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24367
AGREEMENT INFORMATION AGREEMENT NUMBER 24367 NAME/TYPE OF AGREEMENT VOLKERT INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/CONSTRUCTION ENGINEERING & INSPECTION SERVICES FOR OVERTOWN GREENWAY AT NW 11 TH STREET (FROM NW 7TH AVE TO NW 12TH AVE) - PROJECT B-173648/MATTER ID: 23-650 EFFECTIVE DATE April 19, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/19/2023 DATE RECEIVED FROM ISSUING DEPT. 4/19/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Volkert, Inc. EXT. 1895 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $366,054.64 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑■ YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) PSA between City of Miami and Volkert, Inc. for Construction Engineering and Inspection Services for Overtown Greenway, RFQ 17-18-049 COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: The Fiscal impact to the City of Miami as a result of the work included under this contract will not exceed the City Manager's delegated Authority of $500K ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL�IRECTOR Reviewe y FVP. OK to procee April 6, 2023 �`nl� %rtg Eer DocuSigned by: � ...4-A.4:o- f"e..1.e., SUBMITTED TO RISK MANAGEMENT April 6, 2023 IA�-.N��rie44SI��C�p�—DocuSignedby: '-89540EB73CAC468... SUBMITTED TO CITY ATTORNEY Matter ID# 23-650 TM 23-650 April 14, 2023 Victoria Mendez I 19:08:14 E —27395C6318214E7... T DocuSignedby: ---9-.1 pI �r� AnINV,aWad'I'2' �P3bIELEM 4/17/2023 April 17, 2023 G�T Viir e 3: ij ED � ®6HSw-`9457... APPROVAL BY ASSISTANT CITY MANAGER April 18, 2023 Larry Spring I 15:00:59 E DocuSigned by5495— T 46 — C9D2602B97E54D4... DocuSigned by: DT O 4t, itut wabeu RECEIVED BY CITY MANAGER April 18, 2023 Arth r NNrle I 1 :1$O•r - DocuSigned by: D� NbVtuy, SUBMITTED TO AND ATTESTED BY CITY CLERK,,__ April 19, 2023 1-1O11!1:Crt3 Errr—DocuSignedby: 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT \-- E46D7560DCF1459_. PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23095 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT OVERVIEW 1. PSA TITLE: Professional Services Agreement between the City of Miami and Volkert, Inc. for Construction Engineering and Inspection Services for Overtown Greenway, RFQ No. 17- 18-049 2. AWARD DELEGATED AUTHORITY: ® City Manager — Authority level of $500,000.00 ❑ City Commission ❑ Emergency Declaration under FS § 287.055 3. WHAT IS THE SCOPE OF SERVICES? The Consultant agrees to provide comprehensive professional services in accordance with all applicable laws and building regulations, including the Florida Building Code the City of Miami, Florida Code of Ordinances, as set forth in this Agreement and further enumerated in any Work Orders. Consultant shall furnish comprehensive professional services for the Projects including, but not limited to, those described in Article A2, "Basic Services." The Consultant represents to the City, that Consultant is now, upon execution of this Agreement and shall, at all times during the term of this Agreement, remain fully qualified, competent, and capable to perform the Services under this Agreement. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? OCI 5. IS THE AWARDEE THE INCUMBENT? N/A 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of services required from the Consultant and submission of the close out payment requisition. 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Consultant selected under Florida Statutes, Section 287.055, CCNA. DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Service Category Contract Type Consultant CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Construction Engineering and Inspection Services for Overtown Greenway at NW 11 th Street (from NW 7th Ave to NW 12th Ave) Project B-173648 (RFQ No. 17-18-049) Project Specific Volkert, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 SCOPE OF SERVICES 6 2.03 COMPENSATION 6 ARTICLE 3 PERFORMANCE 6 3.01 PERFORMANCE AND DELEGATION 6 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 6 3.03 CONSULTANT KEY STAFF 6 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 7 ARTICLE 4 SUB -CONSULTANTS 7 4.01 GENERAL 7 4.02 SUBCONSULTANT RELATIONSHIPS 7 4.03 CHANGES TO SUBCONSULTANTS 7 ARTICLE 5 DEFAULT 7 5.01 GENERAL 7 5.02 CONDITIONS OF DEFAULT 8 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8 ARTICLE 6 TERMINATION OF AGREEMENT 8 6.01 CITY'S RIGHT TO TERMINATE 8 6.02 CONSULTANT'S RIGHT TO TERMINATE 8 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 8 ARTICLE 7 DOCUMENTS AND RECORDS 9 7.01 OWNERSHIP OF DOCUMENTS 9 7.02 DELIVERY UPON REQUEST OR CANCELLATION 9 7.03 RE -USE BY CITY 9 7.04 NONDISCLOSURE 9 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 9 7.06 E- VERIFY 10 ARTICLE 8 INDEMNIFICATION 10 ARTICLE 9 INSURANCE 11 9.01 COMPANIES PROVIDING COVERAGE 11 9.02 VERIFICATION OF INSURANCE COVERAGE 11 9.03 FORMS OF COVERAGE 11 9.04 MODIFICATIONS TO COVERAGE 12 ARTICLE 10 MISCELLANEOUS 12 10.01 AUDIT RIGHTS 12 10.02 ENTIRE AGREEMENT 12 10.03 SUCCESSORS AND ASSIGNS 12 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 12 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 12 10.06 NOTICES 12 10.07 INTERPRETATION 13 10.08 JOINT PREPARATION 14 10.09 PRIORITY OF PROVISIONS 14 10.10 MEDIATION - WAIVER OF JURY TRIAL 14 10.11 TIME IS OF THE ESSENCE 14 10.12 COMPLIANCE WITH LAWS 14 10.13 NO PARTNERSHIP 15 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 10.14 DISCRETION OF DIRECTOR 15 10.15 RESOLUTION OF CONTRACT DISPUTES 15 10.16 INDEPENDENT CONTRACTOR 15 10.17 CONTINGENCY CLAUSE 16 10.18 THIRD PARTY BENEFICIARY 16 10.19 ADDITIONAL TERMS AND CONDITIONS 16 10.20 SEVERABILITY 16 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 16 ATTACHMENT A - SCOPE OF WORK 20 ARTICLE Al GENERAL 20 A1.01 SCOPE OF SERVICES 20 ARTICLE A2 BASIC SERVICES 20 A2.01 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES 20 A2.02 COORDINATION 20 A2.03 GENERAL REQUIREMENTS 20 A2.04 CONSTRUCTION ENGINEERING AND INSPECTION DUTIES 21 A2.05 VERIFICATION SAMPLING AND TESTING 22 A2.06 VERIFICATION INSPECTION SERVICES 22 A2.07 PERSONNEL 25 A2.08 STAFFING 27 A2.09 TIME FRAMES FOR COMPLETION 27 ARTICLE A3 CHANGE ORDERS 27 ARTICLE A4 REIMBURSABLE EXPENSES 27 A4.01 GENERAL 27 ARTICLE A5 CITY'S RESPONSIBILITIES 28 A5.01 PROJECT & SITE INFORMATION 28 ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT 28 SCHEDULE Al - SUB -CONSULTANTS 29 SCHEDULE A2 - KEY STAFF 29 ATTACHMENT B - COMPENSATION AND PAYMENTS 30 ARTICLE B1 METHOD OF COMPENSATION 30 B1.01 COMPENSATION LIMITS 30 B1.02 CONSULTANT NOT TO EXCEED 30 ARTICLE B2 WAGE RATES 30 B2.01 FEE BASIS 30 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 30 B2.03 MULTIPLIER 30 B2.04 CALCULATION 30 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 30 B2.06 ESCALATION 30 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 31 B3.01 HOURLY RATE FEES 31 B3.02 REIMBURSABLE EXPENSES 31 B3.03 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 31 B3.04 FEES FOR ADDITIONAL SERVICES 31 B3.05 PAYMENT EXCLUSIONS 32 B3.06 FEES RESULTING FROM PROJECT SUSPENSION 32 ARTICLE B4 PAYMENTS TO THE CONSULTANT 32 B4.01 PAYMENTS GENERALLY 32 B4.02 FOR COMPREHENSIVE BASIC SERVICES 32 B4.03 BILLING - HOURLY RATE 32 B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 32 B4.05 DEDUCTIONS 32 ARTICLE B6 REIMBURSABLE EXPENSES 32 B.5.01 GENERAL 32 B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS 33 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 33 SCHEDULE B1 - WAGE RATES SUMMARY 34 SCHEDULE B2 - CONSULTANT INVOICE 35 Construction Engineering and Inspection Services 2 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Construction Engineering and Inspection Services for Overtown Greenway at NW 11t" Street (from NW 7t" Ave to NW 12t" Ave) - Project B-173648 (RFQ No. 17-18-049) Project Specific Volkert, Inc. 200 South Andrews Avenue, 8111 Floor, Ft. Lauderdale, FL 33301 Section 18-87, City of Miami Code 17-18-049 This Professional Services Agreement ("Agreement") made this 19 day of April in the year 2023 ("Agreement") by and between the City of Miami, Florida, hereinafter called the "City," and Volkert, Inc., hereinafter called the "Consultant." RECITALS A. The City issued a Request for Qualifications ("RFQ") No. 17-18-049 on May 29, 2019, for the provision of Construction Engineering and Inspection Services for Overtown Greenway at NW 11t" Street (from NW 7t" Ave to NW 12t" Ave) ("Services") and Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full. B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Construction Engineering and Inspection Services 3 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL 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 Attachments mean the Attachments to this Agreement which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's performance is pursuant to 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 City's authority as a governmental body and shall not be attributable in any manner to City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager. 1.08 Construction Training/Qualification Program (CTQP) means the City program for training and qualifying technicians in Aggregates, Concrete, Earth work, and Asphalt. The University of Florida Transportation Research Center (TRC) administers this program. Program information is available at the CTQP website. 1.09 Commission means the legislative body of the City of Miami. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, which has entered into the Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Construction Project Manager means the City employee assigned to manage the Construction Engineering and Inspection Services Agreement and represent the City during the performance of the services covered under this Agreement. 1.13 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI') formerly known as Capital Improvements and Transportation Program ("CITP"). 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 the purpose of this Agreement, the Director is the top administrator of the Office of Capital Improvements or designee. 1.15 Errors means items in the plans, specifications or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the construction contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.16 Errors and Omissions means design defects or deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as intended. 1.17 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make inspections of Work performed by a Contractor. 1.18 Notice to Proceed means same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent has been met and/or directing that Consultant may begin work on the Project. Construction Engineering and Inspection Services 4 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 1.19 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.20 Omissions means items in the plans, specifications or other documents prepared by the Consultant that are not shown or included which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.21 Primary Services mean those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.22 Program means the City's multi -year Capital Plan, 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. 1.23 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Services to be performed under this Agreement and the construction of a project as a direct representative of the City. 1.24 Project means the 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. 1.25 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 Professional Services Agreement ("Agreement" or "PSA") means this Agreement and all attachments and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments this PSA shall control. 1.27 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement or increase the Project Budget, among other matters. 1.28 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.29 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables and milestones required for the completion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.30 Sub-Consultant/Sub-Contractor means a person or organization of properly registered professional architects, engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to Consultant and/or Sub -Consultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by, or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City authorizing the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific Project or phase of a Project. Construction Engineering and Inspection Services 5 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant and the City. 2.02 SCOPE OF SERVICES Consultant agrees to provide the Services as specifically described and set forth in Attachment "A - Scope of Services" hereto, which by this reference is incorporated into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed the total value of award, in the amount of Three Hundred Sixty -Six Thousand Fifty -Four Dollars and Sixty -Four Cents ($366,054.64), inclusive of a 10% Owner's Contingency Allowance, as detailed in Exhibit A, "Scope of Work," attached hereto, for the services as described, 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. The work may never exceed the limitations provided in §287.055 (2)(g), Florida Statutes. The City may, in its sole and absolute discretion, use other compensation methodologies. 2.03-2 Payments Unless otherwise specifically provided in Attachment B, "Compensation and Payments," payment shall be made in accordance with Chapter 218, Florida Statutes, Part VII, Local Government Prompt Payment Act, after receipt of Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. Consultant shall utilize Schedule B2 for the submission of invoices. Invoicing shall be submitted on a monthly basis, and in accordance with Article B4, "Payments to the Consultant." ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. The approval shall not be construed as constituting an agreement between the City and said other person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or designee may make written request to Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Sub -Consultants or subcontractors, or any personnel of any such Sub -Consultants or sub -contractors engaged by the Consultant to provide and perform Services pursuant to the requirements of this Agreement. The Consultant shall respond to City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to said employees work under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key Staff." Consultant shall ensure that Key Staff are available for Work hereunder as long as said Key Staff is in Consultant's employ. Consultant will obtain prior written acceptance of Director or designee to change Key Staff. Consultant shall provide Director, or designee with such information as necessary to determine the suitability of proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to perform. Construction Engineering and Inspection Services 6 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the Director and to complete each assignment, task or phase within the time stipulated in the Notice to Proceed. Time is of the essence with respect to performance of this Agreement. A reasonable extension of the time for completion of various assignments, tasks or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claim by the Consultant for extra compensation. Time is of the essence in the performance of services under this agreement. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1 and Chapter 471 of the Florida Statutes, as amended. Consultant shall perform due diligence, in accordance with the degree of skill and care ordinarily used by practitioners of the same discipline when performing the same or similar services, under the same or similar circumstances, and operating in the same or similar area, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications, or other Services. ARTICLE 4 SUB -CONSULTANTS 4.01 GENERAL 4.01-1 A Sub -Consultant, as defined in Article 1.30 is a firm that was identified as part of the consulting team in the competitive selection process by which Consultant was chosen to perform the services under this Agreement, and as such, is identified and listed in Schedule Al attached hereto and incorporated by reference. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Sub -Consultants shall be performed pursuant to appropriate written agreements between the Consultant and the Sub -Consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Sub -Consultants. The Consultant acknowledges that Sub -Consultants are entirely under its direction, control, supervision, retention and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add or modify change any Sub -Consultant listed in Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed substitution. ARTICLE 5 DEFAULT 5.01 GENERAL If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant was in default shall be immediately returned to the City. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of default, City may also suspend or withhold reimbursements from the Consultant until such time as the actions giving rise to default have been cured. Construction Engineering and Inspection Services 7 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 5.02 CONDITIONS OF DEFAULT A finding of default and subsequent termination for cause may include, without limitation, any of the following: 5.02-1 Consultant fails to obtain or maintain the professional engineering certification/licensure, insurance or bonding herein required. 5.02-2 Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such default. 5.02-3 Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default. The Consultant shall take all necessary action to cure said Default within twenty (20) days of receiving said notice, after which time the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the City Manager, Director, or the Director's authorized designee, has the right to terminate this Agreement for any reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Services authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's authorized designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Consultant until all documentation is delivered to the Director or designee. 6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except to retain the fees earned compensation for the Services that was 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. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a written statement from Consultant specifying its breach of its duties under this Agreement. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Construction Engineering and Inspection Services 8 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, 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 Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to City at any time during the performance of such services and/or upon completion or termination of this Agreement. Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit the site for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such documents. Consultant shall have no recourse to these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant agreements and/or Work Orders for new Services will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without Director or designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, Sub - Consultants and subcontractors to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concerns or reflects its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the Construction Engineering and Inspection Services 9 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E- VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultant performing work or providing services pursuant to the Contract 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 subcontractor during the Contract term. ARTICLE 8 INDEMNIFICATION To the fullest extent permitted by law, the Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. Construction Engineering and Inspection Services 10 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained all insurance required hereunder and the City's Risk Manager or his/her authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Risk Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with equal or better rating as identified herein for the term of this contract. Consultant shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator within ten (10) days of written request. 9.03 FORMS OF COVERAGE 9.03-1 COMMERCIAL GENERAL LIABILITY The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) days/ten (10) days for non-payment. 9.03-2 BUSINESS AUTOMOBILE The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read (30) days/ (10) days for nonpayment. 9.03-3 PROFESSIONAL LIABILITY INSURANCE The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $1,000,000.00 per claim, $1,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one year after completion of the construction and acceptance of any project covered by this Agreement. 9.03-4 WORKER'S COMPENSATION INSURANCE The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. Construction Engineering and Inspection Services 11 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 9.03-5 SUB -CONSULTANT COMPLIANCE Consultant shall ensure that all Sub -consultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any transference without City Commission approval shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed Assignee and the execution of an Assignment/Assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. 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 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 Consultant's duties to indemnify the City under Article 8 where Consultant shall pay the City's reasonable attorney's fees. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at Construction Engineering and Inspection Services 12 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez@miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1236 For Consultant: Volkert, Inc. Teresa Driskell Vice President/Southeast Region CEI Manager 2300 Maitland Center Parkway Suite 320, Maitland FL 32751 Email: Teresa.Driskell@volkert.com Phone: 772-216-5733 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 Construction Engineering and Inspection Services 13 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular 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 of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. Where state law and federal law are in conflict, the City will follow the most restrictive requirement, except in cases where the state or local requirement is in direct violation of federal requirements. 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 Consultant agrees to include such similar contract provisions with all Sub -Consultants and/or independent contractors and/or Consultants 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 IS OF THE ESSENCE Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 NON-DISCRIMINATION 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 Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, gender, gender identity, religion, age, handicap, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA COMPLIANCE The Consultant warrants that it will comply with all safety precautions as required by federal, state, or local laws, rules, regulations, and ordinances. The City reserves the right to refuse Consultant access to City property, including project jobsites, if Consultant employees are not properly Construction Engineering and Inspection Services 14 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. 10.12-3 ADA COMPLIANCE Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I & II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, -the Consultant shall take affirmative steps to insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP A Consultant is an independent contractor. This Agreement does not create a joint venture, partnership, or other business enterprise between the parties. The Consultant has no authority to bind the City to any promise, debt, default, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute, the Consultant shall submit their dispute in writing within five calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification the Director shall review the issues relative to the dispute and issue a written finding. Consultant must submit any further appeal in writing within five calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for his/her resolution is required prior to Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) 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) days has expired where 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 Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, and agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering services to the City under this Agreement. Construction Engineering and Inspection Services 15 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. 10.18 THIRD PARTY BENEFICIARY Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third - party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Engineering and Inspection Services 16 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Volkert, Inc., a Foreign Profit Corporation jiQAA) 6,0 ture rtir2rak Print Name, Title of Authorized Oiicer or Official ATTEST: d4Nss, DOM sultant Secretary (Affirm Consultant Seal, if available) • ■.t ATTEST p-DocuSigned by: 'Ed6ZSnODCF1454 Todd B. Hannon, City Clerk Signature David N McFarlin, Senior Vice President Print Name, Title of Authorized Officer or Official (Corporate CITY OF MIAMI, a municipal corporation of the State of Florida ,-DocuSigned by: ..— DocuSigrj �2DD2. Arthurf onega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: -DocuSigned by: FV'alnk Dwkt,r) 7-3.9.5C6314214E7 Ann Marie Sharpe, Director Risk Management Department APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,-DocuSigned by: --)4"j2 V7 cto a' Mle dez, City Attorney Construction Engineering and Inspection Services 17 for Overtown Greenway at NW l lth Street (from NW 7th Ave. to NW 12th Ave.) r? Ds TMF 23 -650 RFQ No. 17-18-049 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of Alabama , held on the 4 day of May , 20_, a resolution was duly passed and adopted authorizing (Name) David N. McFarlin as (Title) Senior Vice President of the corporation to execute agreements on behalf of the corporation and providing that his/her 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. AO! (� IN WITNESS WHEREOF, I have hereunto set my hand this A-!''; day of f` 1ald71 , 20 Secretary: Print: L�Ok 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 his/her 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 Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) 18 RFQ No. 17-18-049 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this " day of March 20 23 by David N. Mcfarlin , who is personally known to me or who has produced NSA as identification and who (did / did not) take an oath. SIGNATURE O OTARY PUBLIO STATE OF et NANCY R. PELZER MY COMMISSION 4 GG 366448 � EXPIRES: September 6, 2023 Nancy Pelzer sf:ea'' BaMedThruMaryPubicUndemr@ersJ PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Construction Engineering and Inspection Services 19 RFQ No. 17-18-049 for Overtown Greenway at NW 11 th Street (from NW 7ih Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK RFQ 17-18-049 ARTICLE Al GENERAL The Consultant shall provide Construction Engineering and Inspection (CEI) services during the construction and completion of the Overtown Greenway at NW l lth Street (from NW 7th Ave to NW 12th Ave) project (City Project No.: B-173648). Consultant shall provide said services in accordance with Section §287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act ("CCNA"). A1.01 SCOPE OF SERVICES The Consultant agrees to provide comprehensive professional services in accordance with all applicable laws and building regulations, including the Florida Building Code the City of Miami, Florida Code of Ordinances, as set forth in this Agreement and further enumerated in any Work Orders. Consultant shall furnish comprehensive professional services for the Projects including, but not limited to, those described in Article A2, "Basic Services." ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete specified services as set forth in the Agreement, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, laws, codes and ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Services at all times to ensure its performance as specified in the Agreement. Consultant agrees to management of compliance and reporting requirements of federal funded projects. This includes, but is not limited to: (i) Educating contractor and ensuring contractor compliance with applicable FDOT requirements, Equal Employment Opportunity (EEO) requirements, Disadvantaged Business Enterprise requirements, Davis -Bacon requirements, On the Job Training (OJT) requirements, and ARRA reporting requirements (See Exhibit A). (ii) Gathering and managing submission of all required reports to various agencies as required by ARRA, other federal requirements, and FDOT requirements, as applicable. (Hi) Creating reimbursement requests for federal reimbursement, including all required reports and forms per FDOT and federal requirements, as applicable. (iv) Scheduling and supervising pre -construction meetings, OJT Post Pre -Construction Training Evaluation Meeting, EEO meetings, and any other ARRA, federal, or FDOT required meetings for all applicable projects, as applicable. (v) Performing required Labor/EEO Compliance Interviews and OJT Trainee Interviews as required. A2.01 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES The Consultant shall be fully responsible for conducting all functions necessary to provide CEI Services on Projects. The Consultant will be the City's representative during the construction phase of Projects and all communications to the Contractor will be given through the Consultant. The Consultant shall immediately advise the Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action taken. A2.02 COORDINATION The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the Services with the Project Manager. Upon request this information shall be made available to the Construction Program Manager. All activities and decisions of the Consultant relating to the projects shall be subject to review by the Program Manager. A2.03 GENERAL REQUIREMENTS General Requirements and responsibilities of the Consultant are provided in Article Al General. Requirements and activities to be undertaken by the Consultant shall be as detailed in each Work Order Proposal accepted and pursuant to the terms and conditions of this Agreement. The City may direct the Contractor to utilize a Contractor Quality Control program. The Consultant shall provide verification testing Construction Engineering and Inspection Services 20 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT and inspection for all assigned Projects, as specified in FDOT's standard specifications, as applicable and unless otherwise directed. A2.04 CONSTRUCTION ENGINEERING AND INSPECTION DUTIES The Consultant shall perform all services necessary to properly coordinate the activities of all parties involved in completing the Project. These include maintaining complete and accurate records of all activities and events relating to the Project; properly documenting all significant Project changes; interpreting plans, specifications, and construction contract provisions; making recommendations to the City to resolve disputes; and maintaining an adequate level of surveillance of Contractor activities. All documentation will comply with standard City procedures, formats, and content. The Consultant shall obtain the Construction Project Manager's approval for all procedures and processes. Services include, but are not limited to, the following: (i) Meetings Schedule and attend, within ten (10) days after the Notice to Proceed, pre -construction meeting for the Project in accordance with City procedures. The Consultant shall provide appropriate staff to attend and participate in the pre -construction meeting. The Consultant shall record a complete and concise record of the pre -construction meeting and distribute copies of the meeting minutes to all participants and other required parties within five (5) calendar days. (ii) Contractor Monitoring Monitor Contractor's work and assure that the Contractor is conducting inspections, preparing reports, and monitoring all Stormwater pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one staff person who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Stormwater Discharges from Construction Sites" and guidelines developed by the City. (iii) Schedule Review Review the Contractor's baseline schedule and any subsequent revisions for compliance with contract requirements. (iv) Problem Resolution Analyze problems that arise on a project and proposals submitted by the Contractor, prepare, and submit recommendations to the Construction Project Manager, and process the necessary paperwork. (v) Payment Review Produce reports; verify quantity calculations, and field measure for payment purposes as required. (vi) Traffic Control Responsible for review of Work Zone traffic control plan design, implementation, and inspection of maintenance of traffic schemes and devices in work zones to assure they are in accordance with the City's requirements. (vii) Public Information Provide public information services as required to support the City and assist in managing inquiries from the public, public officials, and the news media. Prepare fact sheets for internal distribution as requested. The Construction Project Manager shall approve all notices, newsletters, brochures, responses to news media, etc., prior to release. (viii) Project Journal Maintain both a detailed electronic and hard copy diary with accurate records of the Contractor's operations, quantities, testing data, and of noteworthy events that affect the work. Submit to the Construction Project Manager a daily construction report utilizing the City's MPCS and provide electronic copies on a monthly basis. Construction Engineering and Inspection Services 21 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT A2.05 VERIFICATION SAMPLING AND TESTING The Consultant shall perform sampling and testing in accordance with the requirements defined in the applicable project specifications and standards, such as Verification Sampling and Testing as defined in the latest versions of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and FDOT's Construction Project Administration Manual (CPAM), as applicable. A2.05-1 PLANT INSPECTION & MATERIAL SAMPLING The Consultant and/or the Consultant's lab will perform plant inspection and sampling of materials and components at remote locations (from the vicinity of the project) in accordance with the applicable requirements. A2.05-2 JOB CONTROL SAMPLES The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, FDOT label, FDOT stamp, etc. A2.05-3 SAMPLE TRANSPORT The Consultant shall be responsible for transporting samples, cylinders, beams, etc. to an approved laboratory for testing. The laboratory shall not be the same laboratory the contractor is using for their acceptance testing. A2.05-4 DOCUMENTATION Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. The Consultant will input verification testing information and data into the City's MPCS, using PDAs on a daily basis, or as otherwise directed by the Construction Project Manager. Designated Consultant personnel will be provided instructions for performing this task. A2.06 VERIFICATION INSPECTION SERVICES The Consultant shall monitor the Contractor's on -site construction activities and inspect materials as required to assure that the work is completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. Unless otherwise directed by City, all verification inspections shall be in accordance with the requirements of the latest versions of the Florida Department of Transportation (FDOT) Standard Specifications (Red Book) and FDOT's Construction Project Administration Manual (CPAM). The Consultant shall observe, record, and report the Contractor's work progress to determine that the Work is in general conformance with the requirements of the Contract Documents. This shall include, without limitation, documenting activity observed and making note of deficiencies and issues requiring resolution; noting construction deficiencies and punch list items; making photograph or video records of construction as deemed necessary, and labeling and logging photos and videotapes. A2.06-1 SITE CONDITIONS REVIEW Review site conditions during construction to determine that the Contractor is maintaining site - related items in accordance with the Contract Documents. Document any deficiencies and notify the Contractor and the Construction Project. A2.06-2 SOILS TESTING Coordinate the Engineering and Inspection of backfill, compaction and perform all required testing. Monitor reports of compaction densities for trench backfill, and general site backfill to ascertain that minimum specified densities are achieved. Review all test results submitted to verify compliance with specified requirements and maintain project log. Verify that areas of failing compaction are corrected to specified criteria. A2.06-3 CONCRETE TESTING Coordinate and perform sampling and testing of concrete and monitor concrete test reports to ascertain specified strengths are achieved. Follow up non -passing tests and evaluate to determine structural implications for the affected construction. A2.06-4 PROJECT MEETINGS Administer weekly project meetings with appropriate team members in attendance. Prepare and distribute meeting minutes to attendees. Note changes and/or corrections and ensure all attendees approve minutes at subsequent weekly meetings. Construction Engineering and Inspection Services 22 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT A2.06-5 STORED MATERIAL/EQUIPMENT REVIEW Review stored materials and/or equipment for quantity and quality verification for Contractor payment and to verify that equipment and/or materials are adequately protected until installed. Coordinate with Contractor to facilitate review of major items prior to unloading and storage. Regularly review Contractor's storage areas to determine compliance with the Contract Documents. Notify the Contractor of any damaged or improperly stored materials. Adjust payments properly for damaged or improperly stored equipment. A2.06-6 PROJECT PHOTO AND VIDEO DOCUMENTATION Utilize project video and still photo camera equipment to document construction, video meetings, and record operation and maintenance training session. Develop and maintain a log to enable easy retrieval of visual information. Coordinate taping of operator training sessions, major meetings, and major construction events. A2.06-7 RECORD DRAWING REVIEW Throughout the course of the project, review as -recorded drawings to verify the Contract Drawings are noted to reflect actual construction. Review monthly status of as -recorded drawings and verify for monthly pay applications. Refer to Field Order and Change Proposal Request (CPR) logs to identify areas of construction revision. Notify Contractor in a timely fashion of deficiencies noted. Provide follow up to verify Contractor brings as -recorded drawing status up to date. A2.06-8 DEVELOP A PROGRESSIVE LIST OF ITEMS REQUIRING CORRECTION Develop and provide to Contractor an on -going list of items requiring correction to encourage the timely correction of noted construction deficiencies. Monitor construction throughout the project duration and identify deficient items. Provide Contractor with an updated list at monthly construction meetings. As deficiencies are corrected, revise the list by deleting corrected items. Distribute the list updates to authorized parties. A2.06-9 MANUFACTURER'S O&M TRAINING REVIEW Review the quantity and quality of specified manufacture's training and associated O&M manuals. Review Contract Documents with the Contractor to establish which equipment requires training and the number of hours required. Review manufacturer's training outlines and materials for completeness. Observe training sessions to verify both field and classroom training is provided. Collect and log operator equipment training certification forms. A2.06-10 NOTIFICATION OF ACCIDENT DAMAGE/INJURY Document any Engineering and Inspections made of property damage or personal injury accidents on site and provide a written report to the Construction Project Manager. Require lost -time accident reports at construction meetings. A2.06-11 CONTRACT INTERPRETATIONS AND MODIFICATIONS Receive, log and coordinate reviews and responses to Contractor's Requests For Information/Interpretations (RFI's). Responses to RFI's are required to be provided to the Contractor within seven (7) days. Prepare and issue response letters, field orders, or Change Proposal Requests as required. A2.06-12 ADMINISTRATION OF CHANGED WORK Track changes from initiation through completion. Estimate cost and time impacts and assist with negotiation of changes in contract time and cost. Prepare change orders to incorporate changes within Contract Documents. Evaluate Project on a continual basis to determine when changes are required. Initiate necessary changes in the form of Change Proposal Requests. Review costs presented by Contractor on Change Proposal Requests. Assist with negotiation of final pricing as required. Assemble approved Change Proposal Requests periodically into Change Orders. Include justification documents with each Change Order. Maintain current status log of all Change Proposal Requests and Change Orders. Review as -recorded drawings to verify changes in work are reflected as applicable. Review pay requests to verify Change Order items are broken out and that payment is not made until work is complete. A2.06-13 FIELD ORDERS Construction Engineering and Inspection Services 23 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT Provide coordination and review to identify the need for minor changes in the Work consistent with the design intent, and issue Field Orders to communicate the details of the minor changes involving no change in contract time or contract price. A2.06-14 COORDINATE AND ISSUE CHANGE PROPOSAL REQUESTS (CPR'S) Provide coordination and review to identify needed changes in the Work consistent with the design intent that involve changes in contract price and/or time, and issue CPRs to communicate the details of the changes and request pricing by the Contractor. Collect technical information and evaluate proposed change. Prepare technical description of the CPR using necessary graphic details and specifications. Prepare Engineer's Opinion of Cost and evaluation of impact on Contract Time. A2.06-15 WORK CHANGE DIRECTIVES Issue Work Change Directives (WCD), as required, to authorize change or extra Work to proceed on a time and material basis when Change Proposal Request finalization is not expedient or possible. Observe Time and Material (T&M) work and reconcile T&M costs with Contractor on a daily basis. Finalize WCD's when associated work is completed in an appropriate Change Order. A2.06-16 CHANGE ORDERS Coordinate the combining of Change Proposal Requests, Work Change Directives and Field Orders into Change Orders, and assemble the documentation, prepare the Change Order package, and circulate for execution by the Consultant, Contractor, and Construction Project Manager. Update CPR and Change Order logs and provide status reports tracking the execution of Change Orders. A2.06-17 MEASUREMENT AND PAYMENT Review and approve the Contractor's Schedule of Values (cost breakdown) to establish a reasonably balanced distribution of costs to the various elements of the total construction to serve as a basis for progress payments and determination of cost impact of changes. Notify Contractor with either letter of acceptance or letter of rejection noting exceptions to obvious or apparent areas of unbalanced costs. A2.06-18 REVIEW AND PROCESS CONTRACTOR'S APPLICATIONS FOR PAYMENT Receive and review draft application for payment prepared by the Contractor and note and attempt to reconcile discrepancies between Engineer's estimate of progress and Contractor's application. Review draft application for payment in comparison to measured or estimated quantities. Make notations of deficient work not recommended for payment until corrected; deletion of payment for stored materials and/or equipment which do not have approved shop drawings and/or proper invoices; reduction of value for partially completed items claimed as complete. Return a copy of the reviewed draft to the Contractor. Meet with Contractor to reconcile discrepancies. Review revised application for payment and, if appropriate, advises Contractor to submit the required number of copies. Forward copies to the Construction Project Manager for processing. A2.06-19 PROJECT CLOSEOUT Receive and review Contractor's required substantial completion submittal and determine if Project is ready for substantial completion inspection. Develop substantial completion submittal checklist and perform the following activities: verify submittal of all required documents; review Contractor Record Drawings; perform drafting of Record Drawing revisions on reproducible set and transmit to the Construction Project Manager; review other substantial completion submittal documents for completeness and compliance with Contract provisions; and schedule substantial completion inspection. A2.06-20 CONDUCT SUBSTANTIAL COMPLETION INSPECTION Coordinate, conduct and document the substantial completion inspection. Notify all project team members of the date of substantial completion inspection. Prepare and distribute the punch list format to the parties conducting the inspection. Review progress of corrective action on punch list items, periodically updates, and re -issue. Identify tentative date of substantial completion and prepare and issue Certificate of Substantial Completion with a list of stated qualifications (punch list). Construction Engineering and Inspection Services 24 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT A2.06-21 FINAL COMPLETION Receive and review the Contractor's required final completion submittal. Develop final completion submittal checklist. Verify submittal of all required documents and review for completeness and compliance with Contract provisions. Notify Construction Project Manager, Contractor, and other affected parties of date of final inspection. Coordinate, attend and conduct the final inspection meeting and physical walk-through of the Project. A2.06-22 FINAL PAYMENT Collect all payment documents required and forward them to the Construction Project Manager for processing along with the Contractors Final Application and Certificate for Payment. Finalize all project costs and determine the final adjusted amounts for construction. Obtain Contractor's signature on any required Contractor's Certification or Affidavits. Process and sign Final Application for Payment. Prepare transmittal letter indicating recommendation for Final Payment. Consultant shall review and provide initial recommendations on disputes or claims in response to written notification of claims made by the Contractor, in accordance with the provisions of the Contract Documents, asserting the right to an adjustment in either Contract Price or Contract Time. A2.07 PERSONNEL A2.07.1 GENERAL REQUIREMENTS The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements, and character to adequately perform the duties assigned for each specific assignment under this scope of work. Unless otherwise agreed by the City, the City will not compensate straight overtime or premium overtime. A2.07.2 CONSULTANTS SAFETY PROGRAM Individuals designated by the Consultant for the project should have an appropriate level of safety training for their assigned duties. A2.07.3 PERSONNEL QUALIFICATIONS The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the Project, including a detailed resume for each containing a minimum salary, education, and experience. A request for approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Before the project begins, all project staff shall have a working knowledge of the current FDOT Construction Project Administration Manual (CPAM) and must possess all the necessary certifications for obtaining the duties of the position they hold. The Consultant Project Manager shall ensure that the City of Miami's current practices, policies, and procedures are met throughout the course of the project. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team and should occur as workload permits. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The Construction Program Manager or designee will have the final approval authority. A2.07.3-1 CEI PROJECT MANAGER For the CEI Project Manager Title: ten years of experience in construction of major road or bridge structures, two years of which involved construction of major road or bridges with the exception of Complex Category 2 (CC2) bridge structures. To be in primary control, the CEI Project Manager must have supervised two or more Senior CEI Construction Inspectors and two or more support staff (e.g., Office Manager, Compliance Officer, and Secretary) and must have been directly responsible for all CEI services assigned. Receives general instructions regarding assignments from the City and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific Construction Engineering and Inspection Services 25 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following as required by the scope of work of the project: Qualifications (Mandatory) • FDOT Advanced Maintenance of Traffic (MOT) • CTQP Final Estimates Level I & II • Quality Control (QC) Manager • Advanced American Traffic Safety Services Association (ATSSA) MOT Certification • Either a Civil Engineering Degree or at least 10 years of construction and contract management experience Other • Attend CTQP Quality Control Manager Course and pass the examination. • A Master's Degree in Engineering may be substituted for one year of engineering experience. • PE License preferred. A2.07.3-2 SENIOR CEI CONSTRUCTION INSPECTOR (FDOT CTQP) High school graduate or equivalent plus five years of experience in construction inspection. Previous responsibilities must include performing highly complex technical assignments in field surveying and construction layout, checking shop drawings, checking engineering computations, inspecting construction work, conducting field tests, and finalizing punch -lists. Senior Inspectors must be able to coordinate and manage the lower -level inspectors. Work is performed under the general supervision of the Project Administrator / Engineer. Must have the following as required by the scope of work of the project: Qualifications • CTQP Concrete Field Inspector Level I • American Concrete Institute (ACI)/Concrete Technician Level I & II • CTQP Asphalt Roadway Level I • CTQP Asphalt Roadway Level II • CTQP Earthwork Construction Inspection Level I • CTQP Earthwork Construction Inspection Level II • CTQP Drilled Shaft Inspection (If applicable) • CTQP Grouting Technician Level I (If applicable) • FDOT Intermediate MOT • FDEP Environmental Technician • CTQP Final Estimates Level I Certifications • Nuclear Radiation Safety • Advanced ATSSA MOT • Troxler/Hazmat A2.07.3-3 CEI CONSTRUCTION INSPECTOR High school graduate or equivalent plus four (4) years of experience in construction inspection. Previous responsibilities must include inspecting construction work, conducting field tests, and finalizing punch -lists. Must have the following as required by the scope of work of the project: Qualifications: • CTQP Concrete Field Inspector Level I • CTQP Asphalt Roadway Level I • Asphalt Paving Level I • CTQP Earthwork Construction Inspection Level I • FDOT Intermediate MOT • Intermediate ATSSA MOT • Earthwork Construction Level I • ACl/Concrete Field Tech Construction Engineering and Inspection Services 26 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT Certifications: ■ Nuclear Radiation Safety ■ Troxler/Hazmat A2.07.3-4 CEI CONTRACT COMPLIANCE SPECIALIST Graduation from an accredited high school or equivalent with one year of experience as a compliance officer on a construction project or two years of assisting the compliance officer in monitoring the project. Must be able to provide Construction Contract administration and compliance reporting. Must have prior experience compliance monitoring of Local, State and Federal Aid funded construction projects. Must have particular knowledge of the City of Miami's Procurement Code, particularly the City of Miami's Procurement Code: Section 18-89, Contracts for Public Works, or Improvements. Must have knowledge of the United States Department of Labor Wage and Hour Division, including specific knowledge of provisions of the Davis -Bacon Act and the Fair Labor Standards Act. Must be knowledgeable of EEO/AA laws and must have the ability to analyze, collect, evaluate data, and take appropriate action when necessary. Must attend all training workshops or meetings for Compliance Specialists as determined necessary. A2.08 STAFFING Upon Agreement execution, the Consultant shall establish and maintain appropriate staff which possesses the experience, knowledge, requirements, and character to adequately perform assigned project duties. If needed, in order to assist in resolving disputed final pay quantities, the Construction Project Manager may ask the Consultant to provide personnel familiar with aspects of a construction project's final measurements. The Consultant shall replace staff whose performance is unsatisfactory within one week of City notification. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this scope of work. Personnel changes will require written approval from City. A2.09 TIME FRAMES FOR COMPLETION Work shall commence at the same time as commencement of the construction work and shall be finished upon final acceptance of the construction work. ARTICLE A3 CHANGE ORDERS Changes in the quantity or character of the Project within the scope of the work, including all changes resulting in changes in the Compensation, or the Schedule, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. The Consultant shall be required to provide the City with a detailed Change Proposal Request which shall include requested revisions to the Proposal, including but not limited to adjustments to the Compensation and Schedule, if applicable. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Consultant submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by classification, and Project classification and overhead rates in support of Consultant's Change Proposal Request. The Consultant's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the changes on the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by Consultant for the purposes listed below. Transportation, travel and per diem expenses within Dade, Broward, or Palm Beach Counties shall not be considered as reimbursable expenses under this Agreement. A4.01-1 COMMUNICATIONS EXPENSES Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant's various permanent offices and Sub -consultant. Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as a reimbursable expense under this agreement. Construction Engineering and Inspection Services 27 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT A4.01-2 REPRODUCTION, PHOTOGRAPHY Cost of printing, reproduction, or photography, beyond that which is required by or of Consultant's part of the work, set forth in this Agreement. A4.01-3 OTHER Items not indicated in Section 4.01 when authorized by the Program Manager. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT & SITE INFORMATION The City, at its expense, and insofar as performance under this Agreement, will furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. (i) Plans & Specifications: The City shall provide the Consultant with copies of the permitted plans and the specifications prepared by the Design Professional. (ii) City's Standard Specifications for Road and Bridge Construction. (Hi) Copy of the Executed Construction Contract. ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT A6.01 Consultant shall provide as part of its Basic Services the following documentation and equipment, which shall be part of the Basic Services fee. A6.01-1 FDOT DOCUMENTS If applicable, all FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction, shall be provided by the Consultant. Most, if not all, FDOT documents, specifications, directives, procedures, and standard forms are available through the FDOT's internet website. A6.01-2 VEHICLES Vehicles used in the field by inspectors will be suitable for their intended purpose and will be equipped with appropriate safety equipment. Vehicles shall have the name and phone number of the consulting firm visibly displayed. A6.01-3 FIELD EQUIPMENT The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope of Work, and other items as determined by the Construction Project Manager. The quality and quantity of such items is to meet the Construction Project Manager's approval. Hard hats and other appropriate safety gear will be provided to all field personnel. Hard hats shall have the name of the consulting firm visibly displayed. Computers, Personal Digital Assistants (PDAs), printers, and other related hardware will be provided by the Consultant. Such equipment includes those non -consumable and non -expendable items, which are normally needed for a CEI project and are essential in order to carry out the Scope of Work. Equipment described herein under this section will remain the property of the Consultant. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for the risk of loss or damage to said equipment during performance of Services. A6.01-4 LICENSES The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating testing equipment when licenses are required. The Consultant shall make the license and supporting documents available to the City of Miami, for verification, upon request. The Radioactive Materials License for use of Surface Moisture Density Gauges shall be in compliance with FDOT's requirements. END OF SECTION Construction Engineering and Inspection Services 28 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT SCHEDULE Al - SUB -CONSULTANTS FIRM NAME CONSULTING FIELD A.D.A. Engineering, Inc. Inspection Services More Compliance Results, Inc. Compliance Services SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Teresa Driskell, PE Principal -In -Charge Wilfredo Suarez Mulkay, PE CEI Project Manager Lenel Metellus CEI Sr. Inspector Maxwell Davis CEI Construction Inspector Monica Ore CEI Contract Compliance Specialist Construction Engineering and Inspection Services 29 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) RFQ No. 17-18-049 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by the Hourly Rates set forth herein, as defined in Section B3.01 and at the rates set forth therein. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.03-1 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 Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant and Sub -Consultant 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 identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a multiplier for home office and for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific assignments and Work Orders as requested by City. Consultant shall identify job classifications, available staff and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones and deliverables identified under the Scope of Work as exemplified in Schedule A2. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Compensation paid by City shall, via the Multiplier, cover all Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance and unemployment benefits) and an overhead factor. Failure to comply with this section shall be cause for cancellation of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. Construction Engineering and Inspection Services 30 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by the hourly rates identified in Schedule B1 Wage Rates in the following manner. B3.01 HOURLY RATE FEES B3.01-1Hourly Rate Fees shall be those rates for Consultant and Sub -Consultant employees identified in Schedule B1 Wage Rates. The City shall have no liability for any fee, cost, or expense above this figure. B3.01-2 CONDITIONS FOR USE Hourly Rate Fees shall be used 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 particular 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. B3.02 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks. B3.03 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the DIRECTOR and the Consultant. B3.04 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Sections B3.04 and B3.02 respectively, may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets which can be found on the City's Webpage at archive.miamigov.com/miamicapital/forms.html. 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. B3.04-1 DETERMINATION OF FEE The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost. B3.04-2 PROCEDURE AND COMPLIANCE An independent and detailed Notice to Proceed, 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 Notice to Proceed 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 Consultant's Competitive Negotiation Act, and other applicable laws. B3.04-3 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 Construction Engineering and Inspection Services 31 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT 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, the Consultant will apply the multiplier of one- (1.0) times the amount expended by the Consultant. B3.05 PAYMENT EXCLUSIONS Consultant shall not be compensated by City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of Consultant as determined by City. B3.06 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. Sub -Consultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by Consultant. Consultant shall utilize the City's Invoice Form which can be found on the City's Webpage at archive.miamigov.com/miamicapital/forms.html. 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 Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by Sub - Consultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by Sub -Consultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual Construction Engineering and Inspection Services 32 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT expenditures made by the Consultant and the Consultants' employees, Sub -Consultants, and Special Sub - Consultants in the interest of the Work for the purposes identified below: B5.01-1 COMMUNICATION EXPENSES Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices. The Consultant's field office at the Project site is not considered a permanent office. B5.01-2REPRODUCTION, PHOTOGRAPHY Cost of printing, reproduction, or photography, which is required by or of Consultant to deliver services, set forth in this Agreement. B5.01-3 PERMIT FEES All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.02 REIMBURSEMENTS TO SUB -CONSULTANTS Reimbursable Sub -Consultant's expenses are limited to the items described above when the Sub - Consultant 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 herein. ARTICLE 6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS It is understood that all Consultant agreements and/or work orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Engineering and Inspection Services 33 RFQ No. 17-18-049 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED RAW HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (OFFICE 2.9) ADJUSTED AVERAGE HOURLY RATE (FIELD 2.4) Principal* $108.00 Project Manager $56.56 $ 164.02 $135.74 Contract Compliance Specialist $36.48 $105.79 $87.55 Sr. Inspector $31.92 $92.57 $76.61 Roadway Inspector $25.13 $72.88 $60.31 (*) Flat Rate Construction Engineering and Inspection Services 34 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) RFQ No. 17-18-049 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 PROFESSIONAL SERVICES AGREEMENT SCHEDULE B2 - CONSULTANT'S INVOICE To: ATTN: Frwn_ NOTE: OFFICE OF CAPITAL CONSULTANT CITY OF MIAMI IMPROVEMENTS (GO) STANDARD INVOICE ImrCloa Number: Invoke Data: Pam- Irwal ParID7: Contract No.: Contract Tttla: PralSct Ma: Project Name: Plerchsee OfUei No.: WVlrk Order ND: silty of IV arr. Offer of Capra] rnprawernerll (OCI; 444 SW 2nd Avenue - 8th Flea. Mimi. FL 33130 Wcerte01 MCC Frarn: To: Werth CE. rxioo i Month Da. OMB Irrrr,a�rtared p.+.i 2.D.PNwn LW.u...1- 1wIW ow Nvl f_alirri. De LFwr.rt ixrxm. P'vrM L+rod p ieiiay Each inwSn mraE ba a by a Pre,ipal Y Ole km as baZrabbe itl •h approp iala ea4.-p dea_mu' to each i vaioa Wm. rxn 1Y� aurae argrata. IIERVICE 1 CONTRACT AMOUNT kk. CC'YPLETE TOTAL EARNED PREVIOUSLY IsPODICED CURRENT FIYONCE AMOUNT TO DATE ,E.chemalicD liRD) - Bastin Develmmeri{DO% - y - a - 5 - 5 - 5 _ 5 31Rb Ou truell 5 C.ordn.cr_pr7xrrnsa 97..:. ni-A..c 1x-..=ar:Fu7a77ecu^KrMu'.377eCD} Di' Rr PET- E odlntt x Constp.rtim ReNIMTSmteEvpwwes 1. T11e} .. r# : 3..Ttlr}. wdnme 1. ree'° ,Do Lri ': ':25% OD9 EL:_ CD) err Dm...15—z 'EE%CDJ lig Nexcatsn Pax. 5 - 5 5 _ - 1. - 5 - —_ - 5 - — 5 - 4 - S - 5 5 - 5 - 5 - 5 5 - 5 - S - 5 - 5 - S - 5 - 5 _ S - 5 - 5 - 5 - 5 - 5 - - - - 5 - f6nF._,]-xcn.:C1:. - 5 - 5 _ - 5 - - 5 _ - 5 _ 5 _ - .5 - - 5 - 5 - ; - - _ - .5 - - 5 - - 5 - _ - _ E{eMoes 5, 5 - 5 - 5 _ - - - _ - 5 _ 2. {Tbe} 3. {MO 5 - 4 - 5. - 5 _ - 3_ - 5 - TOTAL: Prim ID tlda Ilriolce Remaining Contract Mapco: $. - S _ $ - $ - 5 - Subtotal: $ - Dedtaeikw e: Tail Dtre: 4 - TO BECOWLETED BY CONSULTANT FIRM C RIVIED TRJE JLMD CORRECT SY. SLPPORT113 C'CCUMENTSCHECKLt6T: Actrek t Laker a! Rama Lairo mace t eupµarDnp Deeurrarra far Irnraca.. Cmvm rim Euma RaprrE Fial Payment 1),,_u raifa hail", a. 5c.Yi:.t /sit a"_]tia'i {Etguhrw of FriabN; {TrMarra and nth- ar FYarupill CITY OFMIA/4APPROVAL: AREA TO BE COMPLETED BY Crrl OFMIAMI E 81,,,aTL E }ate Received CP: FF.O.ECT PJ NAGER CHIE. PROJECT MAN°4564 Jorge L. Mara 7ae R,eCNved 'or Pa }real Prxessrg IH Cepabrur1:: i.151D-.4h' DRECTOR HECtcr Badia INTER IV 7 GTFDR .7de RnarJ .-.h i.L Construction Engineering and Inspection Services 35 for Overtown Greenway at NW 11th Street (from NW 7th Ave. to NW 12th Ave.) RFQ No. 17-18-049 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1F6EA5 anti CONSULTANT WORK ORDER PROPOSAL Date: 08/05/2022 Dear Mr. Rolle: Volkert proposes to provide the services identified below for the project entitled "Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street (from NW 7th Ave to NW 12th Ave)" , B-173648 ", pursuant to its Professional Service Agreement with the City of Miami for Project Specific services(RFQ No. 17-18-049), dated May 29, 2019. I. GENERAL Volkert will provide Construction Engineering and Inspection (CEI) services to ensure the construction is performed in close conformance with the project specification, plans, the FDOT Standard Specifications for Road and Bridge Construction and FDOT's Construction Project Administration Manual (CPAM). For this purpose, we will always maintain at the job site an adequate staff of qualified personnel recording and reporting the contractor's activities daily until the final acceptance of the project. II. SCOPE OF WORK A. Task 1 — Project Management / Project Administration. 1. Upon receipt of the NTP we will set up and conduct a Pre -Construction meeting with the Contractor, Utility Companies, MDT, CIP and DPW. 2. Document by video, pictures and any necessary means the existing site conditions prior to commencement of the work. 3. Public Information support and assistance. 4. Utility coordination and coordination with other entities in the area (MDT, WASD). 5. Prepare and administer weekly progress meetings. 6. Review the contractor's base line schedule and discuss with the contractor and the City's PM to resolve any existing or foreseen problems that could affect the proposed construction schedule. 7. Identify, discuss, and propose to the City's PM resolution to construction problems. Materials shortages and price changes. 8. Record and respond to contractor's RFIs. 9. Administration of Changed Work, Field Orders, coordinate, and issue Change Proposal Requests (CPR's), Work Change Directives, Change Orders. 10. Review contractor's monthly payment applications. 11. Conduct Substantial Completion Inspection. 12. Final Completion, including City of Miami DPW. As built review and recommend execution of "Certificate of Final Acceptance" and final payment to Contractor upon satisfactory completion of items on the punch list. 13. Final Payment. 14. Project Closeout. B. Task 2 — Field Inspection. 1. Verify, count, and record the quantity and condition of the TTC devises and that they are set as per the TTCP. DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1F6EA5 2. Record and report all the contractor's activities on a daily basis. Including photographs, video recording, sketches and markings on the site plans, field books and Daily Report of Construction forms. 3. Verify that the materials used during construction are from an approved source and collect the corresponding material certifications. 4. Perform material testing and sampling according with the FDOT Specifications. 5. Inspect that all the elements of construction installed on the project are in compliance with the Plans and Specifications. 6. Inspect the SWPPP devices are in place and in good working conditions. 7. Produce a list of defective, damaged or out of tolerances items to be monitored for repair, replacement or to be included in the Punch List. C. Task -3 CEI Contract Compliance. Our scope of work includes the following: 1. FDOT Audits (First, 50%, 100%) as required 2. Contract Review/Subcontracts Review a) Review of FHWA1273 Inclusion (Inclusion & Adherence Language Requirement) b) Review of Applicable Wage Rate Table(s) 3. Project & Company EEO/AA Requirements a) Review Job Site Bulletin Board Report b) Review of Monthly Employee Labor Interviews c) Review Project Personnel Meeting & Supervisory and Office Personnel EEO Meeting 4. Certified Payrolls (Wages) a) Wage Rates b) Review Weekly Certified Payroll Submittal from Prime Contractor, Subcontractors, as well as Rental Agreements. (i) Verify Daily Work Reports against Payrolls (ii) Pay Rate (iii) Classifications (iv) Authorized Deductions 5. Notification of Payroll Violation if needed. 6. On The Job Training Program a) Review of OJT Schedule b) Review Daily/Weekly Reports c) Review of Monthly Reports 7. Disadvantage Business Enterprise a) Identify Goal b) Review Monthly DBE Payments & DBE Commitments III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise More Compliance Results, Inc. Contract Compliance CIP Form 116 Revised 10/19/12 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1F6EA5 IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below (additional pages may be added as needed) SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative weeks, or calendar days) Task 1 Project Management 12.5 weeks NTP + 12.5 Task 2,1 thru 7 Field Inspection, Sr. Inspector 48.5 weeks NTP + 48.5 Task 2, 1,2,6 Field Inspection, Roadway Inspector 12.5 weeks NTP +12.5 Task 3,1 thru 7 Contract Compliance 12.5 weeks NTP +12.5 An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total lump sum fee of THREE HUNDRED THIRTY-TWO THAUSAND SEVEN HUNDRED SEVETY SIX dollars and NINETY-FIVE cents ($332,776.95). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $0.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Task 1 Project Management $ 77,770.00 $ 56.56 / H Task 2, 1 thru 7 Field Inspection / Sr. Inspector $ 170,293.20 $ 31.92 / H Task 2, 1,2,6 Field Inspection / Sr. Inspector $ 34,553.75 $ 25.13 / H Task 3 Contract Compliance $ 50,160.00 $ 36.48 / H Subtotal — Professional Fees $ 332,776.95 Allowance for Reimbursable Expenses $ 0.00 TOTAL $ 332,776.95 ote: Compensation should match the Task, Activities, and/or Deliverables identified. VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: Plans and Specifications package. CIP Form 116 Revised 10/19/12 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1F6EA5 VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this Wrk girder assignment will be Wilfredo S. Mulkay Submitted by: Volkert, Inc. Name Firm Reviewed and approval in concept recommended by: Valdes i Achmed Digitally signed by Valdes, Achmed -Date: 2022.12.08 13:55:52 -05'00' Name, Project Manager Enter City of Miami Department DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 525-010-32 PROGRAM MANAGEMENT 03/22 SUPPLEMENTAL NO. FEDERAL ID NO. (FAIN) 2 618-081-B Page 1 of 3 CONTRACT NO. FEDERAL AWARD DATE G1553 1/24/2019 FPN RECIPIENT UNIQUE ENTITY ID SAM NO. 420917-2-58-01 & 420917-2-68-01 072220791 Recipient, City of Miami , desires to supplement the original Agreement entered into and executed on Juanuary 30, 2021 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Overtown Greenway along NW 11th St from NW 7th Ave to E of NW 12 Ave Length 0.48 miles Termini NW 11th St from NW 7th Ave to E of NW 12 Ave Description of Work: Extension of the Overtown Greenway into the next phase uniting the Overtown and Spring Garden neighborhoods by providing the critical missing connection between the Miami Riverwalk, the existing Overtown Greenway and the Culmer Metrorail Station. The construction of the multi -use path within the swale area will make use of the existing sidewalk and right-of-way along the north side of NW 11th Street without requiring additional right-of-way. The project will include decorative sidewalk treatment, specialty signage, trash receptacles, benches and landscaping. In addition, affected curbs along the north side will be repaired without the need to resurface or reconstruct the existing roadway Reason for Supplement and supporting engineering and/or cost analysis: The attached "Adjusted Exhibit "B" Schedule of Financial Assistance" replaces the "Exhibit "B" Schedule of Funding", which was attached to the LAP Agreement executed on January 30, 2019. The CEI services will be locally funded. Local funds will replace federal funds for CEI for this agreement RECIPIENT NAME & BILLING ADDRESS: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT ADJUSTED EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE City of Miami 444 SW 2nd Avenue, Floor 8 Miami, FL 33130 FINANCIAL PROJECT NUMBER: PROGRAM MA 420917-2-58-01 & 420917-2-68-01 PHASE OF WORKy FiscalYear B Y FUNDING (1) PREVIOUS TOTAL PROJECT FUNDS (2) ADDITIONAL PROJECT FUNDS (3) CURRENT TOTAL PROJECT FUNDS (4) TOTAL LOCAL FUNDS (5) TOTAL STATE FUNDS (6) TOTAL FEDERAL FUNDS Design FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right -of -Way FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total Right -of -Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 0.00 Construction FY: 2019 (Local Agency Program) $760,000.00 $760,000.00 $ $760,000.00 FY: Program (Insert Name) FY: (Insert Program Name) Total Construction Cost $760,000.00 $ 0.00 $760,000.00 $ 0.00 $ 0.00 $760,000.00 Construction Engineering and Inspection (CEI) FY: 2019 (Local Agency Program) $76,000.00 $13 109.00 $13,109.00 FY: 2022 (Local Agency Program) FY: $62,891.00 (Insert Program Name) Total CEI Cost $76,000.00 $ 0.00 $13,109.00 $76,000.00 $ 0.00 $ 0.00 (Insert Phase) FY: (Insert Program Name) FY: (Insert Program Name) FY: (Insert Program Name) Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $836,000.00 _ $ 0.00 $773,109.00 $76,000.00 $ 0.00 $ 0.00 S760,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Xiomara Nunez, MBA, PMP District Grant Manager Name Signature Date O 0 0 U) 525-010-32 = NAGEMENT 02/22 < 0 s Page2of3 m 0 rn w co cn 0 0 m w 0 cn 0) 0 cn 0) m cn cn DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 525-010.32 PROGRAM MANAGEMENT 08/19 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last ascribed herein. RECIPIENT City of Miami STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 3of3 By: ,--_- �. l/ By: Name: Arthur r briega, V Name: Daniel Iglesias Title: City Manager Title: Director of Transportation Development Date: Legal Review: DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement Fo r —DocuSigned by: "-1CFA2301 DA754FF... DATE: March 1, 2023 FILE: SUBJECT: Recommendation for Award of Contract for Construction Engineering and Inspection Services for Project No. 40 B-173648, Overtown Greenway at NW 11th Street (From NW 7th Avenue to NW 12th Avenue) REFERENCES: Request for Qualifications ("RFQ") No. 17-18-049 ENCLOSURES: Consultant Final Proposal, Local Agency Program ("LAP") Supplemental Agreement, Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the award of a professional services agreement ("PSA") to Volkert, Inc. ("Consultant"), for RFQ No. 17-18- 049, Construction Engineering and Inspection ("CEI") Services for Overtown Greenway at NW 11th Street (From NW 7th Avenue to NW 12th Avenue) - Project No. B-173648 ("Project"). The Consultant shall provide comprehensive CEI services for the Project under the direction of the City of Miami ("City") Office of Capital Improvements ("OCI") to complete the necessary documents and specifications required in connection with completion of the construction contract for ITB No. 20-21-004 awarded to Florida Engineering and Development Corp. ("FED"). FISCAL IMPACT The fiscal impact to the City because of the Work included under this PSA will not exceed your delegated authority of $500,000.00. The negotiated contract award value is $366,054.64, inclusive of Basic Services in the amount of $332,776.95 and a 10% Owner's Contingency Allowance in the amount of $33,277.69. BACKGROUND: On May 29, 2019, Procurement issued RFQ No. 17-18-049, under full and open competition to obtain proposals from qualified firms. On August 14, 2019, Procurement received six (6) proposals in response to the solicitation (see attached Proposal Security List). However, after the solicitation closed and proposals were received, OCI informed Procurement that the Final Plans for the Project were not complete. On October 15, 2019, Procurement placed the Project on hold. On April 16, 2021, after Procurement received notification from OCI that the Final Plans had received all final permits from the City's Public Works department and submitted for final permits and approval from the Florida Department of Transportation ("FDOT"), Procurement requested consent from the respondents to continue evaluation of proposals. After confirmation was received by all respondents, the proposals were reviewed by Procurement staff, upon which five (5) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. One (1) proposal, however, submitted by F&J Engineering Group, Inc. ("F&J"), was deemed non -responsive in PR23039 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Page 2 - Recommendation of Award of PSA for RFQ 17-18-049, CEI services for Overtown Greenway at NW 11th Street, Arthur Noriega V, City Manager accordance with the minimum qualifications and experience requirements of the RFQ. F&J failed to submit the required number of references to demonstrate a proven record of successfully completed projects. Accordingly, a Letter of Non -Responsiveness was issued to F&J on November 10, 2021. Subsequently, on October 27, 2021, the Evaluation Committee ("Committee") met and completed the evaluation and ranking of all proposals following the stipulated guidelines in the solicitation. The proposals were evaluated in accordance with five (5) evaluation criteria and ranked by total awarded points (see enclosed Report of Evaluation Committee Memorandum). The Report of Evaluation Committee Memorandum was reviewed and approved by the City Manager on December 4, 2021. On May 9, 2022, good faith negotiations were initiated with the Consultant. The discussions were directed towards FDOT regulations pertaining to the Project and the scope of work. On June 21, 2022, the Consultant provided the initial proposal. As instructed by the FDOT, which was initially scheduled to fund the CEI Consultant, the Committee was prohibited from negotiating the Consultant rates. Successful negotiations on the total compensation for the required services were completed successfully, and an agreement was reached on August 5, 2022 (see enclosed Consultant Final Proposal). However, in spite of an exhaustive effort by both the City and FDOT, concurrency of award by FDOT was not accomplished. Accordingly, on November 30, 2022, FDOT and the City executed the LAP Supplemental Agreement (see copy attached) whereby the CEI Services will now be locally funded. Consequently, approval of this recommendation is requested. Execution of a PSA with the Consultant will be completed upon your approval. Your signature below indicates your approval of Procurement's recommendation. DocuSigned by r Q v No�it �a Approved: 850f:F6C 372D1)47A Arthur Noriega V, City Manager Date: March 6, 2023 1 15:47:09 EST c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Jorge Mora, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR23039 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable City of Miami Commissioners DATE: December 1, 2021 and Honorable Mayor of the City of Miami FROM: Arthur Noriega, V. DocuSigned by: City Manager Nbrit,�a "` 850CF6C372DD42A... SUBJECT: Report of Evaluation Committee for RFQ No. 17-18-049, Construction Engineering and Inspection Services for Overtown Greenway at NW 11 th Street ENCLOSURES Evaluation Committee Report In accordance with Section 18-87(i) of the City of Miami Code, attached please find the Report of the Evaluation Committee for subject solicitation. AP:ar c. Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Angel Carrasquillo, Director, Capital Improvement Program Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR22018 1 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega, V. DATE: December 1, 2021 City Manager FROM: Annie Perez, CPPO, Director Department of Procurement Fernando v. Pon Dpc1 Ofired by: 1 CFA2301 DA754FF... SUBJECT: Report of Evaluation Committee for RFQ No. 17-18-049, Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street ENCLOSURES:: Response Security List, Evaluation Committee Appointment Memorandum, and Evaluation Committee Score Sheets and Tabulation Background On May 29, 2019, Procurement issued RFQ No. 17-18-049, under full and open competition to obtain CEI services to support construction administration activities under a future construction contract. Selecting a CEI consultant through an RFQ typically requires a much longer procurement process, therefore this solicitation was advertised four months in advance of the companion Invitation to Bid (ITB) No. 18-19-006, which was solicited on September 13, 2019. On or about September 27, 2019, the City of Miami's ("City') Office of Capital Improvements (OCI) informed Procurement that the plans had yet to be approved by the City's Department of Resilience & Public Works (RPW). As a result, Procurement placed the ITB process on hold to allow for approval of the plans by RPW. Simultaneously, Procurement continued the selection process for RFQ 17-18-049, which resulted in six (6) responses received on August 14, 2019. Subsequently, Procurement continued assembling an evaluation committee to evaluate the proposals received for RFQ 17-18-049 through November 20, 2019. While continuing to request updates from OCI on the ITB plans revisions and permitting, on or around January 13, 2020, Procurement was informed that it was indeterminable if or when the construction plans for ITB 18-19-006 would receive final permits from RPW. Consequently, Procurement made a determination to put both RFQ 17-18-049 and ITB 18-19-006 on hold, until a consensus decision could be reached between OCI, RPW, and the Florida Department of Transportation (FDOT) on how to proceed with the ITB for construction. Throughout the remainder of 2020, OCI and RPW continued working towards achieving final approval of the design plans. In November 2020, OCI informed FDOT and Procurement that the revised construction plans for the original ITB 18-19-006 were finally approved by RPW, and submitted said plans to FDOT for their own final approval. FDOT advised Procurement to begin preparing a revised ITB document, which was assigned a new solicitation number, ITB 20-21-004. Simultaneously, Procurement requested all six respondents to RFQ No. 17-18-049 to express their consent in writing to resume the selection process based on their original proposals. A written consent was received from all respondents, and therefore, we submitted for your approval the names of City staff and professionals from other local municipalities to serve as voting and alternate members to the Evaluation Committee for RFQ No. 17-18-049. In preparation for scheduling the evaluation meeting, the six (6) proposals were reviewed by Procurement staff, upon which five (5) proposals received from EXP U.S. Services, Inc. ("EXP"), Calvin, Giordano & Associates, Inc. ("CGA"), Volkert, Inc. ("Volkert"), R.J. Behar & Company, Inc. ("R.J. Behar") PR22019 1 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Page 2 Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street Arthur Noriega, V, City Manager and EAC Consulting, Inc ("EAC") were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. The remaining one (1) proposal from F&J Engineering Group, Inc. ("F&J") was deemed non -responsive for not meeting the minimum requirements of the RFQ. On November 10, 2021, pursuant to Section 3.1, "Acceptance/Rejection" and in consultation with the City Attorney's Office, F&J was sent a non -responsiveness letter outlining the reasons for such decision. An appointed external voting member, Mr. Brandon DeCaro, originally appointed as Chief Project Manager, City of Coral Gables, became ineligible to serve as an external member upon his hiring by OCI. As a result, Mr. Achmed Valdes, Project Manager (OCI), an alternate committee member, served as a voting member. In addition, Ms. Fabiola Dubuisson, Senior Project Manager (OCI), who was appointed as a City's voting member, declined to participate, which prompted an alternate member, Mr. Javier Romero, Project Manager (OCI) to become a voting member. Summary of Evaluation While governed by Florida Statutes Section 287.055, any typical selection of professional services consultants may be comprised of two (2) steps: Step 1 "Evaluation of Qualifications and Experience," and Step 2 "Evaluation of Technical Proposals/Oral Presentations." On October 27, 2021, the Committee appointed by the City Manager met and completed the Step 1 evaluation of the five (5) responsive and responsible proposals, following the guidelines stipulated in the solicitation. Accordingly, the proposals were evaluated pursuant to the five (5) evaluation criteria listed below: Evaluation Criteria Step 1 Maximum Points (Per Committee Member) 1. Proposer's Experience and Qualifications 35 2. Experience of CEI Project Manager 10 3. Experience of Senior CEI Construction Inspector 35 4. CEI Philosophy, Methodology and Process 10 5. Technical Approach 10 Total Points Per Committee Member 100 Local Preference criteria are not permitted in connection with FDOT project solicitations. Accordingly, Proposers received no points with respect to the City's Small Business Enterprise ("SBE") participation requirement in accordance with the RFQ and City Procurement Code Section 18-87, as amended. The final scores for the Proposers were as follows: Proposing Firms Awarded Points (Maximum 500 points) 1. Volkert, Inc. 445 2. Calvin, Giordano & Associates, Inc. 441* 3. R.J. Behar & Company 441 4. EAC Consulting, Inc. 438 5. EXP U.S. Services, Inc. 430 (*) Tie for second place was resolved in favor of Calvin, Giordano & Associates, Inc. based on the team's 155 total qualitative points over R.J. Behar & Company's 152 total qualitative points for Criterion 1A The Committee decided to waive Step 2 proceedings and voted unanimously to recommend to the City Manager that negotiation of a professional service agreement ("PSA") be initiated with Volkert. The tabulation and individual Committee member score sheets for the Step 1 proceeding are attached as supporting documentation. PR22019 2 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Page 3 Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street Arthur Noriega, V, City Manager Consensus Statement Volkert, the highest ranked team, received a total of 445 points out of a maximum total of 500 points. The Committee discussed Volkert's extensive engineering experience, and determined that Volkert had assembled a team of engineering professionals whose resumes demonstrate the required strength in the areas of road and drainage engineering. The Committee noted that Volkert was exceptionally qualified to provide the services needed to inspect and monitor construction of the roadway and drainage improvements required for the Project. After deliberation, the Committee members unanimously agreed that Volkert's proposal demonstrated that its qualifications are comprehensively suited to meet the critical needs of the City and FDOT through this Project, and to provide continuing support to the City through the construction phase of the Project. Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee of Ms. Lidia Duardo Guerra and Messrs. Maurice Hardie and Orlando Misas (OCI), to commence negotiations of a professional services agreement (PSA) with Volkert, the highest ranked firm, to monitor and inspect construction of the required road and drainage improvements for the Overtown Greenway at NW 11th Street Project. As a result, the Committee voted unanimously to recommend to the City Manager that negotiations of a (PSA) be initiated with Volkert. DocuSigned by a Albrityt Approved: asorF6r179nn474 Arthur Noriega, V., City Manager Date: December 4, 2021 1 07:46:24 ES1 c. Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Angel Carrasquillo, Director, Capital Improvement Program Hector Badia, Assistant Director, CI - Strategic Initiatives Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR22019 3 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V, City Manager FROM: Annie Perez, CPPO, Director Department of Procurement DATE: April 16, 2021 SUBJECT: Evaluation Committee Appointments for Construction Engineering and Inspection Services for Overtown Greenway at NW 11th Street - Request for Qualifications ("RFQ") No. 17-18-049, for the Office of Capital Improvements REFERENCES: RFQ No. 17-18-049 In accordance with Section 18-86(c)(6) of the City of Miami Code, the Department of Procurement (Procurement), on behalf of the Office of Capital Improvements (OCI), requests your approval to appoint the below listed professionals to the Evaluation/Selection Committee (Committee). The Committee will be tasked with evaluating and scoring the proposals received on August 14, 2019, in response to Request for Qualifications (RFQ) No. 17-18-049 for Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street. The Committee shall be comprised of professionals that have the requisite knowledge and experience to evaluate the proposals pursuant to the criteria established in the RFQ. Background On May 29, 2019, Procurement issued RFQ No. 17-18-049, under full and open competition to obtain CEI services to support construction administration activities under a future construction contract. Selecting a CEI consultant through and RFQ typically requires a much longer procurement process, therefore this solicitation was advertised four months in advance to the companion Invitation to Bid (ITB) No. 18-19-006, which was solicited on September 13, 2019. On or about September 27, 2019, OCI informed Procurement that the plans had yet to be approved by the City's Department of Resilience & Public Works (RPW). As a result, Procurement placed the ITB process on hold to allow for approval of the plans by RPW. Simultaneously, Procurement continued the selection process for RFQ 17-18-049, which resulted on six (6) responses received on August 14, 2019. Subsequently, Procurement continued assembling an evaluation committee to evaluate the proposals received for RFQ 17-18-049 through November 20, 2019. While continuing to request updates from OCI on the ITB plans revisions and permitting, on or around January 13, 2020, Procurement was informed that it was indeterminable if or when the construction plans for ITB 18-19-006 would receive final permits from RPW. Consequently, Procurement made a determination to put on hold both solicitations until further notice, until a consensus decision could be reached between OCI, RPW, and FDOT on how to proceed with the ITB for construction. Meanwhile, Procurement reassigned the selection committee nominees for RFQ No. 17-18-049 to a different solicitation that was ready to proceed to the evaluation phase. Throughout the remainder of 2020, OCI and RPW continued working towards achieving final approval of the plans. In November 2020, OCI informed FDOT and Procurement that the revised construction plans for the original ITB 18-19-006 were finally approved by RPW, and submitted said plans to FDOT for their own final approval. FDOT advised Procurement to begin preparing a revised ITB document, which was assigned a new number as ITB 20-21-004. Simultaneously, Procurement requested all six respondents to RFQ No. 17-18-049 to express their consent in writing to resume the selection process based on their original proposals. A written consent was received from all respondents, and therefore, we submit for your approval the following names of City staff and professionals from other local municipalities to serve as voting and alternate members to the Evaluation Committee for RFQ No. 17-18-049: PR21103 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Chairperson (non -voting) Anthony Rolle, Sr. Procurement Contracting Officer, Procurement, City of Miami (COM) City of Miami Staff (voting) 1. Cameron Frazier, Project Manager, OCI, COM 2. Fabiola Dubuisson, Engineer III, RPW, COM External Committee Members (voting) 1. Brandan DeCaro, Registered Architect, City of Coral Gables 2. Jose Oliveros, Assistant Director, Capital Improvements Program, City of Coral Gables 3. Ileana Quintana, Construction Coordinator, Water and Sewer Department, Miami -Dade County Alternate Committee Members (voting) 1. Achmed Valdes, Project Manager, OCI, COM 2. Javier Romero, Project Manager, OCI, COM Your signature below affirms your appointment of this Committee for the evaluation of proposals for the Project, as solicited under I FQ No. 17-18-049. APPROVED: Arthur Nori a V, City Manager Date c: Fernando Casamayor, Assistant City Manager/Chief Financial Officer Nzeribe Ihekwaba, PhD, PE, Assistant City Manager/Chief of Operations Pablo R. Velez, Sr. Assistant City Attorney Alan M. Dodd, Director, RPW Hector Badia, Interim Director, OCI Jorge Mora, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21103 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 EVALUATION COMMITTEE MEETING Wednesday, October 27, 2021 Department of Procurement Request for Qualifications (RFQ) No. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Angel R. Carrasquillo, Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING TOTAL SCORES FINAL RANK Ileana Quintana, Construction Coordinator, Water and Sewer Department, Miami -Dade County Jose Oliveros, Assistant Director, Capital Improvements Program, City of Coral Gables Cameron Frazier, Project Manager, Office of Capital Improvements, COM Achmed Valdes, Project Manager, Office of Capital Improvements, COM Javier Romero, Project Manager, Office of Capital Improvements, COM TABULATION SHEET RFQ No. 17-18-049 NAME OF FIRM(S) 1 2 EXP U.S. SERVICES, INC. 34 10 34 10 10 98 32 9 32 9 9 91 33 9 32 9 9 92 25 6 25 7 7 70 27 8 28 7 8 78 28 8 27 8 8 79 31 7 29 8 8 83 29 8 34 9 8 88 31 7 31 9 8 86 33 9 32 9 8 91 35 9 34 9 9 96 32 9 33 9 8 91 31 9 30 9 9 88 32 8 30 9 9 88 32 8 32 9 9 90 154 41 150 43 42 155 42 158 43 43 156 41 155 44 42 430 430 441 441 438 438 5 2 4 1A - Proposer's Experience and Qualifications (Total Maximum Points: 35 points) 2A - Experience of CEI Project Manager (Total Maximum Points: 10 points) 3A - Experience of Senior CEI Construction Inspector (Total Maximum Points: 35 points) 4A - CEI Philosophy, Methodology and Process (Total Maximum Points: 10 points) 5A - Technical Approach (Total Maximum Points: 10 points) Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, and 5A in that order. 430 5 CALVIN, GIORDANO & ASSOCIATES, INC. 1A - Proposer's Experience and Qualifications (Total Maximum Points: 35 points) 2A - Experience of CEI Project Manager (Total Maximum Points: 10 points) 3A - Experience of Senior CEI Construction Inspector (Total Maximum Points: 35 points) 4A - CEI Philosophy, Methodology and Process (Total Maximum Points: 10 points) 5A - Technical Approach (Total Maximum Points: 10 points) Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A and 5A in that order. 441 I 2 3 EAC CONSULTING, INC. 1A - Proposer's Experience and Qualifications (Total Maximum Points: 35 points) 2A - Experience of CEI Project Manager (Total Maximum Points: 10 points) 3A - Experience of Senior CEI Construction Inspector (Total Maximum Points: 35 points) 4A - CEI Philosophy, Methodology and Process (Total Maximum Points: 10 points) 5A - Technical Approach (Total Maximum Points: 10 points) Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A and 5A in that order. 438 1 4 Page 1 of 2 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 EVALUATION COMMITTEE MEETING Wednesday, October 27, 2021 Department of Procurement Request for Qualifications (RFQ) No. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Angel R. Carrasquillo, Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING TOTAL SCORES FINAL RANK Ileana Quintana, Construction Coordinator, Water and Sewer Department, Miami -Dade County Jose Oliveros, Assistant Director, Capital Improvements Program, City of Coral Gables Cameron Frazier, Project Manager, Office of Capital Improvements, COM Achmed Valdes, Project Manager, Office of Capital Improvements, COM Javier Romero, Project Manager, Office of Capital Improvements, COM TABULATION SHEET RFQ No. 17-18-049 NAME OF FIRM(S) 4 VOLKERT, INC. 1A - Proposer's Experience and Qualifications (Total Maximum Points: 35 points) 31 30 33 32 34 160 2A - Experience of CEI Project Manager (Total Maximum Points: 10 points) 9 9 9 9 8 44 3A - Experience of Senior CEI Construction Inspector (Total Maximum Points: 35 points) 31 32 31 33 32 159 4A - CEI Philosophy, Methodology and Process (Total Maximum Points: 10 points) 8 8 8 9 9 42 5A - Technical Approach (Total Maximum Points: 10 points) 8 8 7 8 9 40 Qualitative Scores 87 87 88 91 92 445 1 445 1 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A and 5A in that order. 445 5 R.J. BEHAR & COMPANY, INC. 1A - Proposer's Experience and Qualifications (Total Maximum Points: 35 points) 31 28 28 33 32 152 2A - Experience of CEI Project Manager (Total Maximum Points: 10 points) 9 7 9 9 9 43 3A - Experience of Senior CEI Construction Inspector (Total Maximum Points: 35 points) 31 30 33 34 34 162 4A - CEI Philosophy, Methodology and Process (Total Maximum Points: 10 points) 8 8 7 9 9 41 5A - Technical Approach (Total Maximum Points: 10 points) 8 8 9 9 9 43 Qualitative Scores 87 81 86 94 93 441 2 441 3 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A and 5A in that order. 441 Chairperson: Anthony Rolle, Sr. Procurement Contracting Manager Page 2 of 2 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 RFQ NO. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street EVALUATION OF PROPOSALS Ileana Quintana, Construction Coordinator, Water and Sewer Department, Miami -Dade County EVALUATION PROPOSERS CRITERIA Maximum Points EXP U.S. Services Inc. Calvin, Giordano & Associates, Inc. EAC Consulting, Inc. Volkert, Inc. R.J. Behar & Company, Inc. Proposer's Experience and Qualifications 35 S4 35 31 Experience of CEI Project Manager 10 l 1 J 1 9 Experience of Senior CEI Construction Inspector 35 ''f. 3 a a--- L ? j CEI Philosophy, Methodology and Process 10 10 q 9 43 S Technical Approach 10 `0 °1 q a b TOTAL POINTS 100 sc?I'F) ' ` Cji ,?' 8-1 871 SIGNATURE: PRINT NAME: 10/27/2021 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 RFQ NO. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street EVALUATION OF PROPOSALS Jose Oliveros, Assistant Director, Capital Improvements Program, City of Coral Gables EVALUATION PROPOSERS CRITERIA Maximum Points 35 EXP U.S. Calvin, Giordano & EAC R.J. Behar & Company, Inc. Services Inc. Associates, Inc. Consulting, Inc. Volkert, Inc. Proposer's Experience and Qualifications 2 S z 2.5 30 Z 8 Experience of CEI Project Manager 10 35 g G Experience of Senior CEI Construction Inspector z 5- 2 g z '1 3 ? 3c CEI Philosophy, Methodology and Process 10 _ 10 �-- �-. e> C C� 3 s? v Technical Approach "-- v 5 8 o TOTAL POINTS 100 i-g 8 - 8 l SIGNATURE: PRINT N ME: L. S L_ t t1 E_i(LoS 10/27/2021 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 RFQ NO. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street EVALUATION OF PROPOSALS Cameron Frazier, Project Manager, Office of Capital improvements, City Of Miami EVALUATION PROPOSERS CRITERIA Maximum E�(P U S. Calvin, Giordano-& EAC R.J. Bihar & Points Services Inc. Associates, Inc. Consulting, Inc. Volkert, Inc. Company, Inc. Proposer's Experience and Qualifications 35 V 1 -01 i, 3, 3 2 Experience of CEI Project Manager 10 ' ry \ ) CI q Experience of Senior CEI Construction Inspector 35 7 ,(-;1 39 3. i 3 ! 3 3 CEI Philosophy, Methodology and Process 10Cd C't` t> Technical Approach 10 Cs U TOTAL POINTS 100 13 'i , q q f( , SIGNATURE: PRINT NAME: vvl &- l �Z%tom 10/27/2021 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 RFQ NO. 17-18-049 Construction Engineering and Inspection (CEI) Services for Overtown Greenway at NW 11th Street EVALUATION OF PROPOSALS Achmed Valdes, Project Manager, Office of Capital Improvements, City Of Miami EVALUATION PROPOSERS CRITERIA Maximum Points EXP U.S. Services Inc. Calvin, Giordano & Associates, Inc. EAC Consulting, Inc. Volkert, Inc. R.J. Behar & Company, Inc. Proposer's Experience and Qualifications 35 y 315 JS( 3 ; ;r 3X- 33{ f7 Experience of CEI Project Manager 10? 15' �-. Experience of Senior CEI Construction Inspector 35 2, 7, ' ' .'3 , CEI Philosophy, Methodology and Process 10 ) 7 r9 Technical Approach 10 if TOTAL POINTS 100 .1 ab 1 / d Y 3 SIGNATURE: PRINT NAME: A a _ 10/27/2021 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 RFQ NO. 17-18-049 Construction Engineering and Inspection (CEI) Services for-Overtown Greenway at NW 11th Street EVALUATION OF PROPOSALS Javier Romero, Project Manager, Office of Capital Improvements, City Of Miami EVALUATION PROPOSERS CRITERIA U-S— Calvin, -Giordano & EAC R.J. Behar & _Maximum--EXP- Points Services Inc. Associates, Inc. Consulting, Inc. Volkert, Inc. Company, Inc. Proposer's Experience and Qualifications 35 Mud ? ; Experience of CEI Project Manager 10 q e 9 Experience of Senior CEI Construction Inspector 35 3o 3 ,3. 30 44 CEI Philosophy, Methodology and Process 10 c Technical Approach 10 �1 �1-' 9 9 TOTAL POINTS 100 ere 0v0 Z g� SIGNATURE: PRINT NAME: 10/27/2021 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1F6EA5 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: CEI for Overtown Greenway - Phase 2 BID NUMBER: RFQ No. 17-18-049 DATE BID OPENED: August 14, 2019 TIME: 2:00 p.m. BIDDER BID TOTAL BID BOND (ER1 AMOUNT CASHIER'S CHECK EXP U.S. Services, Inc. ( two packages: One was received via FedEx on 07/26/2019) See attached See attached CALVIN, GIORDANO & ASSOCIATES, INC. See attached See attached Volkert, Inc. See attached See attached R.J. Behar & Company, Inc. See attached See attached EAC Consulting, Inc. See attached See attached F & J Engineering Group See attached See attached b / 11 9 P'-rson[Receivi,; 07 Today s Date d(s Received (6) bid(s) on bhalf: Proeuf ment City PREPARED BY: Deputy City Clerk DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-OF6D2F1 F6EA5 VOLKINC ACORDTr, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)4/05/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Ins. Center 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 CONTACT Sharon Brubaker NAME: TA PHONE(A/C, No, Ext): 770.756.6599 Fax (A/C, No): E-MAIL ADDRESS: greylingcerts@greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Union Fire Ins Co. 19445 INSURED Volkert, Inc. 11 N. Water Street, Suite 18290 Mobile, AL 36602 INSURER B: Everest National Insurance Company 10120 Evanston Insurance Company INSURER C : P Y 35378 New Hampshire Insurance Company INSURER D: P P Y 23841 P INSURER E : Allied World Surplus Lines Insurance Co 24319 INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DDYYY) POLICY EXP/Y (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR 9894987 Approved by Terry Quevado 04/01/2023 04/06/2023 04/01/2024 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X PREMISESO(Ea RENTED $500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE APPLIES PER: GENERAL AGGREGATE $4,000,000 PLIMIT POLICY X JECT LOC PRODUCTS - COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED ONLY -OWNED ONLY 2970073 04/01/2023 04/01/2024 SINGLE LIMIT COMBIaccideNEnt) (Ea $D 3> 000> 000 X BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X NON PROPERTY DAMAGE (Per accident) $ _AUTOS $ B C X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE XC3CU00031231 MKLV2EUE101592 04/01/2023 04/01/2023 04/01/2024 04/01/2024 EACH OCCURRENCE $10,000,000 X AGGREGATE $10,000,000 DED X RETENTION $10,000 $ r WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ N N / A 80878262 04/01/2023 04/01/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 N E.L. DISEASE - EA EMPLOYEE $1,000,000 below E.L. DISEASE - POLICY LIMIT $1 ,000,000 E Professional Liab incl Poll. Liab. 03129811 07/28/2022 07/28/2023 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: CEI for Overtown Greenway at NW 11th St (from NW 7th Ave to NW 12th Ave.). City of Miami are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. The above referenced liability policies with the exception of professional liability are primary & non contributory where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave 6th FL Miami, FL 33130-1910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #55464273/M5425693 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SBRO8 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Policy Number: 9894987 Named Insured Volkert, Inc. RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-OF6D2F1 F6EA5 From: Quevedo, Terry To: Caseres, Luis; Gomez Jr., Francisco (Frank) Cc: Ponassi Boutureira, Fernando Subject: RE: RFQ 17-18-049,Construction Engineering and Inspection Services for Overtown Date: Thursday, April 6, 2023 11:11:23 AM Attachments: image005.pnq image008.pnq image010.pnq Luis, The COI is adequate. Thank you so much! y> ceae(lc City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@miamigov.com `.Smraiuty, gptiaaciptf, and 7 � awe G✓amrauutiff From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Thursday, April 6, 2023 11:09 AM To: Quevedo, Terry <TQuevedo@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Ponassi Boutureira, Fernando <FPonassi@miamigov.com> Subject: FW: RFQ 17-18-049,Construction Engineering and Inspection Services for Overtown Hi Terry, See questions below Jeannette from Volkert has. Please advise. Please inquire what the retro date should be for the Professional Liability? The COI lists Policy effective date 7/28/2022. Do they need a separate endorsement for the Pollution Liability? It appears to be listed. E Professional Liab loci Poll. Liab. 03129811 07I28i2022 07/2B12023 Per Claim $2,000,000 Aggregate $2,000,000 Cae.,- Construction Procurement Assistant DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 w (305) 416-1923 (305) 400-5335 ELcaseres@miamigov.com "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. `Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. From: Wilfredo Mulkay <wilfredo.mulkayPvolkert.com> Sent: Thursday, April 6, 2023 10:44 AM To: Caseres, Luis <LcaseresPmiamigov.com> Cc: Ponassi Boutureira, Fernando <FPonassiPmiamigov.com> Subject: FW: RFQ 17-18-049,Construction Engineering and Inspection Services for Overtown CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Luis, please look at the inquires below, we want to provide exactly what you need so we can finish this. Please advise, Sincerely, Wilfredo Mulkay, PE CEI Area Manager, Project Engineer, Volkert, Inc. 13205 NW 7th Lane l Miami, FL 33182 Volkert.com Cell: 786.299.1583 Wilfredo.mulkavPvolkert.com DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Detail by Entity Name DIVISION OF CORPORATIONS —/ /^ DIY ID` r�11 j V r t�If I. y�.0 f, A1rFrl.D r1l2 aue faitivial of !lurl +s sveb iie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation VOLKERT, INC. Cross Reference Name DAVID VOLKERT & ASSOCIATES, INC. Filing Information Document Number P13159 FEI/EIN Number 63-0247014 Date Filed 12/15/1986 State AL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/27/2021 Event Effective Date 12/31/2014 Principal Address RSA Tower 11 North Water Street Suite 1800 MOBILE, AL 36602 Changed: 02/19/2018 Mailing Address P 0 BOX 7434 MOBILE, AL 36670 Changed: 01/23/2007 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 07/14/2011 Address Changed: 07/14/2011 Officer/Director Detail Name & Address https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=VOLKERT. . 1/4 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Title Senior Vice President Detail by Entity Name McFarlin, David Suite 200 Tallahassee, FL 32308 Title Assistant Controller Beasley, Paula A RSA Tower 11 North Water Street Suite 1800 MOBILE, AL 36602 Title CFO Sampson, Michael I RSA Tower 11 North Water Street Suite 1800 MOBILE, AL 36602 Title VP Brown, Fredrick PO Box 11428 Pensacola, FL 32524 Title Assistant Vice President Driskell, Teresa 2300 Maitland Center Parkway Suite 106 Orlando, FL 32751 Title Senior Vice President Bennett, Scott 2300 Maitland Center Parkway Suite 122 Maitland, FL 32751 Title VP Warnke, Mike Suite B Gulf Breeze, FL 32561 Annual Reports Report Year Filed Date 2022 01 /21 /2022 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=VOLKE RT.. 2/4 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 2022 2023 05/05/2022 01/24/2023 Detail by Entity Name Document Images 01/24/2023 --ANNUAL REPORT 05/05/2022 --AMENDED ANNUAL REPORT 01 /21 /2022 -- ANNUAL REPORT 12/20/2021 --AMENDED ANNUAL REPORT 09/27/2021 --Amendment 01/29/2021 --ANNUAL REPORT 01/20/2020 --ANNUAL REPORT 08/19/2019 --AMENDED ANNUAL REPORT 04/01 /2019 --ANNUAL REPORT 02/19/2018 --ANNUAL REPORT 06/14/2017 --AMENDED ANNUAL REPORT 04/11/2017 --ANNUAL REPORT 07/01/2016 --AMENDED ANNUAL REPORT 03/23/2016 --ANNUAL REPORT 11/03/2015 -- AMENDED ANNUAL REPORT 06/04/2015 --AMENDED ANNUAL REPORT 04/07/2015 --AMENDED ANNUAL REPORT 01/20/2015 --ANNUAL REPORT 12/09/2014 -- Merger 06/23/2014 --AMENDED ANNUAL REPORT 06/19/2014 --AMENDED ANNUAL REPORT 01/17/2014 --ANNUAL REPORT 01/30/2013 --ANNUAL REPORT 03/14/2012 --ANNUAL REPORT 07/14/2011 -- Reg. Agent Change 02/08/2011 --ANNUAL REPORT 02/23/2010 --ANNUAL REPORT 09/17/2009 -- Name Change 03/10/2009 --ANNUAL REPORT 01/14/2008 --ANNUAL REPORT 09/12/2007 --ANNUAL REPORT 01/23/2007 --ANNUAL REPORT 03/16/2006 --ANNUAL REPORT 01/14/2005 --ANNUAL REPORT 03/22/2004 --ANNUAL REPORT 05/23/2003 --ANNUAL REPORT 01/21/2003 --ANNUAL REPORT 02/04/2002 --ANNUAL REPORT 01/26/2001 --ANNUAL REPORT 03/20/2000 --ANNUAL REPORT 02/28/2000 -- Name Change 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 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=VOLKE RT.. 3/4 DocuSign Envelope ID: 76A3A8C5-4D25-407E-A434-0F6D2F1 F6EA5 Detail by Entity Name 03/06/1999 --ANNUAL REPORT 02/12/1999 -- Dropping DBA 12/22/1998 -- Merger 02/27/1998 --ANNUAL REPORT 03/19/1997 --ANNUAL REPORT 01/31/1996 --ANNUAL REPORT 02/27/1995 --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 Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inguirytype=EntityName&directionType=Initial&search NameOrder=VOLKE RT... 4/4 Olivera, Rosemary From: Caseres, Luis Sent: Wednesday, April 19, 2023 12:41 PM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony Cc: Cambridge, Susan; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise Subject: Document Distribution - RFQ 17-18-049 - Construction Eng. and Inspection Services for Overtown Greenway Attachments: RFQ_17-18-049_-_Construction_Eng_and_Inspect_Executed 04-19-2023.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. Paola You may now close this Matter ID 23- 650 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Professional Services Agreement First Party: City of Miami Second Party: Volkert, Inc. Program/Purpose: Construction Eng. and Inspection Services for Overtown Greenway Effective Date: 04/19/2023 Best regards, i LuA.- Caere - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2