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24667
AGREEMENT INFORMATION AGREEMENT NUMBER 24667 NAME/TYPE OF AGREEMENT CHA CONSULTING, INC. DESCRIPTION PROFESSIONAL SERVICES AMENDMENT/CITYWIDE PROGRAM MANAGEMENT SUPPORT SERVICES FOR STORMWATER INFRASTRUCTURE IMPROVEMENTS - GROUP 2/MATTER ID: 23-1933 EFFECTIVE DATE December 5, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/5/2023 DATE RECEIVED FROM ISSUING DEPT. 12/5/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Anthony Hansen/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: CHA Consulting, Inc. EXT. 1895 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $500,000.00 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) RFQ 22-23-002 - Citywide Program Management Support Services for Stormwater Infrastructure Improvements - Group 2 COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Contract is within the City Manager's delegated approval authority. ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed by FVP. OK to proceed. November 20, 2lJYy'li � 1:03 EDpcnsigned by: SUBMITTED TO RISK MANAGEMENT November 20, _ 89540EB73CAC468... 2(1 r1 vltr�e Rh:tr ge�euSigned by: SUBMITTED TO CITY ATTORNEY Matter ID# 23-1933Pabl o R. Velez on behalf of (11/2 7/2 3) November 28, 20 i§tc)ri0/le dQ Eizc95c6318uSigned214by:E7... c 0-tr'fr- �1 �4PPROVfLtBY BU'RGET OFFIC unding a ermine as neede LEM November 30, 2023 Marie Gouin I 22:19:2 p3d,Hs d= 57... EST APPROVAL BY ASSISTANT CITY MANAGER December 1, 2023 ��aa SSnn rlY13-:r0: 52 D;444tSiOWE.. 495... ST NN i SpriliLl APPROVAL BY DEPUTY CITY MANAGER December 1, 2023 —c9i5zeo N7�eribe the •• Signed by: 13:09:47 EST /V 5F9438#FE46458... RECEIVED BY CITY MANAGER December 2, 202:q'i DocuSigned by: hu 1Nggegn Si._'r ( 14 . aercc372DD42A... SUBMITTED TO AND ATTESTED BY CITY CLERK December 5, 2023 Todd Hannon 1 00:33:27 ,—DocuSigned by: ES�C� r 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT '-E4607560DCFi459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR24006 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT/AMENDMENT OVERVIEW PSA TITLE: Citywide Program Management Support Services for Stormwater Infrastructure Improvements - Group 2 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer - Authority level of $ Z City Manager - Authority level of $ 500,000.00 ❑ City Commission - RESOLUTION No. N/A 2. PROCUREMENT METHOD: ® RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF SERVICES? The Consultant shall manage the Program, coordinate, and integrate multiple, concurrent projects, at specific stages from assignment through completion. This shall include, but is not limited to, (1) program management consisting of project scoping, project/program scheduling, cost estimating, recommending optimal procurement strategies, and risk assessment; (2) project initiation and program monitoring, controlling and reporting; (3) project/construction management throughout the project phases (planning, design, bidding, construction, closeout, warranty or related services); (4) as needed, assisting in the procurement of architecture, engineering, and construction services under the direction of the City's Department of Procurement ("Procurement"), and in accordance with governing state law and City ordinances and policies; (5) assisting the City in coordinating with outside agencies, and construction inspection; (6) as needed, providing professional and technical expertise, such as architectural, environmental, and engineering services and construction administration, CADD operator and construction inspector capabilities; (7) assisting the City in the development of funding programs including bonding, grants, loans and public/private partnerships, grant compliance and performance audits; and (8) as needed, providing program support services such as public relations, budgeting, permitting and finance staff augmentation. Other services may include value engineering analysis, plans reviews, review of environmental documents, constructability reviews, materials compatibility analysis, and miscellaneous tasks associated with the City's Stormwater Master Plan and Capital Improvements Program. DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Department of Resilience and Public Works 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes Sec. 287.055, Consultants' Competitive Negotiation Act (CCNA) DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Citywide Program Management Support Services for Stormwater Infrastructure Improvements - Group 2 Continuing Contract - Non -Federally Funded Projects CHA Consulting, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 OPTIONS TO RENEW 6 2.03 SCOPE OF SERVICES 6 2.04 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS - APPLICABLE TO GROUP 2 6 2.05 COMPENSATION 6 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 7 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8 5.01 GENERAL 8 5.02 CONDITIONS OF DEFAULT 8 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE 8 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9 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 10 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11 ARTICLE 9 INSURANCE 11 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 12 9.04 MODIFICATIONS TO COVERAGE 12 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 13 10.03 SUCCESSORS AND ASSIGNS 13 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 13 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 13 10.06 NOTICES 13 10.07 INTERPRETATION 14 10.08 JOINT PREPARATION 14 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 15 10.11 TIME 15 10.12 COMPLIANCE WITH LAWS 15 10.13 NO PARTNERSHIP 15 10.14 DISCRETION OF DIRECTOR 16 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.15 RESOLUTION OF CONTRACT DISPUTES 10.16 INDEPENDENT CONTRACTOR 10.17 CONTINGENCY CLAUSE 10.18 THIRD PARTY BENEFICIARY 10.19 ADDITIONAL TERMS AND CONDITIONS 10.20 SEVERABILITY 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS APPLICABLE TO GROUP 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al A1.01 A1.02 A1.03 ARTICLE A2 A2.01 A2.02 ARTICLE A3 A3.01 A3.02 A3.03 ARTICLE A4 ARTICLE A5 A5.01 A5.02 A5.03 ARTICLE A6 ARTICLE A7 A7.01 A7.02 ARTICLE A8 A8.01 A8.02 ARTICLE A9 A9.01 GENERAL SCOPE OF SERVICES WORK ORDERS PAYMENTS OVERVIEW OF PROGRAM MANAGEMENT SUPPORT SERVICES PRIMARY SERVICES SPECIALTY SERVICES PRIMARY SERVICES ADMINISTRATIVE PROGRAM MANAGEMENT PRODUCTION MANAGEMENT SERVICES CONSTRUCTION ADMINISTRATION SPECIALTY SERVICES STAFFING PROGRAM STAFF STAFFING FOR SPECIALTY SERVICES STAFFING CHANGES ASSIGNMENT OF WORK ADDITIONAL SERVICES GENERAL EXAMPLES REIMBURSABLE EXPENSES GENERAL SUBCONSULTANT REIMBURSEMENTS CITY'S RESPONSIBILITIES PROJECT AND SITE INFORMATION A9.02 CONSTRUCTION MANAGEMENT SCHEDULE Al - SUBCONSULTANTS SCHEDULE A2 - KEY STAFF ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE 131 METHOD OF COMPENSATION B1.01 COMPENSATION LIMITS B1.02 CONSULTANT NOT TO EXCEED ARTICLE B2 WAGE RATES B2.01 FEE BASIS B2.02 EMPLOYEES AND JOB CLASSIFICATIONS B2.03 MULTIPLIER B2.04 CALCULATION B2.05 EMPLOYEE BENEFITS AND OVERHEAD B2.06 ESCALATION ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION B3.01 LUMP SUM B3.02 HOURLY RATE FEES B3.03 REIMBURSABLE EXPENSES B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES B3.05 FEES FOR ADDITIONAL SERVICES B3.06 PAYMENT EXCLUSIONS B3.07 FEES RESULTING FROM PROJECT SUSPENSION ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY B4.02 FOR COMPREHENSIVE BASIC SERVICES B4.03 BILLING - HOURLY RATE B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES B4.05 DEDUCTIONS ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL SCHEDULE 131 - WAGE RATES SUMMARY SCHEDULE B2 - CONSULTANT INVOICE Citywide Program Management Support Services 2 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Citywide Program Management Support Services for Stormwater Infrastructure Improvements — Group 2 Contract Type Continuing Contract (RFQ No. 22-23-002) Consultant CHA Consulting, Inc. Consultant Office Location 8935 NW 35th Lane, Suite 200, Doral, FL 33172 City Authorization Section 18-87, City of Miami Code Agreement Number 22-23-002 / 2 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 5th day of December in the year 2023 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and CHA Consulting, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 22-23-002 on November 18, 2022, for the provision of Citywide Program Management Support Services for Stormwater Infrastructure Improvements ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Citywide Program Management Support Services 3 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks to the Director as defined in Section 1.12. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1.09 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Department means or refers to the City of Miami's Department of Resilience and Public Works ("DRPW'). 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of DRPW or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. Citywide Program Management Support Services 4 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's stormwater infrastructure projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.30 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. Citywide Program Management Support Services 5 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be for three (3) years commencing on the effective date hereof. This specified term is intended for administrative and budget control purposes and is not to be considered or interpreted as a time limitation. 2.01-1 Extension of Expiration Date: In the event the Consultant is engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project(s). New Work Orders shall not be issued after the expiration date. The City, by action of the City Manager or the City Manager's designee, reserves the right to automatically extend this Agreement for up to one hundred eighty (180) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, in writing, of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred eighty (180) day extension may occur if the City and the Consultant are in mutual agreement of such extensions. Extensions shall comply with applicable approvals and regulations. 2.02 OPTIONS TO RENEW The City, by action of the City Manager or the City Manager's designee, shall have the option to renew the original term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Director, and to the availability and appropriation of funds. City Commission's authorization of this Agreement includes delegation of authority to the City Manager to administratively approve said options to renew provided that the compensation limits set forth in Article 2.05 are not exceeded. 2.03 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.04 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS — APPLICABLE TO GROUP 2: NON -FEDERALLY FUNDED PROJECTS Prospective Firms must (shall) adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami - Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing. 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.gov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.05 COMPENSATION 2.05-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed Five Hundred Thousand Dollars ($500,000) 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 City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for Continuing Contracts, and other limitations on compensation, as applicable. Citywide Program Management Support Services 6 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.05-2 Payments: Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its Services. Citywide Program Management Support Services 7 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SU BCON SU LTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within Citywide Program Management Support Services 8 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. Citywide Program Management Support Services 9 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course ofjudicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Citywide Program Management Support Services 10 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the City may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The City shall be under no obligation to purchase such insurance, nor shall it be Citywide Program Management Support Services 11 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit C Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 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. 9.03.5 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. Citywide Program Management Support Services 12 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: Citywide Program Management Support Services 13 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriecia©miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director 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: Juvenal Santana Director Department of Resilience and Public Works, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JSantana@miamigov.com Phone: 305-416-1218 CHA Consulting, Inc. Arnelio Alfonso, PE Senior Principal Engineer Vll 8935 NW 35th Lane, Suite 200 Doral, FL 33172 Email: AAlfonso@chacompanies.com Phone: 786-257-3077 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. Citywide Program Management Support Services 14 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding non-discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. Citywide Program Management Support Services 15 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of DRPW, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of DRPW shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of DRPW fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. Citywide Program Management Support Services 16 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS APPLICABLE TO GROUP 1: FEDERALLY FUNDED PROJECTS a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and {'I) the volatility so affects the Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the contract, Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Contractor shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, a.s-o the Contractor. d. Davis Bacon Act schedules. Contractor shall use the Federal Wages reflected in Wage General Decision Number FL 180260 01/12/2018 FL260 in developing its proposal for this Contractor shall be required to provide certified payroll records documenting the work performed on this project. Citywide Program Management Support Services 17 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 c. Compliance with the Copeland "Anti Kickback" Act 1. The Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. for debarment as a Contractor and subcontractortas provided �iin+29 C.F.R. § 5.12. f. C^,ompliaTnicc.e ith Contract Work Hours-aid-Safety�d-s-Act 11.E `'� Overtime`Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty ('10) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty ('10) hours in such workweek. ted damages: In the cvcnt of any violation of the clause set forth in paragraph (1) of this section, the Contractor, and any subcontractor rosponsiblo thoroforo shall bo liablo for tho unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with-rospoct to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty ('10) hours section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Fedoral contract with tho same Contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. /1. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through ('I) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through ('I) of this section. g. Parts at Pass Through Cost (for Repairs Outside the Scope of Work) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Contractor's actual cost and will be passed on to the City without markup or any additional fees. The The Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. h. Notification to Perform Work The Contractor shall notify the Project Manager when an employee is on the property and for what purpose. Citywide Program Management Support Services 18 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 i Background Checks The Contractor shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012 32. The law requires that before contract personnel arc pormittod accocs on grounds whon childron arc present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed I evel Two (2) screening requirements. Priorfluent of the projcct, tho Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. i Egual Employment Opportunity of race, color, religion, sex, or national origin. Thc Contractor will takc affirmativc action to cnsurc that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. /1. The Contractor will comply with all provisions of Executive Order 112/16 of September 2/1, 1965, and of the rules, regulations, and relevant orders of the Secretary of I abor 5. The Contractor will furnish all information and reports required by Executive Order 112/16 of and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure& authorized in Executive Order 112/16 of September 2/1, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 112/16 of September 2/1, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless oxempted by rulos, regulations, or order of the Secretary of Labor issued pursuant to section 20/1 of Executive Order 112/16 of September 2/1, 1965, so that such provisions will be binding upon oach subcontractor or vondor. Thc Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor a& a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Ic. Clean Air Act 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued ni rs cant to the Clean Air Oct a it01 et see parau«xrrrzv-cncm n-rm-rcvru �vr cr Citywide Program Management Support Services 19 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to tho Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act /I. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 5. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Agency Regional Office. 6. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Ale Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. o. Byrd Anti Lobbying Amendment, 31 U.S.C. § 1352 (As Amended} Contractors who bid for an award of $100,000 or more shall file the required certification. Each tier certifies Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non federal funds that takes place in connection with obtaining any federal signed along with their Proposal. p. Procurement of Recovered Material!) 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired. a. Competitively within a time framc providing for compliance with tho contract performanc schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/cmm/com rchoncivo procurement guideline cpg program. q. DHS, Seal, Logo, and Flag& The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre approval. r. Compliance with Federal Law, Regulations, and Executive Order-; This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Citywide Program Management Support Services 20 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 s. Access to Records. 1. The Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sitos pertaining to the work being completed under tho contract. t. Suspension and Debarment 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.9/10) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later de rmined that the Contractor did not comply withcuhp r d !'c-v-FP f . 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. /I. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. United States Housing and Urban Development; CDBG MIT 1. This contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed price contract is used, profit must bo nogotiatod as a soparato olomont of tho prico for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, concidoration must be given to thc complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is cubjoct to tho rcquiromonts of ccction 3 of thc Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). Tho purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 2/1 CFR part 135, which implements section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which advising the labor organization or workers' representative of the contractor's commitments under Citywide Program Management Support Services 21 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 this section 3 clause and will post copies of the notice in conspicuous places at the work site where - both employees and applicants for training and omploymont positions can coo thc notico. Tho notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, tho qualifications for each; and tho name the work shall begin. /1. The contractor agrees to include this section 3 clause in every subcontract subject to compliance applicable provision of thc subcontract or in this section 3 clause, upon a finding that thc subcontractor is in violation of the regulations in 2/1 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 2/1 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 2/1 CFR part 135. 6. Noncompliance with HUD's regulations in 2/1 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, s„cfion 7(h) of the Indian Self -Determination and Education Assistance-hst (25 U.S.C. '150ee) also CTGCQI11 I11 ICI CICI I CII IQ CCl ClO J. applies to the work to be performed under this contract. Section 7(b) requires that to the greatest organizations and Indian owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). T.Dinhtc to Inventions Made I Inder a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § /101.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR the awarding agency. x. Procurements by Non Federal Entitico When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any must follow the procurement standards in 2 C.F.R. §§ 200.318 through 200.327. END OF SECTION Citywide Program Management Support Services 22 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Jonathan H. Bard, Vice President Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: ,-DocuSigned by: CHA Consulting, Inc., a Foreign Profit Corporation Wesley S. Ecker, Senior Vice President Print Name, Title (Cor mtp Seal) NkC.,0NUL ,;Ai' `.��P:GoRPO '.. qq,O 2 SEAL =. P E. '• CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: �ignJjr&ut IUDVYtiy, �`f46D 560 F1-459... SOCF6 72Dp42A... Todd B. Bannon, City Clerk Arturonega V, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: DocuSigned by: '-27395C6318214E7... Ann Marie Sharpe, Director Risk Management Department CORRECTNESS: DocuSigned by: .E-1-E �QAF6FEOA.57 .. Victoria Mendez, City Attorney DS r-Pr Matter 23-1933 Citywide Program Management Support Services 23 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of CHA Consulting, Inc. , a corporation organized and existing under the laws of the State of m , held WeiTiffIrt. on the 9th day of February, a resolution was duly passed and adopted authorizing (Name) Ecker as Senior Vice (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 19t'day ofoctcber , 20 23 Secretary: Print: Michael A. Platt CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Citywide Program Management Support Services 24 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF New York ) SS: COUNTY OF Albany The foregoing instrument was acknowledged before me this 19th day of October 20 23 by Wesley S. Ecker , who is personally known to me or who has produced N/A (Personally Known) as identification and who (did / did not) take an oath. GNATU ARY PUBLIC STATE OF New York----...r-k"4., i4 , Clc-a PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 1 JONATHAN HOWARD BARD NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02BA6359467 Qualified in Dutchess County Commission Expires May, 30, 2025 Citywide Program Management Support Services 25 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced program management firm to provide Citywide Program Management Support Services ("CPMSS") for Stormwater Infrastructure Improvements ("Project"), under the oversight of the Department of Resilience and Public Works ("DRPW'), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, as well as the Scope of Services contained in this RFQ. This Contract is divided into two distinct groups: ■ GROUP 1: FEDERALLY FUNDED PROJECTS ■ GROUP 2: NON -FEDERALLY FUNDED PROJECTS Group 1 is intended to address those Projects that will be funded through State or Federal dollars, while Group 2 will be dedicated to local Projects. The Contractor and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall manage the Program, coordinate, and integrate multiple, concurrent projects, at specific stages from assignment through completion. This shall include, but is not limited to, (1) program management consisting of project scoping, project/program scheduling, cost estimating, recommending optimal procurement strategies, and risk assessment; (2) project initiation and program monitoring, controlling and reporting; (3) project/construction management throughout the project phases (planning, design, bidding, construction, closeout, warranty or related services); (4) as needed, assisting in the procurement of architecture, engineering, and construction services under the direction of the City's Department of Procurement ("Procurement"), and in accordance with governing state law and City ordinances and policies; (5) assisting the City in coordinating with outside agencies, and construction inspection; (6) as needed, providing professional and technical expertise, such as architectural, environmental, and engineering services and construction administration, CADD operator and construction inspector capabilities; (7) assisting the City in the development of funding programs including bonding, grants, loans and public/private partnerships, grant compliance and performance audits; and (8) as needed, providing program support services such as public relations, budgeting, permitting and finance staff augmentation. Other services may include value engineering analysis, plans reviews, review of environmental documents, constructability reviews, materials compatibility analysis, and miscellaneous tasks associated with the City's Stormwater Master Plan and Capital Improvements Program. The selected CPMSS consultant and its subconsultants may provide standard design services for projects that they are not managing under this contract. A detailed Scope of Work will be developed by the City for each Work Order issued. Projects will typically be issued on a rotational basis factoring in amount of dollars awarded to any member of the pool, performance of previous work orders issued, and expertise and experience to assume new work orders to be assigned. It is anticipated that the Consultant's team will consist of the following personnel: ■ Lead Program Manager ■ Sr. Program Manager In addition to the Key Personnel listed above, the Proposer's team must have at a minimum the following Required Personnel, through either the Proposer's staff or that of any Subconsultant: ■ Project Managers ■ Construction Managers ■ Civil Engineer ■ Structural Engineer ■ Hydraulic Engineer ■ Marine & Coastal Engineer ■ Geotechnical Engineer ■ Mechanical, Electrical and Plumbing ("MEP") Engineer Citywide Program Management Support Services 26 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ■ Environmental Specialist ■ Construction Engineering and Inspection ("CEI") Services ■ Project Cost Estimator/Scheduler ■ Funding Development Services Specialist Further details concerning the Scope of Services are contained in the solicitation for Citywide Program Management Support Services for Stormwater Infrastructure Improvements, included as part of this Agreement, and will be further specified and clarified in Work Order Proposals solicited as project sites are identified. A1.02 WORK ORDERS The Consultant will be responsible to Work in cooperation with OCI, DRPW, City administration, officials of the City, client departments and agencies, community, and other stakeholders, with consulting engineers and/or architects, and contractors to administer the planning, design, and construction of projects, and as well as overall Program Management. When user department has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with the provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROGRAM MANAGEMENT SUPPORT SERVICES FOR STORMWATER INFRASTRUCTURE IMPROVEMENTS A2.01 PRIMARY SERVICES Where Director or designee, in his/her sole discretion, identifies the need for Services, Consultant shall provide a Work Order Proposal for the performance of said Services. The Services may include, but are not necessarily limited to the following: ■ Overall assistance with Administrative Program Management services for the CPMSS for Stormwater Infrastructure Improvements. ■ Production Management: Assistance with programmatic management of stormwater infrastructure improvements, that is, the feasibility and other pre -design studies, financial and other analyses, scheduling, planning, review of construction and/or design delivery method, design, engineering. ■ Assistance with Construction Program for Projects undergoing construction, activities may include, without limitation, monitoring the overall construction schedule of the CPMSS, coordinating schedules among Projects, estimating, work order development, assisting with community outreach, and providing regular construction -associated reports. The award and execution of a Work Order or Notice to Proceed for said Services shall be solely at the City's discretion and submittal of a proposal is no guarantee or assurance that the Consultant will be authorized to perform the Work. Compensation for any Services shall be separately negotiated and may be lump sum, hourly rate -based or other method as deemed appropriate by the parties. Citywide Program Management Support Services 27 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 A2.02 SPECIALTY SERVICES Where Director or designee, in his/her sole discretion, identifies the need for Services related to a unique, and possibly large-scale element, activity, sub -program or Project within the Program and such Services are unavailable from within the City's personnel resources, hereinafter Specialty Services, Consultant shall provide a Work Order Proposal for the performance of said Services. Said proposal shall identify, in such detail as deemed appropriate by the Director or designee, the nature of the proposed Services, the extent of workforce and other resources required for such Specialty Services, and the individual(s), firm(s) and/or team that has qualifications and expertise in the field of the subject endeavor. The assignment of Work as Specialty Services shall be made solely at the discretion of the Director and will be accomplished by a Work Order issued pursuant to this Agreement. The award and execution of a Work Order or Notice to Proceed for said Specialty Services shall be solely at the City's discretion and submittal of a proposal is no guarantee or assurance that the Consultant will be authorized to perform the Work as Specialty Services Compensation for any Specialty Services shall be separately negotiated and may be lump sum, hourly rate - based or other method as deemed appropriate by the parties. ARTICLE A3 PRIMARY SERVICES Those Services considered by the City to be fundamental to the successful management of the overall CPMSS shall be considered Primary Services and shall consist, generally of the following areas: A3.01 ADMINISTRATIVE PROGRAM MANAGEMENT The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in his/her sole discretion, identifies the need, in the comprehensive coordination, development, and management, including, but not limited to, the following Services and/or activities: A3.01-1 Program Implementation Strategies: Research and recommend the most effective methods to implement all aspects of the overall Program. A3.01-2 Program Coordination: Coordination and schedule management for Project design, procurement, contract negotiation and contract administration activities. A3.01-3 Program Logistics: Develop comprehensive Program Work plans, schedules, and budgets. Manage DRPW's plan for Projects, including the updating, revision, conflicts, deviation, and analyses to determine the impact of potential changes to the plan. A3.01-4 Facility Assessment: Conduct an assessment of all City owned facilities to develop a plan for correcting deficiencies and a deferred maintenance program. A3.01-5 Information Systems: Provide guidance in the implementation of a new in-house database information system. A3.01-6 Fiscal Management Assistance: Develop financial projections, monitor, and track Program funds, financing, and cash flows. Assist with the development of program and financial data for potential financing options, including investment bonds, which may be utilized to implement the Program. A3.01-7 Reporting: Furnish regular progress and status reports on the Program at intervals determined by the Director or as significant issues become known to the Consultant. A3.01-8 Staffing: Maintain staffing efficiencies within the Consultant's Team. A3.01-9 Procedure and Process Improvements: Development of procedures and procedure manuals for various Program activities and processes. Develop or assist with the development of standard documents and/or forms. A3.01-10 Document Control and Records Management: Development of a document management system for the Program; maintain documentation and correspondence relating to the Program that is accessible and will be owned by the City. A3.01-11 Annual Stormwater Infrastructure Improvements Plan: Preparation of an annual Stormwater Infrastructure Improvements Plan. A3.01-12 Inter -Agency Coordination: Overall coordination of the City's Program with other governmental agencies, such as the Florida Department of Transportation (FDOT), Miami -Dade County Public Works and Water and Sewer Departments, utility companies, regulatory agencies and with private developers. Citywide Program Management Support Services 28 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 A3.01-13 ADA Compliance: Provide regular and systematic reviews of all projects, during critical phases of project implementation (planning, design, and construction) to assist in compliance with the Americans with Disabilities Act. A3.01-14 Prepare official minutes of meetings for the Director or designee's approval and dissemination. A3.02 PRODUCTION MANAGEMENT SERVICES The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in his/her sole discretion, identifies the need, in the following Services and/or activities: A3.02-1 General Project Administration and Fiscal Activities A3.02-1(a) Cost Control: Provide value engineering throughout Project life cycles as requested and verify constructability of plans and specifications. A3.02-1(b) Financial: Prepare monthly cash draw projections, monitor monthly Project expenditures. Review, monitor and advise the City regarding the disposition of contractors and/or consultants payment requisitions. Assist with timely submission of payment requisitions to meet cash flow commitments. Monitor Project funding, and prepare financial projections as required. A3.02-1(c) Reporting: Provide progress reports and status information on assigned Project(s) to City designees at frequencies identified by Director or designee. A3.02-1(d) Communication and Outreach: At the direction of the Director or designee attend and address meetings with City officials, neighborhood groups, and private citizens concerning Projects, respond to questions and concerns about the Project at City Commission meetings, assist the City with public information, notifications and public meetings required in relation to assigned design construction projects. A3.02-1(e) Information Management, Document Control: Maintain files of all documentation and correspondence relating to the Program and specific Projects in an orderly system which will be submitted to the City upon completion of the Project and/or Program. A3.02-1(f) Legal and Other Services: Should legal issues arise relating to a Project, provide records, depositions, and testimony about affected Projects. Provide consulting Services on other matters relating to the Projects and/or Program. A3.02-2 Design and Production Activities The Consultant, in its capacity as Program Manager, will assist, where/when Director or designee, in his/her sole discretion, identifies the need, in the following Services and/or activities: A3.02-2(a) Project Scoping: Devise and/or confirm detailed Project scopes with staff and client departments commensurate with funding. Verify the accuracy of Architect's/engineer's budget and design estimates against cash flow commitments. Consultant shall consider prioritization and design alternates as contingency measures to verify that cash flow commitments are achieved. A3.02-2(b) Schedules and Budgets: Develop Work plans, schedules, and budgets for the overall Program and for assigned Projects. Coordinate the design, preparation of construction documents, procurement/bidding, and establishment of construction schedules with City staff. A3.02-2(c) Reviews: Provide design and constructability reviews of plans and specifications at progress intervals. Such reviews shall not relieve the designer of record of liability associated with any errors or omissions in the plans and specifications, the responsibility of which shall remain solely with the designer of record. A3.02-2(d) ADA Compliance: Review compliance with handicapped accessibility requirements and maintain documentation/justification when full compliance cannot be achieved. Such a review shall not relieve the designer of record of liability associated with any errors or omissions in the plans and specifications, the responsibility of which shall remain solely with the designer of record. A3.02-2(e) Permits and Approvals: Facilitate and/or assist the City in obtaining all Federal, State, and local permits or approvals (from agencies such as Miami -Dade Water and Sewer, Department of Environmental Resource Management (DERM), Environmental, and Department of Health), etc. Review such permits for consistency with City approved plans and for special Citywide Program Management Support Services 29 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 requirements or conditions, if any. It is the responsibility of the designer of record to file for and obtain all permits. A3.02-2(f) Utility Coordination: Facilitate comprehensive utility coordination to assist with conflict resolution and coordination among City, designers of record, and various utility stormwater infrastructure plans and owners. A3.02-2(g) Design Criteria Standards: Development and revision of existing design criteria, standard and directive drawings, and construction specifications, design drawing standards, Computer -aided design, and drafting (CADD) and other similar standards and criteria to ensure best business practices are utilized. A3.02-2(h) Public Outreach: Assist in coordinating and hosting of periodic meetings at frequencies determined by the Director or designee, to promote best practices by City and industry. A3.02-3 Bids and Contracts A3.02-3(a) Review appropriateness of architectural and engineering consultant and contractor fee proposals with department personnel as appropriate. A3.02-3(b) Provide input and assist with the selection and evaluation of consultants, contractors, and other service providers. A3.02-3(c) Assist with preparation of award documents, grant applications, and assist with the administration of grants. A3.02-3(d) Manage and oversee the selection, monitoring, and oversight of Job Order Contracts in use by the City; assist in the preparation, evaluation and award of new Job Order Contracts if deemed necessary by Director. A3.02-3(e) Assist in negotiations with architectural and engineering consultants and/or contractors regarding price proposals and/or adjustments in time for performance of Services. A3.02-3(f) Assist in the review and analysis of contractor claims as well as claims by the City against contractors and consultants. A3.03 CONSTRUCTION ADMINISTRATION The City of Miami has contracted separately with various firms providing construction engineering and observation (CEO) services. The Program Manager will assist the City, where/when Director, or designee, in his/her sole discretion, identifies the need, in the management of the CEO services, including the following tasks: A3.03-1 Provide administrative coordination between active construction projects in the same or adjacent areas. A3.03-2 Visit the jobsites periodically and as needed to monitor construction progress. A3.03-3 Review and recommend approval of requests for change orders. A3.03-4 Verify that Contractors have filed safety and affirmative action policies. However, the Program Manager shall not be responsible for jobsite safety or for contractor's failure to comply with affirmative action and safety policies. A3.03-5 Administer construction contracts. A3.03-6 Devise and implement initiatives and proactively assist contractors in methods intended to minimize potential disturbances to the public during construction. A3.03-7 Coordinate special inspections including major trades, as requested by the Director or designee. A3.03-8 Review, monitor and recommend approval of payment requisitions from the Contractor and other Program Managers. A3.03-9 Monitor monthly construction related expenditures by the City. A3.03-10 Coordinate and assist in hosting of periodic meetings at frequencies determined by the Director or Designee with contractors to promote best practices by City and industry. Citywide Program Management Support Services 30 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ARTICLE A4 SPECIALTY SERVICES The specific Scope of Services required as Specialty Services shall vary depending on the nature of the specific endeavor and may encompass any or all of the tasks described under Primary Services. The required Work shall be described in a Work Order Proposal that shall form the basis for a Work Order to be approved by the Director or designee. ARTICLE A5 STAFFING The Director or designee has the right to approve and regulate the Consultant's workforce and approve specific Consultant's employees. The Consultant will perform all Services described in this Scope of Services where/when Director or designee, in his/her sole discretion, identifies the need, by use of the Program Staff, as described below. The Director's input regarding staff and Work assigned to Key Personnel and/or Staff for Specialty Services shall be duly considered by Consultant in preparing any individual Work Order proposal and failure to adequately address such concerns regarding staff assignments may be cause for Director's rejection of same. All staff shall be duly qualified, trained and/or licensed to perform the Work assigned to them. The Consultant shall designate a Program Coordinator to manage this Agreement who shall be located at an office maintained by the Consultant. This Program Coordinator shall be responsible for all administrative functions associated with the Agreement. This individual and any other employees of the Consultant performing administrative functions, which are not located at the MRC, shall be part of the Consultant's overhead and not direct billable charges under this Agreement. The Program Coordinator shall be eligible for billable charge when performing specific technical functions when so requested by the Director or designee. A5.01 PROGRAM STAFF A portion of the Primary Services shall be performed by the Consultant's Key Personnel assigned on a full- time basis and housed at the MRC building. Such personnel shall be billed to the City on a monthly lump sum basis. Any modification in the Scope of Work assigned to the Key Personnel should trigger a corresponding modification in the Lump Sum Compensation, as provided in Article B3.01-2. Upon award of an Agreement the Director or designee shall issue a Work Order covering the initial Key Personnel which shall reflect the monthly levels of compensation and Services and a separate Work Order covering those individuals assigned to perform what would be considered Specialty Services, which shall reflect the methods and levels of compensation. A5.02 STAFFING FOR SPECIALTY SERVICES The Work assignments performed by these staff will be requested in writing by the Director or designee for individual or short-term tasks, or for long-term and continuing service tasks, associated with any element of the Scope of Services. The level of effort anticipated for these staff members and their assignments will be analyzed by the Director or his/her designee on an as needed basis and the progress will be measured through the Monthly Progress Report to accompany the monthly invoicing. Staff shall be assigned via Work Order to a given scope of Services. Individual Work Orders shall depict staff and/or activities as being offered on a lump sum, performance basis or hourly rate, limiting amount basis. A5.03 STAFFING CHANGES If additional staff is warranted in the opinion of the Consultant due to workload issues, a written request will be made by Consultant to the Director or designee whose written approval is required as described below. A5.03-1 Changes due to Absence or Termination: If there are changes in the staff depicted in an authorized Work Order, particularly with Key Personnel as identified in the Proposers' RFQ submittal, be absent due to voluntary or involuntary termination, that position will be replaced within five (5) business days of the date of separation, or as requested by the Director or designee. Should an individual staff, particularly Key Personnel as identified in the Proposers' RFQ submittal be absent for more than 15 consecutive business days due to vacation, illness or other matter, Consultant shall provide a qualified replacement that is acceptable to the Director or designee. The Director or designee, at their sole discretion, may additionally request qualified replacement staff due to absences of less Citywide Program Management Support Services 31 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 than 15 business days if warranted by the nature of the Work managed by that staff. The Director or designee may request one or more resumes for any personnel to be assigned and may also request to interview the proposed personnel and select the most qualified person (s), in the City's sole opinion. Selection of such a person to work on the Program does not change the Consultant's sole responsibility and liability for the performance and actions of said person. Such changes shall be noted and approved of in writing. A5.03-2 Changes due to Work Requirements: Director or designee's approval shall be in writing for all additional or replacement Program Staff not included in the Proposal/Work Order and estimated to work in excess of 20 hours per month in total. Consultant shall provide a written proposal to Director detailing anticipated man-hour and related requirements for the task or activity to be assigned to additional Key Personnel or Staff assigned for Specialty Services. The Director or designee may request one or more resumes for any personnel to be assigned and may also request to interview the proposed personnel and select the most qualified person, in the City's sole opinion. Selection of such a person to work on the Program does not change the Consultant's sole responsibility and liability for the performance and actions of said person. ARTICLE A6 ASSIGNMENT OF WORK It is the intent and purpose of the City that the Consultant shall provide the Primary Services hereunder as an extension of DRPW's resources as may be authorized by the Director. It is envisioned that areas of responsibilities and specified tasks will be assigned by the Director or designee. A6.01-1 WORK ORDERS When a specific task is above and beyond the scope of the initial Work Order assigned to Key Personnel Program Support Staff or Program Support Staff assigned to Specialty Services Work Order, the Director or designee will request a Work Order Proposal from the Consultant for Services based on a proposed Scope of Services provided by the Director or designee. The Consultant and Director or designee, and others if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Work and to resolve any questions regarding the proposed Project. The Consultant shall then prepare a written "Work Order Proposal" for the required Services generally following the guidelines provided by DRPW, indicating the proposed Scope of Services, time of performance, proposed fees, Sub consultants if warranted, deliverable items and/or documents, and time frame to complete the Work. The Work Order Proposal shall depict detailed staffing commitments for the proposed Services and the method of compensation, either Lump Sum or Hourly Rate/Limiting Amount. The Consultant shall not be compensated for the preparation or Work Order Proposals. When consensus is reached, the Consultant shall prepare a revised and final Work Order Proposal which will be attached and incorporated into the Work Order authorized by the Director or designee. Upon acceptance of the Work Order Proposal a "Notice to Proceed" will be issued by the Director or designee. No guarantee is made as to how many, and the extent of, Work Orders issued to the Consultant. A601-2 TIME FRAMES FOR COMPLETION Time frames for completion of the several steps required to complete any given assignment, from Development of Objectives through and including Construction Contract Administration, will be determined at the time each Work Order is assigned to the Consultant by the City. ARTICLE A7 ADDITIONAL SERVICES A7.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A7.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A7.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. Citywide Program Management Support Services 32 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 A7.02-2 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as - built documentation are not additional services. A7.02-3 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting, and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A7.02-4 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration, or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A7.02-5 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. ARTICLE A8 REIMBURSABLE EXPENSES A8.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A8.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A8.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A8.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A8.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A8.01-5 Transportation and/or travel per diem expenses: Expenses incurred by authorized persons, as defined by Florida Statutes, Section 112.061, as "A person who is called upon by an agency to contribute time and services as consultant or adviser." All travel must be authorized and approved by the Director or their designee, in advance and in writing. A8.01-6 Other: Items not indicated in Article A8, Reimbursable Expenses, when authorized by the Project Manager. A8.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A9 CITY'S RESPONSIBILITIES A9.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A9.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; Citywide Program Management Support Services 33 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A9.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A9.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A9.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A9.01-5 Reliability: The services, information, surveys, and reports shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A9.02 CONSTRUCTION MANAGEMENT A9.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A9.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Citywide Program Management Support Services 34 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD HBC Engineering Company Civil Engineering- MEP, Const. Mgmt., Inspections BCC Engineering, LLC Civil Engineering- Stormwater, Roadway, GIS Black & Veatch Corporation Environmental Engineering Media Relations Group, LLC Public Relations Geosol, Inc. Geotechnical Engineering Jacobs Engineering Group Inc. Civil and Environmental Engineering and Architecture M.G. Vera & Associates Inc. Survey and Subsurface Utility Engineering Ribbeck Engineering Inc. Civil Engineering- Stormwater Global Construction Estimating Corp. Cost Estimating and Scheduling SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Lead Program Manager Arnelio Alfonso, PE Sr. Program Manager Angela Ruiz, PE, ENV SP Project Manager Eithel Sierra, PE Project Manager Lazaro Ferrero, PE Project Manager Alez Vazquez, PE, CFM Project Manager Carlos Ribbeck, PE Project Manager Francis Mitchell, PE Project Manager John Dinges, PE Project Manager Juan Aceituno, PE, ENV SP Project Manager Kevin Regalado, AIA, ARA, NCARB, LEED AP Construction Manager Levi Boyle, PE Construction Manager Michael Mazer, PE, PMP, DBIA Construction Manager Rodolfo Caceres, PE Construction Manager Alexander Milz, PE Civil Engineer Alejandro Leon, MSEM, PE Civil Engineer Ivonne Planas, PE Civil Engineer Hernan Lugo, MS, PE, CFM Civil Engineer Andres Cardona, PE Structural Engineer Osmany Alfonso, PE Structural Engineer Roberto Rubio, PE Structural Engineer Christian Aquino, PE Hydraulic Engineer Mitchell Griffin, PE Hydraulic Engineer Swamy Pati, PhD, PE, CFM Marine and Coastal Engineer Paul Starr, PhD, PE Marine and Coastal Engineer Daniel Rutland, PE Geotechnical Engineer Oracio Riccobono, PE Citywide Program Management Support Services 35 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 Geotechnical Engineer Adnan Ismail, PE Mechanical, Electrical, and Plumbing ("MEP") Engineer Edgardo Martinez, M, PE MEP Engineer Alex Guon, PE MEP Engineer Edgar Diaz, PE Environmental Specialist Arturo Burbao, PhD, PE, PMP, BCEE Environmental Specialist Carlos Ortega, PE Construction Engineering and Inspection ("CEI") Services Specialist Erik Sibila, PE, CGC, ENV SP CEI Services Specialist Yuriel Addine, PE Project Cost Estimator/Scheduler Julio Lostao, PE, CEP Project Cost Estimator/Scheduler Marco Osorio, PE, CEP Citywide Program Management Support Services 36 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. Citywide Program Management Support Services 37 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION After the first year of the contract term, the escalation of said Wage Rates may be considered upon request by the Consultant. The Consultant may have to supply documentation to justify any requested percentage increase in cost to the City. The City reserves the right to approve or reject said requests for escalation. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. Citywide Program Management Support Services 38 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www.miamigov.com/Government/Departments-Organizations/Office-of- Capital-Improvements. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE 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. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. Citywide Program Management Support Services 39 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Citywide Program Management Support Services 40 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal $132.21 Lead Program Manager $94.00 $272.60 $225.60 Sr. Program Manager $81.11 $235.22 $194.66 Project Manager $85.00 $246.50 $204.00 Construction Manager $70.00 $203.00 $168.00 Civil Engineer $75.00 $217.50 $180.00 Structural Engineer $77.00 $223.30 $184.80 Hydraulic Engineer $77.00 $223.30 $184.80 Marine and Coastal Engineer $70.00 $203.00 $168.00 Geotechnical Engineer $67.00 $194.30 $160.80 Mechanical, Electrical, and Plumbing Engineer $72.00 $208.80 $172.80 Environmental Specialist $59.00 $171.10 $141.60 Construction Engineering and Inspection Services Specialist $70.00 $203.00 $168.00 Project Cost Estimator/Scheduler $78.00 $226.20 $187.20 (*) Flat rate, no multipliers applied. Citywide Program Management Support Services 41 RFQ No. 22-23-002/2 for Stormwater Infrastructure Improvements DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE ill_ _ _ :__ - _ - v.h =lcc• OFFICE OF CAPITAL CONSULTANT CITY OF MIAMI IMPROVEMENTS STANDARD % M PLETE 1OCI I . INVOICE To: ATTN: FrIMr1_ NOTE: "(y of l•' 3rt- Oriceo=•:_=D17111r-:-:a.°- 414 SIN ;2nd Avenue Miami, FL 13D Involoe Number. InvcicaData: Papa: Invoice Perlatl:.Fnorn: Contract No.: Contract Tltia: Project No.: Project Name: Purace Order No.: YeorIt CrU9r F#: P.'D-.:r __ ._Cr, To: Werth 0003 k4Dnlh D3, 00E0 Ir v`kr. r`"r..,: wAr 2.68 FTerrre i rn:pi: I plVerUr m 2N Ertl imam Pe lipod Pi -.II w . bnp.J wlo, a p1yTrrtm edlkr L-p a F1rK.pgi art Sim Ai. urges 1? 31CT ratio-. Ilru ra.uc Bu.,nr.. 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Ber.ics .Autetihriur: rTyq Nam rdMe a Frire Ir CITY OF MIS.MI APPROVAL: F.EL TC HE COMPL_Zao BY crlY OF !Sail DATE s E. ATL.iE. -r.- it: e.etl CAP: PROJECT MANA.a.ER CHEF PROJECTMAPIAG ER .large L. Mora _ - Date Fee te' Paymert PrixessInip lHudgr1 Department): ?OPERANT DIRECTOR Hector EAD a INTERIM DIRECTOR Citywide Program Management Support Services 42 for Stormwater Infrastructure Improvements RFQ No. 22-23-002/2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E TO: Arthur Noriega V City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM: Annie Perez, CPPO, Chief Procurement Officer/Director Department of Procurement —DocuSigned by: 89540EB73CAC468... DATE: September 28, 2023 SUBJECT: Recommendation for Award of Contracts for Citywide Program Management Support Services for Stormwater Infrastructure Improvements REFERENCES Request for Qualifications (RFQ) No. 22-23-002 ENCLOSURES: 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 the award of six (6) professional services agreements (PSAs) to CES Consultants, Inc., CHA Consulting, Inc., and WSP USA, Inc. (collectively the "Consultants") for Citywide Program Management Support Services for Stormwater Infrastructure Improvements (the "Project"). Two (2) PSAs will be awarded to the Consultants for each of the Groups 1 (Federally Funded Projects) and 2 (Non -Federally Funded Projects). The Services are necessary to provide the City of Miami (the "City') with the program management and administration of planned and unplanned stormwater infrastructure improvements under the direction of the Department of Resilience and Public Works ("RPW"). The Consultants have demonstrated substantial prior experience in providing program management services. Detailed scopes of work will be developed for each assignment, which will typically be issued on a rotational basis factoring in performance and dollars allocated for previous work orders issued because of this solicitation. It is anticipated that services provided by the Consultants may include, but not be limited to, specific management oversight of stormwater infrastructure projects, which encompass planning, design, and construction activities, as well as related services. The Consultants shall function as an extension of RPW's resources by providing qualified technical and professional personnel to perform the duties and responsibilities assigned to them pursuant to the City's Stormwater Infrastructure Master Plan. FISCAL IMPACT The fiscal impact to the City because of the Work included under each of these PSAs will not exceed your delegated authority of $500,000.00. The hourly rates proposed by the Consultants for their key personnel varied between $258.65 for Principals and $49.30 for the lowest required classification. The hourly rates proposed by the City, and accepted by the Consultants, ranged from $210.00 to $49.30 for the proposed classifications, resulting in considerable savings for our taxpayers. BACKGROUND On November 18, 2022, Procurement issued RFQ No. 22-23-002 under full and open competition, to obtain proposals from qualified and experienced professional consulting firms to procure a DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Page 2, Recommendation for Award of Contract for Citywide Program Management Support Services for Stormwater Infrastructure Improvements Arthur Noriega V, City Manager Citywide pool of program management consultants, which will operate under the oversight of RPW's project management staff. The solicitation was advertised in accordance with Florida Statutes, Section 287.055, the Consultants' Competitive Negotiation Act (CCNA). On January 6, 2023, Procurement received six (6) proposals in response to this solicitation, three (3) for Group 1 and three (3) for Group 2. Consequently, the proposals were reviewed by Procurement staff, upon which all proposals from the Consultants were deemed responsive and responsible. Subsequently, on June 12, 2023, the Evaluation Committee appointed by the City Manager completed the evaluation of all six (6) responsive and responsible proposals and recommended that negotiations of PSAs be initiated with all Consultants. As a result, Procurement requested the Consultants to submit their proposed hourly rates for key personnel, which were received on July 12, 2023. Subsequently, on August 4, 2023, a Negotiations Team reviewed the hourly rates for key personnel submitted by the Consultants, and the City counter proposed rates as compensation to the Consultants on August 25, 2023. Finally, between August 28, 2023, and September 9, 2023, the Consultants accepted in writing the hourly rates proposed by the City for their key personnel. Consequently, approval of this recommendation is requested. Execution of six (6) PSAs will be completed upon your approval. Your signature below indicates your approval of Procurement's recommendation. Approved: l DocuSigned by: avitutr Navi4a, 850CF6C372DD42A... Hnnur Noriega v, City Manager October 4, 2023 1 15:31:02 ED- Date: c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Juvenal Santana, PE, Director, PRW Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR23179 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable City of Miami Commissioners DATE: June 22, 2023 and Honorable Mayor of the City of Miami Arthur Noriega V City Manager DocuSigned by: (!.v Navit,11, 850CF6C372DD42A.. SUBJECT Report of Evaluation Committee for RFQ No. 22-23-002 Citywide Program Management Support Services for Stormwater Infrastructure Improvements Fmr'' ^q'tRES: Report of Evaluation Committee 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: ah c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Annie Perez, CPPO, Chief Procurement Officer, Director of Procurement Juvenal Santana, PE, CFM, Director of Resilience and Public Works Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR23126 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager FROM Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DocuSigned by: _,4_,L,(-?...4...„ 89540EB73CAC468... DATE June 22, 2023 SUBJEC Report of Evaluation Committee for Request for Qualifications (RFQ) No. 22-23- 002, Citywide Program Management Support Services for Stormwater Infrastructure Improvements kr i��.ir RFQ No. 22-23-002 ENCLOSURES', Tabulation, Evaluation Committee Score Sheets, Evaluation Committee Appointment Memorandum, and Response Security List BACKGROUND On November 18, 2022, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 22-23-002 for the provision of Citywide Program Management Support Services for Stormwater Infrastructure Improvements ("Project"), on behalf of the Department of Resilience and Public Works ("RPW'). On January 6, 2023, Procurement received six (6) proposals in response to this solicitation, three (3) for Group 1 and three (3) for Group 2, from CES Consultants, Inc., CHA Consulting, Inc., and WSP USA Inc. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of its due diligence effort, all six (6) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. SUMMARY OF EVALUATION While governed by Florida Statutes Section 287.055, a 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 June 12, 2023, an Evaluation Committee ("Committee") appointed by the City Manager on May 10, 2023, met to complete the Step 1 evaluation of the six (6) responsive and responsible proposals, following the guidelines stipulated in the solicitation. One (1) of the original voting committee members, Mr. Jose Oliveros, Assistant Director, Capital Improvements, Public Works Department, City of Coral Gables, was unable to attend the meeting. The alternate committee member, Mr. Keith Ng, with the City's Office of Capital Improvements (OCI) was contacted and provided the proposals prior to the meeting. Accordingly, the proposals were evaluated pursuant to the six (6) evaluation criteria listed below: DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Page 2, RFQ 22-23-002 Citywide Program Management Support Services for Stormwater Infrastructure Improvements Arthur Noriega V, City Manager Evaluation Criteria Step 1 1. Proposer's Qualifications and Experience 2. Lead Program Manager's Qualifications and Experience 3. Senior Program Manager's Qualifications and Experience 4. Team Members Qualifications and Experience 5. Design Philosophy and Process/Technical Capabilities and Approach 6. Amount of Work Awarded by the City Maximum Points (Per Committee Member) 30 20 20 15 10 5 Total Maximum Points Per Committee Member 100 Due to the potential utilization of non -local funding sources to compensate the selected consultants under contract, the standard fifteen percent (15%) participation of Small Business Enterprise ("SBE") firms was not required for Group 1. However, for Group 2, a five (5) point bonus was assigned to Consultants that have SBE firms with a local office that met the required 15%. Furthermore, Procurement staff assigned scores for Criterion 6, "Amount of Work Awarded by the City," based on the amount of work awarded by the City of Miami within the previous three (3) years from the Proposal Submission Due Date of January 6, 2023. The individual scores per team under this criterion are indicated in parenthesis next to the total awarded points shown below. The final scores were as follows: GROUP 1 - FEDERALLY FUNDED PROJECTS Proposing Firms Awarded Points (Maximum 500 points) 1. CHA Consulting, Inc. 2. CES Consultants, Inc. 3. WSP USA, Inc. GROUP 2 - NON -FEDERALLY FUNDED PROJECTS Proposing Firms 444 (4) 437 (2) 425 (5) Awarded Points (Maximum 500 points) 1. CHA Consulting, Inc. 2. CES Consultants, Inc. 3. WSP USA, Inc. (*) Total awarded points include a five (5) point bonus related to SBE Participation Provisions. 453 (4) 444* (2) 423 (5) The Committee decided to waive Step 2 proceedings and voted unanimously to recommend to the City Manager that negotiations of professional services agreements ("PSAs") be initiated with each firm, at the sole discretion of the City. The tabulations and individual Committee Members' score sheets for the Step 1 proceedings are attached as supporting documentation. Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Ms. Clara Sidan from RPW and Messrs. Giraldo Marquez and Keith Ng from the Office of Capital Improvements, to commence negotiations of a PSA to provide citywide program management support services for stormwater infrastructure improvements with the firms listed above, in the preferred order of ranking. At the sole discretion of the City, a PSA may be negotiated with all three (3) ranked teams for both Groups. PR23127 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Page 3, RFQ 22-23-002, Citywide Program Management Support Services for Stormwater Infrastructure Improvements Arthur Noriega V, City Manager DocuSigned by: grgutrNome Approved: RSor PRC'772 nz.7a Arthur Noriega V, City Manager Date: June 27, 2023 1 13:34:28 EDT c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney, Office of the City Attorney Juvenal Santana, PE, CFM, Director, RPW Fernando V. Ponassi, MA Arch., MA PPA, LEED AP, Assistant Director, Procurement PR23127 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager Annie Perez, CPPO, Director Department of Procurement —DocuSigned by: 89540EB73CAC468... DATE: May 8, 2023 FILE: SUBJECT Appointment of Evaluation Committee for Request for Qualifications ("RFQ") No. 22-23-002 Citywide Program Management Support Services for Stormwater Infrastructure Improvements REFERENCES: RFQ No. 22-23-002 The Procurement Department ("Procurement"), on behalf of the Office of Capital Improvements ("OCI"), issued RFQ No. 22-23-002 on November 18, 2022, for Citywide Program Management Support Services for Stormwater Infrastructure Improvements. It is respectfully requested that you approve the appointment of the following individuals to serve as members of the Committee to evaluate and score proposals to be received on January 6, 2023. Each proposed member has the requisite knowledge and experience to evaluate the proposals pursuant to the RFQ. Chairperson (non -voting) Anthony Hansen, Sr. Procurement Contracting Manager, Procurement, City of Miami ("COM") City of Miami Committee Members (voting) Clara Sidan, PE, Assistant Director, Department of Resilience and Public Works, COM Giraldo Marquez, PE, Chief Project Manager, OCI, COM External Committee Members (voting) Liza Herrera, PE, ENV SP, Manager, Stormwater Design Section, Roadway Engineering and Right - of -Way Division, Department of Transportation and Public Works ("DTPW"), Miami -Dade County ("M DC") Diniester Marcelo, PE, Sr. Professional Mechanical Engineer, Facilities and Infrastructure Management Division, MDC Internal Services Department Jose L. Oliveros, Assistant Director, Capital Improvements, Public Works Department, Coral Gables Alternate Committee Members Fabiola Dubuisson, Sr. Project Manager, OCI, COM Keith Ng, CFM, Senior Project Manager, OCI, COM APPROVED: AP: ah DocuSigned by: artLyrNbV1 Arthur Noriega V, City Manager May 10, 2023 1 10:56:54 EDT Date c: Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney, Office of the City Attorney Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Citywide Program Mgmt City of Miami Bid #22-23-002 - Citywide Program Mgmt Support Svcs for Stormwater Infrastructure Improvements Creation Date Nov 17, 2022 Start Date Nov 18, 202210:51:13 AM EST End Date Jan 6, 2023 5:00:00 PM EST Awarded Date Not Yet Awarded 22-23-002-01-01 Citywide Program Mgmt Support Svcs for Stormwater Infrastructure Improvements Supplier Unit Price Qty/Unit Total Price Attch. Docs WSP USA Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: 22-23-002 Supplier Notes: GROUP 1: FEDERALLY FUNDED PROJECTS WSP USA Inc. Alt 1 - 1 / each ! Y Product Code: Agency Notes: Supplier Product Code: 22-23-002 Supplier Notes: GROUP 2: NON -FEDERALLY FUNDED PROJECTS CES Consultants, Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: CHA Consulting, Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: ,Supplier Notes: Supplier Totals f CHA Consulting, Inc. Bid Contact Courtney Hellein chellein@chacompanies.com Ph 407-789-1799 Agency Notes: f WSP USA Inc. $0.00 Address 8935 NW 35th Lane Suite 200 Dora!, FL 33172 Supplier Notes: Head Attch: DUI $0.00 Bid Contact Toni Friedman Address 2202 N. West Shore Blvd., Suite floridamarketing@wsp.com 300 Ph 813-520-4444 Tampa, FL 33767 Bid Notes WSP is pleased to submit a proposal for Group 1 - Federally Funded Projects and Group 2 - Non -Federally Funded Projects for your review and favorable selection. Agency Notes: Supplier Notes: Head WSP is pleased to submit a proposal for Attch: 1/10/2023 p. 1 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Citywide Program Mgmt City of Miami Group 1 - Federally Funded Projects and Group 2 - Non -Federally Funded Projects for your review and favorable selection. f CES Consultants, Inc. $0.00 Bid Contact Rudy Ortiz cesinfo@cesconsult.com Ph 305-827-2220 Fax 305-827-1121 Address 880 SW 145th Ave Suite 106 Pembroke Pines, FL 33027 Agency Notes: Supplier Notes: Head Attch: iUI **AII bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received may be available for inspection at that time. 1/10/2023 p. 2 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E CHAHOLDING LGHIGLIAZZA , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 10/19/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02169 CONTACT NAME: PHONE (A/c, No, Ext): (617) 328-6555 FAX No):(617) 328-6888 a DD RIEss: boston@amesgough.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Phoenix Insurance Company A++, XV 25623 INSURED CHA Consulting, Inc. 3 Winners Circle Albany, NY 12205 INSURER B : Travelers Indemnity Company, A++, XV 25658 INSURER C : Berkshire Hathaway Specialty Insurance Company (A++XV) 22276 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 630-7E170386 Approved by Terry Quevado 8/1/2023 10/24/2023 8/1/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 500 000 $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: X LIMIT APPLIES PED X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY X 810-4S407410 8/1/2023 8/1/2024 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Y) DAMAGE (Per accidentP) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP-4S539836 8/1/2023 8/1/2024 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A UB-45429322 8/1/2023 8/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C C Professional Liab 47-EPP-308429-05 47-EPP-308429-05 8/1/2023 8/1/2023 8/1/2024 8/1/2024 Per Claim Aggregate 6,000,000 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) If Al box is checked, GL Endorsement Form #CGD604, Auto Al #CAT499 to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions. RE: Professional engineering and related professional services in connection with Citywide Program Management Support Services for Stormwater Infrastructure Improvements — Group 2, Non -Federally Funded Projects, RFQ No. 22-23-002, Contract No. 22-23-002/2. City of Miami shall be included as additional insured with respects to General and Auto Liability where required by written contract. General Liability is Primary and Non-contributory as required per written contract. A Waiver of Subrogation and 30 Day Notice of Cancellation is provided in accordance with the policy terms and conditions. Professional Liability Policy Retroactive Date: Full Prior Acts CERTIFICATE HOLDER CANCELLATION Cityof Miami Attn: Anthony Hansen, Sr. Procurement Contracting Manager 444 SW 2nd Ave. 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE GLa't -nat ve-it ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E From: Ouevedo, Terry To: Caseres. Luis Cc: Gomez Jr., Francisco (Frank) Subject: RE: COI approval Date: Tuesday, October 24, 2023 2:03:30 PM Attachments: image002.pnq Luis The COI is adequate. Rega rds, PI'I „i7-412.--gmetecki City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoPmiamigov.com :Sewusy, 5dawc. 6ry, atird 7,74, 070u6ry arvr garsuruteet9 From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Tuesday, October 24, 2023 1:43 PM To: Quevedo, Terry <TQuevedo@miamigov.com> Subject: RE: COI approval Good afternoon Terry, Attached is COI with PL Retro Date. Best regards, L—C e'- 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 ELcaseres@miamigov.com DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E "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: Quevedo, Terry <TQuevedol@miamigov.com> Sent: Tuesday, October 24, 2023 1:17 PM To: Caseres, Luis <Lcaseresl@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomezPmiamigov.com>; Aviles, Yesenia <YAvilesPmiamigov.com> Subject: RE: COI approval Hi Luis Please provide retro date on the PL Thanks je:Vy 0(mac, City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax TquevedoPmiamigov.com "Sews y, S a,,e6,9, aed 71404 ,70,6, aor garsusutoset9 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E DIVISION OF CORPORATIONS DI VEI0s I Of 1 '�fi,,h .org rJ F'_[ Js AT1 O i f i an official 3ina, of Florida ivtlrsit Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation CHA CONSULTING, INC. Cross Reference Name CHA CONSULTING, INC. Filing Information Document Number F08000004937 FEI/EIN Number 16-0966259 Date Filed 11/17/2008 State NY Status ACTIVE Last Event DROPPING DBA Event Date Filed 04/06/2021 Event Effective Date NONE Principal Address III WINNERS CIRCLE ALBANY, NY 12205 Changed: 09/07/2023 Mailing Address III WINNERS CIRCLE ALBANY, NY 12205 Changed: 09/07/2023 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Officer/Director Detail Name & Address Title CEO CORSO, GREGORY D III WINNERS CIRCLE ALBANY, NY 12205 DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E Title CFO BERNARDO, DOM M 3 WINNERS CIRCLE ALBANY, NY 12205 Title Secretary, General Counsel PLATT, MICHAELA 3 WINNERS CIRCLE ALBANY, NY 12205 Title AS TITSWORTH, THOMAS DESQ 3 WINNERS CIRCLE ALBANY, NY 12205 Title President Stephenson, James 1 Faneuil Hall Marketplace South Market Building, suite 4195 Boston, MA 02109 Annual Reports Report Year Filed Date 2022 01/10/2022 2023 01/30/2023 2023 09/07/2023 Document Images 09/07/2023 -- AMENDED ANNUAL REPORT 01 /30/2023 -- ANNUAL REPORT 01/10/2022 -- ANNUAL REPORT 04/06/2021 -- Dropping Alternate Name 01/18/2021 -- ANNUAL REPORT 01 /22/2020 -- ANNUAL REPORT 03/27/2019 -- ANNUAL REPORT 03/15/2018 -- ANNUAL REPORT 02/28/2017 -- ANNUAL REPORT 09/22/2016 -- AMENDED ANNUAL REPORT 02/09/2016 -- ANNUAL REPORT 02/23/2015 -- ANNUAL REPORT 03/25/2014 -- ANNUAL REPORT 01/31/2013 --ANNUAL REPORT 02/17/2012 -- Amendment 01 /30/2012 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format DocuSign Envelope ID: 136E85D2-BA18-4313-B8A8-6A97C97F112E 04/12/2011 -- FEI# CHANGED 03/04/2011 -- ANNUAL REPORT 12/28/2010 -- Name Change 03/05/2010 -- ANNUAL REPORT 04/17/2009 -- ANNUAL REPORT 12/18/2008 -- Amendment 11 /17/2008 -- Off/Dir Resignation 11 /17/2008 -- Off/Dir Resignation 11 /17/2008 -- Foreign Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations Olivera, Rosemary From: Caseres, Luis Sent: Tuesday, December 5, 2023 9:02 AM To: Ponassi Boutureira, Fernando; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony; McGinnis, Lai -Wan Cc: Cambridge, Susan; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise Subject: Document Distribution - RFQ 22-23-002 - Stormwater Infrastructure Improvements - Grou P 2 Attachments: RFQ 22-23-002 - CPMSS For Stormwater Infrastucture Impvts Group 2-CHA-Executed 12-05-2023.pdf Good morning 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- 1933 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: PSA First Party: City of Miami Second Party: CHA Consulting, Inc. Program/Purpose: Citywide Program Management Support Services for Stormwater Infrastructure Improvements - Group 2 Effective Date: 12/05/2023 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