page 9 of 12 Proposal Authorization & Payment Instructions Authorization To execute this proposal, please sign and complete the authorization information below, along with applicable payment instructions, and return one copy of the authorized proposal to the PSI office. Authorized By (please print) Signature Title Firm Address City State Zip Code Telephone Email Address Date Purchase Order No. / Project Tracking No. (if applicable) Payment Instructions If invoice payment is to be made by a party other than the authorizing party above, please provide the following information for whom the invoices are to be billed: Firm Attention Address Title City State Zip Code Telephone Authorizing Party's Relationship to Invoice Payment Party If invoices are to be approved other than by the payment party above, please provide the following information for whom the invoices are to be mailed for approval: Firm Attention Address Title City State Zip Code Telephone Authorizing Party's Relationship to Invoice Approval Party Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Melrose Flood Improvements, Miami, FL P51 Proposal No. 0397-042724R1 June 14, 2024 Page 10 of 12 Project Data Sheet Please complete the following Project Data Sheet so that PSI may best serve your project. Project Name Architect Project Manager Phone Number Structural Engineer Project Manager Phone Number Civil Engineer Project Manager Phone Number Construction Type Plan Area Number of Floors Interior Column Spacing Exterior Column Spacing Exterior Column Load Live Dead Interior Column Load Live Dead Floor Slab Load Slab -on -Grade Basement/Depth Will Elevation of site be raised by filling How much? Septic Tank Storm Water Drainage Pavement Type Traffic Load Traffic Type Other pertinent Information/Subsurface Information Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. ("PSI") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the specific service to be performed by PSI as set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. 3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of this proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the Davis Bacon Act. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, non -prevailing wage rates. Should it later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. Client will reimburse, defend, indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorney's fees. 4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable by Client. 5. ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. 6. CLIENT'S DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do work, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client. 7. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. 8. SAMPLE DISPOSAL: Test specimens will be disposed immediately upon completion of the test. All drilling samples will be disposed sixty (60) days after submission of PSI's report. 9. PAYMENT: The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additional work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where required, that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time. B-900-11 (14) Page 11 of 12 9/17 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 GENERAL CONDITIONS 10. ALLOCATION OF RISK: CLIENT AGREES THAT PSI'S SERVICES WILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRECT OR ASSERT ANY CLAIM, DEMAND, OR SUIT ONLY AGAINST PSI. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSI'S LIABILITY TO $250,000.00 OR THE AMOUNT OF PSI'S FEE PAID TO PSI FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT) OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS (EVEN WHEN ADVISED OF THEIR POSSIBILITY). NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATEDTO PSI'S WORK, MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER, REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM. 11. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit. 12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses. 13. EMPLOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement, Client agrees not to solicit, recruit, or hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual, Client agrees that it shall seek the written consent of PSI, and shall pay PSI an amount equal to one-half of the employee's annualized salary, without PSI waiving other remedies it may have. 14. FIDUCIARY: PSI is not a financial advisor, does not provide financial advice or analysis of any kind, and nothing in our reports can create a fiduciary relationship between P51 and any other party. 15. RECORDING: Photographs or video recordings of the Client's own project may be taken by and used for the Client's own internal purposes. Photographs or video recordings may not be used for marketing or publicity, or distributed to a third party or otherwise published without PSI's prior review and consent in writing. Taking photographs of other Clients' samples, test setups, or facilities, or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited; and the Client agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend, hold harmless, and indemnify PSI for any breach of this clause. 16. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in Cook County, Illinois, or the Federal Court for the Northern District of Illinois. 17. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 18. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. B-900-11 (14) Page 12 of 12 9/17 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit E - Curtis + Rogers Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CURTIS ROGER S DESIGN STUDIO I N C. Landscape Architecture 7 5 2 0 S. R E D ROAD S UITE M SOUTH MI AMI FLORIDA 3 3 1 4 3 TELEPHONE 305-442-177 4 FACSIMILE 305-445-9488 L L C. LC 000241 www.curtisrogers.co April 25, 2024 Rev. July 3, 2024 CONSULTANT WORK ORDER PROPOSAL Curtis + Rogers Design Studio (C+R), as sub consultants to BCC Enginering, proposes to provide landscape architectural services for the scope identified below for the Melrose Flood Improvement project. I. GENERAL It is our understanding that the City of Miami, desires to improve the flooding in the Melrose Neighborhood as illustrated below: II. SCOPE OF WORK CR scope of work for the above project - would include the following: 1. Site review and evaluation of area, and existing trees that may be impacted by construction. We assume we will receive a full tree survey locating the trees on project area, numbering and with height, spread and DBH. 2. Arborist inspection and preparation of a report of trees within the site area. Said report shall evaluate the condition of the trees and calculate the area for the critical root zones for all trees within the construction limits and the percentage of said root zones that shall be impacted by construction, as required by The City of Miami Environmental Resources Department. 3. 90% Submittal: A. Prepare 60% Disposition plans, showing trees to be removed, relocated, and remain. Only trees within the project area described above will be documented. B. Prepare 60% Tree Replacement/ Landscape Plans showing the new construction with new locations of trees relocated and/or proposed mitigation trees & shrubs around pump station area. C. Prepare 60% Tree Protection, Planting and Maintenance Plan — illustrating protection and necessary methodology for planting and maintenance to ensure survival. 4. 100% Submittal : C+R would further the Tree Disposition plans to include specifications for relocation of any trees. C+R will advance Landscape Plan for the proposed layout with tree species called out and shrub beds shown with probable plants selected. Tree Maintenance and Protection Plan will be advanced to include Tree protection details and notes. An estimate of probable cost will be provided with the drawings. CIP Form 116 Revised 7/22/11 m Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 C+R will provide final construction documents for Tree Disposition, Landscape Plan and Tree Protection and Maintenance Plan, incorporating all comments and in accordance to the requirements established above. 5. Permitting: Curtis + Rogers will attend, a maximum of 3 meetings with the Environmental Resources Department and/or other City Departments as may be required to secure permits. III. COMPENSATION Consultant shall perform the Work Detailed in this proposal for a total fee of thirteen thousand, four hundred and thirty dollars.. The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. SUMMARY OF COMPENSATION* Task, Subtask Major Task Name and /or Activity Description Fee Amount Fee Basis 1. Site Analysis $1,006.00 Lump Sum 2. Arborist Report $2,960.00 Lump Sum 3. 60% Submittal $5,030.00 Lump Sum 4. 100% Submittal $3,190.00 Lump Sum 5. Permitting $ 1,244.00 Lump Sum Subtotal Professional Fees: $ 13,430.00 TOTAL $ 13,430.00 *Compensation should match the Task, Activities, and/or Deliverables identified. IV. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. This proposal does not include arborist services. V. DATA PROVIDED BY CITY The following information or documents are to be provided from the City: Complete Tree Survey of Area & full Arborist Report VI. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be: Aida M. Curtis, ASLA Submitted by: Aida Curtis. President Curtis + Rogers Design Studio, Inc. Reviewed and approval in concept Recommended by: CIP Form 116 Revised 7/22/11 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project: Melrose Flood Improvements Project No.: B- Description: Melrose Flood Improvements Arborist and Landscape Services STAFF CLASSIFICATION Consultant Name: Curtis + Rogers Design Studio Inc. Contract No.: Date: 7/3/2024 Estimator: Aida Curtis Job Classification Staff Applicable Rate Principal Aida Curtis Rate: $86.54 Lands Arch Olivia Bussey Rate: $36.06 Land Design Camilo Olano Rate: $29.08 Arborist Robert Curtis Rate: $55.29 Rate: Rate: Rate: Staff Hours By Activity Salary Cost By Activity Average Rate Per Task Work Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity Man hours Cost/ Activity 1 Site Analysis & Contextual Review 1 $87 4 $144 4 $116 9 $347 $38.57 2 Arborist Field Review 6 $332 6 $332 $55.29 3 Arborist Report 2 $173 2 $72 8 $442 12 $688 $57.29 4 5 Preparation of 90% Plans 6 Tree Disposition Plan 1 $87 4 $144 8 $233 13 $463 $35.65 7 Tree Replacement & Planting Plan 1 $87 4 $144 12 $349 17 $580 $34.10 8 Tree Protection & Maintenance Plan 1 $87 4 $144 8 $233 13 $463 $35.65 9 QA/QC & Respond to City comments 1 $87 4 $144 5 $231 $46.16 10 11 Preparation of 100% Plans 1 $87 4 $144 12 $349 17 $580 $34.10 12 QA/QC & Respond to City comments 1 $87 4 $144 5 $231 $46.16 13 14 Coordination 1 $87 4 $144 2 $58 7 $289 $41.28 15 16 Permitting- Coordination with Environmental Resources 2 $173 4 $144 2 8 $428 $53.49 17 18 19 20 21 22 23 24 25 26 27 Total Staff Hours 12 38 46 16 112 Total Staff Cost $1,038.48 $1,370.28 $1,337.68 $884.64 $4,631.08 $41.35 Total % of Work by Position 10.7% 33.9% 41.1 % ESTIMATE OF SURVEY CREW COSTS 3 - man Survey Crew: crew days at 4 - man Survey Crew: crew days at / day = $ - / day = $ - Notes: 1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee. 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden 3. The basis for work activity descriptions shall be the FICE/FDOT Standard Scope and Staff Hour Estimation Handbook. City of Miami, C.I.P. Form 117: Revised 9/15/08 14.3% 1 - SUBTOTAL ESTIMATED FEE: Subconsultant: Subconsultant: Sub 2 Subconsultant: Sub 3 Subconsultant: Sub 4 Subconsultant: Sub 5 2 - SUBTOTAL ESTIMATED FEE: Geotechnical Field and Lab Testing: Survey Fee (or Survey Crew Fee): Other Misc. Fee: 3 - SUBTOTAL ESTIMATED FEE: Additional Services (Allowance) Reimbursables (Allowance) GRAND TOTAL ESTIMATED FEE: (multiplier 2.9) $13,430.13 $13,430.13 $13,430.13 $13,430.13 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit F - SEC Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 SEC Smith Engineering Consultants,Inc. May 7, 2024 Mr. Carlos Morales BCC Engineering, LLC 6401 SW 87th Avenue, Suite 200 Miami, FL 33173 Re: City of Miami, Melrose Stormwater Pump Station Electrical Engineering Services Proposal Dear Carlos: Smith Engineering Consultants, Inc. (SEC) is pleased to provide this proposal for the above referenced project. We propose to provide the following scope of services: 1. Initial site visit and review of preliminary project documents. 2. Request/coordinate electrical service to the site with FPL. 3. Electrical design, including power, control, instrumentation, and SCADA/telemetry for the installation of a new stormwater pump station electrical system. This electrical system will include, but not be limited to, the electrical service, pump control panel and level controls, RTU, conduits and wiring. The electrical design will be in accordance with the Florida Building Code, the National Electrical Code, and applicable local codes. 4. Submit 60%, 90% and 100% plans, specifications, and cost estimate. 5. Attend up to two (2) web -based review meetings with the project team and the City. SEC will prepare contract documents, suitable for bidding, permit, and construction. We will respond to questions during the bid process and assist in preparing addendums. We propose to furnish drawings in AutoCAD format using base plan drawings provided by BCC Engineering. Our lump sum fee to provide the services described above is $34,870 (see attached man-hour estimate). Thank you for using Smith Engineering Consultants as the source for these engineering services. We look forward to working with you on this project. Sincerely arry M. Smith, P. E. President 2161 Palm Beach Lakes Blvd., Suite 312 West Palm Beach, FL 33409 (561) 616-3911 Fax (561) 616-3912 City of Miami- Melrose Stormwater Pump Station Task Principal Engineer Assistant Engineer CADD Designer Clerical Hourly Rate $205 $175 $135 $95 $70 1. Initial Site Visit and Review of Preliminary Plans and Reports 2 8 4 0 0 Sub -Totals $410 $1,400 $540 $0 $0 2. FPL Coordination 0 8 4 0 0 Sub -Totals $0 $1,400 $540 $0 $0 3. Electrical Design 8 40 32 60 4 Sub -Totals $1,640 $7,000 $4,320 $5,700 $280 4.1 Prepare 60% Submittal 1 8 8 8 1 Sub -Totals $205 $1,400 $1,080 $760 $70 4.2 Prepare 90% Submittal 1 8 8 8 1 Sub -Totals $205 $1,400 $1,080 $760 $70 4.3 Prepare 100% Submittal 1 4 4 4 1 Sub -Totals $205 $700 $540 $380 $70 5. Attend Two (2) Web Meetings 0 4 0 0 0 Sub -Totals $0 $700 $0 $0 $0 Respond to Questions during Bidding, Prepare Addendums 1 4 4 6 0 Sub -Totals $205 $700 $540 $570 $0 Tntml = $2,350 $1.940 $18.940 $3.515 $3.515 $1,895 $700 $2,015 $34,870 638 68£8bZ8Z 6-Z636-48Zb-6Laa-vSLS83oo :al adoIanu3 u6isnoo0 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit G - CMA Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 3150 SW 38th Ave, Suite 950 Miami, FL, 33146 Office: +1 (786) 497-1500 chen moore and associates May 10, 2024 SENT VIA E-MAIL (carlos.morales@bcceng.com) Re: Melrose Flood Improvements — Roadway Light Pole Relocation(s) Dear Mr. Morales: Chen Moore and Associates (CMA) are grateful for the opportunity to submit the attached Scope of Services Agreement to support the Melrose neighborhood light pole relocations with professional services for the Project. PROJECT INTRODUCTION The Project site is located along the Melrose Neighborhood near 3134 NW 21st Ave, Miami, Florida 33142. The project consists of developing electrical plans related to any light pole relocations required by the flood improvements. Relocated poles shall be photometrically analyzed for compliance, at the new pole location(s), based on the latest roadway lighting standards. CMA shall provide electrical engineering design, and construction administration services for the development of the project. The scope detailed below will include preparing plans for review and approval; development of electrical drawings; bid assistance; and construction administration services. This Scope of Services is prepared based on conversations with Carlos Morales in May 2024, based on conversations with the City prior to this. chenmoore.com Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 3150 SW 38th Ave, Suite 950 Miami, FL, 33146 Office: +1 (786) 497-1500 chen moore and associates SCOPE OF SERVICES The scope of services our firm shall provide as per our recent discussions is as follows: 1. Field Investigation: • Verify existing service point/load center locations. Verify Overhead vs Underground service for relocated light poles. • Check sidewalk ADA clearance and roadway offset at proposed relocation sites. 2. Photometric Analysis: • Perform photometric analysis for up to 4 unsignalized intersections and up to 4 roadway segments near the relocated poles — if poles are relocated more than 5 feet. 3. Electrical Design: • Detail pole, conduit, conductor, and pull box locations to support the relocation of existing light pole infrastructure. • Up to 6 light pole relocations. • Provide conduit trench details, pull box details, and pole reinstallation details. 4. Coordination with FPL: • Coordinate with Florida Power & Light (FPL) for the pole relocations and service re - initiation post -construction. 5. Bid Assistance / RFI / Review QAQC: • Provide Bid Assistance, respond to RFI's, respond to review comments & QAQC. 6. Permit Assistance: • Fill out permit forms and provide general permit assistance. The basis for the above scope of services and associated fee(s) are based on the following: • Digital file in AutoCAD 2015 or more current format of the proposed site plan. • All service points / load centers to remain as -is. • FPL will provide Voltage Drop calculations, if required, for the overhead fed lighting. • It is assumed Flood Improvements will aim to not impact FPL Utility Distribution Poles. • It is assumed any impacted light poles will be relocated. • It is assumed all existing Roadway lighting in the project area has been upgraded to the new lighting requirements. Information to be provided by client • Digital file in AutoCAD 2015 or more current format of the proposed site plan. • Filing and permit application fees, review fees, impact fees or any other associated assessments by other governments/agencies. • Any available information for current site electrical and lighting including a copy of the current contract, scope of work documents, etc. Includes any documentation related to the recent Melrose roadway lighting upgrade that demonstrates compliance with new lighting requirements. • Previous reports and assessment. • The latest lighting requirements for the roadway, sidewalks, and unsignalized intersections. chenmoore.com Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 3150 SW 38th Ave, Suite 950 Miami, FL, 33146 Office: +1 (786) 497-1500 chen moore and associates SCHEDULE AND FEES Consultant shall schedule work upon receipt of signed approval for this project as required and coordinate to work within the Client's schedule. The total lump sum fee for this project will be divided as follows: Tasks Task Description Lump Sum Hourly Fees Total Fees Fees LIGHTING & ELECTRICAL Task 1 Melrose — Field Investigation $820.00 $0.00 $820.00 Task 2 Melrose — Photometric Analysis $5,600.00 $0.00 $5,600.00 Task 3 Melrose — Electrical Design $8,948.00 $0.00 $8,888.00 Task 4 Melrose — Coordination with FPL $1,680.00 $0.00 $1,680.00 Task 5 Melrose — Bid Assistance / RFIs / Review $2,800.00 $0.00 $2,864.00 Task 6 Melrose — Permit Assistance $3,920.00 $0.00 $3,936.00 PROJECT TOTAL $23,788.00 $0.00 $23,788.00 Reimbursable expenses are included in the lump sum fee. Should you have any questions, please do not hesitate to contact me on my cell at(954) 325-1626, or send me an email at dbadore@chenmoore.com. Respectfully submitted, Darren Badore Senior Project Manager Cc: Daniel Diez, P.E. 1 chenmoore.com Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Task Principal Engineer Project Engineer Drafter $200 $140 $104 Totals Design Task 1 Field Visit 2 3 $820 Task 2 AG132 (Up to 4 Unsignalized Intersections + 4 Roadway Seg) 40 $5,600 Task 3 Design Drawing Details (Up to 1 Detail Sheet) 3 12 12 $3,528 Task 3 Plan Sheet Design & Development (Up to 4 Plan Sheets) 16 30 $5,360 Task 4 Design Electrical Coordination w/ Utility 12 $1,680 Post Design Task 5 Bidding Assistance/review bids 4 8 1 $2,024 Task 5 RFIs 6 $840 Task 6 Permit Assistance 4 12 14 $3,936 Grand Total Fee $23,788 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) July 16, 2024 engineering Exhibit H - Quest Proposal 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 UEST Public Engagement Support City of Miami — Melrose Flood Improvements Phase 1 #21-22-018 — Capital Improvements Program Support Services Quest Corporation of America Inc. (Quest) welcomes the opportunity to support BCC Engineering and the City of Miami with public engagement services for design of the Melrose Flood Improvements Phase 1 project. The following outlines Quest's proposed Scope of Services of Fee. The scope assumes one public meeting for this project. Task 1 — Development of Public Engagement Materials Quest shall work with the project team and the City of Miami to develop the following documents in support of the project and to notify residents of the community meeting: • Project information flyers (one kickoff flyer and one public meeting flyer) (2 x 16 hours) • Project poster (8 hours) • Social media posts (3 hours x 4 posts) • Media release to be sent by the City of Miami (2.5 hours) • Notification letters to elected officials and government partners to be sent by the City of Miami (5.5 hours) All materials will be provided in English and Spanish. Hours include graphic design and translation services. 60 Hours Task 1.2 -- Notifications Quest will print and distribute the project information kickoff flyers to all property owners, tenants and businesses within the project corridor using a mailing list provided by the City of Miami and/or project team. (8 hours) The kickoff flyer will invite interested individuals to sign up for email updates throughout the project. Quest will also print and distribute the public meeting flyer 21 days in advance of the public meeting. (8 hours) Quest will create the email database and create up to 4 email updates throughout the project. (3 hours x 4 emails). 28 Hours Task 2 — Community/Small Group Engagement Quest will identify affected community groups such as homeowner associations, business associations, etc, who will have an interest in the project. Quest will coordinate up to 4 meetings with identified groups. Quest will also conduct additional outreach such as coordinating with editors of community newsletters to share information about the project and working with the groups to share social media posts. Hours include 8 hours for research and coordination, 4 hours per meeting to include preparation and follow-up, and 12 hours of additional outreach throughout the project. 36 Hours Task 3 — Website Material Quest will work with City staff to provide initial project information such as maps and project descriptions, as well as updates throughout the project. Hours assume majority of materials covered by hours in other tasks. 6 Hours Total Hours =130 Not -To -Exceed = $16,900.00 866.662.6273 I Corporate o ©CAusa.com I QCAusa.com I Certified DBE / MBE / SBE / WBE Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 QUEST Classification / Staff / Hours per staff / Rate / Total per staff PIO: Pauline Gassant 88 Hrs. X $130 per Hour = $11,440.00 Creative: Sophia Tingle or Chip Boeckh 20 Hrs. X $130 per Hour = $2,600 Translations: Maria Camacho and Terry Cure 16 Hrs. X $130 per Hour - $2,080.00 IT: Josh Peirce 6 Hrs. X $130 per Hour = $780.00 B66.662_6273 I Corporate s QCAusa.com I QCAusa.com I Certified DBE / MBE / SBE / WBE Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 (ituF tami CONSULTANT WORK ORDER PROPOSAL Date: July 16, 2024 Dear Mr. Hansen: BCC Engineering LLC proposes to provide the services identified below for the project entitled "Melrose Water Main Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St" , 40-B233816 ", pursuant to its Professional Service Agreement with the City of Miami for Civil Engineering services, dated April 16, 2024. I. GENERAL BCC Engineering, LLC ("BCC") is pleased to provide the services identified below as part of the RFP for the City of Miami titled "Melrose Flood Improvements," in conjunction with the Miami -Dade Water and Sewer Department, for the installation of approximately 5,645 LF of proposed 12-inch DIP Water Main. The scope also includes the installation of fire hydrants according to City of Miami Fire Department requirements, new water services, and reconnections of the existing water mains within the project area and to existing water mains in the limits of the project area. The scope of services proposed under this scope of work includes design, permitting, preparation of construction documents, limited procurement support, and limited construction support services. Our scope of services, exclusions/assumptions, fees, and billing are as follows. II. SCOPE OF WORK The scope of work for potable water main system betterment is as follows: 1. Connect the proposed 12" Water Main to an existing one at the Intersection of NW 23rd Ave and NW 34th ST. Extend the proposed 12" Water Main to the East and Interconnect it with the existing Water Mains at the intersection of NW 22nd Ave and NW 34th ST. The existing undersized 2-inch DI Water Main running along NW 34th ST between NW 23rd Ave and NW 22nd Ave will be removed during construction as per COM requirements. 2. Extend the proposed 12" Water Main to the South along NW 22nd Ave from NW 34th ST to NVV 32nd and interconnect it with the exiting Water Mains at that intersection. 3. Extend the proposed 12" Water Main to the East and Interconnect it with the existing Water Mains at the intersection of NW 32nd ST and NW 19th Ave. The existing 4-inch and 8-inch CI Water Mains running along NW 32nd ST between NW 22nd Ave and NW 19th Ave will be removed during construction as per COM requirements due to their past useful lifetime. 4. Connect the proposed 12" Water Main to the existing ones at the Intersection of NW 21st Ave and NW 33rd ST. Extend the proposed 12" Water Main to the East and Interconnect it with the existing Water Mains at the intersection of NW 19th Ave and NVV 33rd ST. The existing undersized 2-inch CI Water Main running along NW 33rd ST between NW 21st Ave and NW 19th Ave will be removed during construction as per COM requirements. 5. Extend the proposed 12" Water Main to the South along NW 19th Ave from NW 33rd ST to NVV 31 st and interconnect it with the existing Water Mains at that intersection. If a loop is required by WASD, the contractor will interconnect the proposed 12" Water Mains at the intersection of NVV 19th Ave and NW 32nd ST. The existing 8-inch CI Water Main running along NW 19th Ave between NW 33rd ST and NW 31st ST will be removed during construction as per COM requirements due to their past useful lifetime. 6. Extend the proposed 12" Water Main to the West along NW 31st ST from NW 19th Ave to NVV 21st Ave and interconnect it with the existing Water Mains at that intersection. The existing Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 undersized 4-inch CI Water Main running along NW 31 st ST between NW 19th Ave and NW 21 st Ave will be removed during construction as per COM requirements due to their past useful lifetime. 7. Extend the proposed 12" Water Main to the North along NW 21st Ave from NW 31st ST to NW 33rd ST and interconnect it with the existing Water Mains at that intersection. If a loop is required by MD-WASD, the contractor will interconnect the proposed 12" Water Mains at the intersections of NW 21st Ave and NW 32nd ST and NW 33rd ST. The existing undersized 2-inch CI Water Main and the 8-inch Water Main running along NW 21st Ave between NW 31st ST and NW 33rd ST will be removed during construction as per COM requirements due to their past useful lifetime. 8. The existing water and irrigation services, fire lines, and fire hydrant assemblies currently connected to the existing Water Mains are to be transferred to the proposed 12-inch Water Main once installed and certified for use. If it is determined that an existing fire hydrant is damaged, not in compliance with current standards, or not working correctly, it will be replaced with a new one. If, after an evaluation of the current conditions, it is determined that the separation of the existing/proposed fire hydrant is not in compliance with the COM Fire Department, new fire hydrants will be installed. If, during construction, an existing asbestos pipe is found, special procedures will be performed to remove this section of the pipe. A. Task 1 — Meetings & Coordination As part of this task, BCC Civil staff will attend fourteen (14) monthly progress meetings to provide general project coordination and work planning. During these meetings, the status of all ongoing tasks and City reviews will be discussed. BCC will prepare and distribute meeting minutes for each progress meeting. Representation at recurring team meetings will be vested in the project manager, with the inclusion of team experts as deemed essential for specific disciplines. In addition, BCC will initiate the coordination, preparation, and attendance of meetings with Government Agencies, inclusive of project orientation meetings and consultations with City Planning, Zoning, Fire Marshall, Engineering, Utility representatives, State and County Agencies as required for the submission of final permits related to BCC's services. B. Task 2 — Data Collection & Utility Coordination As part of this task, BCC will perform a two-day field reconnaissance site visit to help familiarize key BCC team with the project limits, observe the existing drainage systems conditions, evaluate critical drainage locations, and verify the roadway conditions. BCC will prepare a field assessment report documenting the findings of the site visit. BCC will also collect available data from the City of Miami, and Miami -Dade County Water & Sewer Department. BCC will develop a data catalog of the information collected as part of this task. Review survey and utility information collected for the project. Research and evaluate As-Buit plans and GIS for location of any existing drainage features and the possibility of reusing any part of the existing drainage systems. Additionally connect existing drainage systems to the west of the project limits to the proposed drainage system. Utilities Coordination • Identify Existing Utility Agency Owner(s): Identify all utilities within and adjacent to the project limits that may be impacted by the project. • Make Utility Contacts: 1st Contact — Distribute contact letters and plans to each utility owner. 2nd Contact — transmit Final Contact plans and the utility conflict matrix to each utility owner having facilities located within the project limits. Send agreements, letters, the utility conflict information, and plans to the UAO(s) including all component sets. Include the design schedule. • Field Meetings: Perform field reviews with impacted UAOs. Review conflicts, changes to plans, identify clearing and grubbing work, and assist in the development of UWS. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 • Collect and Review Plans and Data from UAO(s): Review utility marked plans and data. Ensure information is accurately reflected in the plans. Forward all requests for utility reimbursement and supporting documentation to the client. • Utility Design Meeting: Schedule and conduct a Utility meeting with UAO(s). Keep accurate minutes of all meetings and distribute a copy to all attendees. • Review Utility Markups & Work Schedules and Processing of Schedules & Agreements: Review utility marked up plans and UWS. Coordinate with the client for execution. Distribute Executed Final Documents. Coordinate with the client the programming of necessary funds. • Utility Coordination/Follow-up: Follow-up activities, interpreting plans, and assisting the UAOs with completion of their UWS and agreements. Ensure the UAO(s) complete and return the required documents. Ensure the resolution of all known conflicts. Coordinate service pick-up point locations with FPL. • Utility Constructability Review: Review utility schedules against construction contract time, and phasing for compatibility. Develop Utility Conflict Matrix • Contract Plans to UAO(s): Transmit the contract plans as processed for letting to the UAO(s). • Certification/Close-Out: Transmit final utility files and prepare the Utility Certification Package. • Exceptions: Utility Coordination scope/fee does not include utility relocation design; development of project existing utility design file; utility survey; coordination of existing traffic signal, streetlighting, or stormwater infrastructure locations or relocations; coordination of existing utilities within private property; identification or subordination of utilities within easements; coordination of FPL account set-up for any required services; attendance at progress meetings, nor post-design/construction services. C. Task 3- Roadway Engineering Services As part of this task, BCC will provide Roadway engineering services to support the design project which will meet the requirements of the jurisdictional regulatory agencies. BCC will prepare Roadway plans that will include the following: Roadway Plans BCC will prepare Roadway Plans to support the design project, will include the following: • Develop Typical Section Package. Typical Section Package. One (1) typical section is anticipated. • Provide design for horizontal and vertical geometry. • Provide cross sections every 50'. • Prepare Level I MOT plans. Includes general notes, typical sections, and phasing notes. • Prepare necessary design variations. (Anticipating two (2) design variations for Clear Zone and Intersection Sight Distance). Deliverables: 1. Roadway Construction Documents (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) Set (iii) 60% CDs Progress (Permit) Set (iv) 100% Final Documents 2. Opinion of Probable Cost (60%/100%) 3. Specifications Exclusions: • Pavement Design Report not included. Pavement design will be based on City of Miami RPW Detail R-13: Flexible Pavement Design Detail. • Full MOT plans are not required, only general notes, typical sections, and phasing notes. Full MOT plans will be the responsibility of the contractor. D. Task 4.0 — Civil Engineering Design Services CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 As part of this task, BCC will provide Civil Engineering Design Services to support the water distribution design of the project. This Services will include but not limited to: Water Distribution Plans BCC will develop water distribution plans for the proposed project per Miami Dade WASD. It is expected that the current utility infrastructure is undersize and needs to upgrade to be able to meet future Water Demand. Deliverables: 1. Civil Construction Documents (i) 30% Preliminary Set (ii) 60% Construction Documents (CDs) Set (iii) 60% CDs Progress (Permit) Set (iv) 100% Final Documents 2. Opinion of Probable Cost (60%/100%) 3. Specifications Exclusions: • Sewer Distribution System. • Additional Streets not specified in the Scope of Work E. Task 5.0 — Permitting As part of this task, BCC staff will attend permit coordination meetings and prepare permit applications, including required attachments such as reports and signed and sealed drawings, to obtain permits from the following agencies: • City of Miami Public Works Department • Miami Dade County Water & Sewer Department • City of Miami Fire Department • Miami Dade County RER Domestic Water • Florida Department of Health. • Miami -Dade County Department of Transportation & Public Works (MDC DTPW) Payment of application and permit fees shall be the sole responsibility of the City. BCC staff will request checks from the city prior to the submittal of permit applications to cover any associated fees. F. Task 6.0 — Limited Procurement Support Services As part of the services, BCC will provide Limited Procurement Support Services for above - mentioned Services for the construction documents developed by BCC. • Attend one (1) pre -bid meeting. • Respond to questions and provide clarification related to the design plans up to two (2) RFIs. • Review tally sheet and provide recommendations for the award letter. G. Task 7.0 — Limited Post Design Services As part of the services, BCC will provide Limited Post design Services for above -mentioned Services for the construction documents developed by BCC. • BCC will attend one (1) pre -con meeting. • BCC will attend one (1) monthly Construction Meeting • BCC will review and approve up to 10 shop drawings or technical submittals required by the Contract Documents. The review includes up to one (1) re -submittal review for correction and revision by the Contractor per submittal package. The review will include a comparison of the Contractor's submitted documents to the requirements of the Contract Documents. In addition, any substantial deviation from the project requirements will be documented and returned to the Contractor and the CITY with instructions on how to proceed based on the severity and nature of the deficiencies encountered. Once the CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Contractor has substantially met the project requirements, BCC will approve the submittal package in writing and provide the results to the Contractor and the CITY. This task will not include the review and approval of material substitutions or evaluation of bid alternates, or value engineering. • BCC will answer and address the contractor's Requests for Information (RFI) which requires interpretation of the plans and specifications. For budgeting purposes, it is anticipated that two (2) RFIs will be addressed as part of this task. This task includes only those RFIs that are directly related to any original products specified by BCC for the construction of this project and excludes interpretation of any documents originally created by the CITY, the Contractor, or their sub -contractors and suppliers. BCC will prepare and maintain a submittal and RFI log, which will document and track the dates and results of all reviews. The log will be periodically updated and will be reviewed during the construction progress meetings. • For BCC to certify that the project is built to plans, specifications and all applicable codes, standards and building codes that are applicable, the CITY needs to provide a full-time inspector for the project. The CITY inspector is to provide BCC with daily construction reports for certification. If the CITY requires BCC to provide a full-time inspector, BCC will provide the CITY with an Additional Service Contract. • BCC will attend one (1) substantial completion walkthrough and one (1) Final Inspection walkthrough. • BCC will review and approve up to two (2) As-builts Submittals per permitted construction documents developed by BCC. • BCC shall not be responsible for the acts or omissions of Contractor, Subcontractors or Suppliers or of any other individual or entity performing or furnishing any portion of the construction, unless such acts or omissions are due to Engineer's work under this Agreement. BCC neither guarantees the performance of Contractor, Subcontractors or Suppliers nor assumes responsibility for their failure to furnish and perform their respective portions of the construction in accordance with the drawings and specifications. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise No Sub -Consultants CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below. SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative weeks, or calendar days) 1.0 Meetings & Coordination' Project Duration NTP + 400 days 2.0 Data Collection / Utility Coordionation Project Duration NTP + 400 days 3.0 Roadway Engineering Services 3.1 30% Roadway CDs 60 days NTP +120 days 3.2 60% Roadway CDs 90 days NTP +210 days 60% Roadway CDs - Progress (Permit) Set 45 days NTP +255 days 3.3 100% Roadway CDs 60 days NTP +310 days 4.0 Civil Engineering Services 4.1 30% Civil CDs 60 days NTP +120 days 4.2 60% Civil CDs 90 days NTP +210 days 60% Civil CDs- Progress (Permit) Set 45 days NTP +255 days 4.3 100% Civil CDs 60 days NTP +310 days 5.0 Permitting 90 days NTP +300 days 6.0 Limited Procurement Support Services 90 days NTP +400 days 7.0 Limited Post Design Services 365 days NTP +400 days * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sumfee of Five hundred seventy thousand eighteen dollars and fifty-five cents ($571,303.25) and a Total Hourly Rate, Not to Exceedfee of One hundred forty-three thousand four hundred ninety-four dollars and forty-six cents ($143,494.46) . The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $7,500.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. Exhibit `B' includes a detailed man-hour estimate for work outlined in the Scope of Work. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis 1.0 Meetings & Coordination $45,994.46 Hourly Rate, Not to Exceec 2.0 Data Collection / Utility Coordionation $46,601.61 Lump Sum 3.0 Roadway Engineering Services 3.1 30% Roadway CDs $32,470.02 Lump Sum 3 2 60% Roadway CDs $37,394.80 Lump Sum 60% Roadway CDs - Progress (Permit) Set 3.3 100% Roadway CDs $9,950.94 Lump Sum 4.0 Civil Engineering Services 4.1 30% Civil CDs $85,154.90 Lump Sum 4 2 60% Civil CDs $179,928.87 Lump Sum 60% Civil CDs - Progress (Permit) Set 4.3 100% Civil CDs $53,591.88 Lump Sum 5.0 Permitting $82,341.90 Lump Sum 6.0 Limited Procurement Support Services $42,583.60 Lump Sum 7.0 Limited Post Design Services $97,500.00 Hourly Rate, Not to Exceec Subtotal — Professional Fees $713, 513.01 Allowance for Reimbursable Expenses $7, 500.00 TOTAL $721,013.01 *Note: Compensation should match the Task, Activities, and/or Deliverables identified. CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: 1. Any traffic Engineering services 2. Any Sewer Systems betterments (i.e. Sewer Mains replacement, Sewer Connection between Existing and Proposed Sewer Mains, Consumer Line Relocation, etc.) 3. Any construction or environmental permitting services (i.e., building, wetlands, tree, marina, etc.) 4. Wind studies, vibration studies, site -specific seismic analysis, or testing. 5. Any services normally provided by an environmental engineer (e.g., Water quality modeling, Contamination, or environmental assessments, etc.) 6. Other services normally provided by an electrical engineer not specifically included in the Scope of Services (e.g., building lighting design, undergrounding, or hardening infrastructure design, etc.) . 7. Any services normally provided by a plumbing engineer not specifically included in the Scope of Services (e.g., grease trap design or sand/oil interceptor design, etc.) 8. Other site structures such as retaining walls, stairs, sidewalks, flagpoles, light poles, swimming pools, etc. 9. Any other services not specifically included in the Scope of Services. 10. Update the current Stormwater Master Plan. 11. Any construction assistant services (i.e., inspections, certifications, pump station startups, FDEP 404 or NPDES permits, Consumptive Use or dewatering permits, reproduce construction contract documents for bidding purposes, prepare & distribute Addendums, as -built plans, etc.) VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the CITY: 1. Programmed Road County improvements that could have an impact on the project. 2. Programmed Utilities County improvements that could have an impact on the project. 3. Existing Drainage and underground records (i.e. Stormwater, roadway, lighting, etc.) 4. Environmental assessments if any. 5. City of Miami Municipal Atlas Sheets 6. Miami -Dade Water & Sewer Department As-Builts 7. Zoning Map VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Carlos Morales. Civil Division Manager. Submitted by: BCC Engineering LLC Reviewed and approval in concept recommended by: Victor Herrera, Vice President Clara Sidan, Assistant Director, Stormwater & Permitting. City of Miami Department of Resilience and Public Works (DRPW) CIP Form 116 Revised 10/19/12 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Water Main Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St July 16, 2024 engineering Exhibit A - Project Location Maps 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng D^^u� an envelope ID: rrFot7tv_nn7o_nonn_000_12°24°'2°1 °1 630 LF 2" DI Age 58 O PROPOSED OFFLINE INJECTION WELLS 0 PROPOSED PUMP STATION PROPOSED CONVEYANCE PIPE DRAINAGE/ROADWAY IMPROVEMENTS PROJECT BOUNDARY 670 LF 8 no determined Age 86 680 LF 4"CI Age 86 Melrose Flood Improvements 8"DI Age41 Conected to 2"and 4" Age 86 335 LF 2" CI Age 96 665 LF 2" CI Age 96 661 LF 8" CI Age 47 666 LF 4"CI Age 67 0 125 250 500 Feet 330 LF 8"CI Age50 333 LF 8" CI Age 67 CITY COMMISSION DISTRICT 1 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Project Name: Melrose Water Main Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St July 16, 2024 engineering Exhibit B - Fee Estimate 6401 SW 87th Avenue Suite 200 Miami, F133173 305.670.2350 00000@bcceng ...... bcceng Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Melrose Neighborhood Water Main Improvements Project N of B-233816 Descbpbon Cons.. Name BCC Eneneereg LLC Contract No - Date 7/W/2024 Estnator Carlos Morales STAFF CLASSIFICATION DRAINAGE ROADWAY Job classification Staff Applicable Rate Principal Victor Herrera Rae $8500 Project Manager Carlos r Rate: $6 Senior Project Engineer Roberto Lamar Rate: Raam $722.1 Project nglneer OM c Rate $0567 Design nglneer Javier Raze: $32.70Rate: TechnicianCADD Gladys Angulo $31.72 Utility Co Rick Duran Rate: $60.00 Project Manager Rate: 79.33 Senior Project Engineer Rate, $82.79 Project Engineer2 Raze. 71.30 Project ngineer1 Rate 55.53 Senior Design Engineer Raze. 55.06 Engineer Intern e: $00.30 Staff Hours By Salary Cost By Average Rate Per WOAACEvity Hart ost/Arnylry Manhours Cosv Acb W Man Cost c.W Manhours Cost...y Manhours Cost/Arnyny Pours'an ost c.W Manhours Cost...y Manhours Cost/ M boon CostArnyny Manhours Cost/A.m. Cost...y Manhours CostArnyny Po'anurs Cost ..7 Ac6vay Acrv0y Task 1 Task 10-Mee..acoomiantmn 6 $1,360 62 $2,462 80 $5,769 80 $3,6w 80 $2,616 288 $15,860 5 $507 -- 2Task 20- Data Collecton.Inty Coominaton _ 24 $1,731 e0 $3,654 $3,92a 24 $761 100 $6,000 -- aae $16,070 $46.18 -- 3 Task 30-Roadway -- - ----e 3.1-30%Roadway CDs ----- -- $1,775 W $2,392 186 $11,197 $6020 _Task Task 32-60i Roadway cos 12 $923 16 $1,269 24 $1,9e7 32 $2,2e3 36 $1,999 40 $2,21e 50 $2,215 210 $12,e95 • $61 Aa Task 3a-100i Roadway cos e $615 a $317 a $331 e a071 e $aaa $aaa 16 $709 56 $3,431 • $6127 Task 0- OM Engneenng Services Jas. 1-30%Damage CDs 32 $2,462 120 $8653 160 $7,307 160 $5,232 1e $5710 _--.652 $29,64 $4504 ka2-60%Damage CDs 48 $3,693 280 $20,191 300 $13,701 360 $11,772 40 $12,688 $62,044 $aa7o - -100i Dalnagecos ----- as 32 $2,462 a2,462 160 $2,211 a1 sae 140 $6,6w $6,394 120 $2,616 $3y24 $2,538 --- $317 $331 $sn ----- $666 a -- $m -- w6 $1epe0 a2e,694 $a96e-- $52.00 0- Perm.. 60 a�,90a a $aaa 6 0-DmIr6tlProcurement Support Servlces 40 $3,077 60 $4,327 60 $2,740 16. $523 333 $aaa 2 $5S2 2a0 $,a,63a $6,.,3 Total star HOurs 16 244 966 7aa 199 ak 60 199 94 166 4,286 Total Staff Cost $ia69o9 $1877092 $59 a1864 83,80784 $�967A9 $5 s9256 $555300 -- $5,21324 W924 80 $212018.28 $09.56 $41,10300 $30,60720 $W 9968 $699900 Total % of Work by Position ESTIMATE OF SURVEY CREW COSTS -man Survw Crew crew days at -man Survey Crew: crew days at l day = $ l day = $ usedNotes by Phme Consultant to calculate the Grand Total Fee. ualyeent may be hdden 3 The bans f or work r [Nlryatleschptonsashall be the FICE.DOT standard Scope and staff Hour Estnaton Handbook 1 -SUBTOTAL ESTIMATED FEE: subconsultant subconsultant subconsultant subconsultant subconsultant 2 -SUBTOTAL ESTIMATED FEE: ( CIeld and Lab Test. Survey FeSurvey Crew Fee) Other films F e 3 -SUBTOTAL ented Post Design ServmeD (Allowance) es(Allowance) GRAND TOTAL ESTIMATED FEE: (mu .90) $616,013.01 $616,013.01 $616,013.01 $97,500 00 $7 _01 $721,01213. 1 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 ACORD ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/7M/DD3 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 Greyling Ins Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta GA 30022 CONTACT Mitchell Walck PHONE FAX (A/C No Ext): 470.582.9324 (A/C, No): 470.582.9324 E-MAIL ADDRESS: greylingcerts@greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: The Continental Insurance Company 35289 INSURED BCCENGI BCC Engineering, LLC 6401 SW 87th Avenue, Suite 200 Miami, FL 33173 INSURER B: National Fire Insurance Co of Hartford 20478 INSURERC: Valley Forge Insurance Company 20508 INSURER D: Endurance American Specialty Ins Co 41718 INSURERE: Transportation Insurance Company 20494 INSURER F : COVERAGES CERTIFICATE NUMBER: 953153587 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 7034261643 Approved by Frank Gomez 8/14/2023 08/07/2023 8/14/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE P POLICY OTHER: X LIMIT APPLIESPER: jECT X LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y 7034261688 8/14/2023 8/14/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y 7034261707 8/14/2023 8/14/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 10 nnn $ c E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A 7034261657 7034261660 8/14/2023 8/14/2023 8/14/2024 8/14/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liab incl. Pollution DPL3002354071 8/14/2023 8/14/2024 Per Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: RFQ 20-21-011-9; Professional Services Agreement (Miscellaneous Engineering Services); BCC Project # 1021113. City of Miami are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. PL Retroactive Date: 7/29/1998. CERTIFICATE HOLDER CANCELLATION City of Miami; Procurement Department and Risk Administrator 444 SW 2nd Avenue; 6th Floor Miami FL 33130-0000 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 ! ' i ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430737 Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) Page 1 of 18 The Continental Insurance Co. Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 7034261643 Endorsement No: 9 Effective Date: 0 8/ 14 / 2 0 2 2 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises new construction or A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: 7034261643 Page 2 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430738 Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 7034261643 Page 3 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Policy No: 7034261643 Page 4 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430739 Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 7034261643 Page 5 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Policy No: 7034261643 Page 6 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430740 Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Policy No: 7034261643 Page 7 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: 7034261643 Page 8 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430741 Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Policy No: 7034261643 Page 9 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Policy No: 7034261643 Page 10 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430742 Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) Policy No: 7034261643 Page 11 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j• Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Policy No: 7034261643 Page 12 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430743 Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Policy No: 7034261643 Page 13 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Policy No: 7034261643 Page 14 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430744 Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Policy No: 7034261643 Page 15 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 7034261643 Page 16 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT 30020004370342616430745 Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Policy No: 7034261643 Page 17 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Policy No: 7034261643 Page 18 of 18 Endorsement No: 9 The Continental Insurance Co. Effective Date: 08/14/2022 Insured Name: BCC ENGINEERING, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 From: Gomez Jr., Francisco (Frankl To: Caseres. Luis; Quevedo, Terry; Aviles, Yesenia Subject: RE: 2023 - 2024 Renewal COIs for BCC Engineering Date: Monday, August 7, 2023 11:58:09 AM Good morning Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" Original Message From: Caseres, Luis <Lcaseres(a miamigov com> Sent: Monday, August 7, 2023 11:49 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAvilesguniamigov com> Subject: FW: 2023 - 2024 Renewal COIs for BCC Engineering Good morning, Please review and approve. Best regards, Luis Caseres Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 (305) 400-5335 L caseresgmiamigov. com Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Detail by FEI/EIN Number larinJoi of o'r9 CDppDp r'- C D! f op - cur eh lrllu of F/orrtl srYirsir� Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Limited Liability Company BCC ENGINEERING, LLC Filing Information Document Number L19000118381 FEI/EIN Number 65-0540100 Date Filed 05/08/2019 Effective Date 03/15/1994 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 04/29/2020 Event Effective Date NONE Principal Address 6401 SW 87 AVE STE 200 MIAMI, FL 33173 Mailing Address 6401 SW 87 AVE STE 200 MIAMI, FL 33173 Registered Agent Name & Address MUNOZ, JOSE A 6401 SW 87 AVE STE 200 MIAMI, FL 33173 Authorized Person(s) Detail Name & Address Title CEO, SECRETARY MUNOZ, JOSE A 6401 SW 87TH AVE STE 200 MIAMI, FL 33173 Title EVP MILLAN, ARIEL 6401 SW 87TH AVE STE 200 MIAMI, FL 33173 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=FeiNumber&directionType=Initial&search NameOrder=65054010... 1/2 Docusign Envelope ID: CCFB575A-DD79-428D-9E92-12B24B3B1 BE1 Title CFO Detail by FEI/EIN Number RODRIGUEZ, LUIS 6401 SW 87TH AVE STE 200 MIAMI, FL 33173 Title VP HERRERA, VICTOR 6401 SW 87TH AVE STE 200 MIAMI, FL 33173 Annual Reports Report Year Filed Date 2021 01/31/2021 2022 01/12/2022 2023 01/16/2023 Document Images 01/16/2023--ANNUAL REPORT 01 /12/2022 -- ANNUAL REPORT 09/22/2021 -- AMENDED ANNUAL REPORT 01/31/2021 --ANNUAL REPORT 04/29/2020 -- LC Amendment 01/22/2020 -- ANNUAL REPORT 05/28/2019 -- LC Amendment 05/08/2019 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=Fei Number&directionType=Initial&search NameOrder=65054010... 2/2 Olivera, Rosemary From: Caseres, Luis Sent: Monday, November 18, 2024 2:22 PM To: Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; Mora, Jorge; McGinnis, Lai -Wan; Cabrisas, Kathryn; Santana Jr., Juvenal Cc: Cambridge, Susan; Hannon, Todd; Olivera, Rosemary; Lima, Cristiane; Roberts, Frankeetha; Fossler, Thomas; Sagesse, Max; Sidan, Clara; Gomez, Humberto; Marquez, Giraldo; Dubuisson, Fabiola; Romero, Javier; Gomez, Humberto Subject: Document Distribution - RFQ 23-24-004 Civil Engineering Services for Citywide Flood Mitigation Improvements - BCC Eng. Attachments: RFQ_No_23-24-004_Civil_Eng_Services_for_Citp-BCC Eng.-Execited 11-18-2024.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- 2156 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Professional Services Agreement First Party: City of Miami Second Party: BCC Engineering, LLC Program/Purpose: Civil Engineering Services for Citywide Flood Mitigation Improvements Effective Date: 11/18/2024 Best regards, 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