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HomeMy WebLinkAbout25697AGREEMENT INFORMATION AGREEMENT NUMBER 25697 NAME/TYPE OF AGREEMENT JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. DESCRIPTION PRE -CONSTRUCTION SERVICES AGREEMENT/PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES FOR RUBEN DARIO INFRASTRUCTURE IMPROVEMENTS, PHASE 1 & II PROJECT NO. 40- B233505/FILE ID: 15870/R-24-0203/MATTER ID: 25-1856 EFFECTIVE DATE July 31, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/31/2025 DATE RECEIVED FROM ISSUING DEPT. 7/31/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Fernando Ponassi EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: James B. Pirtle Construction Company, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 181,475.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Pre -Construction Services Agreement NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Progressive Construction Manager at Risk ("PCMAR") Services for Ruben Dario Park Infrastructure Improvements, Phase I — D3 — Project No. 40-B233505 - RFP 24-25-008 COMMISSION APPROVAL DATE: 05/23/2024 FILE ID: 15870 ENACTMENT NO.: R-24-0203 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER Fernando Ponassi Reviewed and OK to proceed. July 22, 2025 115:48:26 Annie Perez, CPPO EDT SIGNATURE: David Ruiz EDT SIGNATURE: ,—DocuSigned t �r`.A.,: � ( `-89540EB73CP ,—DocuSigned b t .61, RISK MANAGEMENT July 23, 2025 1 0E:26:14 BUDGET OFFICE Funding is available in 40-B233505 LEM July 28, 2025 0D:45:33 Marie Gouin EDT SIGNATURE: '-55349B495F25 DocuSigned b /s/TMF 25 1856 CITY ATTORNEY Matter ID No.25-1856 July 28, 2025 112:57:20 George K. Wysong III EDT SIGNATURE: .E: 7•. DocuSigned b at,ar/, ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 29, 2025 112:31:29 Larry Spring, CPA EDT SIGNATURE: DocuSigned (,�' Y i Sp "'" ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS July 29, 2025 13:��Mrrnandez, MPA r SIGNATURE: UZOn2B�-7 Signed by: 1/A0VlA -V�a DE6-2D3DF ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER July 29, 2025 114:04:41 Natasha Colebrook -Williams EDT SIGNATURE: DocuSigned N4. t CITY MANAGER July 30, 2025 1 17: 3r2 51 P$r+ega V SIGNATURE: ,—DocuSigned N''A CITY CLERK July 31, 2025 1 10:33:22 Todd Hannon EDT SIGNATURE: .,.7DII975D DocuSigned b 468... �Q�BO... 495... w(1 sal4 BB... 4D4... t,VIA,AAA,e 44E... y: 141 B... y: A41 459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 24368 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PRE -CONSTRUCTION SERVICES AGREEMENT OVERVIEW PSA TITLE: Progressive Construction Manager at Risk ("PCMAR") Services for Ruben Dario Park Infrastructure Improvements, Phase I — D3 — Project No. 40-B233505 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 City of Miami is seeking to hire a proficient construction management firm to provide full preconstruction services, including 100% construction documents, and if needed, construction/construction management services, otherwise identified throughout this document as PCMAR services, for the Ruben Dario Park project in District 3. The chosen firm must demonstrate extensive experience in constructing recreational facilities and proficiency under the design -build and/or construction manager at risk models. This Project involves various design and construction activities and requires the PCMAR team to provide a wide range of services from pre -construction that includes design/engineering and permit approvals, to construction/construction management and close-out services. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? N/A Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 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: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PRE -CONSTRUCTION SERVICES AGREEMENT Service Category Pre -Construction Services Agreement Contract Type Services Agreement PCMAR James B. Pirtle Construction Company, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 8 2.01 TERM 8 2.02 SCOPE OF SERVICES 8 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 8 2.04 COMPENSATION 8 ARTICLE 3 PERFORMANCE 9 3.01 PERFORMANCE AND DELEGATION 9 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 9 3.03 PCMAR FIRM'S KEY STAFF 9 3.04 TIME FOR PERFORMANCE 9 3.05 STANDARD OF CARE 9 ARTICLE 4 SUBCONSULTANTS 10 4.01 GENERAL 10 4.02 SUBCONSULTANT RELATIONSHIPS 10 4.03 CHANGES TO SUBCONSULTANTS 10 ARTICLE 5 DEFAULT 10 5.01 GENERAL 10 5.02 CONDITIONS OF DEFAULT 10 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 10 ARTICLE 6 TERMINATION OF AGREEMENT 11 6.01 CITY'S RIGHT TO TERMINATE 11 6.02 PCMAR'S RIGHT TO TERMINATE 11 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 11 ARTICLE 7 DOCUMENTS AND RECORDS 11 7.01 OWNERSHIP OF DOCUMENTS 11 7.02 DELIVERY UPON REQUEST OR CANCELLATION 12 7.03 RE -USE BY CITY 12 7.04 NON -DISCLOSURE 12 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 12 7.06 E-VERIFY 13 ARTICLE 8 INDEMNIFICATION 13 ARTICLE 9 INSURANCE 13 9.01 COMPANIES PROVIDING COVERAGE 14 9.02 VERIFICATION OF INSURANCE COVERAGE 14 9.03 FORMS OF COVERAGE 14 9.04 MODIFICATIONS TO COVERAGE 14 ARTICLE 10 MISCELLANEOUS 15 10.01 AUDIT RIGHTS; INSPECTION 15 10.02 ENTIRE AGREEMENT 15 10.03 SUCCESSORS AND ASSIGNS 15 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 15 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 15 10.06 NOTICES 15 10.07 INTERPRETATION 16 10.08 JOINT PREPARATION 17 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 10.09 PRIORITY OF PROVISIONS 17 10.10 MEDIATION - WAIVER OF JURY TRIAL 17 10.11 TIME 17 10.12 COMPLIANCE WITH LAWS 17 10.13 NO PARTNERSHIP 17 10.14 DISCRETION OF DIRECTOR 18 10.15 RESOLUTION OF CONTRACT DISPUTES 18 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 ARTICLE 11 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS NOT APPLICABLE 19 44,04 Equal Employmen+ Opportunity 19 11.02 Compliance with the Copeland "Anti Kickback" Act 21 11.03 21 44O4 Dinh+c to Inventions Made i rider Contract 21 11.05 Clean Air Act 22 44,06 22 11.07 Droc cement of Den red Ann+e rialc 22 44,00 22 4440 Domestic Preference For Procurements 23 44,1-0 23 44,14 License and Delivery of Works Subjcct to Copyright and Data Rights 23 11.12 Eciuitable tdjustmen+ 23 11.13 24 „.4n 24 11.15 Brooks Act of 1972 40 U.S.0 1101 1104 24 „., a 24 „.,7 Program Fraud and False or Fraudulent Statements or Related Acts 24 44,18 Byrd Anti Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) 24 DHS S al, Logo, and Flags 24 44,20 Comnlianse with Federal i Regule+ions rid Executive Orders 25 11.21 Access to Records 25 11.22 Suspension and Debarment 25 11.23 United States Housing and Urban Development ("HUD") 25 11.24 Procurements by Non Federal Entities 25 ATTACHMENT A - SCOPE OF WORK 23 ARTICLE Al GENERAL 23 ARTICLE A2 PROJECT BACKGROUND AND LOCATION 23 A2.01 SCOPE OF SERVICES 24 A2.02 WORK ORDERS 25 A2.03 PAYMENTS 26 ARTICLE A3 ADDITIONAL SERVICES 26 A3.01 GENERAL 26 ARTICLE A4 REIMBURSABLE EXPENSES 26 A4.01 GENERAL 26 A4.02 SUBCONSULTANT REIMBURSEMENTS 26 ARTICLE A5 CITY'S RESPONSIBILITIES 26 A5.01 PROJECT AND SITE INFORMATION 26 SCHEDULE Al - SUBCONSULTANTS/SUBCONTRACTORS 28 SCHEDULE A2 - KEY STAFF 28 ARTICLE B1 METHOD OF COMPENSATION 29 B1.01 COMPENSATION LIMITS 29 B1.02 PCMAR NOT TO EXCEED 29 Progressive Construction Manager at Risk Services 2 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE B2 WAGE RATES 29 B2.01 FEE BASIS 29 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 29 B2.03 CALCULATION 29 B2.04 EMPLOYEE BENEFITS AND OVERHEAD 29 B2.05 ESCALATION 29 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 30 B3.01 LUMP SUM 30 B3.02 HOURLY RATE FEES 30 B3.03 REIMBURSABLE EXPENSES 30 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 30 B3.05 FEES FOR ADDITIONAL SERVICES 30 B3.07 PAYMENT RESULTING FROM PROJECT SUSPENSION 31 ARTICLE B4 PAYMENTS TO THE PCMAR 31 B4.01 PAYMENTS GENERALLY 31 B4.02 FOR COMPREHENSIVE BASIC SERVICES 31 B4.03 BILLING - HOURLY RATE 31 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 31 B4.05 DEDUCTIONS 32 SCHEDULE B1 — WAGE RATES SUMMARY 33 SCHEDULE B2 - PCMAR INVOICE 34 EXHIBIT A - Fee Proposal + Schedule EXHIBIT B - Site Plan EXHIBIT C - Certificates of Insurance REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Progressive Construction Manager at Risk Services 3 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT CITY OF MIAMI DEPARTMENT OF PROCUREMENT PRE -CONSTRUCTION SERVICES AGREEMENT Service Category Pre -Construction Services Contract Type Services Agreement PCMAR Firm James B. Pirtle Construction Company, Inc. PCMAR Firm's Office Location 175 SW 7th Street, Miami, FL 33130 City Authorization Section 18-87, City of Miami Code Agreement Number 24-25-008.1 THIS PRE -CONSTRUCTION SERVICES AGREEMENT ("Agreement") made this 31st day of July in the year 2025 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and James B. Pirtle Construction Company, Inc., hereinafter called the "Progressive Construction Manager at Risk (PCMAR) firm." RECITAL WHEREAS, the City issued Request for Qualifications ("RFQ") No. 24-25-008 on December 18, 2024, for the provision of Progressive Construction Manager at Risk Services for Ruben Dario Park Infrastructure Improvements, Phases I and II ("Project") and the PCMAR firm's proposal ("Proposal"), in response thereto, was deemed responsive and responsible, and selected as 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 WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the PCMAR firm in accordance with Florida Statutes, Section 255.103, "Construction Management or Program Management Entities," and Section 287.055, "Consultants' Competitive Negotiation Act," (hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, Code of the City of Miami, Section 18-87, to provide the services as described herein; and WHEREAS, the City has need for certain pre -construction services with respect to the Project while the parties work toward negotiating and finalizing a Master Construction Agreement as set forth in the Solicitation Documents for the Project; NOW, THEREFORE, the City and the PCMAR firm, for the considerations herein set forth, agree as follows: Progressive Construction Manager at Risk Services 4 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Architect/Engineer or A/E means the person or firm designated as the architect/engineer for the Project, or any portion thereof. Also referred to as the Consultant, this entity has entered into a separate agreement with the City for design services for the Project, said Agreement attached and incorporated as "Attachment C" hereto (also referred to as the A/E Agreement). For purposes of this Agreement, the Architect/Engineer of record for the Project is Wolfberg Alvarez & Partners, Inc. 1.03 Attachments means Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 Base Services Fee means the amount of compensation mutually agreed upon for the completion of Basic Services, also referred to as Pre -Construction Services by the PCMAR for Area 1 (comprised of Sub -Areas 1 A and 1B). 100% Construction Documents and Pre -Construction Services for Area 2 will be negotiated and awarded through either an amendment or a separate contract. 1.06 Budget means the amount established by the City for this Project. PCMAR firm herein acknowledges that, prior to execution of this Agreement, it has received the City's written Budget for the Project. 1.07 City Commission means the legislative body of the City of Miami. 1.08 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.09 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 ("City"). 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 in its proprietary capacity as a party to this Agreement. For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. 1.10 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.11 Construction Manager (CM)/Principal means the person designated by the PCMAR firm as its senior representative to the City. The CM Principal shall perform those duties required in this Agreement and shall have the authority to commit and obligate the PCMAR firm, and to fully act for the PCMAR firm in all matters. 1.12 Consultant means Wolfberg Alvarez & Partners, Inc., a corporation consisting of properly registered professional architects, engineers, and/or surveyors and mappers, as applicable, which has been engaged to provide professional services to the City through a separate contract. The Consultant will provide 100% Construction Documents for Area 2 of the Project, under a separate contract, as part of the PCMAR team. 1.13 Department means or refers to the City of Miami's Office of Capital Improvements (OCI). 1.14 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 purposes of this Agreement, the Director is the top administrator of the OCI or his/her authorized designee. 1.15 Errors and Omissions means design deficiencies in the plans, Specifications or other documents prepared by the Consultant, either individually or as part of the PCMAR team's scope, which must be corrected in order for the project to function or be built as intended. 1.16 Final Payment means the last payment due to the Contractor upon the satisfactory completion of the Work as defined in this Agreement, including the fulfillment of all contractual obligations, submission of all required documentation, and the resolution of any outstanding claims or disputes. Progressive Construction Manager at Risk Services 5 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 1.17 Guaranteed Maximum Price, a.k.a. GMP means the sum that may be requested and accepted at the sole discretion of the City after Pre -Construction Services under this contract are completed. The GMP shall represent the maximum cost to the City for performing the implementation/construction of the Work under this contract on the basis of the cost of labor and materials including overhead expenses, profit, and dedicated allowances, plus reimbursable expenses and Owner's Contingency. 1.18 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 the PCMAR. 1.19 City Personnel means staff positions assigned on a full-time basis to the Project by the assigned City's Program Manager with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.20 Key Staff means those individuals whose qualifications were specifically identified and relied upon by the City in the selection of the PCMAR, as outlined in the PCMAR's response to the City's solicitation. 1.21 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 PCMAR may begin work on the Project. 1.22 Pre -Construction Services mean the services which the PCMAR shall perform in reviewing the design product provided by the Architect/Engineer of Record, and for the Bid and Award Phases of an eventual Construction Contract, which may culminate with the City exercising, at its sole discretion, the option or requesting the PCMAR to provide a GMP for the Project. 1.23 Pre -Construction Services Fee shall mean the cost of time and materials for the services contemplated in this Agreement for services performed by the PCMAR during the Pre -Construction Services phase related to the Project, which fee includes all direct and indirect costs incurred by the PCMAR in the proper performance of the Pre -Construction Services phase contemplated under this Agreement. 1.24 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," Scope of Work," of this Agreement. 1.25 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. 1.26 Program means the City's multi -year Capital Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5)-year period. 1.27 Progressive Construction Manager at Risk (PCMAR) means the PCMAR firm/team selected by the City to provide PCMAR services for this Project, comprised by the CMAR firm, the Consultant, and any other subconsultants/subcontractors. Acceptance of a Guaranteed Maximum Price (GMP), requested at the sole discretion of the City, shall result in the PCMAR functioning from that point forward as a General CMAR under the terms and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of GMP acceptance by the City. 1.28 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. 1.29 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. 1.30 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. Progressive Construction Manager at Risk Services 6 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 1.31 Risk Management Administrator means the City's Risk Management Director, or the Director's designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.32 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. 1.33 Services Agreement (Agreement) means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications (RFQ) and the PCMAR's response thereto, the RFQ shall control. In the event of any conflict between the PCMAR's response to the RFQ and this Agreement, this Agreement shall control. In the event of any conflict between this Agreement and its attachments, this Agreement shall control. 1.34 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 PCMAR, through the Consultant for Area 2 of the project, as required pursuant to City Code Section 18-87. Please see 1.12, above. 1.35 Specifications mean any and all written requirements for materials, equipment, construction systems, standards, and workmanship required for the Project, which are identified as the Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change Directive(s) issued and executed in accordance with the Agreement. 1.36 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyors, or mappers, and/or other professional specialties, as well as a construction/trades company, who has entered into a written agreement with the PCMAR to furnish specified professional or construction/trades services for the Project. 1.37 Wage Rates means the effective direct expense to the PCMAR 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. 1.38 Work means all services, materials and equipment provided by/or under this Agreement with the PCMAR. 1.39 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.40 Work Order Proposal means a document prepared by the PCMAR, at the request of the City for Services, to be provided by the PCMAR on a specific phase of a Project. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Progressive Construction Manager at Risk Services 7 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE 2 GENERAL CONDITIONS 2.01 INCORPORATION OF RECITALS The foregoing recitals are true and correct and are hereby incorporated into and made a material part of this Agreement as if fully set forth herein. 2.02 CONTRACT DOCUMENTS The contract documents ("Contract Documents") governing this Pre -Construction Agreement include: (i) this Agreement; (ii) the Request for Qualifications ("RFQ") No. 24-25-008 issued by the City on December 18, 2024; (di) the PCMAR firm's responsive and responsible proposal submitted in response thereto (together with the RFQ, the "Solicitation Documents"); (iv) all exhibits attached hereto and incorporated herein by reference; (v) any written amendments or modifications to this Agreement executed by both parties; and (vi) any construction plans, specifications, and related technical documents provided or approved by the City for purposes of the pre -construction services. The parties acknowledge that they are negotiating a separate Master Construction Agreement that may include a contract Amendment, which, once executed, shall supersede and govern the rights, duties, and obligations of the parties with respect to construction services for the Project, and shall control in the event of any conflict with the terms of this Pre -Construction Agreement, except to the extent expressly stated otherwise therein. 2.03 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 PCMAR. 2.04 SCOPE OF SERVICES The PCMAR 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. 2.05 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS The PCMAR firm shall adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to Architecture and Engineering (A&E) firms currently certified by Miami -Dade County as an SBE, in good standing; 2) Place a specific emphasis on utilizing local, small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.gov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.06 COMPENSATION 2.06-1 Compensation Limits: The amount of compensation payable by the City to the PCMAR shall generally be a lump sum, not -to -exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed One Hundred Eighty -One Thousand Four Hundred and Seventy -Five Dollars ($181,475) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement or through a separate contract. The negotiated amount for the base Scope of Work is comprised of Fifty -Eight Thousand Nine Hundred Seventy -One Dollars ($58,971.00) and Fifty -Two Thousand Six Dollars ($52,006.00) for Phase I Pre -Construction services for Areas 1A and 1B, respectively; Twenty -Four Thousand Dollars ($24,000.00) for Reimbursable Expenses; Thirty Thousand Dollars ($30,000.00) for a Dedicated Allowance to address Design -Related Site Investigations, as shown in Exhibit A; and Sixteen Thousand Four Hundred Ninety -Eight Dollars ($16,498.00) for a 10% Owner's Contingency Allowance. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the PCMAR have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, Progressive Construction Manager at Risk Services 8 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, and Section 255.103, "Construction Management or Program Management Entities," as well as other limitations on compensation, as applicable. 2.06-2 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 PCMAR'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 PCMAR is entitled to reimbursement of travel expenses, then all bills authorized and approved in advance by the City for travel expenses, shall be submitted in accordance with Section 112.061, Florida Statutes. The PCMAR must utilize Attachment B, "Schedule B2 - PCMAR 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 PCMAR'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 another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL The Director or Director's designee may make written requests to the PCMAR for the prompt removal and replacement of any personnel employed or retained by the PCMAR, or any Subconsultant(s), or any personnel of any such Subconsultant(s) engaged by the PCMAR to provide and perform Services or Work pursuant to the requirements of this Agreement. The PCMAR 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 PCMAR. Such request shall solely relate to the work of said employees under this Agreement. 3.03 PCMAR FIRM'S KEY STAFF The parties acknowledge that the PCMAR was selected by the City, in part, based on qualifications of particular staff identified in the PCMAR's response to the City's solicitation, hereinafter referred to as "Key Staff." The PCMAR shall ensure that Key Staff are available for Work upon request from the City, if said Key Staff is in the PCMAR's employ. The PCMAR will obtain prior written approval from the Director or the Director's designee to change or add any personnel considered to be Key Staff. The PCMAR shall provide the Director or Director's designee with information required to determine the suitability of proposed new Key Staff. The Director or Director's designee will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The PCMAR agrees to start all Work hereunder upon receipt of an NTP issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claims by the PCMAR for additional compensation or for any damages. 3.05 STANDARD OF CARE The standard of care for the PCMAR to execute the Work shall be the care and skill ordinarily used by members of construction management at risk profession practicing under similar conditions at the same time and in the same locality of the Project. PCMAR shall perform all Services in compliance with Florida Building Code and the Project Documents. The PCMAR shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of construction. Progressive Construction Manager at Risk Services 9 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE 4 SUBCONSULTANTS NOT APPLICABLE /1.01 GENERAL /1.01 1 A Subconsultant, as defined in Article 1.37, is a firm that was identified as part of the consulting team during the competitive selection process by which tho PCMAR was choscn to perform thc Services under this Agreement, and as such, is identified and listed in Attachment A, "Schedule Al 1.01 2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, ontered into a written agreement with the PCMAR to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, "Schedule Al Subconsultants," as applicable. /1.02 SUBCONSULTANT RELATIONSHIPS /1.02 1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the PCMAR and the Subconsultants, which shall contain provisions that procervo and protect the rights of the City under this Agreement. /1.02 2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The PCMAR acknowlcdgcs that thc Subconsultants arc ontiroly undcr his diroction, control, supervision, retention, and/or discharge. /1.03 CHANGES TO SUBCONSULTANTS The PCMAR shall not add to, modify, or change the Subconsultants lictod in Attachment A, "Schedule Al Subconsultants" without prior written approval by the Director or designee, in response to a written request from the PCMAR stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the PCMAR fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the PCMAR shall be in Default. The PCMAR shall be afforded no fewer than seven (7) days but no more than thirty (30) days to rectify any deficiencies upon receipt of a written Notice to Cure Deficiencies issued by the City to the PCMAR before being considered 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 PCMAR, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the PCMAR while the PCMAR was in default shall be immediately returned to the City. The PCMAR understands and agrees that termination of this Agreement under this section shall not release the PCMAR 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 PCMAR shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to PCMAR 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 PCMAR 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. 5.02-2 The PCMAR 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 Director's designee, shall provide written notice to the PCMAR as to a finding of Default, and the PCMAR shall take all necessary action to cure said Default within the time stipulated in Article 5.01, 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 PCMAR provides written Progressive Construction Manager at Risk Services 10 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT justification deemed sufficient. If the Default has not been corrected by the PCMAR 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 PCMAR 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 fourteen (14) day's written notice. Upon termination of this Agreement, all work on the project shall cease and permit documents, shop drawings, submittals, 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 PCMAR shall be paid for all completed work in accordance with provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to deliver the documentation in a timely manner shall be cause to withhold any payments due without recourse by the PCMAR until all documentation is delivered to the Director or Director's designee. Active permits shall be transferred out of PCMAR name, and the City shall not impede this release of permit responsibility. PCMAR shall be paid for all completed work in place. Consequential damages shall not apply to either party. 6.01-1 The PCMAR shall have no recourse or remedy from any termination made by the City except to receive payment for work in place, associated General Conditions costs, 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 PCMAR has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 PCMAR'S RIGHT TO TERMINATE The PCMAR 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 thirty (30) calendar days from the date of the City's receipt of a written statement from the PCMAR specifying the City's breach of its duties under this Agreement. PCMAR shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City thirty (30) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The PCMAR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PCMAR 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 PCMAR 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 PCMAR 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 As applicable, 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 PCMAR 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 PCMAR 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 PCMAR at any time. The PCMAR 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. Progressive Construction Manager at Risk Services 11 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 7.02 DELIVERY UPON REQUEST OR CANCELLATION As applicable, failure by the PCMAR to promptly deliver any and all documents requested by the City, both hard copy and digital, to the Director or Director's 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 PCMAR until the PCMAR delivers all such documents. The PCMAR shall have no recourse from these requirements. 7.03 RE -USE BY CITY As applicable, it is understood that all PCMAR Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other PCMAR work products, as applicable, at the City's sole option, and, by virtue of signing this Agreement, the PCMAR 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 PCMAR 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 PCMAR agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director or Director designee's prior written consent, or unless incident to the proper performance of the PCMAR'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 PCMAR hereunder, and the PCMAR shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The PCMAR 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 PCMAR 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. PCMAR 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 PCMAR 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 PCMAR or keep and maintain public records required by the City to perform the service. If the PCMAR transfers all public records to the City upon completion of the contract, the PCMAR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the PCMAR keeps and maintains public records upon completion of the contract, the PCMAR 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 PCMAR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PCMAR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMI.GOV, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, Progressive Construction Manager at Risk Services 12 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 9TH FL, MIAMI, FL 33130. THE PCMAR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS ("OCI") WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY PCMAR 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 PCMAR 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 PCMAR shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PCMAR and persons employed or utilized by PCMAR in the performance of services under this Contract. PCMAR 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 PCMAR shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The PCMAR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PCMAR 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 PCMAR 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 PCMAR or persons employed or utilized by PCMAR. 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 PCMAR shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The PCMAR 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 PCMAR in which the City participated, either through review or concurrence of the PCMAR's actions. In reviewing, approving, or rejecting any submissions by the PCMAR or other acts of the PCMAR, the City in no way assumes or shares any responsibility or liability of the PCMAR or Subconsultant under this Agreement. Ten dollars ($10.00) 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 PCMAR. ARTICLE 9 INSURANCE The PCMAR shall not start Services under this Agreement until the PCMAR has obtained and provided to the City all insurance required hereunder, and the City's Risk Management Administrator also known as Progressive Construction Manager at Risk Services 13 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the PCMAR 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 PCMAR 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 to be a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. The company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, NJ, or its equivalent. 9.02 VERIFICATION OF INSURANCE COVERAGE The PCMAR 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 PCMAR has obtained insurance of the type, amount, and classification required by these provisions, and in accordance with Exhibit C, "Certificates of Insurance" contained herein. The PCMAR shall ensure that all Subconsultants comply with these same insurance requirements. The PCMAR 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 PCMAR 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 equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The PCMAR shall provide business automobile liability coverage including 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 PCMAR shall maintain Professional Liability Insurance in the minimum amount of $1,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the PCMAR shall be legally obligated to pay as damages for claims arising out of the services performed by the PCMAR or any person employed by the PCMAR 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 PCMAR shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $1,000,000.00 each occurrence. 9.03.5 Subconsultant Compliance: The PCMAR shall ensure that all Subconsultants comply with these same insurance requirements. 9.03-6 Umbrella Liability: The PCMAR shall maintain Umbrella Liability insurance with a minimum limit of $1,000,000.00 each occurrence, $1,000,000.00 aggregate. The City shall be listed as additional insured with regards to this insurance. Coverage is in excess over General Liability and Auto policies. 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 Progressive Construction Manager at Risk Services 14 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT by providing a thirty (30) calendar day written notice to the PCMAR in accordance with Article 10.06, "Notices," herein. The PCMAR shall comply with such requests unless the insurance coverage is then not 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 PCMAR's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The PCMAR agrees to furnish copies of any necessary records, in the opinion of the Director, to approve any requests for payment by the PCMAR. 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 PCMAR 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 PCMAR 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 PCMAR, 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 PCMAR'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 PCMAR 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 PCMAR 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 PCMAR shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the PCMAR's duties to indemnify the City under Article 8, Indemnification, herein where the PCMAR 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 Progressive Construction Manager at Risk Services 15 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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: ANoriecia@miami.gov 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@miami.gov Phone: 305-416-1910 George K. Wysong III City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: GWysonq@miami.gov Phone: 305-416-1832 With Copies to: Jose R. Perez, AIA Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JRPerez@miami.gov Phone: 305-416-1236 James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company Mike Geary President 500 West Cypress Creek Rd., Suite 100 Fort Lauderdale, FL 33309 Email: Mike@pirtleconstruction.com Phone: 954-536-1684 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. Progressive Construction Manager at Risk Services 16 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the PCMAR, 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 design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. 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 PCMAR 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. PCMAR shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The PCMAR 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 PCMAR 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 PCMAR's performance under this Agreement on account of race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation. The PCMAR 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 PCMAR 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 PCMAR's access to City property, including project jobsites, if the PCMAR'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 PCMAR. 10.12.3 ADA Compliance: The PCMAR shall affirmatively comply with all applicable provisions of the ADA in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the PCMAR shall take affirmative steps to insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The PCMAR is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The PCMAR has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the PCMAR. Progressive Construction Manager at Risk Services 17 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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 PCMAR 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 PCMAR 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 PCMAR and the Project Manager fail to resolve the dispute the PCMAR shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, "Notices." Upon receipt of said notification, the Director of OCI shall review the issues related to the dispute and issue a written finding. Should the PCMAR and the Director of OCI fail to resolve the dispute the PCMAR 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 PCMAR. Upon receipt of said notification, the Director of Procurement shall review the issues related to the dispute and issue a written finding. The PCMAR 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 PCMAR. Appeal to the City Manager for their resolution is required prior to the PCMAR being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The PCMAR 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 (di) 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 PCMAR 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 PCMAR 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 to classified or unclassified employees. The PCMAR further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the PCMAR and agrees to provide workers' compensation insurance for any employee or agent of the PCMAR rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the PCMAR and the PCMAR 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 PCMAR 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 Progressive Construction Manager at Risk Services 18 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Progressive Construction Manager at Risk Services 19 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Print Nam-eTitle ATTEST: PCMAR Secretary (Affirm PCMAR Seal, if available) ATTEST: —DocuSigned by: E46.f7560f(Ft459 Todd B. Hannon, City Cle Si•ned b APPROVED AS TO INSURANCE REQUIREMENTS: —DocuSigned by: ftvni a Fps nitaa Ann Marie Sharpe, Director Risk Management Department James B. Pirtle Construction Company, Inc. dba Pirtle Construction Company, a Florida profit cor+oration ignature M Ihe Gear s s1de4&t— Prinf Name, Title ,lu11woo ,2,3SEAL_ 1968 •e FLOR1 ' rr CITY OF MIAMI, a municipal corporation of the State of Florida ,—DocuSigned by: Ale4A41.4 eac -t&L ,.4 84879997-5D€A4-1{3... Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSigned by: a,avrot, 00tisai4 Ill `— 88776E9FE8824SR George K. Wysong III, Clty Attorney Ds 25-1856 F Progressive Construction Manager at Risk Services 20 RFQ No, 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of � s 3•Pi s� etie rporatlon organized and existing under the laws of the State of rianaNheld on the 11 day of .1ur►e1tm,7a resolution was duly passed and adopted authorizing (Name)fink as (Title) g-eS, c1e4.t* of the corporation to execute agreernents 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, 1 have hereunto set my hand this 11 day of mi l 11 , 20 L.C. Secretary: (=E) Print: aTrre,ilL.; I41 fl CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _ day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner Print: Names and addresses of partners: Name Street Address City State Zip Progressive Construction Manager at Risk Services 21 for Ruben Dario Park, Area 1 - District 3 RFQ No. 24-25-008 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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/bfa) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Signed: Print: NOTARIZATION STATE OF"!Q j SS: COUNTY OF 13(-01.&) The foregoing instrument was acknowledged before me this ) day of 3-. Y 20 Z6 , by V70,4'r . Lv; aw , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNA1URE D NOTARY PUBLIC STATE 'OF Off--1 Ili— ' Notary Public State of Florida Maura Casanovas 1111 My Commission HH 428212 Expires 9/23/2027 PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Progressive Construction Manager at Risk Services 22 RFQ No, 24-25-008,' for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced PCMAR to provide Progressive Construction Management at Risk Services, under the direction of the Office of Capital Improvements ("OCI"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, and the Scope of Services contained in this RFQ and within the timeframe stipulated in Exhibit A, "Fee Proposal + Schedule." The Proposer and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A2.01, "Scope of Services." The PCMAR has been selected in accordance with Section 255.103, "Construction Management or Program Management Entities," and Section 287.055, "Consultants' Competitive Negotiation Act," of the Florida Statutes, as amended. This Agreement pertains solely to the provision of pre -construction services while the parties engage in negotiations toward a Master Construction Agreement, which may include a contract Amendment. Upon execution, the Master Construction Agreement or Amendment shall supersede and govern the rights and obligations of the parties with respect to the project. ARTICLE A2 PROJECT BACKGROUND AND LOCATION Ruben Dario Park, located between NW 16th and NW 17th Avenues and NW 5th and NW 6th Streets, is a vibrant recreational hub in Miami. The park spans several acres of meticulously landscaped greenery, perfect for outdoor activities. It features basketball courts, soccer fields, jogging trails, scenic walking paths, and picnic areas with tables and grills. The park is a center for community engagement, hosting concerts, festivals, cultural celebrations, educational programs, and workshops that promote environmental awareness and healthy living. Accessibility is a priority, with ADA-compliant facilities and pathways ensuring all community members can enjoy the park. Ample parking and public transportation access make it easily reachable for visitors from across the Miami metropolitan area. Ruben Dario Park is an urban oasis that enriches the lives of Miami residents through diverse recreational opportunities, community events, and environmental stewardship initiatives. It provides a tranquil and vibrant retreat amidst the city's hustle and bustle, embodying communal harmony and natural beauty. The City of Miami seeks a PCMAR to enhance these amenities, ensuring the park continues to meet the community's needs effectively and efficiently. The PCMAR will work in tandem with the Consultant for Area 1 to ensure design constructability, provide value engineering, and guarantee high -quality construction documents. The PCMAR will assist the Consultant with coordinating all third -party work into the construction process, including FPL, utility relocations, WASD, DERM, and other regulatory agencies ensuring seamless integration and efficient management of external services and utilities throughout the project. This collaboration aims to identify the most efficient and cost-effective methods to realize the project according to the City's objectives. The PCMAR will evaluate specific elements specified in the conceptual Master Plan for City of Miami Parks applicable to Area 1 such as: ■ A Playground ■ A Plaza Area ■ Restroom and Recreation Facilities ■ Performance Area ■ Pavilions ■ Area designated for Art in Public Places Subsequently, and under a separate contract, the Consultant will produce, as part of the PCMAR team, 100% construction documents as needed for Area 2 of the park, based on the conceptual Master Plan for City of Miami Parks. The design elements pertaining to Area 2 include, but may not be limited to: ■ A 300' Baseball Field ■ Basketball Courts ■ Pitching - Batting Practice Area ■ Fitness Area ■ Multipurpose Field ■ Fitness - Walking Trail ■ New Storage Building ■ Mini Soccer Courts Progressive Construction Manager at Risk Services 23 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT A collaborative effort among the City, Consultant, and PCMAR, as applicable, is essential to ensure project quality, address design issues, and confirm constructability before starting construction. This collaboration aims to prevent cost overruns, change orders, and time delays. The project's design plans for Area 1 are currently on the dry -run permitting stages, therefore, under the Construction Manager At -Risk approach, the City is entering into this agreement with a the PCMAR to allow for the design to be reviewed in partnership between the Consultant, the PCMAR, and the City in an environment that fosters constructability, frugality, quality, for the best price possible in today's market, all working together as a team to deliver a quality product that responds to the needs of the Client, which in this case is the City's Department of Parks & Recreation (Parks) through the Office of Capital Improvements. The PCMAR will evaluate the project documents for any inconsistencies, errors and omissions between the various design disciplines and constructability of the project and advise on the selection of materials and means and methods given the current market. The Project Team, consisting of the City, the Consultant, and the PCMAR, shall work together to produce a quality project with a design that is also buildable in an environment based on a collaborative effort between the three parties to work out all the potential conflicts in the project prior to construction. The PCMAR shall strive to address design issues (drawings and technical specifications) prior to starting of construction with the intent of avoiding design and construction cost overruns, change orders and time extensions. It is understood that the GMP provided by the PCMAR, as it may be required at the sole discretion of the City, further serves to prohibit cost adjustments. Time is of the essence, and there will be no additional compensation for delays in construction caused by the PCMAR. When delays are alleged to be caused by the City or others, the PCMAR may be entitled to seek compensation for additional costs, as applicable. PCMAR shall be responsible for the professional quality, safe, and accurate construction that conforms to the contract documents, and other Services furnished by the PCMAR under this Agreement. Due to current schedule constraints, the Master Construction Agreement, along with the Guaranteed Maximum Price (GMP) for Area 1, may be negotiated at a later date and awarded in two (2) separate GMP agreements corresponding to Sub -Areas 1A and 1B. In addition, the Consultant's design services to produce 100% Construction Documents for Area 2, along with the associated Pre -Construction Services, shall be negotiated and awarded under separate agreement/s issued under the Master Construction Agreement, which may include a contract Amendment. These design services may proceed to construction and contract administration for Area 2 if agreed upon by the City and the PCMAR. A2.01 SCOPE OF SERVICES The PCMAR agrees to provide complete Construction Manager at Risk 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. The PCMAR shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. The services required to be provided by the PCMAR may include, but are not limited to, the following: ■ Pre -Construction Services for Area 1 (includes Sub -Areas 1A and 1B as shown in Exhibit B) - Review and advise on project scope of work, description and development data as provided by the City, Architects, or Engineers. - Review of design plans for constructability, construction industry standards, Code compliance, and value engineering possibilities, and provide report findings. - Review cost and time estimates prepared by architects and engineers to validate said estimates. - Prepare cost and time estimates, to include clarifications, basis of estimate, allowances, - Prepare scheduling for each of the GMP construction packages, including preliminary and final project construction schedules indicating major construction milestones and variances. - Prepare construction phasing schemes for each of the GMP construction packages, which address the site logistics, its operational needs, scope, and budget. The PCMAR will be tasked to work with the Consultant reviewing the project to advise the City of the constructability of the design and provide value engineering of the project's design documents, to ensure the quality of the documents regarding construction/building standards and advise the Owner of the most efficient and economical ways to build the project pursuant to the Owner's goals and objectives for the project. Some of the project items the PCMAR will be evaluating are listed below: Progressive Construction Manager at Risk Services 24 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT Electrical power distribution systems, automatic transfer switching, lighting control systems Water intrusion envelope (roofing, windows, doors, etc.) Plumbing systems, water distribution, sanitary systems, domestic hot water, control valves, re -circulating pumps - HVAC/ventilation systems - System integration - Storm water collection and management systems - Roofing System Design - ADA Compliance - Sports field and courts materials and installation details - Site Amenities - Walkways - Right of way improvements - Irrigation system - Site and sports Lighting - Low voltage locations (the project includes pull boxes and empty conduits only for the low voltage installation by others) As part of its submittal in response to this RFQ, the PCMAR provided a detailed proposal as to how it will approach and perform Pre -Construction Services for the Project, as well as potential Construction Manager/Construction services. The PCMAR will be paid a lump -sum amount for the provision of all Pre -Construction Services. ■ Construction Services Upon completion of the pre -construction, the PCMAR shall furnish the City with a Guaranteed Maximum Price Agreement ("GMP"), which is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the City. In order to ensure that the City is successful in negotiating the best value for this project, the City may hire an independent Construction Estimator to provide assistance in validating the PCMAR's construction costs according to the current market. The City shall have the sole and absolute discretion to determine whether or not to proceed with the execution of a GMP, and may elect not to do so without incurring any liability or obligation to the Contractor. The PCMAR will provide construction services primarily through the services of subcontractors procured through an open and competitive bidding process, for which the PCMAR shall prepare invitations to bid, or requests for proposals when applicable, for all procurement related to long lead items, materials, and services, in accordance with individual contract thresholds as they may be further detailed in the Work Order/s issued by the City. The PCMAR will strive to obtain at least three (3) bids from interested subcontractors in order to provide all the required services. The City reserves the right to require the PCMAR to re -bid any single bid/s received for any package when determined to be inconsistent with current market conditions. - The PCMAR will perform construction management services during the construction phase of the Project, all as more specifically defined at the time the City requests the PCMAR to submit a GMP. - Generally, construction management services provided by the PCMAR during the construction phase of the Project will include, but will not be limited to, scheduling; construction and/or construction management of site work and utilities, buildings, landscaping, specialty work, and any other work deemed necessary to complete the intended scope. As part of its submittal in response to this RFQ, the PCMAR provided a detailed proposal as to how it will approach and perform potential Construction Manager/Construction services. At the sole discretion of the City, the PCMAR will provide a GMP for the provision of all Construction Manager/Construction services. A2.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or Director's designee will request in writing a Work Order Proposal from the PCMAR based on the proposed Scope of Services provided to the PCMAR in writing by the Director or Director's designee. The PCMAR and Director or Director's designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The PCMAR shall then prepare a GMP following the format provided Progressive Construction Manager at Risk Services 25 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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 Director's designee may accept the GMP as proposed by the PCMAR, reject the GMP, or negotiate revisions to the GMP. Upon acceptance of a GMP and further execution of a GMP Agreement, OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or Director's designee. Upon approval, OCI will issue a written NTP subsequent to approval of the Work Order by the Director or Director's designee. At the sole discretion of the City, a Notice to Occupy Site may be issued ahead of the formal NTP. The Agreement, or any GMPs issued as a result of it, may detail the deliverables that will be required of the PCMAR. A detailed scope of work will be developed for each Work Order issued. A2.03 PAYMENTS The City will pay the PCMAR in accordance with provisions and limitations of Attachment B, "Compensation and Payments." No payment will be made for the PCMAR's time or services in connection with the preparation of any GMP Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL At the sole discretion of the City, 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." 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 PCMAR and Subconsultants for purposes related to the Project. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. 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 insofar as performance under this Agreement may require, may furnish PCMAR with the information described below, or, if not readily available, may authorize PCMAR to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. PCMAR 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 pursuant to Article A2.02, Schematic Design. 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. PCMAR must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. Progressive Construction Manager at Risk Services 26 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT A5.01-5 Reliability: The services, information, surveys, and reports described in Articles A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and PCMAR shall be entitled to rely upon the accuracy and completeness thereof, provided PCMAR has reviewed all such information to determine if additional information and/or testing is required to properly construct the Project. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Progressive Construction Manager at Risk Services 27 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS/SUBCONTRACTORS FIRM NAME CONSULTING FIELD N/A N/A SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION James Armstrong Vice President Ray Tomeh Eric Hynes Scott Larson / Matt Swieringa Project Manager Project Executive Construction Cost Estimators Progressive Construction Manager at Risk Services 28 for Ruben Dario Park, Area 1 - District 3 RFQ No. 24-25-008 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Pre -Construction Services for the Project shall be determined by one of the following methods or a combination thereof, at the option of the Director or Director's designee, with the consent of the PCMAR. 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 PCMAR 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 PCMAR, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code, by the City Commission or City Manager, as applicable, as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 PCMAR 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 PCMAR's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS As applicable, 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 PCMAR 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, as applicable. 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 PCMAR employees at particular Wage Rate levels. B2.03 CALCULATION Said Wage Rates may be utilized by the PCMAR in calculating compensation payable for specific assignments and Work Orders as requested by the City. The PCMAR 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. B2.04 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall cover all the PCMAR 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. B2.05 ESCALATION After the first year of the contract term, the escalation of said Wage Rates may be considered upon request by the PCMAR. The PCMAR 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. Progressive Construction Manager at Risk Services 29 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the PCMAR, and the PCMAR 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 PCMAR 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 PCMAR, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by PCMAR, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require PCMAR, 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: As applicable, Hourly Rate Fees shall be those rates for PCMAR 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: As applicable, 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 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 PCMAR 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 PCMAR. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the PCMAR 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/or 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 PCMAR. B3.05 FEES FOR ADDITIONAL SERVICES The PCMAR may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable. The PCMAR 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-I mprovements. Progressive Construction Manager at Risk Services 30 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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 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 PCMAR will apply the multiplier of one (1.0) time the amount expended by the PCMAR. B3.07 PAYMENT 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 PCMAR 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 PCMAR's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE PCMAR 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 PCMAR. The PCMAR 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 PCMAR 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 PCMAR 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 PCMAR 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 PCMAR 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 PCMAR 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 PCMAR shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. Progressive Construction Manager at Risk Services 31 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PROGRESSIVE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT In addition to the invoice, the PCMAR 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 PCMAR's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Progressive Construction Manager at Risk Services 32 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 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) James Armstrong, Vice President $181.72 Ray Tomeh, Project Manager $ 124.55 Eric Hynes, Project Executive $ 146.68 Scott Larson/ Matt Swieringa, Construction Cost Estimators $ 121.44 (*) Flat rate, no multipliers applied. END OF SECTION Progressive Construction Manager at Risk Services 33 for Ruben Dario Park, Area 1 - District 3 RFQ No. 24-25-008 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - PCMAR INVOICE OFFICE OF OAK/AL CONSULTANTdCOflTRACTOR CITY v Of JPIAMI IIbF1104'EMENTS ST..NDA IOCIi RD IMO. I n Voleo Nabs Inaolae Dot.: Page: Ircmki7 PM®e.' Oantraat Con haal Pro)&A PruJeM Nflrnc: Purhoce•:IORNu: 'Rork !MR' .Iu 1 AL T6 E4524Ea Ic Nay°. Me. 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AIR :- RECTCR Progressive Construction Manager at Risk Services 34 for Ruben Dario Park, Area 1 - District 3 RFQ No. 24-25-008 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT EXHIBIT A - FEE PROPOSAL + PROJECT SCHEDULE Progressive Construction Manager at Risk Services 35 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 Ruben Dario Park Preconstruction Proposal Basis of Cost Estimate 6.6.25 GMP Solicitation & Negotiation Phase 1A Lump Sum Quantity Unit Position Percentage Allocated Total Hours Rate Total 8 Weeks Vice President 5% 16 $ 181.72 $2,907.58 8 Weeks Project Executive 30% 96 $ 135.99 $13,054.61 6 Weeks Project Manager 50% 120 $ 124.55 $14,946.12 8 Weeks Construction Cost Estimator 75% 240 $ 116.93 $28,062.72 Reimbursables Allowance Permit Runner Plans and Printing Advertisement Lump Sum Quantity 472 Hrs. $58,971 TOTAL LUMP SUM AMOUNT $58,971.02 Unit Rate Total 1 LS $ 7,000.00 $ 7,000.00 1 LS $ 3,000.00 $ 3,000.00 1 LS $ 2,000.00 $ 2,000.00 TOTAL REIMBURSABLES ALLOWANCE $ 12,000.00 TOTAL PHASE 1A $ 70,971 GMP Solicitation & Negotiation Phase 1B Percentage Allocation 12 Weeks Vice President 5% 12 Weeks Project Executive 30% 0 Weeks Project Manager 50% 12 Weeks Construction Cost Estimator 50% Reimbursables Allowance Permit Runner Plans and Printing Advertisement Design Related Site Investigation Allowance Quantity Total Hours 24 $ 144 $ 0 $ 240 $ Rate 181.72 135.99 124.55 116.93 Total $4,361.36 $19,581.91 $0.00 $28,062.72 408 Hrs. $52,006.00 TOTAL LUMP SUM AMOUNT $52,006.00 Unit Rate 1 LS $ 7,000.00 $ 1 LS $ 3,000.00 $ 1 LS $ 2,000.00 $ TOTAL REIMBURSABLES ALLOWANCE $ Total 7,000.00 3,000.00 2,000.00 12,000.00 TOTAL PHASE 1B $ 64,006.00 30,000.00 Total Preconstruction Phase 1A & 1B + Design Related Site Investigation $ 164,977 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 Pirtle Construction tivity ID Activity Name Ongnal Duration Slat Fnish August2025 ISepte b 2025 IOctolu2025 INovember2025 Demmber2025 2 I 03 I 10 I ] I 24 I 31 I 07 I 14 I 21 I 28 I 05 I 12 I 19 I 26 I 02 I 09 I 16 I 23 I 30 I 07 I 14 COM Ruben Dario Park Preconstruction ®01-Aug25 144Vw 25 ) 144Nov -25,COM Ruben Dano Paj< Preconstudon Project Milestones ®01-Aug25 14JVw 25 ) 144Nov 25, PrqectMllstones A1300 Preconstuaion NTP 0 01-Aug25* ♦ Preccnstuction NTP A1310 Subanbzdcr Soliatatim Phase 1A 0,01-Aug 25 ♦ S bcontradorSofh atat cn Phase 1A A1320 Submd GM P Phase 1A 0 11 Sep-25 ♦ SubrntG MP Phase lA A1360 Subanbzdcr Soliatatim Phase 1B 012 Sep -25 ♦ Subantizdcr Soliatation Phase 1B A1330 GMP Approval Phase 1A 0 25Sep r25 • GMPArproval Phase 1A A1370 Submd GM P Phase 1B 0 3100E25 ♦ S LmitG MP Phase 1B A1380 G MP Approval Phase 1B 0 14aNov -25 • G MP Approval Phase 1B Preconstruction MIIIIIMIIIME 13Nov -25, Preconsdudm A1070 Ccnstrudabilityand RFls Phase 1A 15 01-Aug25 21,Aug25 i Constiuctab lily and RF N Phase 1A A1090 Subantradcr Pnang Phase 1A 20 01-Aug25 28,Aug25 i SLLL,ntradcr Pnang Phase 1A A1030 Ccnstrudabilityand RFls Phase 1B 15 22-Aug25 11 Sep-25 - Constiuctab lily and RF N Phase 1B A1020 Pirtle R mew a id Prep GM P Phase 1A 10 29-Aug25* 11 Sep-25 .1 Ile eview a id Prep GMP Phase 1A A1040 Subantradcr Pnang Phase 1B 20 12Sep -25 09 Oct 25 i Subconb-acbrPnang Phase 1B A1060 COM R mew andApprwe GMP Phase 1A 10 12Sep -25 25Sep 25 COM Reiew aidApprove GM P Phase 1A A1080 Pirtle R mew a id Prep GM P Phase 1B 15 1000E25 30-0cE25 i n teR mew and Pre GMP Phase1B A1340 COM Reiew andApprwe G MP Phase 1B 10 31-00E25 13Nov 25 COM Review aidApprove GMP P4.se 1B COM Ruben Dario Park 7.16.25 Preconstruction Schedule Actual Work 1 1 Critical Remaining W... 1 I Remaining Work • • Milestone Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT EXHIBIT B - SITE PLAN Progressive Construction Manager at Risk Services 36 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 MARLINS WAY (NW 16th AVENUE) LEGEND NW 17th AVENUE SYMBOL DESCRIPTION 0 30,Y BASEBALL CLAY BASELINE ONLY OPLAYGROUND (22922S.F.) OPLAZA AREA 0 RECREATION CENTER TH ESTROOM FACILITIES 2,800S.F.) 0 PERFORMANCE PLAZ/PAVILON(+/-Z.S.F.) oPITCHING/RATTING PRACTICE oFITNESS AREA (9-TOUNITS) o MUPrs°RPOSEFI oFTNESS/WALKING TRAIL 0 NEWSTORAGEBUILDING (BODS.R) OVIOLETALIMENEEPAVILION (M.2J OPAVILIONS (20.xSY) (q PAVILIONS (20. xMY) 0 EXISTING TREE CANOPY OWATER FEATURE WITH SEAT WALL YOUTH „SOCCER FIELD (1SEW10, oYOUTH 6SOCCER FIELD (75.x1O, FIELD LIGHTING WALKWAY LIGHTING ART IN PUBLIC SPACES PEDESTRIAN CUIRCULATION OPOSED NOTES IGHT OF WAY ACGUI ITIO E ENDINGTOLOAN DEPOT PARKLOANDEPOT PA BENCHES, TABLES, AND CHAIRS TO BE PROVIDED THROUGHOUT PARK. STADIUM PROPOSED CIRCULATION LOOPS THROUGH PARK AND CONNECTS TO EXISTING PEDESTRIAN PLAZA AT MARLINS (LOAN DEPOT PARK) TO CREATE CONTINUOUS PEDESTRIAN CIRCULATION. PARK IS BEING VETTED FOR OUTFIELD NETTING. ARTIFICIAL TURF TO BE CONSIDERED FOR T HE FIELDS. PHASED DEVELOPMENT UNDER EVALUATION. MARLINS STADIUM (LOANDEPOT PARK) OPEN GREEN SPACE 60 feet Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT EXHIBIT C - CERTIFICATES OF INSURANCE Progressive Construction Manager at Risk Services 37 RFQ No. 24-25-008 for Ruben Dario Park, Area 1 - District 3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 PIRTCON-02 TBUTLER , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 7/17/2025 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 Acrisure Southeast Partners Insurance Services, LLC 1317 Citizens Blvd Leesburg, FL 34748 CONTACT NAME: PHONE FAX (A/C, No, Ext): (800) 845-8437 (A/C, No): E-MAIL DD ESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED James B. Pirtle Construction Company Inc. dba Pirtle Construction Company 500 W Cypress Creek Rd Suite 100 Fort Lauderdale, FL 33309 INSURERB: National Fire Insurance Co of Hartford 20478 INSURER C: The Continental Insurance Company 35289 INSURERD: Pacific Insurance Company, Limited 10046 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH q, : ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR140 - DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES i 'IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA] D.$ ' IMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X x 5091001123 /�6 (/>t� �`,/<11,Q1(1/ ` U➢6 1/1/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR pREM GE SETO(Ea occurrUence) $ 100'000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PE� PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUOTOS ONLY X 509100110R _ A ` 1/1/2025 1/1/2026 COMBINEDSINGLE LIMIT$B (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) accident $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE /�f8140576 . 4(66 O O 1/1/2025 1/1/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below IQ N / A 5091001137 1/1/2025 1/1/2026 X 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 D Professional Liab $25K SIR 21CPIDR4042 21CPIDR4042 6/1/2025 6/1/2025 6/1/2026 6/1/2026 Each Claim Aggregate 2,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: RFQ No. 24-25-008 Progressive CM at R.sk Services for Ruben Dario Park City of Miami is included as Additional Insured with respects to General Liability and Auto Liability, on a primary and non-contributory basis, when required by written contract. Waiver of Subrogation in favor of City of Miami with respects to General Liability, when required by written contract. Umbrella follows form. 30 day Notice of Cancellation/10 days non-payment of premium in favor of certificate holder on the General liability and Auto liability policies. Retroactive Date of 02/27/2011 applies to Professional Liability Insurance CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Ave, 8th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 5.04 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 From: To: Subject: Date: Attachments: Quevedo, Terry Caseres. Luis; Gomez Jr., Francisco (Frank); Aviles. Yesenia RE: RFQ No. 24-25-008, Progressive CM at Risk Services for Ruben Dario Park - LSR for Pre -Construction Agreement Thursday, July 17, 2025 3:14:47 PM image014.pnq imaae016.Dnq image017.pnq imaae018.Dnq image020.pnq imaae021.Dnq image024.pnq imaae025.Dnq image026.pnq Luis The COI is adequate. Regards Terry M. Quevedo City of Miami Risk Management Department 14 NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@miamigov.com -.Sewrury, g„da,reeav, atira' %z�z���au� �. J OJ ;Q 'S°,(41/ From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, July 17, 2025 3:10 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: RFQ No. 24-25-008, Progressive CM at Risk Services for Ruben Dario Park - LSR for Pre - Construction Agreement Hi Frank, Here is revised COI. Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 City of Miami Legislation Resolution Enactment Number: R-24-0203 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15870 Final Action Date:5/23/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 11/27/23 REVISED" WITH "ATTACHMENT A - 05/23/24 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING "MARGARET PACE PARK, PARK AND WATERFRONT IMPROVEMENTS, PROJECT NO. 40-B233500"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements," established measures to stimulate the local economy by creating a process to expedite the award of professional services agreements and contracts for certain projects identified in an Attachment "A" of said Ordinance; and WHEREAS, in accordance with Sections 287.055 and 255.20, Florida Statutes, respectively, Section 18-117 also authorizes the City Manager to advertise for, receive, review, reject, and evaluate responses and award contracts for the listed projects; and WHEREAS, pursuant to Section 18-117(b) of the City Code, the City Commission may add or delete projects from Attachment "A" by Resolution; and WHEREAS, Resolution No. 14-0372 adopted on September 29, 2014, replaced the original Attachment "A" with "Attachment A - 9/10/14 REVISED"; and WHEREAS, Resolution No. 19-0187 adopted on May 9, 2019, replaced "Attachment A - 9/10/14 REVISED" with "Attachment A - 4/12/19 REVISED"; and WHEREAS, Resolution No. 20-0209 adopted on July 23, 2020, replaced "Attachment A — 4/12/19 REVISED" with "Attachment A - 6/17/20 REVISED Miami Recovery Initiative"; and WHEREAS, Resolution No. 24-0002 adopted on January 11, 2024, replaced "Attachment A — 6/17/20 REVISED Miami Recovery Initiative" with "Attachment A - 11/27/23"; and Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 WHEREAS, considering these projects require efficiency across planning, procurement, and implementation of program components, the City's Office of Capital Improvements ("OCI"), the Department of Parks and Recreation ("Parks"), and the City Manager recommend replacing "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated for the purpose of including "Margaret Pace Park, Park and Waterfront Improvements, Project No. 40-B233500"; and WHEREAS, pursuant to Section 18-117(e) of the City Code, amongst the requirements for such projects, the City's Office of Management and Budget ("Budget") will perform a review of budgetary availability prior to the time of award of any contract for the same. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment of the City's list of expedited projects pursuant to Section 18-117 of the City Code by replacing the current "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated, for the purpose of including "Margaret Pace Park, Park and Waterfront Improvements, Project No. 40-B233500" is hereby authorized. Section 3. Funding shall be allocated from various sources including, but not limited to, the Miami Forever Bonds, as well as other local, state, and federal stimulus funding, if and when available. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, including any agreements, amendments, and extensions, subject to all allocations, appropriations, and budgetary approvals having been previously made, and in compliance with all applicable provisions of the City Code, including the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ngg III, City htto`rjey / 5/14/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all regulations that may be imposed by the City Attorney including, but not limited to, those prescribed by applicable City Charter and City Code provisions. Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 .GI r11Y1 Detail by Entity Name DIVISION OF CORPORATIONS '! DivriirJ,: Jl. fi � +r rl :2.----i,(4,,/,-/).org r op pp,i�� r r IDI.ri an official Safe of Florida svek.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. Filing Information Document Number 328833 FEI/EIN Number 59-1211364 Date Filed 04/15/1968 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 01/29/2025 Event Effective Date 01/29/2025 Principal Address 500 W. CYPRESS CREEK ROAD, STE. 100 FORT LAUDERDALE, FL 33309-6127 Changed: 01/29/2025 Mailing Address 500 W. CYPRESS CREEK ROAD, STE. 100 FORT LAUDERDALE, FL 33309-6127 Changed: 01/29/2025 Registered Agent Name & Address GEARY, MICHAEL 500 W. CYPRESS CREEK ROAD, STE. 100 FORT LAUDERDALE, FL 33309-6127 Name Changed: 01/29/2025 Address Changed: 01/29/2025 Officer/Director Detail Name & Address Title Pres. https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=JAMESBP.. 1/3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 J/GJ, V.GI P11Y1 Detail by Entity Name GEARY, MICHAEL S 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title Treas/Sec Lipman, Darrell J 500 W Crpress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title Senior Vice President KATZ, JACOB 500 W Cypress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title VP Rodriguez, Richard 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title VP Armstrong, James 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Annual Reports Report Year Filed Date 2023 01/03/2023 2024 02/08/2024 2025 01/20/2025 Document Imams 01 /29/2025 -- Amended and Restated Articles 01/20/2025 --ANNUAL REPORT 02/08/2024 --ANNUAL REPORT 01/03/2023 --ANNUAL REPORT 01/05/2022 --ANNUAL REPORT 01/11/2021 --ANNUAL REPORT 01/14/2020 --ANNUAL REPORT 01/26/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=JAMESBP.. 2/3 Docusign Envelope ID: FEE26F97-105D-4BE5-90D6-8D83B4C3B6F3 J/J/GJ.GI P11Y1 Detail by Entity Name 01/10/2017 --ANNUAL REPORT 05/02/2016 -- Amendment 03/02/2016 --ANNUAL REPORT 01/16/2015 --ANNUAL REPORT 03/26/2014 --AMENDED ANNUAL REPORT 01/06/2014 --ANNUAL REPORT 06/06/2013 --AMENDED ANNUAL REPORT 01/16/2013 --ANNUAL REPORT 12/12/2012 --ANNUAL REPORT 01/03/2012 --ANNUAL REPORT 02/02/2011 --ANNUAL REPORT 01/12/2010 --ANNUAL REPORT 01/09/2009 --ANNUAL REPORT 04/30/2008 --ANNUAL REPORT 04/23/2007 --ANNUAL REPORT 08/04/2006 --ANNUAL REPORT 01/07/2005 --ANNUAL REPORT 01/31/2004 --ANNUAL REPORT 05/02/2003 --ANNUAL REPORT 01/22/2002 --ANNUAL REPORT 01/29/2001 --ANNUAL REPORT 01/20/2000 --ANNUAL REPORT 01/06/1999 --ANNUAL REPORT 01/28/1998 --ANNUAL REPORT 01/29/1997 --ANNUAL REPORT 01/24/1996 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=JAMESBP... 3/3 Olivera, Rosemary From: Caseres, Luis Sent: Thursday, July 31, 2025 12:41 PM To: Sagesse, Max; Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Badia, Hector; Darrington, Mario; McGinnis, Lai -Wan Cc: Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Reinike-Heinemann, Evelyn; Roberts, Frankeetha; Ewan, Nicole; McKinnon, Charles Subject: Document Distribution - PCMAR Services for Ruben Dario Park Infrastructure Improvements Phase 1 D3 Attachments: RFP_24-25-008-PCMAR_Services_for_Ruben_Dario_Executed 07-31-2025.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. Rei n i ke/Fran keetha You may now close this Matter ID 25-1856 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Pre -Construction Services Agreement First Party: City of Miami Second Party: James B. Pirtle Construction Company, Inc. Program/Purpose: PCMAR Services for Ruben Dario Park Infrastructure Improvements Phase 1 D3 Effective Date: 07/31/2025 Best regards, i LuA.- Cc e re k 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. 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