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26101
AGREEMENT INFORMATION AGREEMENT NUMBER 26101 NAME/TYPE OF AGREEMENT RIBBECK ENGINEERING INC. DESCRIPTION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT/CIVIL ENGINEERING SERVICES FOR CITYWIDE FLOOD MITIGATION IMPROVEMENTS RFQ NO. 23-24- 004/1 /FILE I D : 15870/R-24-0203/MATTER I D : 26-959 EFFECTIVE DATE May 1, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/1/2026 DATE RECEIVED FROM ISSUING DEPT. 5/1/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D ORVO CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Anthony Hansen EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Ribbeck Engineering Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 3,412,371.46 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Amendment No. 1 to RFQ 23-24-004/1 - Capacity Increase PURPOSE OF ITEM (BRIEF SUMMARY): Increase capacity of contract RFQ 23-24-004/1 for the JPA with MDC NO NO COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER Reviewed and OK to proceed. Fernando Ponassi April 8, 2026 117:32:53 Annie Perez, CPPO EDT SIGNATURE: ,—DocuSigned by: _A-.;... I? ..t,4_, RISK MANAGEMENT April 9, 2026 1 06:42:58 David Ruiz EDT SIGNATURE: `-89'S�IIEBY3t C4b8... —DocuSigned by: FK Dwtt/i) `— 2(395C63182i4E7... Signed by: BUDGET OFFICE Funding is budgeted and available in 40-B233815 LEM 4/15/26 April 15, 2026 12 Marie Gouin :45:24 EDT SIGNATURE: CITY ATTORNEY /s/ TMF 26-959 Matter ID No. 26-959 April 21, 2026 11' George K. Wysong III :26:25 EDT SIGNATURE: —5F6E83i 796C549b... ,—DocuSigned by: ��/ �t�Sbin t • ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER April 21, 2026 111:34:17 Erica T. Paschal Darlin. EDT SIGNATURE: 68770E9FL86243B... Ci uSigned by: i>caPaodvai ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A 5E85ifi5-=53 4bc,... Barbara Hernandez, MPA N/A SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE April 21, 2026 111:41:15 Asael Marrero EDT SIGNATURE: DocuSigned by: E)?t, '`". COF4AD9ABO3B45A... DEPUTY CITY MANAGER April 30, 2026 I 1 Natasha Colebrook -Will DocuSigned by: :38:06 EDT Nr.zk44 e014441 SIGNATURE: CITY MANAGER April 30, 2026 I 15:59: James Reyes EDT SIGNATURE: Oe9Y-SDE-A41 B... Signed by: CITY CLERK May 1, 2026 109:27:57 Todd Hannon EDT SIGNATURE: A68C256F2C6A478... DocuSigned by: `_ FaFmsFoncFws PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 26015 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 1. TITLE: AGENDA ITEM CHEAT SHEET RFQ No. 23-24-004 for Civil Engineering Services for Citywide Flood Mitigation Improvements (Increase in Capacity) 2. TYPE OF CONTRACT (Emergency ratification, SS, Piggyback, IFB, RFP, etc.): RFQ 3. TOTAL FISCAL IMPACT IN THE AGGREGATE: $3,412,371.46 4. SOURCE OF FUNDING: Department of Resilience and Public Works — B-233815 5. CONTRACT SAVINGS ACHIEVED/REVENUE: 6. SCOPE OF SERVICES: N/A The Consultant shall provide design engineering services for road reconstruction including, but not limited to, drainage improvements, stormwater modeling, sidewalks, ADA compliant ramps, curb and/or gutter structures, pavement markings and striping, roadway signage, utility coordination, design development, construction permitting, bidding and construction administration. The proposed drainage will include exfiltration trenches and a series of underground injection wells. 7. WHAT IS THE TERM OF THE CONTRACT? (Please include OTR's) Project specific 8. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes Sec. 287.055, Consultants' Competitive Negotiation Act ("CCNA") 9. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? RPW 10. NAME OF AWARDEE(S): Ribbeck Engineering Inc. Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 11. IS THE AWARDEE THE INCUMBENT? Ribbeck is currently providing the service. 12. BACKGROUND INFORMATION OF AWARDEE (I.E. NUMBER OF YEARS IN BUSINESS, LOCATION AND ANY OTHER PERTINENT INFORMATION? Ribbeck Engineering Inc. (FEI# 26-0460404) Founded in 2007 Director/President/CEO: Carlos Ribbeck Headquarters: Miami, FL Number of employees: 11-50 13.WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of the project. 14.IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? DESCRIBE PRICE DIFFERENTIAL. Ribbeck is currently providing the service. 15.IF PROCURING GOODS, WHERE ARE THE GOODS MANUFACTURED? IF PROCURING A SERVICE, WHERE IS THE FIRM LOCATED? Miami, Florida 16.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $1,979,293.64 17. HOW MANY BIDDERS/PROPOSERS? IF ONLY ONE BIDDER/PROPOSER, WHAT WERE THE RESULTS OF THE SURVEY? N/A 18.OTHER INFORMATION (Did Local Preference affect the award; was any firm deemed non -responsive; if yes which one(s) and why; was there a BAFO, and any other pertinent information): 1. Local Preference — N/A 2. Non -Responsive — N/A 3. BAFO — N/A Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK ENGINEERING INC. FOR CIVIL ENGINEERING SERVICES FOR CITYWIDE FLOOD MITIGATION IMPROVEMENTS CONTRACT RFQ NO. 23-24-004/1 This Amendment No. 1 to the Professional Services Agreement dated September 23, 2024 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Ribbeck Engineering Inc. ("Consultant"), a Florida Profit Corporation, for the provision of civil engineering services for citywide flood mitigation improvements ("Services") for the Department of Resilience and Public Works ("RPW') is entered into this ni day of May , 2026 . RECITALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 23-24-004, the City Manager executed an Agreement with the Consultant for an amount of $3,400,445.47; and WHEREAS, the current Water Main Compensation Limit is insufficient to address the additional work for water betterment design services for the newly added segment within the City of Miami Allapattah flood improvements project; and WHEREAS, it is in the best interest of the City to increase the existing capacity of the Agreement to accommodate the additional work; and WHEREAS, this Amendment No. 1 to the Agreement increases the capacity of the Agreement by $11,925.99, thereby increasing the award value from $3,400,445.47 to an amount of $3,412,371.46; and WHEREAS, Section 18-117, "Economic Stimulus Awards and Agreements," of the Code of the City of Miami authorizes the City Manager to award change orders to construction contracts, without City Commission approval, when the value of the recommended award does not exceed the estimated cost of construction by more than ten percent (10%). NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.04-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," hereto; which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed Three Million Four Hundred Twelve Thousand Three Hundred Seventy -One Dollars and Forty -Six Cents ($3,412,371.46), inclusive of Reimbursable Expenses, a Dedicated Allowance for the Water Main portion of the Project, and Owner's Contingency Allowance, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Amendment No. 1 to the Professional Services Agreement with Ribbeck Engineering Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. limits of this Agreement, as it may be amended from time to time. The work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act for Continuing Contracts, and other limitations on compensation, as applicable. Counterparts; Electronic Signatures This Amendment 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 Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (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 Amendment upon request. ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT ARE IN OPERATIVE FORCE AND EFFECT AND REMAIN UNCHANGED. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Amendment No. 1 to the Professional Services Agreement with Ribbeck Engineering Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Maher Maaliki, Senior Engineer Print Name, Title ATTES Consultant SeciEetary.. (Affirm Consultarf{,Seer";if.ava)I Ie .` ATTEST: DocuSigned by: .°Iannon, City Cler APPROVED AS TO INSUR REQUIREMENTS: DocuSigned by: FIra,ttk Gow�v7 .821.4 , David Ruiz, Interim Director Risk Management Department Signed by: Ribbeck Engineering Inc., a Florida Profit Corporation 37g ►a�uri Carlos Ribbeck, President Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida Signed by: c AFiRC256F2C8A478 James Reyes, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSigned by: Gt,avroc, ill(Isai Ill '—•8,8748E9L882486... George K. Wysong III, City Attorney 26-959 DS Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Amendment No. 1 to the Professional Services Agreement with Ribbeck Engineering Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Ribbeck Engineering, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 2 day of April , 2026 a resolution was duly passed and adopted authorizing (Name) Carlos Ribbeck as (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, 'have -hereunto set my hand this 2 day of April 20 26 . ; ` / / ,/ / Secretary: Print: Carlos Ribbeck 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 , 20_ 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. 20 IN WITNESS WHEREOF, I have hereunto set my hand this , day of Partner: Print: Names and addresses of partners: Name Street Address City State Zip Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D COUNTY OF Amendment No. 1 to the Professional Services Agreement with Ribbeck Engineering Inc. for Civil Engineering Services for Citywide Flood Mitigation Improvements. 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 L. t> /l1 OA ) yt4 ti\Y‘n — VAV t! ) /� The foregoing instrument APAIL` ,20E by m~car who has produced did not) take ate ath. CAyt,L.P /1-1 /V) ak SIGN E OF NOTARY PUBLIC STAT: OF l / OA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC was acknowledged before me this , who is Ezrally kno as identification and who (did / JAVIER MARCOS VELIZ Notary PubIk - State of Florida r Commission W HN 463987 My Comm, Expires Dec 29, 2027 did through National Notary Assn, _— 46. day of Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D yr r it_,1AL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY, FLORIDA AMENDMENT NUMBER 1 CITY OF MIAMI & MIAMI-DADE COUNTY JOINT PARTICIPATION AGREEMENT City of Miami Project No. 40-B233815 Miami -Dade Water & Sewer Department Project No. PCTS - 20321 Location: NW 7th Avenue to NW 14'h Avenue from NW 23'd Street to NW 31" Street Date of Work: From February 2025 to August 2026 THIS AMENDMENT NUMBER 1 (the "AMENDMENT") is entered into this 20 day of March , 2026 ("Effective Date"), by and between Miami -Dade County (the "County") and the City of Miami (the "City", and collectively with the County, the "Parties") to amend the Joint Participation Agreement (the "Agreement") entered into on February 21, 2025 for City Project No. 40-B233815/Miami- Dade Water and Sewer Department ("WASD") Project No. PCTS - 20321. WITNESSETH WHEREAS, pursuant to the Master lnterlocal Agreement dated January 8th, 2026 and approved by both Parties' governing boards, the Parties may enter into joint participation agreements for individual projects where the City will be performing work in an area where WASD also needs to make improvements; and WHEREAS, the Parties desire to amend the Agreement to incorporate modifications to the Contract Cost and/or Contract Time for the Utility Work described in this Joint Participation Agreement, due to additional water betterment design services required for the newly added segment of NW 29th Terrace between NW 12th Avenue and NW 14th Avenue. The improvements include approximately 1,400 linear feet of 8-inch ductile iron pipe (DIP) water main, new service connections, and fire hydrants. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the County and the City hereby agree to the following: 1. The Agreement is hereby amended to revise the Contract Cost and/or Contract Time as follows: a. X Contract Cost Adjustment If applicable, the Contract Cost is hereby increased by $ 77,407.58 (including 10% administrative fee), revising the original JPA amount of $ 262,350.23 to an amended total amount of $ 339,757.81. b. Contract Time Adjustment If applicable, the Contract Time is hereby increased by calendar days, revising the original JPA duration of calendar days to an amended total duration of calendar days. Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 2. All other terms and conditions set forth in the Agreement not expressly modified or revised herein shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment Number One by having the same signed by their duly authorized representatives, the day and year first written above. ATTEST: JUAN EERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER BY: athiae,telt DJty Clerk Signature Print Name: Olga Valverde — e18183 Date: 03/20/2026 Approved by County Attorney as to form and legal sufficiency MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ounty Mayor %0MMvS + a m€ COUNTY tom: 0 • "._ • 1 v �- RI OO .i e* e i'A .t. QOM lam ®®''•••.........•••• Assistant aunty Attorney Signed by: \0.}•e ATTF .... CITY OF MIAMI, a municipal corporation of the State of Florida DoeuSipn.d by: Signed by: _March 5, 2026 1 17:16:46EST March 5, 2026 1 15:23:19 EST Todd B. Hannon, City Clerk Date: James Reyes, City Manager Date: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: 1 ooe�8y�ign. aby March 4, 2026 I 16:55:4 Ea8de»': March 3, 2026 I 10:23:44 EST r i�ysaw� ill Fmk 4.4t.� � F"096663 :024YT... George K. Wysong III Date: David Ruiz Date: City Attorney Interim Director [Signedby� #26-570/PMA Risk Management c Yioia h.. QYiaS E2E13F0A8006412 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CITY OF MIAMI & MIAMI-DADE COUNTY JOINT PARTICIPATION AGREEMENT City of Miami Project No. 40-B233815 Miami -Dade Water & Sewer Department Project No. PCTS - 20321 Location: NW 7th Avenue to NW le Avenue from NW 23rd Street to NW 31' Street Date of Work: From February 2025 to January 2026 THIS AGREEMENT, entered into this day of , year of ("Effective Date"), by and between the City of Miami (the "CITY") and Miami -Dade County (the "COUNTY"), WITNESSETH: WHEREAS, on or about December 18, 2024, the CITY and the COUNTY entered into an Interlocal Master Agreement, which was approved through CITY Resolution R-24-0337 and COUNTY Resolution R-1081-24; and WHEREAS, the Interlocal Master Agreement provides the overall governing terms of the relationship and protocol for the CITY and the COUNTY to follow when they wish to enter into a Joint Participation Agreement ("JPA") in those instances where the CITY intends to engage in a project that involves constructing, reconstructing or otherwise changing or improving a public road (the "Project") and the COUNTY has utility facilities that must be protected, relocated, installed, adjusted or removed within the public road or area that the CITY intends to improve through the Project, NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and consistent with the terms of the Interlocal Master Agreement, the CITY and COUNTY hereby agree as follows: 1. The CITY shall perform the: X Design Construction of the Utility Work in connection with its Project located at NW 7d' Avenue to NW 14'h Avenue from NW 23rd Street to NW 31 ' Street to be performed in or around February 2025 to January 2026. 2, X As indicated in Paragraph 1 above, the CITY is to perform the design work for the Utility Work. Accordingly, consistent with Paragraph (3)(c)(7),the COUNTY shall pay the CITY a lump sum for the design work within forty-five (45) days of the COUNTY's receipt of an invoice Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D from the CITY for the design costs as agreed to based on the design cost proposal provided to the COUNTY by the CITY within two (2) weeks of the Mandatory Utility Meeting. 3. N/A As indicated in Paragraph 1 above, the CITY is to perform the construction of the Utility Work. Based on the cost estimate agreed to by the CITY and the COUNTY in advance of selection of the Contractor, the COUNTY agrees to pay: (a) _ % of the estimated total cost of the construction portion of the Utility Work for an Allowance account to include the mobilization of equipment for Utility Work, additional maintenance of traffic costs for the Utility Work, (b) % of the estimated total cost of the construction portion of the Utility Work for a Contingency Fund, which fund shall be dedicated to cover changes to the Utility Work during construction, and (c) a prorated share of the administrative costs for the Utility Work, which amount shall be 1% of the total estimated cost of the Utility Work. 4. N/A As indicated in Paragraph I above, the CITY is to perform the construction of the Utility Work. Accordingly, consistent with Paragraph (3)(f)(4) of the Interlocal Master Agreement, the COUNTY agrees that payments shall be made to the CITY for the construction work in the following manner or at the following times: Lump Sum Invoice Submittal (City's reimbursement submittals for completed project utility instalment work will include certified copies of paid contractor payment requisition and proof of payment) Percentage at completion of phases of construction based on submission of invoice from the CITY and review by COUNTY, which payments shall be made by the COUNTY within sixty (60) days of receipt of CITY invoice Initial Payment of % at start of Project First payment at % of completion Second payment at % of completion Third payment at % of completion Final payment at % of completion 5. N/A As indicated in Paragraph 1 above, the CITY is to perform the construction of the Utility Work and the COUNTY is to pay the CITY for that work in the manner indicated in Paragraph 3; however, for the Utility Work related to this Project, the COUNTY is entitled to reimbursement from . The documentation related to the COUNTY's basis for the reimbursement is attached hereto as Exhibit I . Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D b. N/A As indicated above, the CITY is to perform the construction of the Utility Work; however, the COUNTY will need to complete connection of the Utility Work to the COUNTY 's existing system. 7. X The WASD approved Utility Design Cost estimate is $262,350.23 inclusive of $32,324.10 for Dedicated Amount and $ 0 for 10% Contingency. Any unused portion of the Dedicated Amount will be returned to the County by the City. The County agrees to reimburse the City in the manner indicated in Paragraph # 2 above. 8. . NIA The WASD approved Utility Construction Costs estimate is $ inclusive of $ for Additional Services Allowance and $ for 10% Contingency. In addition, the County agrees to pay $ (1% of the Utility Construction Cost estimate) as the City's administrative fee for a total of$ . The County agrees to reimburse the City in the manner indicated in Paragraph # 4 above. COUNTERPARTS / ELECTRONIC SIGNATURES. This document may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same CONTRACT/AGREEMENT. The parties shall be entitled to sign and transmit an electronic signature of this CONTRACT/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 CONTRACT/AGREEMENT upon request. MIAMI DADE COUNTY, FLORIDA, BY ITS4 OARD OF `S NERS Approved by County Attorney as to form and legal sufficiency i'a.Leg..Ei�D4�t o(n a I to I �5 ounty - yor or ayor's Designee Date County Attorney Date (SIGNATURES CONTINUE ON NEXT PAGE) Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Signed by: 007 rDecuSionedbr ry 21, 2025 1 17:04:10 EST Todd B. Hannon, City Clerk Date: APPROVED AS TO FORM AND CORRECTNESS: EO«LLalyn.d by: aurz 4614_4 ppary 18, 2025 I 19:03:34 EST eetAG "�7 George .ysong III Date: City Attorney #25-415 CettYitia lit. ° im E2E11F0AEOOB1l2.. CITY OF MIAMI, a municipal corporation of the State of Florida i mad by: QY ,ur Petit/February 21, 2025 I 16:36:00 EST "A—rtasgr"'"2".r V, City Manager Date: APPROVED AS TO INSURANCE REQUIREMENTS: [Deralimd rittbruary 18, 2025 107:22:59 222Ydci8,m+C2 Ann -Marie Sharpe, Director Date: Risk Management EST Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D nRIBBECK Engineering,Inc. CONSULTANT WORK ORDER PROPOSAL Date: December 3rd, 2024 Dear Mr. Anthony Hansen and Ms. Clara Sidan, P.E.: Ribbeck Engineering, Inc proposes to provide the water betterment services identified below for the project entitled Project No. 1 (NW 7th Avenue to NW 14th Avenue/NW 23rd Street to 31st Street, Allapattah, District 1) pursuant to its Professional Service Agreement with the City of Miami for Civil Engineering Services for Citywide Flood Mitigation Improvements (RFQ 23- 24-004). This Scope of Work will be added to the original contract for professional engineering services as part of a JPA between M-D WASD and the City of Miami for: Design the installation of approximately 4960 LF of new 8-inch DIP WM with new services and fire hydrants within the Allapattah Neighborhood as depicted on the layout under Exhibit A in adherence with WASD standards and specs. The project also requires coordination between Miami -Dade Water and Sewer Department (M- D WASD) and the City of Miami to install the proposed 8-inch Water Mains during the proposed improvements in that area. The services proposed under this scope includes design, construction documents, permitting, procurement support, and limited construction support services, which include the Final Certification for placement the new water main into operation. SCOPE OF SERVICE$: TASK 1 — Design Engineering Services Task 1.1 Survey Services Survey will be provided by the City of Miami as part of the NW 7th Avenue to NW 14th Avenue/NW 23rd Street to 31st Street, Allapattah, District 1, with the exception of the segment along NW 14th Avenue between NW 27th Street and NW 28th Street, which is outside of the City of Miami project limits and will be provided by Ribbeck Engineering and WGI, Inc. Soft Digs Coordination: Ribbeck Engineering, Inc. will coordinate the survey services scope and will review that the survey services were completed. 30 soft digs will be included as optional services. Task 1.2 Geotechnical investigation (NIC) The geotechnical investigation and report is provided as part of the NW 7th Avenue to NW 14th Avenue/NW 23rd Street to 31st Street, Allapattah, District 1. Investigation along NW 14th Avenue between NE 27th Street and NW 2$ Miami project limits was omitted, since soil bori igs are being gathereMMAllaDASCity of Miami project nearby the segment's proximity. WATER AND SEWER DEPARTMENT Task 1.3 Engineering Design Services • General Project Management related a • Attendance to Kickoff meeting and prel Ribbeck Engineering, Inc. 1 14335 SW 120th ST, Suite © ACCEPTED tivities for Design [] NOT ACCEPTED ration of draft. and final Meeting Mini. e . Checked: Reviewed: Date: 12104/2024 Contract 1 RPQ No.: PCTS 20321, JPA 8-233815 205 Miami, Florida 33186 (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D P RIBBECK ngineering, Inc. • Site/Field visits • Utility Coordination as this project will impact the Public Right of Way • Coordination with recent and future projects that share this Public Right of Way to avoid conflicts and repetitious construction. • Gather and review background information and as-builts pertinent to existing utilities in the Public Right- of -Way • Review and verification of all information provided by the Department such as Geotechnical Report • Identification of Utility Conflicts and Documented Information on the Monthly Utility / Agency I Municipality Tracking Sheet with corresponding backup Information. Sunshine 811 Design Ticket should be provided as backup. • Identification of Pavement Repair or Pavement Reconstruction Requirements as this design shall impact the Public Right of Way • Identification of Municipal Jurisdiction's Special Requirements. • Gather and review background information and as-built's. • Investigate and develop index and mapping of potential contamination sites. • Maintenance of Traffic (MOT) will be provided by the City of Miami Roadway Improvement Project B-183610. However minor adjustment to the MOT may be necessary for the installation of the water main. • Project Schedule Update in Microsoft Project • Development of Complete Engineering Plans • Preliminary Opinion of Probable Construction Cost • Contract and Bid Documents (Front -End Documents and Construction Specifications) Prepare and submit progress drawings and documents for the City of Miami and M-D WASD review and approval as follows: a) 30% submittal includes: • Submittal will be electronic using MD WASD E-Builder Platform. In addition, and as requested Ribbeck Engineering, Inc. will provide: • Two (2) copies of 11" x 17" Design Plans (Scale 1":40') • Two (2) copy of technical specification's table of content, • Two (2) copies of preliminary Opinion of Probable Construction Cost • CD or Memory Stick with design drawings in Auto Cad and pdf format, specs in word, excel and pdf format, and draft and final meeting minutes. • Ribbeck Engineering, Inc. will schedule a Design Review Workshop with MD WASD PM and Stakeholders to discuss all review comments of the 30% Submittal. b) 60% submittal includes: • Submittal will be electronic using MD WASD E-Builder Platform. In Ribbeck Engineering, inc. i 14335 SW 120th ST, Suite 205 Miami, Florida 33186 1 (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D RiBBECK PEngineering, Inc. addition, and as requested Ribbeck Engineering, Inc. will provide: • Two (2) copies of 11" x 17" Design Plans (Scale 1":40') • Two (2) copy of technical specification's table of content, • Two (2) copies of preliminary Opinion of Probable Construction Cost, • CD or Memory Stick with design drawings in Auto Cad and pdf format, specs in word, excel and pdf format, and draft and final meeting minutes. • Ribbeck Engineering, Inc. will schedule a Design Review Workshop with MD WASD PM and Stakeholders to discuss all review comments of the 60% Submittal. c) Permit submittal includes: • Submittal will be electronic using MD WASD E-Builder Platform. In addition, and as required by the permitting agencies Ribbeck Engineering, Inc. will provide: • Eight (8) copies of 11" x 17" Design Plans (Scale 1":40'), signed and sealed • Two (2) copies of technical specifications, signed and sealed • Completed permit applications for each agency signed and sealed by Ribbeck Engineering, Inc.'s Engineer of Record (EOR) • Tracking sheet with dates of submittal of each application and approval or comments from the corresponding agency • CD or Memory Stick with design drawings in Auto Cad and pdf format, specs in word, excel and pdf format, and draft and final meeting minutes. d) 100% Submittal includes: • Submittal will be electronic using MD WASD E-Builder Platform. In addition, and as requested Ribbeck Engineering, Inc. will provide: • Five (5) copies of 11" x 17" Approved Design Plans (Scale 1":40') • Five (5) copies of technical specifications, one original (not bound) • Two (2) copies of the Final Opinion of Probable Construction Cost. TASK 2 — Limited Procurement Support Services a) Coordinate and respond to questions and issue addenda b) Prepare for and attend a Pre -bid project briefing c) Provide technical support to WASD PM during preparation of recommendation for apparent low bidder d) Provide input and assistance during contract award process. Ribbeck Engineering, Inc. 1 14335 SW 120th ST, Suite 205 Miami, Florida 33186 I (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D pRIBBECK ngineering, Inc. TASK 3 — Limited Construction Support Services a) Attend pre -construction meeting b) Periodic site inspections c) Shop drawing review d) Attend construction meetings e) Respond to RFI's f) Assist in field changes. Review and recommend approval to change order requests. Request and review WASD CM/Inspector Construction progress reports with pictures and any relevant information pertaining to the project to certify the project. h) Conduct site visits to certify the project to observe on -going construction and any test that are necessary for pipe certification. As the Engineer of record, provide sign and seal permit applications for Project's Certification of Construction forms per Florida Department of health requirements for acceptance to placement of water main in operation. i) Review project record drawings (As -Built) j) Final Certification of the Project. g) GENERAL REQUIREMENTS • The guidelines are mainly for Design -Bid -Build method. Design -Build projects, JPA, MOU/MAU projects and In-house construction projects may have different requirements_ • All submittal documents shall be in PDF and original electronic file formats, such as Microsoft Word, Excel and Microsoft Project, AutoCAD Drawing. All electronic files shall have meaningful names and saved on one (1) CD or USB drive. • Tasks may be various by names or numbers, but Tasks should be associated to Project Schedules and be measurable. • The TA total fee should be within a reasonable range for similar project costs. • Design consultants shall follow the current WASD Standards and Details posted on the internet: htto://www.miarnidade.00v/water/design-construction-standards.aso A SSUMPTIONS/CLARIFICATIONS The following assumptions/exclusions were made during preparation of the proposed Scope of Work and Fee Proposal and are included below for clarification: 1. Topographic survey will be completed on FL State Plane Coordinate System, East Zone, NAD83 and provided in electronic format compatible with AutoCAD 2017. (Topographic Survey will comply with MD- WASD requirements) 2. All drawings will be prepared using AutoCAD 2017. 3. City of Miami Project B-183610 will provide the Geotechnical Report Ribbeck Engineering, Inc. 1 14335 SW 120th ST, Suite 205 Miami, Florida 33186 1 (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D RIBBECK � engineering, Inc. 4. WASD and/or the City of Miami will prepare and provide to Design Consultant complete front-end General Specifications, specifically project Bidding and Contracting Requirements. 5. Public involvement services are not required to be provided by the Design Consultant. 6. Permit fees shall be paid by WASD. 7. Attendance of the Design Consultant at regularly scheduled construction meetings will be limited, SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below Task or Activity ID* Task Name and/or Activity Description Duration (weeks) Pro/acted Start Data Protected Finish Date" 1.1 Topographical Survey 6 NTP NTP + 6 weeks 1. la Soft Digs Coordination (30 soft digs) 6 NTP NTP + 6 weeks 1.2 Geotechnical Investigation 4 NTP + 6 weeks NTP + 10 weeks la 30% Design Submittal. 16 NTP + 4 weeks NTP + 20 weeks lb 60% Design Submittal 16 NTP + 20 weeks NTP + 32 weeks lc Permit Package 24 NTP + 32 weeks NTP + 56 weeks 1 d 100% Design Submittal 12 NTP + 56 weeks NTP + 60 weeks 2 Limited Procurement Support Services TBD TBD TBD 3 Limited Construction Support Services TBD TBD During Construction nu ae schedule, indicating actual delivery dates, based on the listed durations, will be provided to the City upon receipt of NTP. The above durations include 3 weeks duration for review lime by the City between each submittal. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Two hundred thirty thousand twenty six dollars and thirteen cents ($230,026.13) and a Dedicated Amount fee of thirty two thousand three -hundred twenty four dollars and ten cents ($32,324.10). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $0.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. Ribbeck Engineering, Inc. l 14335 SW 120th ST, Suite 205 Miami, Florida 33186 II (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D �RIBBECK r`ngineering, Inc. Vlill. PROJECT MANAGER CONSULTANT'S Project Manager for this contract will be Carlos Ribbeck, PE. Submitted by: Carlos' bbeck, Ribbeck Engineering, Inc. Reviewed and approval in concept recommended by: Duardo, Lidia Op..M.41.4101ortlq ltl. 04. SW. I2M tC.SM OL9J Lidia Duardo, PE, Project Manager Capital Improvements and Transportation Department. Ribbeck Engineering, Inc. 1 14335 SW 120th ST, Suite 205 Miami, Florida 33186 1 (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D RIBBECK 11;1engineering, Inc. SUMMARY OF COMPENSATION Task or Activity ID # Task Name and/or Activity Description Foe Amount Fee Basis 1.1 Topographical Survey (WGI) $5,930.08 Lump Sum 1.1a Soli Dig Coordination $3,364.00 Lump Sum 30 Soft Digs (WG1) as approved by WASD $32,324.10 Dedicated Amount 1.2 Geotechnical Investigation $0.00 Lump Sum 1.3a 30% Design Submittal. $42,632.90 Lump Sum 1.3b 60% Design Submittal $85,013.50 Lump Sum 1.3c Permit Submittal $38,320.60 Lump Sum 1.3d 100% Design Submittal $29,698.90 Lump Sum 2 Limited Procurement Support Services $6,419.15 Lump Sum 3 Limited Construction Support Services $18,647.00 Lump Sum SUB -TOTAL AMOUNT $230,026.13 Lump Sum SUB -TOTAL AMOUNT $32,324.10 Dedicated Amount TOTAL AMOUNT $262,350.23 Note: Compensation should match the Task, Activities, and/or Deliverables identified. ,4LLOWANCE FO8 ADDITIONAL SERVICES VI. ALLOWANCE FOR ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. VII. PERMIT FEES Permit fees have not been included under this estimate. Once the permits have been submitted, the CONSULTANT will provide the amounts that need to be paid for the permitting processing and fee. The CITY will issue checks for the required amounts. VIII. DATA PROVIDED BY CITY CITY shall provide the CONSULTANT if available: • City of Miami Storm Atlas Maps • City of Miami Underground Maps • City of Miami Municipal Maps • Resident complaints within project area • NPDES complaints within project area • Environmental Contamination Reports, it availat • MIAMI-DADE WATER AND SEWER DEPARTMENT ▪ ACCEPTED ❑ NOT ACCEPTED Checked: E.F. Reviewed: E.F. Date: 12/0412024 Contract l RPQ No.: PCTS 20321, JPA 6-233815 Ribbeck Engineering, Inc. ! 14335 SW 120th ST, Suite 205 Miami, Florida 33186 j (305) 383-5909 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY, FLORIDA INTERLOCAL MASTER AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI TO PROVIDE UTILITY WORK FOR MIAMI-DADE COUNTY THIS AGREEMENT, is made and entered into this 18 day of December , 2024 , (hereinafter, "Effective Date"), by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "CITY" and collectively with the COUNTY, the "Parties"). WITNESSTH: WHEREAS, the COUNTY owns or may, in the future, own certain water and wastewater facilities, including but not limited to, gravity sewer pipes, pump stations, reclaimed water pipes, valves and valve covers, manholes and access covers, water pipes, sanitary sewage pipes, meters, hydrants, and all appurtenances thereto, which are or may, in the future, be located in the CITY's public roads or lands (the "FACILITIES"); and WHEREAS, the Miami -Dade Water & Sewer Department ("WASD") operates the COUNTY's water and sanitary wastewater system; and WHEREAS, the CITY engages in projects that involve constructing, reconstructing or otherwise changing public roads and other improvements located on public roads or lands (hereinafter referred to as either the "Project" or the "Projects"); and WHEREAS, the CITY and the COUNTY may propose Projects that necessitate the installation, relocation (vertically and/or horizontally), replacement, adjustment or removal of the COUNTY Facilities or some combination thereof (hereinafter referred to as "Utility Work"); and WHEREAS, the CITY and the COUNTY desire to minimize delays, costs, and impact to the public, which may result from lack of coordination and communication between or among them and their respective contractors performing the Project and/or the Utility Work; and WHEREAS, the CITY and the COUNTY desire to enter into a master agreement that establishes the procedure for the performance and reimbursement of the Utility Work, including the utility design work to be performed and the utility construction work to be carried out (the "Interlocal Master Agreement"); and WHEREAS, the purpose of this Interlocal Master Agreement and the individual joint participation agreements (hereinafter, "JPA") is to perform the Utility Work with the Project in an efficient, coordinated, economical and expeditious manner, NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the CITY and the COUNTY hereby agree as follows: Page 1of15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Every November, the CITY will prepare and provide to the COUNTY a list of Projects that it intends to begin engineering design for the next year. The list of Projects will include anything involving roadway or subsurface work as well as Projects involving landscaping, resurfacing, drainage and lighting. The list of Projects will include the scope of work and schedulertiming for each Project. Such list may be amended after the exchange, but it is the intent of the CITY to give the COUNTY advance notice of anticipated Projects with sufficient lead time for planning and funding purposes. Within sixty (60) days of the exchange of the list of Projects, the COUNTY will review and identify the Projects from the CITY's list that are potential candidates for proposed WASD infrastructure improvements within the limits of any Project that is new to the list. Additionally, at this time, the COUNTY will notify the CITY of any projects on the CITY's list that do not correspond with the projects that WASD has placed on its Capital Improvements Plan and, therefore, will constitute Utility Work that is being taken out of order for WASD. 2. In the event the CITY and the COUNTY determine and agree that Utility Work may be necessary for any Project, a Joint Participation Agreement ("JPA"), in substantially the same form as the JPA attached hereto as Exhibit A, will be executed by the CITY and the COUNTY. A JPA will be entered into for design work, if applicable, and a separate JPA will be entered into for construction work, if applicable. Each JPA will specify the Project -specific terms, conditions and costs associated with the design and/or construction of all Utility Work for each Project. 3. Utility Coordination and Identifying/Implementing Projects For any Project where the CITY or COUNTY determines that Utility Work may be necessary, the following procedure will be utilized (although the CITY and the COUNTY may mutually agree to combine or eliminate any portion of the procedure that may not be applicable to a specific Project) for purposes of implementing a JPA: a. Identifying Projects/Utility Coordination (1) Upon receipt of the list of Projects from the CITY every November, WASD will have sixty (60) days to advise the CITY of its possible interest in entering into a JPA for the Utility Work necessary for the Projects identified. In the event that the CITY is able to undertake additional Projects due to new funding sources not identified in the fiscal budget, the CITY will notify WASD, and all of the above terms will apply. (2) Upon completion of thirty percent (30%) of the design work for a particular CITY Project, the CITY shall send a written notice to WASD, including the thirty percent (30%) design work, (the "Notice") (see Paragraph 10 herein for requirements of notices), which will set forth the scope and timeline of the particular CITY Project. (3) WASD shall inform the CITY of its interest in entering into a JPA or not within thirty (30) days of the Notice and submittal of thirty percent (30%) of the design of the CITY's Project by the CITY. To the extent possible at this point in the Project, WASD shall inform the CITY of the Page 2 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D preliminary proposed scope for the Utility Work and whether the JPA will be for design and/or construction by the CITY. b. Mandatory Utility Meeting (I) If WASD sends a written response to the CITY's Notice expressing a desire to enter into a JPA for design and/or construction of the Utility Work, the CITY shall propose in writing a time, date and location for a mandatory meeting (the "Meeting Notice") between the representatives of the CITY and WASD who will be managing and/or supervising the Utility Work to discuss the parameters of the Project and implement the process for a mutually beneficial Project (hereinafter, the "Mandatory Utility Meeting"). Within two (2) business days of receipt of the Meeting Notice, WASD will confirm its availability for the Mandatory Utility Meeting at the time, date and location specified on the Meeting Notice or will suggest in writing other possible dates, times or locations for the Mandatory Utility Meeting. (2) The CITY's and WASD's representatives will bring arty information pertinent to the Project to the Mandatory Utility Meeting, including but not limited to, the CITY's thirty percent (30%) design work for the Project as well as reports and as -built drawings of the existing WASD Facilities. (3) At the Mandatory Utility Meeting, the CITY and WASD will discuss and identify the scope of the Utility Work to be done by the CITY, and if applicable, the scope of the Utility Work to be done by WASD. Additionally, the minimum qualifications for the CITY designer and contractor will be discussed, if the CITY is to do the design work for the Utility Work. At the Mandatory Utility Meeting, if the CITY and WASD disagree as to the scope of the Utility Work to be performed by each party and the Mandatory Utility Meeting is adjourned before an agreement can be reached, the CITY and WASD will not move forward with a JPA for the design or construction of the Utility Work. WASD, at its own discretion, will decide whether to proceed with the Utility Work and when it will proceed with such work. (4) If a JPA is not entered into at the conclusion of the Mandatory Utility Meeting, the CITY will, nevertheless, execute a Letter of Intent to proceed with the Project. The Letter of Intent will be in substantially the same form as that attached hereto as Exhibit B. The purpose of the Letter of Intent is to ensure that, if WASD moves forward with the design work required for the Utility Work necessary for the Project and incurs the expenses associated with such design work, the CITY will not discontinue or unreasonably delay the Project and WASD's resources will not be wasted. (5) Regardless of whether the CITY or WASD is performing the design work, the roadway plans shall be designed in a manner to reduce and minimize any conflicts with WASD Facilities. Where conflicts are identified, the Page 3 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CITY and WASD agree to resolve the conflicts in the most cost-effective manner that is the least disruptive to the general public and is the least costly to the residents of Miami -Dade County. (6) Regardless of whether the CITY or WASD is performing the design aspect of the Utility Work, each will fully cooperate with all Right -Of - Way ("ROW") users in the preparation of the design. To the extent a conflict arises in the design process with a ROW user other than WASD or the CITY, the CITY and WASD agree to resolve the conflicts in the manner that is least disruptive to the general public and is the least costly to the residents of Miami -Dade County. c. CITY to Design Utility Work: (l) Within two (2) weeks after the Mandatory Utility Meeting, if the parties desire to enter into a JPA for the design work, the CITY/WASD will provide a design cost proposal to WASD/CITY for the design work to be performed by the CITY for the Utility Work. (2) if WASD agrees with the design cost proposal provided by the CITY for the design work, it will provide written confirmation of its agreement with the design cost proposal within ten (10) business days of its receipt of the design cost proposal. In its written confirmation, WASD will also reconfirm its desire to enter into a JPA with the CITY for the design work. (3) If WASD does not agree with the design cost proposal provided by the CITY for the design work, it will advise the CITY of its disagreement in writing within five (5) business days of receipt of the proposal and will propose a date, time and location for a second meeting between WASD and the CITY to discuss the design cost proposal for the design work. The second meeting shall take place no later than ten (10) business days from WASD's receipt of the CITY's design cost proposal for the design work. If either WASD or the CITY do not wish to have a second meeting to discuss the CITY's design cost proposal, whichever party declines the second meeting will also make it clear in writing that it no longer wishes to proceed with a JPA for the Utility Work. (4) If the CITY's design cost proposal is not acceptable to WASD but the parties conduct a second meeting and reach an agreement as to the design cost proposal, WASD will provide written confirmation of its agreement with the revised design cost proposal and a reconfirmation of its desire to proceed with a JPA for the design work. (5) If the parties cannot reach an agreement as to the CITY's design cost proposal, WASD will be responsible for the design work. As set forth in Section 3(d) below, the CITY and COUNTY may enter into a construction JPA where WASD will provide the design work to the CITY for inclusion in the CITY's construction contract documents. Page 4 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D (6) If the CITY and WASD agree that the CITY will perform the design work based on the design cost proposal or revised design cost proposal, as applicable, the CITY will prepare, execute and forward two originals of the JPA for the Utility Work to WASD for approval. The COUNTY will execute both original JPAs and return a copy to the CITY within ten (10) business days of its receipt of the CITY's executed JPA. (7) (8) (9) Once the JPA is executed by WASD, the CITY will submit an invoice to WASD for the design work for a lump sum amount. WASD will pay the invoice within forty-five (45) days of receipt of the invoice. WASD shall have the right to review and audit the CITY's records regarding use of the lump sum payment. The CITY shall submit the Utility design materials to WASD for review and approval when the design of the Utility Work is thirty percent (30%) complete, again when the design is sixty percent (60%) complete, and again when the design is ninety percent (90%) complete. In the event WASD finds deficiencies in the design materials, it will notify the CITY of such deficiencies in writing within ten (10) business days after each submittal. The CITY's Procurement and Risk Management Directors shall have the right to review WASD's comments to ensure that they comply with the CITY's Code. Within thirty (30) days of the CITY's receipt of WASD's notification of deficiencies, the CITY will correct the deficiencies and return the corrected documents for WASD's review and approval. When the design is one -hundred percent (100%) complete, the CITY shall provide WASD with a final set of coordinated design documents (the "Plans Package"). The Plans Package shall, at a minimum, include: final accepted engineering design drawings; "dry -run" permit approvals; technical specifications and special provisions; an estimated opinion and probable construction cost, including contingency and allowance account funds for the construction of the Utility Work; and the minimum contractor qualifications. The Plans Package will also identify any and all activities and work necessary for the Utility Work, including but not limited to, clearing and grubbing; survey work; and a traffic control plan. WASD shall review and provide final acceptance in writing to the CITY of the Plans Package within ten (10) business days. (10) If the CITY requests information from WASD's files, WASD shall furnish such information to the CITY within ten (10) business days from the CITY's request. The CITY, however, shall remain solely responsible for the proper preparation of the design materials in accordance with WASD Design and Construction Standards. d. WASD to Design Utility Work (1) After the Mandatory Utility Meeting, if the CITY and WASD agree that WASD will perform the design work, then WASD and the CITY will Page 5 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D develop a mutually agreeable timeline and coordinate their utility and roadway design efforts. (2) WASD shall submit the Utility design materials to the CITY for review and approval when the design is thirty percent (30%) complete, again when the design is sixty percent (60%) complete, and again when the design is ninety percent (90%) complete. In the event the CITY finds deficiencies in the design materials, it will notify WASD of such deficiencies in writing within ten (10) business days after each submittal. Within thirty (30) days of WASD's receipt of the CITY's notification of deficiencies, WASD will correct the deficiencies and return the corrected documents. (3) Ultimately, WASD will submit to the CITY a Plans Package, which shall, at a minimum, include: final accepted engineering design drawings; "dry - run" permit approvals; technical specifications and special provisions; an estimated opinion and probable construction cost, including contingency and allowance account funds for the construction of the Utility Work; and the minimum contractor qualifications. The Plans Package will also identify any and all activities and work necessary for the Utility Work, including but not limited to, clearing and grubbing; survey work; and a traffic control plan. The CITY shall review and provide final acceptance in writing to WASD of the Plans Package within ten (10) business days. (4) If WASD requests information from the CITY's files, the CITY shall furnish such information to WASD within ten (10) business days from WASD's request; however, if WASD is to perform the utility design work, it shall, at all times, remain solely responsible for the proper preparation of the design materials. e_ Construction of Utility Work {1) Upon completion of the design work by either the CITY or WASD, and approval of the design work by the party who did not perform the design work, the CITY will incorporate its design plans or WASD's Plans Package into a request for solicitation. WASD will receive a copy of the request for solicitation fifteen (15) business days before it is advertised and will provide its comments regarding such request for solicitation within ten (10) business days. WASD shall provide any and all procurement language required by the COUNTY that may need to be included in the CITY's solicitation. This should include any COUNTY code requirements or COUNTY procurement requirements that may be necessary. Language should be included in the CITY's solicitation that notifies the bidders that the Utility Work is being funded by a JPA with WASD and that funding for the Utility Work will be released after satisfactory inspection by WASD. The solicitation shall include a separate bid item for the Utility Work. The CITY shall procure a contract for construction of the Project, including the Utility Work, in accordance with the CITY's legal and statutory requirements. Page 6of15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D (2) Regardless of whether the CITY or the COUNTY will be performing the construction aspect of the Utility Work, the CITY and the COUNTY agree that the Facilities shall, at all times, remain the property of the COUNTY. (3) CITY to Construct Utility Work (i) Before the CITY selects a contractor from the bids received in response to the request for solicitation, WASD shall have an opportunity to review the Utility Work portion of the bids for balance and shall have the right to recommend and/or provide comments/evaluation to the CITY as to which contractor should receive the award. (ii) If the portion of the bid of the contractor selected by the CITY for performance of the Utility Work is within ten (10) percent of the cost estimate provided in the Plans Package and agreed to by the CITY and WASD in advance of the publication of the request for solicitation, the CITY will prepare, execute and forward to WASD two (2) originals of the JPA for the construction aspect of the Utility Work. WASD will execute the JPA and return a copy to the CITY within ten (10) business days of its receipt of the CITY's executed JPA. If the bid of the contractor selected by the CITY for the performance of the Utility Work is more than ten percent (10%) of the cost estimate provided in the Plans Package and agreed to by the CITY and WASD in advance of the publication of the request for solicitation, WASD shall have the right to reject the bid for the Utility Work and take over construction of the Utility Work itself. (iii) Immediately upon award of the contract for the construction aspect of the Project, WASD will receive notice of the award from the CITY and will provide the funds to the CITY in accordance with the terms of the executed construction JPA. (iv) The CITY's contractor shall begin construction on the Project, including the Utility Work, once a Notice to Proceed has been issued by the CITY. The City shall notify WASD within five (5) days to schedule inspection. (v) The CITY shall obtain all necessary permits and utility adjustments and will coordinate the review of construction documents by the utilities and permitting agencies. The CITY shall obtain all necessary permits for the Project, including the Utility Work, in accordance with applicable state, federal and local laws and ordinances. WASD will use good faith efforts to assist the CITY in expeditiously obtaining all permits from COUNTY departments. Page 7of15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D (vi) WASD shall fully cooperate with the CITY's contractor in all matters relating to the performance of the Utility Work. (vii) WASD shall perform all construction inspections, testing and monitoring of the Utility Work to ensure that it is properly performed in accordance with the Plans Package or the CITY's designs. When the Utility design work was completed by the CITY, the CITY shall be responsible for reviewing contractor - furnished engineering submittals and will provide its written acceptance of the submittals to WASD for its review and approval. When the Utility design work was completed by WASD, WASD shall be responsible for reviewing contractor -furnished engineering submittals and will provide its written acceptance of the submittals to the CITY for its review and approval. Except for the inspection, testing, monitoring and reporting to be performed by WASD, the CITY will perform all contract administration for its contract. (viii) The CITY's engineer has full authority to supervise the Project. The CITY's engineer shall confer with WASD when any adjustments and/or changes to the Plans Package or the CITY's designs affect the Utility Work portion of the Project. If WASD does not agree with the adjustments/changes proposed by the C[TY's engineer, WASD will provide the CITY with an explanation from its engineer based on the WASD Standard Utility Specifications, which Specifications will ultimately control in the event of any disagreements related to adjustments or changes to the Plans Package and are available on the WASD website or by request. (ix) Change Orders must include line items related to Utility Work are subject to review and approval of WASD prior to any compensation to the Contractor. (x) The CITY's Contractor will be required to provide a payment and performance bond in accordance with Florida Statute Section 255.05 that includes the COUNTY as an additional named party on the bond. The CITY's Contractor will also be required to provide a one-year maintenance bond (one-year from the date of completion and final inspection of the work), which bond shall name and benefit the COUNTY directly. (4) WASD to Construct Utility Work (i) If the portion of the bid of the contractor selected by the CITY for performance of the Utility Work exceeds the cost estimate agreed to by the CITY and WASD by more than ten percent (l0%), WASD may decline to enter into a !PA with the CITY for the construction aspect of the Utility Work. WASD will notify the CITY that it will Page 8 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D not enter into a JPA for the construction work in writing within fourteen (14) days of its receipt of the bid/contractor materials. (ii) If WASD elects to perform the construction of the Utility Work, WASD shall proceed with the construction, as set forth in the Plans Package or the CITY's designs, within fourteen (14) days of its notification to the CITY in writing of its choice to forgo the .IPA for construction of the Utility Work and its intent to proceed with the work itself. (iii) If WASD is to perform the construction, WASD shall be responsible for obtaining all necessary permits and will coordinate the review of construction documents by the utilities and permitting agencies. The CITY will use good faith efforts to assist WASD in expeditiously obtaining all permits from CITY departments. F. Cost of Utility Work (1) The Utility Work will be performed at the sole cost and expense of WASD, unless WASD is entitled to reimbursement or funding for the Utility Work from another source, including but not limited to the following circumstances (collectively, "Reimbursable Work") • when the Project is federal aid eligible, meaning 50% or more of the Utility Work is for existing facilities; • when a written agreement incidental to a right-of-way acquisition process requires the CITY to compensate WASD for the costs of any subsequent relocation of the Facilities; or • when WASD holds a compensable land interest under Florida condemnation law in the existing location of the Facilities at the time of the Project. (2) Failure of WASD to provide documentation for the basis to obtain reimbursement under one of the bulleted scenarios in provision 3(f)(1) above before it makes payment to the CITY shall result in the Utility Work being deemed non -reimbursable. (3) WASD shall be responsible for all reasonable and necessary costs of the portion of Utility Work that is WASD's responsibility and all costs associated with any adjustments or changes to the Utility Work that conform to the WASD Standard Utility Specifications and are determined by the CITY's engineer to be necessary, including but not limited to, the cost of changing the Plans Package or the CITY's designs and the increase in the cost of performing the Utility Work, unless such adjustments and changes are necessitated by an error or omission of the CITY; however, WASD shall not be responsible for any costs that exceed ten percent (l0%) above the probable construction costs, unless such additional costs are a direct result of a change to WASD's Standard Utility Specifications, Page 9 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D or change in the scope of work initiated by WASD, after the design was completed or construction has begun. The CITY shall not bear the burden of costs related to unforeseen construction conditions that may arise. After the Contingency/Allowance Fund (which may be used in accordance with the provisions of Paragraph 3(f)(5) below) has been depleted, no additional funds will be available from WASD or the COUNTY for completion of the Project and the costs for completion of the Utility Work will become the sole responsibility of the CITY and/or its contractor. Additionally, WASD shall not be responsible for the cost of delays caused by such adjustments or changes unless such changes or adjustments are as a result of errors or omissions made by WASD. (4) The !PA for the CITY's construction of the Utility Work shall specify the manner and, where applicable, the percentage of payment from the COUNTY. The !PA for the CITY's construction of the Utility Work shall also specify the amounts set aside for Allowance and Contingency accounts. (5) Upon final payment by the CITY to its contractor, the CITY will have its final and complete accounting of all costs incurred in connection with the work performed on the Project, including the Utility Work completed. The CITY shall provide the COUNTY with Final Releases from the Contractor. All project cost records and accounts shall be available to WASD for a period of three (3) years after the final close of the Project for purposes of review and audit. (6) Within thirty (30) days after the final close-out of the Project, the CITY will notify WASD of the final cost of the Utility Work. In the event the final cost of the Utility Work is less than the total of deposits by WASD in connection with the Project, a refund of the excess will be made by the CITY to WASD within sixty (60) days of the final close-out. 4. Claims Against the Parties Related to Utility Work a. In the event the CITY's contractor submits a notice of intent to make a claim against the CITY related to the Utility Work being constructed by WASD, the CITY will notify WASD of the notice of intent to make a claim, and WASD will cooperate with the CITY in analyzing and resolving the claim. In addition, upon notification of the contractor's notice of intent, WASD will keep and maintain daily field reports and records related to the intended claim. b. In the event the CITY's contractor submits a notice of intent to make a claim against the CITY related to the Utility Work being constructed by the CITY, the CITY will notify WASD of the notice of intent to make a claim, and WASD will cooperate with the CITY in analyzing and resolving the claim. In addition, upon notification of the contractor's notice of intent, the CITY will keep and maintain daily field reports and records related to the intended claim. Page 10 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D c. After the CITY and WASD have analyzed all contractor claims, each party will be responsible for paying its respective liability for its portion of any claim as determined by the analysis by the CITY and WASD. However, each party reserves all rights and defenses to any such claims 5. Compliance with the Law The CITY and the COUNTY shall each comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project, including the Utility Work. Neither the CITY nor the COUNTY shall unlawfully discriminate in the performance of their respective duties under this Agreement. Moreover, whenever COUNTY funds are used, the CITY agrees to comply with applicable COUNTY procurement requirements and regulations, including but not limited to, the Small Business Enterprise (SBE) Programs, , the Community Workforce Program (CWP), and the Responsible Wages and Benefits Ordinance (Ordinance No. 90- 143). The CITY also agrees to comply with the COUNTY's Ordinance 2-1076 regarding the Inspector General. Specifically, the CITY agrees to abide by the applicable contract measure recommendation(s) established by the Internal Services Department, Division Small Business Development Project Worksheet for the participation of specified business entities and/or trades, and for CWP requirements, as administered by the COUNTY's Internal Services Department, Division of Small Business Development (SBD). SBD shall have the right to oversee and perform compliance monitoring, including but not limited to, the right to audit and require reports and documentation related to the Miami -Dade County Code. 6. Force Majeure Neither the COUNTY nor the CITY shall be liable for any consequences caused by force majeure, inevitable accident or occurrence or cause beyond the reasonable control of the COUNTY or the CITY and such an act shall not constitute a breach of this Agreement on the part of the COUNTY or the CITY. Additionally, neither the COUNTY nor the CITY shall be liable to the other entity, its agents, its inhabitants or its customers for any damage resulting from such act or its consequences. As used herein, force majeure shall mean an act of God, which includes but is not limited to: sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the COUNTY or the CITY and shall include but not be limited to: strikes; lockouts; other industrial disturbances; wars; blockages; acts of terrorism; insurrections; riots; federal, state, county and local governmental restrictions, regulations and restrains; military action; civil disturbances; explosions; and conditions in federal, state, county and local permits. 7. Dispute Resolution The COUNTY and the CITY shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Page 11 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Conflict Resolution Act," Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida. Each party will bear its own attorneys' fees and costs. 8. Default If either the CITY or the COUNTY fails to perform its obligations under this Agreement or any project -specific JPA between the CITY and COUNTY, the non -defaulting party shall be entitled to reimbursement in full of all documented costs it has expended in connection with the Utility Work. Moreover, in accordance with the provisions of Paragraph 7 above, the non -defaulting party may, but is not required to, seek specific performance against the defaulting party. Further, any payments that have been made as of the date of default by the non -defaulting party, including all Contingency/Allowance Funds, deposits, etc., shall be refunded in full. 9. Entire Agreement. Amendments. Joint Preparation, Severability a. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein, with the exception of the individual JPAs to be entered into on a Project - by -Project basis. b. No modifications, amendments or alterations in the terms herein shall be effective unless made in writing, approved and signed by all parties hereto. c. Additionally, the CITY and the COUNTY acknowledge that this Agreement was prepared jointly, and each party had an opportunity to seek and receive whatever advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The language agreed to expresses their mutual intent, and, as a matter of judicial construction, the resulting document shall not be construed more severely against one of the parties. d. In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the CITY or the COUNTY elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within ten (10) business days after the finding by the court becomes final. 10. Notice a. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, electronic mail, hand delivery or overnight delivery and shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The parties shall have a continuing obligation to keep one another apprised of the appropriate persons for notices to be sent to pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: Page 12 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D (I) If to the COUNTY/WASD: Miami -Dade Water & Sewer Department Attn: Director 3071 S.W. 3811i Avenue, 5 Floor Miami, FL 33146 With a copy to: Miami -Dade Water & Sewer Department Attn: Chief, Intergovernmental Affairs 3071 SW 38 Avenue, Room 152 Miami, FL 33146 With a copy to: Miami -Dade County Attn: County Attorney III N.W. 151 Street, Suite 2810 Miami, FL 33128 (2) If to the CITY: City of Miami Attn: City Manager 444 SW tad Avenue, Suite 325 Miami, Florida 33130 With copies to: City of Miami Attn: City Attorney 444 SW 2nd Avenue, 10ih Floor Miami, Florida 33130 City of Miami Attn: Director of Resilience and Public Works 444 SW 2nd Avenue, Miami, Florida 33130 1 1. Term This Agreement shall be and remain in full force and effect for a period of one (1) year from the Effective Date of this Agreement, provided, however, that this Agreement may be terminated at any time. If either party wishes to terminate this Agreement, that party must provide thirty (30) days notice to the other party. If one of the parties seeks to terminate this Agreement, all projects that have been proceeding pursuant to the terms of this Agreement will survive and be completed in accordance with the Agreement's terms. Page 13 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D l2. Miscellaneous The CITY and the COUNTY agree that time is of the essence in the performance of all obligations under this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterpa I Is shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (Whether by facsimile, PDF, or other electronic transmission), which signature shall be binding on the party whose name is contained therein. [SIGNATURES APPEAR ON NEXT PAGE] Page 14 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D IN WITNESS WHEREOF, the Parties hereto set their hands and official seals the day and year first above written, ATTEST: ]UAN FERNANDEZ-BARQUIN CLERK OF THE COURT AND COMPTROLLER BY: 0.L�vwde. uty Clerk Signature Print Name: Olga Valverde — e18183 Date: 12/18/2024 Approved by County Attorney as to form and legal sufficiency g511141-9 Assistant unty Attorney ATTEST: ►zli5iv+ MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS CITY OF MIAMI, a municipal APPROVED AS TO INSURANCE REQUIREMENTS corporation of the State of Florida. uiftwd br &ttAic a.myw yr. itrik Aeri atiott j ur oriega V Ann--arnharpe, ARM-P City Manager $isgogement Director APPROVED AS TO FORM AND ST: CORRECTNESS: &ciabrei art4 Intent III George. Wysong III City Attorney 23-2329 bw./hM+K- oa"d'W TIannon City Clerk Page 15 of 15 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Date: To: From: Subject: M I AM I DADS Memorandum cauN December 2, 2025 Honorable Chairman Anthony Rodriguez and Members, Board of County Commissioners Daniella Levine Cava/0 Mayor Substitute Agenda Item No. 8(0)(4) Resolution Approving a Master Joint Participation Agreement Establishing Procedures for the Performance and Reimbursement of Utility Work Between the City of Miami and Miami -Dade County and Authorizing Individual Joint Participation Agreements with the City on a Project by Project Basis This substitute item differs from the original in that the Master Joint Participation Agreement has been amended to: require the City to provide WASD with the bid form, plans, and full utility work specifications; add reciprocal language permitting either Party to request a bidder responsibility review based on documented performance concerns; and remove language relating to Small Business Enterprise goals due to the passage of HB 705. Exhibit C to JPA has also been revised to require a written .justification for any proposed amendment, including a designated section identifying any associated cost or time increases. Together, these revisions strengthen transparency and procurement oversight while reaffirming that any future modifications must be in writing and duly approved by the appropriate governing authorities of both Parties. Executive Summary This item seeks approval from the Board of County Commissioners (the Board) to authorize the County Mayor or County Mayor's designee to enter into a Master Joint Participation Agreement (2025 Master JPA) between Miami -Dade County (the County) and the City of Miami (City) to allow the City to perform water and sewer improvements while implementing the City's capital program, which includes, among other things, extensive road paving, road raising and drainage projects that overlap with programmed water and sewer projects. The 2025 Master JPA is attached hereto as Exhibit 1 and replaces the current JPA with the City which expires December 18, 2025. Under the 2025 Master JPA, detailed procedures are established for carrying out and reimbursing the relocation, replacement or removal of facilities belonging to the Miami -Dade Water and Sewer Department (WASD) within the City whenever municipal infrastructure work requires such utility coordination. The 2025 Master JPA will remain in effect for a period of ten (10) years, with a one (1) year option to renew at the discretion of the County Mayor or the County Mayor's designee; however, it can be terminated at any time by either party with thirty (30) days' written notice. The 2025 Master JPA offers significant benefits for infrastructure work by fostering effective coordination between the two entities. Through joint planning and scheduling, neighborhood projects —such as upgrades to drainage, water, and sewer systems —can be implemented more efficiently and with less disruption to the community. Coordinating construction activities means that roads are opened only once, which eliminates the costly and disruptive need to re -excavate newly paved areas and reduces traffic impacts. This approach not only shortens project timelines but also minimizes waste, prevents duplication of work, and ensures that public funds are invested as effectively as possible. By streamlining how projects are delivered, the 2025 Master JPA enhances the quality of infrastructure while protecting residents and businesses from unnecessary inconvenience. Recommendation It is recommended that the Board approve the attached resolution authorizing the County Mayor or County Mayor's designee to execute the 2025 Master JPA, which establishes procedures for the performance and reimbursement of utility work between the City and the County. The 2025 Master JPA further authorizes the County Mayor or County Mayor's designee to enter into future individual Joint Participation Agreements on a project -by -project basis in substantially the same form attached to the 2025 Master JPA as Exhibit A. M DC001 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Honorable Chairman Anthony Rodriguez and Members, Board of County Commissioners Page 2 Scope The utility work to be performed will take place inside the limits of the City. The City is located throughout multiple Commission Districts, including Commission Districts 2,3,5,6, and 7, which are represented by Commissioner Marleine Bastien, Commissioner Keon Hardemon, Commissioner Eileen Higgins, Commissioner Natalie Milian Orbis, and Commissioner Raquel Regalado, respectively. Delegation Of Authority This item authorizes the County Mayor or County Mayor's designee to: (1) execute the 2025 Master JPA and any corresponding individual Joint Participation Agreements, and (2) exercise any and all rights conferred therein. Fiscal Impact / Funding Source: Because the County owns the water and wastewater system and related appurtenances within the City, the County will provide the funding for each of the specific utility -related projects. Individual Joint Participation Agreements will list the appropriate funding sources depending on the type of project. Possible funding sources include: Water Distribution Water Renewal and Replacement Water Revenue Bonds Sold Water Connection Charges Future Revenue Bonds Sewer Collection Wastewater Renewal and Replacement Wastewater Revenue Bonds Sold Wastewater Connection Charges Future Revenue Bonds Track Record/Monitor: WASD's Assistant Director of Engineering, Amanda Kinnick, P.E., will oversee the implementation of the 2025 Master JPA and the associated individual Joint Participation Agreements. Background: As part of its capital improvements program, the City will be undertaking extensive public right-of-way work, including road paving, road elevation, and drainage improvements, which will overlap with programmed WASD water and sewer projects. Coordinating these efforts through the 2025 Master JPA, and as needed individual project specific Joint Participation Agreements, will allow the City and the County to carry out overlapping improvements in a single, integrated process. This collaboration will streamline project delivery, reduce duplicative excavations, limit traffic disruptions, and generate cost savings while delivering long-term infrastructure benefits for residents. On March 4, 2014, the Board, via Resolution No. R-227-14, approved and authorized the County to: (1) enter into a Master Joint Participation Agreement with the City that laid out the procedures for performance and reimbursement of utility work for WASD when the City was undertaking roadway and drainage work, and (2) enter into individual Joint Participation Agreements on a project -by -project basis. The original Master Joint Participation had a 10-year term. On December 3, 2024, via Resolution No. R-1081-24, the Board approved a similar Master JPA for one- year that will expire on December 18, 2025. The 2025 Master JPA provides the procedures for the performance and reimbursement of the relocation, replacement or removal of water and sewer facilities owned by the County that are installed within the City limits when the City engages in future roadway/resurfacing work or other improvements that necessitate utility work collaboration and information. The utility work, which includes design and construction, will be authorized through individual Joint Participation Agreements, in substantially the form attached as Exhibits A to Exhibit 1 to the 2025 Master JPA, on a project -by -project basis after it has been determined M DC002 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Honorable Chairman Anthony Rodriguez and Members, Board of County Commissioners Page 3 by the City and County that the work is necessary. Each individual Joint Participation Agreement will contain project specific terms, conditions and costs. Observance of the procedures stipulated in the 2025 Master JPA may reduce: 1) the number of project setbacks, 2) project costs, and 3) traffic impacts to the public, by improving the coordination efforts between the City, the County and the respective contractors performing the needed utility work. Approval of the 2025 Master JPA will authorize the County Mayor or County Mayor's designee to execute the individual Joint Participation Agreements on an as needed basis with no further action from the Board. The 2025 Master JPA will remain in effect for ten (10) years from the Effective Date, with one (1) additional one year renewal option at the discretion of the County Mayor or County Mayor's designee. Either party may terminate at any time upon thirty (30) days' written notice. The City approved the 2025 Master JPA at their September 25, 2025 City Commission Meeting. A copy of the City's Resolution is attached hereto as Exhibit 2. Roy Cole Chief Utilities and Regulatory Services Officer M DC003 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D : DAM COUNTY OraIOT. MEMORANDUM (Revised) TO: Honorable Chairman Anthony Rodriguez and Members, Board of County Commissioners FROM: r art ciii-Itiorti.:?i Count ttomey DATE: December 2, 2025 Substitute SUBJECT: Agenda Item No. 8(0)(4) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership , 3/5's , unanimous , majority plus one , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3) (h) or (4)(c) , CDMP 9 vote requirement per 2-116.1(4)(c) (2) ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required M DC034 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Approved Veto Override RESOLUTION NO. Mayor Substitute Agenda Item No. 8(0)(4) 12-2-25 RESOLUTION APPROVING A MASTER JOINT PARTICIPATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI TO ESTABLISH PROCEDURES FOR THE PERFORMANCE AND REIMBURSEMENT OF UTILITY WORK BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE MASTER JOINT PARTICIPATION AGREEMENT AS WELL AS PROJECT - SPECIFIC INDIVIDUAL JOINT PARTICIPATION AGREEMENTS WITH THE CITY OF MIAMI AS UTILITY WORK PROJECTS ARE IDENTIFIED; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXERCISE ANY PROVISIONS CONTAINED IN THE MASTER JOINT PARTICIPATION AGREEMENT AND THE PROJECT -SPECIFIC INDIVIDUAL JOINT PARTICIPATION AGREEMENTS WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves and authorizes the County Mayor or County Mayor's designee to execute the Master Joint Participation Agreement between Miami -Dade County (the "County") and the City of Miami (the "City"), in substantially the form attached to the accompanying memorandum as Exhibit 1 (the "Master JPA"). The Master JPA establishes procedures for the performance and reimbursement of utility work between the City and the County. The Board also authorizes the County Mayor or County Mayor's designee to execute project -specific individual joint participation agreements with the City as utility work projects are identified. Further, the Board M DC035 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Substitute Agenda Item No. 8(0)(4) Page No. 2 authorizes the County Mayor or County Mayor's designee to exercise any and all of provisions contained in the Master JPA as well as the project -specific individual Joint Participation Agreements. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Anthony Rodriguez, Chairman Kionne L. McGhee, Vice Chairman Marleine Bastien Juan Carlos Bermudez Sen. Rene Garcia Roberto J. Gonzalez Danielle Cohen Higgins Natalie Milian Orbis Micky Steinberg Oliver G. Gilbert, III Keon Hardemon Vicki L. Lopez Raquel A. Regalado The Chairperson thereupon declared this resolution duly passed and adopted this 2'd day of December, 2025. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. Approved by County Attorney as to form and legal sufficiency. Sarah E. Davis MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS JUAN FERNANDEZ-BARQUIN, CLERK By: Deputy Clerk 1 M DC036 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Civil Engineering Services for Citywide Flood Mitigation Improvements - Project No. B-233815 Project Specific - Allapattah Flood Improvements Ribbeck Engineering Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 SCOPE OF SERVICES 6 203 6 2.04 COMPENSATION 6 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 7 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8 5.01 GENERAL 8 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. 9 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY CITY 10 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 13 9.02 VERIFICATION OF INSURANCE COVERAGE 13 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 14 ARTICLE 10 MISCELLANEOUS 14 10.01 AUDIT RIGHTS; INSPECTION 14 10.02 ENTIRE AGREEMENT 14 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 15 10.06 NOTICES 15 10.07 INTERPRETATION 16 10.08 JOINT PREPARATION 16 10.09 PRIORITY OF PROVISIONS 16 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 17 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.12 COMPLIANCE WITH LAWS 17 10.13 NO PARTNERSHIP 17 10.14 DISCRETION OF DIRECTOR 17 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 18 10.17 CONTINGENCY CLAUSE 18 10.18 THIRD PARTY BENEFICIARY 18 10.19 ADDITIONAL TERMS AND CONDITIONS 18 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 19 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 19 ATTACHMENT A - SCOPE OF WORK 30 ARTICLE Al GENERAL 30 A1.01 SCOPE OF SERVICES 30 A1.02 WORK ORDERS 30 A1.03 PAYMENTS 31 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 31 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 32 A2.07 TIME FRAMES FOR COMPLETION 32 ARTICLE A3 ADDITIONAL SERVICES 32 A3.01 GENERAL 32 A3.02 EXAMPLES 32 A3.03 ADDITIONAL DESIGN 33 ARTICLE A4 REIMBURSABLE EXPENSES 33 A4.01 GENERAL 33 A4.02 SUBCONSULTANT REIMBURSEMENTS 33 ARTICLE A5 CITY'S RESPONSIBILITIES 33 A5.01 PROJECT AND SITE INFORMATION 33 A5.02 CONSTRUCTION MANAGEMENT 34 SCHEDULE Al - SUBCONSULTANTS 35 SCHEDULE A2 - KEY STAFF 35 ATTACHMENT B - COMPENSATION AND PAYMENTS 36 ARTICLE B1 METHOD OF COMPENSATION 36 B1.01 COMPENSATION LIMITS 36 B1.02 CONSULTANT NOT TO EXCEED 36 ARTICLE B2 WAGE RATES 36 B2.01 FEE BASIS 36 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 36 B2.03 MULTIPLIER 36 B2.04 CALCULATION 37 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 37 B2.06 ESCALATION 37 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 37 B3.01 LUMP SUM 37 B3.02 HOURLY RATE FEES 37 B3.03 REIMBURSABLE EXPENSES 38 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 38 B3.05 FEES FOR ADDITIONAL SERVICES 38 B3.06 PAYMENT EXCLUSIONS 39 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 39 ARTICLE B4 PAYMENTS TO THE CONSULTANT 39 B4.01 PAYMENTS GENERALLY 39 B4.02 FOR COMPREHENSIVE BASIC SERVICES 39 B4.03 BILLING - HOURLY RATE 39 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 39 B4.05 DEDUCTIONS 39 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 40 B5.01 GENERAL 40 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 40 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 40 B6.01 GENERAL 40 SCHEDULE B1 - WAGE RATES SUMMARY 41 SCHEDULE B2 - CONSULTANT INVOICE 42 Civil Engineering Services for Citywide Flood 2 RFQ No. 23-24-004/1 Mitigation Improvements - Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Civil Engineering Services for Citywide Flood Mitigation Improvements — Project No. B-233815 Project Specific Ribbeck Engineering Inc. 14335 SW 120th Street, Miami, FL 33186 Section 18-87, City of Miami Code 23-24-004 / 1 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this23th day of September in the year 2024 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Ribbeck Engineering Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 23-24-004 on November 17, 2023, for the provision of Civil Engineering Services for Citywide Flood Mitigation Improvements ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as fol lows: Civil Engineering Services for Citywide Flood 3 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks to the Director as defined in Section 1.12. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1.09 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Department means or refers to the City of Miami's Department of Resilience and Public Works ("DRPW"). 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of DRPW or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff Civil Engineering Services for Citywide Flood 4 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's stormwater infrastructure projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. Civil Engineering Services for Citywide Flood 5 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.30 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 SMA1 1 BUSINESS NTERPRISE ("SBE") PARTICIPATION REQUIREMENTSS 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 rcfcrrcd to as Community Business Enterprise ("CBE"), in good standing. municipal boundaries For information on the SBE requirements, visit the Miami Dadc County, Internal Services at a subsequent timc cause the Agreement to be canceled. 2.04 COMPENSATION 2.04-1 Compensation Limits: The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed $3,400,445.47, inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Civil Engineering Services for Citywide Flood 6 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.04-2 Payments: Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in Civil Engineering Services for Citywide Flood 7 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also Civil Engineering Services for Citywide Flood 8 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the Civil Engineering Services for Citywide Flood 9 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. Civil Engineering Services for Citywide Flood 10 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused Civil Engineering Services for Citywide Flood 11 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the City may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The City shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. Civil Engineering Services for Citywide Flood 12 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit C Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 for bodily injury caused by disease, each employee, policy limit. 9.03.5 Umbrella Liability: The Consultant shall maintain Umbrella Liability with minimum limits of $1,000,000.00 per occurrence and policy aggregate. Excess Follow form over all liability policies contained herein. 9.03.6 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. Civil Engineering Services for Citywide Flood 13 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. Civil Engineering Services for Citywide Flood 14 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriegaRmiamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 George K. Wysong III City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: GWysongc miamigov.com Phone: 305-416-1800 With Copies to: Juvenal Santana, PE, CFM Director Department of Resilience and Public Works, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JSantana@miamigov.com Phone: 305-416-1218 Civil Engineering Services for Citywide Flood 15 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Ribbeck Engineering Inc. Hans Ribbeck, PE Senior Engineer 14335 SW 120th Street, Suite 205 Miami, FL 33186 Email: hr@ribbeck.co Phone: 954-918-6769 Carlos Ribbeck, PE President 14335 SW 120th Street, Suite 205 Miami, FL 33186 Email: cr@ribbeck.co Phone: 305-319-1397 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. Civil Engineering Services for Citywide Flood 16 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding non-discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Civil Engineering Services for Citywide Flood 17 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of 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 the City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary Civil Engineering Services for Citywide Flood 18 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 This subsection applies to all projects included in this solicitation. a. Equal Employment Opportunity As it may be applicable during the performance of this contract, the Consultant agrees as fol lows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Civil Engineering Services for Citywide Flood 19 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 6. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Consultant will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon. b. Compliance with the Copeland "Anti -Kickback" Act The Consultant shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. The Consultant or subconsultant shall insert in any subcontracts the clause above and such other clauses as the federal agency providing funding may deem appropriate to require, and also a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for the compliance by any subconsultant or lower -tier subconsultant with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subconsultant as provided in 29 C.F.R. § 5.12. Civil Engineering Services for Citywide Flood 20 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 c. Compliance with the Contract Work Hours and Safety Standards Act 1. Overtime Requirements: No Consultant or subconsultant contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Consultant and any subconsultant responsible therefore shall be liable for the unpaid wages. In addition, such Consultant and subconsultant shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subconsultant under any such contract or any other Federal contract with the same Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Consultant or subconsultant shall insert in any subcontracts the clauses set forth in paragraph through (4) of this section and also a clause requiring the subconsultants to include these clauses in any lower tier subcontract. The Consultant shall be responsible for compliance by any subconsultant or lower -tier subconsultant with the clauses set forth in paragraph (1) through (4) of this section. d. Rights to Inventions Made Under Contract If the contract award meets the definition of "funding agreement" under 37C.F.R. § 401.2(a) and the City entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the City must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the federal agency providing funding. e. Clean Air Act 1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Consultant agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Civil Engineering Services for Citywide Flood 21 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by a federal agency. f. Federal Water Pollution Control Act 1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Consultant agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by a federal agency. Procurement of Recovered Materials 1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance schedule; c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 3. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. h. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment 1. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Civil Engineering Services for Citywide Flood 22 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 J• Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D j• PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 3. See Public Law 115-232, Section 889 and 2 C.F.R. § 200.471 for additional information. i. Domestic Preference For Procurements 1. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2 C.F.R pt. 184. Affirmative Socioeconomic Steps If subcontracts are to be let, the Prime Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. k. License and Delivery of Works Subject to Copyright and Data Rights The Consultant grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Consultant will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. I. Equitable Adjustment The Department of Procurement may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Proposer's control, (2) the volatility affects the marketplace, (3) the effect on pricing or availability of supply is substantial, and (4) the Civil Engineering Services for Citywide Flood 23 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 volatility so affects the Proposer that continued performance of the contract would result in a substantial loss. Proposers might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. m. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). n. Subconsultants of Work Shall be Identified As part of the RFP, Proposers are required to identify any and all Subconsultants that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, and the portion of the work to be done by the Subconsultant. Failure to identify any and all Subconsultants in the Proposal shall render the Proposal non- responsive. Proposers shall not, at any time during the tenure of the contract, subcontract any part of their work or assign any portion or part of the contract, to Subconsultants not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant(s) and the City. The Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant(s) and their employees, as for acts and omissions of persons employed by the Proposer. o. Brooks Act of 1972 — 40 U.S.0 1101-1104 The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Proposer, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts The Proposer acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Proposer's actions pertaining to this contract. r. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Proposers who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier, and up to the recipient. P. q• Civil Engineering Services for Citywide Flood 24 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Proposers to return this form signed along with their Proposal, or prior to a recommendation for contract award. s. DHS Seal, Logo, and Flags The Proposer shall not use seal(s), logos, crests, or reproductions of flags or likenesses of federal agencies, including but not limited to, the Department of Homeland Security's ("DHS") agency officials, without specific pre -approval from the appropriate federal agency. t. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance from federal agencies will be used to fund this contract only. The Consultant will comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives. u. Access to Records 1. The Proposer agrees to provide the City of Miami, federal agencies, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. w. Suspension and Debarment 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Proposer is required to verify that none of the Proposers, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Proposer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by the City of Miami. If it is later determined that the Proposer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to, suspension and/or debarment. 4. The Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Proposer further agrees to include a provision requiring such compliance in its lower -tier -covered transactions. x. United States Housing and Urban Development ("HUD") 1. Should this contract be funded by US HUD dollars and/or Community Development Block Grant ("CDBG") dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Proposer, the Proposer's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Civil Engineering Services for Citywide Flood 25 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Y. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. §§ 200.318 through 200.327. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Civil Engineering Services for Citywide Flood 26 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 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: Hans Ribbeck, PE; Office Manager Print Name, Title ATTEST: Ribbeck Engineering Inc., a Florida Profit Corporation Carlos Ribbeck, PE; President Print Name, Title \\\''�e\\,GIN. E //,, m G F '• i — Cr Consult • t `-ry 1 SEAL "4 (Affirm Consultant Seal, if available) Carlos Ribbeck, PE; Secretary ATTEST: \\yllllllJ��,' N. %�/ FL OBIilO 1��,\\ CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: DocuSigned by: L!vfLuirNbvitla r--- "-F46DZ5flflr.F145q by: R5ncE6.'47211D42A Todd B. Hannon, City Clerk �F Arthur Noriega V, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: DocuSigned by:atAkt. QSF25h Ann Marie Sharpe, Director Risk Management Department r8D80o7c7uS igned by: t,OleOt, RisbtA,1111 C II D . Georger . 4 ysong III, City Attorney DS TMF 24-2158 Civil Engineering Services for Citywide Flood 27 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Ribbeck Engineering, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 3rd day of April of 2007, a resolution was duly passed and adopted authorizing (Name)Carlos Ribbeckas (Title) President and Secretary 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 5th day of August , 20 24 Secretary: Print: Carlos Ribbe CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the _day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip Civil Engineering Services for Citywide Flood 28 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 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 '�// � ST 20°27,by t! personally )o who h s produced as identification and who (did / did not) take an oath. STATE OF 4v SS: COUNTY OF '� ' ' The fo goin instru enrrt rwas acknowledged before me this 6 day of �►'"� DS i b b� ,who is ersonall known to me r SIGNAT IRE ' F TARY PUBLIC STATE O ORI Qn A4 -I A� 6. ,c. PRINTED, STAMPED OR TYPE NAME OF NOTARY PUBLIC <:�YP MARIA BEATRIZ MALAGON MY COMMISSION # HH 086980 EXPIRES: March 13, 2025 ;,OFF ?.; Bonded Thru Notary Public Underwriters Civil Engineering Services for Citywide Flood 29 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced engineering firm to provide Civil Engineering Services for Flood Mitigation Improvements ("Project") at Project No. B-233815 —Allapattah Flood Improvements — NW 7th Avenue to NW 14th Avenue / NW 23rd Street to 31st Street, Allapattah, under the oversight of the Department of Resilience and Public Works ("DRPW"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, as well as the Scope of Services contained in this RFQ. The Consultant and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES Group I, French Drains and Wells The purpose of the project is to develop a stormwater design to reduce flood risk and minimize the impacts of rising sea levels in this sub -basin, as identified in the 2021 City of Miami Stormwater Master Plan, for the following project: Project No. B-233815 — Allapattah Flood Improvements — NW 7th Avenue to NW 14th Avenue / NW 23rd Street to 31st Street, Allapattah The Consultant shall provide design engineering services for road reconstruction including, but not limited to, drainage improvements, stormwater modeling, sidewalks, ADA compliant ramps, curb and/or gutter structures, pavement markings and striping, roadway signage, utility coordination, design development, construction permitting, bidding and construction administration. The proposed drainage will include exfiltration trenches and a series of underground injection wells. The City may also require the Consultant to perform survey, geotechnical services, landscaping architecture, roadway lighting, traffic signalization, public involvement, and related services necessary for the design and preparation of construction documents for the Project. The Consultant's team shall consist of the following personnel: • Project Manager • Roadway Engineer • Stormwater Engineer In addition to the Key Personnel listed above, the Consultant's team shall have the following Required Personnel, through either the Consultant's staff or that of any Subconsultant: • Construction Engineering and Inspection ("CEI") Services Specialist Further details concerning the Scope of Services are contained in the solicitation for Civil Engineering Services for Citywide Flood Mitigation Improvements, included as part of this Agreement. A more detailed version of scope of work is included in Exhibit A., "Consultant Work Order Proposal." A1.02 WORK ORDERS When RPW has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to Civil Engineering Services for Citywide Flood 30 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with the provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROJECT SERVICES Consultant agrees to provide complete civil engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Chapter 471 of the Florida Statutes and Rules 61 G15- 18 through 61G15-37 of the Florida Administrative Code. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. A2.01 FEASABILITY STUDY Please refer to Exhibit A, "Consultant Work Order Proposal." A2.02 SCHEMATIC DESIGN Please refer to Exhibit A, "Consultant Work Order Proposal." A2.03 DESIGN DEVELOPMENT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.04 CONSTRUCTION DOCUMENTS Please refer to Exhibit A, "Consultant Work Order Proposal." A2.05 BIDDING AND AWARD OF CONTRACT Civil Engineering Services for Citywide Flood 31 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Please refer to Exhibit A, "Consultant Work Order Proposal." A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.07 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Feasibility Study 180 days Schematic Design 60 days Design Development 90 days 50% Construction Documents 60 days 100% Construction Documents 60 days Dry -Run Permitting 60 days Bidding and Award of Construction Contract 60 days Construction Contract Administration 365 days ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub- contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration, or legal proceeding, providing, however, that Civil Engineering Services for Citywide Flood 32 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid for by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and as far as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. Civil Engineering Services for Citywide Flood 33 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A5.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Civil Engineering Services for Citywide Flood 34 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Gannett Fleming, Inc. CEIS, Lighting HR Engineering Services, Inc. Geotechnical HML Public Outreach LLC Community Outreach Smith Engineering Consulting MEP, Pump Station Design WGI, Inc. Pump Station Design, Environmental & Permitting, Miscellaneous Structures, Landscape Architecture, Survey & SUE SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Lead Project Manager Carlos Ribbeck, PE Lead Roadway Engineer Maher Maaliki, PE Lead Stormwater Engineer Francis Mitchell, PE CEI Services Specialist Martin Benzaquen, PE Sr. Engineer Hans Ribbeck, PE Project Engineer Johanna Ribbeck, PE Engineering Intern Javier Veliz, El Designer Luis Rodriguez, Martin Arteaga Sr. CADD Technician Horacio Lopez Certified Arborist Marisol Ortega, ISA Sr. Landscape Architect Cheryl Calendar, RLA Landscape Designer Daniela Ciefelli Professional Geologist John Abbott, PG Remediation Specialist Leroy Feeney Sr. Community Outreach Specialist Heather M. Leslie Outreach Support Specialist Aurora Gonzalez Principal Surveyor Roberto Mantecon Sr. Surveyor Alvin Santiago Project Surveyor Pablo Dominguez Survey/GIS/SUE Analyst 3 Edgardo Azabache Civil Engineering Services for Citywide Flood 35 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. Civil Engineering Services for Citywide Flood 36 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION After the first year of the contract term, the escalation of said Wage Rates may be considered upon request by the Consultant. The Consultant may have to supply documentation to justify any requested percentage increase in cost to the City. The City reserves the right to approve or reject said requests for escalation. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in Civil Engineering Services for Citywide Flood 37 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www. miamigov.com/Govern ment/Departments-Organ izations/Office-of-Capital- I mprovements. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. Civil Engineering Services for Citywide Flood 38 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE 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. B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. Civil Engineering Services for Citywide Flood 39 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Civil Engineering Services for Citywide Flood 40 RFQ No. 23-24-004/1 Mitigation Improvements — Project No. B-233815 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D 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) Project Manager $70.00 $203.00 $168.00 Lead Roadway Engineer $78.00 $226.20 $187.20 Lead Stormwater Engineer $70.00 $203.00 $168.00 Construction Engineering and Inspection ("CEI") Services Specialist $79,00 $229.10 $189.60 Sr. Engineer $79.00 $229.10 $189.60 Project Engineer $76.50 $221.85 $183.60 Engineering Intern $40.00 $116.00 $96.00 Designer 1 $44.00 $127.60 $105.60 Designer 2 $39.00 $113.10 $93.60 Sr. CADD Technician $38.00 $110.20 $91.20 Certified Arborist (Sub) $53.85 $156.17 $129.24 Sr. Landscape Architect (Sub) $60.10 $174.29 $144.24 Landscape Designer (Sub) $37.26 $108.05 $89.42 Professional Geologist (Sub) $79.00 $229.10 $189.60 Remediation Specialist (Sub) $40.87 $118.52 $98.09 Sr. Community Outreach Specialist (Sub) $42.00 $121.80 $100.80 Outreach Support Specialist (Sub) $32.00 $92.80 $76.80 Principal Surveyor (Sub) $79.00 $229.10 $189.60 Sr. Surveyor (Sub) $68.58 $198.88 $164.59 Project Surveyor (Sub) $44.00 $127.60 $105.60 Survey/GIS/SUE Analyst 3 (Sub) $41.84 $121.34 $100.42 (*) Flat rate, no multipliers applied. Civil Engineering Services for Citywide Flood 41 Mitigation Improvements - Project No. B-233815 RFQ No. 23-24-004/1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF Imo. DEPART1 NT OF RESILJENCE APO PUBLIC WORKS - CONSULTANT STANDARD NVOICE To: ATM Front NOTE: City of Mary1 Office of Capital IR¢DIe9nents SW $10 /1wnue - 8R1 Floor Want FL 33130 w.wte Sumba,. invoice Dant Yat1M00, 0000 From To: Wrenn P- Coneacl No.: Contract TAW P1gaC1 No.: P1opac1 Nam. riots O. No. Yatll00, 0000 Mall 00, t7[i.0 esm-..caeeed yr 2 Cei lho A Oa .d.v.e P.P.. wet. are N-t Worm.. 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Toast Duo . 1 - 1U I t WilarLt1tU tlT LCW Sl1L1AM11 T1111M meTPt TlenC an COnp CT an'- st1PC11Tbo Downier. OItCILS1- Atrnflow Leer of Pews bang ewsarae 11.0+•0110 Omm.e. tr Imolra Aaaee.l :.m.-OM Stake Repel ISy.-ro of hecbp(. romi Pie o Qa o-nro. llam= A.re.taba rp.. rrr an. -Ms 0 erkci * CITY OF MAAR APPROVAL DO NOT COMPLETE. TO 0E COMPLETED BY CITY OF NWAI Otn OAnlwt Grp Rte..a cnP Prewar vO — Moamar/ le Pwt.elwe Flans V. r'TICi..cLr WNN1.2X R EAw LLAOttt On., C1 cetarN ,!sepal ftana Ia IQC T oft CM- **mat 011•1M0. ram. IX Civil Engineering Services for Citywide Flood 42 Mitigation Improvements — Project No. B-233815 RFQ No. 23-24-004/1 Docusig� Envelope ID: F909A17BVOEFE^89FDv804E-059282E8 L1- ,,.TY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S L... Miami FL Resolution R-24-0203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY REPLACING THE CURRENT "ATTACHMENT A - 11/27/23 REVISED" WITH "ATTACHMENT A - 05/23/24 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING "MARGARET PACE PARK, PARK AND WATERFRONT IMPROVEMENTS, PROJECT NO. 40-B233500"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. Information Department: Department of Parks and Sponsors: Recreation and Office of Capital Improvements Category: Other Attachments Agenda Summary and Legislation 15870 Exhibit A Financial Impact CIP Project No: 40-B233500 Body/Legislation VVHEREAS, Section 18-117 of the City Code, titled "Economic Stimulus Awards and Agreements," established measures to stimulate the local economy by creating a process to expedite the award of professional services agreements and contracts for certain projects identified in an Attachment "A" of said Ordinance; and VVHEREAS, in accordance with Sections 287.055 and 255.20, Florida Statutes, respectively, Section 18-117 also authorizes the City Manager to advertise for, receive, review, reject, and evaluate responses and award contracts for the listed projects; and VVHEREAS, pursuant to Section 18-117(b) of the City Code, the City Commission may add or delete projects from Attachment "A" by Resolution; and VVHEREAS, Resolution No. 14-0372 adopted on September 29, 2014, replaced the original Attachment "A" with "Attachment A - 9/10/14 REVISED"; and https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=15870&highlightTerms=Expedited List&Print=Yes 1/3 Docusig� Envelope ID: F909A17BVOEFE^89FDv804E-059282E8 L1- ,,.TY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S L... VVHEREAS, Resolution No. 19-0187 adopted on May 9, 2019, replaced "Attachment A - 9/10/14 REVISED" with "Attachment A - 4/12/19 REVISED"; and VVHEREAS, Resolution No. 20-0209 adopted on July 23, 2020, replaced "Attachment A — 4/12/19 REVISED" with "AttachmentA- 6/17/20 REVISED Miami Recovery Initiative"; and VVHEREAS, Resolution No. 24-0002 adopted on January 11, 2024, replaced "Attachment A — 6/17/20 REVISED Miami Recovery Initiative" with "AttachmentA- 11/27/23"; and VVHEREAS, considering these projects require efficiency across planning, procurement, and implementation of program components, the City's Office of Capital Improvements ("OCI"), the Department of Parks and Recreation ("Parks"), and the City Manager recommend replacing "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated for the purpose of including "Margaret Pace Park, Park and VVaterfront Improvements, Project No. 40-B233500"; and VVHEREAS, pursuant to Section 18-117(e) of the City Code, amongst the requirements for such projects, the City's Office of Management and Budget ("Budget") will perform a review of budgetary availability prior to the time of award of any contract for the same. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment of the City's list of expedited projects pursuant to Section 18-117 of the City Code by replacing the current "Attachment A - 11/27/23 REVISED" with "Attachment A - 05/23/24 REVISED," attached and incorporated, for the purpose of including "Margaret Pace Park, Park and VVaterfront Improvements, Project No. 40-B233500" is hereby authorized. Section 3. Funding shall be allocated from various sources including, but not limited to, the Miami Forever Bonds, as well as other local, state, and federal stimulus funding, if and when available. Section 4. The City Manager is further authorized[1] to negotiate and execute all other documents, including any agreements, amendments, and extensions, subject to all allocations, appropriations, and budgetary approvals having been previously made, and in compliance with all applicable provisions of the City Code, including the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. The herein authorization is further subject to compliance with all regulations that may be imposed by the City Attorney including, but not limited to, those prescribed by applicable City Charter and City Code provisions. Meeting History May 23, 2024 9:00 AM City Commission City Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Miguel Angel Gabela, Commissioner, District One SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Joe Carollo, Miguel Angel Gabela, Damian Pardo, Manolo Reyes at Draft https://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=15870&highlightTerms=Expedited List&Print=Yes 2/3 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B30688 Marine Stadium Restoration DREAM $54,795,673 04- Dry-Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $10,253,556 07-Construction 2 40-B193602 Brickell Key Bridge RPW $7,120,709 04- Dry-Run/Permit 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $2,111,239 03- Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247 08- Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $2,698,117 05- Bidding 5 N/A Construction and Permanent Financing: MLK Residences Housing $2,000,000 #N/A 5 N/A Construction and Permanent Financing: Liberty Renaissance Housing $1,000,000 #N/A 5 N/A Affording Housing and Economic Development Housing $8,000,000 #N/A Citywide N/A Home Ownership Preservation / Single Family Home Rehabilitation Housing $4,000,000 #N/A Citywide 40-B17357 Antonio Maceo Boat Ramp and Dock Renovations Parks $1,542,604 07- Construction 1 40-8183505 West End Park Master Plan, Pool Design, and Enhancements Parks $16,152,963 05- Bidding 4 40-B193511 Curtis Park Community Center Design Parks $15,789,049 04- Dry-Run/Permit 1 40-B193512 Armbrister Park Community Center Design Parks $10,335,233 04- Dry-Run/Permit 2 40-B193513 Moore Park Gym Design and Construction Parks $15,274,193 05- Bidding 5 40-B193514 Coral Way Park Expansion and Enhancements Parks $2,819,095 06- Pre -Construction 3 40-8193515 Riverside Park Renovations and Enhancements Parks $3,184,578 03- Design 3 40-B193517 New Park at 3699/3701 SW 1st AVE Parks $1,599,722 03- Design 3 40-B35806 Curtis Park New Pool Facility and Boat Ramp Improvement Parks $5,889,244 08- Final Completion 1 40-B40510 Legion Park Seawall and Non -motorized Ramp Parks $2,290,424 07- Construction 5 40-B40510A Legion Park Building Parks $5,076,765 07- Construction 5 40-B40563 Shenandoah Park Pool Renovation Parks $13,276,475 07- Construction 4 40-B40566 Spring Garden Point Park Parks $1,954,059 02- A/E Selection 1 40-B40581 Douglas Park Community Center Parks $10,873,749 05- Bidding 4 40-B40668 Marine Stadium Park Development Parks $24,134,300 09- Monitoring Citywide 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $14,000,000 03- Design Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $8,463,204 03- Design 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,884,329 03- Design 1 40-B193622 Very Poor Condition Roads - Outside Priority Drainage Basins RPW $8,067,667 07- Construction Citywide 40-B193801 Improve Drainage Outside of Priority Drainage Basins RPW $2,300,000 07- Construction Citywide 40-B193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $27,255,000 03- Design 2 40-B30606 Flagler Street Beautification RPW $30,567,631 07- Construction Citywide 40-B30624 Overtown Greenway at NW 11 Terrace RPW $3,301,995 07- Construction 5 40-B30637 Mary Brickell Village Drainage Improvements RPW $5,423,618 07-Construction Citywide 40-B30687 Coconut Grove Business Improvement District -Street Improvements RPW $6,938,185 08- Final Completion 2 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $11,056,706 04- Dry-Run/Permit 2 40-B30941 Downtown Miami Signage and Wayfinding System RPW $2,406,808 08- Final Completion Citywide 40-B193522A Dog Run Park Parks $1,116,076 03- Design 4 40-B233506 Fairlawn Community Park Parks $750,000 01- Planning 4 40-B233507 Shenandoah Playground Replacement Parks $750,000 01- Planning 4 40-B233513 Grapeland Heights Park and Baseball Park Parks $2,509,080 01- Planning 1 40-B233523 Bayfront Park Fountain Parks $2,833,760 01- Planning 2 40-B213414 D4 Park Land Acquisition Parks $2,091,967 01- Planning 4 40-B233800 SW 56 Ave from SW 8th St. to W Flagler St. RPW $975,000 07- Construction 4 40-B223801 East Flagami Flood Mitigation RPW $32,438,495 01- Planning 4 40-B223802 Auburndale Flood Mitigation Project RPW $20,649,197 01- Planning 4 40-B233801 SW 49th Ave from SW 8th St. to W Flagler St. RPW $1,225,000 07- Construction 4 40-B50413 SW 24th St. from 27th Ave to SW 32nd Ave RPW $4,388,769 05- Bidding 4 40-B50412 SW 23 Terrace from SW 27 Avenue to SW 32 Avenue RPW $4,858,905 05- Bidding 4 40-B233821 Mary Brickell Village Drainage Improvements RPW $2,246,000 01- Planning Citywide 40-B233822 Localized Flooding Improvements Citywide RPW $10,000,000 01- Planning Citywide 40-B233823 E & W Glencoe Street, S Bayshore Ct Flood Improvements RPW $1,100,000 03- Design 2 40-B183611A NW 17 Street from NW 32 to NW 37 Avenue RPW $6,716,755 03- Design 1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-850904 NW 7 Street Road from NW North River Drive to South of NW 9 Avenue RPW $2,634,441 04- Dry-Run/Permit 1 40-8193500 Jose Marti Park Seawall, Shoreline, and Flood Improvements- Construction PARKS $23,885,629 04- Dry-Run/Permit 3 40-B193501 Little River Mini Park (Outfall Connection) RPW $2,270,332 04- Dry-Run/Permit 5 40-8233815 Allapattah Flood Improvements - NW 7 Ave to 14 Ave, NW 23 St to 31 St RPW $31,376,188 01- Planning 1 40-B233816 Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) RPW $11,029,883 01- Planning 1 40-B233805 Edgewater Flood Improvements - NE 4 Ave to Biscayne Bay, NE 22 St to NE 24 St (Pump Station) RPW $17,111,976 01- Planning 2 40-B233811 Replacement of Seawalls Morningside between NE 55 Terr, NE 65 St and Biscayne Bay - D2 RPW $1,217,523 01- Planning 2 40-13233809 Brickell and Coconut Grove Seawalls between SE 25th Rd to Mathenson Ave. and Biscayne Bay - D2 RPW $1,658,529 01- Planning 2 40-13233810 Replacement of 8 Seawalls in Edgewater between NE 22 St to NE 34 St. along Biscayne Bay - D2 RPW $3,111,764 01- Planning 2 40-B233804 East Little Havana Flood Improvements - W 12 Ave to W 17 Ave, NW 2 St to SW 6 St (Pump Station) RPW $39,269,877 01- Planning 3 40-13233606 8 Street Flood Improvements - SW 17 Ave to SW 22 Ave, SW 5 St to SW 12 St RPW $9,781,446 01- Planning 3 40-B233803 Shorecrest South Flood Improvements - NE 8 Ct to NE Bayshore Ct, NE Little River Dr to NE 79 St (Pump Station) RPW $16,067,860 01- Planning 5 40-B233814 South-West Wynwood Flood Improvements - NW 3 Ave to NW 5 PI, NW 16 St to NW 28 St (Pump Station) RPW $31,698,775 01- Planning 5 40-13233812 Replacement of Seawalls Shorecrest between NE 84 St and Ademar Canal; NE Bayshore Dr. and Davis Canal - D5 RPW $1,804,270 01- Planning 5 40-13233817 Clemente Park Flood Improvements - Miami Ave to NW 2 Ave and NW 30 St to 36 St RPW $14,734,729 01- Planning 5 40-13233806 Immediate Flood Control: Install Backflow Valves CW RPW $4,084,000 01- Planning Citywide New City-wide' Parks Playground Renovations (13 Sites -D1, D2, D3 and Parks $4,059,580 01- Planning Citywide 40-B203801 Citywide Pump Stations Telemetry System RPW $1,359,790 01- Planning Citywide 40-13233819 Localized Flooding Improvements District 3 RPW $1,052,000 01- Planning 3 40-13233820 Pump Stations District 3 RPW $2,500,000 01- Planning 3 40-8203515 Badia Center Facility at Flagami Park - D4 Parks $9,139,017 03- Design 4 40-13203518 Shenandoah Mini Pk -ROW Improv RPW $1,379,267 05- Bidding 4 40-13203519 Swannanoa Mini Park - right of way improvements (design only) - D4 RPW $989,681 03- Design 4 40-B223521 Parks Public WiFi Installation Parks $1,000,000 01- Planning Citywide 40-850414 SW 24 Terrace from SW 27 Avenue to SW 31 Avenue RPW $4,753,717 07- Construction 4 40-B50421 SW 25 Street from SW 27 Avenue to SW 32 Avenue D4 RPW $4,824,071 07- Construction 4 40-13223212 Fire Station 12 - Hardening Fire $1,565,300 01- Planning Citywide 40-13213210 Fire Station 2 - Hardening Fire $1,093,733 01- Planning Citywide 40-13213209 Fire Station 9 - Hardening Fire $1,437,700 01- Planning Citywide 40-13213512 Hadley Park - Resiliency Hub Parks $1,315,002 01- Planning 5 40-13213208 Miami Police HQ- Hardening Police $17,019,200 01- Planning Citywide 40-850112 NW 13 Avenue from NW 21 Street and NW 23 Street RPW $1,845,821 04- Dry-Run/Permit 1 40-850104 NW 13 Street from NW 35 Avenue to NW 37 Avenue RPW $4,100,813 04- Dry-Run/Permit 1 40-830756 NW 30 Street Improvement RPW $6,637,700 04- Dry-Run/Permit 1 40-13183610 West Grove Roadway Improvements RPW $3,586,995 04- Dry-Run/Permit 2 40-13183612 Charles Avenue from Main Highway to South Douglas Road RPW $4,020,810 04- Dry-Run/Permit 2 40-13213602 Little Havana Pedestrian Priority Zone RPW $7,046,939 04- Dry-Run/Permit 3 40-13203610 SW 5 Street from SW 29 Avenue to SW 32 Avenue - Reconstruction RPW $2,384,343 04- Dry-Run/Permit 3 40-13213606 Kinloch Roadway Neighborhood Improvements RPW $1,204,709 03- Design 4 40-13173613 South Golden Pines No Outlet Streets Improvements RPW $6,521,515 03- Design 4 New Wagner Creek Embankment Stabilization RPW $2,500,000 01- Planning 1 40-B173511A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp Parks $14,702,008 04- Dry-Run/Permit 2 40-B193521 Fairlawn Community Park Parks $3,426,270 05- Bidding 4 40-13203509 Athalie Range Park - New Recreation Building D5 Parks $5,363,404 03- Design 5 40-870100 Gusman Hall Improvements / Repairs DREAM $31,533,654 03- Design 5 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 05/23/24 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B70121 Police Drains and Parking Police $3,023,550 05- Bidding Citywide New Police HQ -Garage Demolition and Sitework Police $2,000,000 01- Planning Citywide 40-B233601 Miami River Greenway - NW N River Dr from NW 22 Ave to NW 19 Ave RPW $4,340,000 01- Planning 1 40-B233602 Buena Vista Local Drainage and Road Improvements RPW $2,899,154 02- A/E Selection 5 40-B173642 Belle Meade Circle Cul-De-Sac Improvements RPW $915,789 03- Design 5 40-B213605 NW 11 Street from NW 1 Avenue To NW 3 Avenue RPW $2,319,194 03- Design 5 40-B70046 Virginia Key Boat Launch & Trailer Parking DREAM $3,000,000 07- Construction 2 40-B70042 Miami Marine Stadium Marina - Mooring Field DREAM $3,000,000 03- Design 2 40-B233500 Margaret Pace Park Parks $1,620,000 03-Design 2 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D AC o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/27/2026 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 Collinsworth Ins & Risk Mgmt Services In P.O. Box 661628 Miami Springs FL 33266 CONTACT NAME: Erinn E Collinsworth PHONE FAX (A/C No Ext): (786) 930-4795 (A/C,No): (786) 930-4794 E-MAIL ADDRESS: erinn@collinsworthinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Phoenix Insurance Company 25623 INSURED Ribbeck Engineering Inc. 14335 SW 120th St. Suite #205 Miami FL 33186 (305) 319-1397 INSURER B: Travelers Ind Co of Amer 25666 INSURER C: Travelers Property Casualty of A 25674 INSURER D: Travelers Cas & Surety Co 19038 INSURER E:RLI Insurance Co. 13056 INSURERF: COVERAGES ZG CERTIFICATE NUMBER: Cert ID 19356 (122) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP �MIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 680-3K295795 �` 0L.2026 ), �v: l�, V 03/25/2027 EACH OCCURRENCE $ 1, 000, 000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 5, 000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES TNT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILELIABILITY x X ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y BA-5R009756 XNQ ` �` O /25/2026 03/25/2027 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLALIAB EXCESS LIAB X O OCCUR CLAIMS -MADE CUP-5779© 03/25/2026 03/25/2027 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION $ 10, 000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A UB-6K431115 03/25/2026 03/25/2027 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 E Professional Liability RDP0061815 Claims -Made Basis 03/25/2026 03/25/2027 Each Occurrence Policy Aggregate $ 2,000,000 $ 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Miami RFQ 23-24-004 PSA - Civil Engineering Services for Citywide Flood Mitigation Improvements Retroactive Date for Professional Liability is 3/11/2008 When required by written contract, City of Miami is listed as additional insured, excluding professional services, on the General & Auto Liability; General Liability is primary and non-contributory, Auto Liability is primary. Issuing companies provide 30 day written notice of cancellation; 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Miami Dept 444 SW 2nd Ave. - Miami FL 33130 of 8th Capital FL Improvements (CIP) 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 YW�" ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D From: To: Subject: Date: Attachments: Ouevedo, Terry Caseres. Luis; Gomez Jr., Francisco (Frank); Aviles. Yesenia RE: Renewal Certificate of Insurance for Ribbeck Engineering Inc. Tuesday, March 24, 2026 10:15:41 AM imaoe003.Dnq image005.pnq Hello Luis The COI is adequate Regards, Terry M. Quevedo City ofMiami Risk Management Department 14 NE 1st Avenue, 2nd Floor Miami, Florida 33132 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo@.miamigov.com Ice etc y, 714,404os c4 aor game From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Tuesday, March 24, 2026 10:10 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: Renewal Certificate of Insurance for Ribbeck Engineering Inc. Good morning, Please review and approve. Best regards, L cAtiik Cc v-e,- Construction Procurement Assistant Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D GV, I I...I,J',IVA Detail by Entity Name DIVISION OF CORPORATIONS ^,. f Dsvidil: Jf (� r ;org L., 0 1) PD i)-�rfrCJI• I� rrrr official 5ta19 of Florida wee iu' Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation RIBBECK ENGINEERING INC. Filing Information Document Number P07000041820 FEI/EIN Number 26-0460404 Date Filed 04/03/2007 Effective Date 04/03/2007 State FL Status ACTIVE Principal Address 14335 SW 120TH STREET SUITE 205 MIAMI, FL 33186 Mailing Address 14335 SW 120TH STREET SUITE 205 MIAMI, FL 33186 gistered Agent Name & Address RIBBECK, CARLOS F 4420 SW 149TH COURT MIAMI, FL 33185 Officer/Director Detail Name & Address Title PRES RIBBECK, CARLOS F 4420 SW 149TH COURT MIAMI, FL 33185 Title TREA RIBBECK, CARLOS F 4420 SW 149TH COURT MIAMI, FL 33185 Title SEC https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=RIBBECK... 1/2 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D GV, I I...I,J llIY1 Detail by Entity Name RIBBECK, CARLOS F 4420 SW 149TH COURT MIAMI, FL 33185 Annual Reports Report Year Filed Date 2024 02/07/2024 2025 01/29/2025 2026 01/26/2026 Document Images 01/26/2026 --ANNUAL REPORT 01/29/2025 --ANNUAL REPORT 02/07/2024 --ANNUAL REPORT 01/18/2023 --ANNUAL REPORT 02/14/2022 --ANNUAL REPORT 01/14/2021 --ANNUAL REPORT 01/08/2020 --ANNUAL REPORT 03/06/2019 --ANNUAL REPORT 03/15/2018 --ANNUAL REPORT 02/09/2017 --ANNUAL REPORT 03/02/2016 --ANNUAL REPORT 01/10/2015 --ANNUAL REPORT 04/21/2014 --ANNUAL REPORT 04/18/2013 --AMENDED ANNUAL REPORT 04/16/2013 --ANNUAL REPORT 02/20/2012 --ANNUAL REPORT 02/23/2011 --ANNUAL REPORT 02/25/2010 --ANNUAL REPORT 04/01/2009 --ANNUAL REPORT 04/30/2008 --ANNUAL REPORT 04/03/2007 -- Domestic 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 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=RIBBECK... 2/2 Docusign Envelope ID: F909A17B-OEFE-89FD-804E-059282E8836D Legal Service Request Personal Information Name: Luis Caseres Title: Construction Procurement Assistant Department: Procurement Phone number: (305) 416-1923 Request type: Other Describe legal service request: Please review for Legal sufficency - RFQ No. 23-24-004 for Civil Engineering Services for Citywide Flood Mitigation Improvements (Increase in Capacity) Legal Services - Review Matter ID # 26-959 Date of Matter Creation: 04/06/2026 Client: Procurement Area of Law: 201- Contracts Type: Professional Services Comments: Assign to? Attorney Assignment Assigned Attorney: Nicholas Atkison, natkison@miamigov.com Assigned Assistant: Frankeetha Roberts, froberts@miamigov.com Select an Attorney for this request: Nicholas Atkison Attorney Email: natkison@miamigov.com Attorney Name: Nicholas Atkison Select an Assistant for this request: Frankeetha Roberts Assistant Email: froberts@miamigov.com Assistant Name: Frankeetha Roberts CC Name: Email Address: CC Name: Email Address: CC Name: Email Address: CC Name: Email Address: Comments: Assign to Nick Atkison. Legal Services - Assignment Comments: Ribbeck Engineering, Inc. - Civil Engineering Services for City Wide Flood Mitigation Improvements - RFQ No. 23-24-004 - Increase in Capacity - Amendment No. 1 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Friday, May 1, 2026 9:56 AM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Darrington, Mario; McGinnis, Lai -Wan Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Gomez, Marta; Johnson, Antiwonesha; Roberts, Frankeetha; Atkison, Nicholas Document Distribution - RFQ 23-24-004-Civil Engineering Services for Citywide Flood Mitigation Amendment_No_1_to_RFQ_23-24-004_-_Ribbeck-Executed 05-01-2026.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. Antiwonesha/Marta: You may now close this Matter ID 26-959 Todd: Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Effective Date: Best regards, Amendment No. 1 City of Miami Ribbeck Engineering, Inc. Civil Engineering Services for Citywide Flood Mitigation Improvements (Increase in Capacity) 05/01/2026 i LuA.- Cc e re k Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. 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