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AGREEMENT INFORMATION AGREEMENT NUMBER 23619 NAME/TYPE OF AGREEMENT WOLFBERG/ALVAREZ & PARTNERS, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/PROFESSIONAL DESIGN SERVICES FOR MIAMI POLICE DEPARTMENT HEADQUARTERS FORTIFICATION - PROJECT B-70143, D5/MATTER ID: 21-987/#74 EFFECTIVE DATE October 1, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/30/2021 DATE RECEIVED FROM ISSUING DEPT. 10/8/2021 NOTE bLQVl CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Todd Hannon FROM: Luis Caseres Construction Procurement Assistant DATE: October 6, 2021 SUBJECT: RFQ1 9-20-004 - Professional Design Services for Miami Police Dept. Headquarters Fortification - Project B-70143, D5 Enclosed for your records is an original document described below, which was duly executed by all appropriate parties. Should you have any questions, please contact me at 305-416-1923. Thank you. Document Type: PSA-Project Specific First Party: City of Miami Second Party: Wolfberg/Alvarez and Partners, Inc. Program/Purpose: Professional Design Services for Miami Police Dept. Headquarters Fortification - Project B-70143, D5 Effective Date: 10/01/2021 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Professional Design Services for Miami Police Department Headquarters Fortification - Project B-70143, D5 Project Specific Wolfberg/Alvarez and Partners, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 GENERAL CONDITIONS 2.01 TERM 2.02 SCOPE OF SERVICES 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 2.04 COMPENSATION ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION 3.02 REMOVAL, OF UNSATISFACTORY PERSONNEL 3.02 CONSULTANT KEY STAFF 3.03 TIME FOR PERFORMANCE., 3.04 STANDARD OF CARE ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.02 SUBCONSULTANT RELATIONSHIPS 4.03 CHANGES TO SUBCONSULTANTS ARTICLE 5 DEFAULT 5.01 GENERAL 5.02 CONDITIONS OF DEFAULT 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE 6.02 CONSULTANT'S RIGHT TO TERMINATE 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS 7.02 DELIVERY UPON REQUEST OR CANCELLATION 7.03 RE -USE BY CITY 7.04 NONDISCLOSURE 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 7.06 E-VERIFY ARTICLE 8 INDEMNIFICATION ARTICLE 9 INSURANCE 9.01 COMPANIES PROVIDING COVERAGE 9.02 VERIFICATION OF INSURANCE COVERAGE 9.03 FORMS OF COVERAGE 9.04 MODIFICATIONS TO COVERAGE ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION 10.02 ENTIRE AGREEMENT 10.03 SUCCESSORS AND ASSIGNS 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10.06 NOTICES 10.07 INTERPRETATION 10.08 JOINT PREPARATION 10.09 PRIORITY OF PROVISIONS 10.10 MEDIATION - WAIVER OF JURY TRIAL 10.11 TIME 10.12 COMPLIANCE WITH LAWS 10.13 NO PARTNERSHIP 10.14 DISCRETION OF DIRECTOR 4 6 6 6 6 6 7 7 7 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 9 9 10 10 10 11 11 11 12 12 12 12 12 12 13 13 13 13 13 14 14 14 15 15 15 15 15 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 1 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.15 RESOLUTION OF CONTRACT DISPUTES 15 10.16 INDEPENDENT CONTRACTOR 16 10.17 CONTINGENCY CLAUSE 16 10.18 THIRD PARTY BENEFICIARY 16 10.19 ADDITIONAL TERMS AND CONDITIONS 16 10.20 SEVERABILITY 16 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 17 ARTICLE Al GENERAL 21 A1.01 SCOPE OF SERVICES 21 A1.02 WORK ORDERS 21 A1.03 PAYMENTS 22 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 22 A2.01 DEVELOPMENT OF OBJECTIVES 22 A2.02 SCHEMATIC DESIGN 22 A2.03 DESIGN DEVELOPMENT 22 A2.04 CONSTRUCTION DOCUMENTS 22 A2.05 BIDDING AND AWARD OF CONTRACT 22 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 22 A2.07 . TIME FRAMES FOR COMPLETION 22 ARTICLE A3 ADDITIONAL SERVICES 23 A3.01 GENERAL 23 A3.02 EXAMPLES 23 A3,03 ADDITIONAL DESIGN 23 ARTICLE A4 .REIMBURSABLE EXPENSES 23 A4.01 GENERAL ' -23 A4.02 SUBCONSULTANT REIMBURSEMENTS • 24 ARTICLE A5 CITY'S RESPONSIBILITIES 24 A5.01 PROJECT AND SITE INFORMATION 24 A5.02 CONSTRUCTION MANAGEMENT 24 SCHEDULE Al - SUBCONSULTANTS 25 SCHEDULE A2 - KEY STAFF 25 ARTICLE B1 METHOD OF COMPENSATION 26 131.01 COMPENSATION LIMITS 26 B1.02 CONSULTANT NOT TO EXCEED 26 .ARTICLE B2. WAGE RATES 26 BINFEE BASIS 26 82.02 EMPLOYEES AND JOB CLASSIFICATIONS 26 132.03 MULTIPLIER 26 B2.04 CALCULATION 26 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 27 B2.06 ESCALATION 27 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 27 133.01 LUMP SUM 27 B3.02 HOURLY RATE FEES 27 B3.03 REIMBURSABLE EXPENSES 27 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 28 83.05 FEES FOR ADDITIONAL SERVICES 28 B3.06 PAYMENT EXCLUSIONS 28 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 28 ARTICLE B4 PAYMENTS TO THE CONSULTANT 28 B4.01 PAYMENTS GENERALLY 28 B4.02 FOR COMPREHENSIVE BASIC SERVICES 29 B4.03 BILLING - HOURLY RATE 29 B4.04 . PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 29 B4.05 DEDUCTIONS 29 ARTICLE B5 REIMBURSABLE EXPENSES 29 B5.01 GENERAL 29 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 30 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B6.01 GENERAL" 30 SCHEDULE B1 - WAGE RATES SUMMARY 31 SCHEDULE B2 - CONSULTANT INVOICE 32 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 2 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF IVIIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Professional Design Services for Miami Police Department Headquarters Fortification - Project B-70143, D5 Project Specific Wolfberg/Alvarez and Partners, inc. 75 Valencia Avenue, Suite 1050. Coral Gables, FL 33134 Section 18-87, City of Miami Code 19-20-004 THIS PROFESSIONAL SERVICES AGREEMENT ('1PSA" or "Agreement") made this Cam) day of GA-019e-r— in the year 2021 by and between THE CITY OF MIAIVII, FLORIDA, hereinafter called the "City," and Wolfberg/Alvarez and Partners, Inc., hereinafter called the "Consultant." RECITAL WHEREAS, the City issued a Request for Qualifications ("RFQ") No• 19-20-004 on January 31, 2020, for the provision of Professional Design Services for Miami Police Department Headquarters Fortification — Project B-70143, D5 ("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). 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: Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 3 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 Police Department ("Police") and City of Miami's Office of Capital Improvements ("OCI"). 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 Police Department, Office of Capital Improvements, or their authorized designee(s). 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 FORCE MAJEURE A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink tole,- other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. 1.16 inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive Issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 4 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.19 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, 1.20 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. 1.21 Program means the City's multi -year Capital Plan, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.22 Protect means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a Clty 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. 1.23 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 taws 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 es "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.24 Professional Services Agreement ("Agreement" or "PSA") means this Agreement,- ail 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, 1.25 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. 1.26 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. 1.27 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. j 1.28 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. 1.29 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. 1.30 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. 1.31 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1,32 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.33 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. Professional Design Services far Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 5 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 Prospective Firms must (shall) adhere to the following requirements: 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing; 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.cov/smaflbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2,04 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 $271,544.90, 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 Lump Sum of $237,459.00 for Basic Services, depending on' the fortification options chosen by the City, $10,340.00 for Dedicated Allowances, and $23,745.90 for the Owner's Contingency Allowance.. The City may, In Its sole and absolute discretion, use other compensation methodologies. The City shall not have any (lability, 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 thls 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. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 6 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 writtenjustification 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. 3.02 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. 3.03 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. 3.04 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Secretary of the Interior's Standards for Rehabilitation guidelines, 36 CFR 67, Florida Division of Historical Resources. 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 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 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 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 7 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 services necessary for a protect 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 Subconsuitants, 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 SURCONSULTANTS 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 falls to perform any of Its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the. City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating thls 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/ ['censure, 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 sp'cified 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 thls Agreement. 5.03 TIMir TO CURE DEFAULT; FORCE MAJEURE In the event that either party is delayed In the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues, Any party seeking delay In performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. Notwithstanding the above stated, Contractor delays in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event shall remain at all times subject to City acceptance and approval of the same and subordinate to all other terms and conditions of this Agreement. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 8 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, Including all electronic (digital) copies related to Work authorized under this Agreement, whether firilshed 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 a reason 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, 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. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 9 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.03 RE -USE BY CITY It Is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that Intended by the terms and conditions of this Agreement. 7.04 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 bylaw; whore 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 iri 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 aro 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 Cityupon 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 IMPROVEMENT WHO IS ADMINISTERING THIS CONTRACT ON BEHALF OF THE CITY OF MIAMI DEPARTMENT OF POLICE. Professional Design Services far Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 90 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, Instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, Including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons _ .. . -employed or- utilized -by -Consultant -in -the -performance of services-tinder-this=Corie�=-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. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 11 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator, All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition, 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of Insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and in accordance to Exhibit B, "Insurance" contained herein. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements, The Consultant shall furnish certificates of insurance pertaining to this Agreement to the Procurement ___Departmentand_Risk_Admi0is r_atorwlthiin_ten.(10)_buslaess_days of_ writtearaquest.__ 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 $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 coveragefor all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 including 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 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 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a 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 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 12 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and Integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered 'in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, In whole _—or-.in-part, by -the --Consultant without the- written-cons_ent-of..the _City,-actincs=loy=and=ahrowcdh its =Gib 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 sult or action brought by any pally, concerning this Agreement, or arising out of this Agreement, shall be brought in Miaml-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 mall, 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: Far 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 cr,miamigov.com Phone: 305-416-1025 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 13 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2"d Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerezc miamloov.com Phone: 305-416-1910 Victoria Mendez, City Attorney Office of the City Attorney C_lty_ofMtam l—___---___ 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictorlaMendez(amiamigov.com Phone: 305-416-1832 • Angel R. Carrasquiilo, Director •Office of Capital Improvement City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: AnCarrasquIlloCa miamigov.com Phone: 305-416-1225 For Consultant: Marcel R. Morlote, R.A., President Wolfberg/Alvarez and Partners, Inc. 75 Valencia Avenue, Suite 1050 Coral Gables, FL 33134 Email:MMorlote(u,wolfbergalvarez.com Phone: 305-666-5474 . 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 es "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. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 14 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 shalt 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. =1-0:17=4IME -- -- — 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 riot 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 Cornpilance 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 1 and 11 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. Thls Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee, 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution In the following manner. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 15 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 fall to resolve the dispute the Consultant shall submit their dispute In writing, with all supporting documentation, to the Directors of Police and OCI, as Identified in Article 10.06, Notices. Upon receipt of said notification, the Directors of Police and OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Directors of Police and OCI fall 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_shaI Loa nstitute_ac�eptance_of_the_finding_by_tbe_C_onstiltant..AmeaLto tfle_City_Manager -or-tlieir Tesolu-tion—is required prior to the Consultant being entitiarto seek judicial relief -Ili 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 • (lip 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 project 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 ADDITIONALTERMS 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 solo opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABiLITY If any term or provision of this Agreement, or combination of the same, is In violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the Intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection. shall not apply if there Is a material breach of this Agreement causing cancelation or cancellation for convenience. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 16 PROFESSIONAL- SERVICES AGREEMENT- EXHIBIT 1 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed In counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), ,which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 17 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed thls Agreement as of the day and year first above written. WITNESS/ATTEST: Signature .V1NC., ATTEST: cretary (Affi onsultant Seal, If available) ATTEST: Todd B. Hanno APPROVED AS TO INSURANCE REQUIREMENTS: GomezFrank Digitally signed by Gomez, Frank / Date: 2021.08.18 09:18:33-04'00' Ann Marie Sharpe, Director Risk Management Department Wolfberg/Alvarez and Partners, Inc., a Florida Corporation lei psiCA 1,,r` I /Jr - Signature Marcel R. Morlote, R.A., Presideri'q, `' tt (Corporate Seal) rlllJlllllll rll'•r CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Norie• - , City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Digitally signed by Mendez, Victoria Cr-""--Date:2021.09.01 14:50:51-04'00' Victoria Mondez, City Attorney PRV /Matter 1987) • Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 18 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Wolfberg/Alvarez and Partners, Inc., a c rpor Ion organized and existing under the laws of the State of Florida_, held on theclday of 1°'a rest Jlution was duly passed and adopted authorizing (Name) MKcEI.R•MOptd1tas (Title) KtSttENT 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 3 day of 14UGO5t of 2021. Secretary: Print: 41 f iviu IVgV� CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of , a partnership organized and the laws of the State of , held on the day of was duly passed and adopted authorizing (Name) (Title) of the partnership to execute agreements on partnership and provides that their execution thereof, attested by a partner, shall 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: • Directors of existing under , a resolution as behalf of the be the official Name • Street Address City State Zip Professional Design Services for. Miami Police Department Headquarters Fortification - D5 RFQ No. 19-20-004 19 .,orrpv SM..Y. • 1...Y.1.114/114.0.11n.Y1TYPYYTY.141fla. 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•Agreeme.nt and submit the appropriate Certificate of Authority (corporate, partnership, or individual). Ynnt CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) MA t... • o0.5 business as (d/b/a) _ u M 'AL\ i_eg 7 executed and am bound by the terms of the Agreement to which this IN WITNESS EREOF, I have hereunto set my hand this 5 Signed: Print:VI Cti.. NOTARIZATION STATE OF I 1 O f1tda, COUNTY OF MtGIS111 —Onde The foregoing instrument ). )SS:� was (acknowledged before , 20 �-\ , by 1VMUret l K. Hoare . to me or who has produced did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Ympnol 1.1wi n ODALUS VIDAL , Commission ak HH 038899 024 't'oFFt.et'©aandedlTlweadpeltiolres October leryySetkees , Individually and doing J (If Applicable) have attestation is attached. day of V6. , 20 21. me this day of , who Is personally known as identification and who (did / Professional Design Services for Miami Police ' RFC) No, 19-20-004 Department Headquarters Fortification - D5 20 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A .. SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall complete a design for the fortification of the Miami Police Department Headquarters. The Consultant has experience In retrofitting existing law enforcement, fire department and/or governmental facilities for fortification purposes, . A1.01 SCOPE OF SERVICES The Consultant shall provide comprehensive architectural and engineering services necessary to complete the design for the fortification of the Miami Police Department Headquarters located at 400 Northwest 2"d Avenue, Miami, Florida 33128. The Can-s_ultant`_s=scope_of-ser-vice-s7shall-1Nclude—but-Is-not=limited-to—the-following. ■ Conducting..a site visit and review of the Department of Homeland Security's Vulnerability Assessment report. Successful Proposer shall perform all necessary site visits along with City staff to determine the final Scope of Work; and ■ Surveying the site and creating digital drawings of existing conditions (Please note: City does not have digital copies of the existing site plan); and ■ Preparing conceptual design plans based on site survey data and the existing Department of Homeland Security Vulnerability Assessment report; and ■ Meeting with the user department to review interior and exterior scope of work, based on the approved conceptual design; and ■ Coordinatingwith the appropriate City departments for compliance with all applicable statutes, regulatlons,.codes, ordinances, and policies, as well as the City's Art in Public Places requirements; and ■ Developing schematic design drawings and prepare an estimate of probable development costs, based on input received from the user department. The Successful Proposer shall coordinate with all required additional disciplines Including, but not limited to, Landscape Architecture, and Civil, Structural, and Mechanical, Electrical and Plumbing (MEP) Engineering, through the team's Sub - Consultants; and • Meeting and coordinating with the user department to obtain final approval of schematic design and probable cost estimate; and • Preparing a.full set of construction documents and specifications based on the approved schematic design. The full set of construction documents and specifications shall be fully permitted and ready for a construction bid; and • Assisting with the dry run process and providing responses to all review comments as well as all required plan revisions; and • Assisting in the bidding process for the construction phase and responding to any request for information (RFI), including any necessary changes to the construction documents; and • Acting as the City's Design Consultant throughout the construction phase, and providing construction administration services, Including periodical site meetings, preparing responses to any RFI, shop drawing review and approvals, preparing meeting notes, and approval logs. A more detailed version of scope of work is included in Exhibit A, "Consultant Work Order Proposal." A1.02 WORK ORDERS , When OCI (In communication with Police) 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 Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 21 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 (in communication with Police) 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-; N-T-P-and/ar-Pur-ehase-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 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 Chapter481 of the Florida Statutes and Rules 61G1-11 through 61G1•• 25 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 DEVELOPMENT OF OBJECTIVES 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. Development of Objectives Schematic Design 91 days 119 days Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 22 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT I Design Development 161 days 100% Construction Documents 245 days Dry — Run Permitting 329 days Bidding and award of Construction Contract 413 days Construction Contract Administration 749 days ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally consider ed-to-be-beyond-the-seepe-of=the=BasIc-Services; A-dditloml-Ser-vices=shalf-erthet=be--- iden Ified1n a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services, A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. . . A3.02-2 Specialty Design: Any additional special professional services not Included in the Scope of Work. A3.02.3 Pre -Design Surveys and 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 and 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 Cityin 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 Professional Design Services for Miami Police RFQ No, 19-20-004 Department Headquarters Fortification - D5 23 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 Soli 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, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. . ARTICLEA5 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, glving 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: Soli 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 Protect 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 recelpt. 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, Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 24 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al -• SUBCONSULTANTS FIRM NAME CONSULTING FIELD WOLFBERG ALVAREZ AND PARTNERS, Inc. Architecture and Engineering SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Marcel Morlote . Principal Raul Estevez Cost Estimator Aristides Garcia Rafael Labrada David Vazquez Senior Project Manager/Designer Senior Project Manager/Designer Project Architect Enrique Rey Rolando Arias Cesar Henan Project Architect Lead Engineer Lead Engineer Armando Rodriguez Juan Pedraza Odalis Vidal Senior Engineer Engineering Designer Clerical Babel< Sabeti Designer/CAD Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 28 PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD J. BONFILL & ASSOCIATES INC. LAND SURVEYORS SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Jacqueline Bonfill Oria Jannet Suarez Principal Surveyor of Record Gonzalo Paz Surveyor Computer Cesar Borroto Marilyn Bonfill Sarasola Juaquin Araya Joaquin Gomez Anthony Corces • Draft Person Project Manager Field Crew — Party Chief Field Crew— Senior Technician Field Crew — Junior Technician Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD CURTIS & ROGERS DESIGN STUDIO INC. LANDSCAPE ARCHITECT SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Aida Curtis Principal Marla Boldu Gustavo Daflman Senior Landscape Architect Senior Planner Rafael. Ferrer Landscape Architect Jennie Rogers Certified Arborist Ruben Colon Landscape Designer Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 30 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD RH ENGINEERING GROUP, INC, STRUCTURAL ENGINEERING SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Roberto Hernandez Principal Marlys Molina Boan Ortiz Engineer .CAD Technician Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 31 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B v 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 In-IiMitBd-t0 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 orresponsibility 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. 82.02 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, focal 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. Professional Design Services for Miami Police RFQ No. lg-20-004 Department Headquarters Fortification - D5 26 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 E33 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreementrfees- 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 Clty 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 Clty may require Consultant, to verify or justify Its requested Lump Sum compensation. Such verificationshall 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 quahtities 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. Professional Design Services for Miami Police RFQ No. 1.9-20-004 Department Headquarters Fortification - D5 27 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 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 http://www.miamloov.com/MiamiCaoltal/forms,html. The-webpage-also-provides-the-precedures-for-complefing-these-forma—Failu to=use-tl' foams -or -fellow 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 localtelephone 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 84.01 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 he found on the OCI website at htto://www.miaminov,comlMiamiCapital/forms,html. Failure to submit involce(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 rejectionof the invoice. Professional Design Services for Miami Police RFQ No.19-20-004 Department Headquarters Fortification - D5 28 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 tb 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. Professional Design Services for Miami Police RFQ No. 19-20-004 Department Headquarters Fortification - D5 29 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 Any r_euserzf_eun ltant-prepared-documents; exeeptfor-the-specific-purpose intenzied hereunder, will be at Client's sole risk and without liability or legal exposure to Consultant or its subconsultants. END OF SECTION Professional Design Services for Miami Police RFC) No. 19-20-004 Department Headquarters Fortification - D5 30 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE S1 -- WAGE RATES SUMMARY WOLFBERG ALVAREZ AND PARTNERS, INC. JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE ADJUSTED AVERAGE HOURLY RATE . (2.9 Home Multiplier Applied) (2.4 Field Multiplier Applied) ---- 1.80;00-----._ ga; �•i,:": < = :z- : : fit -:: Prlricc al Senior.Project Manager/Designer $50.00 $145.00 $120,00 Project Architect $38.50 $111.65 $92.40 Lead Engineer $62.50 $181.25 $150 Senior Engineer $38.57 $111.85 $92.57 Engineering Designer $27.00 $78.30 $64,80 Designer/CAD $34.11 $98.92 $81,86 . Cost Estimator $55.50 $160.95 $133.20 Clerical $27.50 $79.75 $66.00 • .:i:.ly::�.)r'.-: Mom.::-�J.C�. • r ._u'� 'i' pyn:.-t!•M%chit >}off;:+'`''}`-,s`"iciy� > {;•:sr'.dssa Flat rate, no multipliers applied. Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 37 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B COMPENSATION AND PAYMENTS SCHEDULE Bi -- WAGE RATES SUMMARY J. BONFILL AND ASSOCIATES, INC. JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE ADJUSTED AVERAGE HOURLY RATE —(2,9-Home--(2.4 Multiplier Applied) FI-d = Multiplier Applied) Principal $180.00 - - Surveyor of Record $40.00 $116.00 $96.00 Surveyor Computer $27.00 $78.30 $64,80 Draft Person $20.00 $58.00 $48.00 Project Manager $50.00 $145.00 $120.00 Field Crew — Party Chief $20.00 $58.00 $48.00 Field Crew — Senior Technician $16.00 $46,40 $38.40 Field Crew — Junior Technician $16.00 $46.40 $38.40 (*) Flat rate, no multipliers applied. Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project 8-70143 RFQ No. 19-20-004 38 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE BI - WAGE RATES SUMMARY CURTIS& ROGERS DESIGN STUDIO, INC. JOB CLASSIFICATION NEGOTIATED ADJUSTED AVERAGE HOURLY RATE Home--(2;4-Field ADJUSTED AVERAGE HOURLY RATE (2:9 Multiplier Applied) Multiplier Applied) _ 2--------- ,... ' :,, --Principal— — .-------__--- Senior Landscape Architect $68,00 $197.20 $163.20 Senior Planner $64.00 $185.60 . • $153.60 Landscape Architect $57.00 $165.30 $136.80 Certified Arborist $40,00 $116,00 $96.00 Landscape Designer $32.61 $94.60 $78.26 • zild�r-rem F�Y�� s. t:'� :,"�rifY ?� ':isue;r at rate, no multipuers appuea. Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 39 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B COMPENSATION AND PAYMENTS SCHEDULE B'1 - WAGE RATES SUMMARY RH ENGINEERING GROUP, INC. JOB CLASSIFICATION • NEGOTIATED ADJUSTED AVERAGE HOURLY RATE ADJUSTED AVERAGE - HOURLY RATE —(2.9=Home— Multiplier Applied) —(2:4-Fi-el-d Multiplier Applied) Principal $200 Engineer $32.00 $92.8 $76.80 CAD Technician $22.00 $63.8 $52.8 • do , ; 1'}+ii,?,�::'op<e.li _• } g+i `=u:::'.ir fir, •:t(;;1.' i.•r'3-.4 ..`.tLi ('A) Flat rate, no multipliers applied. Professional Design Services for Miami Police Department Headquarters Fortification - D5 Project B-70143 RFQ No. 19-20-004 40 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B — COMPENSATION AND PAYMENTS SCHEDULE B2 — CONSULTANT INVOICE is it',I v'1!r,.JL' `.C••}$'•,.fqe� l:aYY tf�;7?'ie 9,a; 4 4tv mplp..o se: ��r ^-; 1 +a f W. tI. ;�.t' �� :5+. •�:'�:+t� ; 4.3 Ss/.1 •� ti.S1i;y 4} (jam ra<i<ig.• il�+El'F' Q� 1" � .ti ' y° ' i�`'� . `� = ;h (1 4 J•1 i '1n:9% H ts1a'We Jrsa 1 i„,_,R �CITYIO i MIA ,}r 5u P! ( .� Y-,a 'c{;-=�F ` a�=F' ?:t;•�4,t f,>., �X y:r�� •, 5 ,.:?'Hb �x r !. - ' f �(?k ) ^J"` v;;..:':l::r.^.)( ., ,,,„,• tj`' 4} OF.;F�CaCCa..,�OF(C/1llpsii yj(ri. OVEME d u ° tl,.f j* >l•1 �.L�'_�' _ulyt',fY, q � �ya:•nii(+b4 � J.Y�'r:y2n,. hi; •.i�'4 h-.L't.tlYain�i�l. �,yY+' � i 'i+ • ti4- h rT, '� '.-��'� ' xa 0 I o'Ncl 'yjj y`dny04, {T�1ociN3l1ifiANj''Sf / .alitq.I othE ire»_ k J:u 2 'Z.:Sel:. z . h-s.t.l_.vdr,•. ;4:.!:c ti- iyaI�G. ti: i?Y m,vil,F;t_arar %I a! 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Purchase Order Nv.:l • • - Allee uppropdalo back-u1, docuntunlo to anah Invoke: - Work Orator No:! eERVICE !•� - ..'CONTRACTAhfOUNT( =°%COMPLETb' .. O DATE. ^PjiEVICiIISLY1NV01bED, - . .. • ��i%CI1RRIiP{'jINVOIt`,GAMOIINT: Schematic Doo10n (SDL '$ - 0% $ . . $ • $ - Design Development (OD) $ • • 0% $ _ - $ ' - 30%Construction Documents (30% CO1 $ - 0% $ • $ - $ - GC% Construction Documents (GO % CD) '$ '• 0% $ $ 00°%Construction Documonla (e0% CD) $ 0% L , $ - $ - 100% Construction Documents 1G0%CD OClit. nF.'901llnp___,_,�-+___„-_____,__._-_._ -•_,_,__,�____,-......_....__.. $ . - 0%- _._._.-..—.. _.. ,....._.._.._:__.. ._..__._,..--_� eltldIngE ollatIoaPhosa $ 0% $ • $ ----• . $ Construction Adminfelrallon CAL_ $ . 0% $ $- L —.._0% $ - $ .__ ,__.._.._ _ • $ -� _ -- $ -.... 0% $ • • $ • $ - 3 D°% 1 . $ . s - $ . 0% $ • - $ . - $ - $ 0% $ • $ $ _ Reimbursable gHermas $..- - 0% j - ; J - ' . - I, - 1, (-'Mlle) _� - 0% - $ • $ - 2.�IIloi_ $ • _..$ 0% $. • J • _ 3,)TIIIoL $ 0% $ - $ - _L_ $ $ 0% $._._ • ' $ • $ - Addillonal 6eru ces $ - 0% $ - $ - - '-' - 1. (Title) - $ 0% $ • $ - $ - 2. (TI$) . . . 0% $ .. $ •$ . - 3, (Title), J • 0% $ . • $ - $ , $ • 0% $ _ $ $ - TOTAL:I $ $ • $ • $ - ' Subtotal: $ - _ _ Prlor to this Involco Romcining Controot Balancoll-$ •' I Doductlane: Total Duo : $ - I I f I i - `:-.TO BE COMPLETED BY CONSULTANT FIRM -, ' • . ' .. . . CERTIFIED TRUE AND CORRECT BY: SUPPORTING DOCUMENTSCHECKLIST: Activation Lollar el Phase being Invoiced: Supporting Documents (or Invoice; Conoln!c0on Status Roped: (Signature o(Pdnclpol) Final Payment Documents: Additional SaMca Authorizations: . was. Name and Title orPrincfpal) ' AREA TO BE COMPLETED BY CITY OF.MIAMI . • • CITY OF MIAMI APPROVAL: . - :':.DATE •:. •.. i : •i: t ' • ' •:.. ':'?:'IMMATURE ;': • ' • •' •.'+••!' :.:'•. : Date Rocoivad am 0 PROJECT -MANAGER r• ••- •• •:• :•• CHIEFPROJECT.MANAOER....•::;• Hector Battle Date Rocelved for Payment Processing (Budget Department): ASSISTANT DIRECTOR . •:: •: •' ••• Steven C. Williamson ' DIRECTOR Professional Design Services for Miami Police Department Headquarters Fortification.- D5 RFQ No. 19-20-004 32 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Luis Perez-Codina/Luis Caseres EXT. NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Wolfberg/Alvarez and Partners, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $271,544.90 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ■❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ YES 0 NO ❑ PUBLIC WORKS AGREEMENT 0 MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT 0 LEASE AGREEMENT El PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Professional Design Services for Miami Police Department Headquarters Fortification - D5, RFQ 19-20-004 COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: 0Nil 0 � ?,, `w:1a2",_'',�s��rt'"Ffkn3 � er �i�.� Date Signature/Print .y�i'���"�'s�is'�w•' APPROVAL BY DEPARTMENTAL DIRECTOR 08/18/2021 for AP Digitally signed by Ponasel - 8outurelra, Fernando Date: 2021.08.1808:55:19 -04'00' SUBMITTED TO RISK MANAGEMENT Ann -Marie Sharpe Gomez, Frankp=BDY1ai9-0a•OR SUBMITTED TO CITY ATTORNEY 9/1/21 Digitally signed by Ct rla 'p�JJ',' z`e Mendez. Victoria Cf''' {"( ;Date:20210Z 14:50:23-04'00' APPROVAL BY BUDGET OFFICE 09-21 2021 on MI'ehel Digitally signed by Michel, iChef Le0I:1 bate: _Date: 2021 signs b 1 . i 10.91.32 •04'08' APPROVAL BY ASSISTANT CITY MANAGER j-j ���6 rJ Fernando C r ' . APPROVAL BY DEPUTY CITY MANAGER Nzeribe Ihekwaba RECEIVED BY CITY MANAGER , Arthur No i' SUBMITTED TO AND ATTESTED BY CITY CLERK Todd Hanno 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 MANA PR21210 PROFESSIONAL SERVICES AGREEMENT OR AMENDMENT OVERVIEW PSA TITLE: Professional Design Services for Miami Police Department Headquarters Fortification — Project B-70143, D5 — RFQ 19-20-004 — Wolfberg/Alvarez and Partners, Inc. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ 500,000.00 City Manager — Authority level of $ 500,000.00 0 City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: M RFP/Q 0 ITB 0 SOLE SOURCE 0 PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 0 OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ■ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 5. WHAT IS THE SCOPE OF SERVICES? The scope of services includes, but is not limited to, (1) surveying the site and creating digital drawings of existing conditions; (2) preparing conceptual design plans based on site survey data and the existing Department of Homeland Security Vulnerability Assessment report; (3) meeting with the user department to review interior and exterior scope of work, based on the approved conceptual design; (4) assist with the dry run process and providing responses to all review comments as well as all required plan revisions; (5) preparation of a full set of construction documents and specifications based on the approved schematic design, which will be permitted and prepared for a construction bid; (6) assistance in the bidding process for the construction phase and responses to requests for information received; (7) and serving as the City's Design Consultant throughout the construction phase, providing construction administration services, including periodical site meetings. 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Miami Police Department, Office of Capital Improvements. 7. IS THE AWARDEE THE INCUMBENT? No 8. IS THE PRICING HIGHER, LOWER OR THE. SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 10.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Evaluation Committee pursuant to Florida Statutes, Section 287.055. Client#: 1050247 WOLFBALV ACORD., CERTIFICATE OF LIABILITY INSURANCE 1DATE(MMIDD/YYYY) 3/30/2021 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 poIicy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s), PRODUCER USI Insurance Services, LLC 2502 N Rocky Point Drive Suite 400 Tampa, FL 33607 CONTACT NAME: PHONE 813 321-7500 FAX WC, No, Ext): I (A/C, Nol: EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC ff INSURER A: Phoenix Insurance Company 25623 INSURED Woifberg-Alvarez &Partners, Inc. 75 Valencia Avenue Suite 1050 Coral Gables, FL 33134 INSURER B : Travelers Property Cas. Co, of America 25674 INSURER c: Certain Underwriters at Lloyds 1122 INSURER D ;Travelers Indemnity Company of CT 25682 INSURER E: INSURER F : CERTIFICATE 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 PAIDDCLAIMS. LTR TYPE OF INSURANCE INSRL UDR POLICY NUMBER JI M/ XSTYM) (MMIOIUIYEYYYLJ LIMITS A X —1 COMMERCIAL GENERAL LIABILITY X X 6608216L314 10/26/2020 10/26/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ee ne merits) $ 1,000,000 MED EXP (My one person) $10,000 _ PERSONAL & AOV INJURY $1,000,000 GEMLAGGREGATELIMITAPPPUESPER: GENERAL AGGREGATE $ 2,000,000 P POLICY X JECT l i LOG PRODUCTS -COMPIOPAGO $2,000,000 OTHER: Approved by Frank Gomez 04/05/2021 $ D AUTOMOBILE LIABILITY X X BA1 R155603 10/26/2020 10/26/2021 te° aadgp INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ AWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ X R AUTOS ONLY X AUTOS NON•OWNEDONLY PROPERTY DAMAGE (Per accident) $ $ B x UMBRELLA LIAB X OCCUR X X CUP7310Y773 10/26/2020 10/26/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE '$5,000,000 DEO I XI RETENTON$10 000 I $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X UB7J273173 10/27/2020 10/27/2021 X sEATUTE I OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? l I N /A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 OESdRIPTIION OF OPERATIONS below EL. DISEASE -POLICY LIMIT $1,000,000 C Professional Liability 10143L210297 03/29/2021 03/29/2022 $1,000,000 per claim $3,000,000 anni aggr. F DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Professional Liability coverage is written on a claims -made basis. Retro Date 02/29/2009 Project Description: Professional Design Services for Miami Police Department Headquarters Fortification-D5 Project B-70143 City of Miami Is an additional Insured with respects to General Liability on a primary and non-contributory basis as required by written contract. As well as additional insured with respects to Auto Liability and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O - fit. Od-C1Le ACORD 25 (2016/03) 1 of 2 #531616713/M31615950 ©1988-2015 ACORD CORPORATION. All rights reserved, The ACORD namo and logo are registered marks of ACORD PCCZP DESCRIPTIONS (Continued from Page 1) Excess Liability as required by written contract. Coverage Is afforded for contingent and contractual exposures as required by written contract. Thirty Days notice of cancellation (30) calendar days and ten (10) business days for non payment. SAGITTA 25.3 (2016/03) 2 of 2 #S31616713/M31615950 «j Reply all v ® Delete ® Junk Block ••- RE: COI-Wolfberg Alvarez & Partners Exp 10-26-2020 © Label: Delete: 10 Years (10 years) Expires: Thu 4/3/2031 11:02 AM GF Mon 4/5/2021 11:02 AM To: Caseres, Luis Cc: Quevedo, Terry Gomez Jr., Francisco (Frank) Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPU 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, April 05, 2021 10:51 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: Fw: COI-Wolfberg Alvarez & Partners Exp 10-26-2020 Good morning, Please review and approve. Best regards, Th CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: June 23, 2021 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation for Award of Contract for Professional Design Services for Miami Police • Department Headquarters Fortification - D5 REFERENCES: Request for Qualifications ("RFQ") No. 19-20-004 ENCLOSURES: Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List, Consultant May 17, 2021 Revised Proposal RECOMMENDATION Based on the findings below, the Department of Procurement ("Procurement") hereby recommends, on behalf of the Miami Police Department (MPD), the award of a professional services agreement (PSA) to Wolfberg/Alvarez and Partners, Inc. ("Wolfberg" or "Consultant") for Professional Design Services for MPD Headquarters Fortification (the "Project"). The City of Miami ("City") is in need of engaging the Consultant to develop comprehensive architectural and engineering plans for the fortification of the MPD Headquarters, The Consultant shall provide the interdisciplinary services necessary to complete the detailed architectural and engineering plans for the City that shall encompass all necessary documents and specifications required for the future advertisement of an Invitation to Bid ("ITB"), which will be solicited separately from this RFQ. Also, the Consultant shall act as the Owner's Representative throughout the construction process. The Consultant's Scope of Services includes, but is not limited to, architecture and engineering design, preparation of "as -built" drawings, alternative design analysis, cost estimating, review of contractor shop drawings and products, responding to contractor requests for information (RFI's), recommendations on certificates for payments, substitution reviews, attending construction meetings and performing periodic field visits during the construction phase. Wolfberg's proposal outlines the fortification of four (4) entry points to the MPD Headquarters building with three (3) options for the main lobby. The remaining three (3) entry points include the Cafeteria, the Guardhouse entering the parking garage, and the East Entry door on NW 2"d Avenue. The proposal has been prepared with a multi -phased format, with Phase I being the preparation of Conceptual Designs and 3-D depictions of the proposed fortification improvements, along with Order -of -Magnitude Construction Cost Estimates for each fortification Item. The 3-D renderings will convey the general configuration and architectural look of the proposed improvements. Based on the approved Conceptual Designs from Phase I, the City, at its sole discretion, will choose the desired fortification improvements to authorize Phase II, wherein Wolfberg will proceed with the preparation of Schematic Designs of the selected option. Following the City's review and approval of the Schematic Design, Wolfberg will proceed with the remaining Phases required to complete the Project which include Phase III — Design Development Documents; Phase IV — Construction Documents; Phase V — Permitting; Phase VI — Bidding, Negotiation, and Award; and Phase VII - Contract Administration During Construction. PR21158 Page 2 - Recommendation for Award of Contract for Professional Design Services for Miami Police Department Headquarters Fortification - Arthur Noriega V, City Manager FISCAL IMPACT The total potential fiscal impact of this Project will vary between $91,959.00 and $271,544.90, including a ten percent (10%) Owner's Contingency Allowance, depending on which of the fortification options the City approves. Wolfberg's fully detailed final fee proposal dated May 17, 2021, has been attached herein for your convenience. BACKGROUND On January 31, 2020, Procurement issued Request for Qualifications ("RFQ") No. 19-20-004 for the provision of design services for the Project, on behalf of the MPD. Subsequently, 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. Simultaneously, Procurement received two (2) proposals in response to this solicitation from Wolfberg and Architects Design Group/ADG, Inc. Consequently, the proposals were reviewed by Procurement staff, upon which both proposals were deemed responsive and responsible In accordance with the minimum qualifications and experience requirements of the RFQ. The Step 1 Evaluation Committee Meeting was held on December 18, 2020, and negotiations were authorized on January 25, 2021. Negotiations with Wolfberg were commenced with the kickoff meeting on March 11, 2021. The City's Negotiation Committee was comprised of Major Richard Perez with the MPD, Wanda Mendez, an MPD civilian retiree, and Robert Fenton, an experienced Construction Project Manager from the City's Office of Capital Improvements. After reviewing and discussing the Project scope with Wolfberg during the kickoff meeting, Wolfberg and the Committee held a site visit and tour of MPD Headquarters on March 16, 2021. The tour allowed Wolfberg and Committee members to visit all of the building entry points needing fortification. After the site visit, Wolfberg provided the Committee with Its Initial fee proposal dated April 15, 2021. After reviewing Wolfberg's initial proposal, the Committee determined that further discussion and clarification of certain matters included and not Included within the initial proposal would require subsequent meetings with Wolfberg and revisions to the proposal. Among other things, the Committee required that the proposal provide options for the fortification items to be presented, as well as conceptual and schematic phases to provide the City with the option of choosing which fortification items are desired prior to completion of detailed construction drawings. Following two (2) revisions to the Consultant's initial proposal and subsequent meetings to discuss and clarify items in the revised proposals, the Committee determined that Wolfberg's proposal dated May 17, 2021 contains the clarity needed to allow the City to make the prudent choices required to proceed with the design process. Consequently, approval of this recommendation is requested. Execution of the ensuing PSA will be completed upon your approval. Your signature below indicates your approval of Procurement's recommendation. Approved: ; Date: 1 l (e Arthur Norieg V, City Manager c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Fernando Casamayor, Assistant City Manager, Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Art Acevedo, Chief of Police, Miami Police Department Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR21158 CITY OF M1AMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Anthony Rolle/Luis Caseres EXT. NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Wolfberg/Alvarez and Partners, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? 0 YES [j NO TYPE OF AGREEMENT: Li MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) City Manager Memo ❑ YES 0 NO ❑ PUBLIC WORKS AGREEMENT 0 MAINTENANCE AGREEMENT ❑ INTER -LOCAL. AGREEMENT 0 LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY) Recommendation for Award of Contract for Professional Design Services for Miami Police Department Headquarters Fortification - D5 COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A •dtT µ;t?�'f•v.')ta` 'aWFr�n�t3-W• ." fia-__.rs(fJ" xa'9opg1fiIGiWMG?af�ga�, ,}a, Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR 06/23/2021 for AP Dig Boullallly signed yo Patinas! �� Dale: 2021.06.2312:14:1.1 04'00' SUBMITTED TO RISK MANAGEMENT N/A Ann -Marie Sharpe N/A SUBMITTED TO CITY ATTORNEY • N/A Victoria Mendez N/A APPROVAL BY BUDGET OFFICE N/A Leon Michel N/A APPROVAL BY ASSISTANT CITY MANAGER �� 1 1_ �'-;)-1, d c� U Fernando ,u :... - ayor • > APPROVAL BY DEPUTY CITY MANAGER Nzerlbe Ihekwaba RECEIVED BY CITY MANAGER 7°4 -a I A I i Noriega V ., SUBMITTED TO AND ATTESTED BY CITY CLERK N/A Todd Hannon N/A 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT G FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 21158 : r, , ;:v1; ICu]f 111t11 i * r;;y,O.� n%'' ORIGINATING DEPARTMENT: Procurement CITY OF MIAMI DOCUMENT ROUTING FORM DEPT. CONTACT PERSON; Anthony Rolle/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY; EXT. '1914 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? 0 YES [] NO TYPE OF AGREEMENT: 0 MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT 0 GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT MI) YES 0 NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL -AGREEMENT 0 LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER; (PLEASE SPECIFY) Report of Evaluation Committee Memo PURPOSE OF ITEM (BRIEF SUMMARY) Authorizing Negotiation of a Professional Services Agreement for RFQ No. 19-20-004, Design Services for Miami Police Department Headquarters Fortification - D6 COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO,: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A • ::.ROUTING.INFORMATION :'° :; ::.. .. ... .... .... : •-........ ; .. •. ... ,.. .. Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR 01/08/2021 �.-•- OIUOa6y signOJ by Ponaset •,��•,���` !)0 turalra,F1.00 <_.�r�``Il � 06e0o2021,01,0012:30:3f /Sharpe SUBMITTED TO RISK MANAGEMENT N/A Ann -Marie SUBMITTED TO CITY ATTORNEY N/A Victoria M6ndez • APPROVAL BY BUDGET OFFICE N/A Leon Michel APPROVAL BY ASSISTANT CITY MANAGER IQ�±,� TJr�B71 SIUhe. fti igoanlQ 6iriayor, Fernando Fernando . • o°`a.2°2.1410�° 13:35:09.05'00' APPROVAL BY ASSISTANT CITY MANAGER NIA Nzeribe Ihekweba RECEIVED BY CITY MANAGER Arth . Qrieg ` ✓ SUBMITTED TO AND ATTESTED BY CITY CLERK N/A Todd Hannon • 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 BTECITY MANAGE PR21046 CITY C)F MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Norlege V, DATE: January 8, 2021 City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Report of Evaluation Committee for RFQ No, 19-20-004, Design Services for Miami Police Department Headquarters Fortification - D5 ENCLOSURES: Response Security List, Evaluation Committee Tabulation Sheet, and Evaluation Committee Appointment Memo, and State of Florida Executive Orders 20-52 and 20-69 Background On January 31, 2020, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 19-20-004 for the provision of Design Services for Miami Police Department Headquarters Fortification ("Project"), on behalf of the Miami Police Department. Subsequently, 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. Simultaneously, Procurement received two (2) proposals in response to this solicitation from Wolfberg/Alvarez. and Partners, Inc. ("Wolfberg") and Architects Design Group/ADG, Inc. ("ADG"). Consequently, the proposals were reviewed by Procurement staff, upon which both proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. At the time of completion of the due diligence, 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 and attempted to schedule a Step 1 Evaluation Committee Meeting with the original Evaluation Committee appointed by the City Manager on May 12, 2020, without success. After one (1) appointed internal voting member and one (1) external voting member declined to participate, both alternate Committee members were asked to serve as substitutes on December 3, 2020, The Step 1 Evaluation Committee Meeting was finally scheduled for December 18, 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 18, 2020, the Committee appointed by the City Manager met and completed the Step 1 evaluation of the two (2) 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: PR21062 Page 2 - Design Services for Miami Police Department Headquarters Fortification, Arthur Noriega,V., City Manager Step 1 Evaluation Criteria Maximum Points (Per Committee Member) 1. Proposer's Qualifications and Experience 30 2, Proposer's Lead Architect/Engineer's Qualifications and Experience 20 3. Proposer's Team Qualifications and Experience 20 4, Design Philosophy and Process 15 5, Technical Capabilities and Approach 10 6. Amount of Work Awarded by the City 5 Total Points Per Committee Member 100 Proposers who agreed to meet the Small Business Enterprise ("SBE") participation requirement by assigning certified SSE firms with a "Local Office," as defined In City Procurement Code, Section 18-73, would have been granted five (5) Bonus Points, in accordance with the RFQ and City Procurement Code, Section 18-87, as amended. However, none of the two (2) Proposers chose to meet the SBE participation requirement using the "Local Office" criteria. 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 March 9, 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. Wolfberg/Alvarez and Partners, Inc. 465 (15) 2. Architects Design Group/ADG, Inc. 467 (15) The Committee decided not to hold oral presentations, as the proposals did not require further clarification, The composite and individual Committee member score sheets are attached hereto as supporting documentation. Consensus Statement Wolfberg, the•highest ranked team, received a total of 465 points out of a maximum total of 500 points. The Committee discussed both Wolfberg and ADG's extensive experience in completing these types of fortification projects and determined that Wolfberg had assembled a team of design and engineering professionals whose resumes demonstrated exceptional strength in the areas of facility fortification design and engineering. The Committee noted that, being a local firm, Wolfberg should find it easier to attend meetings and to navigate and comply with the permitting process through all agencies having Jurisdiction. After deliberation, the Committee members unanimously agreed that Wolfberg's proposal demonstrated that its qualifications are comprehensively suited to meet the critical needs of the City through this Project, and to provide continuing support to the City as the fortification design professional through the construction phase of the Project. As a result, the Committee voted unanimously to recommend to the City Manager that negotiations of a professional services agreement (PSA) be initiated with Wolfberg. Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee of Messrs, Robert Fenton (OCI), Richard Perez (MPD) and Wanda Mendez (DDA), to commence negotiations of a PSA with Wolfberg, the highest ranked firm, to develop a complete set of construction plans for bid and permitting purposes for the fortification of the Miami Police Department Headquarters. PR21046 Page 3 - Design Services for Miami Police Department Headquarters Fortification, Arthur Noriega,V., City Manager Approved: Arthur Norlega, V„ City Manager Date:Z c. Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Jorge R. Colina, Chief of Police, Miami Police Department Fernando V. Ponassi, MA Arch., MA PPA, LEED0AP, Assistant Director, Procurement PR21046 I` CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable City of Miami Commissioners DATE: January 8, 2021 and Honorable Mayor of the City of Miami FROM: Arthur Noriega, V. City Manager UBJECT: Report of Evaluation Committee for RFQ No, 19-20-004, Design Services for Miami Police Department Headquarters Fortification - 05 ENCLOSURES: Evaluation Committee Report In accordance with Section 1-87 (I) of the City of Miami Code, at tached please find the Report of the Evaluation Committee for subject solicitation. AP: ar o. Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Jorge R. Colina, Chief of Police, Miami Police Department Fernando V. Ponassl, MA Arch., MA PPA, LEER AP, Assistant Director, Procurement PR 21067 1 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT' Procurement DEPT. CONTACT PERSON: Anthony Rolle/Luis Caseres 1 °\ EXT, "1903 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? 0 YES Ell NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT El LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) City Manager Memo t]YES ❑NQ 0 PUBLIC WORKS AGREEMENT MAINTENANCE AGREEMENT 0 INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY) Evaluation Committee Appointments for Professional Design Services for Miami Police Dept. Headquarters Fortification-05, Project B-70143 RFQ 19-20-004 for OCI Ok to proceed! SB COMMISSION APPROVAL DATE: — FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A .: I'tOUTiNUG 1IHFO MATION Date APPROVAL BY DEPARTMENTAL DIRECTOR 5/5/202.0 pnn1 �2a aSiginature/Print PU17`dS�l'tic7 Rfeira, 5oulurejrn,IFernondo nssl Fernando Dote: 2020.05.0515:44:50 .apa SUBMITTED TO RISK MANAGEMENT N/A Ann -Mario Sharpe SUBMITTED TO CITY ATTORNEY N/A Victoria Mendez APPROVAL BY BUDGET OFFICE N/A Chris Rose APPROVAL BY ASSISTANT CITY MANAGER 05/11/2020 ilkiflfl x fagIm ,�:�1deeR on, Sandra Sandra Date: 02. 5o' f APPROVAL BY ASSISTANT CITY MANAGER Nzerlbe Ihekwaba RECEIVED BY CITY MANAGER Arthur Noriega V �---� J SUBMITTED TO AND ATTESTED BY CITY CLERK N/A Todd Hannon 4) 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 PR20139 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V,, City Manager FROM: Annie Perez, CPPO, Director Department of Procurement Digitally stoned by Pannssl Ponassl Bouturelra, Balalaika, Rolando Fernando Oato: 2020.05.03 1 >:50:00 DATE: May 5, 2020 SUBJECT: Evaluation Committee Appointments for Professional Design Services for Miami Police Department Headquarters Fortification — 05, Project B-70143 — Request for Qualifications ("RFQ") No.:19-20-004 — for the Office of Capital Improvements REFERENCES: RFQ No, 19-20-004 In accordance with Section 18-86(c)(6) of the City of Miami Code, the Department of Procurement (Procurement), on behalf of the Office of Capital Improvements (OCI), requests your approval to appoint the below listed professionals to the Evaluation/Selection Committee (Committee). The Committee will be tasked with evaluating and scoring the proposals submitted in response to Request for Qualifications (RFQ) 19-20-004 for Professional Design Services for Miami Police Department Headquarters Fortification, issued on January 31, 2020, The Committee shall be comprised of professionals that have the requisite knowledge and experience to evaluate the proposals pursuant to the criteria established in the RFQ. Chairperson (non -voting) Anthony Rolle, Sr. Procurement Contracting Officer, Procurement, City of Miami (COM) City of Miami Staff (voting) 1, Lieutenant Kevin Ruggiero, Miami Police Department (MPD), COM 2, Major Richard Perez, MPD, COM External Committee Members (voting) 1, Steven Lorenzana, Explosives Specialist, Transportation Security Administration, U.S, Department of Homeland Security 2. Wanda Mendez, Public Information Officer, Downtown Development Authority 3. Jose S. Camero, Registered Architect Alternate Committee Members (voting) 1. Richard Pope, Project Manager, Office of Capital Improvements (OCI), COM 2. Robert Fenton, Project Manager, OCI, COM Your signature below affirms your appointment of this Committee for the evaluation of proposals for the Project, as solicited under RFP No. 19-20-004, APPROVED: PR2O13 Arthur Ndr ega V, City Manager Date 1 EVALUATION COMMITTEE MEETING Friday, December 18, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-004 Professional Design Services for Miami Police Department Headquarters Fortification — DS Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUBTOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS • SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Robert Fenton. Project Manager, Office of Capital Improvements, COM Major Richard Perez, Miami Police Department Wanda Mendez, Public Information Officer, Downtown Development Authority Jose Carnero, Registered Architectu Richard Pope, Project Manager, Office of • Capital Improvements, COM • TABULATION SHEET RFQ No. 19-20-004 - NAME OF FIRMS) fl 1 WOLFBERG/ALVAREZAND PARTNERS, INC 1A - Proposer's Qualifications and Experience (Max. 30 points) 2A- Proposer's Lead Architect/Engineer Qualifications and Experience (Max. 20 points) 3A- Proposer's Team Qualifications and Experience (Max. 20 points) 4A - Design Philosopy g and Process (Max 15 points) 5A-Technical Capabilities and p Approach (Max.{Max.10 points) 6A- Amount of Work Awarded by the City (Max 5 points) Qualitative Scores Tie Breakers =Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 3 3 ' • 3 s 3 3 `- 3 - 0' .. 0 0 0. • 115 — "'�'•.:'. a? - 7A - Proposers Qualifications and Experience (Max. 30 points) 2A- Proposer's Lead Architect/Engineer Qualifications and Experience (Max. 20 points) - 3A- Proposer's Team Qualifications and Experience (Max 20 points) 4A- Design Philosopy and Process (Max 15 points)• 5A-Technical Capabilities and Approach (Max 10 points) 6A -Amount of Work Awarded by the City (Max 5 points) Qualitative Scores Tie Breakers =Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A In that order. 3 _ r. 3 - 3 $ . ' 3 � 3 17 3• 0 .:' .0 15 15 1 =:'-?•emu:= ":: ?"-_`~•' ' " 4r - ? 20 Page 1 of 3 { EVALUATION COMMITTEE MEETING Friday, December 18, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-004 Professional Design Services for Miami Police Department Headquarters Fortification — D5 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI SUBTOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS • SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK1 V 11/IUII 11110 VVCIIICIILJ, VV1YI Major Richard Perez, Miami Police Department Wanda Mendez, Public Information Officer, Downtown Development Authority Jose Camero, Registered ArchiloctO Richard Pope, Project Manager, Office of Capital Improvements, COM TABULATION SHEET RFQ No.19-20-004 NAME OF FIRM(S) .. Qualitative Scores Tie Breakers = Sub -Total Qualitative Points for IA, 2A, 3A, 4A, 5A, and 6A in that order. ' :;s ; ., ; - ¢ ~ j' Q s. ` "' "' a a 0 3 .t Tsar` Q 3 ' 4 GA - Amount of Work Awarded by the City (Max. 5 points) Tie Breakers = Sub -Total Qualitative Points for 1 Qualitative Scores A, 2A, 3A. 4A, 5A, and 6A in that order. a Q . n A 0. 0 — 3 `•`.: ': 3 Page 2 of EVALUATION COMMITTEE MEETING Friday, December 18, 2020 Department of Procurement Request for Qualifications (RFQ) No.19-20-004 Professional Design Services for Miami Police Department Headquarters Fortification — D5 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS • rr ui > F- • F - < G. �� aV w U u! > P Q i - Q a --I Q 1—m O z z d a to Q Fit !QY ZO ¢ a F lu a co W_ �Q Z O 1L _ z to a z O a O m FZ- co U co p z Z Q re Z `o CO o m ! c d € o o = ord 5 F_ 4 a- o m _ == t3 V G °' a v 3 R_ d ._ o 3 R o o E. U a 0 _ to ix U 0 ' o o M d C> m w == a O O- R d a -o o TABULATION SHEET ■A■� RFQ No. 19-20 004 NAME OF FIRM(S) ` _ {, ,• i . Qualitative Scores -fie Breakers = Sub -Total Qualitative Points for IA, 2A, 3A, 4A, 5A, and 6A in that order. , A "' .. _... _.: Q ;: , A 0 0 0 0 0 0 3 ( 0 3 6 Qualitative Scores Tie Breakers =Sub -Total Qualitative Points for IA, 2A, 3A, 4A, 5A, and 6A in that order_ '-r. .,.. : , D.f :: p . : 0 0 . . - Chairperson: Anthony M Hansen. Sr_ Procurement Contacting Officer Page 3 of 3 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 2O 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 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 facernask 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:, 1&ON DESANT:IS, 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 Section 2, I designate the Director of the Division of L•smergency 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 maybe 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 A.djutant General to activate the Florida National Guard, as needed, to deal with this emergency, Section 4, I find that the special duties and responsibilities resting upon some State, reiionaI, and local agencies and other governmental bodies in responding to the emergency may require thew 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. 13. Each S tate 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 ail 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 C. In accordance with section 4.65,0275, 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 tinge and materials contracts without ceiling as defined by 2 CFR 200.3180) 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 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: I) 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 ,G., 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 vatid 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 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; EQRETARY 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 Mardi, 20 7 Ctri nig FW STATE OP 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 on 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 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, TFIEREFORE, I, RON DESANTI, 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 anyFlorida 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, 202049 Dakpio RON DESANTIS, GOVERNOR. ATTEST: >. 4tCJWO E RETARY OF STATE :CITY OF MTAMI OFFICE OF THE CITY CLERK pm SECURITY LIST BID ITEM: Professional Design Services for MPD Madclnarler Fortification - D5 BID NUMBER: RFQ 19-20-004 DATE BID OPENED: D: March 9, 2020 TIME: 2:00 p.m. BIDDER TOTAL BID 13OND (ER) ,BID AMOUNT CASHIER'S . CHECK. Wolfberg Alvarez & Partners See attached . See attached 'Architects Design Group, Inc. See attached See attached ^-"y1e^---�. I ----- r 1..1. .. � , . ' ,`.ion .+ ,,.,,•., . @Gam .0 - . .EY„ -• __•,M_., Received (2) bid(s) o behalf: Pr• •urem t Cif; PREPARED BY: Deputy City Clerk � 141F ERGAkVARIct:1 PAF2TN0RS i'�1!ti Y{R:.►.Ici1,:1 P4:6:11111" «Pit 1i7:"t " Raul . Esr,ml;-V169 Pwir.liinF Kahiia • Fotoilr.r;lt:f.J01;i1C':. 111U V:/It ori. ri.k klel 1194F414 75 VALEMCIAAVti., SUITE 1050, CORAL GABLES, Ft. 33134 Pit 395•599.5474 CONSULTANT WORK ORDER PROPOSAL Date: April 15, 2021 Revised — May 6, 2021 Revised — May 17, 2021 Dear: Mr. Anthony Rolle, M.Acct., J.D., CPPB Senior Procurement Contracting Officer Department of Procurement City of Miami Riverside Center 444 S.W. 2"d Avenue, 6th Floor Miami, Florida (arolleamiamigov,com) cc: City of Miami City Clerk's Office (Cierks(amiamloov.com) Re: City of Miami Police Department Headquarters Fortification Project No: B-70143-D5 Subj: Proposal for Professional Design Services Wolfberg Alvarez & Partners proposes to provide the Services noted below for the above -referenced project. The proposal has been revised to reflect the April 27, 2021 preliminary negotiations and May 14th second negotiations. I, GENERAL This proposal has been prepared as requested by the City of Miami Procurement Department in a two-step format. The initial task services includes preparation of Conceptual designs, 3-D depictions of proposed improvements, preparation of Order -of -Magnitude Construction Cost Estimate for each item and attendance at meetings with governmental authorities as delineated below. These services are well defined and the required effort to perform these tasks are qualifiable. Accordingly, an Estimate of Work Effort and cost spreadsheet has been prepared and is included herein. Inasmuch as the selected option for the Security Check Point item and exact scope of work for the remaining tasks is not known at this time, and therefore, the design effort from Schematic Design through Construction Administration Phases cannot be accurately determined, not to exceed (NTE), dedicated fees have been calculated based on anticipated required effort by the NE. Upon further definition, the exact level of compensation will be negotiated with the City. II. SCOPE OF WORK 1. GENERAL ITEMS - QUALIFICATIONS a) The Credit Union and Cafeteria will remain in their present location. b) The creation of digital drawings (CAD) of existing conditions is limited to those areas specifically included under thls proposal. Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 2 of 10 c) There will not be a requirement for wall fortification for any of the existing interior spaces scheduled for remodeling. d) Door and window replacement Is limited to those areas specifically included under this proposal. The City will address the remaining doors/windows under a separate work order. e) There is no scope of work associated with the Records Department nor with the Alarms Department. f) For the purpose of this proposal, it is assumed that base building HVAC, power and F.A. systems are capable of supporting the proposed improvements. Any required upgrades shall be implemented by another project. 2. SPECIFIC SCOPE OF WORK/AREAS INCLUDED IN ANALYSIS a) Security Checkpoint/Lobby Renovations — Option 1 Redesign the entry Security Checkpoint to increase efficiency and relocate the checkpoint closer to the entrance (south). A controlled vestibule with two doors (a pedestrian sally port) will also be introduced to increase security. Redesign the reception desk to have personnel (2 people) secured behind bullet proof enclosure.. The desk shall be more contemporary in look and be ADA compliant. Redesign entry doors and storefronts as required. Doors, storefronts and walls will not be blast resistant. Additional communications from the reception desk will not be required as the desk is manned by officers and they are equipped with radios with emergency call button. b) Relocate Security Point to Entry Plaza — Option 2 Relocate Security checkpoint to a location external of the main building in an independent, stand-alone building that will house one staff member, magnetometer and bag search operations. A new security fence, running north/south with gates will be provided from the new checkpoint and located in the landscaped areas, providing added security. The main lobby and reception desk is to be reconfigured and remodeled since screening takes place at the new location. c) Additional Checkpoint at Entry Plaza — Option 3 Add a checkpoint at the entry plaza consisting of a small Guardhouse to accommodate a single security person, with a new security fence, running north/south with gates. The fence shall be located in the landscaped areas. This option adds a level of security away from the building wherein the attendant inquiries as to the visitor's purpose for requiring access to the building and if there is a suspicious threat imposed by the visitor. lithe purpose is confirmed and there is no apparent threat of malicious intent, the visitor is granted access via an electrically controlled man gate. CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 3 of 10 d) Controlled Access from Cafeteria to Police Building by introducing a secured and controlled vestibule with two doors (a pedestrian sally port) on the Police side of the pedestrian bridge to limit access to the police building. Modify the cafeteria layout as required -to accommodate the sally port. Additionally, introduce secured back -off house access from the Dining Area which provides access to other floors via the egress stair. e) Secure Guardhouse/Controlled Pedestrian at NW 3rd Ave. Redesign the guardhouse to provide for enhanced security for the guard (bulletproof) and introduce a controlled pedestrian access point for NW 3rd Ave, into the parking area. Consider possible introduction of anti -ramming vehicular systems into parking area, (Possible easement located in subject area may not allow for permanent improvements and existing, significant underground utilities may interfere with any systems requiring footings.) f) East Entry Remodel the existing east entry to operate as a secured emergency exit only. Services/Deliverables: Phase I - Conceptual Design WA shall provide the following services and deliverables to the City. TASK 1: Field Verification The NE shall visit the site to make visual observations and photographically document existing conditions and take field measurements as necessary for the preparation of as -built conditions, Task la: The A/E shall attend one (1) meeting with each of the following agencies/departments and prepare Conference Notes: FDOT, City of Miami Public Works and City of Miami Planning and Zoning Department. TASK 2: As -Built Drawings Based on information gathered in Task 1, prepare as -built drawings of the subject areas included in this work order. The as -built drawings shall include floor plans, reflected ceiling plans and visually exposed items such as receptacles, F.A. devices, sprinklers, diffusers, etc. No exploratory work within walls, above ceilings, below grade, etc, is included. Note that the A/E is not a land surveyor and as such, the degree of accuracy is commensurate with the inherent limitations posed by field measurements with lirnited equipment and capabilities. CAD files of As -Built drawings will be provided to the City. CCP Form 116 Revlsed 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 4 of 10 TASK 3a: Security Checkpoint/Lobby Renovations — Option 1 Develop at a conceptual level, floor plan of the entry Security checkpoint, including the introduction of a pedestrian sally port, a completely redesigned reception desk and adjacent lobby if necessary. Redesign entry doors and storefront to coordinate with new layout. Prepare 3-D rendering of proposed interior reconfigured space. TASK 3b: Relocate Security Point to Entry Plaza — Option 2 Develop at a conceptual level, floor plan for a new stand-alone building, located external of the main building which will house one security staff member, a magnetometer and bag search operations. Introduce new security fence at this point. Reconfigure main entrance and reception desk. Prepare 3-D rendering of proposed security check point and security fence terminating at existing building walls. TASK 3c: Additional Checkpoint at entry Plaza — Option 3 Develop at a conceptual level, floor plan for a new Guardhouse to accommodate one security staff member located at the entry plaza and introduce new security fence at this point. Prepare 3-D rendering of proposed security check point and security fence terminating at existing building walls. TASK 3d: Cafeteria Controlled Access Develop at a conceptual level, floor plan Introducing doors to limit and control access to the Police Building. Additionally, secure back -off house access from the Dining Area to other floors via egress stairs. Prepare 3-D interior rendering depicting the configuration of the controlled access. TASK 3e:. Secure Guardhouse/Controlled Pedestrian — NW 3rd Ave. Develop at a conceptual level, site plan, floor plan for a redesigned guardhouse, study the implementation of a vehicular anti -ramming systems into the parking area and introduce controlled pedestrian access from NW 3rd Ave. into site. Prepare 3-D rendering of the reconfigured guardhouse, fencing and vehicular anti -ramming system, CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 5 of 10 TASK 3f: East Entry Develop at a conceptual level, floor plan to modify east building entrance as a secured emergency exit only. Prepare 3-D rendering of the reconfigured building entrance. Deliverables: a. The NE shall submit presentation drawings depicting the proposed modifications of each of the items noted above with a brief narrative of salient points and issues. 3-D renderings are intended to convey the general configuration and architectural look of the proposed improvements. They are not intended to include detailing such as finishes, color, texture, shadows, lighting contribution, etc, b. Prepare Order -of -Magnitude Construction Cost (not detailed) for each item. c. Attend one (1) meeting with City staff to present schemes and solicit input, comments, etc, Attend meetings and prepare Conference Notes at attendance with FDOT, City of Miami Public Works and City of Miami Planning and Zoning. d. Incorporate any comments generated at the meeting and revise the drawings as necessary. Prepare final Conceptual Design booklet. PHASE II — SCHEMATIC DESIGN PHASE Based on the approved Phase I - Conceptual Design, and on the accepted option for the Security Check Point task, the NE shall prepare Schematic design drawings further developing the proposed design, including floor plan, elevations (interior and/or exterior as appropriate for the task), site plan (If appropriate) and other drawings depicting the design. An `order -of -magnitude" construction cost estimate is also included. The drawings shall be issued to the City for review and approval. PHASE III — DESIGN DEVELOPMENT DOCUMENTS The approved Schematic Design drawings, with any minor City -requested modifications, will be the basis for commencement of the Design Development phase. During this phase, preliminary discussion and agreement shall be made as to the structure, general mechanical and electrical systems, as well as materials, coordination with existing building components and required modifications, and other design elements to be incorporated during the Design Development Phase. CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05.06-2021 Revised 05 -17-2021 Page 6 of 10 This phase includes more developed drawings, including engineering disciplines and outline of technical specifications. The documents include the architectural, civil, landscaping, structural, mechanical, plumbing, fire protection, and electrical drawings. Update construction cost estimate. Drawings will be issued to the City for review and approval. PHASE IV - CONSTRUCTION DOCUMENTS Based upon the approved design Development documents and any minor modifications requested by the City, WA will further develop and complete the Construction Documents. These documents consist of the final drawings and technical specifications in sufficient detail for the permitting and construction of the project. The final drawings shall be issued to the City for permitting. Update Construction Cost Estimate. Final Drawings will be issued to the City for review and approval. PHASE V - PERMITTING :$ VKDOO DVVLVW WKH &LW\ LQ FRQQHFWLRQ ZLWK WKH 32ZQ required for the approval of governmental authorities having jurisdiction over the project. During thisphase :$ VKDOO DVVLVW WKH &LW\ E\ LQFRUSRUDWLQJ SHUPL re -issuing drawings as revisions for final sign -offs by the agencies and departments having jurisdiction. PHASE VI - BIDDING, NEGOTIATION, AND AWARD PHASE WA shall assist the City with the bld through award process. It is anticipated that the City will SURFXUH 3KDUG ELGV' IRU WKLV SURMHFW IJlzisi7iReraliblgH:iTpeDOLILHG ELG PHHWLQJ SURYLGLQJ ELG GRFXPHQWV sl,Jkl- 8a171W✓04..QJ WR contractor blds. Upon award, WA shall attend the preconstruction meeting. PHASE VII - CONTRACT ADMINISTRATION DURING CONSTRUCTION During this phase, the WA team will assist during the construction of the project. Items included under Construction Administration (CA) services are: review of shop drawings and products, UHVSRQGLQJ WR FRQWUDFWRWHV UHTXHVW !RU LQIRUPDWLRQ Payments, substitution reviews, attending construction meetings, and performing periodic field visits. For the purposes of this proposal, site visits and/or construction meetings have been included on a bi-weekly schedule. CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Protect B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 7 of 10 In general, the primary Intent of the WA team is to protect the interest of the City while the project is under construction, which Is anticipated to take approximately 12 months to complete. QUALIFICATIONS: The following qualifications have been taken Into consideration in preparing this proposal: Threshold inspection Services and Private Structural Reviews (Private Provider) for issuance of a permit if required are excluded. As -built or Record Drawings of the improvements to be prepared by the Contractor, - LEED Services are not included. The services of a City -approved arborist, if required, shall be retained by'the City. Permit expediting is not included. ADA Consultant is excluded. ADA analysis by WA staff is included. Life -Safety Consultant is excluded. Life -Safety analysis by WA staff is Included. Civil Engineering Services extend to the property line only. All off -site improvements, if any, are excluded, Environmental mitigation and/or implementation is not included. Traffic analysis is excluded. VIII - SUB -CONSULTANTS The below listed Sub -Consultants will "assist In the performance of the Work. Sub -Consultant Name J. Bonfiil & Associates Specialty or Expertise Land Survey IX - 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 Conceptual Design Task 1 Field Verification Site Documentation 1 week NTP + 1 week Task 2 Generate As - Built Drawings Prepare As-Builts 1 week NTP + 2 weeks Task 3 Conceptual Design Services _Conceptual design development 8 weeks NTP + 10 weeks Present to City 1 week NTP +11 weeks A/E Incorporates and issues final drawings. 2 weeks NTP +13 weeks CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 8 of 10 Task 4 Order of Magnitude Construction Cost Estimate• Cost estimate development . - 1 week . NTP +11 weeks Task 5 Present Schemes to City Prepare schemes, issue to City, and receipt of comments. 1 week NTP +12 weeks Task 6 Incorporate City Comments/ Final Concepts issued Prepare Final Concepts & Issue to City. 1 week NTP +13 weeks PHASE 1I Schematic Design 4 weeks NTP +17 weeks PHASE 1I1 Design Development 6 weeks NTP +23 weeks PHASE IV Construction Documents 12 weeks NTP +35 weeks PHASE V Permitting 12 weeks (estimate) NTP +47 weeks PHASE VI Bidding, Negotiations, and Award Phase 12 weeks (estimate) NTP +59 weeks PHASE VI1 Contract Administration 48 weeks (estimate) NTP +107 weeks CIP Form 116 Revised 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05.17-2021 Page 9of10 X. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of Two Hundred Seventy One Thousand, Five Hundred Forty Four Dollars and Ninety Cents ($271,544.90). 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 $1,000,00. Said Reimbursable Expenses shall be used In accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* - FOR CONCEPTUAL DESIGN PHASE Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Task 1 Field Verification $ 2,946.40 Lump Sum Task la Meetings $ 3,480.00 Lump Sum Task 2 As -Built Drawings $ 5,626.00 Lump Sum Task 3 Conceptual Design Services $ 67,020,16 Lump Sum Task 4 Order of Mag. Const. Cost Estimate $ 3,155,20 Lump Sum Task 5 Present Schemes to City for review $ 2,499,22 Lump Sum Task 6 Incorporate City Comments/Issue Final Concepts $ 7,232,02 Lump Sum Subtotal — Professional Fees (Tasks 1 thru 6) $ 91,959.00 Lump Sum Task 7 Security Check Point (worst case) $ 58,000.00 Dedicated Allow. - NTE Task 8 Controlled Access from Cafeteria $ 12,000,00 Dedicated Allow. - NTE Task 9 Secure Guardhouse/Controlled Pedestrian at NW 3rd Ave. $ 66,000,00 Dedicated Allow, - NTE Task 10 East Entry $ 9,500;00 Dedicated Allow. - NTE Subtotal — Professional Fees (Tasks 1 thru 10) $237,459,00 Lump Sum - NTE Sub -consultants: Phase I Environmental $ 2,500.00 Allowance Survey (J. Bonflil & Associates) $ 6,840.00 Allowance Additional Services —Allowance (10% Prof. Fees) $ 23,745.90 Allowance Allowance for Reimbursable Expenses $ 1,000,00 Allowance TOTAL $271,544.90 Estimated Fee ote; Compensation should match the Task, Activities, and/or Deliverables identified, CIP Form 116 Revlsod 10/19/12 Consultant Work Order Proposal City of Miami Police Department Headquarters Fortification Project B-70143-D5 04-15-2021 Revised 05-06-2021 Revised 05-17-2021 Page 10 of 10 COMPENSATION FOR PHASES II THROUGH VII Compensation for each task shall be a stipulated fee for Schematic Design Services through and including Construction Administration Phase services, The exact level of compensation Is to be negotiated with the City when the Scope of Work Is further defined. Total fees per task are as follows: TASK TOTAL COMPENSATION (DEDICATED ALLOWANCES) TASK 7: Security Check Point (worst case) $58,000.00 TASK 8: Controlled Access from Cafeteria $12,000.00 TASK 9: Secure Guardhouse/Controlled Pedestrian at NW 3rd Ave. $66,000.00 TASK 10: East Entry $9,500.00 The above -noted compensation for TASKS 7 through 10 shall be distributed per phase, per the percentages noted below: - Schematic Design Phase Design Development Phase - Construction Documents Phase - Permit Phase - Bid Phase/Award - Construction Administration Phase XI ADDITIONAL SERVICES :15% :20% :45% :2% :2% :16% 100% The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: • Scope beyond described herein. XII PROJECT MANAGER CONSULTANT'S Proj ct Ma ?r fclir this Work Order assignment will be Aris Garcia, R.A. Submitted by: Y Marcel Morlote, R.A., President Wo[fber. Alvarez & Partners Reviewed and approval in concept recommended by: Carlos LOzail'Or flau'Iscrx Office of Capital Improvements Attachments: Estimate of Work Effort and Cost - Prime Consultant J. Bonfill & Associates CIP Form 116 Revised 10/19/12 ESTIMATE OF WORK EFFORT AND COST - PRIME CONSULTANT Project Police Department Headquarters Fortification • Projectrvo.: 9- 70143-D5 Ouse$u5on: Comeau.' Design Phase for Security Checkpoint Options.Cafeteria Controlled Access. Secured Guardhouse. NW 5 Sr Service VeNde Entry and East Entry Renovation. Ccnsugantateme: W00berg-A(verez Contract -No.: 19-20-004 Date: 6/172021 Esfimat0r Marcel Modote STAFF CLASSIFICATION Job Classi ration Suitt Applicable bate Position 1 Principal Rat= $7690 l Positron Sr44I . ProjAlor/Designer I. Rata $50.00 Positron ; Position PostUonS Project Architect tt Lead Engineer Engineering Designer 1 0 Rate: , Rate: Rate: $385f Position Cost Estimator Rote: S55.50 Posidon7 Rate: rSaR Hours By Activity Salary Cosi5y 1 Activity Average Rate Per • Task Work Activity 1 Man hours Cost/Aetivityl hMh^n ours Cost/ActivityCost/Activitym Man hens Man Cast/ncy3 hours C°sf(Acmnty horns Cost/ACu"v3y hOws _Ccst/Acd hours ouManrs Cosh Activity Task 1-Fele Verification I 8 5400 16 5516 i I 24 51,016 $4233 2 Task 1A- Meetings 1 24 1 51,200 -. j 24 51,200 550.00 3 Task2-Generate As-Be1r Drawings of SublectAres S 8 5400 40 51.540 ( I 48 61,940 $40.42 4 Task 3-Conceptual Design I i L 5 3.a-Secrity Checkpoint- 4 5308 ( 60 53.000 70 t0-Option1 52.926 f i 140 56234 56553 6 3b- Relocate Security Checkpoint- Option 2 4 5308 1 40 S2,000 56 52,156 1 100 54,464 $44.64 7 3.c-Additional Security alecicpoint -Option 3 4 5308 40 52000 566 S2,156 100 $4.450 $44.64 8 34-Cafeteria Controlled Access 1 $77 i 28 51,400 32 51232 61 52709 544A1 9 3.e-Seared Gard Heise f NW 3rd Ave 2 5154 ! 40 s5,000 48 $1.848 ' SO $4,002 $44A6 10 31-East Entry Renovation 1 677 y 14 5700 12 548C ! 27 51,239 $45.89 11 Task 4 -Prepare Order of Magnitude Estivate 1 4 $200 + 16 588d 20 51.058 554A0 12 Task 5 -Present Schemes to City 2 $154 8 5400 8 5308 j I 18 S862 547.88 13 Task 6- Incoporete City Comments/Final Concept 2 $154 1 16 5600 40 61.540 1 1 5a 52.494 543.00 14 4 t5 ! ? 1 16 ) I 17 18 19 i 20 ! 21 22 23 1 J Total Staff Hours 20 I 290 384 I 1 16 710 Total Staff Cost 51,538.00 1 014,500.00 514,784.00 1 5088.00 531,710.00 S44.66 - Total 4 of Work by Posluon 28% 40.8% 54.1 ESTIMATE 00 SURVEY CREW COSTS 3-man Survey Cram ay.., days a. 4-man S.evey0100 Carr dayea /day = 5 /day = 5 Noes: 1. This sheet is to be used by Prune Consultant to celeilate the Grand Total Fee. 2. Manually enter fee from eachsubeornu5ant Unused subsensuhard rows may be hidden 3. The basis for work =rallydOScdP5Ons shag be the F10E4FDOT Standard `•�1+r and Staff Holy Estimation Handbook Cry at Nryu4 C7P_Fcm.,ir: Fcrmr6'I516S • 1 -SUBTOTAL ESTIMATED FEE: (multiplier 29) TASK 7 (Allowance): Security Check Point TASK 8 (Albwanee): Canholled Access from Cafeteria TASK 9 (Allowance): Secure GuanitouseJCcntrolled Pea, TASK 10 (Allen an00): East Entry _591t959.00 ' $58,000.00 } 512000.00 3 566.000_00_ r— 59,500.00 2-SUBTOTAL ESTIMATED FEE: 5237,r9.00 I Wiese 1 Environmental (AOowane4): ' $ 2.600.00 Survey Fee: 1Bonidl B Associates S 6,840.00I Other ',Esc. Fee 3-SUBTOTAL ESTIMATED EEE Adr66ona1 Services (AIioWJJloe) 10% Retmbuusables (Allowance) GRAND TOTAL ESTIMATED FEE: 524S,799-00j 523,745.90 ' s1 ua000� $271,54490 i J. BONFILL & ASSOCIATES . St",i4,yporgpit ; Ytr.+u!.i"�..,.'l S o v�; ;m. vt i .r4 ,�ee � W.ii'�i k��::1`C 1^rl' �•'b�i1A mr. .. •,.14•,' r'�11,• {. - 1.5.'•:. 1'k•'/�r tii�+ 1•it Cl ��?!r. ..�n3�ivn„ i::; n.i ;",rct ; �attti.,wiiiu:Jll5lsit3ida...lm,..ay�. •et�nY3.7 Architects Land Surveyors & Mappers Civil Engineers May 3rd, 2021 Woifberg Alvarez & Partners 75 Valencia Avenue Suite 1050 Coral Gables, FL 33134 Attn, David Vazquez in reference to: 400 NW 2"d Avenue, Miami, Florida. Dear Mr. Vazquez, Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project, the following proposal for same Is hereby submitted for your consideration: Scope of Services: Specific Purpose Topographic Survey. 1. Parking garage entrance NW 3cd Avenue first floor and front entrance NW 21'd Avenue. Guard House and Pedestrian entrance. 2. All above ground improvements including all the way from sidewalk to the plaza, up the steps and ramp, across the bridge, under the canopy, at the way to the front entry doors of the lobby. As per pictures received May 3, 2021. 3, Spot elevations at 15 feet grid. 4. ROW Information of NW 3rd Avenue to the C)L and on 2"d Ave to the edge of the sidewalk 5. All above ground visible utilities, including Rim and Invert Elevations of catch basins and manholes, light poles, electric boxes, guard poles, planters, 6. Locate existing trees and vegetation, common names, canopy, trunk & height. if trees are not identifiable by our surveying crew, owner is responsible for consulting with a botanist/arborist or a tree expert for species identification. Time of Completion: JBA estimates 12-15 working days' weather permitting and after NTP This proposal assumes site access is available and work can be performed between the hours of 8:00 AM and 3 00 PM Monday through Friday. Qualifications: 1. Rule of Law: All field and office efforts in connection with this protect will be performed in strict accordance with the applicable provisions of the "Standards of Practice for Land Surveying in the State of Florida ", pursuant to Rule 5J-17 Florida Administrative Code, 2, Requests for service not specifically enumerated in this Letter of Proposal will be addressed via separate response if so required. 3, All survey work to be done in U.S. feet. 4, Client will provide access to the property and parking. Scope of work Is restricted to the area as per instructions, 5. Elevation Information to be specified by client prior to commencing the fleld work. City of Miami Datum or NGVD. 6. Client must provide information in reference to the easement unless It is showing In the City of Miami Atlas or Plat, 7, JBA will provide two separate drawings. Electronic flies and PDF files, �.atgy,^,,rq�r v�} fY. c y. � � i •!x3��gg� X J`.��rr�r, �. !,it1`'�i9S�'�1Se%h����ai��, � lea �a �`= YYu--6k u,b u`�%d8iit7;��.LG3fttk 1"�3V7Zf:. r... 7100 SW 991h Avenue• Suite 104 • Miami, Florida 33173 • T 305.598.8383 • F 305.598.0023 AAC002050 • LB3398 • CA31428 • www.jbonfill,com BONFILL & ASSOCIATES r�rrrpr r�VrtTiv"�,gh,,' t'E:t,;.:s•.�,{�q r"'�•Rsei �i•c;}: .c.•. �'1 �•. :1!�{I-.:f f.C•: •{l.�j$�tp. t�n,���.j .:sua.•`a•>?�s;.:,:s t �tl.�•y.;ei.:i.4�.�Ss'n�i � `"' • Architects Land Surveyors & Mappers Civil Engineers Fees: $6,840.00 Payment Terms JBA will Invoice upon completion of Job. Payment Is due not later than 5 days after consultant receives payment from the Client, Payment is not contingent on payment from a third party unless other written agreements or guarantees are agreed to by both parties and attached hereto. No waiver shall be construed as a modification or amendment to these payment terms unless expressly stated in writing by J. Bonfill & Associates, Inc, Should at any time during the project the Client find It necessary to discontinue the services described above, or If the parties mutually decide to terminate this contract, the Client will compensate J. Bonfill and Associates, Inc. on an hourly basis for the percentage of work completed plus reimbursable expenses. Lump Sum Fees are fixed for a period of three months from the date of thls proposal. If the work has not been Initiated within this three-month period, J. Bonfill and Associates, Inc, reserves the right to terminate or renegotiate this proposal, In the event either party is forced to seek legal advice or representation to enforce any of the provisions of this agreement, then the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, including fees and costs for court ordered mediation and/or fees and costs on appeal in Miami Dade County, Florida. By acceptance of this proposal, the signing person represents and warrants to The Surveyor, that it is authorized to enter and accept the proposal on behalf of and binds Wolfberg Alvarez and Partners. If acceptable, a space is provided for an authorized signature, We will consider the return of the signed original letter as our legal contract and Notice to Proceed, By signing below, l APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) On behalf of J. Bonfill & Associates, Inc„ I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response, In the interim, If there is anything we can do to be of service In this or any other matter, please do not hesitate to call me directly at 305,598.8383. Sincerely yours, Marilyn Bonfill Sarasota Managing Director UMW' il.:• P%a v y' Ski. r„ E ,s'• F i TE gk�•4+'7 7a S9;- i fi Y z`�:,,'AA'�.,'.. r iIM �dl'�Ffa1�T�S..��d��s'siNT,rM�-3tGW7kF:vtfil'b '2:,ffiC"• �f4'�:11 a'�'�'''ik�.at 7100 SW 991h Avenue • Suite 104 • Miami, Florida 33173 • T 305.598.8383 • F 305.598,0023 AAC002050 • L83398 • CA31428 • www.jbonfill.com