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HomeMy WebLinkAbout23599AGREEMENT INFORMATION AGREEMENT NUMBER 23599 NAME/TYPE OF AGREEMENT EXP US SERVICES, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/PROFESSIONAL ENGINEERING SERVICES FOR 1-395 PEDESTRIAN BAYWALK & BIKEWAY BRIDGE PROJECT/FILE ID: 9316/R-21- 0318/MATTER ID: 21-109 EFFECTIVE DATE September 20, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/20/2021 DATE RECEIVED FROM ISSUING DEPT. 9/21/2021 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 * IICAII 413iis n41 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Anthony Hansen/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: EXP U.S. Services Inc. EXT. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ❑ YES ❑■ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ YES ■❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 COMMISSION APPROVAL DATE: 07/22/2021 FILE ID: 9316 ENACTMENT NO.: 21-0318 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR September 1, 20Mnile Tr 1: DEUred by:P t4� -A�µJCA� / SUBMITTED TO RISK MANAGEMENT September 2, 02`Yn liVITO BUNI8--_rDocuSigned by: Pro& emit,/5 SUBMITTED TO CITY ATTORNEY September 9, 2021ctgriliVl�r�e4zEDocnsd=y: ��// II `j�� � t' bU4 F g2/bFSbCtl4Cb... 09-14-2021 APPROVAL BY BUDGET OFFICE September 15, 2 2n 1 M' D Signed : by p1� Ett APPROVAL BY ASSISTANT CITY MANAGER September 16, 2V91 94. . LYa W-' by: APPROVAL BY DEPUTY CITY MANAGER Nzeribe Ihekwaba RECEIVED BY CITY MANAGER September 17, 26Aur 'VW Y9 f oouSignedby: ari%ur WV?, �nsnrrRr172n042fl SUBMITTED TO AND ATTESTED BY CITY CLERK September 20, Todd Hannon 2021 18:39:4 DocuSigned by: Hannon '-E16D7560DCF9 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 21230 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date 09/01/2021 From: Anthony Hansen Contact Person Procurement Requesting Client Contracting Officer Manager. 305-416-1903 Telephone Title i 1 Legal Service Requested: RFQ 19-20-031 — Professional Engineering Services for I-395 Pedestrian Baywalk and Bikeway Bridge Project — D2 Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. ❑ Supplemental page attached. Authorized by: Fernando Ponassi Date response requested by: ASAP BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Supplemental Page Copy returned to Requesting Client Copy to Ultimate Client rev. 06/17/2011 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project — D2 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer ❑ City Manager ✓ City Commission — RESOLUTION No. R-21-0318 2. PROCUREMENT METHOD: ✓ RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. No 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? N/A IF YES, WHAT IS THE RESOLUTION NUMBER? N/A 5. WHAT IS THE SCOPE OF SERVICES? The Successful Proposer shall work with the City, Miami Downtown Development Authority (DDA), Florida Department of Transportation (FDOT), and community stakeholders to design a ped/bike bridge, and develop this project from conceptual design, through schematic and design development, all the way to 100% construction documents and permitting approvals, with the end goal of a bid document package. A thoughtful and successful design will not only solve the connection issue via a structurally sound engineered bridge, it will also create an iconic destination for residents and tourists alike. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? OCI 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Project Specific 10. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Evaluation Selection Committee, City Commission 12. BACKGROUND INFORMATION OF AWARDEE (I.E. NUMBER OF YEARS IN BUSINESS, LOCATION AND ANY OTHER PERTINENT INFORMATION? EXP U.S. Services, Inc. History of company dates back to 1906. Planned, designed, inspected, repaired, rehabilitated, and/or constructed over 1,000 bridges. Employs 3500+ professionals worldwide with 90+ offices across North America, with Florida offices in Coral Gables, Maitland, Sarasota, Tallahassee, Fort Myers, and Tampa. EXP is Ranked Number 29 on the ENR 500; Number 11 on the Building Design and Construction list of MEP Giants, and has over 200 Awards for exceptional design. 13.SUNBIZ: Is the Firm(s) a Florida Registered Corporation or a Foreign Corporation (not from Florida)? List firm(s) and whether they are a Florida Corporation or Foreign (list the place where the firm(s) is from): - EXP U.S. Services, Inc. — Foreign Corporation (Brampton, Ontario) DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project Project Specific EXP U.S. Services Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS - NOT APPLICABLE .7 2.04 COMPENSATION 7 ARTICLE 3 PERFORMANCE 8 3.01 PERFORMANCE AND DELEGATION 8 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.03 CONSULTANT KEY STAFF 8 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 9 4.03 CHANGES TO SUBCONSULTANTS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 9 ARTICLE 6 TERMINATION OF AGREEMENT 10 6.01 CITY'S RIGHT TO TERMINATE 10 6.02 CONSULTANT'S RIGHT TO TERMINATE 10 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 NONDISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 13 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 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 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 1 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 16 10.12 COMPLIANCE WITH LAWS 16 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 17 10.17 CONTINGENCY CLAUSE 17 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 18 ATTACHMENT A - SCOPE OF WORK 22 ARTICLE Al GENERAL 22 A1.01 SCOPE OF SERVICES 22 A1.02 WORK ORDERS 22 A1.03 PAYMENTS 22 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 22 A2.01 DEVELOPMENT OF OBJECTIVES 23 A2.02 SCHEMATIC DESIGN 23 A2.03 DESIGN DEVELOPMENT 23 A2.04 CONSTRUCTION DOCUMENTS 23 A2.05 BIDDING AND AWARD OF CONTRACT 23 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 23 A2.07 TIME FRAMES FOR COMPLETION 23 ARTICLE A3 ADDITIONAL SERVICES 23 A3.01 GENERAL 23 A3.02 EXAMPLES 23 A3.03 ADDITIONAL DESIGN 24 ARTICLE A4 REIMBURSABLE EXPENSES 24 A4.01 GENERAL 24 A4.02 SUBCONSULTANT REIMBURSEMENTS 24 ARTICLE A5 CITY'S RESPONSIBILITIES 25 A5.01 PROJECT AND SITE INFORMATION 25 A5.02 CONSTRUCTION MANAGEMENT 25 SCHEDULE Al - SUBCONSULTANTS 26 SCHEDULE A2 - KEY STAFF 26 ATTACHMENT B - COMPENSATION AND PAYMENTS 26 ARTICLE 131 METHOD OF COMPENSATION 27 B1.01 COMPENSATION LIMITS 27 B1.02 CONSULTANT NOT TO EXCEED 27 ARTICLE B2 WAGE RATES 27 B2.01 FEE BASIS 27 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 27 B2.03 MULTIPLIER 27 B2.04 CALCULATION 27 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 28 B2.06 ESCALATION 28 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 28 B3.01 LUMP SUM 28 B3.02 HOURLY RATE FEES 28 B3.03 REIMBURSABLE EXPENSES 28 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 29 B3.05 FEES FOR ADDITIONAL SERVICES 29 B3.06 PAYMENT EXCLUSIONS 29 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 29 ARTICLE B4 PAYMENTS TO THE CONSULTANT 29 B4.01 PAYMENTS GENERALLY 29 B4.02 FOR COMPREHENSIVE BASIC SERVICES 30 B4.03 BILLING - HOURLY RATE 30 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 30 2 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B4.05 DEDUCTIONS 30 ARTICLE B5 REIMBURSABLE EXPENSES 30 B5.01 GENERAL 30 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 31 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 31 B6.01 GENERAL 31 SCHEDULE B1 — WAGE RATES SUMMARY 32 SCHEDULE B2 — CONSULTANT INVOICE 33 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project Contract Type Project Specific (RFQ No. 19-20-031) Consultant EXP U.S. Services Inc. Consultant Office Location 201 Alhambra Circle Suite 800 Coral Gables, Florida 33134 City Authorization Section 18-87, City of Miami Code Agreement Number 19-20-031 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 20 September day of in the year 2021 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and EXP U.S. Services Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 19-20-031 on July 15, 2020 for the provision of Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: 4 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. 1.08 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.09 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. 1.10 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. 1.11 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). 1.12 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 the Office of Capital Improvements or their authorized designee. 1.13 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. 1.14 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant which must be corrected in order for the project to function or be built as intended. 1.15 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. 1.16 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 conditions precedent have been met and/or directing that the Consultant may begin work on the Project. 1.17 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. 5 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 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. 1.19 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. 1.20 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.21 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. 1.22 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. 1.23 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. 1.24 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. 1.25 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. 1.26 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. 1.27 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.28 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. 1.29 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. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 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. 6 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS — NOT APPLICABLE Prospective Firms must (shall) adhere to the following requirements: 1) A.,sign a minimum of fifteen perccnt (15%) of thc contract value to firms currently ccrtificd by Miami Dade County as a Small Busincss Enterprise ("SBE"), formerly referred to aJ Community Business Entcrprisc ("CBE'), in good standing; 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami Dade County, Internal Services Department website at http://www.miamidadc.govIsmallbusinc,,s/ccrtification programs.asp. Failure to adhere to these requirements will cause thc firm to be disqualified as nonresponsive or at a subsequent time cause thc 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 $4,332,053.41 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. Said fee is comprised of a not -to -exceed amount of $501,268.96 for Phase 1, a not - to -exceed amount of $3,441,622.23 for Phase 2, a not -to -exceed amount of $45,000 for Reimbursable Expenses, and a not -to -exceed amount of $344,162.22 for Owner's Contingency Allowance, on a phased basis. Additional funding may be required to proceed with the Concept chosen by the City upon completion of Phase 1. 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 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. 7 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 is 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 Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The 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 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 is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with 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 designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications or other Services. ARTICLE 4 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 8 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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. If Consultant is given notice of default and does not cure such default in accordance with section 5.03 of this Agreement, the City, in addition to all remedies available to it by law, may immediately, without further notice to the Consultant, terminate this Agreement whereupon no further amounts shall be payable to Consultant all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within 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. 9 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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 be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies (Deliverables), 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 from 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 10 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 for the current Project. 7.04 NONDISCLOSURE 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. 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 OFFICE OF CAPITAL IMPROVEMENTS ("OCI") 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 11 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly , preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. 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. 12 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 in accordance to Insurance Exhibit C contained herein. 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 equivalence. 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 $1,000,000.00 per claim, $1,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (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 Workers Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from the City accompanied by justification. 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. 13 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 14 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Annie Perez, CPPO Director Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez@miamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: HBadia@miamigov.com Phone: 305-416-1236 For EXP U.S. Services Inc.: Kyle Henry Vice President EXP U.S. Services Inc. 201 Alhambra Circle Suite 800 Coral Gables, Florida 33134 Email: Kyle.Henry@exp.com Phone: 561-329-9263 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. 15 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, 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, 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 nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, the Consultant shall take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP 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. 16 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law 17 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 18 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 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: EXP U.S. Services Inc., a Foreign Profit Corporation Signature Print Name, Title ATTEST: nsultant Secretary (Affirm Consultant Seal, if available) ATTEST: —DocuSigned by: Todd B. Hanno -E46D7560DCF1459... ---- Todd B. Hannon, City CI Signatu► Kyle Henry, Vice President Print Name, Title (Corporate Seal) CITY OF MIAMI, a municipal corporation of the DocuSigned by6tate of Florida �DocuSigned by: gr u,ur I orit,�a �850CF6C372DD42 Arthur NonegaAV, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: �DocuSigned by: � 273951'63_1 8214E7. Ann Marie Sharpe, Director Risk Management Department APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSigned by: a—DS es4Fo2q58-1eB4C6... Victoria Mendez, City Attorney 9/7/21 (Matter 21-109) 19 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a mooting of the Board of Directors of EXP U.S. Services Inc. , a corporation organized and existing under the laws of the State of Delaware, on the 10th day of June , a resolution was duly passed and adopted authorizing Name ned (Name) Henry as (Title) Vice President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of June Secretary: Print: Hae-Jin (Priscilla) Ahn CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of held on the day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this __, day of , 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip 20 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Signed: Print: NOTARIZATION STATE OF aCorlA.TA SS: COUNTY OF The foregoing instrument was E acknowledged before me this ICE" day of , 20,-1 , by I-iAr'_- .is�/ N (v Sc..T l [A 1 A HIAi, who is personally known to me or who has produced as identification and who (i ; / did not) take an oath. SIGNATURE OF NOTARY PUBLIC' STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC SAtf-;0°kNRY '4/,,,,COnBiBn,G`u����. 21 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall provide Architectural and Engineering Services for the 1-395 Pedestrian Baywalk and Bikeway Bridge Project located underneath the 1-395 MacArthur Causeway, between Maurice A. Ferre Park (1103 Biscayne Blvd., Miami, FL 33131) in the south, to the property owned by Resorts World Miami LLC/tenting (1 Herald Plaza, Miami, FL 33131) in the north. The Consultant will be tasked with designing an approximately 20-foot wide, over -the -water pedestrian and bicycle (ped/bike) bridge underneath the causeway that will connect the two sites. The approximate run length is 500 feet. A1.01 SCOPE OF SERVICES A1.01-1 The Consultant agrees to provide comprehensive Professional Services in accordance with all applicable laws, building and environmental regulations, including the Florida Building Code and the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in a Work Order. Consultant may be required to perform all or some of the services described in this Agreement, depending on the needs of the City for the Project. The Scope of Services shall include, but are not limited to, complete planning and design services, programming, surveying, geotechnical, feasibility studies, options, evaluations, public meetings, irrigation, lighting, electrical, mechanical, plumbing, landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of probable construction cost, permitting, preparation of bid and construction documents, review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction contract administration, as -built documentation, and other related architectural and engineering services as needed to complete the Project. Consultant shall provide comprehensive architectural and engineering services for the Project for which Consultant was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA). A more detailed version of scope of work is included in Exhibit A., "Consultant Work Order Proposal". A1.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. Upon approval, OCI 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 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 architectural and 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 22 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 61G15-18 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 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 Schematic Design Design Development 50% Construction Documents 100% Construction Documents Dry— Run Permitting Bidding and Award of Construction Contract Construction Contract Administration 180 days 60 days 90 days 60 days 60 days 60 days 60 days 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: 23 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between 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 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, 24 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish 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. 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 pursuant to Article A2.02, Schematic Design. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys and reports described in Articles A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Inform Studio Architecture Cummins Cederburg Marine Engineering, Environmental Consulting Langan Engineering Survey, Geotechnical Engineering ArquitectonicaGEO Landscape Architecture Janus Research Cultural Resources Assessment Hazen & Sawyer Civil Pedelta Structural SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION John Flint (EXP) Principal Byron Danley (EXP) Senior Project Manager Tom Hoepf (EXP) Technical Expert — Architecture Jose Clavell (EXP) Technical Expert — PD&E Aram Ebben (EXP) Sr. Engineer - Lighting Jeanette Lazo (EXP) Technical Expert— Public Involvement Michael Guthrie (Inform Studio) Lead Architect Jason Cummins (CC) Sr. Engineer Danielle Irwin (CC) Project Engineer Michelle Cintron (ArqGeo) Landscape Architect Margarita Blanco (ArqGeo) Landscape Architect Christopher Kish (H&S) Civil Engineer Rose Jesse (H&S) Certified Cost Estimator Corey Lavigne (Inform Studio) Lead Designer Ken Hardin (Janus) Cultural Resource Lead Carmine Borea (EXP) Structural Engineer Eugene Collings-Bonfil (EXP) Municipal Engineer REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 26 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. 27 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by 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 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 shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 CONDITIONS FOR USE Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man- hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. 28 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www.miamigov.com/Government/Departments-Organizations/Office-of- Capital-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) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. 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 on the OCI website at https://www.miamigov.com/Government/Departments-Organizations/Office- of-Capital-Improvements. Failure to submit 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. 29 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. ARTICLE B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01-1 Transportation: Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01-2 Travel and Per Diem: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01-3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants. B5.01-4 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01-5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. 30 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 31 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal* $223.15* Senior Project Manager $72.90 $211.41 $174.96 Technical Expert $68.86 $199.72 $165.26 Senior Engineer $68.75 $199.38 $165.00 Project Engineer $51.25 $148.63 $123.00 Senior GIS Specialist $44.14 $128.01 $105.94 Engineer $40.35 $117.02 $96.84 CAD Designer $38.75 $112.38 $93.00 Project Administrator $32.07 $93.00 (*) Flat rate, no multipliers applied. 32 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF MIAMI OFFICE OFFICE OF CAPITAL IMPROVEMENTS (OCI) CONSULTANT STANDARD INVOICE - _ `" T To: ATTN: From: NOTE: City of Miami Office of Capital Improvements (OCI) 444 SW 2nd Avenue - 8th Floor Miami, FL 33130 Invoice Number: Invoice Date: Page: Invoice Period: Contract No.: Contract Title: Project No.: Project Name: Purchase Order No.: Work Order No: Month 00, 0000 From: — Month 00, 0000 To: I Month 00, 0000 Invoices received past 2:00 PM will be stamped with the Next Business Date Prepare invoices property to avoid payment delay. Each invoice must be signed by a Principal of the firm as designated. Attach appropriate back-up documents to each invoice. Submit two (2) signed originals. SERVICE CONTRACT AMOUNT %COMPLETE TOTAL EARNED PREVIOUSLY INVOICED CURRENT INVOICE AMOUNT TO DATE Schematic Design Development 30% Construction 60% Construction 90% Construction Design (SD) _ (DD) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - _ $ - $ - $ - $ - . $ - $ - $ - $ - $ - $ - Documents130% CD) -$ - Documents (60% CD) Documents 90% CD) $ - $ $ - $ - 100% Construction Dry Run Permitting Bidding or Construction Documents-(100% co) $ - $ - Negotiation Phase $ - $ - . $ - $ - Administration (CA) $ - _ S - $ - S - $ - $ - $ - $ $ - $ - $ - $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - - $ $ - $ - Reimbursable 1. (Tine) $ - _$ $ - $ $ - $ - $ Expenses $ - $ - S - $ - $ - $ - 2. (Title) $ - $ - $ - 3. (Title) Additional $ - $ - $ - $ - $ - $ - $ - $ - $ - $ _ $ - $ - $ — - $ - Services $ - 1. (Title) 2. (Title) $ - $ - 3. (Title) $ - $ - $ $ TOTAL: Prior to this Invoice Remaining Contract Balance: $ - $ - $ - $ - Subtotal: Deductions: Total Due :I S - $ - $ - TO BE COMPLETED BY CONSULTANT FIRM CERTIFIED TRUE AND CORRECT BY: SUPPORTING DOCUMENTS CHECKLIST: Activation Letter of Phase being Invoiced: Supporting Documents for Invoice: Construction Status Report: Final Payment Documents: Addeional Service Authorizations: (Signature of Pnnopa0 (Type Name and Title of Principal) CITY OF MIAMI APPROVAL: AREA TO BE COMPLETED BY CITY OF MIAMI DATE SIGNATURE Date Received CIP: PROJECT MANAGER CHIEF PROJECT MANAGER Jorge L. Mora Date Received for Payment Processing (Budget Department): ASSISTANT DIRECTOR Angel R. Carrasquillo, PE DIRECTOR 33 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 (gag of 4*liami CONSULTANT WORK ORDER PROPOSAL Date: May 18, 2021 Dear Mr. Hansen: EXP US Services, Inc., in association with our team members, proposes to provide the services identified below for the project entitled "Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project," pursuant to its Professional Service Agreement with the City of Miami for engineering services. 1. GENERAL Along Biscayne Bay in Downtown Miami, the 5-mile shared -use waterfront path known as the Baywalk is 88% complete. Currently the largest publicly owned barrier preventing the Baywalk from being fully complete runs from Maurice A. Ferre Park in the south, under the MacArthur Causeway Bridge to the former Herald Plaza site in the north. This 500-foot section forces pedestrians and bicyclists to circumnavigate the site and effectively closes off the Baywalk. The Baywalk will not realize its full potential as the spine of Downtown Miami, the open space amenity that connects three distinct neighborhoods, and the conduit that allows waterfront access to all residents/visitors, until this barrier is eliminated. This project aims to complete the connection, creating an iconic connection to the Baywalk, as it passes under the MacArthur Causeway. The description as "iconic" is defined as widely known and acknowledged especially for distinctive excellence and as such, the project should capture national/international attention and achieve notoriety and distinctions for design excellence. The proposed Project study area begins 500 feet south of the I-395 MacArthur Causeway in Maurice A. Ferre Park (1103 Biscayne Blvd. Miami, FL 33131), extending north within Maurice A. Ferre Park, traversing under the 1-395 MacArthur Causeway; continuing north along the property owned by Resorts World Miami LLC/Genting (1 Herald Plaza, Miami, FL 33131), to the southerly ROW line of the Venetian Causeway. The City owns the submerged lands in Biscayne Bay to the east in front of both the Park and Genting properties, and the Florida Department of Transportation (FDOT) owns the submerged lands underneath the causeway and 100 feet north and south of it. In May 2019, FDOT granted the City a lease agreement to build and maintain the pedestrian and bicycle bridge underneath the causeway. Per the RFQ No. 19-20-031, the design will be conducted in two phases. In the first phase (Phase 1), the Consultant shall prepare and provide a Feasibility Study that will develop 3 Concepts for an approximately 20-foot wide, over -the -water pedestrian and bicycle (ped/bike) bridge passing underneath the MacArthur Causeway that will connect the existing Baywalk within Maurice A. Ferre Park and the future Baywalk on the Genting property. The approximate centerline length of the new DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 ped/bike bridge is anticipated to be about 500 feet. In conjunction with the development of the 3 concepts, the Feasibility Study will also investigate enhanced usage of the waterfront via kayak launches, water taxis, mooring docks, and other connections to the maritime community. The City of Miami prefers that the Concepts create a destination and a sense of place for the public to enjoy in addition to simply traversing the FDOT right of way. It is understood that the iconic solutions may exceed current funding availability. It is also assumed that the Consultant shall, as part of the Phase 1 Scope of Services, provide the City with some initial analyses of potential funding sources, public and private, to supplement current budgets; and that these analyses will include addressing impacts on schedule Therefore, certain assumptions and tasks have been identified that provide sufficient data to clearly define and then evaluate the parameters of the concepts, including technical requirements, costs and schedule impacts. Negotiation meetings between the EXP Team and the City were held on March 4, April 7 and April 22, 2021. Much of the discussion at these meetings centered around the current and foreseeable budget constraints of the project, versus the real and perceived appetite in the City for a truly iconic destination. On April 22, 2021, the City and the EXP team agreed on a path forward that preserves the possibilities of enhanced and fully developed destinations, while respecting the possibility that only limited additional funding could become available. PHASE 1: Phase 1 will fully develop (as detailed below) three concepts for the Baywalk pedestrian bridge: 1) The Connector Concept is a pedestrian and bicycle (Multi -Use) bridge approximately 20-foot wide, over -the -water, passing underneath the MacArthur Causeway, connecting the existing Baywalk within Maurice A. Ferre Park northward to the future Baywalk on the Genting property. The approximate centerline length of the new ped/bike bridge is anticipated to be about 500 feet. The Connector Concept is a single continuous alignment on one level, that serves the purpose of filling the gap in the Baywalk at MacArthur Causeway. The concept envisions that the Connector is more than a basic bridge, incorporating modest enhancements in surface, railings, and other elements, while fulfilling all the structural marine and functional requirements of the shared use connector. The Connector Concept assumes the available project budget is equal to or slightly larger than the monies currently available, and it was agreed that this concept would be developed around a budget of $6.5 to $8.0 Million. 2) The Enhanced Connector/Destination Concept is envisioned to be the mid -range design level solution, developed around a budget of $13 Million. The Enhanced Connector/Destination Concept incorporates additional design features, creates nodes of place along the alignment and begins to develop a design vocabulary that builds on the enhancements of the Connector Concept. The Enhanced Connector/Destination Concept may also introduce design elements and features that are not included in the Connector Concept. Iconic features may be introduced into the destination themes of certain nodes along the bridge, and lighting and other features could be introduced as part of the design vocabulary. 3) The Iconic Destination Concept is envisioned the truly Iconic version of the Baywalk Pedestrian bridge. In this concept the iconic features and enhanced design vocabulary create one or more destinations along the path from the Maurice A. Ferre Park to the Baywalk on the Genting property. Destinations could be theme -based, or unique elements respecting but complimenting the surrounding design features. Enhancements are envisioned to be developed in a menu format allowing stakeholders and the public the opine on those that create the most 2 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 excitement and emotion in the environments of the Baywalk. The Iconic Destination Concept is to be built around a project budget of $18Million. PHASE 2: The City and EXP Team agreed during the negotiations on April 22, 2021 that Phase two would include a Not to Exceed (NTE) budgets to complete Phase 2 services for each of the three Concepts developed in Phase 1. Using the assumed design and complexities, the level of environmental processing, the detailed design and construction administration assumptions for each of the Concepts described above, the EXP Team developed NTE budgets for Phase 2 for each of the three design Concepts: 1) The Connector Concept Phase 2 fees for this concept would be developed around a budget of $6.5 to $8.0 Million. The bridge is assumed to span the footprint of the MacArthur Causeway, and that minimum below water construction is developed. The design assumes an Environmental Assessment Type 1 processing format, and minimal upland survey or geotechnical involvement. A fully developed Phase 2 proposal has been developed for this concept, following FDOT estimating protocols and spreadsheets, was submitted on April 16, 2021 to the City and is incorporated by reference. The Scope of services for Phase 2 for this concept is also detailed below. 2) The Enhanced Connector/Destination Concept is envisioned to be the mid -range design level solution, developed around a budget of $13 Million. The Enhanced Connector/Destination Concept incorporates additional design features, creates nodes of place along the alignment and begins to develop a design vocabulary that builds on the enhancements of the Connector Concept. The design assumes an Environmental Assessment Type 2 processing format, greater data collection and environmental scrutiny resulting in similar permits but requiring increased effort to secure. A fully developed Phase 2 proposal has been prepared for this concept; was submitted on March 1, 2021 to the City and is incorporated by reference. 3) The Iconic Destination Concept is envisioned the truly Iconic version of the Baywalk Pedestrian bridge. In this concept the iconic features and enhanced design vocabulary create one or more destinations along the path from the Maurice A. Ferre Park to the Baywalk on the Genting property. The design assumes an Environmental Assessment Type 2 processing format, greater data collection and environmental scrutiny, resulting in similar permits but requiring increased effort to secure. The Iconic Destination Concept is to be built around a project budget of $18 Million. Pricing for a Not to Exceed proposal is included herein. PHASE 1: FEASIBILITY STUDY AND DEVELOPMENT OF 3 CONCEPTS The proposed concepts for the ped/bike bridge will be sited over a portion of Biscayne Bay but will not impact any navigable waterway channels. Preliminary engineering will be conducted to assess engineering sufficiency of the developed concepts and facilitate a probable cost of construction. Access for inspection and maintenance of the MacArthur Causeway bridge and the proposed ped/bike bridge will be considered when developing the 3 concepts. The assumption is made that the MacArthur Causeway is inspected and maintained by FDOT and the proposed ped/bike bridge will be inspected and maintained by the City of Miami. The Feasibility Study will conclude with the selection and approval of one concept by the City of Miami, the Miami DDA and FDOT. This concept will become the "Build Alternative" in Phase 2 in accordance with the NEPA and FDOT PD&E procedures. 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 The Feasibility Study will consist of the following items: • Study Background and Purpose This section will provide the project background and purpose; and describe the need for the proj ect. • Study Area and Process This section will describe the limits of the study area, the process followed to achieve the objectives of the project, and the steps taken ultimately resulting in its completion and the completion of the Miami Baywalk. • Existing Conditions and Data Collection Inputs City will make available to Consultant all available data from previous studies in both electronic and hardcopy format (as available). Consultant will review this data and prepare maps and exhibits using the information. Data to be collected includes the following: • As -built drawings, previous survey notes • Existing field survey or mapping • Copies of project reports/plans for ongoing studies in the area, including (but not limited to): • Copies of pertinent correspondence • Past reports • Existing drainage information (reports, plans, atlases) and known flooding conditions • Existing right-of-way Plats and encroachments • Electronic aerial photography, contour maps (from Aerial survey) and GIS data (land use, etc.) as available • Underwater reports for the seawalls within the project limits • Existing utility information Published studies for the area will be reviewed including, but not limited to, the South Florida Regional Climate Change Compact's 2019 Compact Unified Sea Level Rise Projection, Miami -Dade County Flood Study, and recent Miami -Dade Back Bay Coastal Storm Risk Management Feasibility Study. Readily available preliminary information will be obtained to assess potential impacts to current aesthetics, natural resources, cultural resources, and sociocultural aspects resulting from the proposed concepts. Detailed investigations of these topics as well as noise, vibration, and air quality will not be conducted until the Design Phase and after the Environmental Class of Action (COA) has been determined. The project will have Section 4(f) property involvement with the Maurice Ferre Park. It is anticipated that the project will not have a detrimental effect on the Park and any required documentation in this regard will not be initiated until the Design Phase. Readily available information will be obtained to define ownership/easements of submerged lands to assess the feasibility of concepts. 4 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Utility atlases and available information will be reviewed to assess potential impacts from the proposed concepts and evaluate the elimination of any potential conflicts. Coordination with designated utilities will be conducted to identify sources of water and electricity for irrigation, lighting, and maintenance. Existing Security/surveillance devices (CCTV, emergency call boxes) will be noted and potential conflicts will be identified. Consultant will visit the site to confirm existing conditions and compare with historical records. Consultant will take project site photos and maintain a photo log. • Coordination with City Departments Consultant will coordinate with various City Departments such as Real Estate Asset Management (DREAM), Office of Capital Improvements (OCI), and Public Works to obtain input to design parameters. Upon approval by the City, coordination will also be initiated with Bayfront Park Management Trust who maintains and operates Maurice A. Fevre Park. • Coordination with FDOT related to I-395 MacArthur Causeway Bridge Consultant will coordinate with FDOT to identify design related issues, and FDOT access for inspections and maintenance. • Coordination with other Planning and Development Entities Consultant will coordinate design efforts with planning and development agencies such as the Smart Plan Beach Corridor Transit project, the Miami DDA, and the City of Miami Beach Transportation Master Plan. • Upland Survey No field survey will be conducted during the Feasibility Study Phase. Horizontal and vertical dimensions will be derived from as -built plans of the MacArthur Causeway and the PAMM property. • Bathymetric Survey Consultant will conduct bathymetric field surveying to provide seabed elevation data within the project area in the Biscayne Bay to support the analysis and design of the proposed marine works. Water depths will be collected along the seawall, overpass, and surrounding areas to support engineering design. The survey will be completed using automated hydrographic equipment consisting of a survey echo sounder (fathometer), DGPS or similar, and HYPACK software for logging data on board the survey vessel. Horizontal positioning will be obtained with commercial satellite DGPS service or similar to provide horizontal sub -meter accuracy, which is generally suitable for hydrographic mapping. The bathymetric data collected in the field will be compiled and reduced to the horizontal coordinate systems and vertical datum established for the Project. Contours reflecting bottom elevations at 1-foot intervals will be reflected. The bathymetric data will be collected in areas accessible by boat with varying spacing to obtain representative data. The general survey limits are bounded by the seawall to the west and a line initiating at 50 feet east of the seawall at the southerly ROW line of the Venetian Causeway extending to the 2nd bridge pier of the MacArthur Causeway, then under the Macarthur Causeway from the 2nd bridge pier to a point 50 feet east of the seawall and 500 feet south of the southerly ROW line of the MacArthur Causeway. The survey will be tied into a project datum by referencing discernable elevations on the as -built plans of the MacArthur Causeway bridge piers. 5 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 • Marine Reconnaissance Survey A reconnaissance -level qualitative marine resource survey will be conducted to identify potential seagrasses, corals, or any other marine resource of significance within the limits described for the bathymetric survey. The purpose of the survey will be to identify potential seagrasses, hardbottom and corals or any other marine resource of significance within the proposed Project boundaries, which could be directly or indirectly impacted and should be considered in the design of the Baywalk. The survey will be conducted by experienced marine biologists who will document the extent, species, and general density of corals, seagrass, sponges, macroalgae, and other important marine organisms observed within the survey area. Data (e.g., species, percent coverage, and location of any marine resources observed) will be collected on prepared underwater paper; GPS coordinates will be collected when important marine resources such as corals and seagrass are observed, and representative photographs will be taken. A field observation report will be prepared that summarizes the data collected and will include photographs and a base map of resources. As the Project site is located within Johnson's Seagrass (Halophila johnsonii) Critical Habitat, the National Marine Fisheries Service (NMFS) recommendations for sampling Halophila johnsonii will be followed. Following Owner selection of a concept, a permit -level quantitative marine resource survey conducted, during Phase 2, between June 1st and September 30th, will be required to accompany environmental permit applications. The scope for the permit -level survey is not included in this Feasibility Study. • Initial Geotechnical Investigation For the Feasibility Study Phase of the Project, the geotechnical investigation will be limited to research of existing available geotechnical reports for the MacArthur Causeway, the PAMM property, the Beach Corridor Trunk Line — Rapid Mass Transit Project, and the Genting property. These reports will be utilized to determine soil engineering properties for use in the preliminary design of the ped/bike bridge and any potential redesign/modifications to the existing seawall. Geotechnical Engineering analysis will provide recommendations for foundation systems, load capacities and foundation construction methods. The scope of a soil exploration program to be performed during the Design Phase of the Project will be developed after the selection of a Final Concept. This will allow soil borings to be taken at the proposed foundation locations of the Final Concept. • Three (3) Iconic Design Alternative Concepts Analysis Three design concepts will be developed for evaluation and consideration. The process will consist of an Input Phase and a Design Phase. The process is outlined as follows: INPUT PHASE Pre -Design Planning Consultant will plan and schedule activities related to the pre -design or Input Phase of the project that will take place during the initial 12 weeks. This process will be collaborative with the City of Miami; however, the Consultant will provide valuable 6 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 insights and an initial outline of activities for consideration of activities which will include: • Site analysis • Precedent study • Programming research • Stakeholder engagement planning • Community engagement planning Design Team Data Collection & Assimilation The primary focus will be a detailed site analysis from a design perspective and collaboration with the comprehensive team to understand all considerations and design implications prior to beginning concepting. The process will require research, documentation, analysis, and presentation to design team members, including a comprehensive SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis. Team Research Presentation Following the research, assimilation and analysis of all data pertaining to the project, discipline experts will participate in team charrettes and present their findings for the design team. Every effort will be made for presentations to be done in person. Team Site Visit Orchestrated experientials walk through with the design team to elaborate on critical findings and opportunities for the project. Goals of the site visit include a detailed personal knowledge and understanding of the site and preparing strategies for stakeholder engagement and community engagement process. Stakeholder Input Preparation Consultant will prepare presentation content and discussion topics for qualitative and useful input from each of the key stakeholders and groups. The intent is to provide the City of Miami relevant analysis for productive sessions. Stakeholder Input Meetings After first review of potential key stakeholders, Consultant will conduct three (3) independent stakeholder meetings to focus these sessions on information relevant to each representative group and to ensure open communication can occur without fear of competing agendas. The independent stakeholders' meetings will be conducted with the following: 1. FDOT 2. Phillip and Patricia Frost Museum of Science 3. Resorts World/Genting Cooperation of stakeholders to meet in a timely fashion will be essential to maintaining the 12-week scheduled duration of the Input Phase. Meetings with additional potential stakeholders exceed the scope of this proposal. Other potential stakeholders are: 1. City of Miami DREAM 2. City of Miami OCI 3. City of Miami Public Works 4. City of Miami Planning 5. Miami Downtown Development Authority (DDA) 6. Maurice A. Ferre Park/ Bayfront Park Management Trust 7 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 7. Perez Art Museum Miami (PAMM) 8. Downtown Neighborhood Association (DNA) 9. Biscayne Homeowners Association (BHA) 10. I-395 Advisory Board Community Input Workshop Preparation With an iconic public project of this magnitude, it is critical to organize a productive public input process. Consultant will create a single day event that is part educational workshop and part solicitation of public response. The workshop preparation is intended to organize key analysis and design criteria into +/-10 stations that address certain design topics or analysis items that will be relevant to the design process. Staffing of the workstations will be split between the Consultant key and City of Miami staff. Community Input Workshop The workshop event is intended to be a well -publicized public event with an organized process for participants. The event will take place at the project site with a well -placed welcome tent for pre -registered attendees of the public to check -in. Significant COVID protocols can be put in place to address social distancing and the proper wearing of masks. +/-10 stations will be strategically placed throughout the site and members of the public will proceed from station to station in a pre-set sequential path. Each station will be facilitated by 1-2 individuals of the various key disciplines charged with the content creation and City staff to provide insight into the educational content and assist in filling out the public input for each station. City Progress Review Meetings Consultant will conduct bi-weekly City/Design Team meetings to update progress on scope items and solicit input and approval of the process on a regular rhythm. Aggregate Input into Overview Presentation At the conclusion of the Input Phase of the project, Consultant will assemble all content into an overview presentation of all research, analysis, and public/stakeholder feedback. The document will be the summary of critical conclusions to influence the Concept Design Phase. Finalize Goals + Objectives As a collaborative effort, Consultant will facilitate synthesizing the final design goals and objectives for the design process with the team and present for City approval. The objectives will be prioritized and direct strategies for three unique concepts. The intent is that (3) concepts will capture the differing opinions generated in the Input Phase, but collectively they will need to meet the goals and objectives. CONCEPT DESIGN PHASE Initial Experience Concepting 8 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Consultant will lead a process of design exploration to capture the essence of the experiences of the project throughout the site. The process will be collaborative with and centered on the following: • Programming • Ecology • Art • Urban Interaction • Wayfinding • Multimodal • AV/Lighting • Interpretive Education • Living Shoreline and Landscape Architecture • Historic and Cultural resource desktop studies These experiences will be documented through diagramming, sketching and precedent referencing. Alignment Design and Conceptual Plans Somewhat parallel to the Experience Concepting will be the development of conceptual plans and overall alignment of the bridge. The intent is to allow the Experience Concepting to influence the planning and conversely allow opportunities that develop in the plan to influence the concepts. Formal Developments This scope of work focuses on the 3-dimensional development of each concept into iconic form. The morphological development will not be purely sequential following the steps but will proceed in parallel with the Experience Concepting and Planning. Models will be developed in Rhino and Revit as project development platforms. Parametric design considerations will be explored with Python, Grasshopper and Dynamo. Models will be collaborative across all design disciplines and will provide BIM information to accommodate estimating. Intermediate City Review At a midway point in the Concept Design Phase, Consultant will conduct a formal review of the three concepts under development for relevant feedback to finalize the concept designs. This meeting will be conducted in person with a full presentation of all (3) concepts and an organized discussion facilitated by Consultant. Multi -disciplinary Performance Check Following the City Review, Consultant will facilitate a design team performance check to clarify all City feedback for design disciplines to be aligned for the second half of the Concept Design Phase. This meeting will be in person and directly following the City review. Final Conceptual Design Development Based on all relevant feedback, Consultant will continue to finalize the overall concept designs and layer in associated details into the designs to increase the level of comprehension for each of the schemes. Uniqueness of elements will be a focus of this phase to differentiate the proposals appropriately from one another. 9 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Presentation Production A final presentation document will be created as a PDF to include a full description of the work summarizing the conceptual design scope. The document will include the following: • Research • Site Analysis • Documentation of Community Workshop • Summary of Goals + Objectives The document will be organized as follows: • Narrative of each design concept • Site plans • Enlarged Plan of key experience areas • Programming diagram • Ecology/Sustainability diagrams • Water Strategy • Lighting • Transit Diagram • Preliminary Cost Estimate • Design and constructability • Project Schedule and Timeline • Maintenance Cost • Axonometric view describing components + materials (1). Each perspective view will be a high caliber photorealistic rendering depicting each concept. These renderings will be generated through Rhino/Revit modeling software and taken into VizRender or Lumion for selected camera angles and base imagery. Final imagery including light, texture, landscape, entourage, and other elements will be edited in photoshop. Sample renderings are provided for quality: • Evaluation Matrix Summary An evaluation matrix will be developed to aid the City in assessing the 3 concepts. The parameters of the matrix will be: 1. Cost 2. Stakeholder preference 3. Maintenance Costs 4. Schedule Impacts from Permitting 5. Environmental Impacts • Recommended Alternative and Conclusions Stakeholder/Community Presentations Consultant will conduct formal stakeholder and community presentations as necessary to communicate the three design concepts. The full presentation would be an organized summary in three distinct parts: • Original research and site analysis • Stakeholder and Community Input • How the concepts interpreted the input in the contest of site appropriateness 10 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 • Resiliency and Material Evaluation Consultant will perform an engineering analysis to evaluate the effects of sea level rise, king tides, currents, and coastal storms (e.g., waves and surge) on the Project area. The projected water levels will be evaluated relative to impacts at the Project site and potential mitigation or adaption strategies to incorporate in the conceptual design. Consultant will adopt projections provided by the Miami -Dade County Office of Resiliency and/or the Unified Sea Level Rise Projections published by the Southeast Florida Regional Compact on Climate Change. Published tidal and recent king tide data will be adopted to provide water levels and extreme tide water levels. The exceedance probability and level of risk will be estimated for various tidal and sea level rise conditions. Consultant will review and adopt the storm surge elevations for various return period storms published by the Federal Emergency Management Agency (FEMA), as well as the more recent Back Bay Study conducted by the U.S. Army Corps of Engineers, to evaluate low frequency storm events and water levels over the service life of the proposed Project components. The following sources will also be consulted: • Resiliency Florida • Southeast Florida Climate Compact • Florida Reef Resilience Program • The Resiliency Coalition • East Central Florida Regional Planning Council • Permitting Requirements and Outline Consultant will perform regulatory due diligence to consider environmental permitting constraints, past permit history, ownership research, listed species, essential fish habitat, water quality, the Manatee Protection Plan, and other environmental documents. Consultant will prepare for, lead, and summarize three (3) preliminary consultation meetings with the regulatory agencies, specifically the United States Army Corps of Engineers (USACE), the Florida Department of Environmental Protection (FDEP), and the Miami -Dade County Division of Environmental Resources Management (DERM). An agenda and presentation will be prepared for each meeting to present the three (3) concepts. A Feasibility Letter Report will consolidate the results of the meetings and identify the following: • Anticipated challenges • Potential resource impacts and mitigation options • Points of contention that may arise during permitting • Comparison of the level of effort and timeline to permit each of the 3 concepts • Recommended path forward for the upcoming permit applications to FDEP, USACE, and DERM. • Determination of Environmental Class of Action for Build Alternative The use of Federal funds or assistance during any phase of the project development or implementation will necessitate compliance with the National Environmental Protection Act (NEPA). Additionally, consultation with Federal permitting agencies may also necessitate NEPA compliance depending upon potential impacts. Consultant will meet with involved 11 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Federal agencies to present the 3 concepts and determine if NEPA processing will be required. If NEPA processing is required, the required Class of Action (COA) will be determined. • Design Criteria Development Consultant will develop and document the design criteria to be utilized for the following disciplines: • Coastal Design • Structural design • Geotechnical design • Pavement design • Vertical and horizontal clearances • Vertical and horizontal geometrics • ADA compliance • Drainage design • Lighting design (Illumination and aesthetic lighting) • Structures Consultant will evaluate available geotechnical data and prepare preliminary structural designs of bridge concepts to prove structural adequacy. Preliminary designs of new or modified seawall concepts will be evaluated for structural and marine adequacy. Concepts and design criteria will be developed to satisfy the Florida Building Code Miami -Dade County "High Velocity Hurricane Zone" provisions requiring structures to withstand wind forces resulting from design wind speeds (146 Mph) and storm wave energy. Preliminary designs will include sufficient detail to facilitate estimating of probable construction cost. • Bike and Pedestrian Traffic Counts The continuity of the Baywalk resulting from the proposed link of the properties north and south of the MacArthur Causeway will eliminate numerous pedestrian/bike/vehicle conflicts that currently exist when pedestrians and cyclists detour around I-395. Current and projected pedestrian/bike traffic counts for the new link will be obtained from existing sources but no further study or analysis of these conflicts are included in the scope of services. • Baywalk Geometric Analysis Geometric analysis will consist of a preliminary design of horizontal alignment and vertical profile of the proposed bikeway. The Consultant will prepare preliminary plan and profile sheets showing existing and proposed horizontal and vertical geometry at a scale of 1" = 50'. A bikeway typical section will be developed for segments on embankment and on bridge structure. Sidewalk and ADA ramps will also be evaluated. Pedestrian and bicyclist access between the Baywalk and the existing Metromover station will be evaluated. • Drainage Consultant will evaluate existing drainage patterns and identify existing outfalls. Concepts will be evaluated for impacts to existing drainage patterns and Consultant will assess methods to provide adequate drainage for proposed designs. • Landscape Architecture/Resilience+Connectivity+Activation Consultant will perform physical and qualitative analysis to determine opportunities and project feasibility. Intangible factors such as cultural heritage, population demographics, local 12 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 history and traditions will also play an integral role during the feasibility/concept design phase. Experience and knowledge of the site and adjacent projects (PAMM, Frost Science Museum, Miami Herald/Resort World and the Baywalk) will influence the analysis. The design team will visit the site and its surroundings to document physical features and analyze potential opportunities with a focus of the following elements: • Boundaries, access, and views • Topography, slope, and drainage • Vegetation cover and characteristics • Environmental and geological features • Wind, temperature, rainfall, and humidity • Zoning, land use and permitting issues • Adjacent land use relationships and context The analysis will provide an understanding of the physical site and will help identify specific areas of opportunities and constraints as well as identify potential programming elements, design elements, and resiliency elements. The data acquired during site analysis will provide the basis for the development of the 3 concept options. The three (3) concepts generated will establish a vision for the bridge and location of design elements. Elements considered may include Baywalk improvements (seating, lookouts, shade canopies, trash receptacles and planting), support for collateral activities (fishing, kayaking, water taxi, pleasure craft mooring), and seascape and living shoreline (vertical native oyster beds, bird rookery, living shoreline, floating planters). • Signage Existing signage within the Study limits will be surveyed and documented. A conceptual plan of proposed signage will be prepared in conjunction with the wayfinding described in the Landscape section. • Lighting An assessment of existing lighting will include a site visit and data collection to determine existing lighting facilities within the Study limits. Coordination with each agency having jurisdiction over the lighting will be performed. A conceptual lighting plan will be developed for the ped/bike bridge and any new segments of the Baywalk that provides continuity with the existing lighting. • Funding Support Assistance will be provided to the City to help their grants staff with drafting text and reviewing application requirements for funding opportunities. Coordination on grant funding applications, identification of available grants applicable to the Project, notifying the City of upcoming grant application deadlines, and supporting grant applications will be provided. The City's grants staff would be responsible for preparation and submittal of the grant application and sharing information about any grants that have been applied for and/or awarded that may be used as leveraging for other grants, may affect permitting timeline goals, and may preclude the ability to apply for additional grants. 13 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 • Project Schedule A detailed schedule will be developed for the Phase 1 Feasibility Study and Development of 3 Concepts. The schedule will extend forward with approximate timelines for Phase 2 milestones and completion of the Project. • Opinion of Probable Cost Quantities and unit prices will be developed to facilitate cost comparisons of various components. The initial opinions of probable cost of proposed Concepts will occur at the midpoint in the Concept Design Phase. Costs will be updated, and contingencies adjusted as the Concept designs progress. • Administration and Management Technical management and coordination of the project will be performed using various management tools and production of related administrative reports to be used for tracking, invoicing, and management of subconsultants. • Quality Assurance/Quality Control Quality Assurance and Quality Control will be performed by Consultant and its subconsultants to provide a work product that meets the Standard of Care of the Industry. PHASE 2: SCHEMATIC DESIGN (10%) AND ENVIRONMENTAL PROCESSION (PD&E); DESIGN DEVELOPMENT (40%), CONSTRUCTION DOCUMENTS (90 AND 100%); BID & AWARD, AND CONSTRUCTION PHASE ADMINISTRATION The scope of professional services required for the Design Phase (Schematic Design and Environmental (PD&E), Design Development (40%), Construction Documents (90 and 100 percent), Bid &Award, and construction phase services) of the selected concept is based on the Concepts developed and the selected Build Alternative. The scope of services provided herein assumes a Categorical Exclusion, Type 1 NEPA determination for Concept 1- the Connector Concept. The preparation of a Categorical Exclusion Type 2, Environmental Assessment, or an Environmental Impact Statement, is assumed in the event the selected Build Alternative Is Concept 2 - Enhanced Connector/Destination or Concept 3 — Iconic Destination Concept. The Phase 2 Scope of Services for these two Concepts is included as a separate Attachment. In Phase 2, the Consultant shall provide full design and permitting services for the development of the selected alternative as described herein. • Upland Survey Upland topographic survey and base mapping will utilize the North American Vertical Datum of 1988 (NAVD 88) with current adjustment. Consultant will research, recover, and confirm existing available horizontal and vertical control. Upland survey limits will be defined as follows: Northern Limit (200 feet north of north ROW line of I-395), Southern Limit (200 feet south of south ROW line of I-395), Eastern limit (waterline), Western limit (50 feet west of waterline on Genting property, 100 feet west of waterline elsewhere). 14 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Low beam elevations on the MacArthur Causeway bridge from the west abutment to the 2nd pier will be obtained. LIDAR will be utilized to survey bottom of beam surfaces on the underside of the I-395 bridge from the abutment to the first pier located within Biscayne Bay. LIDAR will also be utilized to survey the bottom of beam surfaces on the fascia beams only from the first pier to the second pier located within Biscayne Bay due to limited line of sight from the shoreline. Within these limits, the following survey tasks will be performed: • Horizontal Project Control (HPC) HPC will be undertaken for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the City. • Vertical Project Control (VPC) VPC will be undertaken for the purpose of establishing vertical control on the datum approved by the City (NAVD88). • Right -of -Way Survey: Property corner monuments where visible, and any apparent boundary evidence within the survey limits will be surveyed and documented. No other detailed rightof-way survey is included in scope of services. • Topography/Digital Terrain Model (DTM) (3D) All above ground features and improvements within the survey limits will be located by collecting the required data for the purpose of creating a DTM with sufficient density. Hard and soft locations will be surveyed from top of sea wall westerly to limits (50' west of seawall north of 1395 and 100' west of seawall south of 1395) within overall project limits noted above. All above ground features and improvements will be surveyed including existing sidewalk corners and ADA ramps, and the corners of the first, second and third bridge piers within Biscayne Bay taken near waterline. Drainage and utility structures will be surveyed and opened for identification. Invert and sump elevations will be measured for drainage structures. Identification of combined sewers vs storm sewers will be based on visual inspection and record plan information. • Geotechnical Support Locations of soil exploration borings will be surveyed for 2 land -based borings and zero in -water borings. Borings will be located in 3-dimensions (X, Y, Z) at boring sites established by geotechnical engineer. • Document Research Research of documentation to support field and office efforts involving surveying and mapping will be provided. • Bathymetric Survey Bathymetric Survey scope is detailed in Phase 1. No additional bathymetric survey will be performed in Phase 2. • Coastal Design Criteria a. Current Measurements: Current velocities and tidal variations will be measured at the Project site during both ebb and flood flow conditions. A dive team will mobilize and deploy one (1) Acoustic Doppler Current Profiler (ADCP) on the seabed for up to five (5) days of measurements. Upon completion of the measurements, the dive team will 15 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 remobilize to collect the ADCP unit. The measurement data will be downloaded from the unit and processed for subsequent engineering use. The water surface elevations and current measurements will provide an understanding of the magnitude of flow at the location of the proposed bridge structure, as well as be utilized for calibration of the hydrodynamic model. b. Hydrodynamic Model Development & Calibration: Develop a detailed model domain utilizing the bathymetric survey data collected under Phase 1, along with available nautical charts, ancillary survey data and land boundaries. Numerical model simulations will then be performed of the tidal hydrodynamics in the Project vicinity to analyze the flow characteristics. The state-of-the-art MIKE21 HD FM numerical model will be utilized. The model is based on an unstructured flexible mesh, which accommodates the detailed modeling of channels in varying sizes and configurations. The model will be calibrated to the period of tide and current measurements performed under paragraph (a). c. Modelling of Tidal and Storm Hydrodynamics: The calibrated numerical model will be utilized to simulate alternate tidal conditions (i.e., normal) experienced throughout the year outside the period of measurement collection and calibration, as well as extreme events with rapid increases in water levels (i.e., storm surge). The bridge design life and return period storm event will be determined amongst the Project team for simulation in the numerical model. Depending on the proposed design for the Project, the foundation elements may be included in the numerical model as warranted. The tide and stoiin induced flow dynamics at the location of the proposed structure will ultimately be utilized determine hydraulic loads and scour potential during both normal and extreme conditions. d. Modeling of Wave Propagation: Utilize the state-of-the-art DHI MIKE 3 Wave Model FM numerical wave model, or similar, to conduct an analysis of the wave propagation and overtopping occurring at the Project. The MIKE 3 Wave Model FM is a phase -resolving wave model based on the 3-dimensional Navier-Stokes equations that is capable of simulating wave processes from deep water to nearshore. The model is capable of handling non -linear wave transformation, wave breaking and run-up, coastal flooding, and the wave overtopping of marine structures. e. Wave and Hydrodynamic Loading: Utilize the wave modeling results to determine the wave loading on the proposed bridge components (up to 2 locations/configurations). The wave loads will be dependent on the specific local site conditions, thus specific higherorder wave computations will be performed to increase accuracy of wave loading estimates. Horizontal loads on vertical bridge structure elements as well as vertical uplift (wave slamming) and plunging forces on the bridge deck will be evaluated for extreme conditions based on the proposed bridge configuration. The influence of water level and wavelength will be assessed. The bridge design illustrating geometry, elevations and dimensions will be coordinated amongst the design team for use in the load calculations. f. Scour: The hydrodynamic and wave modeling results along with the proposed marine structure design will be evaluated to determine potential sediment transport characteristics in the structure vicinity. A scour analysis will be performed for the proposed bridge foundations, based on pier geometry, peak flow rates and local geotechnical conditions. The scour analysis will generally follow the Florida Department of Transportation (FDOT) 16 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 and Federal Highway Administration (FHWA) guidelines. Apart from the structural design conditions, areas of potential localized erosion and deposition occurring during and after construction will be evaluated as it relates to direct and indirect impacts to marine resources adjacent to the proposed structures. g. Coastal Design Report: The detailed coastal engineering analyses described above will be summarized in an engineering report. The Report will include figures illustrating the results of the measurements, numerical modeling, analyses, and recommended design conditions to be utilized in the design of the bridge structure. • Updated Marine Resources Survey Based on the results of the recon survey performed during Phase 1, and the proposed Project footprint, Consultant will conduct an updated detailed benthic marine resource survey focused within and immediately adjacent to the boardwalk footprint during the federally recognized seagrass growing season (June 1st — September 30th). The survey will be conducted by experienced marine biologists on SCUBA who will document the extent, species, and general density of corals, seagrass, sponges, macroalgae, and other important marine organisms observed within the survey area. Data (e.g., species, percent coverage, and location of any marine resources observed) will be collected on prepared underwater data sheets. As the Project site is located within Johnson's Seagrass (Halophila johnsonii) Critical Habitat, the National Marine Fisheries Service (NMFS) recommendations for sampling Halophila johnsonii will be followed. The data will be processed and presented in a Field Observation Report. A marine resource basemap will be created in GIS that illustrates the location and percent coverage of observed marine resources with data extrapolated as appropriate. The marine resource basemap and representative photographs will be discussed and presented in the Field Observation Report. The survey will be used to evaluate anticipated impacts associated with the proposed Project and to calculate impacts and potential mitigation as needed. The updated survey will take two days in the field with a 4-person crew (3 divers and 1 boat captain) and will require equipment rental and expenses. • Geotechnical Investigation As described in Phase 1, the initial geotechnical investigation is limited to research of existing geotechnical reports for the MacArthur Causeway, the PAMM property, the Beach Corridor Trunk Line — Rapid Mass Transit Project (specific to the section traversing from downtown Miami to Watson Island), and the Genting property. The geotechnical investigation in Phase 2 will conduct two (2) land -based soil borings (one at each bridge abutment) to 130 ft. depth to supplement the research obtained in Phase 1. The proposed soil exploration plan is limited to land -based borings to eliminate costly overwater borings and work -barge related activities and costs. Therefore, the geotechnical scope of services will rely heavily on data from other nearby projects (for all overwater bridge pier and foundation locations). The City is advised that this presents a risk to the project as it is typical protocol to locate borings at proposed bridge pier locations and this may be required 17 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 as a future construction phase investigation and separate from the design phase and design contract. Borings will be drilled sufficiently into the lower limestone for evaluation of deep foundation alternatives. In addition to SPT sampling, 20 ft of rock coring will be conducted in each landbased boring location between the depths of 40 and 60 ft. The rock coring will be accomplished in an offset borehole at the targeted depths identified above. Three (3) undisturbed Shelby tube samples will be obtained if soft compressible materials are encountered in the upper 20 ft of the soil profile. Undisturbed sampling will be beneficial to develop parameters for design of modifications of the existing seawall, if required as part of this project. Rock coring is necessary for determining engineering parameters for design of drilled foundation elements and to conduct refined analysis per FDOT requirements specific to bearing of driven deep foundation elements underlain by weaker subsurface materials. Borings will be grouted upon completion and will be patched at the surface to match existing materials (concrete, asphalt). Select soil and rock samples collected during the field investigation will be returned to the laboratory for specialty testing. The final lab testing program will be determined based on the conditions encountered and the desired foundation type. The Sunshine State One Call (811) notification will be contacted prior to the start of the drilling. A private utility locate will also be performed for the land -based borings prior to the drilling being performed. Coordination with the Perez Art Museum Miami (PAMM) and Genting Property will be required to access the boring locations. Assistance will be provided by the City in contacting the property owners and coordinating this effort. Following completion of the final field investigation and lab testing, a final geotechnical investigation report will be prepared with final design recommendations for support of the proposed structure, renovation of the existing seawall (if required), and various geotechnical related aspects of the proposed construction. Recommendations will be provided based on FDOT guidance and standards. • NEPA Processing The Phase 2 design is scoped to be processed as a Categorical Exclusion Type 1. The following language is excerpted from the FDOT PD&E Manual. For Type 1 CEs, coordination with appropriate resource agency personnel may need to take place (such as coordination on historic resources, wetlands, listed species) in order to verify the finding that there is no potential to significantly impact certain environmental resources. Coordination and documentation are also important because it may affect environmental permitting. Coordination with FDOT OEM may also be required in order to make findings under concurrent laws [such as the ESA and Section 4(f)] prior to finalizing the COA Determination. A public hearing is typically not required for Type 1 CEs unless the project is considered a major transportation improvement by Section 339.155(5)(b), F.S. In addition, if the District determines that a sensitive community issue exists on or near the proposed project, a Community Awareness Memorandum (CAM) may be prepared recommending appropriate public involvement activities. Documentation consists of an evaluation checklist prepared 18 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 after environmental analysis has been completed. This checklist is only prepared using FDOT SWEPT. This is typically completed at the end of the Plans, Specifications, and Estimates (PS&E) or 100% plans. The CE number/activity type from either 23 CFR § 771.117(c) or 23 CFR § 771.117(d) is selected at the beginning of the form. For projects that may fall under two or more actions, the CE designation that is most appropriate is designated. Documentation of analysis, coordination, and results are uploaded to SWEPT for the project file. This documentation should include the results of desktop and/or field review, agency consultation, and any supporting documents and/or technical reports required to substantiate the responses on the checklist. Some of the questions may require consultation with OEM prior to completion by the District. It is important to document that the project will not have significant impacts and that environmental issues have been addressed. Approval of the Type 1 Categorical Exclusion Checklist will be granted by the District Environmental Manager or designee using SWEPT. Once the final Type 1 Categorical Exclusion Checklist is completed in SWEPT, the District Environmental Office will complete and provide the date of the determination on the Status of Environmental Certification for Federal Project. This form is required as part of the contract documents for federal -aid construction projects and is used when submitting all projects, including LAP projects, for approval to the Federal Aid Office. LAP agencies cannot make COA Determinations or certify projects for advancement. LAP agencies do not have signature authority for environmental certifications; therefore, The Status of Environmental Certification for Federal Project should be signed by appropriate FDOT personnel as noted on the form. The NEPA Processing will consist of Public Involvement, Engineering Analysis & Reports, Environmental Analysis & Reports, and the preparation of the Environmental Document. a. Public Involvement Formal Public Involvement required for the NEPA documentation of a Categorical Exclusion Type 1 is not required. All Public Involvement activities are outside this scope of services. b. Engineering Analysis & Reports Engineering analyses conducted during Phase 1 for the Feasibility Study will be compiled to support the required documentation in the Environmental Report. c. Environmental Analysis & Reports 1) Sociocultural Effects Sociocultural effects of the proposed link will be evaluated and documented. Six major issues to be considered are: Social, Economic, Land Use Changes, Mobility, Aesthetic Effects, and Relocation Potential. 2) Cultural Resources A Cultural Resources Assessment Survey (CRAS) will be prepared to identify and document cultural resources (archaeological and historic) identified within the defined Area of Potential Effect (APE). Two previously recorded resources are noted 19 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 within the Project Area. They are the MacArthur Causeway, which is ineligible for National Register, and the Venetian Causeway. The overall Venetian Causeway, including the bridges, is eligible for the National Register. No historic parcels are located within 100 feet of the Study area and no known archaeological sites are located within 100 feet. Following the CRAS, effects will be evaluated if needed, as part of the Section 106 process, including agency consultation and coordination with the local municipalities. If a determination of effects on any historic or archaeological resources is found, any required reports, case studies or Memorandum of Agreements are not included in the scope of services. The project is adjacent to Section 4(f) property, Maurice Ferre Park. No 4(f) involvement is included in this scope of services beyond identifying the 4(f) property when preparing the Categorical Exclusion Type 1 Checklist Further documentation, analysis, or a Section 4(f) de minimis letter will require additional services. 3) Natural Resources A reconnaissance -level qualitative marine resource survey will be conducted to identify potential seagrasses, corals, or any other marine resource of significance within the limits described for the bathymetric survey. The purpose of the survey will be to identify potential seagrasses, hardbottom and corals or any other marine resource of significance within the proposed Project boundaries, which could be directly or indirectly impacted and should be considered in the design of the Baywalk. The survey will be conducted by experienced marine biologists who will document the extent, species, and general density of corals, seagrass, sponges, macroalgae, and other important marine organisms observed within the survey area. Data (e.g., species, percent coverage, and location of any marine resources observed) will be collected on prepared underwater paper; GPS coordinates will be collected when important marine resources such as corals and seagrass are observed, and representative photographs will be taken. A field observation report will be prepared that summarizes the data collected and will include photographs and a base map of resources. As the Project site is located within Johnson's Seagrass (Halophila johnsonii) Critical Habitat, the National Marine Fisheries Service (NMFS) recommendations for sampling Halophila johnsonii will be followed. Following Owner selection of a concept, a permit -level quantitative marine resource survey conducted between June 1st and September 30th, will be required to accompany environmental permit applications. The scope for the permit -level survey is not included in this Study and will be developed with the Scope of the Design Phase. No special waste is anticipated within the Study limits and a PESA is not included in the scope of services. Wetland impacts are not anticipated, and wetland mitigation is not included in the scope of services. Regulatory due diligence will be performed to consider environmental permitting constraints, past permit history, ownership research, listed species, essential fish 20 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 habitat, water quality, the Manatee Protection Plan, and other environmental documents. Three (3) preliminary consultation meetings with the regulatory agencies, specifically the United States Army Corps of Engineers (USACE), the Florida Department of Environmental Protection (FDEP), and the Miami- Dade County Division of Environmental Resources Management (DERM) are anticipated. These meetings will present the three (3) concepts under consideration for final selection. 4) Noise and Vibration No investigation or analysis of noise or vibrations is included in the scope of services. 5) Air Quality No investigation or analysis of air quality is included in the scope of services. 6) Cumulative Effects Evaluation The Categorical Exclusion Type 1 assumes no impacts to resources and therefore no cumulative effects evaluation is included in this scope of services. • Environmental Document The Project is anticipated to be processed as a Categorical Exclusion Type 1. A Type 1 Categorical Exclusion Checklist will be completed. Supporting information will be included consisting of planning consistency documentation and agency correspondence containing concurrence or findings. The documentation will be submitted to FDOT. • Right of Way The City has a lease agreement with FDOT for the use of submerged lands within the MacArthur Causeway Right -of -Way. No additional Right -of -Way is anticipated for the project. Coordination with FDOT will be initiated for review of project compliance with the lease agreement. Consultant will delineate areas required for easements across the Genting property for construction access and future maintenance access as required. Preparation or negotiation of any agreements required for access or maintenance exceed the scope of this agreement. • Environmental Permitting a. DERM Class I Coastal Construction Permit Application & Processing: Consultant will prepare and process a Miami -Dade County Division of Environmental Resources Management (DERM) Short Form or Standard Form Class I Coastal Construction Permit Application, requesting authorization of the proposed Project pursuant to Chapter 24 of the Miami -Dade County Code. It is anticipated that the Project may have to be approved by the Board of County Commissioners (BCC) and the Shoreline Development Review Committee (SDRC). Consultant will maintain contact with DERM staff to review plans and provide additional information as it relates to DERM Class 1 permit processing, BCC and SDRC. The City will provide signed application forms from the upland and submerged landowners, mitigation contributions, and application and permit fees in amounts to be determined based on the estimated 21 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 construction cost. Structural and Zoning approvals as required by DERM will be provided by the City. b. SWERP Individual Permit: Consultant will prepare and process a Statewide Environmental Resource Permit (SWERP) Application with the Florida Department of Environmental Protection (FDEP), requesting authorization of the proposed Project pursuant to Chapter 62-330, F.A.C. Consultant will maintain contact with FDEP to review plans and provide additional information. The City will provide Consultant with a signed application form and a processing fee (estimated at $420-$1500). This scope assumes that the Project will fall within submerged lands deeded to the City of Miami via TIITF Deed No. 19447 for municipal purposes and therefore proprietary authorization will not be required. c. USACE Application & Processing: Consultant will prepare and process a Department of the Army Application through the U.S. Army Corps of Engineers (USACE) requesting authorization of the proposed Project. Consultant will maintain contact with the USACE staff to review plans and provide additional information (e.g., Section 7 or JaxBO checklists). The City will provide Consultant with a signed application form. d. FDOT Coordination: The Project is occurring within the Florida Department of Transportation (FDOT) Right of Way (ROW); and therefore, it is anticipated that coordination and negotiations with FDOT will be required. Consultant will coordinate with the different FDOT departments for a letter of no objection for the proposed Project. e. Mitigation (if required): If marine resources are present and not able to be avoided, the preparation of mitigation calculations and development of a mitigation plan suitable to offset impacts to marine resources will require additional services. This process typically takes significant negotiation with the respective agencies and multiple iterations. It is anticipated that the Project permits will include, but will not be limited to, the specific permit conditions as follows: 1) turbidity shall not exceed 0 NTUs during construction; 2) the selected contractor shall adhere to the Standard Manatee Conditions for In -Water Work; and 3) Endangered Species Act compliance during construction. • Utility Coordination Utility coordination in Phase 2 is limited to sending final Construction Documents to utility agencies identified to have facilities within the project limits. Resolution of utility conflicts or coordination of relocation of utilities exceeds the scope of this proposal. • Schematic Design (10%) and Design Development (40%) The scope of services is based upon the design of the "vanilla bridge" described in the Feasibility Study section. The bridge is assumed to be utilitarian with minor aesthetic enhancements. The alignment of the bridge is assumed to spring from the existing seawall 22 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 south of the proposed Beach Corridor bridge structure and extend approximately 175 feet into the Biscayne Bay. The alignment will continue under the proposed Beach Corridor bridge and the existing I-395 bridges for a length approximating 200 feet. The alignment will then return back 175 feet to the existing seawall immediately north of the I-395 westbound bridge. Only minor civil work is anticipated to restore the areas disturbed by construction of the bridge end bents at the face of the existing seawall. Drainage work is limited to scuppers or inlets on the bridge structure that drain directly into Biscayne Bay. No aesthetic lighting, illumination, or landscaping are included in the scope of services. Formal submittal of design documents will be made at the Schematic Design and Design Development milestones for review by the City. Review comments will be resolved and reflected in the subsequent milestone submittal. The following items will be addressed in the submittals: a. Civil/Drainage/Utilities The Consultant will perform drainage analysis to determine size and spacing of scuppers or inlets to drain the bridge deck directly into Biscayne Bay. No piping of drain lines is included in the scope of services. No encroachment on the existing floodplain is anticipated and any required compensation analysis is beyond the scope of this proposal. The Consultant will prepare a Stormwater Pollution Prevention Plan and erosion control measures limited to the activities to construct the bridge end bents. b. ADA Accessibility The bridge profile will comply with all ADA requirements. No segments off the proposed bridge will be evaluated for ADA accessibility. c. Structural/Bridge: The Consultant shall prepare a Bridge Development Report (BDR) for the Schematic Design Submittal. This task includes evaluating various bridge concepts and estimating bridge limits, span lengths, vertical and horizontal clearance requirements, and bent locations. The proposed bridge structure will not encroach upon any navigation channels and ship impact will not be evaluated. Superstructure type, span lengths and arrangements will be evaluated for structural performance, environmental impact, initial cost, and future maintenance costs. It is assumed for this proposal that medium span concrete girders will be the selected superstructure alternative. Foundation and Substructure Alternatives will be evaluated for structural performance, initial cost, and future maintenance costs. It is assumed for this proposal that in -water foundations and abutments will consist of pile bents comprised of driven concrete piles with cast -in -place concrete caps. 23 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Deck System Alternatives such as concrete slab, wood decking, composite decking, open grating, and structural glass will be evaluated for structural performance, environmental impact, initial cost, and future maintenance costs. It is assumed for this proposal that concrete slab decking will be selected. Aesthetics of all structural elements will be evaluated in coordination with the overall architectural design. All structural elements will be evaluated for constructability requirements. The bridge structure will not be built utilizing staged construction and will not be evaluated accordingly. It is assumed that the proposed bridge deck elevation at the abutment south of the MacArthur Causeway will match the existing grade. No retaining walls are anticipated at the existing seawall. Modifications to the existing seawall to accommodate the proposed abutments and superstructure will be evaluated. Wingwall options will be evaluated for the abutment north of the MacArthur Causeway on the Genting property. It is anticipated that the bridge deck elevation at this abutment will be higher than the existing grade on the Genting property. Options will consider proposed configurations for the Baywalk along the Genting property being designed by others and a temporary transition to the Genting property if the Baywalk is not constructed in this area prior to this project. Major quantities of structural elements and their components will be estimated to facilitate an Opinion of Probable Cost. Unit prices will reflect the inclusion of miscellaneous items that are not quantified at the Schematic Design milestone. The BDR Report will summarize the selection of structural elements and depict the proposed bridge and structures layout with a General Plan & Elevation and deck cross -section. Exhibits will also be included to depict details unique to the proposed structure. An Opinion of Probable Cost based upon quantities and unit prices will be included. For the Design Development Submittal, the Consultant will further develop the structural design and submit a preliminary set of Construction Documents. All anticipated drawings for the Final CDs will be included in the submittal with an aggregate level of completion of 40%. Quantities, unit prices, and the Opinion of Probable Cost will be updated to reflect the further developed design. d. Marine Structural Engineering The marine structural components of the proposed bridge and adjacent bulkhead connection will be developed. The marine engineering design effort will be in concert with the architect(s), bridge designer and other Project team members. The design components will be based on the selected conceptual design developed by the Project team. The conceptual design will be further refined based on the results of the coastal engineering analyses, geotechnical investigations, and regulatory constraints. In addition, consideration will be given to construction access constraints, sequencing, and cost. 24 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Typical sections and details will be developed illustrating the proposed layout, elevations, and proposed materials. The structural components are anticipated to include reinforced concrete elements and other materials suitable for the marine environment, although innovative materials with increased resilience will be explored. Future adaptation considerations will be explored considering the design life of the bridge and changes in water levels. The projections provided by the Miami -Dade County Office of Resiliency and/or the Unified Sea Level Rise Projections published by the Southeast Florida Regional Compact on Climate Change will be utilized. The marine structure elements will be designed for the live loads associated with the proposed use wave/hydraulic/scour design conditions. Piling type and size will be developed based on the geotechnical data obtained from available sources in Phase 1. Both desktop methods and computer software will be utilized in the structural analysis of the proposed structures based on the load configurations. e. Architecture The primary working design model from the Feasibility Study will be furthered developed in coordination with the other design disciplines. A final schematic design will be prepared for presentation including the following: • Color Site Plan • Explanatory Diagrams (4 total) o Programming o Circulation o Contextual Views • Color Elevations • Color Sections • Rendered Perspectives A limited set of drawings will be prepared for the Schematic Design • Cover Sheet • Standard Bridge Notes • Longitudinal Section • Transverse Sections (Typical per condition) • Abutment Drawings • Architectural bridge plan • Enlarged Bridge Plans as required • East Elevations (full, north -south) • West Elevations (full, north -south) • Preliminary Railing Elevations Sustainable and local materials will be researched for use in the bridge design. The IBC (International Building Code) will be researched for code review and AASHTO will be researched for design requirements, loading requirements and safety requirements. f. Landscape Architecture: No landscaping is anticipated in the design phase. All landscape design exceeds the scope of services. g. Lighting 25 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 No lighting for illumination or aesthetics are anticipated in the design phase. All lighting design exceeds the scope of services. • Final Design (90% submittal and 100% submittal) Final design will entail preparation of 90%, and final signed and sealed 100% Construction Documents (CDs). The 90% submittal will reflect resolution of all comments received during review of the Design Development (40%) submittal. The 100% CDs submittal will reflect the resolution of all comments received during review of the 90% submittal. The 100% CDs will be signed and sealed and for use in procurement of the Project. The following items will be addressed in the submittals: a. Civil/Drainage/Utilities Final horizontal and vertical alignments will be established with proper ties for reestablishment in the field during construction. Plans and details for erosion control, construction access control, and temporary signing will also be prepared. b. ADA Accessibility Final Plans, sections, and details will be prepared to comply with all ADA accessibility requirements. c. Structural/Bridge: The Consultant shall perform structural analysis and detailing to facilitate preparation of plans for the Baywalk Pedestrian/Bikeway bridge addressing the following elements. 1) General Layout Design and Plans The overall bridge final geometry shall be established. The analysis of expansion/contraction shall be performed, and details developed to accommodate or resist the predicted movements. The information will be conveyed on the General Plan and Elevation drawing. Construction Staging will not be addressed as it is assumed the bridge will be constructed in one stage. With only occasional emergency or maintenance vehicle usage, the structure will not require approach slabs and therefore will not be addressed. Miscellaneous details depicting general aspects of the architectural and aesthetic design elements will be depicted. 2) South End Bent Design and Plans The end bent (abutment) geometry will be established. Wingwalls are not anticipated at the end bent south of the MacArthur Causeway as the proposed bridge deck will match the existing grade elevations. Modifications to the existing tieback seawall will be designed and detailed to accommodate the new end bent and the new superstructure. Structural analysis will be documented for all the end bent components. End bents will be depicted in Plan & Elevation with sufficient sections and details to depict all dimensions, reinforcing steel and miscellaneous details including sawcuts and modifications to the existing seawall. Concrete quantities, reinforcing steel quantities and other miscellaneous quantities will be tabulated. 3) North End Bent Design and Plans 26 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 The end bent (abutment) geometry will be established. Wingwalls are anticipated at the end bent north of the MacArthur Causeway as the proposed bridge deck will be higher than the existing grade elevations on the Genting property. Dependent upon the status of new construction of the Baywalk along the Genting property, the wingwalls will be designed for temporary earth retention until the Baywalk is completed or the wingwalls will be modified as required to interface with the new Baywalk. Structural analysis will be documented for all the end bent components. End bents and wingwalls will be depicted in Plan & Elevation with sufficient sections and details to depict all dimensions, reinforcing steel and miscellaneous details. Concrete quantities, reinforcing steel quantities and other miscellaneous quantities will be tabulated. 4) Intermediate Bent Design and Plans Like the end bents, the geometry of the intermediate bents (piers) will be established. Structural analysis will be documented for all the intermediate bents and their components. Intermediate bents will be depicted in Plan & Elevation with sufficient sections and details to depict all dimensions, reinforcing steel and miscellaneous details. Concrete quantities, reinforcing steel quantities and other miscellaneous quantities will be tabulated. The locations of intermediate bents may be influenced by the locations of marine resources and preclude the use of repetitive span lengths. Variable span lengths will result in variable loading conditions and will make each intermediate bent design unique. 5) Miscellaneous Substructure Design and Plans A foundation layout will be provided indicating the proposed location of all foundations tied to a project baseline. Number, location, and any required batter of piles will be depicted. Each foundation design may be unique due to the inability to utilize unform superstructure span lengths or where foundations must span or cantilever over environmentally sensitive areas. 6) Superstructure Deck Design and Plans The geometry of the superstructure deck design will be established. Structural analysis will document the structural performance of the deck and any required diaphragms. Structural analysis will also verify the anchorage of railings and all architectural treatments. A Plan drawing and sections will be provided depicting all dimensions. Details depicting anchorages of railings, aesthetic treatments, and drainage scuppers will be provided. Deck waterproofing is not anticipated and if required will require additional services. Deck drainage scuppers are anticipated to drain directly into Biscayne Bay. If chases are required to accommodate stormwater drainage piping or utility raceways, additional services will be required. Finish grade elevations will be provided to facilitate deck construction and finishing. Concrete quantities, reinforcing steel quantities and other miscellaneous quantities will be tabulated. 7) Simple Span Concrete Girder Design 27 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 For this proposal it assumed that simple span prestressed girders will be utilized. The geometry will be depicted on a Framing Plan including girder elevations. 8) Bearings Bearing pads and bearing plates will be design and detailed. d. Marine Structural Engineering Consultant will prepare 90%, and 100% final signed and sealed Construction Documents. Sections and details will be prepared illustrating the design components and proposed materials. Specifications and details for material characteristics along with reinforcement details will be developed for various components as part of the design process. The construction plans will be prepared in CAD format using industry standards for this type of construction. Signed and sealed calculations for the coastal and marine design components will be prepared for building permit processing as appropriate. It is anticipated technical specifications will be incorporated into the design drawings. e. Architecture: Final Architectural Plans will be prepared to supplement the structural Plans where additional architectural detail is required. The following list of drawings are anticipated for architectural plans: a. Standard Architectural Notes b. Code Summary c. General Architectural Plan(s) d. Elevations (north/south/east/west as required) e. Longitudinal Section(s) f. Transverse Sections (per condition as required) g. Enlarged Plans (as required) h. Enlarged Sections (as required) i. Enlarged Elevations/Details j. Plan Details k. Section Details 1. Pier/Abutment Elevations/Details (Architectural Treatment Only) m. Walkway Decking Plans/Details n. Railing Plans o. Railing Elevations/Details f. Landscape Architecture No landscaping is anticipated in the design phase. All landscape design exceeds the scope of services. g. Lighting No lighting for illumination or aesthetics are anticipated in the design phase. All lighting design exceeds the scope of services. h. Preparation of Submittals, resolution of 40% and 90% review comments All milestone submittals will be documented and distributed for review via electronic 28 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 distribution. Review comments from the City will be tabulated with responses and resolution of the comments. • Technical Specifications Construction Documents will be prepared utilizing the FDOT Standard Specifications. Special Provisions for non-standard items will be prepared in the format of the FDOT Standard Specifications. It is anticipated that several architectural items will require rewriting of specifications from MasterSpec for conversion to FDOT format. • Project Schedule The project schedule developed in Phase 1 will be further refined identifying Design submittals, review meetings, and Permit applications and approvals. The schedule will be maintained and updated on a regular basis. • Opinion of Probable Cost The Opinion of Probable Cost for the selected alternate will be updated as the design process progresses. Formal presentation of the Opinion of Probable Cost will be included at each milestone submittal. • Administration and Management As described in Phase 1, the administration and management of the project will carry forward into Phase 2. Technical management and coordination of the project will be performed using various management tools and production of related administrative reports to be used for tracking, invoicing, and management of subconsultants. Quality Assurance and Quality Control As described in Phase 1, the Quality Assurance and Quality Control of the project will carry forward into Phase 2. Quality Assurance and Quality Control will be performed by Consultant and its subconsultants to provide a work product that meets the Standard of Care of the Industry. BID & AWARD Consultant will assist the City during the procurement phase of the construction contract. Responses will be prepared to all Requests for Information (RFI). Issuance of addenda is not anticipated and will require additional services if addenda are due to changes made by the City. Consultant will review bid tabulations provided by the City to identify any anomalies in the unit prices and provide recommendations to the City regarding award. CONSTRUCTION ADMINISTRATION SUPPORT During construction Consultant will review structural beam, structural bearing, and bridge railing shop drawings. All other shop drawings and product submittals will be reviewed by the City's CEI Consultant. Consultant will provide responses to field generated RFIs. Site visits during construction and attendance at construction progress meetings will require additional services. II. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise Inform Studios Iconic Architecture and Ped Bridges 29 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Cummins Cederberg Environmental, Coastal Engineering and Resiliency ArqGeo Landscape Architecture Langan Engineering & Environmental Services Geotech, Survey and Mapping Janus Research Archaeologic and Historic PeDelta Structures Hazen & Sawyer Cost Estimating III. PHASE 1 & 2 - CONCEPT 1 SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below. (additional pages may be added as needed) SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative weeks, or calendar days) Phase 1 Concept Design — 3 Bridge Concepts 180 Cal Days NTP + 180 Phase 2 Schematic Design (10%) 60 NTP +240 Design Development (40%) 90 NTP +330 Construction Documents (90%) 60 NTP+390 Construction Documents (100%) 60 NTP + 450 Bid & Award 60 NTP + 510 Construction Administration 365 NTP + 875 * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. "Schedule to be reassessed in the event Concepts 2 or 3 are chosen V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total lump sum fee of dollars and cents ( ). 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 . Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Subtask, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Phase 1 1 Phase 1 — Concepts Development 501,268.96 Lump Sum Phase 2 Concept 1 - Connector 1 Phase 2 — Schematic Design / PD&E 144,757.30 Lump Sum 2 Phase 2 — Detailed Design 663,971.13 Lump Sum 3 Phase 2 — Bid & Award 8,286.75 Lump Sum 4 Phase 2 — Construction Administration 53,803.88 Lump Sum Subtotal Phase 2 — Concept 1 $ 870,819.06 Allowance for Reimbursable Expenses 24, 309.33 TOTAL 1,396,397.35 Lump Sum *Note: At the end of Phase I, the EXP team will 30 present to the Miami DDA DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 *Note: Compensation should match the Task, Activities, and/or Deliverables identified. Phase 2 compensation for concepts 2 & 3 replace Phase 2 compensation for concept 1 - Allowance Phase 2 Concept 2 — Enhanced Connector/Destination Task, Subtask, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Phase 2 Concept 2 — Enhanced Connector / Destination 1 Phase 2 — Schematic Design / PD&E 406,761.31 Lump Sum 2 Phase 2 — Detailed Design 1,865,728.13 Lump Sum 3 Phase 2 — Bid & Award 23,285.38 Lump Sum 4 Phase 2 — Construction Administration 151,186.41 Lump Sum Subtotal Phase 2 — Concept 2 2,446,961.23 Allowance for Reimbursable Expenses 35,000.00 TOTAL $2,481,961.23 Lump Sum Allowance Phase 2 Concept 3— Iconic Destination Task, Subtask, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Phase 2 Concept 3 - Iconic Destination 1 Phase 2 — Schematic Design / PD&E 572,105.00 Lump Sum 2 Phase 2 — Detailed Design 2,624,124.70 Lump Sum 3 Phase 2 — Bid & Award 32,750.62 Lump Sum 4 Phase 2 — Construction Administration 212,641.91 Lump Sum Subtotal Phase 2 — Concept 3 $ 3,441,622.23 Allowance for Reimbursable Expenses 45,000.00 TOTAL $3,486,622.23 Lump Sum 31 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this ork Order assignment will be Byron Danley. Submitted by: Kyle Henry EXP U.S. Services, Inc. Reviewed and approved in concep recommended by: Keith N:, ''tact Mana Office of Cap! a Improvements 30 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 AGENDA ITEM SUMMARY FORM File ID: #9316 Date: 06/30/2021 Commission Meeting Date: 07/22/2021 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Approve Recommendation - EXP US Services, Inc. Purpose of Item: The purpose of this item is to authorize a resolution from the Miami City Commission, approving a recommendation to award a professional services agreement to EXP U.S. Services, Inc. ("EXP U.S."), the top ranked and responsible proposer, pursuant to Request for Qualifications ("RFQ") No. 19-20-031, to provide professional engineering services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 (Project), with a not -to -exceed amount of $4,332,053.41, including a not -to -exceed amount of $501,268.96 for Phase 1, a not -to -exceed amount of $3,441,622.23 for Phase 2, a not - to -exceed amount of $45,000 for Reimbursable Expenses, and a not -to -exceed amount of $344,162.22 for Owner's Contingency Allowance, as shown below, on a phased basis; consultant will proceed to Phase 2 at the sole discretion of the City, and subject to availability of funds; allocating funds from the appropriate Capital Improvements project and Departmental budgets, subject to budgetary approval at the time of need; authorizing the City Manager to execute the agreement with EXP U.S. in a form acceptable to the City Attorney, and to issue EXP U.S. the appropriate Notices to Proceed for each phase, once the previous phase has been completed to the full satisfaction of the City, and subject to availability of funds; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("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, all 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. Background of Item: On July 15, 2020, the Department of Procurement ("Procurement") issued RFQ No. 19- 20-031 to provide professional engineering services for the Project, under full and open competition. On August 28, 2020, eight (8) proposals were received by the Office of the City Clerk in response to the RFQ. Subsequently, two (2) proposals were found to be non -responsive to the Minimum Requirements of the RFQ, after Procurement completed its due diligence effort. Later, on December 16, 2020, an Evaluation Committee met and completed the evaluation of the remaining six (6) proposals submitted by responsive and responsible proposers, following the guidelines stipulated DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 in the RFQ. On January 14, 2021, a Negotiation Committee appointed by the City Manager met and conducted negotiations through April 22, 2021, finding EXP U.S. to be the top ranked responsive and responsible Proposer. Therefore, the City Manager requests authorization to execute an Agreement with EXP U.S. for a not -to -exceed amount of $4,332,053.41 including a not -to -exceed amount of $501,268.96 for Phase 1, a not -to -exceed amount of $3,441,622.23 for Phase 2, a not -to -exceed amount of $45,000 for reimbursable expenses, and a not -to -exceed amount of $344,162.22 for the Owner's Contingency Allowance, on a phased basis. Funds are to be allocated from the appropriate Capital Improvements projects and Departmental budgets. Concept 1 "Connector" Concept 2 "Enhanced Concept 3 "Iconic Destination" Connector/Destination" Phase 1 Phase 2 Task 2.1 Task 2.2 Task 2.3 Task 2.4 Subtotal Phase 2 Reimbursable Expenses Owner's Contingency Grand Total $ 501,268.96 $ 144,757.30 $ 663,971.13 $ 8,286.75 $ 53,803.88 $ 870,819.06 $ 24,309.33 $ 87,081.91 $ 1,483,479.26 Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds $ 501,268.96 $ 501,268.96 $ 406,761.31 $ 572,105.00 $ 1,865,728.13 $ 2,624,124.70 $ 23,285.38 $ 32,750.62 $ 151,186.41 $ 212,641.91 $ 2,446,961.23 $ 3,441,622.23 $ 35,000.00 $ 45,000.00 $ 244,696.12 $ 344,162.22 $ 3,227,926.31 $ 4,332,053.41 Total Fiscal Impact: Variable between $1,483,479.26 and $4,332,053.41 OCI Project No.: B-193623 Office of Capital Improvements Department of Procurement Department of Risk Management Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Hector L Badia Annie Perez Ann -Marie Sharpe Lai -wan McGinnis Leon P Michel Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Pablo Velez Barnaby L. Min Victoria Mendez Nicole Ewan Reviewed B Department Head Review Procurement Review Risk Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 07/06/2021 10:22 AM 07/06/2021 12:41 PM 07/06/2021 4:49 PM 07/07/2021 11:40 AM 07/07/2021 12:16 PM 07/07/2021 12:36 PM 07/07/2021 12:37 PM 07/07/2021 10:07 PM 07/09/2021 11:41 AM 07/09/2021 12:41 PM 07/12/2021 10:24 AM 07/22/2021 9:00 AM DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 City of Miami Legislation Resolution Enactment Number: R-21-0318 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9316 Final Action Date:7/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") TO EXP U.S. SERVICES INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("EXP U.S."), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER TO REQUEST FOR QUALIFICATIONS NO. 19-20- 031 FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES FOR THE INTERSTATE 395 PEDESTRIAN BAYWALK AND BIKEWAY BRIDGE PROJECT — DISTRICT 2 ("PROJECT"), FOR A TOTAL NOT -TO -EXCEED AMOUNT OF FOUR MILLION THREE HUNDRED THIRTY TWO THOUSAND FIFTY THREE DOLLARS AND FORTY ONE CENTS ($4,332,053.41) COMPRISED OF THE FOLLOWING NOT - TO -EXCEED AMOUNTS: FIVE HUNDRED ONE THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS AND NINETY SIX CENTS ($501,268.96) FOR PHASE 1 OF THE PROJECT, THREE MILLION FOUR HUNDRED FORTY ONE THOUSAND SIX HUNDRED TWENTY TWO DOLLARS AND TWENTY THREE CENTS ($3,441,622.23) FOR PHASE 2 OF THE PROJECT, FORTY FIVE THOUSAND DOLLARS ($45,000.00) FOR REIMBURSABLE EXPENSES, AND THREE HUNDRED FORTY FOUR THOUSAND ONE HUNDRED SIXTY TWO DOLLARS AND TWENTY TWO CENTS ($344,162.22) FOR THE OWNER'S CONTINGENCY ALLOWANCE, ALL AS DETAILED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT WITH EXP U.S., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE ISSUANCE TO EXP U.S. OF THE APPROPRIATE NOTICES TO PROCEED, PARTICULARLY WHEN PROCEEDING FROM ONE PHASE TO ANOTHER OF THE PROJECT, SUBJECT TO THE FULL AND SATISFACTORY COMPLETION OF EACH PRIOR PHASE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, on July 15, 2020, the City of Miami's ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 19-20-031 for the provision of professional engineering services for the Interstate 395 Pedestrian Baywalk and Bikeway Bridge Project — District 2 ("Project"); and DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 WHEREAS, on August 28, 2020, eight (8) proposals were received by the City's Office of the City Clerk in response to the RFQ, with two (2) of those proposals subsequently deemed non -responsive; and WHEREAS, on December 16, 2020, the Evaluation Committee met and completed the evaluation of the remaining six (6) proposals following the guidelines in the RFQ; and WHEREAS, on January 14, 2021, a Negotiation Committee appointed by the City Manager met and conducted negotiations through April 22, 2021, finding EXP U.S. Services Inc., a foreign profit corporation authorized to conduct business in Florida ("EXP U.S."), the top ranked responsive and responsible proposer; and WHEREAS, on or about May 25, 2021, the Professional Services Agreement ("Agreement") that was negotiated and agreed upon by EXP U.S. was formally accepted by the City; and WHEREAS, the City Manager requests authorization to execute the Agreement with EXP U.S. for a total not -to -exceed amount of Four Million Three Hundred Thirty Two Thousand Fifty Three Dollars and Forty One Cents ($4,332,053.41), comprised of the following not -to - exceed amounts: Five Hundred One Thousand Two Hundred Sixty Eight Dollars and Ninety Six Cents ($501,268.96) for Phase 1 of the Project, Three Million Four Hundred Forty One Thousand Six Hundred Twenty Two Dollars and Twenty Three Cents ($3,441,622.23) for Phase 2 of the Project, Forty Five Thousand Dollars ($45,000.00) for Reimbursable Expenses, and Three Hundred Forty Four Thousand One Hundred Sixty Two Dollars and Twenty Two Cents ($344,162.22) for the Owner's Contingency Allowance, all as detailed in Exhibit "A," attached and incorporated, on a phased basis; and WHEREAS, due to the Project being executed in phases, the City Manager seeks authority to issue EXP U.S. the appropriate Notices to Proceed, particularly when proceeding from for one phase to another of the Project, subject to the full and satisfactory completion of each prior phase; and WHEREAS, funds are to be allocated from the appropriate City Office of Capital Improvements ("OCI") Project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need; 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. The recommendation to Award the Agreement to EXP U.S., the top ranked responsive and responsible proposer to RFQ No. 19-20-031 for the provision of professional engineering services for the Project for a total not -to -exceed amount of Four Million Three Hundred Thirty Two Thousand Fifty Three Dollars and Forty One Cents ($4,332,053.41), comprised of the following not -to -exceed amounts: Five Hundred One Thousand Two Hundred Sixty Eight Dollars and Ninety Six Cents ($501,268.96) for Phase 1 of the Project, Three Million Four Hundred Forty One Thousand Six Hundred Twenty Two Dollars and Twenty Three Cents ($3,441,622.23) for Phase 2 of the Project, Forty Five Thousand Dollars ($45,000.00) for Reimbursable Expenses, and Three Hundred Forty Four Thousand One Hundred Sixty Two Dollars and Twenty Two Cents ($344,162.22) for the Owner's Contingency Allowance, all as detailed in Exhibit "A," attached and incorporated, on a phased basis is approved. DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Section 3. Funding shall be allocated from the appropriate OCI Project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute the Agreement with EXP U.S., in a form acceptable to the City Attorney, for said purpose. Section 5. The issuance to EXP U.S. of the appropriate Notices to Proceed, particularly when proceeding from one phase to another of the Project, subject to the full and satisfactory completion of each prior phase, is authorized. Section 6. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("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 forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ria dez, ity ttor ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Page 1 of 2 AW. C D CERTIFICATE OF LIABILITY INSURANCE DATE Y)08/06//2021 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 Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT Willis Towers Watson Certificate Center NAME: PHONE 1-877-945-7378 FAX 1-888-467-2378 (A/C. No Extl: (A/C. No): AADDDREDRE SS: certificates@willis.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: XL Insurance America Inc 24554 INSURED EXP Global, Inc. 205 N, Michigan Ave, Ste 3600 Chicago, IL 60601 INSURER B : Continental Insurance Company 35289 INSURER C: Continental Casualty Company 20443 INSURERD: AIG Insurance Company of Canada B1206 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W21795103 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL WSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y US00057823L121A Approved by Frank Gomez 03/31/2021 08/09/2021 03/31/2022 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGEO PREMISES (Ea occurrence) ( 2,000,000 $ X Contractual Liability MED EXP (Any one person) $ 25,000 PERSONAL&ADVINJURY $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE a PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y 6076413496 03/31/2021 03/31/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N No N/A 6072004033 03/31/2021 03/31/2022 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability 061127095 03/31/2021 03/31/2022 Per Claim: Aggregate: Retro Date: 1/1/1900 $3,000,000 $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Professional Engineering Services for I-395 Pedestrian Baywaik and Bikeway Bridge Project - D2 Contract Type: Project Specific (RFQ No. 19-20-031) City Commission - RESOLUTION No. R-21-0318 Agreement Number 19-20-031 City of Miami is included as an Additional Insured as respects to General Liability and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue, loth Floor Miami, FL 33130-1910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD SR ID: 21443922 BATCH: 2194126 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 AGENCY CUSTOMER ID: LOC #: AC ®® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Midwest, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIL CODE See Page 1 NAMED INSURED EXP Global, Inc. 205 N. Michigan Ave, Ste 3600 Chicago, IL 60601 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• Certificate of Liability Insurance General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of City of Miami with respects to General Liability policy. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21443922 BATCH: 2194126 CERT: W21795103 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 From: Gomez Jr., Francisco (Frankl To: Caseres, Luis; Quevedo, Terry Subject: RE: COI - EXP US Services Date: Monday, August 9, 2021 9:12:32 AM Attachments: jmaae002.uno Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPU I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Monday, August 9, 2021 8:08 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: COI - EXP US Services Good morning Frank, Attached is revised COI including Retro Date as you requested. Please review and approve. Best regards, LCot4ere4r DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Detail by FEI/EIN Number DIVISION OF CORPORATIONS J)JvLi1Jf'i o ft�rg an official 3rure of Florida websiie Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Foreign Profit Corporation EXP U.S. SERVICES INC. Filing Information Document Number F11000001440 FEI/EIN Number 46-0523964 Date Filed 04/04/2011 State DE Status ACTIVE Last Event AMENDMENT Event Date Filed 02/27/2012 Event Effective Date NONE Principal Address 56 Queen Street East Suite 301 Brampton, Ontario L6V 4M8 CA Changed: 05/13/2020 Mailing Address 56 Queen Street East Suite 301 Brampton, Ontario L6V 4M8 CA Changed: 05/13/2020 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 12/22/2011 Address Changed: 12/22/2011 Officer/Director Detail Name & Address Title VP Stevens, Phil search sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=FeiNumber&directionType=Initial&searchNameOrder=460523964F1100.. 1/3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 2601 Westhall Lane Maitland, FL 32751 Detail by FEI/EIN Number Title CFO/Treasurer Walters, Deborah 205 N. Michigan Ave. Suite 3600 Chicago, IL 60601 Title Director/COO/President Dvorak, Mark 205 N. Michigan Ave. Suite 3600 Chicago, IL 60601 Title Chairman of the board/CEO Dvorak, Ivan 205 N. Michigan Ave. Suite 3600 Chicago, IL 60601 Title Secretary Ahn, Hae-Jin (Priscilla) 56 Queen Street East Suite 301 Brampton, Ontario L6V 4M8 CA Title VP Weise, Kathy 205 N. Michigan Ave. Suite 3600 Chicago, IL 60601 Title VP McGuire, William 2601 Westhall Lane Maitland, FL 32751 Title VP Danley, Byron 205 North Michigan Avenue Suite 3600 Chicago, IL 60601 Title VP search sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=FeiNumber&directionType=Initial&searchNameOrder=460523964F1100.. 2/3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Detail by FEI/EIN Number Nair, R Shankar 442 E. North Water St. Chicago, IL 60601 Title VP Gibson, Paul 5670 Oberlin Drive San Diego, CA 92121 Title Director/Executive Vice President Neumann, Timothy D 5700 Fairmount Ave. Downers Grove, IL 60516 Annual Reports Report Year Filed Date 2019 03/28/2019 2019 05/13/2019 2020 05/13/2020 Document Images 05/13/2020 -- ANNUAL REPORT 05/13/2019 -- AMENDED ANNUAL REPORT 03/28/2019 -- ANNUAL REPORT 04/20/2018 -- AMENDED ANNUAL REPORT 04/04/2018 -- ANNUAL REPORT 11/17/2017 -- AMENDED ANNUAL REPORT 06/19/2017 -- AMENDED ANNUAL REPORT 04/27/2017 -- AMENDED ANNUAL REPORT 04/21/2017 -- ANNUAL REPORT 04/04/2016 -- ANNUAL REPORT 04/23/2015 -- ANNUAL REPORT 04/05/2014 -- ANNUAL REPORT 04/15/2013 -- ANNUAL REPORT 04/26/2012 -- ANNUAL REPORT 02/27/2012 -- Amendment 12/22/2011 -- Reg. Agent Change 09/21/2011 --Amendment 04/04/2011 -- Foreign Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 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 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=FeiNumber&directionType=Initial&searchNameOrder=460523964F1100... 3/3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: June 14, 2021 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation for Award of Contract for Professional Engineering Services for 1-395 Pedestrian Qaywalk and Bikeway Bridge Project — D2, for the Office of Capital Improvements REFERENCES: Request for Qualifications ("RFQ") No. 19-20-031 ENCLOSURES: Fee Proposal, Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the referenced Project be awarded to EXP U.S. Services, Inc. ("Consultant"), for RFQ No. 19-20-031, Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 (the "Project"). The Consultant shall provide architectural, engineering, and construction phase services and work with the City of Miami ("City"), Miami Downtown Development Agency ("DDA"), Florida Department of Transportation ("FDOT"), and community stakeholders to design three (3) Concepts for an approximately 20-foot wide, over -the -water pedestrian and bicycle (ped/bike) bridge passing underneath the MacArthur Causeway that will connect the existing baywalk within Maurice A. Ferro Park and the future baywalk on the Genting property, which creates a critical connection and Downtown destination. The participatory design process will produce a completed design that prioritizes community needs and desires for an iconic bridge. During Phase 1 of the Project, the Consultant shall fully develop three (3) concepts for the Project: a "Connector Concept," an "Enhanced Connector/Destination Concept," and an "Iconic Destination Concept." Also, the Consultant shall create a Feasibility Study consisting of Project background and purpose; study area and process; existing conditions and data collection inputs; coordination with City Departments; coordination with FDOT; coordination with other planning and development entities having jurisdiction; upland survey; bathymetric survey; marine reconnaissance survey; initial geotechnical investigation; resiliency and material evaluation; permitting requirements and outline; determination of environmental class of action for build alternative; design criteria development; structural designs of bridge concepts; bike and pedestrian traffic counts; baywalk geometric analysis; identify and evaluate existing drainage patterns and outfalls; landscape architecture analysis; conceptual plan of proposed signage; conceptual lighting plan; assistance with funding support; detailed Project schedule; opinion of probable cost; administration and management; and quality assurance/quality control. During Phase 2 of the Project, the Consultant shall provide full design and permitting services for the Concept chosen at the discretion of the City and the DDA; upland survey; coastal design criteria consisting of current measurements, hydrodynamic model development, modelling of tidal and storm hydrodamics, modeling of wave propagation, wave and hydrodynamic loading, scour, and coastal design report; updated marine resources survey; geotechnical investigation; NEPA processing consisting of public involvement, engineering analysis and reports, environmental analysis and reports; submitting environmental PR21126 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Page 2 - Recommendation of Award of Professional Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2, Arthur Noriega V, City Manager documents to FDOT; coordination with FDOT on the lease of submerged lands; environmental permitting; utility coordination; schematic design (10%) and design development (40%); final design (90% submittal and 100% submittal); construction documents prepared utilizing the FDOT Standard Specifications; refining the Project Schedule; update of opinion of probable cost; administration management; quality assurance and quality control; and bid processing assistance. FISCAL IMPACT: The potential fiscal impact to the City for the negotiated contract may vary between not -to -exceed amounts of $1,483,479.26 and $4,332,053.41, inclusive of a Reimbursable Expenses and Owner's Contingency Allowances, depending on the Concept chosen by the City for full development at the end of Phase 1. The above not -to -exceed amounts are comprised of the following: Concept 1 "Connector" Concept 2 "Enhanced Connector/Destination" Concept 3 "Iconic Destination" Phase 1 $ 501,268.96 $ 501,268.96 $ 501,268.96 Phase 2 Task 2.1 $ 144,757.30 $ 406,761.31 $ 572,105.00 Task 2.2 $ 663,971.13 $ 1,865,728.13 $ 2,624,124.70 Task 2.3 $ 8,286.75 $ 23,285.38 $ 32,750.62 Task 2.4 $ 53,803.88 $ 151,186.41 $ 212,641,91 Subtotal Phase 2 $ 870,819.06 $ 2,446,961.23 $ 3,441,622.23 Reimbursable Expenses $ 24,309.33 $ 35,000,00 $ 45,000.00 Owner's Contingency $ 87,081.91 $ 244,696.12 $ 344,162.22 Grand Total $ 1,483,479.26 $ 3,227,926.31 $ 4,332,053.41 Currently, Phase 1 is fully funded. Additional funding may be required to proceed with the Concept chosen by the City upon completion of Phase 1. The original price proposal submitted by the Consultant for Phase 1 totaled $608,408.46; therefore, negotiations resulted in $107,139.50 or 17.61% of savings for our taxpayers. BACKGROUND: On July 15, 2020, Procurement issued a solicitation under full and open competition to obtain proposals from qualified firms. On August 28, 2020, Procurement received eight (8) proposals in response to the solicitation (see attached Proposal Security List). Subsequently, the proposals were reviewed by Procurement staff, upon which six (6) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ; two (2) proposals, however, were deemed non -responsive in accordance with the minimum qualifications and experience requirements of the RFQ. Accordingly, on December 16, 2020, the Evaluation Committee ("Committee") met and completed the evaluation and ranking of all proposals following the stipulated guidelines in the solicitation. The proposals were evaluated in accordance with six (6) evaluation criteria and ranked by total awarded points (see enclosed Report of Evaluation Committee Memorandum). Upon review and subsequent approval of the Report of the Evaluation Committee Memorandum by the City Manager on January 5, 2021, negotiations were initiated with the Consultant, the highest ranked firm. The City's negotiation team, comprised of staff from the Office of Capital Improvements ("OCI") and the PR21126 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Page 2 - Recommendation of Award of Professional Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2, Arthur Noriega V, City Manager Office of Planning, Perez Art Museum Miami, and Miami DDA held good faith negotiations with the Consultant's principals that addressed: 1. Coordination of the various professional consulting services necessary for the Project; 2. Established and capped fair market professional services fee schedule; 3. A Project tasking solution which supports an implemental and fiscally sound agreement, in the best interest of the City and its residents, and; 4. Legally sufficient and binding agreement terms and conditions, with the assistance and support of the City Attorney's Office. Successful negotiations were accomplished, and an agreement was mutually reached on April 22, 2021. Based on the above findings, Procurement hereby recommends award of a Professional Services Agreement with EXP U.S. Services, Inc. for the Project. Your signature below indicates your approval of Procurement's recommendation. Approved: Arthur Noridga V, City Manager Date: JUN 2 2 2021 c: Nzeribe Ihekwaba, PE, PhD, Deputy City Manager Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Jorge Mora, Assistant Director, OCI Neal Schafers, Senior Manager, Planning, Resilience + Transportation, DDA Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR21126 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega, V DATE: December 28, 2020 FILE: City Manager FROM: Annie Perez, CPPO, Director SUBJECT: Report of Evaluation Committee for Department of Procurement Ali Request for Qualifications (RFQ) No. 19-20-031, I- 395 Pedestrian Baywalk and Bikeway Bridge Project - D2 ENCLOSURES: Response Security List, Evaluation Committee Tabulation Sheets, Evaluation Committee Appointment Memo, and State of Florida Executive Orders 20-52 and 20-69 Background On July 15, 2020, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 19-20-031 for the provision of professional services for the 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 ("Project"), on behalf of the Office of Capital Improvements (OCI). Previously, on March 9, 2020, the State of Florida issued a Declaration of Emergency through Executive Order 20-52 (copy attached) as a result of the Novel Coronavirus Disease 2019 (COVID-19) pandemic. Subsequently, on August 28, 2020, Procurement received eight (8) proposals in response to this solicitation. Consequently, the proposals were reviewed by Procurement staff, upon which six (6) proposals from Jacobs Engineering Group, Inc. ("Jacobs"), Perkins & Will Architects, Inc. ("Perkins"), NV5, Inc. ("NV5"), EXP U.S. Services, Inc. ("EXP U.S."), Stantec Consulting Services, Inc. ("Stantec"), and Bermello, Ajamil & Partners, Inc. ("Bermello"), were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. The remaining two (2) proposals were disqualified from the selection process for proposing an Environmental Engineer without holding a professional registration in the State of Florida as required by the RFQ. On November 30, 2020, pursuant to Section 3.1, "Acceptance/Rejection" and in consultation with the City Attorney's Office, R.E. Chisholm Architects, Inc. and Berenblum Busch Architecture, Inc. were sent non - responsiveness letters outlining the reasons for such decision. At the time, the selection process continued to remain on hold until October 15, 2020, when the City Attorney's Office approved the guidelines to conduct virtual meetings proposed by Procurement. Upon sunset of State of Florida's Executive Order 20-69 (copy attached) on November 1, 2020, Procurement resumed the selection process. On November 11, 2020, an Evaluation Committee ("Committee") was appointed by the City Manager, and the Step 1 Evaluation Committee meeting was scheduled for December 16, 2020 Summary of Evaluation While governed by Florida Statutes Section 287.055, any typical selection of professional services consultants may be comprised of two (2) steps: Step 1 "Evaluation of Qualifications and Experience," and Step 2 "Evaluation of Technical Proposals/Oral Presentations." On December 16, 2020, the Evaluation Committee met and completed the Step 1 evaluation of the six (6) responsive and responsible proposals, following the guidelines stipulated in the solicitation. Accordingly, the proposals were evaluated pursuant to the six (6) evaluation criteria listed below: DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Page 2, Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 Arthur Noriega V, City Manager Evaluation Criteria Step 1 1. Proposer's Qualifications and Experience 2. Proposer's Project Manager's Qualifications and Experience 3. Proposer's Lead Architect/Designer's Qualifications and Experience 4. Proposer's Team Members Qualifications and Experience 5. Design Philosophy and Process/Technical Capabilities and Approach 6. Amount of Work Awarded by the City Maximum Points (Per Committee Member) 30 20 20 15 10 5 Total Points Per Committee Member 100 Due to the potential utilization of non -local funding sources to compensate consultants under contract, the standard 15% participation of Small Business Enterprise ("SBE") firm was not required. Furthermore, Procurement staff assigned scores for Criterion 6, "Amount of Work Awarded by the City," based on the amount of work awarded by the City of Miami within the previous three (3) years from the Proposal Submission Due Date of August 28, 2020. The individual scores per team under this criterion are indicated between parenthesis next to the total awarded points shown below. The final scores were as follows: Proposing Firms Awarded Points (Maximum 500 points) 1. EXP U.S. Services, Inc. 2. Jacobs Engineering Group, Inc. 3. Stantec Consulting Services, Inc. 4. NV5, Inc. 5. Perkins & Will Architects, Inc. 6. Bermello, Ajamil & Partners, Inc. 455 (20) 437 (20) 395 (25) 394 (10) 384 (15) 356 (20) The Committee decided to waive Step 2 proceedings and oral presentations, as the proposals did not require further clarification. The tabulation and individual Committee member score sheets for the Step 1 meeting are attached as supporting documentation. Consensus Statement The highest ranked firm, EXP U.S., received a total of 455 points out of a maximum total of 500 points. The Committee determined that the firm assembled a team of architectural and engineering professionals distinctly qualified to provide comprehensive services for the Project. The Committee discussed the experience and structure of the firm's proposed multi -discipline team. The firm proposed a substantial group of in-house architectural and engineering professionals, in addition to proposing a team of sub -consultants to support engineering, surveying, certified cost estimating services, geotechnical engineering, and landscape architectural needs. The proposed Lead Architect and Project Manager demonstrated prior experience in multiple pedestrian bridge projects. The firm has substantial experience with pedestrian bridges and seems able to provide alternatives, if necessary. Additionally, the Committee discussed the firm's Design Philosophy and Process. The firm proposed designs and plans that demonstrated a thorough understanding of the City's vision. The firm's proposal also demonstrated an optimal balance between the Project goals of constructing a pedestrian bridge, while creating a destination spot for tourism. After deliberation, the Committee members unanimously agreed that EXP U.S. presented a proposal comprehensively suited to meet the critical needs of the City through the Project. PR21053 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Page 3, Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 Arthur Noriega V, City Manager Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Messrs. Jeremy Calleros Gauger (Office of Planning), Giraldo Marquez (OCI), Mark Rosenblum (Perez Art Museum Miami), David Martinez, P.E. (City of Miami Beach), and Neil Schafers (Miami Downtown Development Authority) to commence negotiations of a professional services agreement (PSA) with EXP U.S., the highest -ranked responsive and responsible firm, for the provision of architectural and engineering services for the Project. Should negotiations with the firm fail, the Committee hereby requests permission to commence negotiations with the teams listed above, in the preferred order of ranking, until a PSA is successfully negotiated, and subsequently awarded. Approved: ) Arthur Noiriega V, Manager Date: /, c: Fernando Casamayor, Assistant City Manager/Chief Financial Officer Nzeribe lhekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Cesar Garcia -Pons, Director, Office of Planning Neal Schafers, Sr. Manager, Miami DDA Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21053 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable City of Miami Commissioners and DATE: December 29, 2020 Honorable Mayor of the City of Miami FROM: Arthur Noriega V City Manager SUBJECT: Report of Evaluation Committee for RFQ No. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 ENCLOSURES: Report of Evaluation Committee In accordance with Section 18-87 (i) of the City of Miami Code, attached please find the Report of the Evaluation Committee for subject solicitation. AP: ah c: Fernando Casamayor, Assistant City Manager/Chief Financial Officer Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager/Chief of Operations Pablo R. Velez, Sr. Assistant City Attorney Annie Perez, CPPO, Director, Procurement Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21052 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 EVALUATION COMMITTEE MEETING Wednesday, December 16, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-031 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Giraldo Marquez, Chief Project Manager Office of Capital Improvements, City of Miami Jeremy Calleros Gauger, Deputy Director Office of Planning, City of Miami Mark Rosenblum, Chief Operating Officer Perez Art Museum Miami David Martinez, P.E., Director, Office of Capital Improvements, City of Miami Beach Neil Schafers, Sr. Manager, Planning, Resilience and Transportation, Miami DDA TABULATION SHEET RFQ No. 19-20-031 NAME OF FIRM(S) 1 Jacobs Engineering Group, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 27 30 26 27 27 137 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 17 18 16 17 18 86 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 17 15 17 18 17 84 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 12 15 12 14 15 68 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 8 10 7 8 9 42 6A - Amount of Work Awarded by the City (Max. 5 points) 4 4 4 4 4 20 Qualitative Scores 85 92 82 88 90 437 2 437 2 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 2 Perkins & Will Architects, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 25 22 25 21 24 117 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 16 13 15 18 16 78 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 16 15 16 14 15 76 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 12 12 13 13 11 61 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 7 8 8 5 9 37 6A - Amount of Work Awarded by the City (Max. 5 points) 3 3 3 3 3 15 Qualitative Scores 79 73 80 74 78 384 5 384 5 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. Page 1 of 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 EVALUATION COMMITTEE MEETING Wednesday, December 16, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-031 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Giraldo Marquez, Chief Project Manager Office of Capital Improvements, City of Miami Jeremy Calleros Gauger, Deputy Director Office of Planning, City of Miami Mark Rosenblum, Chief Operating Officer Perez Art Museum Miami David Martinez, P.E., Director, Office of Capital Improvements, City of Miami Beach Neil Schafers, Sr. Manager, Planning, Resilience and Transportation, Miami DDA TABULATION SHEET RFQ No. 19-20-031 NAME OF FIRM(S) 3 NV5, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 24 20 25 25 23 117 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 16 12 16 16 16 76 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 16 15 15 17 17 80 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 12 15 13 12 15 67 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 7 10 7 10 10 44 6A - Amount of Work Awarded by the City (Max. 5 points) 2 2 2 2 2 10 Qualitative Scores 77 74 78 82 83 394 4 394 4 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 4 EXP U.S. Services, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 28 30 28 28 26 140 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 18 20 18 20 19 95 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 16 20 17 16 18 87 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 13 15 14 15 14 71 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 8 8 9 9 8 42 6A - Amount of Work Awarded by the City (Max. 5 points) 4 4 4 4 4 20 Qualitative Scores 87 97 90 92 89 455 1 455 1 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. Page 2 of 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 EVALUATION COMMITTEE MEETING Wednesday, December 16, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-031 1-395 Pedestrian Baywalk and Bikeway Bridge Project - D2 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Giraldo Marquez, Chief Project Manager Office of Capital Improvements, City of Miami Jeremy Calleros Gauger, Deputy Director Office of Planning, City of Miami Mark Rosenblum, Chief Operating Officer Perez Art Museum Miami David Martinez, P.E., Director, Office of Capital Improvements, City of Miami Beach Neil Schafers, Sr. Manager, Planning, Resilience and Transportation, Miami DDA TABULATION SHEET RFQ No. 19-20-031 NAME OF FIRM(S) 5 Stantec Consulting Services, Inc. 1A - Proposers Qualifications and Experience (Max. 30 points) 26 20 24 24 22 116 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 17 10 16 15 19 77 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 15 10 15 19 16 75 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 12 15 13 14 15 69 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 7 5 7 6 8 33 6A - Amount of Work Awarded by the City (Max. 5 points) 5 5 5 5 5 25 Qualitative Scores 82 65 80 83 85 395 3 395 3 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 6 Bermello Ajamil & Partners, Inc. 1A - Proposer's Qualifications and Experience (Max. 30 points) 25 20 23 22 14 104 2A - Proposers Project Manager's Qualifications and Experience (Max. 20 points) 16 10 16 14 15 71 3A - Proposer's Lead Architect/Designer's Qualifications and Experience (Max. 20 points) 15 15 14 15 15 74 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 12 12 14 10 11 59 5A - Design Philosophy and Process/Technical Capabilities and Approach (Max. 10 points) 6 5 7 4 6 28 6A - Amount of Work Awarded by the City (Max. 5 points) 4 4 4 4 4 20 Qualitative Scores 78 66 78 69 65 356 6 356 6 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. Chairperson: Anthony M. Hansen, Sr. Procurement Contracting Officer Page 3 of 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 RFQ NO. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project D2 EVALUATION OF PROPOSALS Giraldo Marquez - Chief Project Manager, Office of Capital Improvements, City of Miami EVALUATION PROPOSERS CRITERIA Jacobs Perkins & Stantec Bermello, Maximum Engineering Will NV5, Inc. EXP U.S. Consulting Ajamil & Points Group, Inc. Architects Inc. Services Inc. Services Inc. Partners, Inc. Proposer's Qualifications and Experience 30 --) 25 221 a(� ab 2.5 Proposer's Project Manager's Qualifications and Experience 20 \ -7 Iic91g 17 16 Proposer's Lead Architect/Designer's Qualifications and Experience 20 I 1 1 1,6 I i I 15 Proposer's Team Members Qualifications and Experience 15 1 I a) 13 ' a I Design Philosophy and Process/Technical and Approach 10 -7 7 7Capabilities Amount of Work Awarded by the City 5 4 3 2 4 5 4 TOTAL POINTS 100 'S 7 7 7 3:). 78 77 SIGNATURE: (-Te(( Ohlct(( t,-Z PRINT NAME: //F 12/7/2020 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 RFQ NO. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project D2 EVALUATION OF PROPOSALS Mark Rosenblum - Chief Operating Officer, Perez Art Museum Miami EVALUATION PROPOSERS CRITERIA Maximum Points Jacobs Engineering Group, Inc. Perkins & Will Architects Inc NV5, Inc. EXP U.S. Services Inc. Stantec Consulting Services Inc. Bermello, Ajamil & Partners, Inc. Proposer's Qualifications and Experience 30 2( L 2.3 5 2.8 2 2 Proposer's Project Manager's Qualifications and Experience 20 I j ) I 1 S /- 1 l0 16, Proposer's Lead Architect/Designer's Qualifications and Experience 20 ITh I � 1 � 1 11 I � � Iy l Proposer's Team Members Qualifications and Experience 15 I2- ' I 3 \ ---- I LI Design Philosophy and Process/Technical Capabilities and Approach 10 8 ----• (1 --- 7- Amount of Work Awarded by the City 5 4 3 2 4 5 4 TOTAL POINTS 100 ez, 80 8 10 L,� --.+8 SIGNATURE: PRINT NAME: ri'LL 7-tA) 1c� 13, 1<c)Se()..a)({) 12/7/2020 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 RFQ NO. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project D2 EVALUATION OF PROPOSALS David Martinez - Director, Office of Capital Improvements Projects, City of Miami Beach EVALUATION PROPOSERS CRITERIA Maximum Points Jacobs Engineering Group, Inc. Perkins & Will Architects Inc. NV5, Inc. EXP U.S. Services Inc. Stantec Consulting Services Inc. Bermello, Ajamil & Partners, Inc. Proposer's Qualifications and Experience 30 2-7 �7 / 2 28 Z4- -1 Proposer's Project Manager's Qualifications and Experience 20 / 7 it?f‘ O lc / # Proposer's Lead Architect/Designer's Qualifications and Experience 20leA �� /7 /� �� Proposer's Team Members Qualifications and Experience 15 / 4 13 12, 1c /# /0 Design Philosophy and Process/Technical Capabilities and Approach 10 c /O q f (p 4 Amount of Work Awarded by the City 5 4 3 2 4 5 4 TOTAL POINTS 100 89 -74- 82. q 2 B 3 (79 SIGNATURE: PRINT NAME: 72 v?t M�4R7i � 12/7/2020 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 RFQ NO. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project D2 EVALUATION OF PROPOSALS Jeremy Calleros Gauger - Deputy Director, Planning Office, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Jacobs Engineering Group, Inc. Perkins & Will Architects Inc. NV5, Inc. EXP U.S. Services Inc. Stantec Consulting Services Inc. Bermello, Ajamil & Partners, Inc. Proposer's Qualifications and Experience 30 3,, A.0 '0 '2p Proposer's Project Manager's Qualifications and Experience 20 � ` 1�j �?� 1-10�� IC Proposer's Lead Architect/Designer's Qualifications and Experience 20 15 '' i 15/S t 0 lO �5 Proposer's Team Members Qualifications and Experience 15 1.011.1 11 t5 15 �1�' Design Philosophy and Process/Technical Capabilities and Approach 10 IA `- [O Q 9 5 5 Amount of Work Awarded by the City 5 4 3 2 4 5 4 TOTAL POINTS 100 11- 15 y cf-- 45 612 SIGNATURE: A I C}LLE-2,oS 12/7/2020 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 RFQ NO. 19-20-031 Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project D2 EVALUATION OF PROPOSALS Neal Schafers - Senior Manager, Planning, Resilience + Transportation, Miami Downtown Development Agency EVALUATION PROPOSERS CRITERIA Maximum Points Jacobs Engineering Group, Inc. Perkins & Will Architects Inc. NV5, Inc. EXP U.S. Services Inc. Stantec Consulting Services Inc. Bermello, Ajamil & Partners, Inc. Proposer's Qualifications and Experience 30 2 7- 11' 23 Zi Jt Proposer's Project Manager's Qualifications and Experience 20 1 0 f � 1 � � 1 1 c% 1 !I i 5 Proposer's Lead Architect/Designer's Qualifications and Experience 20 7 15 1i3 6-' 15 Proposer's Team Members Qualifications and 15 l7Jr r / (5 / iExperience Design Philosophy and Process/Technical Capabilities and Approach 10 9 9 I 0 Qj NN'' 8 6 Amount of Work Awarded by the City 5 4 3 2 4 5 4 TOTAL POINTS 100 .41,0r, ev:-? SIGNATU /20/6 PRINT NAME:34171, N 12/7/2020 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 19-20-031 - Prof City of Miami Bid #RFQ 19-20-031 - Prof Engineering Services 1-395 Pedestrian Baywalk and Bikeway Bridge Project Creation Date Jul 15, 2020 Start Date Jul 16, 2020 5:18:33 PM EDT End Date Aug 28, 2020 5:00:00 PM EDT Awarded Date Not Yet Awarded RFQ 19-20-031-01-01 Proposal Supplier I Unit Price Qty/Unit1 Total Price Attch. Docs Jacobs Engineering First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: RFQ 19-20-031 Supplier Notes: Jacobs response to RFQ 19-20-031 to provide Professional Engineering Services for 1-395 Pedestrian Baywalk and Bikeway Bridge Project Perkins+Will First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: RFQ 19-20-031--01-01 Supplier Notes: Perkins &Will Architects, Inc. submission for RFQ 19- 20-031 NV5 First Offer- 1 /each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: RE Chisholm Architects, Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: N/A Supplier Notes: Berenblum Busch Architecture First Offer- 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: EXP First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Stantec Consulting Services Inc. I First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Bermello Ajamil and Partners Inc. First Offer - 1 / each Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Please accept the attached as the Bermello Ajamil and Partners, Inc., response to Bid # RFQ 19-20-031 - Prof Engineering Services 1-395 Pedestrian Baywalk and Bikeway Bridge Project. Supplier Totals f Bermello Ajamil and Partners Inc. Bid Contact Janeen Skelly ngarzon@bermelloajamil.com Ph 305-859-2050 Agency Notes: $0.00 Address 2601 South Bayshore Drive 10th floor Miami, FL 33133 Supplier Notes: Head Attch: DUI f Berenblum Busch Architecture 8/28/2020 $0.00 p. 1 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 City of Miami 19-20-031 - Prof Bid Contact Gustavo Berenblum Address 2200 NW 2nd Avenue, Suite gb@bbamiami.com 211 Ph 305-200-5251 Miami, FL 33127 Agency Notes: Supplier Notes: Head Attch: DUI f Perkins+Will $0.00 Bid Contact Jesse Lockwood jesse.lockwood@perkinswill.com Ph 305-569-1333 Bid Notes Perkins & Will Architects, Inc. submission for RFQ 19-20-031 Agency Notes: f RE Chisholm Architects, Inc. Bid Contact Robert Chisholm pbravo@chisholmarchitects.com Ph 305-661-2070 Address MIAMI, FL 33134 Supplier Notes: Head Perkins & Will Architects, Inc. submission Attch: for RFQ 19-20-031 it l $0.00 Address 782 NW 42nd Ave Suite #650 Miami, FL 33126 Agency Notes: Supplier Notes: Head Attch: f Stantec Consulting Services Inc. $0.00 Bid Contact Grace Morales Address 901 Ponce de Leon Blvd., grace.morales@stantec.com #900 Ph 305-445-2900 Coral Gables, FL 33134 Fax 305-445-3366 Agency Notes: Supplier Notes: Head Attch: f Jacobs Engineering $0.00 Bid Contact Alberto Lazaro alberto.lazaro@jacobs.com Ph 305-547-9126 Address MIAMI, FL 33143 Agency Notes: Supplier Notes: f EXP Bid Contact Kyle Henry kyle.henry@exp.com Ph 561-329-9263 $0.00 Address 201 Alhambra Circle Suite 800 MIAMI, FL 33134 Head Attch: fil Agency Notes: Supplier Notes: Head Attch: 8 f NV5 $0.00 Bid Contact Alicia Petrulis alicia.petrulis@nv5.com Ph 631-891-3211 Address 32 Old Slip, 4th Floor New York, NY 10005 Agency Notes: Supplier Notes: Head Attch: DUI 8/28/2020 p. 2 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 City of Miami 19-20-031 - Prof **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received may be available for inspection at that time. 8/28/2020 P. 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52 (Emergency Management - COVID-19 Public Health Emergency) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; and WHEREAS, the World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non -essential travel to or from those countries; and WHEREAS, on March 1, 2020, I issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for COVID-19, and COVID-19 poses a risk to the entire state of Florida; and 1 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, using of alcohol -based hand sanitizers with 60%-95% alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, the CDC currently recommends mitigation measures for communities experiencing an outbreak including staying at home when sick, keeping away from others who are sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high risk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health care provider; and WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the State of Florida. 2 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Section 2. I designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Additionally, I designate the State Health Officer and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. B. Designate additional Deputy State Coordinating Officers, as necessary. C. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. D. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension. Section 3. I order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. 3 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Section 4. I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such suspension issued by a State agency; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extensions. 4 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 C. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(j) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. E. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent necessary to meet this emergency. I direct each State agency to report the closure of any State 5 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. Section 5. I find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and the funds currently available may be inadequate to pay the costs of coping with this emergency. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section 6. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 7. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. 6 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 Section 8. All activities taken by the Director of the Division of Emergency Management and the State Health Officer and Surgeon General with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTEST: la/fAn11')1/1 E RETARY OF STAT IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 9th day of March, 20 7 DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-69 (Emergency Management — COVID-19 — Local Government Public Meetings) WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020, I wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place. Section 2. Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286, Florida Statutes. Section 4. This Executive Order shall expire at the expiration of Executive Order 20- 52, including any extension. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 20th day of March, 2020 RON DESANTIS, GOVERNOR ATTEST: SECRETARY OF STATE DocuSign Envelope ID: 80888083-58D9-4E9F-9D68-86D0A8155EA0 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 in accordance to Insurance Exhibit C contained herein. 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 equivalence. 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 $3,000,000.00 per claim, $3,000,000.00 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 Workers Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from the City accompanied by justification. 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. 13